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HomeMy WebLinkAboutContract 48933-MD1CSC No.48933-MD1 MODIFICATION #1 TO LETTER OF AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FORT WORTH FOR FLOODPLAIN MANAGEMENT SERVICES Base Flood Elevations for selected Fort Worth Floodway Sumps This MODIFICATION LETTER OF AGREEMENT is entered into this 25 "� day of Su ly , 2022, by and between the Department of the Army (hereinafter called the "Government'), represented by the U.S. Army Corps of Engineers, Southwestern Division, and the City of Fort Worth (hereinafter called the "Non -Federal Sponsor"), represented by the Assistant City Manager, Dana Burghdoff, collectively referred to as the "Parties." WITNESSETH THAT: WHEREAS, Section 206 of the Flood Control Act of 1960, 33 U.S.C. § 709a (as amended) authorizes the Secretary of the Army, acting through the Chief of Engineers, to compile and disseminate information on floods and flood damages and to provide engineering advice in planning to ameliorate the flood hazard to Federal and non - Federal interests, referred to as the "Flood Plain Management Services Program;" and to collect from Federal agencies and private persons fees for the purpose of recovering the cost of providing the requested services and to accept funds voluntarily contributed by state, regional, or local governments for the purpose of expanding the scope of the services requested by the entities; and WHEREAS, the Government and the Non -Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate with the terms of this Letter of Agreement ("LOA"). NOW THEREFORE, the Agreement dated February 16, 2017, is hereby modified in the following particulars, but in no others: 1. Change Paragraph 2 to read - "The total cost of the Floodplain Services estimated for this LOA is $200,000. As of the effective date of this LOA, $0.00 of Federal funds is currently projected to be available for the Floodplain Services. The total cost to the Non -Federal Sponsor is $200,000. The Non -Federal Sponsor shall voluntarily contribute in cash 100 percent of the estimated OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX costs of the Floodplain Services; provided that the Government shall not obligate any cash contribution by the Non -Federal Sponsor toward costs of the Floodplain Services until such cash contribution has actually been made available to it by the Non -Federal Sponsor." 2. Change Paragraph 3 to read — "Within thirty (30) days after the effective date of this LOA, the Non -Federal Sponsor agrees to provide a cashier or certified check(s) or an Electronic Funds Transfer in accordance with procedures established by the Government in the amount of $200,000. Payments shall be made payable to FOA, USAED, Fort Worth District. No Floodplain Services shall be commenced until payment in the full amount of $200,000 is received. Payments by the Non -Federal Sponsor may be sent to "FAO, USAED, Fort Worth District" to the US Army Corps of Engineers Finance Center, CEFC-AD-C-EROC M2, 5722 Integrity Drive, Millington, TN 38054-5005, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government." For the Government: For the Non -Federal Sponsor: IN WITNESS WHEREOF, the parties hereto have executed this LOA Modification #1 that shall become effective upon the date it is signed by the Division Engineer, THE UNITED STATES OF AMERICA BY ` 1 t /w W JONAT�'AN S. STOVER, P.E., PMP Colonel, EN Commanding DATE � u". 251 _�o Z-�-- CITY OF FORT WORTH AMR Fww g BYDana eurghdoff JLK15,202M.03 CDT) DANA BURGHDOFF Assistant City Manager City of Fort Worth DATE Jun 15, 2022 Approved as to Form and Legality: M. Kevin Anders, II Assistant City Attorney Date: 08/26/2025 ATTEST: °4a ,»F °°OR>,�o;,� Fg pv8 =o Q, 44 °d�ong44.d t Jannette S. Goodall City Secretary Date: 08/26/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Modification #1 to Letter of Agreement between the USACE and City FORTWORTH Routing and Transmittal Slip TPW Stormwater Manaqement DOCUMENT TITLE: Modification Letter #1 to the Sump Study Agreement with the Corps of Engineers M&C: 22-0119 CPN CSO CSC No. 48933 DOC Remarks: When City Council approved Modification Letter#1 to the 2017 Letter of Agreement with the US Army Corps of Engineers in 2022, it was signed by City Management but was never signed by Legal or the City's Secretary Office. This was likely because we were using the USACE's standard form. Please sign the attached added page so the document can be scanned for the City files. DEPARTMENT 1. Jennifer M. Dyke, Asst. Dir TPW- Initial 2. Kevin Anders Legal- Signature 3. Katherine Cenicola Approver 4. Jannette Goodall CSO- Signature 5. Allison Tidwell Form Filler INITIALS DATE 08/26/2025 W-AIC 08/26/2025 08/26/2025 Q� 08/26/2025 08/27/2025 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please call xxxxxx at ext. xxxxx for pick up when completed. Thank you.