HomeMy WebLinkAboutPACKET SEP 16 2014RICH WITH 0VrOHT( NITY
1
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 16, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — September 9, 2014
* Confirmation of committee appointments
A) Approve the award of an annual contract for electrical services to Gulf Coast Electric
Company, Inc., of Beaumont
B) Approve a resolution reappointing Craig Lively as Chief Magistrate for the Municipal
Court of the City of Beaumont
C) Approve a resolution authorizing the acceptance of the Cattail Marsh Constructed
Wetland Rehabilitation Project for maintenance, approving a change order to the contract
with Brystar Contracting, Inc. and authorizing final payment to the contractor
D) Authorize the City Manager to enter into a contract with Triangle Aids Network for the
Continuum of Care Grant from the Department of Housing and Urban Development
E) Authorize the settlement of the lawsuit styled Robert "Bobby" Lorraine vs. City of
Beaumont, Texas; Cause No. 122490
U
r
T • E • X • A • S City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 16, 2014
REQUESTED ACTION: Council consider a resolution approving the award of an
annual contract for electrical services, to Gulf Coast
Electric Company, Inc.. of Beaumont, in the estimated
amount of $199,150.
BACKGROUND
The contract specifies that the successful bidder will provide assorted electrical services at a
fixed hourly rate and materials at a fixed percentage markup to maintain City electrical systems.
The contract requires the contractor to have personnel onsite to assist the City with emergency
repairs in the event of a disaster.
Five (5) vendors were notified, one (1) responded. Bids were evaluated on a total annual cost
based upon estimated labor hours for each skill category and condition.
Gulf Coast Electric Company, Inc., who has held this contract for several years, was the only
bidder. The total bid represents an approximate three percent (3 %) increase over the current
contract.
FUNDING SOURCE
Building Services Operating Budget.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for electrical services to
maintain City electrical systems; and,
WHEREAS, Gulf Coast Electric Company, Inc., of Beaumont, Texas, submitted a
bid in the estimated amount of $199,150 as shown on Exhibit "A," attached hereto; and,
WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast
Electric Company, Inc. should be accepted;
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 bid submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas,
for an annual contract for electrical services to maintain City electrical systems in the
estimated amount of $199,150 as shown on Exhibit'A," attached hereto, be accepted by
the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Gulf Coast Electric Company, Inc., of Beaumont,
Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
RIC)l WITH OPPORTUNITY
BEAUMON*
T- E- X- A- 8
CITY OF BEAUMONT - PURCHASING DIVISION
R. J. Hollar - Buyer II
409 -880 -3758
rhollar @ci. beaumont.tx. us
BID TABULATION: Annual Contract for Electrical Services
BID No. BF0714 -53
OPENING DATE: Thursday, September 04, 2014
Vendor
City / State
Bucket Truck w /Journeyman
$130.00 /Hr
Gulf Coast Elect
Beaumont
Straight Time /Hour
Est Hrs
Parts &Material Markup
Per Hr
Rental Equipment Markup
Total
Journeyman w /truck
1500
$
58.00
$
87,000.00
Journeyman no truck
1000
$
26.00
$
26,000.00
Helper
1000
$
15.00
$
15,000.00
Journeyman w /truck
250
$
72.00
$
18,000.00
Journeyman no truck
100
$
40.00
$
4,000.00
Helper
50
$
23.00
$
11150.00
1111WAS M,
Journeyman w /truck
300
$
80.00
$
24,000.00
Journeyman no truck
300
$
60.00
$
18,000.00
Helper
200
$
30.00
$
6,000.00
TOTAL BID
S
199,150.00
Additional Pricing (Not included in Bid Total)
Bucket Truck w /Journeyman
$130.00 /Hr
$1,000
$5,500
Backhoe w /operator
$90.00 /Hr
Parts &Material Markup
10%
Rental Equipment Markup
10%
No Response: Gold Crest, Neches Electric, A &A Electric, Electrical Specialties
EXHIBIT "A"
70
01
RICH WITH OPPORTUNITY
[I IEIA► �
T - E - X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tyrone E. Cooper, City Attorney
September 16, 2014
Consider a resolution reappointing Craig Lively as Chief
Magistrate for the Municipal Court of the City of
Beaumont, Texas.
In 2008, the City Council appointed Craig Lively as the Chief Magistrate of the City of Beaumont
Municipal Court. The City Charter provides that the Magistrates are to be elected by a majority vote
of the City Council for a term of two (2) years. His current term expires September 2014. Chief
Magistrate Lively has expressed an interest in continuing in his position as Chief Magistrate for the
Municipal Court of the City of Beaumont. The base wage of Chief Magistrate Craig Lively will be
$10,039.42 per month and a car allowance will be $200.00 per month. All other benefits extended
to civilian employees will continue to be provided as well.
FUNDING SOURCE
There are sufficient funds in the General Fund to support the compensation of Chief Magistrate.
RECOMMENDATION
Administration recommends approval of a resolution reappointing Craig Lively as the Chief
Magistrate of the Municipal Court of the City of Beaumont, Texas.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Craig Lively be reappointed as Chief Magistrate of City of Beaumont Municipal Court
for a two (2) year term. The base wages of the Chief Magistrate will be $10,039.42 per
month. A car allowance will be $200.00 per month.
NOTWITHSTANDING the foregoing compensation and benefits, all other
compensation, terms and conditions of employment with the City of Beaumont shall be
pursuant to City policy and the Charter of the City of Beaumont, as with other civilian
employees.
This resolution shall be effective immediately upon passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
111LOA,[111611T
T• E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Ham J. Tohme, P.E., City Utilities Director
September 16, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to accept the Cattail Marsh Constructed Wetland
Rehabilitation Project for maintenance, approve a change
order to the contract with Brystar Contracting, Inc., and
authorize final payment.
BACKGROUND
'The City Council approved a contract with Brystar Contracting, Inc.. on November 6, 2007, in
the amount of $12,894,000.00. Change Order No. 7 in the amount of $14,537.28 is
recommended to adjust the estimated quantities to reflect the actual quantities used during the
performance of the project. These adjustments include increasing Bid Item 28 to furnish all
necessary labor, materials, and equipment to harvest 27,163 plants from within the wetlands and
plant them at the locations specified by the Engineer. This change order also deletes Bid Item
14, the construction of a broad - crested weir (NCC -3); Bid Item 21, the purchase of additional
plants; and Bid Item 22, the planting of the additional plants.
The project has been inspected by the City Utilities Department and found to be complete in
accordance with the provisions and terms set out in the contract. A final payment will be made
to the contractor in the amount of $10.000.00.
Previous actions include:
Resolution 07 -369 in the amount of $12,894,000.00 was passed by the City Council on
November 6, 2007.
Resolution 07 -369 in the amount of ($3,212,387.72) was passed by City Council on November 6,
2007.
Resolution 11-053 in the amount of $188,137.97 was passed by City Council on February 1,
201 1.
Resolution 11-1227 in the amount of $40,353.00 was passed by City Council on April 12, 2011.
Cattail Marsh Constructed Wetlands Rehabilitation
September 16, 2014
Page 2 of 2
Resolution 11 -284 in the amount of $54,128.40 was passed by City Council on September 27,
2011.
Resolution 12 -048 in the amount of $92,160.00 was passed by City Council on March 20, 2012.
Resolution 13 -123 in the amount of $114,942.50 was passed by City Council on June 4, 2013.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No. Seven
DATE: September 16, 2014
PROJECT: City of Beaumont, Texas
Cattail Marsh Constructed Wetland Rehabilitation
OWNER: City of Beaumont, Texas
801 Main Street
Beaumont, Texas 77704
CONTRACTOR: Brystar Contractors, Inc.
8385 Chemical Road
Beaumont, Texas 77705
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change: Final quantity adjustments to furnish all labor, equipment, materials, and supervision as required to
harvest additional plants on -site and plant them per Engineer's instruction, and to provide quantity, adjustment to three (3) bid
items. No correction in contract time (additional work days) is required in conjunction with this change.
ORIGINAL CONTRACT AMOUNT:
$12,894,000.00
AMOUNT OF CHANGE ORDER No.1
($3,212,387.72)
AMOUNT OF CHANGE ORDER No. 2
$188,137.97
AMOUNT OF CHANCE ORDER No. 3
$40,353.00
AMOUNT OF CHANGE ORDER No. 4
$54,128.40
AMOUNT OF CHANGE ORDER No. 5
$92,160.00
AMOUNT OF CHAISGE ORDER No. 6
$114,942.50
REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED
CHANGE ORDERS No. 1, 2, 3, 4, 5, and 6
$10171,334.15
THIS CHANGE ORDER
Description;
Net Change
Item 14 - NCC-3 Structure, Decrease 1 LS @ $35,000/LS
($35,000.00)
Item 21 - Additional Plants, Decrease 5000 EA @ $1.50 /EA
($7,500.00)
Item 22 - Plant Additional Stock, Decrease 5000 EA @ $2.50/EA
($12,500.00)
[tern 28 - Additional Plants (harvested Onsite), Increase 27,163 EA @ $2.56/E A
$69,537.28
TOTAL AMOUNT OF THIS CHANGE ORDER.: $14,537.28
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $10.185,871.43
CONTRACT TIME:
Additional Time (Days) Requested/Granted: 0 Calendar Days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under
the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver
constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon
adjustment to the Contract, and that Contractor will waive all rights to file a claim on th ?s Change Order after it is properly
executed."
Jtccouimended by:
Approved by:
1
City of Beaumont
City of Beaumont
City UtilitiesDireGtOr
Owner
IJate: _
Date:
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Ace ted b
Brystar Contracting, Inc.
Contractor
Date:
RESOLUTION NO.
WHEREAS, on November 6, 2007, the City Council of the City of Beaumont, Texas,
passed Resolution No. 07 -369 awarding a contract in the amount of $12,894,000 to Brystar
Contracting, of Beaumont, Texas, forthe Cattail Marsh Constructed Wetland Rehabilitation
Project; and,
WHEREAS, on November 6, 2007, the City Council of the City of Beaumont, Texas
passed Resolution No. 07 -369 approving Change Order No. 1 in the amount of
($3,212,387.72), thereby decreasing the contract amount to $9,681,612.28; and,
WHEREAS, on February 1, 2011, the City Council of the City of Beaumont, Texas
passed Resolution No. 11 -053 approving Change Order No. 2 in the amount of
$188,137.97, thereby increasing the contract amount to $9,869,750.25; and,
WHEREAS, on April 12, 2011, the City Council of the City of Beaumont, Texas
passed Resolution No. 11 -127 approving Change Order No. 3 in the amount of
$40,353.00, thereby increasing the contract amount to $9,910,103.25, and,
WHEREAS, on September 27, 2011, the City Council of the City of Beaumont,
Texas, passed Resolution No. 11 -284 approving Change Order No. 4 in the amount of
$54,128.40, thereby increasing the contract amount to $9,964,231.65, and,
WHEREAS, on March 20, 2012, the City Council of the City of Beaumont, Texas
passed Resolution No. 12 -048 approving Change Order No. 5 in the amount of
$92,160.00, thereby increasing the contract amount to $10,056,391.65; and,7
WHEREAS, June 4, 2013, the City Council of the City of Beaumont, Texas passed
Resolution No. 13 -123 approving Change Order No. 6 in the amount of $114,942.50,
thereby increasing the contract amount to $10,171,334.15; and,
WHEREAS, Change Order No. 7, in the amount of $14,537.28, is required to furnish
all labor, materials, and equipment to harvest 27,163 plants from within the wetlands and
plant them at the locations specified by the Engineer; and, to delete the construction of a
broad- crested weir and the purchase and planting of additional plants, thereby increasing
the contract amount to $10,185,871.43;
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 City Manager be and he is hereby authorized to execute Change Order
No. 7 for additional work described above, thereby increasing the contract amount by
$14,537.28 for a total contract amount of $10,185,871.43; and,
BE IT FURTHER RESOLVED THAT the Cattail Marsh Constructed Wetland
Rehabilitation Project be and the same is hereby accepted; and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final
payment in the amount of $ to Brystar Contracting.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
)1]
RICK WITH OPPORTUNITY
r
T • E • x • A • S City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Director of Planning & Community
Development
MEETING DATE: September 16, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to enter into a contract with Triangle Aids Network for the
Continuum of Care (CoC) Grant from the Department of
Housing and Urban Development.
BACKGROUND
The City of Beaumont, acting as the lead agency, receives an annual grant allocation of
Continuum of Care (CoC) funds from the U.S. Department of Housing and Urban Development
(IIUD).
Formerly known as the Shelter Plus Care Program, CoC has now been consolidated with other
HUD competitive homelessness assistance grant programs, including the Supportive Housing
Program and the Section 8 Moderate Rehabilitation /Single Room Occupancy Program, to create
the new Continuum of Care (CoC) Program.
The Continuum of Care Program assists difficult to serve homeless individuals with disabilities
and their families. These individuals primarily include those with serious mental illness, chronic
problems with alcohol and /or drugs, and HIV /AIDS or related diseases. The City of Beaumont,
in conjunction with Triangle Aids Network, provides Tenant -Based Rental Assistance to local
homeless individuals that have been diagnosed with HIV /AIDS.
The grant amount for rental and utility assistance is $136,344 and $8,444 for the administrative
costs associated with administering the program. The City of Beaumont will reimburse Triangle
Aids Network for all eligible costs to operate the program.
FUNDING SOURCE
Continuum of Care Grant, from the Department of Housing and Urban Development.
RECOMMENDATION
Approval of the resolution.
State
CoC Name
Project Name
PROGRAM Awarded Amount
The Lotus Project CoCR $598,505
TH- Special Needs and Employment CoCR $107,190
Transitional Housing Program CoCR $126,717
Transitional Housing Two CoCR $207,406
Villa Guadalupe Transitional Housing Program CoCR $183,655
VOA Haltlands CoCR $127,578
Wheeler Avenue 5C's Madge Bush Transitional Housing Program CoCR $162,631
YEAH! CoCR $671,099
TX -700 Total : $20,602,876
TX -701 - Bryan /College Station /Brazos Valley CoC
Transitions 2013 -2014 CoCR $166,189
TX -701 Total : $166,189
TX -703 - Beaumont/Port Arthur /South East Texas CoC
Community Based Self- Sufficiency Program CoCR $35,016
Data Online Network CoCR $23,468
Family Services' Sunshine Cove Transitional Housing CoCR $150,977
Homeless to Homes Program CoCR $166,046
Magdalene Tranistional Housing Project CoCR $175,037
Shelter Plus Care (S +C) CoCR $144,788
TX -703 Total :
$695,332
3/31/2014 Page 13 of 14
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract, substantially
in the form attached hereto as Exhibit "A," with Triangle Aids Network to receive up to
$144,788 for the Continuum of Care (CoC) Grant through the U. S. Department of Housing
and Urban Development, Shelter Plus Care Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
,;](a A 131 -11, V rf K31'AItl 9'L
EAMON*
T + E • X • A + $
AGREEMENT
BETWEEN THE CITY OF BEAUMONT
AND
TRIANGLE AIDS NETWORK
112t
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MORrukirx
This Agreement is made and entered into between the City of Beaumont, Texas,
hereinafter referred to as CITY, and Triangle Aids Network, hereinafter referred to as
SUBRECIPIENT. This assistance will be funded in whole by the U.S. Department of Housing
and Urban Development, Shelter Plus Care Program.
WHEREAS, City has designated the Department of Community Development Block
Grants Administration responsible for the administration of this Agreement and all matters
pertaining thereto; and;
WHEREAS, the Shelter Plus Care Program (S +C) is authorized by Title IV, subtitle F, of
the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11403 -
11407b). S +C is designed to provide rental assistance, in connection with supportive services for
hard -to -serve homeless persons with disabilities (primarily those who are seriously mentally ill;
have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency
syndrome (AIDS) and related diseases) and their families;
WHEREAS, the U.S. Department of Housing and Urban Development has awarded CITY
a grant in the amount of $144,788.00 under the FY2013 Shelter Plus Care TRA Program, grant
#TX0219C6E031306 -TRA, to administer and provide tenant -based rental assistance (TRA) of
(17) scattered site units for a period of one year, and;
WHEREAS, in the FY13 grant CITY has engaged SUBRECIPIENT as the agency that
would administer the rental assistance subsidies provided under the program;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obligations and the performance and accomplishment of the conditions hereinafter
described.
1. TERM
Subject to the provisions of this Grant Agreement, the CITY will make funding assistance
available to SUBRECIPIENT upon execution of the Grant Agreement by both parties. The
grant period will extend from the 1" day of February, 2014 through the 315` day of January,
2015 unless sooner terminated in accordance with Section 25, Termination.
EXHIBIT "A"
2. RESPONSIBILITIES
SUBRECIPIENT hereby accepts the responsibility for the performance of all services and
activities described as set forth in Exhibit A, and incorporated herein by reference, in a
satisfactory and efficient manner as determined by CITY, in accordance with the terms herein.
CITY will consider SUBRECIPIENT's Executive Officer to be SUBRECIPIENT's
representative responsible for the management of all contractual matter pertaining hereto,
unless written notification to the contrary is received from SUBRECIPIENT, and approved by
CITY.
Pursuant to receiving the equivalent amount of fund from the U.S. Department of Housing and
Urban Development, The City has allocated the sum of $144,788.00 to be expended under this
contract. Unless an amendment to this contract otherwise provides, that amount shall in no
event be exceeded and the City shall under no circumstance be required to pay in excess of
that amount.
The CITY'S CDBG Manager will be CITY'S representative responsible for the administration
of this Agreement.
3. CITY'S OBILIGATION
A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred
pursuant and in accordance with the project budget attached hereto as Exhibit C and the
Statement of Work herein attached as Exhibit A and incorporated herein by reference.
Notwithstanding any other provision of the Agreement, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the sum of $144,788.00.
B. Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by SUBRECIPIENT and receipt of a request for payment with appropriate
documentation of expenditures, CITY shall make payments to SUBRECIPIENT based
on the Project Budget attached hereto and incorporated herein for all purposes as Exhibit
C, subject to the limitations and provisions set forth in this Section and Section 7 of this
Agreement. Payments may be contingent upon certification of the SUBRECIPIENT'S
financial management system in accordance with the standards specified in OMB
Circular A -110, attached hereto as Exhibit D and incorporated herein by reference.
The parties expressly understand and agree that the CITY'S obligations under this
Section are contingent upon the actual receipt of adequate Shelter Plus Care (S +C)
funds to meet CITY'S liabilities under this Agreement. If adequate funds are not
available to make payments under this Agreement, CITY shall notify
SUBRECIPIENT in writing within a reasonable time after such fact has been
determined. CITY may, at its option, either reduce the amount of its liability, as
specified in Subsection A of this Section or terminate the Agreement. If S +C funds
eligible for use for purposes of this Agreement are reduced, CITY shall not be
liable for further payments due to SUBRECIPIENT under this Agreement
2. It is expressly understood that this Agreement in no way obligates the General
Fund or any other monies or credits of the City of Beaumont.
3. CITY shall not be liable for any cost or portion thereof which:
(a) has been paid, reimbursed or is subject to payment or reimbursement, from
any other source;
(b) was incurred prior to the beginning date, or, without prior approval from
CITY, after the ending date specified in Section 1;
(c) is not in strict accordance with the terms of this Agreement, including all
exhibits attached hereto;
(d) reimbursement from CITY has not been requested within 90 calendar days
following billing to SUBRECIPIENT, or termination of the Agreement,
whichever date is earlier; or
(e) is not an allowable cost as defined by Section 10 of this Agreement or the
project budget.
4. CITY shall not be liable for any cost or portion thereof which is incurred with
respect to any activity of SUBRECIPIENT requiring prior written authorization
from CITY, or after CITY has requested that SUBRECIPIENT furnish data
concerning such action prior to proceeding further, unless and until CITY advises
SUBRECIPIENT to proceed.
5. CITY shall not be obligated or liable under this Agreement to any party other than
SUBRECIPIENT for payment of any monies or provision of any goods or
services.
4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. SUBRECIPIENT understands that funds provided pursuant to this Agreement are funds
which have been made available to CITY by the Federal Government (U.S. Department of
Housing and Urban Development) under the Title IV, Subtitle F, of the Stewart B.
McKinney Homeless Assistance Act, as amended, in accordance with an approved Grant
Application and specific assurances. The foregoing is in no way meant to constitute a
complete compilation of all duties imposed upon SUBRECIPIENT by law or
administrative ruling, or to narrow the standards which SUBRECIPIENT must follow.
SUBRECIPIENT further assures and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply with them, or
notify CITY, as provided in Section 23 of this Agreement.
SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements
of the Office of Management and Budget Circulars Nos. A -110, A -122, A -87 and A -133 as
applicable.
B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of
Texas, ordinances of the City of Beaumont and local program requirements.
C. SUBRECIPIENT is required to comply with the applicable uniform administrative
requirements as described in 24 CFR 582 and 24 CFR 582.400 subpart E Exhibit B, with
the exceptions noted below:
SUBRECIPIENT does not assume CITY'S environmental responsibilities
described at CFR 582.230; and
2. SUBRECIPIENT does not assume the CITY'S responsibility for initiating the
review process under the provisions of 24 CFR Part 582.
5. REPRESENTATIONS
A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and official motion, resolution or action passed or taken, to enter
into this Agreement.
B. The person or persons signing and executing this Agreement on behalf of
SUBRECIPIENT, does hereby warrant and guarantee that he, she, or they have been fully
authorized by SUBRECIPIENT to execute this Agreement on behalf of
SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms,
performances and provisions herein set forth.
C. CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either
SUBRECIPIENT or the person signing the Agreement to enter into this Agreement.
SUBRECIPIENT is liable to CITY for any money it has received from CITY for
performance of the provisions of this agreement if CITY has suspended or terminated this
Agreement for the reasons enumerated in this Section.
D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under
the terms of this Agreement will in no way be substituted for funds and resources from
other sources, nor in any way serve to reduce the resources, services, or other benefits
which would have been available to, or provided through, SUBRECIPIENT had this
Agreement not been executed.
6. PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and
services set out in the Statement of Work, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in the Project Budget, Exhibit C, attached
hereto and incorporated herein for all purposes and deemed by both parties to be necessary and
sufficient payment for full and satisfactory performance of the program, as determined solely by
CITY and in accordance with all other terms, provisions and requirements of this Agreement.
No modifications or alterations may be made in the Statement of Work without the prior
written approval of the City's Community Development Grants Administrator.
7. PAYMENTS TO SUBRECIPIENT
A. Payments to SUBRECIPIENT. The CITY shall pay to the SUBRECIPIENT a
maximum amount of money totaling $144,788.00 for services rendered under this
Agreement. CITY will pay these funds on a reimbursement basis to the
SUBRECIPIENT within thirty days after CITY has received approved supporting
documentation of eligible expenditures. SUBRECIPIENT'S failure to request
reimbursement on a timely basis may jeopardize present or future funding.
Funds are to be used for the sole purpose of providing services described in the Statement
of Work herein attached as Exhibit A and based on the Project Budget herein attached
as Exhibit C.
B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of
CITY'S request, any sum of money which has been paid by CITY and which CITY at
any time thereafter determines:
has resulted in overpayment to SUBRECIPIENT; or
2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
C. Disallowed Costs: Upon termination of this Agreement, should any expense or change for
which payment has been made be subsequently disallowed or disapproved as a result of
any auditing or monitoring by CITY, the U. S. Department of Housing and Urban
Development, or any other Federal agency, SUBRECIPIENT will refund such amount to
CITY within ten working days of a written notice to SUBRECIPIENT, which specifies
the amount disallowed. Refunds of disallowed costs may not be made from these or any
funds received from or through CITY.
D. Reversion of Assets. Upon expiration of this Agreement, SUBRECIPIENT shall transfer
to the CITY any S +C funds on hand at the time of expiration and any accounts receivable
attributable to the use of S +C funds. If CITY finds that SUBRECIPIENT is unwilling
and /or unable to comply with any of the terms of this Contract, CITY may require a refund
of any and all money expended pursuant to this Contract by SUBRECIPIENT, as well as
any remaining unexpended funds which shall be refunded to CITY within ten working
days of written notice to SUBRECIPIENT to revert these financial assets. The revision of
these financial assets shall be in addition to any other remedy available to CITY either at
law or in equity for breach of this Contract.
8. WARRANTIES
SUBRECIPIENT represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and furnished
to CITY, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written
notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financial condition of
SUBRECIPIENT on the date shown on said report, and the results of the operation for the
period covered by the report, and that since said date, there has been no material change,
adverse or otherwise, in the financial condition of SUBRECIPIENT.
C. No litigation or legal proceedings are presently pending or threatened against
SUBRECIPIENT.
D. None of the provisions herein contravene or are in conflict with the authority under which
SUBRECIPIENT is doing business or with the provisions of any existing indenture or
agreement of SUBRECIPIENT.
E. SUBRECIPIENT has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms
and conditions of this Agreement.
F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial
statements furnished by SUBRECIPIENT to CITY.
G. Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
9. COVENANTS
A. During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, SUBRECIPIENT shall not, without the prior written
consent of the Community Development Administrator or his authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any
pre - existing mortgages, liens, or other encumbrances to remain on, or attached to
any assets of SUBRECIPIENT which are allocated to the performance of this
Agreement and with respect to which CITY has ownership hereunder.
2. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or
claims for money due or to become due.
3. Sell, convey, or lease all or substantial part of its assets.
4. Make any advance or loan to, or incur any liability for any other firm, person, entity
or corporation as guarantor, surety, or accommodation endorser.
5. Sell, donate, loan or transfer any equipment or item of personal property purchased
with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such
transfer.
B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to
attend training sessions sponsored by the Community Development Division.
10. ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred directly and specifically in the
perfornance of and in compliance with this Agreement and in conformance with the
standards and provisions of Exhibits A and C.
B. Approval of SUBRECIPIENT'S project budget, Exhibit C, does not constitute prior
written approval, even though certain items may appear herein. CITY'S prior written
authorization is required in order for the following to be considered allowable costs:
I . CITY shall not be obligated to any third parties, including any subrecipients of
SUBRECIPIENT, and CITY funds shall not be used to pay for any contract
service extending beyond the expiration of this Agreement.
2. Out of town travel.
3. Any alterations or relocation of the facilities on and in which the activities specified
in Exhibit A are conducted.
4. Any alterations, deletions or additions to the Personnel Schedule incorporated in
Exhibit C.
5. Costs or fees for temporary employees or services.
6. Any fees or payments for consultant services.
7. Fees for attending out of town meetings, seminars or conferences.
Written requests for prior approval are SUBRECIPIENT'S responsibility and shall be
made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT
must obtain written approval by CITY prior to the commencement of procedures to solicit
or purchase services, equipment, or real or personal property. Any procurement or
purchase which may be approved under the terms of this Agreement must be conducted in
its entirety in accordance with the provisions of this Agreement.
C. Equipment purchased by SUBRECIPIENT will be affixed with an asset tag by a
Community Development representative and will remain in inventory for a period of five
(5) years. During inventory period the equipment, belonging to the Department of
Housing and Urban Development is to be used to carry out the proposed activities
described in the Statement of Work, Attachment A, and as such may not be sold, donated,
or destroyed. After the inventory period, ownership of the equipment will revert to the
SUBRECIPIENT with all rights thereof
11. PROGRAM INCOME
A. For purposes of this Agreement, program income means earnings of SUBRECIPIENT
realized from activities resulting from this Agreement or from SUBRECIPIENT'S
management of funding provided or received hereunder. Such earnings include, but are
not limited to, income from interest, usage of rental or lease fees, income produced from
contract - supported services of individuals or employees or from the use or sale of
equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and
payments from clients or third parties for services rendered by SUBRECIPIENT under
this Agreement.
B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income
in the same manner as required for other contract funds, and reported to CITY in the
format prescribed by CITY. CITY and SUBRECIPIENT agree, that any fees collected
for services performed by SUBRECIPIENT shall be used for payment of costs associated
with service provision. Revenue remaining after payment of all program expenses for
service provision shall be considered Program Income and shall be subject to all the
requirements of this Agreement and the regulations found at CFR 24, Section 570.504.
C. SUBRECIPIENT shall include this Section in its entirety in all of its sub - contracts which
involve other income producing services or activities.
D. It is SUBRECIPIENT'S responsibility to obtain from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the
performance thereof, constitutes program income. SUBRECIPIENT is responsible to
CITY for the repayment of any and all amounts determined by CITY to be program
income, unless otherwise approved in writing by CITY.
12. MAINTENANCE OF RECORDS
A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of funds received under this Agreement, in
compliance with the provisions of Exhibit B, attached hereto, and with any other
applicable Federal and State regulations establishing standards for financial management
including OMB circulars A -87, A -110, A -122 and A -133 as applicable; Title 24 CFR
Section 582 as it pertains to costs incurred, audits, program income, administration and
other activities and functions. SUBRECIPIENT'S record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure.
Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal
accountability and liability under any other provision of this Agreement or any applicable
law. SUBRECIPIENT shall include the substance of this provision in all subcontracts.
B. SUBRECIPIENT agrees to retain all books, records, documents, reports and written
accounting procedures pertaining to the operation of programs and expenditures of funds
under this Agreement for five years after all funds have been expended.
C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of
responsibility for retaining accurate and current records which clearly reflect the level and
benefit of services provided under this Agreement.
D. At any reasonable time and as often as CITY may deem necessary the SUBRECIPIENT
shall make available to CITY, the U. S. Department of Housing and Urban Development,
or any of their authorized representatives, all of its records and shall permit CITY, the U.
S. Department of Housing and Urban Development, or any of their authorized
representatives to audit, examine, make excerpts and copies of such records, and to
conduct audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data requested by said representatives.
13. REPORTS AND INFORMATION
At such times and in such form as CITY may require SUBRECIPIENT shall furnish
such statements, records, data and information as CITY may request and deem pertinent to
matters covered by this Agreement.
SUBRECIPIENT shall submit beneficiary and financial reports to the CITY, as
requested, at least once and not to exceed quarterly during the program year. The beneficiary
report shall detail client information, including race, income, female head of household and other
statistics required by the CITY. The financial report shall include information and data relative
to all programmatic and financial reporting as of the beginning date specified in Section 1 of this
Agreement. Beneficiary and financial reports shall be due to CITY within 15 working days after
request by CITY.
Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit a
copy of any audit conducted by independent examiners in accordance with Generally Accepted
Accounting Principles. If the SUBRECIPIENT receives more than $500,000 in federal
funding, the audit must be conducted in accordance with OMB Circular A -133 as applicable.
14. MONITORING AND EVALUATION
A. CITY shall perform on -site monitoring of SUBRECIPIENT'S performance under this
Agreement.
B. SUBRECIPIENT agrees that the CITY may carry out monitoring and evaluation
activities to ensure adherence by SUBRECIPIENT to the Statement of Work attached
hereto as Exhibit A, as well as other provisions of this Agreement.
C. SUBRECIPIENT agrees to cooperate fully with the CITY in the development,
implementation and maintenance of record - keeping systems and to provide data
determined by the CITY to be necessary for the CITY to effectively fulfill its monitoring
and evaluation responsibilities..
D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay the
CITY in such monitoring and to designate one of its staff to coordinate the monitoring
process as requested by CITY staff.
E. .After each official monitoring visit, the CITY shall provide the SUBRECIPIENT with a
written report of monitoring findings documenting findings and concerns that will require
a written response to the CITY. An acceptable response must be received by the CITY
within sixty (60) days from the SUBRECIPIENT'S receipt of the monitoring report or
audit review letter. Future contract payments can be withheld for the
SUBRECIPIENT'S failure to submit a response within sixty (60) days.
F. The SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by
any of the SUBRECIPIENT'S funding or regulatory bodies to the CITY within five
working days of receipt by the SUBRECIPIENT.
15. DIRECTOR'S MEETINGS
During the terms of this Agreement, at the request of the CITY, SUBRECIPIENT shall
cause to be delivered to the CITY copies of all notices of meetings of its Board of Directors,
setting forth the time and place thereof. Such notices, if so requested, shall be delivered to the
CITY in a timely manner to give adequate notice, and shall include an agenda and a brief
description of the matters to be discussed. SUBRECIPIENT understands and agrees that CITY
representatives shall be afforded access to all of the Board of Directors meetings.
Minutes of all meetings of the SUBRECIPIENT'S governing body shall be available,
and upon request, be provided to the CITY within ten days after Board approval.
16. INSURANCE
A. SUBRECIPIENT shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under
this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, and
the employees conducting these activities, shall be covered by liability insurance,
commonly referred to as Owner /Tenant coverage with the CITY named as additional
insured. Upon request of the SUBRECIPIENT, the CITY may, at its sole discretion,
approve alternate insurance coverage arrangements.
C. SUBRECIPIENT will comply with applicable workers compensation statues and will
obtain employers liability coverage where available and other appropriate liability
coverage for program participants, if applicable.
D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all
vehicles owned, leased or operated by SUBRECIPIENT. All employees of
SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of
their employment must possess a valid Texas driver's license and automobile liability
insurance. Evidence of the employee's valid Texas driver's license and automobile
liability insurance. Evidence of the employee's current possession of a valid license and
insurance must be maintained on a current basis in SUBRECIPIENT'S files.
E. Actual losses not covered by insurance as required by this Section are not allowable
under this Agreement, and remain the sole responsibility of the SUBRECIPIENT.
F. The policy or policies of insurance shall contain a clause which requires that the CITY
and the SUBRECIPIENT be notified in writing of any cancellation or change in policy
at least thirty (30) days prior to such change or cancellation.
17. CIVIL RIGHTS /EQUAL OPPORTUNITY
A. SUBRECIPIENT shall comply with all applicable equal opportunity and affirmative
action laws or regulations. The SUBRECIPIENT shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national
origin, gender, age or disability. The SUBRECIPIENT will take affirmative action to
insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay or other forms of compensation and selection for training, including apprenticeship.
B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and
will permit access to its books, records, and accounts for purposes of investigation to
ascertain compliance with local, state and Federal rules and regulations.
D. In the event of SUBRECIPIENT'S non - compliance with the non - discrimination
requirements, the CITY may cancel or terminate this Agreement in whole or in part, and
SUBRECIPIENT may be barred from further contracts with the CITY.
18. PERSONNEL POLICIES
Personnel policies shall be established by the SUBRECIPIENT and shall be available for
examination. Such personnel policies shall:
A. Be in writing and shall be approved by the governing body of the SUBRECIPIENT and
the CITY.
19. CONFLICT OF INTEREST
A. SUBRECIPIENT covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this Agreement.
SUBRECIPIENT further covenants that in the performance of this Agreement, no
person having such interest shall be employed or appointed as a member of its governing
body.
B. SUBRECIPIENT further covenants that no member of its governing body or its staff,
sub - recipients or employees shall possess any interest in or use his position for a purpose
that is or gives the appearance of being motivated by desire for private gain for himself or
others particularly those with which he has family, business, or other ties.
C. No officer, member, or employee of the CITY and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporations, partnership,
or association in which he or she has a direct or indirect interest.
20. NEPOTISM
SUBRECIPIENT shall not employ in any paid capacity any person who is a member of
the immediate family of any person who is currently employed by SUBRECIPIENT, or is a
member of SUBRECIPIENT'S governing board. The term member of immediate family
includes wife, husband, son, daughter, mother, father, brother, sister, in -laws, aunt, uncle,
nephew, niece, step parent, step - child, half - brother and half - sister.
21. POLITICAL OR SECTARIAN ACTIVITY
A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be
employed by the SUBRECIPIENT with funds advanced pursuant to this Agreement
shall be in any way or to any extent engaged in any conduct or political activity in
contravention of Chapter 15 of Title 5 of the United States Code.
B. The SUBRECIPIENT agrees that none of the funds or services provided directly or
indirectly under this Agreement shall be used for any partisan political activity or to
further the election or defeat of any candidate for public office, or for publicity, lobbying
and /or propaganda purposes designed to support or defeat pending legislation.
Employees of the SUBRECIPIENT connected with any activity that is funded in whole
or in part by funds provided to SUBRECIPIENT under this Agreement may not under
the term of this Agreement:
Use their official position or influence to affect the outcome of an election or
nomination.
2. Solicit contributions for political purposes; or
3. Take an active part in political management or in political campaigns.
SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein
as Exhibit E and if necessary, the Disclosure of Lobbying Activities provided by the CITY.
22. PUBLICITY
A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities
conducted by SUBRECIPIENT under this Agreement. In any news release, sign,
brochure, or other advertising medium, disseminating information prepared or distributed
by or for SUBRECIPIENT, the advertising medium shall state that the U. S. Department
of Housing and Urban Development's Community Development Block Grant Program
funding through the City of Beaumont has made the project possible.
B. All published material and written reports submitted under this project must be originally
developed material unless otherwise specifically provided in this Agreement. When
material not originally developed is included in a report, the report shall identify the
source in the body of the report or by footnote. This provision is applicable when the
material is in a verbatim or extensive paraphrase format.
All published material submitted under this project shall include the following reference
on the front cover or title page:
This document is prepared in accordance with the City of
Beaumont's Community Development Block Grant Program, with
funding received from the United States Department of Housing
and Urban Development.
C. All reports, documents, studies, charts, schedules or other appended documentation to
any proposal, content of basic proposal, or contracts and any responses, inquires,
correspondence and related material submitted by SUBRECIPIENT.
23. CHANGES AND AMENDMENTS
A. Any alterations, additions or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. SUBRECIPIENT may not make transfers between or among approved line items within
project budget categories set forth in Exhibit C without prior written approval of
CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form
prescribed by CITY, and such request for revision shall not increase the total monetary
obligation of CITY under this Agreement. In addition, budget revisions cannot
significantly change the nature, intent or scope of the program funded under this
Agreement.
C. SUBRECIPIENT will submit revised budget and program information, whenever the
level of funding for SUBRECIPIENT or the program(s) described herein is altered
according to the total levels contained in any portion of Exhibit C.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective
date specified by the law or regulation.
E. CITY may, from time to time during the term of the Agreement, request changes in
Exhibit A, which may include an increase or decrease in the amount of
SUBRECIPIENT'S compensation. Such changes shall be incorporated in a written
amendment hereto, as provided in Subsection A of this Section.
F. Any alterations, deletion, or additions to the Contact Budget Detail incorporated in
Exhibit C shall require the prior written approval of CITY.
G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least thirty (30) calendar days in advance of the
change.
H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board
composition.
24. SUSPENSION OF FUNDING
Upon determination by CITY of SUBRECIPIENT'S failure to timely and properly perform
each of the requirements, time conditions and duties provided herein, the CITY, without limiting
any rights it may otherwise have, may, at its discretion, and upon ten working days written notice
to SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be
given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The
notice shall set forth the default or failure alleged, and the action required for cure.
The period of such suspension shall be of such duration as is appropriate to accomplish
corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the
suspension period, if CITY determines the default or deficiency has been satisfied,
SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld
or impounded during the suspension period. If however, CITY determines that
SUBRECIPIENT has not come into compliance, the provisions of Section 25 may be
effectuated.
25. TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph.
I . SUBRECIPIENT'S failure to attain compliance during any prescribed period of
suspension as provided in Section 24.
2. SUBRECIPIENT'S failure to materially comply with any of the terms of this
Agreement.
3. SUBRECIPIENT'S violation of covenants, agreements or guarantees of this
Agreement.
4. Termination or reduction of funding by the United States Department of Housing
and Urban Development.
5. Finding by the CITY that SUBRECIPIENT
a. Is in such unsatisfactory financial condition as to endanger performance
under this Agreement.
b. has allocated inventory to this Agreement substantially exceeding
reasonable requirements;
C. is delinquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business.
6. Appointment of a trustee, receiver or liquidator for all or substantial part of
SUBRECIPIENT'S property, or institution of bankruptcy, reorganization,
rearrangement of or liquidation proceedings by or against SUBRECIPIENT.
"�. SUBRECIPIENT'S inability to conform to changes required by Federal, State
and local laws or regulations as provided in Section 4, and Section 23 (D), of this
Agreement.
8. The commission of an act of bankruptcy.
9. SUBRECIPIENT'S violation of any law or regulation to which
SUBRECIPIENT is bound or shall be bound under the terms of the Agreement.
A. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and
the effective date of termination. Simultaneous notice of pending termination may be
made to other funding sources specified in Exhibit C.
B. CITY may terminate this Agreement for convenience at any time. If CITY terminates
the Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed
the total of accrued expenditures as of the effective date of termination. In no event will
this compensation exceed an amount which bears the same ratio to the total compensation
as the services actually performed bears to the total services of SUBRECIPEENT covered
by the Agreement, less payments previously made.
C. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to
CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends
for performance hereunder. SUBRECIPIENT may opt, within the limitations of this
Agreement, to seek an alternative funding source, with the approval of CITY, provided
the termination by the outside funding source was not occasioned by a breach of contract
as defined herein or as defined in a contract between SUBRECIPIENT and the funding
source in question.
SUBRECIPIENT may terminate this Agreement upon the dissolution of
SUBRECIPIENT'S organization not occasioned by a breach of this Agreement.
D. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or
otherwise terminate any outstanding orders or subcontracts, which relate to the
performance of this Agreement. CITY shall not be liable to SUBRECIPIENT or
SUBRECIPIENT'S creditors for any expenses, encumbrances or obligations whatsoever
incurred after the termination date listed on the notice to terminate referred to in this
paragraph.
E. Notwithstanding any exercise by CITY of its right of suspension or termination,
SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by
CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may
withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of
damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined.
26. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any
person(s), firm, corporation or other entity against SUBRECIPIENT, SUBRECIPIENT
shall give written notice thereof to CITY within two working days after being notified of
such claim, demand, suit or other action. Such notice shall state the date and hour of
notification of any such claim, demand, suit or other action, the names and addresses of
the person(s), firm, corporation or other entity making such claim, or that instituted or
threatened to institute any type of action or proceeding, the basis of such claim, action or
proceeding, and the name of any person(s) against whom such claim is being made or
threatened. Such written notice shall be delivered either personally or by mail.
27. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that the CITY is contracting
with the SUBRECIPIENT as an independent SUBRECIPIENT and that as such,
SUBRECIPIENT shall save and hold CITY, its officers, agents and employees harmless
from all liability of any nature or kind, including costs and expenses for, or on account of,
any claims, audit exceptions, demands, suits or damages of any character whatsoever
resulting in whole or in part from the performance or omission of any employee, agent or
representative of SUBRECIPIENT.
B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless
CITY, its agents, employees, or SUBRECIPIENTs from any and all claims, suits,
causes of action, demands, damages, losses, attorney fees, expenses, and liability arising
out of the use of these contracted funds and program administration and implementation
except to the extent caused by the willful act or omission of CITY, its agents, employees,
or SUBRECIPIENTS.
28. NON - RELIGIOUS ACTIVITIES
The SUBRECIPIENT will provide all services under this Agreement in a manner that is
exclusively non - religious in nature and scope. There shall be no religious services, proselytizing,
instruction or any other religious preference, influence or discrimination in connection with
providing the services hereunder.
29. MISCELLANEOUS
A. SUBRECIPIENT shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder, to any party or parties, bank, trust
company or other financial institution without the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
C. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure
of CITY to insist in any one or more instances upon the terms and conditions of this
Agreement constitute or be construed in any way to be a waiver by CITY of any breach
of covenant or default which may then or subsequently be committed by
SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always specifically
preserved. No representative or agent of CITY may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding or other commitment antecedent to this Agreement, whether written or
oral, shall have no force or effect whatsoever; nor shall an agreement, assertion,
statement, understanding, or other commitment occurring during the term of this
Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an amendment of this
Agreement.
F. In the event any disagreement or dispute should arise between the parties hereto
pertaining to the interpretation or meaning of any part of this Agreement or its governing
rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to
the U. S. Department of Housing and Urban Development for matters of compliance, will
have the final authority to render or to secure an interpretation.
F. For the purpose of this Agreement, all official communications and notices among the
parties shall be deemed made if sent postage paid to the parties and addresses set forth
below:
TO CITY:
Mr. Kyle Hayes
City Manager
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704
TO SUBRECIPIENT:
Ms. Peg Gibson
Executive Director
Triangle Aids Network
P. O. Box 12279
Beaumont, TX 77726
G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court competent
jurisdiction sitting in Jefferson County Texas.
IN WITNESS OF WHICH this Agreement has been executed on this the day
of 2014.
CITY OF BEAUMONT:
BY:
Kyle Hayes, City Manager
Triangle Aids Network (TAN):
BY:
Date
ATTEST:
BY:
Tina Broussard, City Clerk
ATTEST:
BY:
C
RICH WITH OPPORTUNITY
IIICIA► 1111cl(
T• E• X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tyrone E. Cooper, City Attorney
September 16, 2014
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled Robert "Bobby" Lorraine vs. City of
Beaumont, Texas; Cause No. 122490.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled Robert "Bobby" Lorraine vs. City of Beaumont Texas in the amount of $32,000.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on August 26,
2014. The City Attorney is requesting authority to settle this suit.
BUDGETARY IMPACT
There are sufficient funds in the General Liability Fund to pay the settlement amount.
RESOLUTION NO.
WHEREAS, the lawsuit styled Robert "Bobby" Lorraine vs. City of Beaumont. Texas,
Cause No. 122490 discussed in Executive Session properly called and held Tuesday,
August 26, 2014; and,
WHEREAS, the City Attorney is requesting authority to settle this lawsuit;
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 City Attorney be, and he is hereby, authorized to settle the lawsuit styled
Robert "Bobby" Lorraine vs. City of Beaumont. Texas; Cause No. 122490, for the receipt
of the sum of Thirty -Two Thousand and XX /100 Dollars ($32,000.00); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the lawsuit.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
R11CF1 WITTI t' VPORTUNITV
i
T • E • X • A - $
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 16, 2014 1:30 P.M.
AGENDA
CALL TO ORDER
Invocation Pledge Roll Call
Presentations and Recognition
Public Comment: Persons may speak on scheduled agenda items 1 -4 /Consent
Agenda
Consent Agenda
GENERAL BUSINESS
I . Consider a resolution authorizing the City Manager to enter into a contract with
the Texas Water Development Board to receive funding for the Flood Mitigation
Assistance Project Grant
2. Consider a resolution authorizing the annulment of the award to G & G
Enterprises of Beaumont for the construction of the Hike & Bike Trail — Phase II
Project
3. Consider a resolution authorizing the conditional award of a bid pending TxDOT
concurrence to Bruce's General Construction, Inc. of Beaumont for the
construction of the Hike & Bike Trail — Phase II project
4. Consider a resolution approving the award of a contract to Rural Pipe and Supply,
Inc. of Jasper for the purchase of brass fittings and gate valves to be used by the
Water Utilities Department
PUBLIC HEARING
* Receive comments on the 2014 (FY 2015) Proposed Tax Rate
COMMENTS
* Councilmembers /City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting.
H
September 16, 2014
Consider a resolution authorizing the City Manager to enter into a contract with the Texas Water
Development Board to receive funding for the Flood Mitigation Assistance Project Grant
RICH WITH OPPORTUNITY
11L A. 11 1�1 C1 11 (
T• E - X• A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Chris Boone, Director of Planning & Community
Development
September 16, 2014
REQUESTED ACTION: Council consider authorizing the City Manager to enter into
a contract with the Texas Water Development Board
(TWDB) to receive $965,626 in funding for the Flood
Mitigation Assistance Project Grant.
BACKGROUND
In the past, the City has utilized grant funding to provide relief to victims of flooding by offering to
purchase their homes. Following Hurricane Ike, twelve (12) families benefited from the buyout
program and in 2010, six (6) homes benefited from the program. In this current round of Flood
Mitigation Assistance funding, the City has applied for and been granted funds in order to offer the
owner of the apartment complex at 2505 Sweetgum a buyout opportunity. This property was
selected as it is identified as a priority property on the Severe Repetitive Loss list. As with any
flood buyout program, participation is strictly voluntary. This grant is part of the Federal
Emergency Management Agency (FEMA) work program but is administered in Texas by the
"TWDB.
FUNDING SOURCE
Funds for the program, including application, acquisition, relocation and demolition would be
available through this grant from the Texas Water Development Board, with no required local
match by the City.
RECOMMENDATION
Approval of the resolution.
Texas Water
Development Board
P.O. Box 13231, 1700 N. Congress Ave.
Austin, TX 78711 -3231, www.twdb.texas.gov
Phone (512) 463 -7847, Fax (512) 475 -2053
September 12, 2014
Adina Ward
Planner II / Floodplain Administrator
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704 -3827
RE: Flood Mitigation Assistance Project Grant Contract between the Texas Water Development Board
(TWDB) and the City of Beaumont, Texas (City), TWDB Contract No. 1300011734
Dear Ms. Ward:
Enclosed are two originals of the Flood Mitigation Assistance Project Grant Contract between the TWDB and the City.
The deadline for execution of this contract is September 25, 2014,
The Total Study Cost of this project is $965,626.00. TWDB funding will not exceed the lesser of $965,626.00 or
100% of the project cost. After executing both originals, please return both original copies to the attention of
Contract Administration, at the address shown above. The TWDB will execute and sign the contracts upon their
return and deliver one copy to you for your records.
Please complete and return the Vendor /Payee Direct Deposit Authorization Form (Form 74 -176) and the Payment
Destination Confirmation Form (74 -227) located at:
httpsa ifmK.epa. state. tx.us'mt /fmx /forms /pa ry Went services /index.php. The State of Texas encourages all grant
recipients to use Direct Deposit. In addition, if you have never received payment from the State of Texas, you will
need to complete the Application for Texas Identification Number (AP -152) which is available at the same web
address.
Please note: Copies of all subcontract agreements between the City and the subcontractor must be submitted for
TWDB approval. Subcontractor expenses cannot be reimbursed until the subcontractor agreement is accepted in
writing by the TWDB. For your information and use, please obtain a copy of our Subcontracting Guidelines and
U
eneric Payment Request Checklist at: h_ ttf://www .twdb.texas.(ov /abouticontract admin /index.asp.
If you have any questions concerning the contract, please contact Ms. Kathy Hopkins, the TWDB's designated
Contract Manager for this contract, at (512) 463 -6198.
Sincerely,
Kevin Patteson
Executive Administrator
Enclosures
Kathy Hopkins.. TWDB
Our Mission Board Members
To provide leadership, information, education, and Carlos Rubinstein, Chairman I Bech Bruun, Member I Kathleen Jackson, Member
support for planning, financial assistance, and :
outreach for the conservation and responsible
development of water for Texas Kevin Patteson, Executive Administrator
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract, substantially
in the form attached hereto as Exhibit "A," with the Texas Water Development Board to
receive up to $965,626 for the Federal Emergency Management Agency (FEMA) Flood
Mitigation Assistance Project Grant.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
STATE OF TEXAS TWDB Contract No. 1300011734
COUNTY OF TRAVIS Flood Mitigation Assistance
Project Grant
CITY OF BEAUMONT, TEXAS
This Contract (hereinafter CONTRACT) is entered into by and between the TEXAS WATER
DEVELOPMENT BOARD, the Grantee serving as the administrator of the Federal Emergency
Management Agency's Flood Mitigation Assistance Program, and the City of Beaumont, Texas,
the Subgrantee.
SECTION L SPECIFIC CONDITIONS AND EXCEPTIONS
TO STANDARD AGREEMENT
ARTICLE I. DEFINITIONS: For the purposes of this CONTRACT, the following terms or
phrases shall have the meaning ascribed therewith:
1. TWDB - The Texas Water Development Board, or its designated representative
2. FEMA - Federal Emergency Management Agency
3. FMA — Flood Mitigation Assistance Program
4. CONTRACTOR — City of Beaumont, Texas
5. EXECUTIVE ADMINISTRATOR - The Executive Administrator for the TWDB or a
designated representative
6. PARTICIPANTS — NIA
7. REQUIRED INTERLOCAL AGREEMENT(S) — N/A
8. FEMA APPROVAL AWARD DATE — May 28, 2014
9. TWDB APPROVAL DATE — March 17, 2014
10. PROJECT AREA — The project area is more specifically defined in Exhibit B (the
original grant application).
11. DEADLINE FOR CONTRACT EXECUTION — September 25, 2014
12. CONTRACT EFFECTIVE DATE — July 19, 2013
13. PROJECT COMPLETION DATE — January 9, 2017
TWDB Contract No. 1300011734
Section I, Page 1 of 2
EXHIBIT "A"
14. TOTAL PROJECT COSTS - $965,626.00
15. FEDERAL SHARE OF THE TOTAL PROJECT COSTS - Not to exceed $965,626.00
or 100% of eligible expenses.
16. LOCAL SHARE OF THE TOTAL PROJECT COSTS — $0.00 or 0% of eligible
expenses.
17. PAYMENT REQUEST SUBMISSION SCHEDULE — Quarterly
18. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD
AGREEMENT OF THIS CONTRACT — All costs must be incurred during the period of
performance unless pre -award costs are approved. A total of $5,000.00 in pre -award
expenses is an allowable expense and shall be considered for reimbursement under this
CONTRACT.
TWDB Contract No. 130001 1734
Section I, Page 2 of 2
SECTION II. STANDARD AGREEMENT
ARTICLE I. RECITALS
WHEREAS, the CONTRACTOR applied through the TWDB for a FEMA project grant under
the FMA. program to mitigate specific flood problems as identified in Exhibit B, the original
grant application which is incorporated herein and made a permanent part of this CONTRACT;
WHEREAS, the CONTRACTOR and PARTICIPANTS will commit cash and /or in -kind
services to pay for the LOCAL SHARE OF THE TOTAL PROJECT COSTS;
WHEREAS, the CONTRACTOR is the entity that will receive grant funds and will be
responsible for the execution of this CONTRACT and compliance with FMA requirements;
WHEREAS, on the FEMA APPROVAL AWARD DATE, FEMA approved the
CONTRACTOR's application for financial assistance;
NOW, THEREFORE, the TWDB and the CONTRACTOR agree as follows:
ARTICLE II. AGREEMENTS
The United States of America, through the Director of FEMA, has agreed to fund to the
CONTRACTOR, through the TWDB, the FEDERAL SHARE OF THE TOTAL
PROJECT COSTS. By acceptance of the funds awarded, the CONTRACTOR agrees to
abide by the terms and conditions of this CONTRACT as set forth in this document and
the documents identified therein and made a part hereof by reference.
2. Services and activities provided under this CONTRACT shall be in strict compliance
with the requirements of the Texas Government Code, Chapter 742, as well as Exhibit A,
FEMA Award Package, which provides for state coordination of local applications for
Federal funds.
The CONTRACTOR will provide flood mitigation assistance to the PROJECT AREA, as
delineated and described in the original application (Exhibit B), according to the scope of
work contained in Exhibit C.
4. The CONTRACTOR has until the DEADLINE FOR CONTRACT EXECUTION to
execute this CONTRACT and provide acceptable evidence of any REQUIRED
INTERLOCAL AGREEMENT'S, if applicable, to the EXECUTIVE ADMINISTRATOR
for approval or the FEDERAL SHARE OF THE TOTAL PROJECT COSTS will be
rescinded.
TWDB Contract No. 1300011734
Section 11, Page 1 of 13
ARTICLE III. PERIOD OF PERFORMANCE
The period of performance of this CONTRACT shall be from the CONTRACT EFFECTIVE
DATE to the PROJECT COMPLETION DATE, unless otherwise amended.
ARTICLE IV. FEDERAL LAWS AND RULES THAT APPLY
FEMA requires all grant recipients to comply with Federal laws and rules. These Federal laws
and rules are listed in Article VIII of the FEMA award package (Exhibit A) which is incorporated
herein and made a permanent part of this CONTRACT. CONTRACTOR will comply with all
Federal laws and rules listed in Exhibit A. Copies of those Federal laws and rules are available
upon request.
ARTICLE V. GENERAL TERMS AND CONDITIONS
The specific terms and conditions of this CONTRACT are as follows:
The TWDB shall reimburse the CONTRACTOR for costs determined by FEMA to be
allowable, allocable, and reasonable in accordance with OMB Circular A -87; Cost
Principles for State and Local Governments.
2. The CONTRACTOR shall follow matching or cost sharing requirements found in 44
CFR Part 13.24, of the Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
The project will be administered by the CONTRACTOR as per the Hazard Mitigation
Assistance (HMA) Unified Guidance in effect when the application (Exhibit B) was
submitted to FEMA which is available at www.fema.gov.
4. The CONTRACTOR shall transfer to the TWDB, for return to FEMA, the appropriate
share, based on the Federal support percentage, of any refund, rebate, credit or other
accounts arising from the performance of this CONTRACT, along with accrued interest,
if any. The CONTRACTOR shall take necessary action to effect prompt collection of all
monies due or which may become due and to cooperate with the TWDB and FEMA in
any claim or suit in connection with the amounts due.
Prior to the start of any construction activity, the CONTRACTOR shall ensure that all
applicable Federal, State, and local permits and clearances are obtained.
TW "DB Contract No. 130001 1734
Section If, Page 2 of 13
6. Co t. The TWDB and FEMA reserve a royalty -free nonexclusive and irrevocable
right to reproduce, publish, or otherwise use, and to authorize others to use, the work for
governmental purposes. Any publication resulting from work performed under this
CONTRACT shall include an acknowledgement of FEMA financial support and a
statement that the publication does not necessarily reflect the views of FEMA or the
TWDB.
No subsequent grant /cooperative agreements, monetary increase amendments or time
extension amendments will be approved unless all overdue financial or performance
reports have been submitted by the CONTRACTOR to the TWDB. Exceptions to this
policy can be approved only by FEMA.
8. The CONTRACTOR agrees by accepting funds under this CONTRACT to comply with
all provisions of 44 CFR 13.32, Equipment. FEMA Form 20 -18, Government Property
form, is to be used to report Government Property. Instructions on which property items
are to be reported should be provided in writing by FEMA.
9. NO Debt Against the State. This CONTRACT does not create any debt by or on behalf of
the State of Texas and the TWDB. The TWDB's obligations under this CONTRACT are
contingent upon the availability of appropriated funds and the continued legal authority of
the TWDB to enter into this CONTRACT.
10. Independent Contractor and Insurance. For the purposes of this CONTRACT, the
CONTRACTOR will be considered an independent contractor and, therefore, solely
responsible for liability resulting from negligent acts or omissions and shall act in an
individual capacity and not as agents, employees, partners, joint ventures or associates of
one another. The employees or agents of one party shall not be deemed or construed to
be the employees or agents of the other party for any purposes whatsoever. The
CONTRACTOR shall obtain all necessary insurance, in the judgment of the
CONTRACTOR, to protect itself, from liability arising out of this CONTRACT.
11. Procurement Laws. The CONTRACTOR shall comply with applicable State of Texas
procurement laws, rules and policies, including but not limited to competitive bidding
and the Professional Services Procurement Act, Government Code, Chapter 2254,
relating to contracting with persons whose services are within the scope of practice of:
accountants, architects, landscape architects, land surveyors, medical doctors,
optometrists, professional engineers, real estate appraisers, professional nurses, and
certified public accountants.
TWDB Contract No. 130001 1734
Section 11, Page 3 of 13
I 2. Right to Audit. The CONTRACTOR and its subcontractors shall maintain all financial
accounting documents and records, including copies of all invoices and receipts for
expenditures, relating to the work under this CONTRACT. CONTRACTOR shall make
such documents and records available for examination and audit by the Executive
Administrator or any other authorized entity of the State of Texas. CONTRACTOR's
financial accounting documents and records shall be kept and maintained in accordance
with generally accepted accounting principles for a minimum of three years following the
completion of the CONTRACT. By executing this CONTRACT, the CONTRACTOR
accepts the authority of the Texas State Auditor's Office to conduct audits and
investigations in connection with all state funds received pursuant to this CONTRACT.
The CONTRACTOR shall comply with directives from the Texas State Auditor and shall
cooperate in any such investigation or audit. The CONTRACTOR agrees to provide the
Texas State Auditor with access to any information the Texas State Auditor considers
relevant to the investigation or audit. The CONTRACTOR also agrees to include a
provision in any subcontract related to this CONTRACT that requires the subcontractor
to submit to audits and investigation by the State Auditor's Office in connection with all
state funds received pursuant to the subcontract.
13. Force Majeure. Unless otherwise provided, neither CONTRACTOR nor the TWDB nor
any agency of the State of Texas, shall be liable to the other for any delay in, or failure of
performance, of a requirement contained in this CONTRACT caused by force majeure.
The existence of such causes of delay or failure shall extend the period of performance
until after the causes of delay or failure have been removed provided the non - performing
party exercises all reasonable due diligence to perform. Force majeure is defined as acts
of God, war, strike, fires, explosions, or other causes that are beyond the reasonable
control of either party and that by exercise of due foresight such party could not
reasonably have been expected to avoid, and which, by the exercise of all reasonable due
diligence, such party is unable to overcome. Each party must inform the other in writing
with proof of receipt within five (5) business days of the existence of such force majeure
or otherwise waive this right as a defense.
14. Severance Provision. Should any one or more provisions of this CONTRACT be held to
be null, void, voidable, or, for any reason whatsoever, of no force and effect, such
provision(s) shall be construed as severable from the remainder of this CONTRACT and
shall not affect the validity of all other provisions of this CONTRACT which shall remain
in full force and effect.
15. Registration Requirement. Pursuant to the FEDERAL FUNDING ACCOL'NTABIL[TY AND
TRANSPARENCY ACT OF 2006, Pub. L. 109 -282, the CONTRACTOR will be required to
obtain a Data Universal Numbering System (DUNS) Number and register with Central
Contractor Registration (CCR), and maintain current registration at all times through the
System for Award Management (www.sam.gov) during which this Agreement is in
effect.
TWDB Contract No. 130001 1734
Section 1[, Page of 13
16. Indemnification. The CONTRACTOR shall indemnify and hold the TWDB and the State
of Texas harmless, to the extent the CONTRACTOR may do so in accordance with state
law, from any and all losses, damages, liability, or claims therefore, on account of
personal injury, death, or property damage of any nature whatsoever caused by the
CONTRACTOR, arising out of the activities and work conducted pursuant to this
CONTRACT. The CONTRACTOR is solely responsible for liability arising out of its
negligent acts or omissions during the performance of this CONTRACT. This agreement
does not create any third party cause of action and the CONTRACTOR does not waive
any immunity available under state law.
ARTICLE VI. STANDARDS OF PERFORMANCE.
Personnel. CONTRACTOR shall assign only qualified personnel to perform the services
required under this CONTRACT. CONTRACTOR shall be responsible for ensuring that
any subcontractor utilized shall also assign only qualified personnel. Qualified personnel
are persons who are properly licensed to perform the work and who have sufficient
knowledge, skills and ability to perform the tasks and services required herein according
to the standards of performance and care for their trade or profession.
2. Professional Standards. CONTRACTOR shall provide the services and deliverables in
accordance with applicable professional standards. CONTRACTOR represents and
warrants that he is authorized to acquire subcontractors with the requisite qualifications,
experience, personnel and other resources to perform in the manner required by this
CONTRACT.
Antitrust. CONTRACTOR represents and warrants that neither CONTRACTOR nor any
firm, corporation, partnership, or institution represented by CONTRACTOR, or anyone
acting for such firm, corporation, partnership, or institution has (1) violated the antitrust
laws of the State of Texas under the Texas Business & Commerce Code, Chapter 15, of
the Federal antitrust laws; or (2) communicated directly or indirectly the proposal
resulting in this CONTRACT to any competitor or other person engaged in such line of
business during the procurement process for this CONTRACT.
4. Conflict of Interest. CONTRACTOR represents and warrants that CONTRACTOR has
no actual or potential conflicts of interest in providing the deliverables required by this
CONTRACT to the State of Texas and the TWDB. CONTRACTOR represents that the
provision of services under this CONTRACT will not create an appearance of
impropriety. CONTRACTOR also represents and warrants that, during the term of this
CONTRACT., CONTRACTOR will immediately notify the TWDB, in writing, of any
potential conflict of interest that could adversely affect the TWDB by creating the
appearance of a conflict of interest.
"TWDB Contract No. 130001 1734
Section 11, Page 5 of 13
CONTRACTOR represents and warrants that neither CONTRACTOR nor any person or
entity that will participate financially in this CONTRACT has received compensation
from the TWDB or any agency of the State of Texas for participation in the preparation of
specifications for this CONTRACT. CONTRACTOR represents and warrants that he has
not given, offered to give, and does not intend to give at any time hereafter, any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service
to any public servant in connection with this CONTRACT.
6. Proprietary and Confidential Information. CONTRACTOR warrants and represents that
any information that is proprietary or confidential, and is received by CONTRACTOR
from the TWDB or any governmental entity, shall not be disclosed to third parties
without the written consent of the TWDB or applicable governmental entity, whose
consent shall not be unreasonably withheld.
7. Public Information Act. CONTRACTOR acknowledges and agrees that all documents, in
any media, generated in the performance of work conducted under this CONTRACT are
subject to public disclosure under the Public Information Act, Government Code, Chapter
552. CONTRACTOR shall produce all documents upon request of the TWDB within
two (2) business days when the documents are required to comply with a request for
information under the Public Information Act.
S. Accurate and Timely Record Keeping. CONTRACTOR warrants and represents that he
will keep timely, accurate and honest books and records relating to the work performed
and the payments received under this CONTRACT according to generally accepted
accounting standards. Further, CONTRACTOR agrees that he will create such books and
records at or about the time the transaction reflected in the books and records occurs.
9. Dispute Resolution. The CONTRACTOR and the TWDB agree to make a good faith
effort to resolve any dispute relating to the work required under this CONTRACT
through negotiation and mediation as provided by Government Code, Chapter 2260
relating to resolution of certain contract claims against the state. The CONTRACTOR
and the TWDB further agree that they shall attempt to use any method of alternative
dispute resolution mutually agreed upon to resolve any dispute arising under this
CONTRACT if this CONTRACT is not subject to Chapter 2260.
10. Contract Administration. The TWDB shall designate a contract manager for this
CONTRACT. The contract manager will serve as the point of contact between the
TWDB and CONTRACTOR. The TWDB's contract manager shall supervise the
TWDB's review of CONTRACTOR's technical work, deliverables, draft reports, the
final report, payment requests,�schedules, financial and budget administration, and similar
matters. The contract manager does not have any express or implied authority to vary the
terms of the CONTRACT, amend the CONTRACT in any way or waive strict
performance of the terms or conditions of the CONTRACT.
TWDB Contract No. 1300011734
Section 11, Page 6 of 13
ARTICLE VII. DISTRIBUTING GRANT FUNDS
The TWDB agrees to compensate and reimburse the CONTRACTOR in a total amount
not to exceed the FEDERAL SHARE OF THE TOTAL PROJECT COSTS for costs
incurred and paid by the CONTRACTOR pursuant to performance of this CONTRACT.
The CONTRACTOR will contribute local matching funds in sources and amounts
defined as the LOCAL SHARE OF THE TOTAL PROJECT COSTS. The TWDB shall
reimburse the CONTRACTOR for one hundred percent (100 %) of FEDERAL SHARE
OF THE TOTAL PROJECT COSTS of each invoice up to ninety percent (90 %) of the
total FEDERAL SHARE pending the CONTRACTOR's performance and TWDB's
review and approval of project completion according to the specific close -out
requirements for FMA, at which time the TWDB shall pay the remaining ten percent
(10 %) to the CONTRACTOR.
Notwithstanding the above referenced paragraph, the TWDB may provide advance funds
to the CONTRACTOR in order to minimize the time elapsing between the transfer of
funds and their disbursement by the CONTRACTOR. Such advance shall be in
compliance with FEMA regulations, including but not limited to 44 CFR § 13.21(c). The
CONTRACTOR understands and agrees that it has no right to such advances, but that
TWDB, in its sole discretion, may from time to time agree to advance payments.
2. Requests for advance or reimbursement of subcontractor expenses will only be
considered where such subcontracts or agreements have been approved by the
EXECUTIVE ADMINISTRATOR as described herein. The EXECUTIVE
ADMINISTRATOR must provide written review and approval of contracts or agreements
between the CONTRACTOR and subcontractor(s) and between such subcontractors and
any other subcontractors prior to CONTRACTOR finalizing such subcontracts or
agreements. The purpose of this review is solely to ensure that the subcontracts and
agreements are consistent with this CONTRACT and that the rights of the TWDB are
protected. CONTRACTOR understands that CONTRACTOR should obtain its own
legal review of subcontracts and agreements that CONTRACTOR enters into.
CONTRACTOR agrees that the TWDB assumes no legal obligations under its
subcontracts or agreements and is merely a third -party beneficiary of the same. Each
subcontract or agreement shall include a detailed budget estimate with specific cost
details for each task or specific item of work to be performed by the subcontractor and for
each category of reimbursable expenses. The subcontracts shall conform to the terms of
the CONTRACT and include provisions which require subcontractor compliance with
TWDB rules. The CONTRACTOR must adhere to all requirements in state law and
TWDB rules pertaining to the procurement of professional services. Subcontracts for
surveying activities will not be required.
TWDB Contract No. 130001 1734
Section 11, Page 7 of 13
The CONTRACTOR shall submit advance or payment requests and the required
documentation for reimbursement according to the PAYMENT REQUEST
SUBMISSION SCHEDULE and in accordance with the approved task and expense
budgets contained in Exhibit D to this CONTRACT.
4. The CONTRACTOR has budget flexibility within task and expense budget categories to
the extent that the resulting change in amount, in any one task or expense category, does
not exceed 10% of the total authorized amount by this CONTRACT. Larger deviations
shall require approval by EXECUTIVE ADMINISTRATOR_ or designee and FEMA (as
per 44 CFR Part 13.30 of the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments) which will be documented
through an Approved Budget Memorandum to the TWDB contract file. The
CONTRACTOR will be required to provide written explanation for the overage and
reallocation of the task and expense amount.
For all reimbursement requests, including any subcontractor's expenses, the EXECUTIVE
ADMINISTRATOR must have determined that the REQUIRED INTERLOCAL
AGREEMENT(S) and contracts or agreements between the CONTRACTOR and the
subcontractors are consistent with the terms of this CONTRACT. The CONTRACTOR
is fully responsible for paying all charges by subcontractors prior to reimbursement by the
TWDB.
5. The CONTRACTOR and its subcontractors shall maintain satisfactory financial
accounting documents and records, including copies of invoices and receipts, and shall
make them available for examination and audit by the EXECUTIVE
ADMINISTRATOR. Accounting by the CONTRACTOR and its subcontractors shall be
in a manner consistent with Generally Accepted Accounting Principles (GAAP).
b. Once the CONTRACTOR chooses the advance method for distribution of grant funds
and submits a Request for Advance Checklist to the EXECUTIVE ADMINISTRATOR,
TWDB will advance to the CONTRACTOR the amount shown in Section I, Item 18, if
applicable, but not to exceed the percent of the FEDERAL SHARE OF THE TOTAL
PROJECT COSTS.
7. When CONTRACTOR has incurred expenses sufficient to reconcile the advance
received, the CONTRACTOR will submit a Request for Advance Checklist to the
EXECUTIVE ADMINISTRATOR for another advance of the FEDERAL SHARE OF
THE TOTAL PROJECT COSTS. The CONTRACTOR will attach to the Request for
Advance Checklist, the most recent written performance report described in Article IX,
Item 1 of this Section and the documentation listed in Item 8 below. Any expenses
incurred by the CONTRACTOR above the amount of the previous advance will be
reimbursed to the CONTRACTOR based on the percentage of the FEDERAL SHARE
OF THE TOTAL PROJECT COSTS of this CONTRACT.
TWDB Contract No. 130001 1734
Section 11, Page 8 of 13
8. For reimbursement, the CONTRACTOR will submit a Payment Request Checklist and
the documentation listed below, according to the PAYMENT SUBMISSION
SCHEDULE. The Payment Request package will include the following:
a. The most recent written performance report required by Article IX, Item 1 of this
Section,
b. Summary of total expenses incurred and amounts paid, including the following
information:
I . CONTRACTOR's Vendor Identification Number;
2. TWDB Contract Number;
3. The reimbursement period: beginning (date) through ending (date);
4. TOTAL PROJECT COSTS for the reimbursement period broken down by budget
categories contained in Exhibit D;
5. Total In -kind services, if applicable;
6. Less LOCAL SHARE OF THE TOTAL PROJECT COSTS for the billing period,
if applicable;
7. Total FEDERAL SHARE OF THE TOTAL PROJECT COSTS for the billing
period;
8. Total costs to be reimbursed by the TWDB for the billing period; and
9. Certification, signed by the CONTRACTOR's authorized representative, that the
expenses submitted for the reimbursement period are a true and correct
representation of amounts paid for work performed directly related to this
CONTRACT;
c. For direct expenses incurred by the CONTRACTOR for subcontracted work:
• Copies of invoices from the subcontractor to the CONTRACTOR and proof of
payment;
• A spreadsheet showing the tasks that were performed; the percent and cost of each
task completed; a total cost figure for each direct expense category contained in
Exhibit D; and the total dollar amount paid to and due to the subcontractors. Any
payments of expenses which the CONTRACTOR withholds from a subcontractor
for the purposes of retainage, shall be considered to have been paid by the
CONTRACTOR for purposes of determining expenses paid under the previous
sentence; and
• Copies of detailed, itemized invoices /receipts for other expenses (credit card
summary receipts or statements are not acceptable)
d. For direct expenses incurred by the CONTRACTOR other than subcontracted work:
• A spreadsheet showing the tasks that were performed, the percent and cost of each
task completed, and a total cost figure for each direct expense category contained
in Exhibit D; and
• Copies of detailed, itemized invoices /receipts for other expenses (credit card
summary receipts or statements are not acceptable)
e. For travel expenses for the CONTRACTOR and /or subcontractors —
• Names, dates, work locations, time periods at work locations, itemization of and
receipts for subsistence expenses of each employee, limited, however, to travel
TWDB Contract No. 130001 1734
Section 11, Page 9 of 13
expenses authorized for state employees by the General Appropriations Act, Tex.
Leg. Regular Session, 2013, Article IX, Part 5, as amended or superseded.
Receipts required for lodging;
Copies of invoices or receipts for transportation costs or, if mileage costs, names,
dates, and points of travel of individuals; and
All other reimbursable travel expenses -- invoices or purchase vouchers showing
reason for expense with receipts to evidence the amount incurred.
9. No later than forty -five (45) days after the PROJECT COMPLETION DATE, the
CONTRACTOR will provide a final reconciliation of expended amounts under the
CONTRACT.
10. Within thirty (30) days of the EXECUTIVE ADMINISTRATOR's final accounting of the
amounts expended by the CONTRACTOR and the amounts advanced by the TWDB to the
CONTRACTOR, the CONTRACTOR will refund to the TWDB any advances not used for
expenses approved by the EXECUTIVE ADMINISTRATOR. If the amounts expended by
the CONTRACTOR exceed the amounts advanced by the TWDB, the EXECUTIVE
ADMINISTRATOR will provide such differences to the CONTRACTOR, if not in excess of
the FEDERAL SHARE OF THE TOTAL PROJECT COSTS.
11. Reimbursement Requests that lack required documentation will be denied or short paid if
deficiencies are not resolved within ten (10) business days. Denied Reimbursement Requests
or eligible expenses that were short paid must be resubmitted by the CONTRACTOR with
the required documentation to be reconsidered for reimbursement.
12. If for some reason the reimbursement request cannot be processed due to the need for an
amendment to the CONTRACT, the CONTRACTOR will be required to resubmit the
Payment Request Checklist dated after the execution of the amendment.
13. The CONTRACTOR is responsible for any food or entertainment expenses incurred by its
own organization or that of its subcontractors, outside that of the travel expenses authorized
and approved by the State of Texas under this CONTRACT.
14. The CONTRACTOR is responsible for submitting any final payment request and
documentation for reimbursement, along with a request to release any, retained funds, no later
than 45 days following the PROJECT COMPLETION DATE. Failure to submit a timely
final payment request may result in the release of the retained funds to the CONTRACTOR
and a lapse and closure of any other remaining funding under this CONTRACT.
'i'wDB Contract No. 1300011734
Section II, Page 10 of 13
ARTICLE VIII. FINANCIAL REPORTS
The CONTRACTOR shall submit one copy of the TWDB Quarterly Financial Report
(TWDB QFR) either through the mail to Contracting and Purchasing or by email to
contractsLawdb. texas. gov within fifteen (15) days following the end of each quarter of the
project with the exception of the final Financial Status Report, which shall be due forty -five
(45) days after PROJECT COMPLETION DATE.
2. If applicable, the CONTRACTOR shall submit all other reporting requirements as stated in
Exhibit A of this CONTRACT.
ARTICLE IX. PERFORMANCE REPORTING
Quarter] . The CONTRACTOR shall submit an original quarterly Performance Report
(FEMA Form 20 -22, Narrative Statement Report form) and any supporting
documentation to the TWDB's contract manager within fifteen (15) days following the
end of each quarter in accordance with Article V, Item 3
2. Final Report. The CONTRACTOR shall submit an original final Performance Report
(FEMA Form. 20 -22, Narrative Statement Report form) and any supporting
documentation which details all the work performed under the CONTRACT according to
the specific close -out requirements according to Article V, Item 3. The report shall be
submitted to the TWDB's contract manager within forty -five (45) days following
PROJECT COMPLETION DATE.
ARTICLE X. AMENDMENT, TERMINATION, AND STOP ORDERS
Notice. Notwithstanding any other provision herein, the EXECUTIVE
ADMINISTRATOR may terminate this CONTRACT without cause in whole or in part
by providing written notice to CONTRACTOR.
2. Discontinuation of Work. Upon receiving notice of termination, CONTRACTOR will
discontinue work in accordance with the EXECUTIVE ADMINISTRATOR'S
termination instructions.
Further, CONTRACTOR will delay or terminate all applicable orders and subcontracts.
3. Unpaid Balances. In the event that this CONTRACT is terminated, the TWDB's only
liability will be to pay CONTRACTOR the unpaid balance due CONTRACTOR for work
actually performed.
TWDB Contract No. 130001 1734
Section 11, Page I 1 of 13
4. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to the
CONTRACTOR at any time. Upon receipt of such order, the CONTRACTOR shall
discontinue all work under this CONTRACT and cancel all orders pursuant to this
CONTRACT, unless the order directs otherwise. If the EXECUTIVE
ADMINISTRATOR does not issue a Restart Order within sixty (60) days after receipt by
the CONTRACTOR of the Stop Work Order, the TWDB retains the rights to terminate in
accordance with the foregoing provisions.
5. The EXECUTIVE ADMINISTRATOR can extend the PROJECT COMPLETION DATE
upon written approval from FEMA. The CONTRACTOR should notify the
EXECUTIVE ADMINISTRATOR in writing within ninety (90) days prior to the
PROJECT COMPLETION DATE if an extension is required.
6. If termination of the CONTRACT occurs, the procedures described in 44 CFR Part 13,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments will be followed.
ARTICLE XI. CORRESPONDENCE, REPORTS, AND REIMBURSEMENTS
All correspondence, reports, and reimbursements related to this CONTRACT shall be made to
the following addresses:
For the TWDB:
Contract Issues:
Texas Water Development Board
Attention: Contract .Administration
P.O. Box 13231
Austin, Texas 78711 -3231
Email: contracts(c-r%twdb.texas.,ov
Payment Request Submission:
Texas Water Development Board
Attention: Accounts Payable
P.O. Box 13231
Austin, Texas 78711 -3231
Email: 1nvo1ce(ci twdb. texas. gov
Physical Address:
Stephen F. Austin State Office Building
1700 N. Congress Avenue
Austin, Texas 78701
For the CONTRACTOR:
Contract Issues:
Adina Ward
Planner lI I Floodplain Administrator
P.O. Box 3827
Beaumont, Texas 77704 -3827
Email: award(&,,ci.beauinont.tx.us
Phone: 409 -880 -3764; Fax: 409- 880 -3133
Payment Request Submission:
Janice Ridley
Grants Manager
P.O. Box 3827
Beaumont, Texas '77704 -3827
Email: iridley(a�,ci•beaumont,tx.us
Physical Address:
City of Beaumont
801 Main St.
Beaumont, Texas 77701
TWDB Contract No. 1300011734
Section 11, Page 12 of 13
IN WITNESS WHEREOF, the parties have caused this CONTRACT to be duty executed in
duplicate originals.
TEXAS WATER DEVELOPMENT
BOARD
Kevin Patteson
Executive Administrator
Date:
CITY OF BEAUMONT, TEXAS
Kyle Hayes
City Manager
Date:
TWDB Contract No. 130001 1734
Section I1, Page 13 of 13
Exhibit A
FEMA AWARD PACKAGE
TV✓DB Contract No. 130001 1734
Exhibit A, Pagc 1 of 25
U.S. Department of Homeland
Security
FEMA Region VI
Federal Regional Center
800 N. Loop 288
Denton, TX 76209
FEMA
June 30, 2014
Kathy Hopkins
SRL Lead- Mitigation Specialist, Texas Water Development Board
1700 North Congress Avenue
P.O. Box 13231
Austin, TX 78711 -3231
Dear Kathy Hopkins:
Enclosed is an executed copy of FEMA Form 76 -1OA reflecting Amendment
1 to your award number EMT - 2014- FM -EOO1. The purpose of this
amendment is to correct the period of performance on the official agreement
articles. Your PARS Grant Payment Account will be adjusted accordingly.
By accepting this award you assume certain administrative and financial
responsibilities including the timely submission of all financial and
programmatic reports, resolution of all interim audit findings and the
maintenance of a minimum level of cash on hand. Should you not adhere to
these responsibilities, you will be in violation of the terms of this award.
If you have any questions regarding this matter, please call Marty Chester
at 940 - 898 -5216.
Sincerely,
// signed //
Michael J Brown
Assistance Officer
Subgrant Description
Condition
Number
FMA -PJ- Executive Order
Applicant must prepare and provide Public Notice in line with 44 CFR
06 -TX- 11988 - Floodplains Part 9.12(e) issued 15 days prior to the start of construction of any final
2013 -001
decision where proposed floodplain or wetland project is the only
(0)
practicable alternative.
Resource
Unusable equipment, debris and material shall be disposed of in an
Conservation and
approved manner and location. In the event significant items (or evidence
Recovery Act, aka
thereof) are discovered during implementation of the project, applicant
Solid Waste
shall handle, manage, and dispose of petroleum products, hazardous
Disposal Act
materials and toxic waste in accordance to the requirements and to the
(RCRA)
satisfaction of the governing local, state and federal agencies.
Executive Order
Applicant must comply with the appropriate local floodplain management
11988 - Floodplains
ordinance or best available data as defined by Preliminary Flood
Insurance Rate Map (FIRM) panel 48201C1090M, dated 3129/2013,
TWDB Contract No. 1300011734
Exhibit A, Page 2 of 25
TWDB Contract No. 1300011734
Exhibit A, Page 3 of 25
whichever is more restrictive. Applicant must coordinate with the local
floodplain administrator and obtain any required permits prior to initiating
work, including any necessary certifications that encroachments within
the adopted regulatory floodway would not result in any increase in flood
levels within the community during the occurrence of the base flood
discharge. All coordination pertaining to these activities and applicant
compliance with any conditions should be documented and copies
forwarded to the state and FEMA for inclusion in the permanent project
files.
National Historic
In the event that archeological deposits (soils, features, artifacts, other
Preservation Act
remnants of human activity) are uncovered during the project the
(NHPA)
applicant shall stop all work immediately in the vicinity of the discovery
and take reasonable measures to avoid or minimize harm to the finds.
The applicant will inform the Texas Division of Emergency Management
(TDEM) immediately and will secure all archeological findings and restrict
access to the area. TDEM shall notify FEMA and FEMA will consult with
SHPO, THPO, or Tribal representatives. Work in sensitive areas cannot
resume until consultations are completed or until an archeologist who
meets Secretary of the Interior (SO[) Professional Qualifications
determines the extent of the discovery. Work may not resume at or
around the delineated archeological deposit until the applicant is notified
by TDEM.
Clean Air Act (CAA) If any asbestos containing materials, lead based paint and /or other
hazardous materials are found during remediation or repair activities, the
applicant must comply with all federal, state and local abatement and
disposal requirements under the National Emissions Standards for
Hazardous Air Pollutants (NESHAP).
FMA -PJ- Resource
Unusable equipment, debris and material shall be disposed of in an
06 -TX- Conservation and
approved manner and location. In the event significant items (or evidence
2013 -005 Recovery Act, aka
thereof) are discovered during implementation of the project, applicant
(0) Solid Waste
shall handle, manage, and dispose of petroleum products, hazardous
Disposal Act
materials and toxic waste in accordance to the requirements and to the
(RCRA)
satisfaction of the governing local, state and federal agencies..
OTHER (enter
If any asbestos containing materials, lead based paint and /or other
specifics in
hazardous materials are found during remediation or repair activities, the
comments)
applicant must comply with all federal, state and local abatement and
disposal requirements under the National Emissions Standards for
Hazardous Air Pollutants (NESHAP).
National Historic
In the event that archeological deposits (soils, features, artifacts, other
Preservation Act
remnants of human activity) are uncovered during the project the
(NHPA)
applicant shall stop all work immediately in the vicinity of the discovery
and take reasonable measures to avoid or minimize harm to the finds.
The applicant will inform the Texas Division of Emergency Management
(TDEM) immediately and will secure all archeological findings and restrict
access to the area. TDEM shall notify FEMA and FEMA will consult with
SHPO, THPO, or Tribal representatives. Work in sensitive areas cannot
resume until consultations are completed or until an archeologist who
meets Secretary of the Interior (SOI) Professional Qualifications
determines the extent of the discovery. Work may not resume at or
around the delineated archeological deposit until the applicant is notified
by TDEM.
FMA -PJ- Resource
Unusable equipment, debris and material shall be disposed of in an
06 -TX- Conservation and
approved manner and location. In the event significant items (or evidence
2013 -006 Recovery Act, aka
thereof) are discovered during implementation of the project, applicant
(0) Solid Waste
shall handle, manage, and dispose of petroleum products, hazardous
Disposal Act
materials and toxic waste in accordance to the requirements and to the
(RCRA)
satisfaction of the governing local, state and federal agencies.
Executive Order
Applicant must comply with the appropriate local floodplain management
11988 - Floodplains
ordinance or best available data as defined by Preliminary Flood
Insurance Rate Map (FIRM) panel 48361C0160D, dated 08130/2012,
whichever is more restrictive. Applicant must coordinate with the local
floodplain administrator and obtain any required permits prior to initiating
work. All coordination pertaining to these activities and applicant
compliance with any conditions should be documented and copies
forwarded to the state and FEMA for inclusion in the permanent project
files.
FMA -PJ- National Historic
In the event that archeological deposits (soils, features, artifacts, other
O6 -TX- Preservation Act
remnants of human activity) are uncovered during the project the
2013 -007 (NHPA)
applicant shall stop all work immediately in the vicinity of the discovery
TWDB Contract No. 1300011734
Exhibit A, Page 3 of 25
(0)
and take reasonable measures to avoid or minimize harm to the finds.
The applicant will inform the Texas Division of Emergency Management
(TDEM) immediately and will secure all archeological findings and restrict
access to the area. TDEM shall notify FEMA and FEMA will consult with
SHPO, THPO, or Tribal representatives. Work in sensitive areas cannot
resume until consultations are completed or until an archeologist who
meets Secretary of the Interior (SOI) Professional Qualifications
determines the extent of the discovery. Work may not resume at or
around the delineated archeological deposit until the applicant is notified
by TDEM.
Clean Water Act
Applicant must coordinate with Texas Commission on Environmental
(CWA)
Quality (TCEQ) before the start of construction to obtain any stormwater
permits and must comply with all permit conditions.
Resource
Unusable equipment, debris and material shall be disposed of in an
Conservation and
approved manner and location. In the event significant items (or evidence
Recovery Act, aka
thereof) are discovered during implementation of the project, applicant
Solid Waste
shall handle, manage, and dispose of petroleum products, hazardous
Disposal Act
materials and toxic waste in accordance to the requirements and to the
(RCRA)
satisfaction of the governing local, state and federal agencies.
FMA -PJ- Resource
Unusable equipment, debris and material shall be disposed of in an
06 -TX- Conservation and
approved manner and location. In the event significant items (or evidence
2013 -010 Recovery Act, aka
thereof) are discovered during implementation of the project, applicant
(0) Solid Waste
shall handle, manage, and dispose of petroleum products, hazardous
Disposal Act
materials and toxic waste in accordance to the requirements and to the
(RCRA)
satisfaction of the governing local, state and federal agencies.
Executive Order
The applicant shall ensure that best management practices are
11990 - Wetlands
implemented to prevent erosion and sedimentation to surrounding,
nearby or adjacent wetlands. This includes equipment storage and
staging of construction to prevent erosion and sedimentation to ensure
that wetlands are not adversely impacted per the Clean Water Act and
Executive Order 11990.
OTHER (enter
If any asbestos containing materials, lead based paint and /or other
specifics in
hazardous materials are found during remediation or repair activities, the
comments)
applicant must comply with all federal, state and local abatement and
disposal requirements under the National Emissions Standards for
Hazardous Air Pollutants (NESHAP).
Executive Order
Applicant must coordinate with the local floodplain administrator and
11988 - Floodplains obtain required permits prior to initiating work. All coordination pertaining
to these activities and applicant compliance with any conditions should
be documented and copies forwarded to the state and FEMA for
inclusion in the permanent project files.
FMA -PJ- Executive Order
Applicant must prepare and provide Public Notice in line with 44 CFR
06 -TX- 11988 - Floodplains Part 9.12(e) issued 15 days prior to the start of construction of any final
2013 -011
decision where proposed floodplain or wetland project is the only
(0)
practicable alternative.
OTHER (enter
If any asbestos containing materials, lead based paint and /or other
specifics in
hazardous materials are found during remediation or repair activities, the
comments)
applicant must comply with all federal, state and local abatement and
disposal requirements under the National Emissions Standards for
Hazardous Air Pollutants (NESHAP).
Resource
Unusable equipment, debris and material shall be disposed of in an
Conservation and
approved manner and location. In the event significant items (or evidence
Recovery Act, aka
thereof) are discovered during implementation of the project, applicant
Solid Waste
shall handle, manage, and dispose of petroleum products, hazardous
Disposal Act
materials and toxic waste in accordance to the requirements and to the
(RCRA)
satisfaction of the governing local, state and federal agencies.
Executive Order
Applicant must comply with the appropriate local floodplain management
11988 - Floodplains ordinance or best available data as defined by Preliminary Flood
Insurance Rate Map (FIRM) panels 48167C0038G; 48167C0039G;
48167C0041G ;48167CO207G;48167CO228G;and 48167CO230G dated
9/27/2012 and 48201C1 070M, dated 3129 /2013, whichever is more
restrictive. Applicant must coordinate with the local floodplain
administrator and obtain any required permits prior to initiating work,
including any necessary certifications that encroachments within the
adopted regulatory floodway would not result in any increase in flood
levels within the community during the occurrence of the base flood
discharge. All coordination pertaining to these activities and applicant
compliance with any conditions should be documented and copies
forwarded to the state and FEMA for inclusion in the permanent project
TWDB Contract No. 1300011734
Exhibit A, Page 4 of 25
files.
Executive Order The applicant shall ensure that best management practices are
11990 - Wetlands implemented to prevent erosion and sedimentation to surrounding,
nearby or adjacent wetlands. This includes equipment storage and
staging of construction to prevent erosion and sedimentation to ensure
that wetlands are not adversely impacted per the Clean Water Act and
Executive Order 11990.
www.fema.gov
TWDB Contract No. 1300011734
Exhibit A, Page 5 of 25
July 21, 2014
Ms. Kathy C. Hopkins
SRL Lead - Mitigation Specialist
Texas Water Development Board
1700 North Congress Avenue
P.O. Box 13231
Austin, TX 78711 -3231
Dear Ms. Hopkins,
The Federal Emergency Management Agency (FEMA) sent an executed copy of FEMA Form
76 -1t1A reflecting Amendment 1 to award number EMT - 2014- FM-E001 which includes projects
FMA-PJ-06-TX-2013-00 1 City of Nassau Bay Elevation; FMA- PJ -06 -TX -2013 -005 City of
Beaumont Acquisition Demolition and FMA- PJ -06 -TX -2013 -007 Jefferson County Drainage
District No. 6 Cherokee Drainage Project. That award letter outlined grant requirements
including project. implementation conditions that resulted from FEMA's environmental and
historic preservation review.
The Texas Water Development Board (TWDB) brought it to FEMA's attention that the language
in some of the project conditions was inaccurate in that it referenced the Texas Division of
Emergency Management (TDEM) as the grantee rather than TWDB. This is a mistake on
FEMA's part. For these three grants, the language in the condition under the National Historic
Preservation Act should read;
"In the event that archeological deposits (soils, features, artifacts, other
remnants of human activity) are uncovered during the project the applicant
shall stop all work immediately in the vicinity of the discovery and take
reasonable measures to avoid or minimize harm to the finds. The
applicant will inform the Texas Water Development Board (TWDB)
immediately and will secure all archeological findings and restrict access
to the area. TWDB shall notify FEMA and FEMA will consult with
SHP0, THPO, or Tribal representatives. Work in sensitive areas cannot
resume until consultations are completed or until an archeologist who
meets Secretary of the Interior (SOI) Professional Qualifications
determines the extent of the discovery. Work may not resume at or around
the delineated archeological deposit until the applicant is notified by
TWDB."
TWDB Contract No. 1300011734
Exhibit A, Page 6 of 25
U. S. Department of Horneland Seearity
FEMA Region 6
"yF
8611 North Loop 288
ts,r
o;
,v� t
Denton, TX 76209 -3698
0
FEMA
July 21, 2014
Ms. Kathy C. Hopkins
SRL Lead - Mitigation Specialist
Texas Water Development Board
1700 North Congress Avenue
P.O. Box 13231
Austin, TX 78711 -3231
Dear Ms. Hopkins,
The Federal Emergency Management Agency (FEMA) sent an executed copy of FEMA Form
76 -1t1A reflecting Amendment 1 to award number EMT - 2014- FM-E001 which includes projects
FMA-PJ-06-TX-2013-00 1 City of Nassau Bay Elevation; FMA- PJ -06 -TX -2013 -005 City of
Beaumont Acquisition Demolition and FMA- PJ -06 -TX -2013 -007 Jefferson County Drainage
District No. 6 Cherokee Drainage Project. That award letter outlined grant requirements
including project. implementation conditions that resulted from FEMA's environmental and
historic preservation review.
The Texas Water Development Board (TWDB) brought it to FEMA's attention that the language
in some of the project conditions was inaccurate in that it referenced the Texas Division of
Emergency Management (TDEM) as the grantee rather than TWDB. This is a mistake on
FEMA's part. For these three grants, the language in the condition under the National Historic
Preservation Act should read;
"In the event that archeological deposits (soils, features, artifacts, other
remnants of human activity) are uncovered during the project the applicant
shall stop all work immediately in the vicinity of the discovery and take
reasonable measures to avoid or minimize harm to the finds. The
applicant will inform the Texas Water Development Board (TWDB)
immediately and will secure all archeological findings and restrict access
to the area. TWDB shall notify FEMA and FEMA will consult with
SHP0, THPO, or Tribal representatives. Work in sensitive areas cannot
resume until consultations are completed or until an archeologist who
meets Secretary of the Interior (SOI) Professional Qualifications
determines the extent of the discovery. Work may not resume at or around
the delineated archeological deposit until the applicant is notified by
TWDB."
TWDB Contract No. 1300011734
Exhibit A, Page 6 of 25
Ms. Hopkins
July 21, 2014
Page 2
FEMA apologizes for this error in the award documents and please accept this letter as an
official correction of this error and any misunderstanding of the responsible parties outlined in
the grant requirements.
Sincerely,
Kevin a,
Regional Environmental Officer
FEMA Region 6
cc: Marty Chester, Hazard Mitigation Specialist, FEMA Region 6
Michael Brown; Assistance Officer, Grants Management Division, FEMA Region 6
TWDB Contract No. 1300011734
Exhibit A, Page 7 of 25
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FY 2013
FLOOD MITIGATION ASSISTANCE PROGRAM
GRANT AGREEMENT ARTICLES
FLOOD MITIGATION ASSISTANCE GRANT AGREEMENT ARTICLES
CFDA# 97.029
GRANTEE: Texas Water Development Board
AGREEMENT NUMBER: EMT - 2014- FM -E001
AMENDMENT NUMBER: 1
DESIGNATED AGENCY: Texas Water Development Board
PERFORMANCE PERIOD: July 19, 2013 through January 9, 2017
GENERAL INFORMATION:
The FLOOD MITIGATION ASSISTANCE (FMA) grant program provides funding to
States, Territories, Indian Tribal governments and communities to assist in their efforts to
reduce or eliminate the risk of repetitive flood damage to buildings and structures insurable
under the National Flood Insurance Program (NFIP).
ARTICLE I. FEMA AUTHORITY
The United States of America through the Department of Homeland Security's Federal
Emergency Management Agency (FEMA), hereinafter referred to as "the Grantor," agrees to
grant to the State /Indian Tribal or Territory government, through its designated agency named
above, hereinafter referred to as "the Grantee," funds in the amount specified on the obligating
document, to support the FLOOD MITIGATION ASSISTANCE Grant Program, authorized
under Sections 1361(A) (42 U.S.C. 4104c), of the National Flood Insurance Act of 1968 (42
U.S.C. 4001, et seq. — the "NFIA" or "the Act "), as amended by the National Flood Insurance
Reform Act of 1994 (NFIRA), Public Law 103 -325 and the Bunning - Bereuter - Blumenauer
Flood. Insurance Reform Act of 2004, Public Law 108 -264.
TWDB Contract No. 1300011734
Exhibit A, Page 11 of 25
The Grantee agrees to abide by the Grant terms and conditions as set forth in this document.
ARTICLE IL PROJECT DESCRIPTION
The Grantee shall perform the work described in the application package and made a part of
these Grant Agreement Articles.
ARTICLE III. PERIOD OF PERFORMANCE
The initial performance period for the Grantee shall be equal to the longest performance
period of the subgrantee awards. The period of performance shall be July 19, 2013 through
January 9, 2017. All costs must be incurred during the period of performance unless pre -
award costs are approved.
ARTICLE IV. AMOUNT AWARDED
This Grant Award is for the administration and completion.of an approved FLOOD
MITIGATION ASSISTANCE project. Funds approved under this Grant may not be used
for other purposes. If costs exceed the�amount of FEMA funding approved, then the Grantee
shall pay the costs that are in excess of the approved budget.
The approved budget for this Grant Award by category is available in the cost estimate section
of each subgrant application.
The Grantee shall follow regulations found in Title 44 Code of Federal Regulations (CFR)
Part 13, Uniform .Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, Office of Management and Budget Circulars A -102 and A -87,
and program guidance to implement this Grant Award.
ARTICLE V. COST -SHARE
The cost -share requirement for this award is noted on each subgrant cost estimate. No more
than half of the non - Federal share can be provided as in -kind contributions from third parties.
The FMA program offers up to 90% Federal cost -share funding for properties that are
designated as Severe Repetitive Loss where the Grantee also maintains a FEMA- approved
Standard or Enhanced Mitigation Plans or Tribal plan that includes a strategy for mitigating
existing and future SRL properties. The cost -share for FMA is governed by 44 CFR Part
79.4(c).
ARTICLE VI. FEMA OFFICIALS
FEMA officials are as follows:
TWDB Contract No. 1300011734
Exhibit A, Page 12 of 25
The Project Officer shall be an official at the FEMA Regional Office who will be responsible
for the monitoring of the activities as described in the application.
The Project Officer is: Marty Chester
The Assistance Officer is the FEMA official who has full authority to negotiate, administer
and execute all business matters of the Grant.
The Assistance Officer is: Michael J. Brown
ARTICLE VII. TERMS AND CONDITIONS
The specific terms and conditions of this agreement are as follows:
ASSURANCE COMPLIANCE:
The certifications signed by the Grantee in the application relating to maintenance of a Drug -
Free Workplace (44 CFR Part 17, Subpart F) and New Restrictions on Lobbying (44 CFR Part
18) apply.to this grant agreement and are incorporated by reference. .
Prohibition on Using Federal Funds.
The recipient understands and agrees that it cannot use any Federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation
or policy, at any level of government, without the express prior written approval of FEMA.
Compliance with Program Guidance.
The recipient agrees that all use of funds under this Grant will be in accordance with the
Unified Hazard Mitigation Assistance Guidance at the time of the application.
BUDGET REVISIONS:
The Grantee shall follow prior approval requirements for budget revisions found in 44 CFR
13.30. Transfer of funds between total direct cost categories in the approved budget shall
receive the prior approval of FEMA when such cumulative transfers among those direct cost
categories exceed ten percent of the total budget.
If a Grantee estimates that it will have obligated funds remaining after the end of the
performance period, the Grantee must report this to the FEMA Regional Office at the earliest
possible time and ask for disposition instructions.
Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an
TWDB Contract No. 1300011734
Exhibit A, Page 13 of 25
award has been made, including changes to period of performance or terms and conditions,
recipients will be notified of the changes in writing. Once notification has been made, any
subsequent draw-down of additional funds will indicate recipient acceptance of the changes to
the award.
CLOSEOUT:
Reports Submission: Per 44 CFR 13.50, when the appropriate grant award performance period
expires, the Grantee shall submit the following documents within 90 days: (1) a final Financial
Report (2;) final program performance report; (3) an inventory of equipment purchased under
each grant's funds; (4) an inventory of Federally -owned property; and (5) other required
documents specified by program regulation.
Report Acceptance: FEMA shall review the Grantee reports, perform the necessary financial
reconciliation, negotiate necessary adjustments between the Grantee and FEMA's records, and
closeout the grant in writing.
Record Retention: Records shall be retained for 3 years (except in certain rare circumstances
described in 44 CFR 13.42) from the date the final financial status report closing out the grant
is submitted to FEMA in compliance with 44 CFR 13.42.
CONSTRUCTION PROJECT REQUIREMENTS:
1. Acceptance of Federal funding requires FEMA, the Grantee and any Subgrantees to
comply with all Federal, state and local laws prior to the start of any construction
activity. Failure to obtain all appropriate Federal, state and local environmental
permits and clearances may jeopardize Federal funding.
2. Any change to the approved scope of work will require re- evaluation by FEMA for
Grantee and Subgrantee compliance with the National Environmental Policy Act and
other laws and Executive Orders.
3. If ground disturbing activities occur during construction, the Grantee and any
Subgrantees must ensure monitoring of ground disturbance and, if any potential
archeological resources are discovered, the Subgrantee will immediately cease
construction in that area and notify the Grantee and FEMA.
COPYRIGHT:
The Grantee is free to copyright any original work developed in the course of or under this
Grant. FEMA reserves a royalty -free, nonexclusive and irrevocable right to reproduce,
publish or otherwise use, and to authorize others to use the work for Government purposes.
Any publication resulting from work performed under this agreement shall include an
acknowledgement of FEMA financial support and a statement that the publication does not
constitute an endorsement by FEMA or reflect FEMA views.
COST - SHARE:
The Grantee shall follow cost- sharing requirements mandated by program guidance, statute or
regulation and in compliance with 44 CFR 13.24. Cost -share funding shall be available with
TWDB Contract No. 1300011734
Exhibit A, Page 14 of 25
the approval of each grant. Period of Performance extensions shall not be approved for delays
caused by lack of cost -share funding.
ENFORCEMENT:
FEMA enforcement remedies shall be processed as specified in 44 CFR 13.43, which provides
for enforcement when the Terms and Conditions of this Grant are not met.
EQUIPMENT /SUPPLIES:
The Grantee must comply with the regulations listed in 44 CFR 13.32, Equipment, 44 CFR
13.33 Supplies, and 44 CFR 13.36 Procurement, and must be in compliance with state laws
and procedures.
FUNDS TRANSFER:
No transfer of funds to agencies other than those identified in the approved Grant shall be
made without prior approval of FEMA.
INSURANCE:
In compliance with Public Law 103 -325, Title V National Flood Insurance Reform Act of
1973, section 582 requires that any person receiving Federal assistance for the repair,
replacement, or restoration for damage to any personal or residential property at any time must
maintain flood insurance if the property is located in a Special Flood Hazard Area.
PAYMENT:
Grantee shall be paid using the FEMA Payment and Reporting System (PARS), provided
Grantee maintains and complies with procedures for minimizing the time between transfer of
funds from the US Treasury and disbursement by the Grantee and sub grantees. The Grantee
commits itself to :: 1) initiating cash draw downs only when actually needed for its
disbursement; 2) timely financial reporting per FEMA requirements, using the SF -425 or
equivalent report; and 3) imposing the same standards of timing and amount upon any
secondary Grantee.
Subgrantees must comply with the same payment requirement as the Grantee and must
comply with the requirements specified in the Grantee's subgrant Agreement.
DUPLICATION OF PROGRAMS:
FEMA will not provide assistance under its programs for activities that FEMA determines
another Federal program has a more specific or primary authority to provide. FEMA also will
not provide assistance for the applicant or subapplicant's legal obligations. FEMA may
disallow or recoup amounts that duplicate other authorities.
DUPLICATION OF BENEFITS:
Hazard Mitigation Assistance (HMA) funds cannot duplicate or be duplicated by funds
received by or available to Applicants, subapplicants, or project or planning participants from
other sources for the same purpose, such as benefits received from insurance claims, other
assistance programs (including previous project or planning grants and subgrants from HMA
programs), legal awards, or other benefits associated with properties or damage that are or
TWDB Contract No. 1300011734
Exhibit A, Page 15 of 25
could be subject of litigation.
Because the availability of other sources of mitigation grant or loan assistance is subject to
available information and the means of each individual applicant, HMA does not require proof
that other assistance (not including insurance) has been sought. However, it is the
responsibility of the property owner to report other benefits received, any applications for
other assistance, the availability of insurance proceeds, or the potential for other
compensation, such as from pending legal claims for damages, relating to the
property. Amounts of other grants, loans or other assistance designated for the same purpose
as HMA funds, if received, may be used to reduce the non - Federal cost- share.
Where the property owner has an insurance policy covering any loss to the property which
relates to the proposed HMA project, the means are available for receiving compensation for a
loss or, in the case of increased cost of compliance (ICC), assistance toward a mitigation
project. FEMA will generally require that the property owner file a claim prior to the receipt
of HMA funds.
NON DISCRIMINATION:
The.program must be administered in an equitable and impartial manner, without
discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status.
The program complies with Title VI of the 1964 Civil Rights Act and other applicable laws.
All applicants /Grantees must comply with Title VI, including State and local governments
distributing Federal assistance.
Applicants /Grantees and subapplicants /subgrantees will ensure that no discrimination is
practiced. Applicants must consider fairness, equity, and equal access when prioritizing and
selecting project subapplications to submit with their application. Subapplicants and
subgrantees must ensure fairness, equity and equal access when consulting and making offers
of mitigation to property owners that benefit from mitigation activities.
CHANGES IN SCOPEOF WORK:
Requests for changes to the scope of work (SOW) after award are permissible as long as they
do not change the nature or total project cost of the activity, properties identified in the
subapplication, the feasibility and effectiveness of the project, or the benefit cost ratio.
Requests must be supported by adequate justification from the applicant in order to be
processed. The justification is a description of the proposed change, a written explanation of
the reason or reasons for the change; an outline of remaining funds available to support the
change; and a full description of the work necessary to complete the activity. All approvals
will be at FEMA's discretion, and there is no guarantee that SOW changes will be approved.
TV,DB Contract No. 1300011734
Exhibit A, Page 16 of 25
PERFORMANCE PERIODS:
Program /Project / subgrant Approval and/or Awards:
All grant award activities, including all projects and/or activities approved under each
subgrant award, shall be completed within the time period prescribed and authorized on the
obligating documents. All costs must be incurred within the approved performance period or
be approved pre -award costs.
EXTENSIONS:
Requests for time extensions to the Period of Performance will be considered but will not be
granted automatically and must be supported by adequate justification submitted to the
Regional Office in order to be processed. This justification is a written explanation of the
reason or reasons for the delay; an outline of remaining funds available to support the
extended Period of Performance; and a description of performance measures necessary to
complete the activity. Without justification, extensions requests will not be processed.
Financial and progress reports must be current in order for a time extension to be considered.
RECOUPMENT OF FUNDS:
FEMA will recoup mitigation planning grant funds for grants that do not meet the deliverable
criteria of an adopted, FEMA- approved mitigation plan by the end of the performance period.
RECOVERY OF FUNDS:
The Grantee will process the recovery of assistance paid to subgrantees processed through
error, misrepresentation, or fraud or if funds are spent inappropriately. Recovered funds shall
be submitted to FEMA as soon as the funds are collected, but no later than 90 days from the
expiration date of the appropriate grant award agreement.
All fraud identifications will be reported to the FEMA Inspector General's office. The
Grantee agrees to cooperate with investigation conducted by the FEMA Inspector General's
office.
REFUND, REBATE, CREDITS:
The Grantee shall transfer to FEMA the appropriate share, based on the Federal support
percentage, of any refund, rebate, credit or other amounts arising from the performance of this
agreement, along with accrued interest, if any. The Grantee shall take necessary action to
effect prompt collection of all monies due or which may become due and to cooperate with
FEMA in any claim or suit in connection with amounts due.
REPORTS:
Federal Financial Reports (SF -425) — Required Quarterly.
The recipient shall submit the Federal Financial Report (FFR, SF -425) within 30 days of the
end of the first Federal quarter following the initial Grant Award. The recipient shall submit
quarterly FFRs thereafter until the grant ends. Reports are due on January 30, April 30, July
30, and October 30. A report must be submitted for every quarter of the period of
performance, including partial calendar quarters, as well as for periods where no grant activity
TwDB Contract No. 1300011734
Exhibit A, Page 17 of 25
occurs. Future awards and fund draw downs may be withheld if these reports are
delinquent. The final FFR is due 90 days after the end date of the performance period.
Performance Report:
The Grantee shall submit performance reports to the FEMA Regional Office within 30 days
after end of each quarter. The report shall consist of a comparison of actual accomplishment
to the approved activity objectives. The Regional Administrator may waive the initial report.
The Grantee shall submit quarterly performance reports thereafter until the grant ends. Reports
are due January 30, April 30, July 30, and October 30. Quarterly performance report shall
report the name, completion status, expenditure, and payment -to -date of each approved
activity /sub -grant award under the Grant Award.
Final Reports:
The Grantee shall submit a final FFR and Performance Report 90 days after the end date of the
performance period.
TERMINATION:
The Grantee, subgrantee, or FEMA may terminate grant award agreements by giving written
notice to the other party at least seven (7) calendar days prior to the effective date of the
termination. All notices are to be transmitted via registered or certified mail, return receipt
requested. The Grantee's authority to incur new costs will be terminated upon the date of
receipt of the notice or the date set forth in the notice. Any costs incurred up to the earlier of
the date of the receipt of the notice or the date of termination set forth in the notice will be
negotiated for final payment. Closeout of the Grant will be commenced and processed as
prescribed under Article VII. 3.
ARTICLE VIII. GOVERNING PROVISIONS
The Grantee and any sub - grantees shall comply with all applicable laws and regulations. A
non - exclusive list of laws and regulations commonly applicable to FEMA grants is attached
hereto for reference only.
The Grantee and any subgrantees shall also be bound by the Program Guidance document.
The following Office of Management and Budget circulars and Code of Federal Regulations
are also applicable; to this Grant Award:
2 CFR 215 Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations
OMB Circular A -102 Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments
2 CFR 225 Cost Principles for State and Local Governments (formerly OMB Circular A-
87)
TWDB Contract No, 1300011734
Exhibit A, Page 18 of 25
2 CFR 220 Cost Principles for Educational Institutions
OMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations
Commonly Applicable Statutes and Regulations
Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
Sections 1361(A) (42 USC 4104c), of the National Flood Insurance Act of 1968 (42
U.S.C. §4001, et seq. — the "NFIA" or "the Act "), as amended by the National Flood
Insurance Reform Act of 1994 (NFIRA), Public Law 103 -325 and the Bunning- Bereuter-
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108 -264
Title 44 of the Code of Federal Regulations (CFR)
44 CFR Part 79 -Flood Mitigation Grants
44 CFR Part 80- Property Acquisition and Relocation for Open Space
44 CFR Part 9- Floodplain Management and Protection of Wetlands
44 CFR Part 10- Environmental Considerations
44 CFR Part 13- Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
31 CFR Part 205 -Rules and Procedures for Efficient Federal -State Funds Transfers
2 CFR 225- (OMB Circular A -87) -COST PRINCIPLES FOR STATE, LOCAL, AND
INDIAN TRIBAL GOVERNMENTS
2 CFR Part 230 (OMB Circular A -122)- COST PRINCIPLES FOR NON - PROFIT
ORGANIZATIONS
48 CFR Part 31.2 (FAR)
TWDB Contract No. 1300011734
Exhibit A, Page 19 of 25
Cost Review (Grants)
FMA- PJ- 06 -TX- 2013 -005 (0): City of Beaumont FMA Acquisition [EMT- 2014- FM -E001 (0)]
Revision History
Acquisition of Private Real Property (S Eructtrr`es and Land)-- Riverine
Apr = unit,: unitof
Cost Type , item Name Office li"gi :Measure .unit Cost Total Costs
_
Applicant
N/A 3
EA $500.001 $1,500.00'
'Program
F 3
EA $500.00 $1,500.00'
!!!!!! 111
Administrative
Expense
Appraisals
Grants
3
;F ✓ — -
500.00 $
EA $ 1500.00
Administrative
Expense
1
.Buyout Rep Fee
N/A 3'
EA $1,200.00 $3,600.001
j"Applicant
1Program
I
Grants
Applicant
F 3
- �
F 3�
N/A 3
EA $1,200.00 $3,600.00
---�-
EA $ 1200.00 $
3600.00
EA $2,000.00 $6,000.00
Program
f7 3
EA $2,000.00 - $6,000.00
Administrative
Expense
Settlement Expenses
Grants
3�
r
911
RA
N/A 1
2000.00 $
EA $ 6000.00
EA $12,000.00 $12,000.00
Administrative
Subapplicant
jApplicant
iProgram
!!!!
F 1
EA $12,000.00 $12,000.00
Expense
Management Fee
Grants
1
F,
U
lz000.00 $
EA $ 12000.00
pplicant
N/A 32
EA $1,200.00 $38,400.00
Administrative
Expense
Tenant Relocation Buyout
Rep Fee
Program
F 32
)1
EA I $1,200.00 $38,400.00
9
Grants
32
F7 ®
1200.00 $
EA $ ® 38400.00
Demolition And
Removal
Demolition of 2505
Sweetgum - Bldg A
Applicant
N/A 4680
SF $2.60 $12,168.00
Program l
�
Grants
4680
a68o2
F
9900,
N` /`A�
SF $2.60; $12,168.00
60 $
SF $ 12168.00
SF $2_60 $25,740.00
Demolition And
jA'pplicant
Demolition of 2505 [Program
Program
M
T
F 1 9900
T
SF I $2.60 $25,740.00
Removal
Demolition And
Removal
Sweetgum - Bldg B
Demolition of 2505 {lApplicant
Sweetgum - Bldg C FProgram
[Grants
9900
N/A 4680
.60 $
SF $ 25740.00
SF $2.60 $12,168.00
F 4680
SF i $2.60 $12,168.00
TWDB Contract No. 1300011734
Exhibit A, Page 20 of 25
Proposed Total Cost (A):
Grants
* Total Eligible Cost (D):
4680
SF
2.60 $
$ 12168.00
* Total Ineligible Cost (E = A - D):
Applicant
N/A
3�
EA
$350.00 $1,050.00
Demolition And
Program
Environmental
F Eligible Non - Federal Share (G = D -
3
E
1
] $350.00' $1,050.00
1
F
3
EA
-
350.00 $
$ 1050.00
Removal
Inspections (Asbestos)
Grants
Land, Structures,
Applicant
Program
Mitigation offer amount for
N/A
1
1
EA
EA
$170,000.00 $170,000.00
$170,000.00 $170,000.00
Right -of -way
2505 Sweetgum - Bldg A
Grants
1
1EA
170000.00 $
$ 170000.00
Land, Structures,
Right -of -way
Applicant
Mitigation offer amount for Program
2505 Sweetgum - Bldg B
Grants
N/A
�'
1
1
1
EA
EA
EA
$340,000.00 $340,000.00'
$340,000.00 $340,000.00
$340000.00 $
340000.00
Applicant
N/A
1
EA
$170,000.00 $170,000.00
Land, Structures,
Program
Mitigation offer amount for
1
EA
$170,000.00 $170,000.00
1
� -
EA
'°"°
170000.00 - $
$ 170000.00
Right -of -way
2505 Sweetgum - Bldg C
Grants
Applicant
N/A
32
EA
$5,250.00$168,000.00
Land, Structures,
Program
Tenant Relocation
-
32
EA
$5,250.003 $168,000.00
I
t:%
32
EA
5250.00 $
$� 168000
® _ . . ....
Right -of -way
Assistance
Grants
Applicant
N/A
1
EA
$5,000.00 $5,000.00
17
1
1
EA
EA
$5,000.00 $5,000.00
5000.00 $
$ 5000.00
Preliminary
Expense.
Program
Application Development
Grants
Proposed Total Cost (A):
$965,626.00
* Total Eligible Cost (D):
$965,626.00
Proposed Federal Share % (B):
100.00000000%
* Total Ineligible Cost (E = A - D):
$0.00
Proposed Federal Share (C = A * B):
$965,626.00
* Eligible Federal Share (F = D * B):
$965,626.00
Proposed Non Federal Share (A - C):
$0.00
F Eligible Non - Federal Share (G = D -
$0.00
` Calculated based on the Eligible Cost (Grants)
numbers.
TWDB Contract No. 1300011734
Exhibit A, Page 21 of 25
05/05/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY REC -01
19:19:59
RECORD OF ENVIRONMENTAL CONSIDERATION REPORT(REC)
Project ID: FMA- PJ- 06- TX -2C13 -005 (0)
Title: City of Beaumont FMA Acquisition
NEPA DETERMINATION
Non Compliant Flag: No EA Draft Date: EA Final Date:
EA Public Notice Date: EA Fonsi Date: Level: CATEX
EIS Notice of Intent Date: EIS ROD Date:
Comments: Under this FEMA FMA grant, the City of Beaumont proposes to acquire and demolish three apartment
buildings within a single complex. The properties will remain as open space in perpetuity. 2505
Sweetgum, Beaumont, Jefferson County, Texas, Building A: (Latitude: 30.09777; Longitude:
- 94.12615); Building B: (Latitude: 30.09777; Longitude: - 64.12615); and Building C: (Latitude:
30.09777; Longitude: - 94.12615).
This project has been determined to be Categorically Excluded from the need to prepare either an
Environmental Impact Statement or Environmental Assessment in accordance with 44 CFR Part
10.8(d)(2)(vii). Particular attention should be given to the project conditions before and during project
implementation. Failure to comply with these conditions may jeopardize federal assistance including
funding.
- dweir - 05/05/2014 14:07:56 GMT
CATEX CATEGORIES
Catex Category Code Description Selected
vii (vii) The acquisition of properties and the associated demolition /removal or Yes
relocation of structures under any applicable authority when the acquisition is
from a willing seller, the buyer coordinated acquisition planning with affected
authorities, and the acquired property will be dedicated in perpetuity to uses that
are compatible with open space, recreational, or wetland practices.
EXTRAORDINARY CIRCUMSTANCES
Extraordinary Circumstance Code Description Selected ?
No Extraordinary Circumstances were selected
ENVIRONMENTAL LAW/ EXECUTIVE ORDER
Environmental Law/
Executive Order Status Description Comments
Clean Air Act (CAA) Completed Project will not result in permanent air
emissions - Review concluded
Coastal Barrier Resources Act Completed Project is not on or connected to CBRA Unit
(CBRA) or otherwise protected area - Review
concluded
Clean Water Act (CWA) Completed Project would not affect any water of the U.S.
- Review concluded
NOTE: All times are GMT using a 24 -hour clock. TWDB Contract No. 1300011734 Page 1 of 4
Exhibit A, Page 22 of'25
0 5/0 512 01 4 FEDERAL EMERGENCY MANAGEMENT AGENCY
19:19:59
RECORD OF ENVIRONMENTAL CONSIDERATION REPORT(REC)
Project ID: FMA- PJ- 06 -TX- 2013 -005 (0)
Title: City of Beaumont FMA Acquisition
Environmental Law/
Executive Order Status Description
Coastal Zone Management Act Completed Project is located in a coastal zone area
(CZMA) and /or affects the coastal zone
Completed State administering agency does not require
consistency review - Review concluded
Comments
REC -01
Based on consultation with Texas General Land
Office (GLO) and review of Coastal Coordination
Council (CCC) General Concurrence #5, FEMA
has determined that this project is deemed
consistent with the goals and policies of the
Texas Coastal Management Program (CMP) and
consistency review procedures as implemented
by the GLO. - dweir - 05/05/2014 14:10:57 GMT
Executive Order 11988 - Completed No effect on floodplain /flood levels and Per Flood Insurance Rate Map (FIRM) panel
Floodplains project outside floodplain - Review concluded 48545700350, dated 08/06/2002, the project is
located outside the 100 year flood zone and the
activity does not adversely affect floodplain
values. - dweir - 05/05/2014 14:12:57 GMT
Executive Order 11990 - Completed No effects on wetlands and project outside A review of the National Wetland Inventory
Wetlands wetlands - Review concluded (NWI) online mapper, accessed on May 5, 2014,
for the site indicates that the area is not located
within nor does it affect a designated wetland. -
dweir - 05/05/2014 14:13:09 GMT
Executive Order 12898 - Completed Low income or minority population in or near
Environmental Justice for Low project area
Income and Minority Populations
Completed No disproportionately high and adverse
impact on low income or minority population -
Review concluded
Endangered Species Act (ESA) Completed Listed species and /or designated critical
habitat present in areas affected directly or
indirectly by the federal action
Completed No effect to species or designated critical
habitat (See comments for justification) -
Review concluded
Farmland Protection Policy Act Completed Project does not affect designated prime or
(FPPA) unique farmland - Review concluded
Fish and Wildlife Coordination Completed Project does not affect, control, or modify a
Act (FWCA) waterway /body of water - Review concluded
Migratory Bird Treaty Act (MBTA) Completed Project located within a flyway zone
NOTE: All times are GMT using a 24 -hour clock. TWDB Contract No. 1300011734 Page 2 of 4
Exhibit A, Page 23 of 25
05/05/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY REC -01
19:19:59
RECORD OF ENVIRONMENTAL CONSIDERATION REPORT(REC)
Project ID: FMA- PJ- 06 -TX- 2013 -005 (0)
Title: City of Beaumont FMA Acquisition
Environmental Lawi
Executive Order Status Description Comments
Completed Project does not have potential to take
migratory birds - Review concluded
Magnuson- Stevens Fishery Completed Project not located in or near Essential Fish
Conservation and Management Habitat - Review concluded
Act (MSA)
National Historic Preservation Act Completed Standard Section 106 review FEMA has determined that there will be no effect
(NHPA) to historic properties. SHPO concurrence with
this determination was received, dated
9/16/2013. Letters sent to Kiowa Tribe of
Oklahoma and Tonkawa Tribe of Oklahoma on
4/4/2014. No responses received by the date of
this REC. - dweir - 05/05/201414:08:37 GMT
Completed Building or structure 50 years or older or
listed on the National Register in the project
area and activity not exempt from review
Completed Determination of No Historic Properties
Affected (FEMA finding /SHPO/THPO
concurrence attached) - Review concluded
Completed Project affects only previously disturbed
ground - Review concluded
OTHER (enter specifics in Completed Review concluded National Emissions Standards for Hazardous Air
comments) Pollutants (NESHAP). - dweir - 05/05/2014
14:11:59 GMT
Resource Conservation and Completed Review concluded
Recovery Act, aka Solid Waste
Disposal Act (RCRA)
Wild and Scenic Rivers Act
(WSR)
CONDITIONS
Completed Project is not along and does not affect Wild
and Scenic River - Review concluded
Special Conditions required on implementation of Projects:
In the event that archeological deposits (soils, features, artifacts, other remnants of human activity) are uncovered during the project the
applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the
finds. The applicant will inform the Texas Division of Emergency Management (TDEM) immediately and will secure all archeological
findings and restrict access to the area. TDEM shall notify FEMA and FEMA will consult with SHPO, THPO, or Tribal representatives.
Work in sensitive areas cannot resume until consultations are completed or until an archeologist who meets Secretary of the Interior (SOI)
Professional Qualifications determines the extent of the discovery.
NOTE: All times are GMT using a 24 -hour clock. TWDB Contract No. 1300011734 Page 3 of 4
Exhibit A, Page 24 of 25
05/05/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY
19:19:59
RECORD OF ENVIRONMENTAL CONSIDERATION REPORT(REC)
Project ID: FMA- PJ- 06 -TX- 2013 -005 (0)
Title: City of Beaumont FMA Acquisition
Work may not resume at or around the delineated archeological deposit until the applicant is notified by TDEM.
Source of condition: National Historic Preservation Act (NHPA)
REC -01
Monitoring Required: No
If any asbestos containing materials, lead based paint and /or other hazardous materials are found during remediation or repair activities,
the applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards
for Hazardous Air Pollutants (NESHAP).
Source of condition: OTHER (enter specifics in comments)
Monitoring Required: No
Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or
evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum
products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and
federal agencies.
Source of condition: Resource Conservation and Recovery Act, aka Solid Waste Monitoring Required: No
Disposal Act (RCRA)
Standard Conditions:
Any change to the approved scope of work will require re- evaluation for compliance with NEPA and other Laws and Executive Orders.
This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all
federal, state and local laws: Failure to obtain all appropriate federal, state and local environmental permits and clearances may
.jeopardize federal funding.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological
resources are discovered, will immediately cease construction in that area and notify the State and FEMA.
NOTE: All times are GMT using a 24 -hour clock. TNVDB Contract No. 1300011734 Page 4 of 4
Exhibit A, Page 25 of 25
Exhibit B
ORIGINAL GRANT APPLICATION
TWDB Contract No. 1300011734
Exhibit B, Page 1 of 27
rint Application
Subgrant Project Application
3plication Title: City of Beaumont FMA Acquisidon
jbgrant Applicant: city of Beaumont
3pilcatlon Number: Tx- 2ot1oo2
3plication Year. 2013
rant Type: Project Apocat on
idress: 801 Main sheet, Beaumont, TX 77701 -0000
TWDB Contract No. 1300011734
ttps: / /eservices. fema .gov /FENLWitigatiomTrint.do "1"b`t B, Page 2 of 27
Page 1 of 2
10/16/201
rint Application
Contact
Authorized Subgrant Agent
ice
Mr.
first Name
Chris
fiddle Initial
ast Name
Boone
file
Community Development Director
gencylOrganization
City of Beaumont
ddress 1
801 Main Street
ddmss 2
ity,
Beaumont
late
TX
IP
77701
hone
409 -880 -3100 Ext
ex
409 -880 -3133
mail
cboone @cl.beaum onttx.us
Point of Contact
i0e
Mr.
first Name
Kyle
liddle Initial
ast Name
Hayes
itle
City Manager
gency /Organization
City of Beaumont
ddress 1
801 Main Street
ddress 2
ity
Beaumont
late
TX
IF,
77701 - 3548
hone
409- 880 -3708 Ext.
ax
409- 880.3112
mail
khayes@ci,beaumonttx.us
TWDB Contract No. 1300011734
ttps:Heservices. fema.gov /FEMAMitigation /Print.do >ttltbtt B, Page 3 of 27
Page 2 of 2
10/16/201
Tint Application
Page 3 of 2
Community Information
lease provide the name of each community that will benefit from this mitigation activity by clicking on the Find Community button. You shall modify Congressional District for each community
y directly editing the textbox(es) provided. You should also notify your state NFIP coordinator so that it can be updated in the Community Information System database. When you are
nished, c&k the Save and Continue button below.
County Community CID CRS CRS State us
State Le s ConGnsulonal
Code Name Number Community Rating Diuthd Distli q t
K 48545LQBMQZOEDS BEAUMONT. CITY OF 485457 Y a 485457 9
omments
ttachments
late
TX
ommunity Name
BEAUMONT. CITY OF
ounly Name
TEXAS
ounty Code
JEFFERSON COUNTY
ity Code
485457
IPS Code
245 tel
ID Number
485457 Hal
RS Community
Y
RS Ratina
8
tale Legislative District
485457
S Congressional District
9
IRM or FHBM available?
Yes
ommunity Status
PARTICIPATING Hei
ommunity participates in NFIP?
Yes
-ate entered In NFIP
06-19 -1970
ate of most recent Community Assistance Visit (CAV)?
09 -25 -2008 Het
TWDB Contract No. 1300011734
ttps:Heservices. fema.gov /FEMAMitigation /Print.do Exhibit B, Page 4 of 27 10/16/201
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Page 4 of 2
Mitigation Plan
the entity that will benefit from the proposed activity covered by a current FEMA- approved mind- hazard mitigation plan in compliance with 44 CFR Part 201? Yes
Yes, please answer the following:
What is the name of the plan?
What is the type of plan?
When was the current m ultihazard m itigation plan approved
by FEMA?
Describe how the proposed acti vity relates to or is consistent
with the FEMA - approved mitigation plan.
No or Not Known, please answer the following:
Does the entity have any other mitigation plans adopted?
It Yes, please provide the following information.
Plan Name Plan Type
Jefferson County, TX Muld- Jurisdictional Hazard Mitigation Plan
Local MultiJurisdicdonal Multihazard Mitigation Plan
07 -02 -2012
The type of mitigation activity proposed is the State of Texas top priority for the use of mitigation funds.
Date Adopted
oes the State/Tribe in which the entity is located have a current FEMA - approved mitigation plan in compliance with 44 CFR Part 201?
Yes, please answer the following:
What is the name of the plan?
Texas Mitigation Plan - Standard 2010
What is the type of plan? Standard State Multi- hazard Mitigation Plan
When was the current m ulthazard m itigation plan approved 10 -18 -2010
by FEMA?
Describe how the proposed acti vity relates to or is consistent The activity is consistent with State and FEMA priorities to acquire and demolish tomes on FEMA Severe
with the State/fribe's FEMA - approved mitigation plan. Repetitive Loss list
you would like to make any comments, please enter them below.
he City of Beaumont has land use, building code, and permit authority over the land within its corporate boundaries - including that area of and affected by this proposed project
o attach documents, click the Attachments button below.
Attachment
No
Yes
TWD13 Contract No. 1300011734
ttps: / /eservices. fema. gov /FEMAMitigation/Print.d &xli "' 13, rage 5 of 27 10/16/201
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Scope of Work (Page 1 of 3)
itie of your proposed activity (should include the type of activity and location):
dy of Beaumont FMA Acquisition
azerd(s)Identified to be mitigated:
food
roposed types of Mitigation Activity(ies):
Activity Code Activity Name
200.1 Acquisition of Private Real Property (Structures and Land) - Riverine
Other or Miscellaneous selected above, please specify:
rovide a dear and detailed description of your proposed activity:
he City proposes to acquire and demolish three properties on FEMA's validated SRL list
i there construction in this project?
Page 5 of 2
rovide a detailed description of the proposed project's location (e.g. municipality, street address, major
dersecting streets and other important landmarks). Supporting documentation such as maps that clearly
lentify the location and critical features to the project such as topography, waterways, adjacent community
oundaries, etc., should be attached:
II properties on this application on are FEMAs severe repetitive loss list This action will eliminate the flooding (and flood claims) for these SRL properties. Beaumont is on Texas' coastal
lain, about 30 miles (48 km) Intend from the Gulf of Mexico, and just south of the dense pine forests of East Texas. The city is bordered on the east by the Neches River and to the north by
ine Island Bayou. Before being settled, the area was crisscrossed by numerous small streams. Most of these streams have since been filled in or converted for drainage purposes. The city o
eaumont, Texas is within the humid subtropical climate regime. This city is within the Piney Woods, which cover the eastern region of Texas, as well as adjacent Louisiana. This region of
axes receives the most rainfall in the state, with more than 48 inches (1,200 mm) annually. This is due to the warm gulf waters that carry humid air to the region, where it condenses and
recipitates. Hurricanes also strike the region, the most disastrous of which was the Galveston Hurricane of 1900 as well as Hurricane Ike in 2008. Hurricane Rita was the largest and most
amaging hurricane to hit Beaumont to date, striking September 24, 2005. Causing $11.3 billion in damage, it is the sixth most costly hurricane in United States history. The humidity of the
3gion greatly amplifies the feeling of heat during the summer. As of the census of 2000, there were 113,1)68 people, 44,361 households, and 29,100 families residing in the city. The
opulation density was 1,339.4 people per square mrle (517.21kml y. There were 48,815 housi ng units at an average density of 574.2/sq m f (221.7/km2). The racial makeup of the city was
6.39% Caucasian, 45.85% African American, 0.24% Native American, 2.48% Asian, 0.04% Pacific Islander, 3.55% from other races, and 1.45% from two or more races. Hispanic or Latino o
ny race were 7.93% of the population.
Scope of Work (Page 2 of 3)
atitude:
0.045705
ongitude:
4.054201
-ascribe the need for this activity. Why should this mitigation activity be completed?
he 3 buildings on this application have experienced over $1.1 M In paid claims. The overall avoided damages for these properties is $998,063 making this a very effective use of FMA prograr
rnding. These buildings are all part of a small apartment complex with 32 total units. In addition to the building payments, there are also costs to each tenant each time a flood occurs.
Am will the mitigation activity benefit and/or impact?
hose 3 buildings are all SRL properties that have experienced 39 paid claims totally over $1.1M
ow will the mitigation activity be implemented?
o permanently remove Severe Repetitive Loss properties and all tenants from harm's way and from receiving future flood losses
escribe how the project is technically feasible and Will be effective in reducing the risk by reducing or eliminating
emage to property and/or loss of fife in the project area. Please include engineering design parameters and
3ferences to the following: preliminary schematic or engineering drawingsidesign; applicable building codes;
ngineering practices and/or best practices; level of protection (e.g., life safety, 100-yr floor protection with
eeboard, 100-yr wind design, etc.):
mitigation offer will be established based upon the HMA guidance and an offer will be extended to each owner. Once the properties are acquired all improvements and underground utilities
ill be removed and the properties will be deeded as open space in perpetuity. All tenants will afforded tenant relocation assistance, consistent with HMA guidance. The City has hired an
cquisition and relocation firm that has assisted Cities and Counties In the acquisition/demolition of over 5,000 flood prone and/or flood damaged properties. Most of these acquisitions have
een with FEMA mitigations, and have followed HMA guidance. Where tenants were Involved, this consultant facilitated tenant relocation assistance. Please see attached word documents
lied Buyout Implementation Process for a detailed, task by task overview of how the program will be implemented whenld awarded.
Jho will manage and complete the mitigation activity?
he City of Beaumont has the ability to provide staff and resources to implement this mitigation activity. The activity will be closely monitored by a full -time inspector and supervised by an
ngineering staff of 8, who work under the public works director. In addition, the City will utilize the services of an Acquisition Consultant to execute the program. Please see attached word
ocuments titled Buyout implementation Process for a detailed, task by task overview of how the program will be implemented whenTl awarded.
Scope of Work (Page 3 of 3)
Jill the project address the hazards Identified and what risks will remain from all hazards after project implementation (residual risk)?
his project will address the flood hazard and once the project is complete, there will be no residual risk.
Jhen wilt the mitigation activity take place?
mce the grant Is funded and the award accepted by the City, the appraisal process will begin. Based on tenant's ability to vacate the homes, the entire process will take approximately 12
3onths. All tenants will receive relocation assistance.
Jhy is this project the best alternative. What alternatives were considered to address the
isk and why was the proposed activity considered the best alternative?
he other alternatives considered were to elevate the properties or to do nothing. If the properties were elevated, the risk Is not eliminated because the properties are still in the path of future
oods. Doing nothing is also an option, however these properties have severe & let" 571they are today wiA keep the homes at risk The only was to ensure the
ttps: / /eservices. fema. gov /FEMAMitigation/Print.doExhib`t s, Page 6 of 27 10/16/201
rint Application
omes and people are out of harm's way is to acquire and demolish these properties.
lease Identify the entity that will perform any long -term maintenance and provi de a maintenance
:hedule and cost information. The subapplicant or owner of the area to be mitigated is responsible for
raintenance (including costs of long -term care) after the project Is completed:
he resultant vacant lots will be included in the mowing schedule with the City's other publicly owned vacant parcels.
you would tike to make any comments, please enter them below.
ee attached letter from the City relative to maintenance for this project Also attached Is a word document with the details of how the buyout process will be Implemented.
hachments;
uvout Implementation Process.docx
igned Maint Letter.pdf
Page 6 of 2
TWDB Contract No. 1300011734
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Tint Application
-amaged Property Address:
ddress line 1
ddress fine 2
ity
ounty
fate
113
ryvner Information:
irst Name
fiddle Name
ast Name
hone
nvner's Mailing Address:
ddress line 1
ddress line 2
dher (PO Box, Route, etc)
ity
late
IP
,oes this property
eve other co -owners
r holders of recorded interest?
roperty Information:
atitude
oncitude
ear Built
lructure Type
roperty Tax Identification Number
egal Description
L D16 TRS 210 AND 211 OUT T 93 A WILLIAMS MON
*as this property have an NFIP Policy Number
Policy Number
azards to be mitigated:
Property Action
roperty Information ii:
Properties
2505 Sweetgum - Bldg A Land
Bldg A
Beaumont
Jefferson
TX
77703
MONTERREY
RENTALS LLC
Home
Cell
PO BOX 2851
Beaumont
TX
77704-2851
Office
Ext.
30.055197
— 94.073414
1961
Multi-Family Dwelling - 5 or More Units
Yes
RL00004866
Flood
ACODEMO
ubstantiafly Damaged?
No
urchase Offer Amount
170,000.00
ase Flood Elevation
feet
irst Floor Elevation
feet
umber of feet the lowest floor elevation of the structure is being raised above Base Flood
feet
levation
oundation type
SOG
Flood Zone Designation
Area of minimal flood hazards (C, unshaded X)
omments
ttached is the FIRM map, the CAD record, and the Notice of Voluntary Interest
ttachments
Name
2505 Sweetnum NVI.Pdf
2505 Sweetaum Pics.Dd(
2505 Sweetourn FIRMette.odf
08 -20 -2013
08- 20.2013
08 -20 -2013
Date Attached
Page 7 of 2
TWDB Contract No. 1300011734
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Xntb�t B, 10/16/201
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nvners Mailing Address:
Properties
Damaged Property Address:
ddress line 1
25D5 Sweetgum - Bldg C Land
ddress line 2
C
ity
Beaumont
ounty
Jefferson
tale
TX
IP
77703
Pwner Information:
N
first Name
MONTERREY
fiddle Name
est Name
RENTALS LLC
Home
hone
Cell
nvners Mailing Address:
ddress line 1
ddress line 2
rther (PO Box, Route, etc)
PO BOX 2851
iry
Beaumont
tale
TX
IP
77704
,oes this property
aye other co- owners
N
r holders of recorded interest?
ioperty Information:
a' de
onnitude
ear Built
tructure Type
roperty Tax Identification Number
egal Description
oes this property have an NFiP Poticv Number
Policy Number
azards to be mitigated:
Property Action
Office
Ext
30.055197
- 94.073414
1981
Multi- Family Dwelling - 5 or More Units
Yes
RLD0004865
Flood
ACQDEMO
roperty Information II:
ubstantialy Damaged? No
urchase Offer Amount 170,000.00
ass Flood Elevation feet
irst Floor Elevation feet
umber of feet the lowest floor elevation of the structure is being raised above Base Flood
levation feet
oundation type
Flood Zone Desionation Area of minimal flood hazards (C, unshaded X)
omments
ttached is the FIRM map, the CAD record, and the Notice of Voluntary interest See Bld A for these documents.
ttachments
TWDB Contract No. 1300011734
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Page 8 of 2
10/16/201
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=aged Property Address;
ddress line 1
ddress tine 2
ity
ounty
tate
I
1wner Information:
irst Name
fiddle Name
ast Name
hone
wnees Mailing Address:
ddress line 1
ddress tine 2
4her (PO Box, Route, etc)
Ity
tate
IP
oes this property
eve other co-owners
r holders of recorded interest?
roperty Information:
atitude
onnitude
ear Built
tructure Type
roperty Tax Identification Number
egal Description
oes this property have an NFIP Policy Number
Policy Number
azards to be mitigated:
Property Action
roperty Information II:
Properties
2505 Sweetgum - Bldg B Land
B
Beaumont
Jefferson
TX
77703
MONTERREY
RENTALS LLC
Home
Cell
PO BOX 2851
Beaumont
TX
77704
N
Office
Ext.
30.055197
- 94.073414
1961
Multi-Famity Dwelling - 5 or More Units
Yes
RL00004867
Flood
ACODEMO
ubstantially Damaged?
No
urchase Otter Amount
340,000.00
ase Flood Elevation
feet
irst Floor Elevation
feet
umber of feet the lowest floor elevation of the structure is being raised above Base Flood
levation
feet
oundation type
Flood Zone Designation Area of minimal flood hazards (C, unshaded X)
omments
ttached is the FIRM map, the CAD record, and the Notice of Voluntary Interest See bldg. A for these documents.
ttachments
TWDB Contract No. 1300011734
ttps: / /eservices. fema. gov /FEMAMitigation/Print.do"i " blt B, Page 10 of 27
Page 9 of 2
10/16/201
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Page 10 of 2
TWDB Contract No. 1300011734
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Schedule
Description Of Task
Starting Point
Unit Of Time
Duration
Unit Of Time
Work Complete By
ontract for btle mmpeny and appraisal rum
1
DAYS
1
MONTHS
city's buyout consudtartl
otify owners of award
1
DAYS
1
MONTHS
City's buyout consultard
onduol appraisals
1
MONTHS
2
MONTHS
Appraiser
atermhw Mitigation otter and prepare necessary
3
MONTHS
1
MONTHS
City's buyout consultant
1perwork
^exert oflms to owners
4
MONTHS
2
MONTHS
City's buyout Consubanl
ondua Settlements
B
MONTHS
4
MONTHS
Idle Company
emellsh Properties
7
MONTHS
3
MONTHS
Demolition Contractor
reject Closeout
10
MONTHS
2
MONTHS
City of Beaumont and City's buyout consldlard
mmd Relocation
4
MONTHS
12
MONTHS
Relocabon Consultant
stimate the total duration of the proposed activity:
24
MONTHS
TWDB Contract No. 1300011734
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Page 11 of 2
.00.1 - Acquisition of Private Real Property (Structures and Land) - Riverine
Federal Share: $ 985,626.0(
Item Name
Cost
Classification
Unit
Quantity
Unit of
Measure
Unit Coat (S)
Cost
Estimate (S)
litigation offer amount for 2505 Sweetgum - Bldg A
Land, Structures, Right -of -way
1.00
Each
$ 170, 000.00
$ 170,000.0(
ppraisals
Administrative Expense
3.00
Each
$ 500.00
$ 1,500.01
enant Relocation Buyout Rep Fee
Administrative Expense
32.00
Each
$ 1,200.00
$ 38,400.0(
ettlement Expenses
Administrative Expense
3.00
Each
$ 2.000.00
$ 6,000.0(
nvironmental Inspections (Asbestos)
Demolition And Removal
3.00
Each
$ 350.00
$ 1,050.0(
emolition of 2505 Sweetgum - Bldg A
Demolition And Removal
4,680.00
Square Foot
$ 2.60
$ 12,168.0(
anent Relocation Assistance
Land, Structures. Right -of -way
32.00
Each
$ 5,250.00
$ 168,000.0(
tryout Rep Fee
Administrative Expense
3.00
Each
$ 1,200.00
$ 3,(300.0(
litigation offer amount for 2505 Sweetgum - Bldg B
Land, Structures, Right- of-way
1.00
Each
$ 340,000.00
$ 340,000.0(
litigation offer amount for 2505 Sweetgum - Bldg C
Land, Structures, Right-of -way
1.00
Each
$ 170.000.00
$ 170,000.0(
emolition of 2505 Sweetgum - Bldg B
Demolition And Removal
9,900.00
Square Foot
$ 2.60
$ 25,740.0(
emolition of 2505 Sweetgum - Bldg C
Demolition And Removal
4,680.00
Square Foot
$ 2.60
$ 12,168.0(
pplication Development
Preliminary Expense
1.00
Each
$ 5,000.00
$ 5,000.Ot
ubapplicant Management Fee
Administrative Expense
1.00
Each
$ 12,000.00
$ 12,000.0(
Total Cost
$ 965,626.0
otai Project Cost Estimate: $ 986,626.00
TWDB Contract No. 1300011734
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Cost share
ctivity Cost Estimate
ederal Share Percentage
on- Federal Share Percentage
roposed Federal Share
roposed Non - Federal Share
$ 965,626.00
100%
0%
Dollars Percentage
$ 965,626.00 100%
$ 0.00 0%
Page 12 of 2
Non - Federal Funds
Source Agency Name of Funding Type Amount (i) Action
Source Agency
Grand Total $0.00
you would like to make any comments, please enter them below.
s these are SRL properties funded at 100% there is no local cost share, therefore no match source letter provided
ttachments
,rWDB Contract No. 1300011734
ttps://eservices.fema.gov/FEMAMitigation/Print.doEx""" B, Page 13 of 27 10/16/201
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Cost Effectiveness
ttach the Benefit Cost Analysis (BCA), if completed for this project
Page 13 of 2
at Present Value of Project Benefits (A) $ 1142368.5
otal Project Cost Estimate (B) $ 946626.0
that is the Benefit Cost Ratio for the entire project (AB)? 1.2
you would like to make any comments, please enter them below.
ee attached spreadsheets for details of the project costs and the FEMA calculated Environmental Benefits Calculator used in the B/C calculations. Central Appraisal District (CAD)Tax record
CA report, BCA export also attached. Attached the CAD report are the Marshall and Swift tables used or determining value of property at risk.
ttachments:
505 Sweetaum Ln BCA RgnorLodf
nvironmental Benefits Calculator v2 - City of Beaumont.xls
505 Sweetaum Ln -_ BCA Exoort 6tes zlo
CA calc for aaa.xlsx
505 Sweetaum CAD Data.odf
TWDB Contract No. 1300011734
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1. National Historic Preservation Act - Historic Buildings and Structures
Does your project affect or is it in dose proximity to any buildings or structures 50 y ears or more in age? Yes
If Yes, you must confirm that you have provided the fob lowing:
F1 The property address and origi nal date of construction for each property affected (unles s this Information is already noted in the Properties section),
F, A minimum of two color photographs showing at least three sides of each structure (Please I abel the photos accordingly),
iT A diagram or USGS 1:24,000 scat a quadrangle in ap displaying the relations hip of the property (s) to the project area.
To help FEMA evaluate the impact of the project, pl ease Indicate below any other Information you are providing:
RI Information gathered about potenti at historic properties In the project area, including any evidence indicating the age of the building or structure and presence of
buildings or structures that are I fisted or eligible for listing on the National Register of Historic Places or within or near a National Register listed or eligible historic
district Sources for this information may include the State Historic Preservatl on Officer, and/or the Tribal Historic Preservation Officer (SHPOITHPO), your local
planning office, historic preservation organization, or historical society.
Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures, and any alternatives considered or
implemented to avoid or minimize effects on historic buildings or structures. Please address and note associated costs in your project budget.
T For soquisition/demolition projects affecting historic buildings or structures, any data regarding the consideration and feasibility of elevation, relocation, or flood proofing
as alternatives to demolition.
(✓, Attached materials or addi tional comments.
omments:
ee attached letter to SHPO and SHPO concurrence attached.
ttachments:
HPO Letter.odf
505 Sweetoum Pics.docx
HPO Release.pdf
National Historic Preservation Act - Archeological Rose urces
1. Does your project involve disturbance of ground? No
If Yes, you must confirm that you have provided the following:
r A description of the ground disturbance by giving the dimensions (area, volume, depth, etc.) and location
7, The past use of the area to be disturbed, noting the extent of previously disturbed ground.
r' A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance.
To help FEMA evaluate the Impact of the project, please indicate below any other Information you are providing:
(- Any information about potential historic properties, Including archeological sites, in the project area. Sources o f this information may include SH PO/THPO, and/or the Tnws
cultural resources contact if no THP O is designated. Include. if possible, a map showing the relation of a ny identified historic properties to the project area.
❑ Attached materials oradditional comments.
omments:
ttachments:
:. Endangered Species Act and Fish and Wildlife Coordination Act
1. Are Federally listed threatened or endangered sped as or their critical habitat present In the area affec ted by the project? No
If Yes, you must confirm that you have provided the following:
n Information you obtained to identify species In or near the project area. Provide t he source and data of t he information cited.
To help FEMA evaluate the impact of the project, pl ease indicate below any other information you are providing:
j Any request for Information and associated response from the USFWS, the National Marine Fisheries Service (NM FS) (for affected ocean -going fish), or your State Wddlife
Agency, regarding potential listed species present and potential of the project to impact those species.
Attached materials oradditional comments.
omments:
2. Does your project remove or affect vegetation? No
T W DB Contract No. 1300011734
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If Yes, you must confine that you have provided the following:
F, Description of the amount (area) and ty pe of vegetation to be rem oved or affected.
F', A site map showing the project area and the extent of vegetation affected.
F1, Photographs or digital images that show both the vegetati on affected and the vegetation in context of its surroundings.
To help FEMA evaluate the impact of the project, pi ease indicate below any other information you are providing:
n Attached m aterials or additional cum ments.
omments:
3. Is your project In. near (within 200 feet), or likely to affect any type of waterway or body of water?
If Yes, and project is not within an existing building, you must confirm that you have provided the following:
D A USGS 1:24,000 scale quadrangle map showing the project activities in relation to all nearby water bodies (within 200 feet).
No
Page 15 of 2
F Any information about the ty pe of water body nearby including: its dimensions, the proximity of the project activity to the water body. and the expected and pos sable
changes to the water body , if any. Identify all water bodies regardless whether you think there may be an effect
R A photograph or dig[ tat image of the site showing both the body of water and the project area.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
n Evidence of any discussions with the US Fish and Wildlife Service (USFWS). and/or your State Wildlife Agency concerning any potential impacts if there is the potential for
the project to affect any water body.
n Attached in ateriais or additional corn ments.
omments:
ttachments:
). Clean Water Act, Rivers and Harbors Act„ and Executive Order 11990 (Protection of WeUands)
1. Will the project involve dredging or dispo sal of dredged material, excavation, adding fill material or result In any modification to water bodies or wetlands No
designated as "waters of the U.S" as Identified by the US Army Corps of Engineers or on the National Wetland Inventory?
If Yes, you must confirm that you have provided the following:
[� Documentation of the project location on a U SGS 1:24,000 scale topographic map or image and a copy of a National Wetlands Inventory map or other available
wetlands mapping information.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
F Request for information and respon se letter from the US Army Corps of Engineers and/o r State resource agencies regards ng the potential for wetlands, and
applicability of permitting requirements.
r Evidence of alternatives considered to eliminate or minimize impacts to wetlands.
F, Attached materials or additional comments.
omments:
ttachments:
3. Executive Order 11988 (Floodplain Management)
1. Does a Flood Insurance Rate M ap (FIRM), Flood Hazard Boundary Map (FHBM), hydrologic study, or some other source Indicate that the project b located Yes
in or will affect a 100 year floodplai n, a 500 year floodpiain if a critical facility, an identified regulatory floodway, or an area prone to flooding ?
If Yes, please indicate In the text box below any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to floodpl sins (See the 6
step process found in 44 C FR Part 8.6.) to help FEMA evaluate the impact of the project
ee FIRM attached here and to the Properties section of this application.
' 2. Does the proj ect alter a watercourse, water flow patterns, or a drainage way, regardless of its floodplain desi gnation? No
If Yes, please indicate below any other Information you are providing to help FEMA evaluate the impact of the project
F. Hydrologic/hydraulic information from a qualified engineer to demonstrate how drainage and flood flow patterns will be changed and to identify down and upstream
effects.
TWDB Contract No. 1300011734
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F Evidence of any consultation with US Army Corps of Engineers (maybe included under Part D of the Environmental Information).
E Request for Information and response letter from the State water resource agency, if applicable, with jurisdiction over modification of waterways.
r_ Attached materials or additional comments.
omments:
ttachments:
5o5 Sweetaum FIRMette.odt
Coastal Zone Management Act
1. Is the project located in the State's designated coastal zone? No
If Yes, please Indicate below any other information you are providing to help FEM A evaluate the impact of the project:
F-, Information resulting from contact with the appropriate State agency that implements the coastal zone management program regarding the likelihood of the project's
consistency with the State's coastal zone plan and any potential requirements affecting the cost or des ign of the proposed activity.
F Attached materials or additional comments.
omments:
ttachments:
�. Farmland Protection Policy Act
'I, Will the project convert more than 5 acres of 'prime or unique' farmland outside city limits to a non - agricultural use? No
omments: .
ttachments:
J. RCRA and CERCLA (Hazardous and Toxic Materials)
1. Is there a reason to sus pest there are contam Inents from a current or past use on the property associated with the proposed project? No
If Yes, please Indicate below any other Information you are providing to help FEMA evaluate the impact of the project:
1 1 Comments and any relevant documentation.
F., Results of any consultations with State or toc al agency to obtain permit with requirem ants for handling, disposing of or addressing th a effects of hazardous or tox is
materials related to proj act implementation.
F-1 Attached m aterials or addW onal com ments.
omments:
2. Are there any studies, Investigations, or enforcem ant actions rel ated to the property associated with the propose d project? No
If Yes, please Indicate below any other information you are providing to help FE MA evaluate the impact of the project
C- Comments and any relevant documentation.
Results of any consultations with State or loc al agency to obtain Penn it with requirem ants for handling, di sposing of or addressing th a effects of hazardous or tox is
materials related to project implementation.
F Attached materials oradditi one] comments.
omments:
3. Does any project construction or operation a ctivities involve the us of hazardous or toxic m ateriats? No
If Yes, please indicate below any other Information you are providing to help FE MA evaluate the impact of the project
r Comments and any relevant documentation.
F Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or tox le
materials related to project Implementation.
C� Attached materialsoraddWona !comments.
TWDB Contract No. 1300011734
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omments:
4. Do you know it any of the current or past 1 and -uses of the property affected by the proposed project or of the adjacent properties are associated with
hazardous or toxic materials? No
If Yes, please indicate below any other information you are providing to help FE MA evaluate the Impact of the project
F Comments and any relevant documentation.
( Results of any consultations with State or too al agency to obtain perm it with requirem ants for handling, disposing of or addressing th a effects of hazardous or lox to
materials related to project implementation.
F Attached materials or additional comments.
omments:
ttachments:
Executive Order 12898, Env Ironmental Justice to r Low Income and M Inority Populations
1. Are there low incom a or minority populations in the project's area of effect or adja cent to the projec t area? No
If Yes, you must confirm that you have provided the following:
r-- Description of any disproportionate and adve rse effects to these populati ons.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
1 ; Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please Include specific efforts to
address the adverse impacts in your proposal narrativ a and budget
r Attached materials or additional comments,
omments:
ttachments:
1. Other Environmental/Historic Preservation Laws or Issues
1. Are there other env! ronmentaVhistoric preservation requirements associated with thi s project that you are aware of? No
If Yes, please indicate i n the text box below a description of the requirem ants, issues or public involvem ant effort
2. Are there controversial issues associated with IN s project? No
If Yes, please indicate In the text box below a description of the requirem ants, issues or public involvement effort.
' 3. Have you conducted any public meeting or sol icited public input or comments on your specifle proposed m idgatlon project? Yes
If Yes, please indicate in the text box below a description of the requirem ants, issues or public involvement effort
he City of Beaumont has discussed the submission of an SRL application at multiple City Council meetings and and has held a consultation meeting with each SRL participant on this
pplication.
ttachments:
t. Summary and Cost of Potential Impacts
1. Having answered the questions in pans A. through J., have y ou identifiad any aspects of your proposed project that have the potential to Impact No
environmental resources or historic properties?
if Yes, you must confirm that you have:
('j Evaluated then a potential effe cis and provided the materials required in Parts A through J that id entify the nature and a xtent of potentis I im pads to environm ants]
resources and/or historic properti es.
Consulted with appropriate parties to identify any measures needed to avoid or minimize these impacts.
f7 Considered altemativ as that coui d minimize both the impacts and the cost of the proj act
1'i Made certain that the costs of any measures to treat adverse effe cis are realistically reflected in the project b udget estim ate.
omments:
TWDB Contract No. 1300011734
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Page 19 of 2
Evaluation
y checking the Not Appkcabie box and not providing the information in this section, 1 understand tha t this application may not be selected for the Pre - Disaster Complete
litigation - Competitive Grant Program (PDMC) nor Legislative Pre - Disaster Mitigation Program (LPDM). [/ Not applicable
TW DB Contract No. 1300011734
ttps:// eservices. fema. gov /FEMAMitigation/Print.d&xhibit B, Page 19 of 27
10/16 /201
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Assurances and Certifications
lease click the link in the status column to view forms.
orms
art It: FEMA Form 20.168, Assurances Construction Programs.
Status
Complete
art II: FEMA Form 20 -16C, Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilities Matters; and Drug -Free Workplace complete
equirements.
art III: SF -LLL, Disclosure of Lobbying Activities (complete only d appying for a gram of more man s100,000 and nave lobbying acevtees using Non - Federal funds. See Form za Not Applicable
tc for lobbying activities deAnItlon.)
Page 20 of 2
TWDB Contract No. 1300011734
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FEMA Form 20 -16B, Assurances - Construction Programs
Page 21 of 2
ublic reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering
nd maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
,formation, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.
LEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
END IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
OTE, Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal assistance awarding
gentles may require applicants to certify to additional assurances. If such is the case, you will be notified.
s the duly authorized representative of the applicant, I certify that the applicant
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and fi nancial capability (including funds s ufficient to pay the nonfederal share of
project costs) to ensure proper planni ng, management and completion of the project desc ribed In this application.
2. Will give the awarding agency, the Comptroller General of the United States and, it a ppropriate, the State, through any authorized representative, access to and the right to
examine all records, book s, papers, or docum ants related to the as sistance; and will establish a proper accounting system in accordance with generall y accepted accounting
standards or agency directives.
3. Will not dispose of, modify the use of, or change the term s of the real property title, or other interest in the site and facilities without permission and instructions from the
awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant i n ft title of real
property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of c onstruction plans and specifications.
5. Will provide and maintain competent and adequate a ngineering supervision at the construction site to ensure that the complete work conforms with the approved plans and
specifications and will fumish progress reports and such other information as may be required by the assistance awarding agency or state.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit em pioyees from using their positions for a purpose that constitutes or presents the appearance of person at or organizational conflict of
interest or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 USC Sections 4726 -4763) relating to prescribed standards for merit systems for programs funded under
one of the nineteen s latues or regulatio ns specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).
S. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 USC Section 4801 at seq.) which prohibi Is the use of lead based pal nt in construction or rehabl ilation
of residence structures.
10. Will comply with ail Federal s tatutes relati ng to nondiscrimination. These include but are not lim ited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the bas is of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U SC Sections 1681- 1683, and 1685- 1686),
which prohibits di scrim !nation on the bas is of sex; (c) S action 504 of the Rehabill tation Act of 1973, as amended (29 US C Section 794), which prohibi is discrimination on the
basis of handicaps; (d) the Age Dlscrim inatlon Act of 1975, as amended (42 US C Sections 6101 -6107). which prohi bits discrimination on the bass s of age; (a) the Dr ug
Abuse Office and Treatment Act of 1972 (P L 92 -255), as amended, retail ng to nondiscrimination on the basis of drug abuse; (f) the C omprehensive Aleohol Abuse and
Alcoholism Prevention, Treatment and Rehabilita Lion Act of 1970 (PL 91 -616), als amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
Sections 523 and 527 of the Public Health Service Act of 1912 (42 USC Sections 290 -dd -3 and 290- ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 US C Section 3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (1) any other nondiscrimination provis ions in the specific statutes) under which application for Federal ass! stance is being made; and, (j) the requirem ants of any
other nondiscrimination statute(s) which may apply to the application.
11. Will comply, or has already complied, with the requirem ems of Titles 11 and IiI of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L
91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and Federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 US C Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment
activities are funded I n whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U SC Sections 276a to 276 & -7), the Copeland Act (40 USC Section 276c and 18 USC Section
874), and the Contract Work Hours and Safety Standards Act (40 US C Sections 3 27 -333) regarding labor standards for federal ly assisted construction s ubagreent ants.
14. Will comply with flood insurance purchase requi rements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93 •234) which requires reci plants In a special
flood hazard area to participate In the program and to purchase fl ood insurance I f the total cost of insurable construction and acqui sition Is $10,000 or m ore.
15. Will comply with environm entat standards which m ay be prescribed pursuant to the foil owing: (a) institution of environm ental quality control measures under the N ational
Environmental Policy Act of 1969 (PL 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evalua lion of flood hazards in ft odpfains in accordance with EO 11988; (e) assurance of projee t consistency with the approved State
management program developed under the C oastal Zone M anagement Act of 1972 (16 U SC Section 1451 at seq.); (f) conform ity of Federal acti ons to State (C loan Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 USC Section 7401 at seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended (PL 93 -523); and (h) protecti on of endangered spec gas under the Endangered Species Act of 1973, as
amended (P L 93 -205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 US C Section 1271 at seq.) related to protecting components or potential components of the nati onal wild and
scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 196 6, as amended (16 USC Section 470), EO 11593
(identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 US C Section 469a -1 at seq.).
18. Will cause to be performed the required financial and compliance audits in accordance with the Singl a Audit Act of 1984.
19. Will comply with all applicable requirements of all other Federal laws, Ex ecutive Orders, regulations, and policies governing this program.
20. It will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U SC Section 201), as they apply to employees of
institutions of higher education, hospitals, and other nonprofit organizations.
21. It will obtain approve I by the appropriate Federal agency of the final working drawings and specifications before the proje ct is advertised or placed on the market for bidding;
that it will construct the project, or cause it to be constructed, to fnai completion in accordance with the apps ication and approved plans and specifications; that It will submit
to the appropriate Federal agency for prior approval changes that alter the cost of the project, use of space, or functional layout that it will not enter into a construction
contracts) for the projector undertake other activities until the conditions of the construction grant program (s) have been met.
22. It will operate and m aintain the facility in accordance with the m inimum standards as m ay be required or prescribed by the applicable Federal, State, and loc at agencies for
the maintenance and operation of suc h facilifies.
23. It will require the fact lity to be designed to comply with the "American Standard Specific atlon for Making Buildings and Facilities Accessible to, and Usable by, the Physically
Handicapped,` Number Al17.- 1961, as modified (41 C FR 101 - 17.703). The apptic ant will be responsible for condu cting inspections to ensure compliance with these
specifications by the contractor.
24. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the appli cant, this assurance she)) obligate the
applicant or in the case of any transfer of such property, any transfer, for the pe riod during w hick ft real property, or structure is us ad for a purpose for w hick the Federal
financial assistance is extended or for another purpose i nvolving the provision of similar services or benefits.
25. In making subgrants with nonprofit Ins titudons under this Com prehensive Cooperative Agreement. it agrees that s uch grants will be s ubject to OM B Circul ar A -122, "Cost
Principles for Nonprofit O rganizations" included in Vol. 49, Federf"tt.MaZe Rg0 t t� S V lPF31 (April 27, 1984).
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riot Application
Kyle Hayes, hereby sign this forth as of 08-28 -2013.
TWDB Contract No. 1300011734
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Page 22 of 2
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ru must read and sign these assurances by providing your password and checking the box at the bottom of this page.
ate: Fields marked with an • are required.
snifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements.
pplicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification Included it
to regulations before completing this forth. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR
art 17, "Government -wide Debarment and suspens ion (Nonprocurement) and Govemment -wide Requlrem ants for Drug -Free Workplace (Grants)." The certifications shall be treated as a
iaterial representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or
3operative agreement
. LOBBYING
. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons entering into a grant or cooperative agreement over $100,000, as defined at 44
FR Part 18, the applicant certifies that:
(a) No Federal appropriated funds have been p aid or will be paid, by or on behalf of the u ndersigned, to any person for influent ing or attem pting to influence an officer or
employee of any agency, a Member of Congress, an off car or employee of congress, or an em ployee of a Member of Congress in connection with the making of any Federal
grant, the entering i nto of any cooperative agreem ant and extension, c ontinuation, renewal, am endment, or modification of any Federal grant or cooperative agreem ant;
(b) If any other funds than Federal appropriated funds hav a been paid or will b e paid to any person for influenci ng or attempting to influence an officer or employee of any agency,
a Member of Congress, an offi cer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions;
Standard Form LLL Disclosure of Lobbying Activities Not Attached
(c) The undersigned s halt require that t he language of IN s certification be included in the award documents for all the sub awards at all tiers (including subgrants, co ntracts under
grunts and cooperative agreements, and subcontract (a)) and that all subrecipients shall certify and disclose accordingly.
. DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
s required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR
art 17, Section 17.510 -A. The applicant certifies that it and its principals:
(a) Are not presently debarred, sus pended, proposed for debarm ent, declared ineligible, sentenced to a deni al of Federal beriefl is by a State or Federal court, or vo luntarily
excluded from covered transactions by any Federal departm ant or agency:
(b) Have not within a three -year period preceding this application been convicted of or had a civilian judgment rendered again t them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or perform a public (Federal. State, or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or con mission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherw Ise criminally or civilly charged by a governmental entity (Federal, State, or loc ally) with corn mission of any of the offenses enumerated
in paragraph (1)(b) of this ce indication; and
(d) Have not within a three -year period preceding this application had o no or more public Vans actions (Federal, State, or local) terminated for cause or default; an d
. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
planation:
. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
s required by the Drug -Free Workplace Act of 19 88, and implemented at 44 C FR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.623:
(A) The applicant certifies that it will continue to provide a drug -tree workplace by:
(a) Publishing a statement notifying employees that the unlawful m anufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in
the grantee's workplace and spee ifying the scions that will be taken against employees for violation of such prohibition;
(b) Establishing an on -going drug free awareness program to inform employees about
(1) The dangers of drug abuse i n the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counsel ing, rehabilitation and employee assistance program s; and
(4) The penalties that may be imposed upon em ployees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a con ditlon of em ployment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2)Notify the employee in writing of his or her c onviction for a viola lion of a trim trial drug statute occurring in the workplace no later than fi ve calenda r
days after such conviction.
(e) Notifying the agency, in writing within 10 calendar day s after receiving notice under subparagraph (d)(2) from an employee or otherwise recei ving actual notice of
such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FE MA awarding office, i.e. regional office or FEMA
office.
(f) Taking one of the following ac, lions against such an employee, within 30 calendar day s of receiving notice under subparagraph (d) (2), with respect to any
emptoyee who is so convicted:
(1) Taking appropriate person no[ action against such an employee, up to and including termination, consistent with the requirem ents of the
Rehabilitation Act of 1973, as amended; or
(2) Require such employee to partfapa to satisfactorily in a drug abuse ass istance or rehabilitation program approved for such p urposes by a Federal,
State, or local health, law enforcement or other appropriate agent y.
(g) Making a good effort to cunt inue to maintain a drug free workplace through im piementation of paragraphs (a), (b), (c), (d), (e), and (f),
(B) The grantee m ay Insert in the space provided below the site(s) for qn ef y�o f SMi f"�"n with the specific grant
Exhibit B, Page 23 of 27
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lace of Performance
Street city State ZIP
n Main Street Bea=ord 1x 77701
.ctlon 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application
r FEMA funding. States and State agencies may elect to use a Statewide certification.
Kyle Hayes, hereby sign this form as of 0 8-28 -2013.
TWDB Contract No. 1300011734
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Xn,btt B, Page 10/16/201
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Page 25 of 2
TWDB Contract No. 1300011734
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Comments and Attachm ants
Notice of Voluntary Interest. See bldg. A for these
Name of Section
Comment
weetgum - Bldg B
Attachment
Date Attache
7703
City of Beaumont Subapplicant
Managem ant Fee - 2505 Sweet
aum xls 09 -30 -2013
Notice of Voluntary Interest. See Bid A for these
2505 Sweetaum NVI,pdf
documents.
08 -28 -2013
See attached TWDB 2 page application. SF 20 -22, signed consultation
Signed 20 -15 - COB.odf
7703
08 -28 -2013
ppiicallon Level
agreements, signed 20-15, Letter to the COG, and property location map. Also
FORM 20 -22 - SRL.prlf
08 -28 -2013
see. attached details on the subapplica nt management fee.
COG Letter for Beaumont
FMA odf
08 -28 -2013
2505 Sweetaum Map.pdf
08 -28 -2013
Signed TWOB 2 paaer.pdf
08 -28 -2013
The City of Beaumont has land use, building code, and perm it authority over
litigation Plan
the land within its corporate boundaries - including that area of and affected by
this proposed project
See attached letter from the City relative to maintenance for this project. Also
Buyout Implementation Process.docx
09 -30 -2013
cope of Work
attached is a word docum ant with the details of how the buy out process will be
implemented.
Signed Maint Letter.pdf
08 -28 -2013
ost Share
As these are SRL properties funded at 100% there is no I oval cost share,
therefore no match source [after provided
2505 Sweetaum Ln BCA Reoort.odf
08 -20 -2013
See attached spreadsheets for details of the project costs and the FEM A
calculated Environmental Benefits Calculator used in the B/C calculations.
Environmental Benefits Calculator
v2 - City of Beaumont xls
08 -20 2D13
ost Effectiveness
Central Appraisal District (CAD)Tax records BCA report, BCA export also
2505 Sweetaum Ln - 8 A
Export files zip
08 -20 -2013
attached. Attached the CA 0 report are the Marshall and Swift tables used or
2505 Sweetaum CAD Date.odf
determining value of property at risk.
08 -12 -2013
BCA calc for app.xlsx
08 -20 -2013
See attached letter. to SHPO and SHPO concurrence
2505 Sweataum Pics.docx
08-12-20`13
attached.
HP - A - National
Istoric Preservation
ct - Historic Buildings
SHPO Release.pdf
09 -20 -2013
nd Souctures
SHPO Letter.odf
08 -20 -2013
See FIRM attached here and to the Properties section '
of this application.
HP -E - Executive
ader
�toodplain plain
2505 Sweetaum FIRMette.pdf
08 -20 -2013
lanagement)
The' City of Beaumont has discussed the submission of '
an SRL application at multiple City Council meetings
HP - J - Other
and and has held a consultation meeting with each SRL
nvironmentaUHlstorrc
participant on this application.
reservation taws or
;sues
Attached is the FIRM map, the CAD record, and the "
2505 Sweetaum Pics.pdf
08
Notice of Voluntary Interest.
-20 -2013
roperty - 2505
yr - Bldg A
D Beaumont
AND
2505 Sweetaum FIRMette.odf
08-20 -2013
7703
2505 Sweetaum NVI.Pdf
08 -20 -2013
TWDB Contract No. 1300011734
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Attached is the FIRM map, the CAD record, and the '
Notice of Voluntary Interest. See bldg. A for these
roperty -2505
documents,
weetgum - Bldg B
AND Beaumont
7703
- -- --- - - --- - -- -- - ...,....---------- ------ ._.. - — --
Attached is the FIRM map, the CAD record, and the '
Notice of Voluntary Interest. See Bid A for these
roperty -2505
documents.
weetgum - Bldg C
AND Beaumont
7703
TWDB Contract No. 1300011734
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Tint Application
PPLICATION FOR
EDERAL ASSISTANCE
W 424)
TYPE OF SUBMISSION
cnsuucton
APPLICANT INFORMATION
tget Name
ay of Buratmord
dulness
)1 Mein Street
eaunlont, TX 77701
EMPLOYER IDENTIFICATION NUMBER (EIN)
1$000278
TYPE OF APPLICATION
reject APPtication
). CATALOG OF FEDERAL DOMESTIC ASSISTANCE
Page 26 of 2
2. DATE SUBMITTED Applicant Identifier
0330.2013
3, DATE RECEIVED BY STATE State Application Identifier
09. 30.2013
4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
Organizational Unit
City of Beaumont
Nome and telephone comber of the person to be contacted on matters involving this aPDWcation
Chris Boone, 403880 -3100
8.a. DUNS NUMBER 7. TYPE OF APPLICANT
073901118 Local Government
9. NAME OF FEDERAL AGENCY
Federal Emergency Management Aguncy
11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT
City of Beaumont FMA Acqunillon
i. AREAS AFFECTED BY PROJECT (cites. counties, states, etc)
iFFERSON COUNTY
1. PROPOSED PROJECT:
14. CONGRESSIONAL DISTRICTS OF:
tart Date:
a. Applicant TX
b. Project TX
pd Date:
S. ESTIMATED FUNDING
18. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
YES. 19- AUG•2013
Federal
5 985.828.00
Applicant
$0,00
State
$0.00
Kcal
$ OAO
17. IS THE APPLICANT DEUNOUENT ON ANY FEDERAL DEBT?
No
Otter
$0.00
Program Incorna
$ 0.00
TOTAL
$ 995,828.00
). TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE
PPUCANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
Name of Authorized
b.Titte
c.Telephons Number
epresentative
4098803708
As Hayes
Signature of Authorized Representative
a.Oate Signed
0330 -2013
TW DB Contract No. 1300011734
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Comments for FEMA
ubappllcatlon Is approved by TWDB.
TWDB Contract No. 1300011734
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Page 27 of 2
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Exhibit C
IMPLEMENTATION PLAN
Appraisal and Appraisal Review
City /Contractor will hire an independent State certified appraisal firm. The basis of valuation (pre -
event or current fair market value) will be detennined at the time of award. Since this is FMA, if no
event occurs between application submittal and implementation, the basis of compensation will be
current fair market value as there has not been a recent flood event affecting these homes.
Once appraisals are complete, 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 City /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.
Develop Data for Determining Compensation
Information provided by the community will be reviewed and an amount of compensation for each
parcel will be recommended. The City /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 if pre -event value is used as the basis for
valuation.
Prepare Determination of Compensation and Offer to Sell Real Propert y
Utilizing the data developed or obtained in above Tasks, the City /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 by the Community official,
and; (3) an Offer to Sell Real Property agreement for each parcel.
Meet 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 owner's rights and options will be reviewed. The
Statement of Deternination 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 provided by the client.
Following this meeting, the offer to sell will be presented to the owner.
TwUB Contract No. 11000 1 1 734
Exhibit C, Pale 1 of 2
Review and Oversight of Title Company Activities
The City /Contractor will ensure that the Title Company activities are performed in a timely manner
and in accordance with the terms of the contract. The City /Contractor will review Title Search and
Title Insurance Commitments to ensure that they meet the requirements of the contract. If problems
are encountered, the City /Contractor will seek resolution from the Title Company.
Deeds
The City /Contractor will provide the Title Company a sample Deed for each parcel in a form that
meets the requirements of the FEMA 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.
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.
Demolition
City /Contractor will competitively procure a demolition contract to demolish, within 90 days of
settlement each property.
Determine Relocation Benefits for Eligible Tenants. Specifically:
The City /Contractor will review eligibility for relocation benefits. The City /Contractor will obtain
information from each tenant and calculate benefit amounts to be paid. The City /Contractor will prepare
an Agreement for each eligible tenant and will oversee the payment of benefits. Work with the City and
local real estate agent(s) to identify comparable units in the community and adjacent communities if none
are available in the community. Assist tenants with facilitating the move and determine any additional
moving allowance.
Note: As FEMA funded programs must be voluntary in nature, providing relocation benefits is only
required if the structure being required :is tenant occupied.
TWDB Contract No. 130001 1734
Exhibit C, Page 2 of 2
Exhibit D
TASK BUDGET
TASK
DESCRIPTION
AMOUNT
Task 1
Pre -Award Application Development
$5,000.00
Task 2
Appraisals
1,500.00
Task 3
Settlement Expenses
6,000.00
Task 4
Buyout Rep Fee
3,600.00
Task 5
Mitigation Offer— 2505 Sweetgum Bldg. A
170,000.00
Task 6
Mitigation Offer — 2505 Sweetgum Bldg. B
340,000.00
Task 7
Mitigation Offer — 2505 Sweetgum Bldg. C
170,000.00
Task 8
Tenant Relocation Assistance
168,000.00
Task 9
Tenant Relocation Buyout Rep Fee
38,400.00
Task 10
Environmental Inspections (Asbestos)
1,050.00
Task 1'I
Demolition — 2505 Sweetgum Bldg. A
12,168.00
Task 12
Demolition — 2505 Sweetgum Bldg. B
25,740.00
Task 13
Demolition — 2505 Sweetgum Bldg. C
12,168.00
Task 14
Subapplicant Management Fee
12,000.00
Total
$965,626.00
EXPENSE BUDGET
EXPENSE CATEGORY
AMOUNY
Demolition
$51,126.00
Subcontractor
17,000.00
Property Buyout'
897,500.00
Total
$965,626.00
Property uyout is defined as the cost of Site Acquisitions, Appraisal, Settlement Expenses, Property Owner Counseling,
Title Search and Closing, and Tenant or Inhabitant Relocation Assistance
TWDB Contract No. 130001 1734
Exhibit D, Page I of 1
2
September 16, 2014
Consider a resolution authorizing the annulment of the award to G & G Enterprises of Beaumont
for the construction of the Hike & Bike Trail — Phase II Project
RICH WITH OPPORTUNITY
irc A► 11 1�1 C1 11 *
T - E - X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Joseph Majdalani, P.E., Public Works Director —il
September 16, 2014
REQUESTED ACTION: Council consider a resolution authorizing the annulment of
the award to G & G Enterprises of Beaumont in the amount
of $724,200.01 for the construction of the Hike & Bike
Trail — Phase II project.
BACKGROUND
On July 22, 2014, City Council approved Resolution No. 14-159, which conditionally awarding a
contract to G & G Enterprises for the construction of the Hike & Bike Trail - Phase II in the
amount of $724.200.01. On August 18, 2014, as part of the contract requirements, G & G
Enterprises submitted three (3) executed Disadvantaged Enterprise Program (DBE) Commitment
Agreement forms to the City. The City verified with the listed DBE's that they had not signed
the DBE forms that were submitted by G & G Enterprises and had not been contacted by G & G
Enterprises related to this project. When questioned about these discrepancies the owner of G &
G Enterprises had no explanation for how this occurred. He represented that he had bids from
these DBE's for this project. The owner of G & G Enterprises was asked to provide the bids in
question. However, the owner did not provide those documents, instead he did provide three (3)
completed DBE forms that were executed after the City employees met with the owner of G & G
Enterprises.
In accordance with the Specifications and Contract Documents, Section 0100, Instructions to
Bidders, page 8 paragraph 18 states, Failure or refusal to enter into an Agreement as herin
provided or to confirm to any of the stipulated requirements in connection therewith shall be
Just cause for an annulment of the award and forfeiture of the Bid Security. In this case the
contractor failed to provide the required documentation after being awarded the contract
therefore is just cause for an annulment of the award.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
to and including 20 percent of any Bid Item, without a change in the unit price, and shall include the right
to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total
amount not to exceed 20 percent of the Contract Price, without formal, authorized Change Order to the
Contract.
13. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request,
signed by the Bidder or its properly authorized representative. Such written request must be delivered to
the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids.
14. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions,
limitations, or provisions attached to the Bid will render it informal and may cause its rejection as being
non - responsive. The completed Bid forms shall be without interlineations, alterations, or erasures.
Alternative Bids will not be considered unless expressly called for and if supplied, without request, will
be considered as additional bids and will be judged non - responsive and therefore rejected. Oral,
telegraphic, facsimile or telephone Bids or modifications will not be considered.
15. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, are set forth ui the Agreement.
16. SUBSTITUTE OR "OR- EQUAL" ITEMS - The Work, if awarded, will be on the basis of materials
and equipment described in the Drawings or specified in the Technical Specifications without
consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or
specified in the Technical Specifications that a substitute or "or- equal" item of material or equipment may
be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance will
not be considered by the Engineer until after the Effective Date of the Agreement. The procedure for
submittal of any such application by the Contractor and consideration by the Engineer is set forth in
Section entitled: "Contractor Submittals" of the Technical Specifications.
17. AWARD OF CONTRACT - Award of Contract, if awarded, will be based primarily on the lowest
overall cost to the Owner, and will be made to a responsive, responsible Bidder whose Bid complies with
all the requirements prescribed. Unless otherwise specified, any such award will be made within the
period that the Bids remain open, however, such period shall not exceed 90 calendar days. Unless
otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid
Schedule. In the event the Work is identified in more than one Bid Schedule, the Owner may award
schedules individually or in combination. In the case of 2 or more Bid Schedules which are altemativeto
each other, only one of such alternative schedules will be awarded.
18. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written
Agreement with the Owner on the form provided, shall secure all insurance documents specified, and
shall furnish all certificates and bonds required by the Contract Documents within fourteen (14) calendar
days after receipt of the Agreement forms from the Owner. Failure or refuusal to enter into an Agreement
as herein provided or to conform to any of the stipulated requirements in connection therewith shall be
just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive,
responsible Bidder refuses or fails to execute the Agreement, the Owner may award the Contract to the
second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder
refuses or fails to execute the Agreement, the Owner may award the Contract to the third lowest
responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute
the Agreement, each such Bidder's Bid Securities shall be likewise forfeited to the Owner. Upon failure
RESOLUTION NO.
WHEREAS, on June 19, 2014 bids were solicited for furnishing all labor, materials,
equipment and supplies for the construction of the Hike & Bike Trail - Phase II Project; and,
WHEREAS, on July 22, 2014, the City Council of the City of Beaumont passed
Resolution No. 14 -159 approving the conditional award of a contract to G & G Enterprises,
of Beaumont, Texas, in the amount of $724,200.01 for furnishing al labor, materials,
equipment and supplies for the construction of the Hike & Bike Trail - Phase II Project
pending TxDOT's concurrence of the award of the contract to G & G Enterprises; and,
WHEREAS, G & G Enterprises was deemed unresponsive as all required
documentation was not provided; and,
WHEREAS, the Council would like to annul the conditional award of a contract to
G & G Enterprises, of Beaumont, Texas, by rescinding Resolution No. 14 -159;
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 award to G & G Enterprises, of Beaumont, Texas, in the amount of
$724,200.01 for the construction of the Hike & Bike Trail - Phase II Project is annulled; and,
BE IT FURTHER RESOLVED THAT Resolution No. 14 -159 is hereby and
forevermore rescinded.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
3
September 16, 2014
Consider a resolution authorizing the conditional award of a bid pending TxDOT concurrence to
Bruce's General Construction, Inc. of Beaumont for the construction of the Hike & Bike Trail —
Phase II project
RICH WITH OPPORTUNITY
17C A► 11 1�1 C1 N *
T - E - X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Joseph Majdalani, P.E., Public Works Director TM
September 16, 2014
REQUESTED ACTION: Council consider a resolution authorizing the conditional
award of a bid pending TxDOT concurrence to Bruce's
General Construction, Inc. of Beaumont in the amount of
$727,898.92 for the construction of the Hike & Bike Trail —
Phase II project.
BACKGROUND
On July 26, 2011, City Council approved a resolution authorizing the City Manager to execute a
Local Transportation Project Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) for the Hike & Bike Trail — Phase II project. The Federal Highway
Administration (FHWA) awarded $661,134.00 to the City of Beaumont for 80% match of the
estimated project cost and on September 1, 2011 a contract was executed. The City agreed to
provide 20% match funds in the amount of $165,284.00 and 100% of any additional project
expenditures.
On Thursday, June 19, 2014 bids were solicited for furnishing all labor, materials, equipment and
supplies for the construction of the Hike & Bike Trail — Phase II project.
Five (5) bids were received as follows:
Contractor
Bid Amount
Location
G & G Enterprises
$724,200.01
Beaumont, TX
Bruce's General Construction, Inc.
$727,898.92
Beaumont, TX
Allco, Inc.
$732,560.00
Beaumont, TX
McInnis Construction, Inc.
$752,230.49
Silsbee, TX
L & L General Contractors
$845,602.30
Beaumont, TX
G &G Enterprises failed to submit the necessary documentation to enter into an agreement with
the City. In accordance with the Specifications and Contract Documents, Section 0100,
Instructions to Bidders, page 8 paragraph 18 it states, f the lowest responsive, responsible
Bidder refuses or fails to execute the Agreement, the (honer may award the Contract to the
second lowest responsive, responsible Bidder. The second lowest bidder in this case is Bruce's
General Construction, Inc., of Beaumont, TX.
To satisfy federal funding requirements, TxDOT will provide a letter of concurrence before final
award is granted.
FUNDING SOURCE
The Federal Highway Administration (FHWA) awarded $661,134.00 for the project. Funds are
available in the Capital Program for the difference.
RECOMMENDATION
Approval of resolution.
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to and including 20 percent of any Bid Item, without a change in the unit price, and shall include the right
to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total
amount not to exceed 20 percent of the Contract Price, without formal, authorized Change Order to the
Contract.
13. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request,
signed by the Bidder or its properly authorized representative. Such written request must be delivered to
the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids.
14. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions,
limitations, or provisions attached to the Bid will render it informal and may cause its rejection as being
non - responsive. The completed Bid forms shall be without interlineations, alterations, or erasures.
Alternative Bids will not be considered unless expressly called for and i #'supplied, without request, will
be considered as additional bids and will be judged non - responsive and therefore rejected. Oral,
telegraphic, facsimile or telephone Bids or modifications will not be considered.
15. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, are set forth in the Agreement.
16, SUBSTITUTE OR "OR- EQUAL" ITEMS - The Work, if awarded, will be on the basis of materials
and equipment described in the Drawings or specified in the Technical Specifications without
consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or
specified in the Technical Specifications that a substitute or "or- equal" item of material or equipment may
be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance will
not be considered by the Engineer until after the Effective Date of the Agreement. The procedure for
submittal of any such application by the Contractor and consideration by the Engineer is set forth in
Section entitled: "Contractor Submittals" of the Technical Specifications.
17. AWARD OF CONTRACT - Award of Contract, if awarded, will be based primarily on the lowest
overall cost to the Owner, and will be made to a responsive, responsible Bidder whose Bid complies with
all the requirements prescribed. Unless otherwise specified, any such award will be made within the
period that the Bids remain open, however, such period shall not exceed 90 calendar days. Unless
otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid
Schedule. In the event the Work is identified in more than one Bid Schedule, the Owner may award
schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to
each other, only one of such alternative schedules will be awarded.
18. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written
Agreement with the Owner on the form provided, shall secure all insurance documents specified, and
shall furnish all certificates and bonds required by the Contract Documents within fourteen (14) calendar
days after receipt of the Agreement firms from the Owner. Failure or refusal to enter into an Agreement
as herein provided or to conform to any of the stipulated requirements in connection therewith shall be
just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive,
responsible Bidder refuses or fails to execute the Agreement, the Owner may award the Contract to the
second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder
refuses or fails to execute the Agreement, the Owner may award the Contract to the third lowest
responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute
the Agreement, each such Bidder's Bid Securities shall be likewise forfeited to the Owner. Upon failure
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the conditional award of a contract to Bruce's
General Construction, Inc., of Beaumont, Texas, in the amount of $727,898.92 for
furnishing all labor, materials, equipment and supplies for the construction of the Hike &
Bike Trail - Phase II Project pending TxDOT's concurrence of the award of the contract to
Bruce's General Construction, Inc.; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Bruce's General Construction, Inc., of Beaumont,
Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
September 16, 2014
Consider a resolution approving the award of a contract to Rural Pipe and Supply, Inc. of Jasper
for the purchase of brass fittings and gate valves to be used by the Water Utilities Department
tt i z,ki 1rfIh 0F'P0 Ft'Fvh!t`i
11EAUMON
T - E • X - A - S City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer *-
MEETING DATE: September 16, 2014
REQUESTED ACTION: Council consider a resolution approving the award of an
eleven (11) month contract for the purchase of brass fittings
and gate valves to be used by the Water Utilities
Department, in the total estimated amount of $275,283.
BACKGROUND
Bids were received from six (6) vendors for an eleven (11) month contract for brass pipe fittings
and cast iron gate valves. The eleven (11) month contract period is established to coincide with
the expiration of the master water utility inventory contract. The materials are used in the repair
and maintenance of existing water and sewer lines and installation of new service lines in order
to maintain adequate water and sewer service throughout the City.
Bids were evaluated upon the lowest total price per section on an all or none basis and which
provides the best value to the City. Only bidders providing pricing for every item within each
section were considered. Pricing is to remain firm for the term of the contract. Specifications also
required all bids involving brass materials to quote items that are certified NSF61 lead -free
compliant and are of domestic (USA) manufacture.
Requests for local vendor consideration were submitted by Coburn's, Inc., and ACT Pipe &
Supply, Inc. However neither calculation resulted in net bids which fell within the five percent
(5 %) scope of the consideration requirement.
The administration recommends award of an eleven (11) month contract to Rural Pipe and
Supply, Inc., of Jasper in the estimated amount of $275,283.
FUNDING SOURCE
Water Utilities Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for an eleven (11) month contract for the purchase
of brass pipe fittings and cast iron gate valves for use by the Water Utilities Department;
and,
WHEREAS, Rural Pipe & Supply, Inc., of Jasper, Texas, submitted a bid in the
estimated amount of $275,283, as shown on Exhibit 'A" attached hereto; and,
WHEREAS, City Council is of the opinion that the bid submitted by Rural Pipe &
Supply, Inc. should be accepted;
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 bid submitted by Rural Pipe & Supply, Inc., of Jasper, Texas, for an
eleven (11) month contract for the purchase of brass pipe fittings and cast iron gate valves
for use by the Water Utilities Department in the estimated amount of $275,283, as shown
on Exhibit 'A" attached hereto, be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Rural Pipe & Supply, Inc., of Jasper, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
September, 2014.
- Mayor Becky Ames -
RICH WITH OPPORTVN/TY
BEAUMON*
T- s- x- A- s
Bid Name:
Bid Number:
Bid Opening:
Contact Person:
CITY OF BEAUMONT, BEAUMONT, TEXAS
PURCHASING DIVISION BID TABULATION
Eleven Month Contract for Brass Pipe Fittings & Gate Valves
BF0414-45
Thursday, August 14, 2014
Robert J. Hollar, Buyer II
rhollar anci.beaumont.tx.us
VENDOR
Rural Pipe & Supply
Johnson Supply
HD Supply
Coburn's
Jasper
Palestine
Beaumont
Beaumont
SECTION- 1 BRASS PIPE FITTINGS
$ 146,81 5.00
$ 161 ,661 .00
$ 159,030.00
$ 158,934.00
DOMESTIC -NO LEAD ONLY
SECTION-2 VALVES -DUCTILE IRON
$ 128,468.00
$ 145,882.75
$ 136,439.10
NO BID
AMERICAN FLOW PREFERRED
TOTAL
$ 275,283.00
$ 307,543.75
$ 295,469.10
$ 158,934.00
VENDOR
CPR/MDN
ACT Pipe & Supply
New Caney
Beaumont
SECTION- I BRASS PIPE FITTINGS
$ 153,960.00
$ 176,851.00
DOMESTIC -NO LEAD ONLY
SECTION-2 VALVES -DUCTILE IRON
$ 147,41 8.90
$ 141 ,751 .90
AMERICAN FLOW PREFERRED
TOTAL
$ 301,378.90
$ 318,602.90
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PUBLIC HEARING
* Receive comments on the 2014
(FY 2015) Proposed Tax Rate
RICH WITH OPPORTUNITY
[11'CA,111�1011
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
September 16, 2014
Council to hold a second public hearing on the 2014 (FY
2015) Proposed Tax Rate.
Administration recommends maintaining the current tax rate of $0.69/$100 of assessed valuation
for FY 2015. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate
exceeds the lower of the rollback rate of $.742727/$100 or the effective tax rate of
$.687249/$100, the City Council must take a record vote to place the proposal to adopt the rate
on the agenda of a future meeting and hold two public hearings. The effective tax rate is the rate
that would produce the same amount of taxes in FY 2015 as was produced in FY 2014 if it was
applied to the same properties taxed in both years. The proposed tax rate of $0.690000/$100
exceeds the effective tax rate of $.687249/$100 by $.002751/$l 00. In addition to holding two
public hearings, a Notice of Proposed Tax Rate is required to be published in the newspaper
prior to the first hearing only, and on the city website, and on a television channel, if available,
through the adoption of the tax rate. City Council took a record vote on August 12, 2014. The
notice was published in the newspaper, on the website and on the cable channel 4 on August 19,
2014 and the first public hearing was held on August 26, 2014.