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HomeMy WebLinkAboutResolution - 2003-R0128 - Interlocal Agreement To Write Grant Applications For Reconstruction Activities - 03/27/2003Resolution No. 2003-RO128 March 27, 2003 Item No. 35 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement between the City of Lubbock and the City of Shallowater for the City of Lubbock Community Development Department to write a grant application for State of Texas HOME Funds for rehabilitation and reconstruction activities to be implemented in Shallowater and implement and administer said program, if approved and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th ATTEST: CQ. 75 Rebdcca Garza, City Secretary APPROVED AS TO CONTENT: rlav of March ?nn,I Todd Steelman Interim Community Development Director APPROVED AS TO FORM: Amy Sims, gs/ccdocs/ t ocal Agreement-Shallowater Home Funds rehab.res March 1 3 00 Resolution No. 2003-RO128 March 27, 2003 INTERLOCAL AGREEMENT Item No. 35 BY AND BETWEEN THE CITY OF LUBBOCK, TEXAS AND THE CITY OF SHALLOWATER, TEXAS THIS Interlocal Agreement is made this 27th day of March , 2003 between the City of Lubbock, Texas (herein called "Lubbock") and the City of Shallowater, Texas (herein called "Shallowater"). WHEREAS, both cities share a common goal to improve housing conditions in the South Plains and to reduce homelessness in the area; and WHEREAS, Shallowater desires to apply for certain funds by and through the Texas Department of Housing and Community Affairs (herein called "TDHCA") in order to reconstruct or rehabilitate eligible owner occupied single family houses within the City of Shallowater (herein called the "Program"); and WHEREAS, the funds are made available to Shallowater by and through a grant as set forth in 24 CFR Part 92 and 10 TAC Chapter 53, commonly known as the HOME grant (herein called the "Grant"); and WHEREAS, Lubbock has administered a similar program for its own citizens and has particular knowledge in preparing applications and administering programs pursuant to the Grant; and WHEREAS, Shallowater desires to utilize the knowledge that Lubbock has acquired and Lubbock desires to assist Shallowater in improving the housing in the Shallowater area. NOW THEREFORE the parties do hereby agree as follows: SCOPE OF SERVICE A. Lubbock agrees to write the application required for approval of the Program by TDHCA (herein called the "Application") in order to be eligible for Grant funds. Shallowater agrees to supply any and all information and assistance required by Lubbock to complete the Application. B. If TDHCA does not grant any funds pursuant to the Application, any and all obligations created by this Agreement shall terminate. Lubbock shall have no liability and Shallowater shall hold Lubbock harmless if the Application is not accepted in whole or in part. C. Lubbock agrees to perform the following tasks, if the Program is accepted in whole or in part by TDHCA: 1. Administer the Grant funds as the Fiscal Agent. 2. Market the Program to potential qualified applicants. 3. Identify and approve qualified applicants for the Program. 4. Conduct the initial inspection on properties of the qualified applicants (the "Properties") to ensure the Properties qualify for the Program. 5. Prepare the work write-ups based upon the initial inspection in order to prepare the necessary paperwork to issue bids for work required on the Properties. 6. Supervise the bid process with contractors approved either by Lubbock or Shallowater. 7. Once an acceptable bid is received, prepare any and all required legal documents and conduct the closing on the loans administered pursuant to the Program. 8. Inspect all work conducted on the Properties approved for the Program while the rehabilitation or reconstruction occurs on the Properties and conduct a final inspection on the Properties to ensure all work is completed satisfactorily. 9. Prepare files on the Properties and the qualified applicants, including all loan documents related thereto (herein called the "Files") and deliver the Files to that responsible person as designated by Shallowater. The Files shall include all documents in possession of Lubbock related to the Properties. 10. Lubbock's responsibility for administering the Program's requirements shall terminate as to each individual applicant and/or property involved in the Program at the time each respective File is delivered to Shallowater. C. Shallowater agrees to perform the following tasks: 1. Supply Lubbock with the name and identity of any and all required beneficiaries and trustees for the purposes of required legal documents for the Program, including, but not limited to promissory notes, mechanic lien contracts and/or deeds of trust. 2. Accept the Files as delivered by Lubbock. 3. Administer the Program requirements upon delivery of the Files as to each respective applicant and/or Property. 4. Enforce any and all legal documents filed on the Properties pursuant to the Program, including, but not limited to promissory notes, mechanic's lien contracts and/or deeds of trust. 5. Be responsible for any and all audits and inspections as may be conducted by TDHCA and/or the United States Department of Housing and Urban Development. 6. Maintain client data demonstrating client eligibility for services provided as said information shall be delivered by Lubbock. Such information shall include data as required by the terms of the Grant and shall be maintained for the time period as required by the Grant. D. Lubbock shall be compensated for all services it provides pursuant to this Agreement by receiving any and all allowable administrative costs from the funds made available for the Program, to the fullest extent permitted, as set forth in the Grant. The total allowable administrative costs shall not be less than four percent (4%) of the total funds granted to Shallowater for the Program. II. GENERAL CONDITIONS A. General Compliance. Both parties agree to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement. B. Relationship of Parties. The relationship between Lubbock and Shallowater is at all times solely that of contractors, and may not be deemed, in any event, a partnership or a joint venture. C. Termination. Both parties may cancel this agreement at any time by giving two weeks notice at the above address by certified mail. At the end of the two week notice period, any Program projects that are incomplete shall be completed by Shallowater. Lubbock shall deliver any and all documents related to the Program prior to the end of the two week notice period. If either party fails to comply with federal, state or local law, then this agreement may be terminated automatically and all obligations related hereto shall terminate. Shallowater shall be responsible for any and all incomplete Program projects at the time of the termination. D. Responsibility. The parties shall be responsible for their own respective claims, actions, suits, charges and judgments whatsoever that arise out of their respective performance or nonperformance of the subject matter called for under this Agreement. E. Application Terms. Lubbock agrees to abide by the terms of the Application. Shallowater hereby warrants and certifies that the Application and the Project complies with all federal, state and local laws. Lubbock shall not be held liable for any failure of the Application or the Project to comply with federal, state and local law. F. Audits and Inspections. All Lubbock and Shallowater records with respect to any matters covered by this Agreement shall be made available to either party, their designees or the Federal or State governments, at any time during normal business hours, as often as either party deems necessary to audit, examine, and make excerpts of all relevant data for the purpose of audit. G. Revenue. The parties agree hereto that all payments made pursuant to this Agreement must be made from current revenues available to each respective party. H. Notice. Any notice required or permitted to be given herein must be given in writing and must be personally delivered, delivered by telephonic facsimile, or mailed by prepaid certified or registered mail to the party to whom such notice or communication is directed at the address of such party as follows: CITY OF LUBBOCK: Community Development Director P. 0. Box 2000 Lubbock, Texas 79457 (806)775-2301 FAX: (806)775-3281 CITY OF SHALLOWATER: Susie Williamson City of Shallowater P. 0. Box 246 Shallowater, Texas 79363 832-4521 832-4495 (Fax) Any such notice or other communication shall deemed to have been given (whether actually received or not) on the date it is personally delivered or delivered by telephonic facsimile, or, if mailed, on the third day after it is mailed as aforesaid. Any party may change its address for purposes of this Agreement by giving notice of such change to all other parties pursuant to this Section II. H. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year hereinabove set forth. THE CITY OF LUBB ATTEST: THE CITY OF SHALLOWATER, TEXAS: MAYOR MOE DOZIER, VAYOR rQ C �' 4 0 -C g - Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Todd Steelman, Interim Community Development Director APPROVED AS TO FORM: 0 Am�LSims, ssistan yAttorney ATTEST: