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HomeMy WebLinkAboutC2023-231 - 9/19/2023 - Approved DocuSign Envelope ID: B781E06B-8D3A-44ED-A1AO-BOAEOB308942 0 AGREEMENT FOR HOMELESS AND HOUSING SERVICES Nueces Center for Mental Health and Intellectual Disabilities 182 This Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Nueces Center for Mental Health and Intellectual Disabilities (MHID) a non-profit organization located at 1630 S. Brownie Blvd, Corpus Christi, Texas 78414 ("Subrecipient"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Subrecipient submitted an application with the City for Homeless Housing and Supportive Services Program, General and Youth Set-Aside Program Funds for FY2022-2023; WHEREAS, on or about September 1, 2023, the City entered into a contract with the Texas Department of Housing and Community Affairs ("TDHCA"), Contract Numbers 63236070008 and 18236070008 for a Texas Homeless Housing and Supportive Services Program ("TDHCA Agreement"); WHERAS, Subrecipient is a non-profit organization located in Corpus Christi, Texas which provides housing services and other essential services to homeless people residing in the City of Corpus Christi, Texas. WHEREAS, the City and Subrecipient desire to enter into an agreement whereby Subrecipient agrees to provide housing services and other essential services to the homeless in Corpus Christi 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 "Agreement"), 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 temporary housing services and other essential services to homeless persons in Corpus Christi, Texas in accordance with the terms of this Agreement and in accordance with the terms and Scopes of the TDHCA Agreements attached hereto and incorporated herein for, all purposes as Exhibit "A" for HHSP General funds and Exhibit "B" for HHSP Youth Set Aside funds and Exhibit "C" for City of Corpus Christi Scope of Work Subrecipient agrees to comply with all Federal, State, and local laws and regulations referenced in the TDHCA Agreement attached hereto as Exhibits A, 8, C and any Amendments thereto. 2. Term. The term of this Agreement shall be effective September 1, 2023, and shall end on February 29, 2024. SUBRECIPIENT AGREEMENT MHID Page 1 of 6 DocuSign Envelope ID: B781EO6B-8D3A-44ED-A1AO-BOAEOB308942 3. Contract Amount. The maximum amount which City will reimburse Subrecipient for services rendered during the term of this Agreement is TWO HUNDRED SIXTY THOUSAND, AND SIXTY-SIX DOLLARS AND NO/100 ($266,066). 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 Atte: Homeless & Housing Services-Planning & Community Development Department P,O. Box 9277 Corpus Christi, Texas 78469-9277 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: Rich Penksa Planning & Community Development 1201 Leopard Street, 2nd Floor Corpus Christi, Texas 78401 (361) 361-826-3970 rich p(aDcctexas.corn 6. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30"' 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 represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. G. 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, SUBRECIPIENT AGREEMENT MHID Page 2 of 6 DocuSign Envelope ID: B781EO6B-8D3A-44ED-A1AO-BOAEOB308942 9. Taxes. SUBRECIPIENT covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes 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 faxed 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 Planning & Community Development 1201 Leopard Street, 2nd Floor Corpus Christi, Texas 78401 (361) 826-3976 (office) IF TO CONTRACTOR: M,HID 1630 S Brownlee, Corpus Christi, Texas 78404 (361) 886-6900 (office) 11. SUBRECIPIENT AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITYOF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEESV 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 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, INVESTIGATEALL 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, SUBRECIPIENT AGREEMENT MHID Page 3 of 6 DocuSign Envelope ID: B781E06B-8D3A-44ED-A1AO-BOAEOB308942 LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUBRECIPIENT UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS A GREEMEN T 12. Insurance. Before performance can begin under this Agreement, Subrecipient must deliver a Certificate of Insurance ("C01") 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 C01 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"D" attached hereto and incorporated herein by reference. Failure to maintain any of the types and limits of insurance required by Exhibit D 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, 14. Limitation of Liability. The City's maximum liability Linder 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, SUBREUPIENT AGREEMENT MHID Page 4 of 6 DocuSign Envelope ID: B781EO6B-8D3A-44ED-A1AO-BOAEOB308942 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 negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. SUBRECIPIENT AGREEMENT MHID Page 5 of 6 DocuSign Envelope ID: B781EO6B-8D3A-44ED-A1AO-BOAEOB308942 MHID Signature: Printed Title: �� Date: ���i'' 3 ATTEST: Cl OF CORP S C I TI: Docusigned by: r '39 Rebecca Huerta, City Secretary Daniel McGinn, Director Planning &Community Development 11/6/2023 Date: Date: Ord.033166 Authorized By 9/19/2023 A apfoxosdiaa 4o Form: Council ken " N1C,U.y«r DS Kent Mcll yar,Assistant City Attorney Attached and Incorporated by Reference: Exhibit A: TDHCA Agreement General Fund Contract No. 63236070008 Exhibit B: TDHCA Agreement Youth Set Aside Contract No.18236070008 Exhibit C: Scope of Work Exhibit D: Ins urance