HomeMy WebLinkAboutContract 25918 CITY SECRETARY Q
CONTRACT NO. D
X-98648701 -0 Page 1
.at U.S. ASSISTANCE ID NO.
SENVIRONMENTAL PRG DOC ID JAMEND# DATE OF
PROTECTION AGENCY X - 98648701 - 0 fAY 2 " 0
�, J� TYPE OF ACTION MAILING DATE
'I New
Cooperative Agreement PAYMENT METHOD: #
kloweAdvance
RECIPIENT TYPE: Send Payment Request to:
Municipal Jerri Englerth(6MD-RX)
RECIPIENT: PAYEE:
City of Fort Worth Texas City of Fort Worth Texas
1000 Throckmorton St. 1000 Throckmorton St.
Fort Worth,TX 76102 Fort Worth,TX 76102
EIN: 75-6000052
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Vicki Stokes Sylvia Ritzky Jeraldine Englerth
1000 Throckmorton St.
Fort Worth,TX 76102 E-Mail:
E-Mail: E-Mail: Phone:214-665-7402
Phone:817-561-3704 Phone:214-665-8189
PROJECT TITLE AND DESCRIPTION
City of Fort Worth Mitigation Options for Urban Lakes Affected by Legacy Pollutants
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST
05/23/2000 - 04/05/2003 05/23/2000 - 04/05/2003 $500,000.00 $500,000.00
NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed
below,within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal
or failure to return the properly executed document within the prescribed time,may result in the withdrawal of the offer by the
Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official,
which the Award Official determines to materially alter the Agreement,shall void the Agreement.
OFFER AND ACCEPTANCE
The United States,acting by and through the U.S.Environmental Protection Agency(EPA),hereby offers
Assistance/Amendment to the City of Fort Worth Texas for 95.00 %of all approved costs
incurred up to and not exceeding 5475.000 for the support of approved budget period effort described in application
(including all application modifications)cited in the Project Title and Description above,signed 02/21/2000
included herein by reference.
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS
Fountain Place U.S. EPA,Region 6
1445 Ross Avenue
Dallas,TX 75202-2733
THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY
IGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
William Hathaway,Director;Water Quality Protection Division(6WQ)
This agreement is subject to applVable U.S.Environmental Protection Agency statutory provisions and assistance regulations. In
accepting this award or amendment and any payments made pursuant thereto,(1)the undersigned represents that he is duly
authorized to act on behalf of the recipient organization,and(2)the recipient agrees(a)that the award is subject to the applicable
provisions of 40 CFR Chapter 1,Subchapter B and of the provisions of this agreement(and all attachments),and(b)that
acceptance of any payments constitutes an agreement by the payee that the amounts,if any found by EPA to have been overpaid
will be refunded or credited in full to EPA.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE TYPED NAMIE AND TITLE DATE
Charles Boswell,Assistant City Manager cc— �o L/06
4fprava ks +° °rte Contract Authorization
ATTESTED BY
Ass ,4 t ,-h r A �"`�7 Date
My NIC'My
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EPA Funding Information x-98648701 -0 Page 2
FUNDS FORMER AWARD I THIS ACTION I AMENDED TOTAL
EPA Amount This Action $ $475,000 $475,000
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $25,000 $25,000
State Contribution $ $ $0
Local Contribution $ 1 $ $0
Other Contribution $ $ $01
Allowable Project Cost $0 $500'000
500,000 $500,000
Assistance Program(CFDA) Statutory Authority Regulatory Authority
66.606-Surveys-Studies-Investigations-Specl Appropriations Act of 2000(P.L. 106-74) 40 CFR PART 31
Fiscal
Site Name DCN I FY I Approp. Budget PRC Object Site/Project Cost Oblig7ga
Code Organization Class Organization Deobli
KGR004 0001 B 06KOAUY 20302B 4183 - 475000
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X-98648701 -0 Page 3
Budget Summary Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $111,848
2.Fringe Benefits $9,528
3.Travel $3,800
4.Equipment $23,000
5.Supplies $25,000
6.Contractual $295,849
7.Construction $0
8.Other $12,789
9.Total Direct Charges $481,814
10.Indirect Costs: 18.87% Base $18,186
11.Total(Share: Recipient 5.00% Federal 95.00%.) $500,000
12.Total Approved Assistance Amount $475,000
13.Program income $0
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X-98648701 -0 Page 4
Administrative Conditions
This Assistance Agreement is awarded in accordance with the Federal Grants and Cooperative
Agreement Act of 1977. Areas of substantial EPA involvement, beyond the normal exercise of
performance evaluation and program review, have been detailed in specific output objectives
which resulted from negotiation between EPA and the recipient. These areas are included in the
application for this award and have become a part of this Agreement.
1. The recipient covenants and agrees that it will expeditiously initiate and timely complete the
project work for which assistance has been awarded under this Agreement, in accordance
with all applicable provisions of 40 CFR Chapter 1, Subchapter B. The recipient warrants,
represents, and agrees that it and all its contractors, employees and representatives, will
comply with all APPLICABLE provisions of 40 CFR Chapter 1, Subchapter B,
INCLUDING BUT NOT LIMITED TO the provisions of 40 CFR Parts 31, 32, 34, and
35. This award may be reduced or terminated at such time the recipient fails to comply with
the program objectives, grant award conditions, or Federal reporting requirements.
2. Recipient standards of administration, property management, procurement and financial
management, as well as records and facilities of recipients, their contractors and
subcontractors are subject to audit and inspection by the Comptroller General of the United
States and the U.S. Environmental Protection Agency in accordance with Office of
Management and Budget (OMB) Circulares A-87, A-102, A-110 and 40 CFR Part 31. The
recipient's standards governing procurement will be in accordance with 40 CFR, Part 31.36
and OMB Circular A-102. The recipient shall maintain a financial management system
which meets the requirements of 40 CFR Part 31.20.
3. In accordance with the requirements contained in Section 6002 of the Resources
Conservation and Recovery Act(RCRA), 42 USC 6962, the recipient is required to purchase
items containing recovered materials. These requirements apply when the recipient
purchases more than $10,000 each Fiscal Year of any item covered by the following
procurement guidelines including: paper and paper products (40 CFR Part 250); lubricating
oil containing re-refined oil (40 CFR Part 252); retread tires (40 CFR Part 253); building
insulation products (40 CFR Part 248) and cement and concrete containing fly ash(40 CFR
Part 249). EPA publication PROCUREMENT GUIDELINES FOR GOVERNMENT
AGENCIES dated December, 1990 (EPA/530-SW-91-011) provides specific
recommendations for the implementation of these requirements.
4. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled
paper for all reports which are prepared as a part of this Agreement and delivered to EPA.
This requirement does not apply to standard forms which are printed on recycled paper when
available through the General Services Administration.
5. In accordance with 40 CFR Part 31.41, the recipient shall submit an annual Financial
Status Report (FSR), Standard Form 269 or 269A, to:
Grants Team (6MD-RX)
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U. S. Environmental Protection Agency, Region 6
1445 Ross Avenue
Dallas, Texas 75202-2733
The final Financial Status Report (FSR) is due on or before 90 days after the end of the
budget period. In accordance with Agency policy, all project expenditures reported by the
recipient shall be deemed to include both the Federal and recipient share of the expenditures.
6. The recipient agrees to ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds, complies with the Hotel and Motel Fire Safety
Act of 1990.
7. Under the Paperwork Reduction Act of 1980, Office of Management and Budget (OMB)
clearance must be obtained prior to collecting information from 10 or more persons and will
use EPA's name while collecting the information under this project. The term "person"
means an individual, partnership, association, corporation, business, trust, or legal
representative, an organized group of individuals, a State, territorial, or local government or
branch thereof, or a political subdivision of a State, territory, or local government or a branch
of a political subdivision. The EPA Project Officer is responsible for requesting clearance
from OMB.
8. The Federal share of allowable expenditures chargeable to this Agreement will be financed
by the ADVANCE PAYMENT METHOD in accordance with 40 CFR Part 31.21 or 30.22
as applicable. The recipient shall request payments on the enclosed Standard Form 270,
Request for Advance or Reimbursement. As the recipient incurs expenditures under this
Agreement, the recipient may submit a request for payment monthly,but shall submit
requests at least quarterly. These requests will report cumulative expenditures incurred under
the Agreement. EPA will make payments for allowable expenditures at the ratio shown in
the latest Agreement.
9. QUALITY ASSURANCE PROJECT PLAN (QAPP) - Sixty days prior to the initiation
of any environmental measurements or data generation,the recipient shall submit to the
EPA Project Officer, for review and approval, a written Quality Assurance Project Plan
(QAPP) for this grant project. The QAPP shall comply with the guidelines specified in the
document entitled "EPA Requirements for Quality Assurance Project Plans for
Environmental Data Operations", EPA QA/R5. If any change is required after EPA approval,
the recipient must notify the Project Officer immediately and request approval for the change
prior to implementation. At the end of each Federal Fiscal Year, September 30, the grantee
shall certify in writing to the EPA Project Officer that the QAPP is current, and include a
copy of the recipient's new approval pages for the QAPP.
Any costs for environmental measurements or data generation incurred prior to
approval of the Quality Assurance Project Plan by the EPA Project Officer will be
ineligible for reimbursement.
10. The recipient agrees to comply with the requirements of EPA's Program for Utilization of
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Small, Minority and Women's Business Enterprises in procurement under assistance agreements:
a. The recipient accepts the applicable FY 2000 Minority Business Enterprise (MBE)/Women's
Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by the Texas
Natural Resource Conservation Commission as follows:
MBE: CONSTRUCTION 0%; SUPPLIES 5%; SERVICES 8.4%;EQUIPMENT 5%
WBE: CONSTRUCTION 0%; SUPPLIES 7.6%; SERVICES 11.6%; EQUIPMENT 7.6%
If the recipient wishes to negotiate their own FY 2000 MBE/WBE goals, the recipient must
submit proposed MBE/WBE goals based on an availability analysis, or, at their option, a
disparity study, of qualified MBEs and WBEs to do the work in the relevant market for
construction, services, supplies and equipment. The recipient agrees to submit proposed "fair
share" objectives, together with the supporting availability analysis or disparity study, to the
Regional MBE/WBE Coordinator within 30 days of award. EPA will conclude "fair share"
negotiations within 30 days of receiving the submission. Once EPA approves the objectives,
the recipient agrees to apply them in accordance with paragraphs 1.(b)-(f).
b. (1) The recipient agrees to ensure, to the fullest extent possible, that at least the applicable
"fair share" objectives of Federal funds for prime contracts or subcontracts for supplies,
construction, equipment or services are made available to organization owned or controlled
by socially and economically disadvantaged individuals, women and Historically Black
Colleges and Universities.
(2) For assistance agreements related to research under the Clean Air Act Amendments of
1990, the recipient agrees to ensure, to the fullest extent possible, that at least the applicable
"fair share" objectives of Federal funds for prime contracts or subcontracts for supplies,
construction, equipment or services are made available to organizations owned or controlled
by socially and economically disadvantaged individuals, women, disabled Americans,
Historically Black Colleges and Universities, Colleges and Universities having a student
body in which 40% or more of the students are Hispanic, minority institutions having a
minority student body of 50% or more, and private and voluntary organizations controlled by
individuals who are socially and economically disadvantaged.
c. The recipient agrees to include in its bid documents the applicable "fair share" objectives and
require all of its prime contractors to include in their bid documents for subcontracts the
negotiated "fair share" percentages.
d. The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR,
Section 30.44(b), 40 CFR Section 31.36(e), or 40 CFR Section 35.6580, as appropriate, and
retain records documenting compliance.
e. The recipient agrees to submit an EPA form 5700-52A "MBE/WBE Utilization Under
Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the
Federal fiscal year quarter the recipient receives the award and continuing until the project is
completed. These reports must be submitted to the Regional MBE/WBE Coordinator within
30 days of the end of the Federal Fiscal quarter(January 30, April 30, July 30, and October
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30). For assistance awards for continuing environmental programs and assistance awards
with institutions of higher education, hospitals and other non-profit organizations, the
recipient agrees to submit an EPA form 5700-52A to the Regional MBE/WBE Coordinator
by October 30 of each year.
f. If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the
recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans
to take to more closely achieve the "fair share" objectives.
11. The recipient also agrees and is required to utilize the six affirmative steps if a contract is
awarded under this agreement relative to small businesses in rural areas (SBRAs) in
compliance with Section 129 of Public Law 100-50, 40 CFR Section 30.44(b) and 40 CFR
Section 31.36(e).
12. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the
recipient fails to comply with the MBE/"E terms and conditions.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
<� �? REGION 6
$ < 1445 ROSS AVENUE,SUITE 1200
Z�F �o� DALLAS,TX 75202-2733
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CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Charles R. Boswell
Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
RE: City of Fort Worth Mitigation Options for Urban Lakes Affected by Legacy Pollutants
Assistance Agreement No. X-986487-01-0
Dear Mr. Boswell:
I am pleased to advise you that your application and work plan for Federal assistance in
support of the referenced program have been approved. The amount offered is $475,000, subject
to the terms and conditions of the award.
To complete this award, please sign and date both copies of the enclosed Cooperative
Agreement. Retain one original for your file and return one original directly to Jerri Englerth,
Management Division (6MD-RX)within three (3) calendar weeks after receipt. We suggest that
you send this document by Certified Mail.
Thank you for your efforts in this vital area of environmental protection within the State
of Texas.
Sincerely yours,
William B. Hathaway
Director
Water Quality Protection Division
Enclosure
cc: Honorable George W. Bush, Governor of Texas
Internet Address(URL)• http://Www.epa.gov
Recycled/Recyclable•Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 25%Postconsume)
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City of Fort Worth, Texas
"anor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/15/00 **G-12411 52LAKES 1 of 2
SUBJECT GRANT APPLICATION FOR URBAN LAKES POLLUTANTS PROJECT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, a grant from the U. S.
Environmental Protection Agency (EPA) in the amount of $475,000 for Mitigation Options for Urban
Lakes Affected by Pollutants; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations up to
$475,000 in the Grants Fund, subject to receipt of the funds; and
3. Authorize in-kind contributions in the amount of $25,000 from General Fund salaries over the three
year period of the grant; and
4. Accept indirect costs at a rate of 18.87% of salaries, which is the current approved rate for the
Department of Environmental Management. The indirect costs to be collected total $20,512 over
the life of the grant.
DISCUSSION:
The EPA has funds available for implementing a study of the options for mitigating the effects of
pesticides such as Chlordane, DDT, Dieldrin, and PCBs that have accumulated in sediments and fish in
small urban lakes.
The Clean Water Act (CWA) requires states to identify waters that do not meet or are not expected to
meet applicable water quality standards. Five water bodies within the Fort Worth City limits are included
in the Texas list published in December, 1999. Two Trinity River segments and three City park lakes,
Fosdic Lake (aka Oakland Lake), Echo Lake and Lake Como were included on the list due to elevated
levels of selected pollutants (pesticides and/or PCBs) in fish tissue.
The Department of Environmental Management (DEM) proposes to utilize this federal funding to
determine if there are cost effective options to return the urban lakes affected by these legacy pollutants
to fishable conditions. The City project will supplement and expand upon a joint project by the Texas
Natural Resource Conservation Commission (TNRCC) and the United States Geological Survey (USGS).
The TNRCC and USGS joint project describes historical trends in the occurrence of selected pollutants
and determines the extent of current input.
City of Fort Worth, Texas
"Anon And Council Communication
DATE REFERENCE NUMBER NAME PAGE
2/15/00 **G-12811-7—
*G-12811 LOG 52LAKES 2 of 2
SUBJECT GRANT APPLICATION FOR URBAN LAKES POLLUTANTS PROJECT
The funds received will be expended for one full-time position and consultants or other professional
entities to complete a study evaluating the cost and effectiveness of potential best management
practices (BMPs) such as the use of high-efficiency street sweepers, storm drain system cleaning,
erosion control measures for re-development construction sites, focused watershed education and
pollutant collection programs, sedimentation and filtration structural controls and lake dredging. Other
measures include sample collection, soil coring activities, a global positioning system (GPS) and field
use pen tablets. Expected costs include establishment of an atmospheric deposition monitoring site in
Fort Worth to track mercury concentrations in rainwater.
The proposed grant, if awarded to the City of Fort Worth, will be for a three-year period with the terms
specified in the grant. The three-year grant period officially begins on the award date. A tentative
schedule for the funding period is March 31, 2000, through March 30, 2003.
No City funds will be expended before the grant is received.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, adoption of the
attached appropriations ordinance and receipt of the grant, funds will be available in the current
operating budget, as appropriated, of the Grants Fund.
CB:j
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR76 451314 052214622000 $475,000.00 NROVED
Charles Boswell 8511 GR76 5(various) 052214622010 $475,000.00 CITY COUNCIL Originating Department Head: l
Brian Boerner 8079 (from) FEB 15 7000
Additional Information Contact: "' ~`w'�
Searetsty of the
Brian Boerner 8079 Citi at Fo=t Rfoxth.
Adopted Resolution No. 0