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HomeMy WebLinkAboutItem 05 - Grapevine Housing AuthorityMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: ITEM P 5 - HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER 9) NOVEMBER 2, 2004 GRAPEVINE HOUSING AUTHORITY INTERLOCAL AGREEMENT City Council to consider approving the renewal of an Interlocal Agreement with the Grapevine Housing Authority (GHA) for the services of the Executive Director and for Facility Maintenance Services. FUNDING SOURCE: Funding for these services will be paid by the Grapevine Housing Authority. BACKGROUND: Since February 2000, the City has been providing services to the Grapevine Housing Authority (GHA) for Executive Director and Facility Maintenance Services, pursuant to an Interlocal Agreement. The Agreement was entered into at the request of the GHA in order to facilitate improved administrative direction and facilities services. Both the GHA Board and the City have found the agreement to be of continued mutual benefit. Debra Wells continues to serve admirably as the Executive Director and the City's Building Services Department continues to provide an extremely high quality of service to the residents of GHA. If the Agreement is renewed, the Executive Director services will continue to be provided by Ms. Wells. While reporting to the Director of Administrative Services for City administrative purposes, she will continue to operate under the authority of the GHA Board of Commissioners, pursuant to the GHA bylaws on a day to day basis. The City will continue to provide facilities maintenance services under this agreement. Facility maintenance will consist of supplying GHA one man-year (2080 regular hours) of routine maintenance work in a manner similar to prior years. Any extraordinary maintenance required beyond the regular category will be contracted. Monitoring of the contracted work will be done by the City and all approvals for contracted work must be given by the GHA Board of Commissioners. October 12, 2004 (11:16AM) A total estimated annual cost to the GHA for this Agreement for FY05 is: $125,369. Executive Directors Services $69,105 Facility Maintenance Services $56,264 The term of this Agreement is for one year. Staff anticipates continuation of the arrangement with annual renewals. Attached is a copy of the renewal Interlocal Agreement for Council's consideration. Staff recommends approval. Ragmintedocalagreemen=04 October 12, 2004 (11:16AM) THE STATE OF TEXAS § Interlocal Cooperation Agreement COUNTY OF TARRANT § This Agreement is made and entered into by and between the CITY OF GRAPEVINE, TEXAS, a municipal corporation (the "City"), and THE GRAPEVINE HOUSING AUTHORITY, a public body corporate and politic (the "Authority") WITNESSETH: WHEREAS, the City Council of the City has heretofore found and declared that unsanitary and unsafe inhabited dwelling accommodations exist within the City, and, therefore, there is a need for the Authority to function within the City; and WHEREAS, pursuant to such Declaration, and in accordance with Chapter 392 of the Texas Local Government Code, the Authority was created; and WHEREAS, the Authority and the City are separate and independent political subdivisions exercising essential governmental functions; and WHEREAS, the City and the Authority mutually desire to clarify and ratify the relationship between each party hereto. NOW THEREFORE, in consideration of the Premises and the agreements, covenants and promises hereinafter set forth, it is agreed as follows: 1. Reaffirmation of the Premises The Authority and the City are separate entities having a mutual interest in the health and welfare of the citizens of Grapevine, Texas. INTERLOCAL COOPERATION AGREEMENT Page 1 Q Statutory Authority and Purpose of Agreement This Agreement is entered into pursuant to Texas Government Code, Sections 392.059 and Chapter 791, the purpose of this Agreement being to provide for cooperation between the City and the Authority with respect to the functions and/or services. 3. Scone of Services to be Provided by the City In connection with the functioning of the Authority, the City shall cooperate with the Authority as follows: (a) Personnel Services. The City shall provide the personnel to perform the job of Executive Director and maintenance work on behalf of the Authority. Such employees, when acting in connection with this Agreement, shall be agents of the Authority. The Authority agrees to pay to the City an amount equal to the employees' combined salaries and the City's portion of employment taxes, insurance costs, retirement contributions and other fringe benefits applicable to such employees, as detailed in the attached Exhibit "A", which is incorporated herein by reference. Exhibit A reflects the scope of services the City will provide to the Authority for the position of Executive Director and maintenance work, along with an estimate of actual City costs to provide those services. The Authority shall only be responsible to reimburse the City for no more than actual costs of the employees provided by the City. Any amount due to the City shall be payable by the Authority to the City by payment transfer from the separate bank account of the Authority fifteen (15) days from receipt of billing from the City. Said Exhibit A shall be applicable unless and until the City submits a revised cost schedule to the Authority. Any revised INTERLOCAL COOPERATION AGREEMENT Page 2 cost schedule submitted by the City requires approval by the Authority prior to its incorporation herein. Nothing contained herein shall be deemed to constitute a prohibition of the Authority to employ its own staff who would not be employees of the City. (b) Procurement Services. The City agrees to furnish, when requested by the Authority, procurement and administrative services relating to contracts for goods and services as required by the Authority in conducting its public operations. Such services shall include the solicitation of competitive bids, publication notices, solicitation of proposals, receipt of bids and proposals, assistance in evaluating the best bid or proposal and such other services as are currently provided in procurement for City operations. Authorization for such procurement services and approval of bids shall be at the sole discretion of the Authority. Such discretion shall be based on federal and state guidelines. The foregoing procedures are subject to change to the extent changes are necessary to maintain compliance with statutes, rules, regulations and/or guidelines as are promulgated by the U.S. Department of Housing and Urban Development, other applicable Federal agencies and/or the State of Texas. For procurements on behalf of the Authority, City will comply with Chapter 252 of the Texas Local Government Code. Nothing contained herein shall be deemed to prohibit the Authority from providing its own procurement services. (c) Management Services. The Executive Director of the Authority provided by the City shall have general supervision over the administration of the business and the affairs of the Authority as set forth in the Authority's Bylaws. The Executive Director shall be a City employee deemed acting under this Agreement. The Executive Director shall manage and operate the Authority's programs utilizing the services set forth herein. INTERLOCAL COOPERATION AGREEMENT Page 3 1 �, The Authority is not prohibited by this Agreement from performing for itself any of the services described herein, or any additional services as provided by law. 0 Remuneration to the City The Authority shall remunerate and/or reimburse the City for all services it performs from current revenues of the Authority on the basis of the, costs incurred by the City, as shown on Exhibit A. 5. Insurance The City and the Authority shall each obtain their own insurance coverages as necessary and proper, and reasonably available, including, without ]mutation, general liability insurance, workers' compensation, fidelity bonds and directors and officers liability including public officials errors and omissions insurance with limits of no less than $ 1,000,000.00 insurance. The Authority shall name the City as additional insured on all applicable coverages. The City and the Authority acknowledge that in the event of any claim or cause of action which may arise between the City and the Authority, the name of the City as an additional insured under any Authority insurance policy shall cease solely for the purpose of the claim or cause of action and all benefits of such insurance shall revert solely to the policyholder and its other additional named insureds. INTERLOCAL COOPERATION AGREEMENT Page 4 6. Other Services The City agrees to furnish to the Authority other services under such terms and conditions as the City and the Authority may agree upon pursuant to the Interlocal Cooperation Act. Payments to the City for such services shall be based upon the estimated cost for same pursuant to a letter agreement applicable to such service. 7. Status of Commissioners and Employees Any personnel employed to perform the Executive Director and maintenance work on behalf of the Authority pursuant to this Agreement, or employed to perform services on behalf of the Authority as stated in Paragraph 6 of this Agreement shall be employees of the City of Grapevine, not of the Authority. Any other persons employed by the Authority shall be employees of the Authority and not employees of the City of Grapevine. Authority Commissioners shall be unpaid volunteers and shall not be employees of either the City or the Authority. Both the City and the Authority agree that no joint employment relationships are intended by this Agreement. This Agreement does not create any contract of employment or contract of benefits with any person. Nothing in this Agreement should be construed as a guarantee of continued employment or continuation of office to any person by the City or the Authority. INTERLOCAL COOPERATION AGREEMENT Page 5 Indemnification (a) Indemnification by the Authority. To the extent allowed by law, the Authority agrees to indemnify, defend and hold the City, its officers, agents, and employees harmless against any and all claims, demands, causes of action and liabilities whatsoever arising out of the Authority's operations or its failure to fulfill its obligations and duties pursuant to this Agreement. (b) Indemnification by the City. To the extent allowed by law, the City agrees to indemnify, defend and hold the Authority, its officers, directors, employees, and agents, harmless against any and all claims, demands, causes of action and liabilities whatsoever arising out of the City's cooperation with the Authority or the City's failure to fulfill its obligations and duties pursuant to this Agreement. a Successors and Assigns The City and the Authority each bind themselves, their successors and assigns to perform this Agreement. Neither the City nor the Authority will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the City. INTERLOCAL COOPERATION AGREEMENT Page 6 10. Applicable Law This Contract is entered into subject to applicable federal and state law and to the City of Grapevine Charter and ordinances of City, as they may be amended from time to time, and is subject to Texas and federal laws. Situs of this Contract is agreed to be Tarrant County, Texas, for all purposes, including performance and execution. In No Third -Party Beneficiary For purposes of this Agreement, including its intended operation and effect, the parties (the City and the Authority) specifically agree and covenant that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with the City or the Authority or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations due by them to either the City or the Authority. 12. Venue The parties to this Agreement agree and covenant that this Agreement will be enforceable in Grapevine, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas INTERLOCAL COOPERATION AGREEMENT Page 7 13. Headings The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereto. 14 Default If either party hereto shall default in the performance of any of the terms or conditions of this Agreement, such defaulting party shall have thirty (30) days after delivery to such defaulting party of written notice of such default within which to cure such default. 15. Term and Termination The term of the Agreement shall from the expiration of the prior agreement executed between these parties and for one (1) year beyond the date of the full execution of this Agreement. This Agreement may be renewed upon the mutual agreement of the parties for up to four (4) one (1) year terms. This agreement will continue in full force and affect until such time as a new agreement is entered into by written consent of both parties. This Agreement may be amended or revised at any time upon written consent of the parties. The parties agree not to terminate this Agreement unless thirty (30) day's written notice of such intention to terminate is given by the party desiring termination to the non -terminating party. INTERLOCAL COOPERATION AGREEMENT Page 8 16. Legal Construction In case any one (1) or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 17. Duties and Requirements The Authority agrees that its performance under this Agreement shall comply with the Texas Local Government Code, Chapter 392, and agrees that the duties, requirements and tasks its Executive Director shall request of the City's staff members will be in accordance with such law. 18. Attorney Fees If any action at law or in equity, including an action for declaratory relief, is brought by either party to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees from the other party, which fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief which may be awarded. INTERLOCAL COOPERATION AGREEMENT Page 9 19. Notice Notices under this Agreement shall be given to the following parties by certified mail, return receipt requested, to the addresses indicated below or at such other addresses as may be designated in writing by the parties from time to time: Housing Authority City of Grapevine Grapevine Housing Authority Grapevine, Texas Attention: Chairman City of Grapevine Grapevine, Texas Attention: City Manager EXECUTED this day of , 2004, in duplicate originals. CITY OF GRAPEVINE, TEXAS Lo ATTEST: Roger Nelson City Manager Linda Huff, City Secretary INTERLOCAL COOPERATION AGREEMENT Page 10 APPROVED AS TO FORM: -0 City Attorney HOUSING AUTHORITY OF THE CITY OF GRAPEVINE, TEXAS By: Marian Nicastro- Chairman ATTEST: By: Executive Director/Secretary RGHAInterlocalAgreement2004 INTERLOCAL COOPERATION AGREEMENT Page 11 EXHIBIT A ' Facility Maintenance Services To the Grapevine Housing Authority Contract With the City of Grapevine, Texas The City of Grapevine will provide Facility Maintenance Services to the Grapevine Housing Authority at the request of the Executive Director of the Grapevine Housing Authority or her designee. 2. This service will typically be provided from 7:00 A.M. to 4:00 P.M., Monday — Friday (with the exception of City of Grapevine official holidays). Cost of this Regular hourly service will be charged back to the Grapevine Housing Authority on a monthly basis at a service rate of $27.05/hour. 3. Should the services requested be outside of the scope of services typically provided by the Facilities Maintenance staff or should the work requested overburden the Facilities Maintenance staff, the City of Grapevine agrees to acquire necessary proposal(s) for the work requested and provide these to the Executive Director for necessary action by the Board of Commissioners. The City of Grapevine Facilities Maintenance staff will monitor the work performed by outside contractors to insure conditions of contract are met an work is performed in a quality manner. 4. The City of Grapevine agrees to provide 2080 Regular man-hours of Facility Maintenance Service to the Grapevine Housing Authority sites over the course of one (1) year, for a total cost of $56,264. Each hour of Regular hourly service will be charged against this amount ($56,264) at a rate of 1 hour per hour of service provided. Each hour of Overtime hourly service will be charged against this amount ($56,264) at a rate of 1.5 hours per hour of service provided. 5. The Grapevine Housing Authority will provide the City of Grapevine the use of the Maintenance employee's vehicle for the duration of this contract. The City of Grapevine will provide Preventative Maintenance work in accordance with City Procedures and Policies. The cost of providing all vehicle maintenance and repair costs shall be absorbed by the City of Grapevine. 6. The City of Grapevine will perform all work in accordance with Federal, State and Local Codes, Laws and Ordinances. The costs of all Building Permits, Electrical Permits, etc. will be passed directly through to the Grapevine Housing Authority without any markup. October 12, 2004 (11:16AM) EXHIBIT "A" November 2, 2004 GHA Executive Director Cost 2M Salary TMRS Medicare Health/DentalNision/Life Workers Comp Insurance Longevity pay Sick Leave sell back Total ANNUALCQST $53,211 7,101 791 6,439 235 288 1,040 $69,105 October 12, 2004 (11:16AM)