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HomeMy WebLinkAboutTexas Dept of Labor and Standards 198443/ THE STATE OF TEXAS DEPARTMENT OF LABOR AND STANDARDS CONTRACT AND AGREEMENT FOR LOCAL INSPECTION OF MANUFACTURED HOUSING THIS AGREEMENT, made on the day of -, 19 by and between the Texas Department of Labor and Standards, (':ereinafter referred to as "TDLS") located at E. O. Thompson State Office Building, 920 Colorado Street, Austin, Texas 78701 and City of Georgetown (hereinafter referred to as the "City") whose business address is P. O. Box 409, Georgtown, Texas County of Williamson. This agreement is entered into by the parties pursuant to the authority and power conferred upon the Department of Labor and Standards by Article 5221f, Texas Revised Civil State of Texas, the Texas Manufactured Housing Standards Act (hereinafter referred to as "TMHSA"). WHEREAS, under the provisions of the TMHSA, TDLS is responsible for the approval and inspection of manufactured housing to assure that such complies with the regulations, codes and standards required for the construction and installation of manufactured housing in the State of Texas, and whereas,'the City desires to enter into an agreement to inspect the on-site construction and installation of manufactured housing placed within said city and within the area served with utilities by said City. NOW THEREFORE, intending to be legally bound hereby, the parties, in consideration of the inspections to be performed by .the City for TDLS, their mutual covenants,and other good and valuable consideration, it is mutually agreed as follows: (1) This agrement shall be in effect for the period of to (2) Following the date of this agreement, the inspection responsibility for manufactured housing to be located within such areas of said City shall be divided between TDLS and the City as hereinafter agreed to in this contract. 4& 43.E (3) TDLS shall inspect all construction of manufactured housing at the manufacturing construction plant or facility. (4) The City shall inspect all on-site construction and installation of manufactured housing within the said area. (S) The City agrees to assume full responsibility for appropriate inspections to assure that on-site construction and installation are in accordance with the applicable building code, plans and specifications as approved by TDLS, and the rules and regulations promulgated by TDLS. (6) TDLS will charge and collect from the manufacturer its normal and customary review inspection, and alteration fee. (7) TDLS will reimburse the City for inspections made pursuant to contractual authorization by TDLS. (8) TDLS will charge and collect from the builder, contractor or retailer its normal and customary inspection fee. (9) This agreement shall not be in violation of the Constitution or any statue of the State of Texas, rule or regulation of TDLS. (10) This agreement may be terminated by the Commissioner upon thirty (30) days written certified notice to the City. (11) The City may withdraw from this agreement upon thirty (30) days certified written notice to the Commissioner of TDLS. (12) This agreement may be reformed to be in conformity with any revisions, deletion, amendments or additions to Article 5221f, Revised Civil Statute of Texas or upon mutual agreement between the parties. (13) The City agrees to provide training to its inspectors pursuant to the rules and regulations of TDLS. (14) TDLS reserves the right to monitor any inspections performed by the City. (15) Venue arising from any dispute between the parties involvedpursuant to this Agreement shall be Travis County, Texas. (16) That in the event any section, or part of section or provision of this contract be held invalid, unconstitutional, or inoperative, this shall not affect the validity of the rerr:;,ining sections, or parts of sections of this contract, but the remainder of the contract shall be given effect as if •said invalid, unconstitutional or inoperative section, or part of section or provisions, has not been included. In the event any penalty, right or remedy created or given in any section or part of this contract is held invalid, unconstitutional or inoperative, this shall not affect the validity,of any other penalty, right or remedy created or given either in the whole contract or in the Section thereof containing such invalid, unconstitutional or inoperative part, and if any exception to or any limitation upon any general provision herein contained shall be held to be unconstitutional or invalid, the general provisions shall nevertheless stand effective and valid as if the same had been agreed to without such limitation or exceptions. witness our hand on the day of , 1985. City of Georgetown County of Williamson State of Texas '