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Home My WebLink About060023-A1 - General - Contract - Office of the Governor, Texas Military Preparedness CommissionCSC No. 60023 -Al FIRST AMENDMENT TO THE AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION CITY OF FORT WORTH DEAAG NO. 2023-01-04 This First Amendment ("First Amendment") to the Agreement for the Defense Economic Adjustment Assistance Grant that commenced October 9, 2023 (the "Agreement") is between the Office of the Governor, Texas Military Preparedness Commission ("OOG"), and City of Fort Worth ("Grantee"). The OOG and Grantee may be referred to in this First Amendment individually as a "Party" and collectively as the "Parties." Any terms used herein, but not defined herein, have the meanings set forth in the Agreement. WHEREAS, the Parties previously entered into the Agreement regarding the Defense Economic Adjustment Assistance Grant awarded to Grantee (the "Grant"); and WHEREAS, Grantee requested additional time to complete the project funded by the Grant due to unforeseen circumstances. NOW, THEREFORE, in consideration of the inducements, covenants, agreements, and conditions herein, the Parties hereby agree to amend the Agreement as follows: PART 1. CHANGE TO SECTION 2, TERM OF AGREEMENT The Parties agree to amend Section 2, Term of Agreement, to read as follows: SECTION 2. TERM OF AGREEMENT. The term of this Agreement shall begin on October 9, 2023 ("Effective Date"), and shall terminate on April 7, 2026, or upon the completion of the grant project as described herein, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of2 First Amendment to the DEAAG Agreement between the OOG & City of Fort Worth PART 2. CHANGE TO SECTION 7.3 The Parties agree to amend Section 7.3 to read as follows: 7.3. The OOG will not consider requests for the reimbursement of expenditures incurred by Grantee after April 7, 2026. The total amount already disbursed plus the amount requested shall not exceed the Maximum Amount of Grant set forth in Section 5 of this Agreement. PART 3. ENTIRE AGREEMENT. The entire agreement between the Parties consists of the provisions of this First Amendment and the remaining unchanged provisions of the Agreement. No prior agreement or understanding, oral or otherwise, of the Parties or their agents will be valid or enforceable unless embodied in these provisions. To the extent any conflict between this First Amendment and the Agreement exists, the terms of this First Amendment shall supersede and control over any prior or contemporaneous understandings, agreements, promises, representations, terms, and conditions, both oral and written. IN TESTIMONY HEREOF, Grantee and the OOG have executed this First Amendment to the Agreement for the Defense Economic Adjustment Assistance Grant, effective as of the date of the last signature below. OFFICE OF THE GOVERNOR CITY OF FORT WORTH Chief f aff or Designee "11141 wzs- Date Page 2 of 2 �6LiZRi BGtf `L,fiC Dana Burghdoll (1u 0, 2025 135 CDT Dana Burghdoff Assistant City Manager City of Fort Worth 07/10/2025 Date First Amendment to the DEAAG Agreement between the OOG & City of Fort Worth CSC No. 60023 DEAAG 2023-01-04 CITY OF FORT WORTH SIGNATURE PAGE: CITY OF FORT WORTH b41u1' ? By: Dana Burghdoff (Ju 0, 2025'2:35 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: 07/10/2025 APPROVAL RECOMMENDED: By: Name: Marilyn Marvin Title: Interim Property Management Director ATTEST: FFORT naC 000 okocao p°i., o9.ao } ova osa A t9 4c°cy4�za5o44 By: Name: Jannette S. Goodall Title: City Secretary 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. By: 6A -ow— 4'.• (1L.'Name: Brian R. Glass Title: City Architect APPROVED AS TO FORM AND LEGALITY: By: Stephen Hines (Jul 10, 2025 16:49 CDT) Name: Stephen Hines Title: Senior Assistant City Attorney CONTRACT AUTHORIZATION: M&C: M&C 23-0767 M&C Approved: 9/12/2023 Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 9/27/23, 10:58 AM M&C Review Official site of the City of Fort Worth, Tel'.- FOR CITY COUNCIL AGENDA II Create New From This M&C DATE: 9/12/2023 REFERENCE **M&C 23- LOG NAME: 21 FLIGHT LINE SECURITY NO.: 0767 IMPROVEMENTS PHASE 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Acceptance of a Grant from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program, in an Amount Up to $360,000.00 for Phase 2 of Flight Line Security Improvements, Authorize Execution of Funding Agreement with Naval Air Station Joint Reserve Base Fort Worth and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of a grant from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program, in an amount up to $360,000.00 for the design and construction of flight line security improvements; 2. Authorize the execution of funding agreement between the City of Fort Worth and Naval Air Station Joint Reserve Base Fort Worth; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the amount up to $360,000.00, subject to receipt of the grant, for the purpose of funding flight line security improvements at Naval Air Station Joint Reserve Base Fort Worth. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize acceptance of a grant from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program (DEAAG), in an amount up to $360,000.00 for Phase 2 of the design and construction of flight line security improvements at the Naval Air Station Joint Reserve Base Fort Worth (NAS JRB) and execute a funding agreement with NAS JRB. A security assessment at NAS JRB identified the need for increased security to the flight line, where aircraft are parked and serviced. On May 11, 2023, City Council authorized acceptance of a $350,000.00 grant from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program for flight line security improvements and authorized the execution of funding agreement between the City of Fort Worth and Naval Air Station Joint Reserve Base Fort Worth (M&C 23-0282). This grant will fund Phase 2 of the recommended security systems. This project will include gates, adjacent fence improvements, access controls, and associated IT system upgrades. It is anticipated that there will be a final Phase 3 grant. NAS JRB will be responsible for managing the design, construction and future maintenance of the project. The City and NAS JRB will enter into a funding agreement to govern the transfer of grant funds. The state already awarded the City $350,000.00 in DEAAG funds, and with the acceptance of an additional $360,000.00, for a total of $710,000.00 that will be sent to the City through quarterly reimbursement requests. NAS JRB has committed to providing $352,000.00 in Department of Defense funds toward the project. NAS JRB will be responsible for all cost overruns or additional funds required to complete the project. In order for NAS JRB to execute the construction contract, it is required that the funds to be transferred to them at the start of the project, prior to the City receiving reimbursements. The funding agreement will also dictate the requirements of NAS JRB to report back to the City, so the apps.cfwnet.org/council_packet/mc_review.asp?ID=31393&counciIdate=9/12/2023 1/3 9/27/23, 10:58 AM M&C Review City can make its reimbursement requests for the $710,000.00 of grant funds related to Phase 1 and Phase 2. Since no City salaries will be charged, indirect cost recovery does not apply. The total current project funding is illustrated in the table below: Grant Contributor Fund Project Authority Amount Name I Name 10 05 13 DEAAG Grants DEAGG M&C 23- Grant (Phase Operating Grant- $350,000.00 1) State Fund Flight 0282 Line Sec. 105013 T DEAAG Grants DEAGG Grant Operating Grant- This M&C $360,000.00 (Phase 2) State Fund Flight Line Sec. NAS JRB P Department N/A N/A N/A $352,000.00 of Defense 105013 — DEAAG Grants DEAGG Future Not Yet Grant Operating Grant- M&C Determined (Phase 3) State Fund Flight I Line Sec. Total To Date r $1,062,000.00 Business Equity: Compliant to the Ordinance, a business equity goal is not established on federally - funded projects except where the City is mandated to set goals by state or federal requirements. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating State Fund. The Property Management Department (and Financial Management Services) are responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) Fund Department Account Project ID ID Submitted for City Manager's Office by Program ' Activity I Budget I Reference # Year (Chartfield 2) Dana Burghdoff (8018) Amount Originating Department Head: Ricky Salazar (5134) apps.cfwnet.org/council_packet/mc_review.asp?ID=31393&counciIdate=9/12/2023 2/3 9/27/23. 10:58 AM M&C Review Additional Information Contact: Brian Glass (8088) ATTACHMENTS DEAAG Flight Line Security Improvements Phase 2 FID TABLE.XLSX (CFW Internal) ORD.APP 21 FLIGHT LINE SECURITY IMPROVEMENTS PHASE 2 21001 AO23(r3).docx (Public) Signature: Email: allison.tidwell@fortworthtexas.gov apps.cfwnet.org/council_packet/mc_review.asp?ID=31393&counciIdate=9/12/2023 3/3 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Office of the Governor Subject of the Agreement: Extension to the Agreement for the Defense Economic Adjustment Assistance Grant. M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 0 No 0 60023 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 10/9/2023 If different from the approval date. Expiration Date: 4/7/2026 If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No 0 Contracts need to be routed for CSO processing in the following 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.