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18-R-122 - Community Development block grant with Bexar CountyRESOLUTION NO. 18 -R -122 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") recommended that the City reenter into an agreement with Bexar County, Texas to participate with Bexar County, Texas in its re- qualification process as an Urban County for continued participation in the Housing and Urban Development Community Development Block Grant, HOME and ESG Programs for the fiscal years 2019, 2020 and 2021; and WHEREAS, the City Council approved Resolution 18 -R -55 on May 8, 2018 which authorized this; and WHEREAS, Bexar County has subsequently provided an amendment to this agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the amended agreement with Bexar County, Texas pursuant to the Amendment to Community Development Block Grant Program Cooperative Agreement, attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS I I so ET4� Section 1. The City Council hereby authorizes the Mayor to execute and deliver the Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 4th day of September, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpe , ayor ATTEST: (Rr�en- Dennis, City Secretary (CITY SEAL) EXHIBIT A AMENDEMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT I_N STATE OF TEXAS § AMENDMENT TO § COMMUNITY DEVELOPMENT § BLOCK GRANT PROGRAM COUNTY OF BEXAR § COOPERATIVE AGREEMENT This Amendment to Community Development Block Grant Program Cooperative Agreement (the "Agreement ") is entered into by and between Bexar County ( "COUNTY "), a political subdivision of the State of Texas, and City of Schertz ( "CITY "), a municipal corporation under the laws of the State of Texas (also, individually, a "Party" or, collectively, the "Parties "). RECITALS WHEREAS, on July 10, 2018, the Parties entered a Cooperative Agreement for Community Development Block Grant funded activities; and WHEREAS, the Parties seek to amend the agreement in order to comply with U.S. Department of Housing and Urban Development, Community Planning and Development, Notice CPD- 18 -02, Instructions for Urban County Qualification for Participation in the Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2019 -2021, Section V, Cooperation Agreements which requires certain additional language be incorporated into new and existing Cooperative Agreements between the Parties. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1 AMENDMENTS 1.01 The Parties agree that the current Community Development Block Grant Program Cooperative Agreement shall be amended as provided below. Any text added to the agreement shall be identified by underlining and any text deleted shall be identified by use of st4ke4lffeeg font. 1.02 The "Recitals" section of the original Cooperative Agreement is hereby amended to incorporate the following paragraph: "It is the leaal minion of counsel for COUNTY, the Bexar County Criminal District Attorney, that the terms and provisions of the agreement are fully authorized under all applicable State and Local law and that the agreement provides full legal authority for the COUNTY to undertake the responsibilities and obligations which are the subject of this agreement. Said legal opinion is affirmed by the signature of the assianed Assistant District Attorney provided herein." 1.03 Article II, Term, Section 2.02 is hereby amended as follows: 2.01 "Automatic Renewal; Termination. This Agreement will automatically renew for each new three -year Urban County qualification period, unless CITY or COUNTY provides written notice of its intention to end its participation in this Agreement to the other Party before the end of a three -year qualification period. COUNTY agrees to notify CITY, in writing, of its right to elect not to participate in a new qualification period by the date specified in the HUD's Urban County Qualification Notice for each new qualification period...." 1.04 Article III, Other HUD Requirements is hereby amended to add the following provision as Section 3.07 and to renumber the original Sections 3.07 and 3.08 as Sections 3.08 and 3.09, respectively: 3.07 No Transfer of Funds. CITY may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non- Federal considerations, but must use such funds for activities eligible under title I of the Act. ARTICLE 2 OTHER TERMS AND CONDITIONS 2.01 All other terms and conditions of the Community Development Block Grant Program Cooperative Agreement between the Parties are unchanged and remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE , DAY OF , 2018. {SEPARATE SIGNATURE PAGES FOR EACH PARTY TO FOLLOW} CITY OF SCBE By: a, r or Designee ATTEST-, —, By:�6`s City Secretary COUNTY OF BEXAR By: Nelson W. Wolff County Judge ATTEST: By: Gerard C. Rickhoff County Clerk APPROVED AS TO LEGAL FORM: By: Katherine Ramos Assistant Criminal District Attorney Civil Division APPROVED AS TO FINANCIAL CONTENT: By: Susan T. Yeatts County Auditor By: David Smith County Manager APPROVED: By: David Marquez Executive Director, Economic and Community Development Department