HomeMy WebLinkAboutC2020-225 - 6/9/2020 - Approved MEMORANDUM OF AGREEMENT BETWEEN
NUECES COUNTY COMMUNITY ACTION AGENCY AND
THE
CITY OF CORPUS CHRISTI
This Memorandum of Agreement ("Agreement") is entered into by and between the
City of Corpus Christi, Texas ("City") and Nueces County Community Action Agency
("NCCAA").
Recitals
Whereas, the U.S. Congress has passed the Coronavirus Aid, Relief, and Economic
Security (CARES)Act to assist individuals in need;
Whereas, the Nueces County Community Action Agency will administer some of the
CARES and related federally assisted funds to provide financial assistance for utility
payments and other emergency assistance;
Whereas, the City desires to participate in the CARES and related utility assistance
programs administered by NCCAA which will allow the City to receive utility payments
for qualified households and apply payments to accounts of utility customers for
qualified NCCAA clients;
Whereas, the City and NCCAA desire to work cooperatively to facilitate the provision
of this CARES assistance to eligible City utility customers;
Whereas, the NCCAA will work with its partners, like Workforce and Catholic Charities
and related organizations, to exclusively provide client outreach to identify qualified
clients. The NCCAA will have final determination related to eligibility of all clients,
including grant amounts; and
Whereas it is understood that the NCCAA will work with other municipalities within the
jurisdiction of Nueces County in order to also assist their clients seeking similar utility
assistance.
NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the
City and NCCAA, hereby agree as follows:
1. Purpose. The purpose of this Agreement is to set out the understanding of the
parties regarding the CARES utility assistance program to be administered by the
NCCAA.
SCANNED
•
2. Duties of the City.
A. The City will promptly process and apply the payments received from the NCCAA
to the respective utility customer account.
B. The City Manager or Assistant City Manager may execute all agreements and
documents required by NCCAA for the City's participation in this NCCAA administered
CARES utility assistance and related federally-assisted programs.
3. Duties of the NCCAA.
A. The NCCAA will be responsible for the administration of the CARES utility
assistance and related federally-assisted programs.
B. The NCCAA will establish the income eligibility requirements and total client grant
amounts for the CARES utility assistance and related programs in compliance with
applicable laws and regulations.
C. The NCCAA will issue utility payments to the City, at a minimum, on a monthly
basis, on behalf of the eligible City utility customers.
4. Term of Agreement. This Agreement takes effect once approved by all Parties.
This Agreement shall be for a term of one year, and shall be automatically renewed
annually or until funds are entirely obligated or expended. Any party may terminate
participation in this Agreement by giving at least two (2) weeks written notice to the
other party
5. Entire Agreement. This Agreement, including Attachments, represents the entire
Agreement between the Parties and supersedes any and all prior agreements
between the parties, whether written or oral, relating to the subject of this Agreement.
6. Severability. If any provision of this Agreement is held invalid for any reason, the
invalidity does not affect other provisions of the Agreement, which can be given effect
without the invalid provision. To this end the remaining provisions of this Agreement
are severable and continue in full force and effect.
7. Immunity not Waived. Nothing in this Agreement is intended, nor may it be
deemed, to waive any governmental, official, or other immunity or defense of any of
the Parties or their officers, employees, representatives, and agents as a result of the
execution of this Agreement and the performance of the covenants contained in this
Agreement.
8. Civil Liability to Third Parties. Each Party will be responsible for any civil liability
for its own actions under this Agreement, and will determine what level, if any, of
insurance or self-insurance it should maintain for such situations.
2
9. Amendments to Agreement.
A. This Agreement may be amended by written Agreement approved by the
executive director for each party.
B. No officer or employee of any of the Parties may waive or otherwise modify
the limitations in this Agreement, without the express action of the governing
body of the Party.
10. Captions. Captions to provisions of this Agreement are for convenience and
shall not be considered in the interpretation of the provisions.
11. Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Texas, including laws and regulations by Texas Department of Housing
and Community Affairs and related federal funding sources. Venue for an action
arising under this Agreement shall be in accordance with the Texas Rules of Civil
Procedure.
NUECES COUNTY COMMUNITY ACTION AGENCY
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Alma A. Barrera, Chief Executive Officer Date
CITY OF CORPUS CHRISTI, TEXAS
By:' ;;;eO?l/V50,
Peter Zanoni, City Manager Date
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