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Home My WebLink About048933-T1 - General - Contract - The Department of the ArmyCity Secretary Contract No. 48933-T� ACKNOWLEDG NT OF TERMINATION OF FORT WORTH CITY SECRETARY CONTRACT NUMBER 48933 This Acknowledgment of Termination of Fort Worth City Secretary Contract Number 48933 is executed by the duly authorized Assistant City Manager on behalf of the City of Fort Worth, a Texas home- rule municipality, with reference to Fort Worth City Secretary Contract Number 48933, a Letter of Agreement between The Department of the Army ("Army") and the City of Fort Worth (°City") for Floodplain Management Services (the "Agreement"). WHEREAS, on February 16, 2017, Army and City entered into the Agreement for Army to provide floodplain management services related to sump floodplains in the City for an amount of $100,000.00; and WHEREAS, pursuant to Mayor and Council Communication 22-0119, on July 25, 2022, the Army and City entered into Modification #1 to the Agreement to expand the scope of the Agreement to increase the City's costs under the Agreement from $100,000 to $200,000 to include additional sump floodplains; and WHEREAS, on April 24, 2024, Army notified City (the "Notice") of its determination that the expanded scope of services in the July 2022 amended did not meet the legal requirement for Section 206 of the Flood Control Act of 1960 extended services; and WHEREAS, pursuant to the Notice, the Army considers the Agreement to be terminated in accordance with the terms of Section 8 of the Agreement; and WHEREAS, the City desires to accept the Army's determination. I. The City hereby acknowledges that the Army unilaterally terminated the Agreement through its Notice dated Apri124, 2024 in accordance with Section 8 of the Agreement. This Acknowledgment is made to confirm the City's receipt of the Notice (see "Exhibit A"), and that as a result of the Army's unilateral termination of the Agreement, the City agrees that the Agreement expired on May 24, 2024. II. This Acknowledgment is executed solely by the City, and does not require the signature, approval, or countersignature by the Army to be effective. t7FFICIAL RECC)RD CITY SECRETARY FT. WOF�TH, TX Contract Termination Page 1 of 3 This Acknowledgment is effective upon the dat f xecution by the City's duly authorized Assistant City Manager. CITY OF FORT WORTH By: `—� ��`"�_� Name: Jesica McEachern Title: Assistant City Manager CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 03/01 /2026 APPROVAL RECOMMENDED: By; �,��,.:z�z�,z,,z3�5T, Name: Lauren Prieur, P.E. Title: Director, Transportation & Public Works Department ATTEST: �a p4� FopT°��p v''f'o� �� 9d0 p �`o° �10 oo° � * ° �n� �� A ��: °°na nez as4a B : Y Name: Jannette S. Goodall Title: Ciry Secretary ��m .A��.�� By: Name: Juliana Andrews Title: Professional Engineer APPROVED AS TO FORM AND LEGALITY: By: Name Title: n�c. tce�,a�� ii M.KevinAnders.Il�Feb24.202613�.11:2 CST) M. Kevin Anders, II Assistant City Attorney �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Notice of Termination Contract Termination Page 3 of 3 �� F � � �� _ � a :�rylli` , M �^ 'rf°srnrrs os N''44 r Programs and Project Management Division Dana Burghdorff City of Fort Worth 200 TeXas Street Fort Worth, TX 76102 Dear Ms. Burghdorff, DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT P. O. BOX 17300 FORT WORTH, TEXAS 76102-0300 Apri124, 2024 We are returning the unused portion of funding provided by the City of Fort Worth for the Floodplain Management Services (FPMS) Sump Study project currently on Cost Share 548, Advance Account #685. The letter of agreement signed February 16, 2017, and amended on July 25, 2022, between the City of Fort Worth and the U.S. Army Corps of Engineers will be closed out effective Apri125, 2024. It was determined by our headquarters office that the additional scope did not meet the legal requirement for Section 206 of the Flood Control Act of 1960 extended services. We are no longer allowed to hold these funds in the advance account, or move these funds to the proposed Planning Assistance to States (PAS) project due to our inability to reach a mutually acceptable agreement and therefore, must initiate return unmediately. The remaining amount on the FPMS project is $95,104.02. A check or EFT transfer for the amount above will be sent by our Finance Center in Millington, TN. We will be in touch with the Transportation and Public Works Department, Stormwater Management, to discuss future opportunities within the FPMS and PAS programs. Thank you for helping us resolve this matter. Please contact me at (817) 886-1399 or lcathleen.m.spillane(a�usace.army.mil if you have any questions or concerns. Sincerely, � �, . �i �� . Kathleen M. Spillane Chief, Civil Programs and Project Management Branch M&C Review CITY� COUNCIL AGEND Create New From This M&C Page 1 of 2 Official site of the City of Fort Worth, Texas FO RT'��'0 RT H �"T,�- REFERENCE **M&C 22- 20SW CORPS OF ENGINEERS DATE: 2�22�2�22 NO.: 0119 LOG NAME: 2022 SUMP FLOODPLAIN ANALYSIS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 2, CD 3, CD 7, and CD 9) Authorize Execution of Modification 1 to the 2017 Letter of Agreement with the U.S. Army Corps of Engineers in the Amount of $100,000.00 to Analyze Additional Sump Floodplains 1:7X��]��il��il�►1�7_��[�7►F It is recommended that the City Council authorize sxecution of Modification 1 to the 2017 Letter of Agreement with the U.S. Army Corps of Engineers (CSC No. 48933) in the amount of $100,000.00 to analyze additional sump floodplains for a revised project expenditure of $200,000. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an amendment (Modification 1) for additional professional services to analyze aditional sump floodplains based on the 2017 Letter of Agreement with the U.S. Army Corps of Engineers (USACE) and the payment of funds in the amount of $100,000.00 to USACE to analyze additional sump floodplains. The original services in the amount of $100,000 were authorized by the City Council on 11/1/2016 (M&C C-27981). With this action, the total amount for the services provided under the Letter of Agreement will be $200,000.00. Sump floodplains are flood-prone areas typically found outside levee systems where stormwater runoff collects in low-lying areas when river elevations are high. The services provided will establish detailed base flood elevations for additional sump areas to facilitate flood resilient development, provide accurate flood insurance premiums, and assist with flood risk estimates. Unstudied sump floodplains along both the Clear Fork and West Fork of the Trinity River shown on the Federal Emergency Management Agency (FEMA) floodplain maps will be updated through this effort. The USACE prepared limited detail studies for these sump areas over 50 years ago, which lack the detail required to establish appropriate flood insurance premiums and flood risk estimates. The USACE is authorized to assist the City of Fort Worth through the Flood Control Act of 1960, and updating the existing studies is the most efficient process to revise the sump floodplains based on current development conditions. The original work defined by the 2017 Letter of Agreement was completed in 2019 and this revision adds additional study areas under the same technical scope. M/WBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. The program serves COUNCIL DISTRICTS 2, 3, 7, and 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as previously appropriated, in the Stormwater Operating Fund (52001). Prior to an expenditure being incurred, the Transportation & Public Works Department http://apps.cfwnet.org/council�acket/mc review.asp?ID=29671&councildate=2/22/2022 2/18/2026 M&C Review Page 2 of 2 has the responsibility to validate the availability of funds. TO �Fund Department � Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project � Program � Activity � Budget Reference #� Amount ID ID Year (Chartfield 2) Submitted for Citv Manaaer's Office bv: Oriainatinp Department Head: Dana Burghdoff (8018) William Johnson (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 2022 USACE SUMP FID TABLE-01.XLSX (CFW Internal) 20SW CORPS OF ENGINEERS 2022 SUMP FLOODPLAIN ANALYSIS funds availabilitv.adf (CFW Internal) 548 CSCR Chanqe Reauest FtWSumps Apri12021 SIGNED.pdf (Pub�ic) CSC 48933 Citv of Fort Worth Final LOA Sumps 29Aua2016.pdf (Public) Final LOA Mod Citv of Fort Worth Sump Studv.docx (Pub�ic) M&C Authorizinq Mod 1(dwbRL2.03.22).docx (CFW Internal) http://apps.cfwnet.org/council�acket/mc review.asp?ID=29671&councildate=2/22/2022 2/18/2026 FORT ��RTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: US Army Corps of Engineers, Fort Worth District Subject of the Agreement: Acknowledgment of Termination of Fort Worth City Secretary Contract Number 48933 M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C �nust be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the o�iginal contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 �/ If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No � If only specific info��nation is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the app�oval date. If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If�so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. FORTWORTH Routing and Transmittal Slip TPW Stormwater Manaqement DOCUMENT TITLE: Acknowledgement of Termination for USACE Sump Contract M&C: 22-0119 CPN CSO DOC Remarks: City's official termination of Sump Agreement with the Corps due to Corps not wanting to sign a termination contract and instead use their 04/24/2024 letter to document termination. DEPARTMENT 1.Juliana Andrews, PE, Contract Compliance Manager 2. Stephen Nichols-SWM Prog Mgr 3. Jennifer M. Dyke, Asst. Dir 4. Lauren Prieur, Dir. 5. Kevin Anders or Doug Black for Capital 6. Jesica McEachern 7. Katherine Cenicola 8. Jannette Goodall 9. Allison Tidwell TPW- Signature TPW- Initial TPW- Initial TPW- Signature Legal- Signature CMO- Signature Approver CSO- Signature Form Filler INITIALS DATE �� 02/18/2026 s,� 02/24/2026 �"" 02/24/2026 XXo 02/24/2026 �� 02/24/2026 '��r� �� 00 � � 03/01 /2026 03/02/2026 03/02/2026 03/04/2026 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 contact Juliana.Andrews(c�fortworthtexas.qov or 817-392-8792 when completed. Thank you.