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HomeMy WebLinkAboutC2022-228 - 5/24/2022 - Approved DocuSign Envelope ID:96F3DE1A-EE1B-476D-9C3B-9BDOF3F83E6D -4 AGREEMENT FOR HOMELESS AND HOUSING SERVICES CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This Agreement ("Agreement") is entered into by and between the City Of Corpus Christi, a Texas home-rule municipal corporation ("City") and Corpus Christi independent School District, a political subdivision of the State (""Subrecipient"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, on or about February 21, 2022, Subrecipient filed an Application for Homeless Housing and Services Program (HHSP) General Youth Set-Aside and Ending Homelessness Funds (EHF) with the City for FY2022-2023. WHEREAS, on or about July 6, 2022, the City entered into a contract with the Texas Department of Housing and Community Affairs ("TDHCA"), Contract Number 18226070008, for the "FY 2022 Texas Homeless Housing and Services Program Youth Set- Aside" program which was made effective September 21, 2021 (the "TDHCA Agreement"); WHERAS, on or about July 8, 2022, the City and TDHCA entered into a First Amendment to the TDHCA Agreement to amend Budget to the TDHCA Agreement to provide for Youth Set Aside funds under the FY 2022 Texas Homeless Housing and Services Program ("First Amendment to the TDHCA Agreement"); and WHERAS, Subrecipient operates a Homeless Youth Food Bank program which provides food and other essential services for homeless youth in Corpus Christi, Nueces County, Texas; WHEREAS, the City and Subrecipient desire to enter into an agreement whereby Subrecipient agrees to provide a food bank program and other essential services to the homeless youth in Corpus Christi, Texas and the City agrees to reimburse Subrecipient with funding from TDHCA for some of those expenditures in accordance with the terms of this Agreement, the TDHCA Agreement referenced herein and any amendments thereto. NOW, THEREFORE, In consideration of the mutual covenants provided herein and for other good and valuable consideration, the receipt of which Is hereby acknowledged, the City and Subrecipient agree as follows: 1. Scope. Subrecipient agrees to provide a food bank program and other essential services to homeless youth in Corpus Christi, Texas in accordance with the terms of this Agreement and in accordance with the terms of the TDHCA Agreement attached hereto and incorporated herein for all purposes as "Exhibit A." SUBRECIPIENT AGREEMENT CCISD Page 1 of 6 DocuSign Envelope ID:96F3DE1A-EE1B-476D-9C3B-9BDOF3F83E6D Subrecipient further agrees to comply with all terms and conditions of the First Amendment to the TDHCA Agreement, attached hereto and incorporated herein as Exhibit "B." Subrecipient further agrees to complywith all terms and conditions set out in CCISD's Application for Homeless Housing and Services Program General Youth Set-Aside and Ending Homelessness Funds attached hereto and incorporated herein as Exhibit "C." Subrecipient further agrees to comply with all Federal, State and local laws and regulations referenced in the TDHCA Agreement and the Frist Amendment to the TDHCA Agreement. 2. Term. The term of this Agreement shall be effective September 1, 2021 and shall end on February 28, 2023. Provided, however, the City shall have until June 30, 2023 to process and pay any invoices from Subrecipient for services rendered under this Agreement up until February 23, 2023. 3. Contract Amount. The maximum amount which City will reimburse Subrecipient for services rendered during the term of this Agreement is TWENTY-ONE THOUSAND DOLLARS AND NO/I 00 ($21,000.00). Payment will be made for services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Homeless & Housing Services-NHS Department 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Jennifer Buxton, Assistant Director Neighborhood Services Department 1201 Leopard Street, 2nd Floor Corpus Christi, Texas 78401 (361) 826-3976 Jenniferb9@cctexas.co 5. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not SUBRECIPIENT AGREEMENT CCISD Page 2 of 6 DocuSign Envelope ID:96F3DE1A-EE1B-476D-9C3B-9BDOF3F83E6D represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 6. Independent Contractor. SUBRECIPIENT will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 7. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 8. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 9. Taxes. SUBRECIPIENT covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable faxes for its employees. Upon request, the Contract Administrator shall be provided proof of payment of these taxes within 15 days of such request. 10. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day taxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Neighborhood Services Department 1201 Leopard Street, 2nd Floor Corpus Christi, Texas 78401 (361) 826-3976 (office) IF TO CONTRACTOR: Corpus Christi Independent School District 801 Leopard Street Corpus Christi, Texas 78401 (361) 695-7200 (office) 11. SUBRECIPIENT AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF SUBRECIPIENT AGREEMENT CCISD Page 3 of 6 DocuSign Envelope ID:96F3DE1A-EE1B-476D-9C3B-9BDOF3F83E6D LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY SUBRECIPIENT OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUBRECIPIENT OR ITS EMPLOYEES OR AGENTS, SUBRECIPIENT MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUBRECIPIENT UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 12. Insurance. Before performance can begin under this Agreement, Subrecipient must deliver a Certificate of Insurance ("CQI") and copies of insurance policies (if requested by City), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COl must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. Insurance requirements are as stated in Exhibit C attached hereto and incorporated herein by reference. Failure to maintain any of the types and limits of insurance required by Exhibit C is cause for the City to immediately terminate this Agreement and cancel any reimbursements or payments which may accrue to Subrecipient. 13. Termination. (A) Termination for Cause. The City may terminate this Agreement for Subrecipient's failure to comply with any of the terms, conditions and covenants of this Agreement. The City shall give SUBRECIPIENT written notice of the breach and set out a reasonable opportunity to cure. If Subrecipient has not cured the breach within the cure period set out in the City's notice of breach, the City may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City may terminate this Agreement for convenience upon ten (10) days written notice to SUBRECIPIENT. SUBRECIPIENT shall cease all work and services called for in this Agreement upon receipt of the City's written notice to terminate this Agreement for convenience. The City shall pay SUBRECIPIENT for all services provided in accordance with the terms of this Agreement up until SUBRECIPIENT'S receipt of the City's Notice to Terminate the Agreement for convenience. SUBRECIPIENT AGREEMENT COS© Page 4 of 6 DocuSign Envelope ID:96F3DE1A-EE1B-476D-9C3B-9BDOF3F83E6D 14. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 15. Assignment. No assignment of this Agreement by Subrecipient or of any right or interest contained herein, is effective unless the City Manager or his designee first gives written consent to such assignment. The performance of Services described in this Agreement by Subrecipient is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 16. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 17. Public Information Requests. The parties acknowledge that the City is a Texas governmental entity subject to the Texas Public Information Act (the "Act"). Should City receive a request for disclosure of Confidential Information pursuant to the Act, City will promptly provide Contractor notice of such request in accordance with Section 552.305 of the Texas Government Code so that Contractor may avail itself of any opportunities to establish reasons why the information should be withheld prior to disclosing such Confidential Information. The burden of establishing the applicability of exceptions to disclosure of Confidential Information under the Act resides with Contractor. Should Contractor be unable to establish a valid exception from disclosure or exclusion from the Act or protective order, then City may release the information, solely to the extent necessary to comply with the Act. 18. Certificate of Interested Parties. Subrecipient agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 19. Governing Law. Subrecipient agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas, 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior SUBRECIPIENT AGREEMENT CCISD Page 5 of 6 DocuSign Envelope ID:96F3DE1A-EE1B-476D-9C3B-9BDOF3F83E6D negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CORPUS CHRISTI NDEPENDENT SCHOOL DISTRICT Signature: 1//�e­( ZZ&'a— .11 V Printed Name: q_ 167 6 -C'r r Title: C Date: d feen,.b er 2-0 2-Z ATTEST: CITY OF CORPUS CHRISTI DocuSigned by, DocuSigned by: UVIIJA skwAyf L71 Lie L-1-11<- �A Rebecca Huerta, City Secretary Linda Stewart, Director Department of Neighborhood Services Date: 1011212022 — Ord. 032771 Authorized By Approve to Form: Council 5/24/2022 VDS Kent McIlyar, Assistant City Attorney Attached and Incorporated by Reference: Exhibit A: TDHCA Agreement Contract No. 18226070008 Exhibit B: First Amendment to TDHCA Agreement 18226070008 Exhibit C: CCISID Application for HHSP General Youth Set-Aside and Ending Homelessness Funds for FY2022-2023 Exhibit D: Insurance Requirements SUBRECIPIENT AGREEMENT CCISD Page 6 of 6