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HomeMy WebLinkAboutResolution No. 2019-09 RESOLUTION NO. R2019-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING AND APPROVING THE 2018 COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RECOVERY. (CDBG-DR) WHEREAS, the City of Friendswood City Council finds it in the best interest of the citizens of Friendswood, that the City of Friendswood, support project applications for the Community Development Block Grant — Disaster Recovery (CDBG-DR) funds allocated to Galveston County for acquisition of Frenchman's Creek in Friendswood, TX. WHEREAS,the City of Friendswood agrees that in the event of loss or misuse of CDBG- DR funds, the City of Friendswood assures that the funds will be returned in full. NOW THEREFORE, BE IT RESOLVED that the City of Friendswood supports the Galveston County submission of the Community Development Block Grant — Disaster Recovery grant application for the Frenchman's Creek Acquisition program. Furthermore, the Mayor is authorized to sign an interlocal agreement between Galveston County and the City of Friendswood regarding the administration of program funds. PASSED,APPROVED,AND ADOPT D this the 1st day of April,2019. lr 1 e F• eman fF Mayor ATTEST: rba w V � Melinda Welsh, TRMC �.., . d ® ® r City Secretary w OFF ®® INTERLOCAL AGREEMENT FOR CDBG DR-4332-2017 LOCAL BUYOUT AND ACQUISITION PROGRAM STATE OF TEXAS § COUNTY OF GALVESTON § This Agreement is entered into by and between Galveston County, Texas, hereinafter referred to as "COUNTY", and the City of Friendswood,hereinafter referred to as "CITY". WITNESSETH WHEREAS, COUNTY and CITY are authorized to enter into this Inter-local Agreement pursuant to Tex. Gov't. Code Ann., Section 791.001, et seq. known as the Inter-local Cooperation Act; and WHEREAS, COUNTY is an eligible applicant for CDBG DR-4332-2017 LOCAL BUYOUT AND ACQUISITION PROGRAM funds through the Texas General Land Office (an agency of the State of Texas) (TXGLO); and, WHEREAS, COUNTY and CITY desire to promote the general health and safety of residents; and, WHEREAS, COUNTY and CITY has identified a potential threat to the public health and safety and wishes to mitigate future damages, losses and injuries; and, WHEREAS, COUNTY, on behalf of CITY intends to apply for CDBG DR-4332-2017 LOCAL BUYOUT AND ACQUISITION PROGRAM funds through the Texas General Land Office, TXGLO for the purpose of providing infrastructure improvements that, upon completion, will be conveyed, owned and operated by CITY. WHEREAS, in order to accomplish the above-mentioned necessary improvements, CITY desires to contract with COUNTY, whereby COUNTY will enter into the following necessary contractual agreements: Contract with the TXGLO; and an inter-local agreement with the City of Friendswood. The City of Friendswood will Contract with a qualified grant administration/project delivery firm as solicited in accordance with the requirements of 2 C.F.R. § 200 by CITY or if permitted, administer the project administration in house; and, Contract with a qualified engineering firm as solicited in accordance with the requirements of 2 C.F.R. § 200 by CITY or if permitted, administer the project engineering in house; and, ancillary Construction Contracts, as necessary; and Contracts with appropriate third parties for surveying services, appraisal services, property acquisition services and other services, if necessary, for acquisition of property rights with respect to the improvements. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements contained herein, the parties mutually agree, as follows: PURPOSE It is the purpose of the parties to this Inter-local Agreement to set forth the terms, rights and duties of the parties hereto whereby COUNTY, as a unit of general local government, will administer the above-described grant funds for the project described herein, and in the exhibits attached hereto, and whereby COUNTY will provide certain administrative services relating thereto for the ultimate benefit of CITY. TERMS, RIGHTS AND DUTIES PART I - SERVICES AND CONDITIONS 1,1 Subject to the provisions hereof, COUNTY agrees to administer the CDBG DR-4332-2017 LOCAL BUYOUT AND ACQUISITION PROGRAM funds described herein, as COUNTY is a unit of general local government, doing so for the ultimate benefit of the CITY. 1.2 COUNTY further agrees to enter into the following contract with the Texas General Land Office on behalf of CITY: 1.2.1 Contract with the TXGLO to provide CDBG DR-4332-2017 LOCAL BUYOUT AND ACQUISITION PROGRAM funds; 1.2.2 CITY agrees to contract with a qualified grant administration/project delivery firm for the provision of necessary and related grant management services or if permitted, administer the project administration in house. 1.2.3 CITY agrees to contract with a qualified engineering firm for the provision of project engineering services or if permitted, administer the project engineering in house. 1.3 COUNTY further agrees to administer said grant funds, pursuant to Contract. 1.4 The parties hereto agree that certain financial obligations, responsibilities, and liabilities may be incurred by COUNTY and CITY, pursuant to the entering into of the above-mentioned contracts and the administration of said grant funds. 1.5 COUNTY further agrees that, as to easements or other miscellaneous goods and services which may be necessary for the project's completion, CITY is authorized to act as the COUNTY's agent and incur such costs, in accordance with the budget as established in COUNTY's contract with TXGLO, as may be necessary and reasonable for said easements, services and goods, in accordance with Federal laws (including, without limitation, the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970, as amended), State laws and CDBG Program rules and regulations. 1.6 COUNTY further agrees to reimburse CITY from grant funds for any such eligible program costs as allowed in Section 1.5, above. CITY agrees to present any and all documentation requested by the COUNTY prior to cash drawdowns by the COUNTY from TXGLO contract funds for such reimbursement. 1.7 The CITY agrees to enter into the following contracts: Ancillary Contracts as necessary; and contracts with appropriate third parties for surveying services, appraisal services, property acquisition services and other services, if necessary, for acquisition of property rights with respect to the improvements. 1.8 CITY agrees that the reimbursement to CITY from grant funds for eligible program costs as allowed in Section 1.5, above, will be limited to the budget as established in COUNTY'S contract with the TXGLO. 1.9 COUNTY further agrees that, as to easements which are necessary, CITY is authorized to proceed with acquisition in CITY'S name in accordance with Federal laws, State laws and CDBG Program rules and regulations. 1.9.1 CITY shall take title and commits to maintain and operate improvements. 1.10 To the extent allowed by law, CITY hereby agrees that it will completely indemnify and hold harmless COUNTY from any and all claims, of whatever kind, and from any and all financial obligations or claimed obligations relating to said grants funds or related to the agreements listed in Section 1.2 and Section 1.5 of this Inter-local Agreement, insofar as any such claim or obligation cannot be paid out of grant funds. 1.11 CITY agrees, in carrying out its obligations hereunder, to act in compliance with all federal laws, including, without limitation, the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970, as amended, state laws and HMGP Program rules and regulations. PART II - TERM The term of this Inter-local Agreement shall commence on the date of COUNTY's acceptance of the grant funds made on the basis of this Inter-local Agreement, and continue in full force and effect through the extinguishing of any and all claims, obligations, or responsibilities, of whatever kind, relating to the administering of said grant funds or the agreements listed in Section 1.2 and Section 1.5 of this Inter-local Agreement. PART III-SEVERABILITY In case any one or more of the provisions contained in this Inter-local Agreement shall for any reason be invalid, illegal or unenforceable in any respect, such invalidation, illegality or unenforceability shall not affect any other provision hereof and this Inter-local Agreement shall be construed as if such invalid, illegal or unenforceable provision(s)had never been contained herein. PART IV -ENTIRETY This Inter-local Agreement contains the entire Agreement of the parties. Any prior agreements, promises, negotiations or representations not expressly contained in this Inter-local Agreement are of no force and effect. IN WITNESS WHEREOF, COUNTY enters into this Inter-local Agreement EFFECTIVE the 25th day of March, 2019 and the CITY enters into this Inter-local Agreement EFFECTIVE the 1st day of April, 2019 APPROVED BY GALVESTON COUNTY on the 25th day of March, 2019, and executed by MARK HENRY, Judge, as authorized representative of COUNTY. ATTEST: GALVESTON COUNTY / By ',, # 0 r ‘0, , By;,------,-- if ------ ----,, k--- ' -------..,,--,--- , , Brandy C apman/ Deputy ,...." ','","-Dyight D. Sullivan, County Clerk Mark A. Henry, Judge • J - :"TQ BE APPROVED BY THE CITY COUNCIL of the CITY of FRIENDSWOOD on the 1st day of April, 2019, and executed by MIKE FOREMAN , Mayor of the City of Friendswood , as authorized representative of the City of Friendswood . ATTEST: The City of Friendswood e' i By: - 6 ' ' Melinda welsh .. 00,..,..,,, vike Fo .man B . / ..,,,,.._,,,,9 . li, '`. • - . City of Friendsw000&City '':ai-s4 , , . ,ayo ity of Frii ndswood ,,. .-.- tie 1.0., ...,p,,,... ....., ..„,,,,,,,.., ......, .. , ....*....,4_,. OFT- r-'; . .. . . . ...