R2003-0113 08-11-03 RESOLUTION NO. R2003-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A CONTRACT AMENDMENT WITH DON WARD AND
ASSOCIATES FOR DEVELOPMENT OF A FLOOD MITIGATION PLAN.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract amendment by and between the City of Pearland
and Don Ward and Associates, a copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract amendment with Don Ward and Associates, for
August
development of a Flood Mitigation Plan.
PASSED, APPROVED and ADOPTED this the 11th day of
A.D., 2003.
TOM REID
MAYOR
ATTEST:
ry SE~ETARY .'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
"Ownership of Documents Clause"
The Texas Water Development Board (TWDB) and FEMA shall have unlimited fights to
technical or other data resulting from the performance of services under this contract. It
is agreed that all reports, drafts of reports, or other material, data, drawings, computer
programs and codes associated with this contract and developed by the Consultant shall
become the joint property of the Consultant, the City, TWDB, and FEMA. These
materials shall not be copyrighted or patented by the Consultant unless the EXECUTIVE
ADMINISTATOR of TWDB approves in writing the fight to establish copyright or
patent; provided, however, that copywfiting or patenting by the Consultant will in no way
limit TWDB's or FEMA's access to or fight to request and receive or distribute data and
information obtained or developed pursuant to this contract. Any material subject to
TWDB or FEMA copyright and produced by the Consultant, TWDB, or FEMA pursuant
to this contract may be printed by the Consultant, or TWDB at their own cost and
distributed by either at their discretion. The Consultant may otherwise utilize such
material provided under this contract as it deems necessary and appropriate, including the
fight to publish and distribute the materials or any parts thereof under its own name,
provided that any TWDB or FEMA copyright is appropriately noted on the printed
materials.
Agreement for Personal Services
State of Texas
City of Pearland
This agreement is made and entered into by and between the City of Pearland, a body corporate and political
" i "
under the laws of the State of Texas, hereinafter referred to as the Cty, and Donald R. Ward & Associates,
hereinafter referred to as the "Consultant".
Job Description: Expansion of the Flood Mitigation Plan to include Comprehensive Hazard Mitigation
Plan requirements.
Primary Purpose: According to the Disaster Mitigation Act of 2000 (Public Law 106-390), an approved
Comprehensive Hazard Mitigation Plan is required for a community to receive future federal shares of
hazard mitigation funds. The City of Pearland understands the importance of hazard mitigation
planning and, as such, would like to develop a plan to increase its' preparedness levels. Through
increased mitigation efforts, the City plans to reduce the tremendous costs associated with response
and recovery efforts following disasters. The City of Pearland has received an FMA planning grant to
development a flood mitigation plan. The purpose this contact is to expand the Flood Mitigation Plan to
include alt hazard
II. Scope of Work:
1. Coordination & Project
Management
1 .a. Organize to Coordinate the proposed planning effort with The City of Pearland Project Manager.
prepare the plan
The City of Pearland can take advantage of coordination meetings held by local Drainage
1 .b. Coordinate with Districts, the Association of Municipal Consulting Engineers (ACME), Gulf Coast
other Agencies Emergency Management Association, and others. The recommended coordination effort
will be itemized so it can be incorporated into the current The City of Pearland
coordination activities.
2. Public Participation 3.a. Documents will be prepared to brief the public at future Council Meetings to involve
the public in the planning process and to establish a method for the public to provide
input into the planning process.
3.b. A Comprehensive Hazard Management Plan Questionnaire will be prepa.red that
can be distributed to the public either by direct mail or distributed at Council Meetings.
3. Hazard Assessment
3.a. Assess the Collect and incorporate previous City :of pearland hazards information that may be
Hazard available. Include map and description of known flood hazards and/or repetitive loss
areas, and discuss past floods. Include a map and description of other hazards.
The plan will discuss the number and type of buildings subject to the hazards identified in
3.b. Assess the the hazard assessment. It will also discuss:
Problem
· The impact of flooding on buildings, infrastructure, and public health and safety;
· The need and procedures for warning and evacuating residents and visitors;
· Critical facilities, ~uch as hospital~, fire station~, and chemical storage
companies;
· Areas that provide natural and beneficial functions, such as wetlands;
· Development trends and what the future brings for development and
redevelopment in the floodplain, the watershed, and natural resource areas; and
Impact of flooding and other hazards on the community and its economy.
4. Goals of Program The plan will include a statement of The City of Pearland floodplain management
program and other hazard mitigation goals.
5. Possible Alternatives The plan will describe all potential mitigation activities that were considered and note why
they are or are not recommended.
6. Action plan The action plan will specify activities appropriate to the community's resources, flood
hazard, and venerable properties. It will recommend who will do what, and how it will be
financed.
7.Prepare Document
7.a. Review and Hold public meetings to review the Flood Mitigation Plan and incorporate relevant
revise draft plan comments.
7.a. Adopt the Plan Council approves and adopts the plan.
The plan will show The City of Pearland's procedures for monitoring implementation,
7.b. Implement,
evaluate, and revise reviewing progress, and recommending revisions to the plan in an annual evaluation
the plan report.
Submit the plan to FEMA for Submit the plan to State - FEMA approval.
approval
Term of Agreement: This contract is terminable at the will of either party.
Compensation: The contractor will expand the Flood Mitigation Plan to include HMGP Comprehensive
Plan requirements based on the following task and cost breakdown:
Insurance: The consultant will maintain Liability Insurance in an amount not less than the value of this
contract. Evidence of said insurance to be provided by the consultant to the City upon request. (Please
note the consultant currently carries Liability insurance in the amount of $500,000.)
Task and Expense Budget
Task Description Total Labor Travel Supplies
Task I Coordination & Project Management $ 2,120 $1,665 $455 $
~Task2' Public Participation $ 1,789 $1,289 $ $ 500
Task 3 Hezard Assessment $ 1,867 $1,412 $ 455 $
Task 4 Goals of Program $ 906 $ 906 $ $
.... $ 906 $ 906 $ - $
Task 5 Possible Alternatives
Task 6 Action Plan $ 759 $ 759 $ - $
Task 7 Prepare Document $ 1,7~1.4 $1,214 $., $ 500
Total $ 10,060 $8,150 $910 $ 1,000
VI.
VII.
The City will provide space and neCessary equipment for on-site work in connection with the project. The
above costs include all direct cost, overhead, profit, travel and other miscellaneous costs. Consultant will
invoice the City for services as hours and costs are incurred. Checks made payable to Donald R. Ward &
Associates at 5807 Charlton Way, Naples, FL 34119.
The Consultant will bill the City only for costs eligible for reimbursement under the City of Pearland's PDM
grant contract. Any costs reimbursed to the Consultant found to be ineligible under the PDM grant will be
the responsibility of the Consultant.
Consultant will deliver a Mitigation Plan that meets HMGP and FEMA comprehensive plan requirements.
PASSED AND APPROVED this day of ,2002.
CONSULTANT
CITY OF PEAR~