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Home My WebLink AboutRES 10-006 RESOLUTION NO. 10-006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funds in an amount up to$2,494,552 through the Federal Emergency Management Agency(FEMA) Severe Repetitive Loss Grant Program to provide relief to homeowner's with recurring flooding. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of January, 2010. to 01 - ayor Becky Ames - i AV t•� !4 STATE OF TEXAS § COUNTY OF JEFFERSON § CONSULTING SERVICES FOR GRANT CITY OF BEAUMONT § APPLICATION DEVELOPMENT This is an agreement by mid between the City of Beaumont,Texas,(CITY),and Jeffrey S.Ward&Associates, Inc.,(CONTRACTOR). I. SCOPE OF SERVICES CONTRACTOR shall serve as a contractor of the City. The description of services contained herein is intended to be general in nature. It is neither exhaustive,nor a limitation on the contracted services so long as the services actually delivered are consistent with the provisions of this agreement. CONTRACTOR agrees to provide the following services: Applications will include all State of Texas Governor's Division of Enxrgcncy Management and FEMA required information,federal forms,and attachments. CONTRACTOR will develop a thorough and complete Severe Repetitive Lass (SRL) Program Project Grant Application, meeting all application requirements. CONTRACTOR.will submit the required number ofcopies of the completed Project Grant application to CITY for review,signature,and forwarding to the State. Some applications will require a cast-benefit analysis that will compare the current value of the proposed Mitigation project to the net present value of future mitigated losses. The data for this benefit-cost analysis shalt be provided to the contractor by CITY. Any additions to,expansion of or explanation of such terms shall be by letter of understanding agreed to and signed by both parties to this contract. II. COMPENSATION. CITY shall pay CONTRACTOR a per application fee as follows: Acquisition-$5,000 per application for less than 50 homes on an application. CITY shall process payments of invoices within 30 days after presentation of an invoice by CONTRACTOR- lit. SPECIAL CONDITIONS. CONTRACTOR shall defend,indemnify and hold harmless CITY,its officials and employees,against all suits or claims that may be based on any injury to persons or property that may occur,or may be alleged to occur,in the course of the performance of this agreement by CONTRACTOR,its agents or employees,provided,that the damage, claims, loss, demand, or suit is caused in whole or in part by any negligent act or omission of CONTRACTOR, or any subcontractor of CONTRACTOR, or anyone directly or indirectly employed by CONTRACTOR No officer,agent or employee of the City is employed by CONTRACTOR or has a financial interest direct or indirect in this agreement or the compensation to be paid under this agreement. The SUBCONTRACTOR(S)shall be solely and entirely responsible for procuring all appropriate licenses and permits, which may be required by any competent authority for the SUBCONTRACTOR(S)to perform the subject work. CITY OF BEAUMONT.TEXAS CONTRACTOR Jeffrey S.Ward&Associates,Inc. ATTEST: STATE OF TEXAS § CITY OF JEFFERSON § CONSULTING SER'V'ICES FOR GRANT CITY OF BEAUMONT § APPLICATION DEVELOPMENT This is an agreement by and between the City of Beaumont,Texas,(CITY),and Jeffrey S.Ward&.Associates, Inc.,(CONTRACTOR). WHEREAS CITY has severe repetitive loss(SRL)properties within the City and has applied for a FEMA grant,through the Texas Water Development Board,to acquire and demolish these properties; and WHEREAS CITY has received indication from TWDB that the award to acquire and demolish nine properties under this SRL program is eminent; and WHEREAS CONTRACTOR is in the business of managing/implementing above referenced grants, WHEREAS CITY desires to contract with CONTRACTOR to provide such services, NOW,THEREFORE,CITY and CONTRACTOR mutually agree as follows: I. SCOPE OF SERVICES CONTRACTOR shall serve as a contractor of the City. The description of services contained herein is intended to be general in nature. It is neither exhaustive,nor a limitation on the contracted services so long as the services actually delivered are consistent with the provisions of this agreement. CONTRACTOR agrees to provide the following services: Scope of Work TASK 1 -Review and Oversight of Title Company Activities The Contractor will ensure that the Title Company activities are performed in a timely manner and in accordance with the terns of the.contraet. The Contracaor will review Title Search and Title Insurance Commitments to ensure that they meet the requirements of the contract. If problems are encountered,the Contractor will seek resolution from the Title Compare. TASK 2-Review of Appraisal Each appraisal will be reviewed for compliance with the Uniform Standards for Professional Appraisal Practices(USPAP)and Grant agency requirements. The appraiser's estimate of value should be well documented and supported by the best comparable sale data available. Errors,omissions and unsupported conclusions will be brought to the attention of the appraiser and the report will be revised as needed to meet the reviewer's requirements. An approved estimate of value will be prepared Should a property owner later challenge the Determination of Compensation and obtain their own appraisal,the Contractor will review owner's appraisal and a revised Offer to Sell will be prepared as appropriate. The review of owner appraisals and the preparation of revised offers will be billed for each parcel as appropriate. TASK 3—Develop Data for Determining Compensation W Information provided by the community will be reviewed and an amount of compensation for each parcel will be recommended.. The Contractor will analyze the appraisal and/or community information to extract the needed information for the preparation of the Statement of Determination of Compensation and Offer to Sell Real Property. Duplication of Benefits information will be reviewed and proper deductions from value will be made. Note: Duplication of Benefits data is only as good as the data provided by the Community and/or the homeowner. Contractor will not be responsible for duplication of benefits data not known or withheld at the time of the development of the Determination of Compensation. Every effort will be made to obtain complete and accurate Duplication of Benefits data up to the point of settlement of the property. TASK 4-Prepare Determination of Compensation and Offer to Sell Real Property Utilizing the data developed or obtained in Task 3,the Contractor will prepare the following documents for the City's review: (1)Letter to each parcel owner explaining the acquisition process and their rights and options, to be signed by the Community official,(2)a Statement of Determination of Compensation for each parcel to be signed the Community official,and; 3 an Offer to Sell Real Pro agreement for each parcel. TASK 5—Meeting with Owners Each parcel owner will be scheduled for a personal meeting at which time the letter from the City explaining the acquisition process and the own "s rights and options will be reviewed. The Statement of Determination of Compensation and Offer to Sell Real Property will also be explained to each parcel owner. If duplication of benefits deductions are made and the owner has documentation to support a revision to the deductions or to support a reimbursement,appropriate adjustments will be made. The meetings will be conducted in facilities rovided by the client. Following this meeting,the offer to sell will be presented to the owner,by the City. TASK 6-Deeds The Contractor will provide the Title Company a sample Deed for each parcel in a form that meets the requirements of the FEIVIA Section 404 program and/or the appropriate Grant agency. The Deed will be suitable for recording with the Recorder of Deeds in the appropriate City. This Deed will recite the true consideration to be paid,will identify the interest in the land to be acquired and will include appropriate deed restrictions as directed by FEMA and/or the Grant agency. TASK 7-Oversee and Coordinate Settlements The title company will be responsible for scheduling closing with each parcel owner and for the preparation of all documents necessary for closing. These activities will be monitored to ensure that they are performed in a timely manner and that all matters are properly coordinated. A listing will be prepared and provided to the Client prior to each closing which identifies the amount needed for disbursement by the title company at the closing. The listing will identity each parcel by parcel number,owner name,address of property and amount of compensation. The client will be advised to deposit the needed funds in the Title Company escrow prior to closing. TASK 8-Prepare and Maintain Hard Copy Case Files A hard copy case file for each parcel purchased will be prepared and submitted to the client. This file will contain at a minimum:the application package from the owner,a copy of the appraisal;a copy of the letter;a copy of the Determination of Compensation;a copy of the Offer to Sell and any revisions thereto;a copy of the final title insurance policy;and a copy of the recorded Deed. Notes regarding owner meetings and various discussions will be included in the case file as appropriate. 11. COMPENSATION. CITY shall pay CONTRACTOR a per parcel fee of$1,000