HomeMy WebLinkAboutRES 17-211RESOLUTION NO. 17-211
WHEREAS, the State of Texas, under Governor Abbot, has approved the Texas
Department of Transportation (TxDOT) to assist local jurisdictions with debris removal;
and,
WHEREAS, in order to expedite removal, an agreement was coordinated based
on a State of Texas Assistance Request through the Emergency Management Division
on October 2, 2017; and,
WHEREAS, TxDOT will submit costs for reimbursement directly to Federal
Emergency Management Agency (FEMA) with no charges to the City of Beaumont;
and,
WHEREAS, the City Council is of the opinion that it is in the best interest of the
City of Beaumont to ratify the Agreement signed on October 2, 2017 by the Emergency
Management Coordinator to expedite debris removal from Hurricane Harvey. The
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the Agreement signed on October 2, 2017 by the Emergency Management
Coordinator with the Texas Department of Transportation (TxDOT) to expedite debris
removal from Hurricane Harvey be and is hereby ratified.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
October, 2017.
Nor Becky Ames -
State of Texas
County of Travis §
AGREEMENT FOR
DISASTER DEBRIS REMOVAL WITHIN A CITY
This Agreement is made between the State of Texas, acting through the Texas Department of Transportation,
("TxDOT") and Beaumont ("City")
BACKGROUND
Section 221.002 of the Transportation Code authorizes TxDOT, at its discretion, to enter agreements with cities to fix
responsibilities for maintenance, control, supervision, and regulation of State highways within and through the
corporate limits of such cities.
Section 418.023 of the Government Code authorizes the Emergency Management Council to utilize any state
agency to clear or remove debris or wreckage from public or private land or water if it threatens public health or
safety or public or private property in a state of disaster declared by the governor or major disaster declared by the
president of the United States.
City and TxDOT have determined that a reallocation of each party's responsibility for debris removal is necessary to
assure that citizens are served and protected.
Federal Emergency Management Administration ("FEMA") is expected to reimburse each party for the work that
party performs under this Agreement.
Therefore, the parties agree as follows:
AGREEMENT
1. PERIOD OF AGREEMENT
This Agreement becomes effective when signed by the last party whose signing makes this Agreement fully
executed. This agreement shall remain in effect until each party's obligations under this Agreement are
fulfilled or until October 31, 2017, whichever is earlier.
Z COMPENSATION
2.1. City acknowledges that it will not be reimbursed or compensated by TxDOT for work performed under
this Agreement. City shall not invoice or otherwise seek reimbursement or compensation from TxDOT
for any work performed under this Agreement. City shall not hold TxDOT responsible for any portion
of disaster debris related services not reimbursed by FEMA.
2.2. Each party shall independently apply directly to FEMA for reimbursement for the work that parry
performed under this Agreement in accordance with all federal rules, regulations, and procedures.
2.3. Each party shall produce all necessary documentation to state and federal agencies required for
reimbursement for the work that party performed under this Agreement.
3. DEFINTIONS
In this Agreement, the following definitions apply:
"State Road" means a State -maintained road within city limits that is listed in Attachment A, State Roads
"Local Road" means a City -maintained road within city limits that is listed in Attachment B, Local Roads
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4. SCOPE
4.1. TxDOT will perform one first-pass emergency clearance and collection of eligible disaster debris from
specified State Roads and Local Roads. A first pass may consist of one or multiple clearances and
collection of disaster debris; however, TxDOT may determine what constitutes a first pass and when
a first pass is complete.
4.2. TxDOT will notify City when TxDOT has completed a first pass on a road.
4.3. City shall not begin debris removal on a State Road until it has received from TxDOT a notice to
proceed ("NTP"). After receiving a NTP from TxDOT, City shall perform second -pass emergency
clearance and collection of eligible disaster debris from the State Road or State Roads specified in
the NTP.
4.4. City shall monitor and document locations and volumes of debris stockpiles removed from State
Roads and Local Roads.
4.5:. City shall reduce and provide final disposition of debris collected within the city limits of City
regardless of whether it or TxDOT removed the debris.
4.6. City shall document and repair any damages to state -maintained right of way that might be caused
by debris removal operations undertaken pursuant to this Agreement. All repairs performed by City
must satisfy the TxDOT district engineer for the TxDOT district in which repair is being performed.
4.7. City, and its disaster debris removal contractors, shall not remove debris from any State -maintained
road that is not included in Attachment A.
4.8; After TxDOT completes a first pass debris removal on a particular State Road, City shall remove all
remaining eligible disaster debris, even if such removal requires multiple passes on that particular
State Road. City shall notify TxDOT when City has completed debris removal on a particular State
Road.
4.9. City shall comply with all TxDOT rules and regulations including, but not limited to, safety, insurance,
and traffic control in accordance with the Manual on Uniform Traffic Control Devices.
4.10. City shall hold TxDOT harmless in all matters arising from or related to this Agreement. Further, City
is responsible for all damage or injury to persons or to private property occurring as a result of the
disaster debris removal activities pursuant to this Agreement.
4.11. TxDOT will inspect State Roads identified as complete by City and verify acceptance. Once a State
Road is accepted as complete by TxDOT, City will be released from any additional disaster debris
removal responsibilities.
Each party is signing this agreement on the date stated opposite that party's signature.
Date:
City of Beaumont
Name: - --
Title:
STATE OF TEXAS
Date: /ylZ/I.C�I `� By.
Tucker Ferguson_
Beaumont District Engineer
Texas Department of Transportation
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ATTACHMENT A
STATE ROADS
(identify State Roads here)
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ATTACHMENT B
LOCAL ROADS
(identify Local Roads here}
Attachment 8, Local Roads
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