R2010-036 - 2010-03-22 RESOLUTION NO. R2010 -36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE
HARRIS COUNTY FLOOD CONTROL DISTRICT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Memorandum of Understanding by and between the City
of Pearland and the Harris County Flood Control District, 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 Memorandum of Understanding with the Harris County
Flood Control District.
PASSED, APPROVED and ADOPTED this the 8 day of March, A.D., 2010.
TOM REID
MAYOR
ATTEST:
Y S. ETAR
APPROVED AS TO FORM:
1 (21----%
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No R2010 -36
THE STATE OF TEXAS
COUNTY OF HARRIS
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING IS MADE and entered into by and
between the
Harris County Flood Control District,
a body corporate and politic under the laws of the State of Texas, hereinafter called
"District," and the
The City of Pearland,
a municipal corporation under the laws of the State of Texas, hereinafter called "City"
WITNESSETH:
WHEREAS, the National Flood Insurance Program (NFIP), established by the National
Flood Insurance Act of 1968, has several purposes, the most significant being
To better indemnify individuals from losses through the availability of flood
insurance;
To reduce future flood damages through community floodplain management
regulations; and
To reduce costs for disaster assistance and flood control; and
WHEREAS, the NFIP is a program of the Federal Emergency Management Agency
(FEMA), a division of the United States Department of Homeland Security; and
WHEREAS, FEMA invokes certain requirements of communities who participate in the
NFIP as a condition of participation; and
WHEREAS, the NFIP requires each participating community to designate a Floodplain
Administrator to ensure proper enforcement of required floodplain management
provisions; and
WHEREAS, the City is a participating community in the NFIP; and
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WHEREAS, the City has a designated Floodplain Administrator whose responsibilities
include:
Ensuring that new development is in accordance with the provisions of the NFIP
Reviewing and approving requests for Letter of Map Revisions (LOMR),
Conditional Letters of Map Revisions (CLOMR), requests for Physical Map
Revisions (PMR), Letter of Map Amendments (LOMA), and other map change
requests; and forwarding these requests to FEMA; and
WHEREAS, the District has entered into a Cooperating Technical Partnership (CTP)
Agreement with FEMA; and
WHEREAS, as part of the CTP Agreement, the District and FEMA completed the
Tropical Storm Allison Recovery Project which resulted in effective Digital Flood
Insurance Rate Maps (DFIRMs) dated June 18, 2007, for Harris County and
Incorporated Areas, along with new base data and computer models used to create the
DFIRMs; and
WHEREAS, the effective base data and models are subject to revisions by the District
and subsequent FEMA approval as a part of periodic watershed -wide update; and
WHEREAS, the District uses the base data and computer models to support its Capital
Improvement Program to reduce flood damages in Harris County, and
WHEREAS, the City must utilize the DFIRMs, the supporting data, and computer
models in their role as Floodplain Administrator; and
WHEREAS, the District has technical expertise that may provide support to the City in
the review of requests for CLOMRs, LOMRs, and PMRs; and
WHEREAS, it is the mutual benefit of the District and the City, as the Floodplain
Administrator, to maintain the integrity of the DFIRMs, the supporting data, and
computer models on a continual basis; and
WHEREAS, the District has executed a Mapping Activity Statement as part of the CTP
Agreement and has developed a Model and Map Management System (M3) allowing
the District to maintain and distribute effective supporting data and computer models to
the local community; and
WHEREAS, it is to the mutual benefit of the District and the City to enter into and to
effectuate the terms and conditions of this MOU.
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UNDERSTANDING
NOW, THEREFORE, The District and the City, in consideration of the mutual covenants
and agreements herein contained, do hereby have a mutual understanding as follows:
ARTICLE I
SERVICES TO BE PROVIDED BY THE DISTRICT
1. Provide Harris County Hydrologic and Hydraulic Modeling Standards (Modeling
Standards) to be used for all requests for CLOMRs, LOMRs, and PMRs in Harris
County, including those within the City.
2. Maintain current and effective hydrologic and hydraulic models, along with
supporting data, for the watersheds and studied streams in Harris County,
including those within the City. This includes updating the effective model set to
include changes necessitated by FEMA issued LOMRs and PMRs.
3. Provide and maintain a website where interested parties can request copies of
computer models and supporting data, and provide these computer models and
supporting data to the requestor in a timely fashion.
4. Maintain a GIS based dataset of ongoing activity, and further coordination by
informing affected parties of potential conflict due to concurrent activity.
5. Provide timely review and comment on all requests for CLOMRs, LOMRs, and
PMRs specifically to ensure that the request is in conformance with the
Modeling Standards.
6. Provide timely technical review on behalf of the City at the request of the City, in
the review and consideration of requests for CLOMRs, LOMRs, and PMRs.
ARTICLE II
SERVICES TO BE PROVIDED BY THE CITY
1. Require all requests for CLOMR, LOMR, and PMR within the City adhere to the
Modeling Standards, including the obtaining and submittal of effective base data
and models through the M3 System.
2. Provide a copy of all requests for CLOMR, LOMR, and PMR within the City to the
District for review and comment prior to submit to FEMA.
3. Provide the District with copies of all revisions to the requests for CLOMRs,
LOMRs, and PMRs necessitated as part of the FEMA review, along with a copy
of all correspondence between FEMA and the City related to the request.
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ARTICLE 111
NOTICES
All notices and communications under this MOU shall be mailed by certified mail, return
receipt requested, or delivered to District at the following address:
Harris County Flood Control District
9900 Northwest Freeway
Houston, Texas 77092
Attention: Director
All notices and communications under this MOU shall be mailed by certified mail, return
receipt requested, or delivered to the City at the following address:
The City of Pearland
3519 Liberty Dr.
Pearland, TX 77581
Attention: Ri 1 1 Ei sPn, City Manager
ARTICLE IV
FUNDING
It is expressly understood and agreed by the parties, such understanding and
agreement being of the essence to this MOU, that the District has not appropriated
funds hereunder to fulfill any obligation created by the terms of this Memorandum of
Understanding; that certain expenditures by the District hereunder may be funded under
one or more agreements between the District and third parties; and that the District
may, but shall not be obligated to, from time to time budget and appropriate additional
funds to fulfill any obligation created hereunder. In the event the District shall fail or
refuse to appropriate or expend funds necessary to perform any obligation hereunder,
the sole remedy of the City shall be to terminate this MOU; provided further, however,
that before terminating this MOU for such failure or refusal, the City shall first notify the
District in writing of its intent to terminate and give the District not less than (30) days to
remedy such deficiency, and thereafter only terminate the Memorandum of
Understanding in the event the District fails or refuses to remedy the deficiency.
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ARTICLE V
MEMORANDUM PERIOD
This Memorandum of Understanding becomes effective when fully executed by all
parties and will terminate as provided for herein.
ARTICLE VI
TERMINATION
This Memorandum of Understanding may be terminated upon thirty (30) days prior
written notice by either party.
ARTICLE VII
MODIFICATIONS
This instrument contains the entire understanding between the parties relating to the
rights herein granted and the obligations herein assumed. Any modification concerning
this instrument will be of no force or effect, except a subsequent modification in writing
signed by all parties hereto.
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IN TESTIMONY OF WHICH, this Memorandum of Understanding has been executed
March 18, 2010
HARRIS COUNTY FLOOD CONTROL DISTRICT
BY:
Michael D. Talbott, P.E.
Director
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Harris County Flood Control District
Harris County, Texas
COOPERATING TECHNICAL PARTNERS
MAPPING ACTIVITY STATEMENT
Mapping Activity Statement No. 14— Management and Distribution of
Hydrologic Models, Hydraulic Models and Supporting Data
In accordance with the Cooperating Technical Partners' Memorandum of Agreement dated July
31, 2000, between the Harris County Flood Control District (HCFCD) in Harris County, Texas
and the Federal Emergency Management Agency (FEMA), Mapping Activity Statement (MAS)
No. 14 is as follows:
SECTION 1—OBJECTIVE AND SCOPE
On June 18, 2007. FEMA released Flood Insurance Rate Maps for Harris County, Texas. This.
was the culmination of an extensive county wide restudy known as the Tropical Storm Allison
Recovery Project. This document considers activities and processes to ensure the long term
integrity of the map product, models, and supporting data; and to efficiently provide these tools
to the community.
The. objective is to manage a master set of current and accurate hydrologic and hydraulic
models and their supporting data for watersheds in Harris County; and to distribute this
information to the other NFIP communities and the general public in Harris County. These
master model sets support HCFCD's projects, additional public and private projects, provide the
region the understanding of flood risk, and support the National Flood Insurance Program.
In order to accomplish this objective, HCFCD will be the custodian of the model sets and
supporting data. HCFCD will continuously update all the information based on approved Letter
of Map Revisions (LOMR) and will provide appropriate documentation to FEMA. The
Conditional Letter of Map Revisions (CLOMR) will be filed separately and HCFCD will distribute
these models for information purposes only.
The various activities are outlined below.
Activity No. 1: Model Standards
To maintain the integrity of the models and supporting data, model management requires
modeling standards. These standards are available to the community via the HCFCD web site
and HCFCD ensure all new CLOMR/LOMRs adhere to these standards. The=HCFCD modeling
standards include a standard naming nomenclature, and HCFCD has updated the effective
model sets to include this nomenclature 'and provided this information to FEMA. The
nomenclature modifications do not change discharges, water surface elevations or the
floodplain mapping.
Mapping Activity Statement No. 14—August 27, 2009
Harris County Flood Control District 1
Activity No. 2: Web Based Application
A website has been developed to facilitate model and data distribution, notification, and
checkout. The website is located at rill.://www.hcfcd oalirn3, and is accessible by all
community members. Users are able to search by watershed to access the effective models
and associated data. This web based application will inventory the effective and historical data.
Models and supporting data for potential CLOMR/LOMRs can be checked in using the web
based application for HCFCD review prior to the community submittal to FEMA.
Activity No. 3: Continuous Update of the FEMA Effective Model Set— PHASE 1
All CLOMR/LOMR requests reviewed by the•appropriate FEMA contractor prior to the adoption
of the modeling standards do not have appropriate nomenclature. HCFCD will monitor weekly
the Mapping Information Platform (MIP) to determine the status of the pending CLOMR/LOMRs.
After the CLOMR/LOMRs are approved, HCFCD will access the MIP to obtain the approved.
CLOMR/LOMRs within Harris County. The information on the MIP should include the
CLOMR/LOMR documentation, reports, models and supporting data. If HCFCD is unable to
access all the information required on the MIP, HCFCD will work with FEMA and FEMA's
contractor to obtain the information.
HCFCD will make the. nomenclature modifications to recently approved CLOMR/LOMRs and
provide documentation to FEMA with a consistent QNQC procedure. HCFCD will forward the
new effective model sets and documentation to FEMA.
HCFCD has developed a Memorandum of Agreement (MOA) with the local floodplain.
administrators outlining the goal of current and accurate effective models maintenance. In the
MOA, HCFCD will review CLOMR/LOMRs within each Harris County community to ensure
compliance with the modeling standards. HCFCD has completed a training class for the
engineering community outlining the standards and the web based application.
For all CLOMR/LOMR requests, FEMA will ensure that HCFCD is copied on all formal
correspondence between FEMA, the community and the applicant including review comments,
determination letters and request letters.
Activity No. 4: Continuous Update of the FEMA Effective Model Set— PHASE 2
All new CLOMR/LOMRs will have the new nomenclature based upon .HCFCD modeling
standards. HCFCD will complete a review for the local floodplain administrators to ensure the
standards are adhered to prior to submittal to FEMA. All CLOMR/LOMR requests will be
reviewed by the appropriate FEMA contractor. After the CLOMR/LOMRs are approved, HCFCD
will access the MIP to obtain the approved CLOMR/LOMRs within Harris County. The
information on the MIP should include the CLOMR/LOMR documentation, reports, models and
supporting data. If HCFCD is unable to access all the information required on the MIP, HCFCD
will work with FEMA and FEMA's contractor to obtain the information.
HCFCD will incorporate the LOMR changes in the effective master model set and provide
documentation to FEMA with a consistent QA/QC procedure. HCFCD will forward the new
effective model sets and documentation to FEMA.
For all 'CLOMR/LOMR requests, FEMA will ensure that HCFCD is copied on all formal
correspondence between FEMA, the community and the applicant including .review comments,
determination letters and request letters.
Mapping Activity Statement No. 14-August 27,2009
Harris County Flood Control District 2
' •
SECTION 2-PERIOD OF PERFORMANCE
This Mapping Activity.,will begin upon the execution of the Mapping Activity Statement. This
Mapping Activity maybe terminated at the option of FEMA or HCFCD in accordance with the
provisions of the July 31, 2000, CTP Memorandum of Agreement. Schedule and Milestones will
be met in accordance with the adopted Project Master Schedule. If these mapping activities are
terminated, all products produced to date and the remaining funds from uncompleted activities,
provided by FEMA for this MAS, will be returned to FEMA.
SECTION 3-FUNDING
HCFCD will fund this effort up to an amount not to exceed S1,500,000. An additional estimated
annual cost of S250,000 will be funded by HCFCD (subject to annual funding) to continually
update all related necessary data to keep the models and maps current.
•
Anticipated expenses include': •
• Development of Model and Management Standards •
a Development of a web based application to distribute the models
o Development of a project tracking system
o Development of a file management system
•
o Development of a notification system
• Continuous Model Updates based on CLOMR/LOMRs
•
SECTION 4-STANDARDS
The following standards and documents are relevant to this Mapping Activity:
• Guidelines and Specifications for Flood Hazard Mapping Partners, Dated February 2002
(G&SFHMP) and including all future updates.
• Hydrology for Harris County, Harris County Flood Control District, March 1988
• Twenty One Tropical Storm Allison Recovery Project Technical White Papers, 2002
• Draft HCFCD Modeling and Management Standards, January 2008
• HCFCD Policy Criteria & Procedure Manual, October 2004
SECTION 5-PRODUCTS
The distribution of hydrologic and hydraulic models and supporting data products will include the
following items:
•
•
• HCFCD Modeling and Management Standards •
• Web Based Application development for the public to access information
a Continuous Model Updates and QA/QC Process
SECTION 6-SCHEDULE
The activities documented in this MAS shall be completed in accordance with the project
• schedule below by HCFCD. If changes to this schedule are required, the responsible Mapping
Partner shall coordinate with FEMA.
Milestone 1 (Modeling Standards Phase): This milestone will be completed in approximately
late calendar year 2009. •
Mapping Activity Statement No. 14 — August 27, 2009
Harris County Flood Control District 3
Milestone 2 (Web Based Application Phase): This milestone will be completed in
approximately late calendar year 2009.
Milestone 3 (Continuous Update of the FEMA Effective Model Set — PHASE 1): This
milestone will be completed in approximately mid to late calendar year 2009.
Milestone 4 (Continuous Update of the FEMA Effective Model Set — PHASE 2): This
milestone will be a continuous effort.
SECTION 7-CERTIFICATIONS •
The following certifications apply to this Mapping Activity:
a A Registered Professional Engineer or Licensed Land Surveyor in accordance with 44
CFR 65.6(f) certified hydrologic analyses and data.
o Preliminary DFIRM's were prepared in accordance with G&S FHMP Appendix L -
standard DFIRM database.
• e The digital base map data was accompanied by certification that the digital base map
data meet FEMA's minimum standards and specifications. In addition, the metadata
files included a description of the horizontal and vertical accuracy of the digital base
.map information.
SECTION 8-TECHNICAL ASSISTANCE AND RESOURCES
Specific•technical and programmatic support may be provided through the_appropriate FEMA
contractor; such assistance should be requested through the FEMA Regional Project Officer
• specified in Section 13•of this Mapping Activity Statement.
SECTION 9-CONTRACTORS •
• HCFCD intends to use the services of PBS&J, Idea Integration and other future contractors as
'• contractors for this MAS.
PBS&J •
1250 Wood Branch Park, Suite 300
Houston, Texas 77079
Idea Integration
3200 Southwest Freeway, Suite 2900
Houston, Texas 77027
SECTION 10-QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) .
PROCEDURES
HCFCD will undertake internal OA/QC reviews to ensure that the products described under
Section 5 of this Mapping Activity Statement conform to the standards cited Under Section 4 of
this Mapping Activity Statement. QA/QC procedures will.be developed to document the process
of updating the effective model data sets with the new model data from the approved LOMR to
develop a new effective model data set.
•
Mapping Activity Statement No. 14—August 27, 2009
Harris County Flood Control District • 4
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SECTION 11--REPORTING
Status reports will be submitted on a quarterly basis to FEMA. At a minimum,,these reports will
include.a summary of the work.
SECTION 12-PROJECT COORDINATION
Throughout the project, all members of the Project Team will, coordinate, as necessary, to
ensure the products meet the technical and format specifications required and contain accurate,
up-to-date information. Coordination activities shall include:
• HCFCD shall coordinate with FEMA and/or its contractor. These meetings will be on an
as needed basis in the form of conference calls or face to face visits to review the
progress of the project.
• E-mail, facsimile transmissions,and letters, as required.
SECTION 1.3-POINTS OF CONTACT
The points of contact for this Mapping Activity Statement are Gary Zimmerer, the FEMA Senior
Project Manager; Carl Woodward, the Project Manager for Harris County Flood Control District;
or subsequent personnel of comparable experience who are appointed to fulfill these
responsibilities. When necessary, any additional FEMA assistance should be requested
through the FEMA Regional Project Officer.
Each party has caused this MAS to be executed by its duly authorized representative.
, _
7.,31/
Mike Talbott, P.E. Date r
Director
Harris County Flood Control District
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i Analysis Branch Chief, Mitigation Division.
deral Emergency Management Agency, Region 6
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Be
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Engineering Management Branch, Mitigation Directorate
Federal Emergency Management Agency
. Mapping Activity Statement No. 14—August 27..2009
Harris County Flood Control District
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