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Home My WebLink AboutPR 22135: AUTHORIZING THE CITY MANAGER TO AMEND THE 2018 BROWNFIELDS GRANT AGREEMENT City of nrr rthur Texas INTEROFFICE MEMORANDUM Date: September 28, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Pam Langford, Development Services Manager RE: P. R. # 22135 Introduction: The intent of this Agenda Item is to authorize the City Manager to amend the 2018 Brownfields agreement with the Environmental Protection Agency. The amendment will extend the contract expiration date from September 30, 2021,to September 30, 2022, and transfer$8,926.42 from the travel and supply budgets to the contractual budget. The budget transfer and contract extension would allow Stanley Consultants to complete one additional Environmental Site Assessments. Background: Resolution number 18-204 authorized the City Manager to accept the 2018 Brownfields Assessment Grant for$300,000.00 The Assessment grant provides funding for the City to inventory, characterize, assess, and conduct planning and community involvement related to Brownfields sites. Stanley Consultants has completed the following Environmental Assessments: Site Assessed with Grant Funds Site Name Site Address Assessment Type Year Assessed Site Info In ACRES (Property ID) Former Hotel Sabine 600 Procter Street Phase I ESA 2019 14787 Former Quality 1332 Rev. Ransom Phase I ESA 2020 243716 Freezers, Inc. Howard Street Former Quality Ice 1310 Rev. Ransom Phase I ESA 2020 243717 Company Howard Former Quality 1348 Rev. Ransom Phase I ESA 2020 243713 Freezers, Inc. Howard Former Trahan 1632 Rev. Ransom Phase I ESA 2020 243729 Howard Former Davis 1637 6 Street Phase I ESA 2020 243731 Former Campbell 220 Rev. Ransom Phase I ESA 2020 243719 Howard Former Alexis 235 6 Street Phase I ESA 2020 243723 Former Guidry 616 Houston Avenue Phase I ESA 2020 243726 Former Bass 624 Houston Avenue Phase I ESA 2020 243725 Former Tom's 638 Procter Street Phase I ESA 2020 243728 Smokehouse Former Paint Store 648 Procter Street Phase I ESA 2020 243727 and Auto Repair Shop Former Hotel Sabine 600 Procter Phase II ESA 2020 14787 Former Sharpe 343 Procter Phase I ESA 2021 ??? Budget Impact: The budget transfer will close out the travel and supply line items and increase the Contractual budget from $290,000.00 to $298,926.42. Recommendation: The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to amend the 2018 Brownfields contract. P. R. # 22135 09/08/2021 M. Essex Page 1 RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE 2018 BROWNFIELDS GRANT AGREEMENT. THE AMENDMENT INCLUDES EXTENDING THE COOPERATIVE AGREEMENT EXPIRATION DATE FROM SEPTEMBER 30, 2021, TO SEPTEMBER 30, 2022, AND TRANSFERRING THE REMAINING $8,926.42 IN THE TRAVEL AND SUPPLY BUDGET TO THE CONTRACTUAL BUDGET. WHEREAS, Resolution#18-204 authorized the City Manager to accept the 2018 Brownfields Assessment Grant for$300,00.00; and, WHEREAS,the Assessment provides funding for the City to inventory, characterize, and assess, and conduct planning and community involvement related to Brownfields sites; and, WHEREAS, a total of Thirteen(13) Phase I and one(1) Phase II Environmental Assessments are completed; and, WHEREAS,the budget transfer and contract extension(see Exhibit 1 from EPA that approves the contract amendment) would allow the consultant to complete one additional Environmental Site Assessments; and, WHEREAS, the budget transfer will close-out the travel and supply line items and increase the Contractual budget from $290,000.00 to $298,926.42; and, WHEREAS,the City Council is required to designate an official to sign all documents in connection with contract amendment; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager is authorized to execute the contract amendment. P. R. #22135 09/08/2021 M. Essex Page 2 THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of A. D., 2021 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR NOES: Thurman "Bill" Bartie. Mayor ATTEST: SHERRI BELLARD CITY SECRETARY APP OVED F R FORM: V - 6 VAL TIZENO CITY ATTORNEY P. R.#22135 09/08/2021 M. Essex Page 3 APPROVED FOR ADMINISTRATION: RON BURTON, CITY MANAGER APPROVED FOR AVAILABILITY OF FUNDS: co... , KANDY D NIEL ACTING FINANCE DIRECTOR S:\grants2\2018 Brownfields\Resolution\Reprogram funds.docx EXHIBIT 1 BF-01F48001-1 Page 1 ,SED S? GRANT NUMBER(FAIN): 01F48001 oa Fs MODIFICATION NUMBER: 1 DATE OF AWARD i Q '>,, U.S. ENVIRONMENTAL PROGRAM CODE: BF 09/08/2021 PROTECTION AGENCY TYPE OF ACTION MAILING DATE y No Cost Amendment 09/08/2021 `& c��o Assistance Amendment PAYMENT METHOD: ACH# PROM PEND RECIPIENT TYPE: Send Payment Request to: Municipal Research Triangle Park Finance Center RECIPIENT: PAYEE: City of Port Arthur City of Port Arthur 444 4th St. 444 4th St. Port Arthur,TX 77640-6450 Port Arthur,TX 77640-6450 EIN: 74-6001885 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Mary E.Essex Michael Kennedy Lisa Kapsh 444 4th St. 1201 Elm Street,Suite 500,LCRRB Mission Support Division,MSDCA Port Arthur,TX 77640-6450 Dallas,TX 75270-2102 1201 Elm Street,Suite 500 E-Mail: mary.essex@portarthurtx.gov E-Mail: Kennedy.Michael@epa.gov Dallas,TX 75270-2102 Phone: 409-983-8251 Phone: 214-665-7125 E-Mail: Kapsh.Lisa@epa.gov Phone: 214-665-7335 PROJECT TITLE AND EXPLANATION OF CHANGES Port Arthur FY18 Brownfields Assessment Grant This amendment is a budget revision moving funds from Travel and Supplies to Contractual and a no cost time extension through 9/30/2022,at no additional cost to the government. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 06/11/2018-09/30/2022 06/11/2018-09/30/2022 $300,000.00 $300,000.00 NOTICE OF AWARD Based on your Application dated 11/15/2017 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$0.00.EPA agrees to cost-share 100.00%.of all approved budget period costs incurred,up to and not exceeding total federal funding of$300,000.00. Recipient's signature is not required on this agreement.The recipient demonstrates its commitment to carry out this award by either:1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award,the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date.In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk.This agreement is subject to applicable EPA regulatory and statutory provisions,all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS Acquisition and Assistance Section U.S.EPA, Region 6, Land,Chemical Redevelopment Division 1201 Elm Street,Suite 500 R6-Region 6 Dallas,TX 75270-2102 1201 Elm Street,Suite 500 Dallas,TX 75270-2102 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Lisa Kapsh-Grant Management Specialist DATE 09/08/2021 t3F-01F48001-1 Page 2 EPA Funding Information FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $300,000 SO S300,000 EPA In-Kind Amount SO SO SO Unexpended Prior Year Balance SO $0 $0 Other Federal Funds $0 $0 SD Recipient Contribution $0 SO SO State Contribution SO SO SO Local Contribution SO SO $0 Other Contribution SO $0 $0 Allowable Protect Cost $300,000 SO $300,000 Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.818-Brownfields Assessment and Cleanup CERCLA:Sec. 104(k)(2),Consolidated 2 CFR 200. 2 CFR 1500 and 40 CFR 33 Cooperative Agreements Appropriations Act of 2018(P.L. 115-141) BF-01 F48001-1 Page 3 Budget Summary Page Table A-Object Class Category Total Approved Allowable (Non-Construction) Budget Period Cost 1.Personnel SO 2.Fringe Benefits SO 3.Travel $1.074 4.Equipment SO 5.Supplies S0 6.Contractual $298,926 7.Construction SO 8.Other SO 9.Total Direct Charges S300,000 10.Indirect Costs:0.00% Base null SO 11.Total(Share: Recipient 0.00%Federal 100.00%) $300,000 12.Total Approved Assistance Amount $300,000 13.Program Income SO 14.Total EPA Amount Awarded This Action SO 15.Total EPA Amount Awarded To Date S300,000 BF-01F48001-1 Page4 Administrative Conditions EXCEPT AS PROVIDED HEREIN,ALL TERMS AND CONDITIONS OF THE BASIC ASSISTANCE AGREEMENT,INCLUDING PRIOR AMENDMENTS,REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. BF-01 F48001 -1 Page 5 Programmatic Conditions EXCEPT AS PROVIDED HEREIN,ALL TERMS AND CONDITIONS OF THE BASIC ASSISTANCE AGREEMENT,INCLUDING PRIOR AMENDMENTS,REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.