HomeMy WebLinkAboutC2026-091 - 5/12/2026 - Approved AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND RISING TIDE MINISTRIES
SAFE-AT-HOME MINOR HOME REPAIR PROGRAM
This Agreement is for a nonprofit organization award ("Agreement") and is entered into
between the City of Corpus Christi ("City") and Rising Tide Ministries Safe-at-Home Minor
Home Repair Program ("Company"), a nonprofit organization operating in the State of
Texas.
1. Effective Date. The effective date of this Agreement ("Effective Date") is May 13,
2026.
2. Term. The term of this Agreement is for one year beginning on the Effective Date.
3. Performance Requirements.
a. Company agrees to use these funds to pay for the Safe-at-Home Minor Home
Repair programmatic specific operating and outcomes — 1 unit.
b. Company agrees to provide the City with a sworn certificate by an authorized
representative of the Company, certifying the amount used for the Safe-at-Home
Minor Home Repair programmatic specific operating and outcomes— 1 unit.
4. Grant Award.
a. The City will grant Company the amount not to exceed of $20,000.00, for the
Safe-at-Home Minor Home Repair programmatic specific operating and outcomes
- 1 unit.
b. Company will provide the City with a final accomplishment report and a request
for payment which includes a detailed list of expenditures for reimbursement. The
payment will be made within 60 days following receipt of a request for
reimbursement from the Company that includes documentation confirming the
completion of all performance requirements and approved by City.
c. Along with any request for reimbursement, Company must submit certification
that there are no mechanics, contractor's or materialman's liens against the
property and provide documentation establishing that all other performance
requirements have been met. If Company does not provide the required
documentation prior to the end of the Term, this Agreement shall expire, and
Company shall not be entitled to the grant funds.
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5. Utilization of Local Contractors and Suppliers.
Company agrees to exercise reasonable efforts in utilizing local contractors and suppliers
in the construction of the Project, except where not reasonably possible to do so without
added expense, substantial inconvenience, or sacrifice in operating efficiency in the
normal course of business, with a goal of 50% of the total dollar amount of all construction
contracts and supply agreements being paid to local contractors and suppliers. For the
purposes of this section, the term "local" as used to describe manufacturers, suppliers,
contractors, and labor includes firms, businesses, and persons who reside in or maintain
an office within a 50-mile radius of Nueces County.
6. Liability
Company and City agree that in no event shall City be liable for any work performed under
the Safe-at-Home Minor Home Repair Program..
7. Warranties. Company warrants and represents to City the following:
a. Company is a nonprofit entity duly organized, validly existing, and in good
standing under the laws of the State of Texas, has all corporate power and
authority to carry on its business as presently conducted in Corpus Christi, Texas.
b. Company has the authority to enter into and perform, and will perform, the terms
of this Agreement to the best of its ability.
c. Company acknowledges it has not received nor will receive any other duplication
of benefits from other programs for this project.
d. Company acknowledges that the funds granted in this Agreement must be
utilized solely for purposes authorized under the terms of this Agreement, and the
service area shall be the City of Corpus Christi, Texas only.
e. The person executing this Agreement on behalf of Company is duly authorized
to execute this Agreement on behalf of Company.
f. Company does not and agrees that it will not knowingly employ an
undocumented worker. If, after receiving payments under this Agreement,
Company is convicted of a violation under 8 U.S.C. Section 1324a(f), Company
shall repay the payments received under this Agreement to the City, with interest
at the Wall Street Journal Prime Rate, not later than the 120t" day after the date
Company has been notified of the violation.
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8. Compliance with Laws. During the Term of this Agreement, Company shall observe
and obey all applicable laws, ordinances, regulations, and rules of the Federal, State,
county, and city governments.
9. Non-Discrimination. Company covenants and agrees that Company will not
discriminate nor permit discrimination against any person or group of persons, with regard
to employment and the provision of services at, on, or in the Project, on the grounds of
race, religion, national origin, marital status, sex, age, disability, or in any manner
prohibited by the laws of the United States or the State of Texas.
10.Force Majeure. If the Company is prevented, wholly or in part, from fulfilling its
obligations under this Agreement by reason of any act of God, unavoidable accident, acts
of enemies, fires, floods, other causes of force majeure, then the obligations of the
Company are temporarily suspended during continuation of the force majeure. If either
party's obligation is affected by any of the causes of force majeure, the party affected
shall promptly notify the other party in writing, giving full particulars of the force majeure
as soon as possible after the occurrence of the cause or causes relied upon.
11.Assignment. Company may not assign all or any part of its rights, privileges, or duties
under this Agreement without the prior written approval of the City. Any attempted
assignment without approval is void, and constitutes a breach of this Agreement.
12.Indemnity. Company covenants to fully indemnify, save, and hold harmless the
the City, their respective officers, employees, and agents ("Indemnitees') against
all liability, damage, loss, claims, demands, and actions of any kind on account of
personal injuries (including, without limiting the foregoing, workers'compensation
and death claims), or property loss or damage of any kind, which arise out of or
are in any manner connected with, or are claimed to arise out of or be in any manner
connected with Company's activities conducted under or incidental to this
Agreement, including any injury, loss or damage caused by the sole or contributory
negligence of any or all of the Indemnitees. Company must, at its own expense,
investigate all those claims and demands, attend to their settlement or other
disposition, defend all actions based on those claims and demands with counsel
satisfactory to Indemnitees, and pay all charges of attorneys and all other costs
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and expenses of any kind arising from the liability, damage, loss, claims, demands,
or actions.
13.Events of Default by Company. The following events constitute a default of this
Agreement by Company:
a. The City determines that any representation or warranty on behalf of Company
contained in this Agreement or in any financial statement, certificate, report, or
opinion submitted to the Corporation in connection with this Agreement was
incorrect or misleading in any material respect when made.
b. Any judgment is assessed against Company or any attachment or other levy
against the property of Company with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 120 days.
c. Company makes an assignment for the benefit of creditors.
d. Company files a petition in bankruptcy or is adjudicated insolvent or bankrupt.
e. Company changes the general character of business as conducted as of the
date this Agreement is approved by the City.
f. Company fails to comply with one or more terms of this Agreement.
14.Notice of Default. Should the City determine that Company is in default according to
the terms of this Agreement, the City shall notify Company in writing of the event of default
and provide 30 days from the date of the notice ("Cure Period") for Company to cure the
event of default.
15.Results of Uncured Default by Company. After exhausting good faith attempts to
address any default during the Cure Period, and taking into account any extenuating
circumstances that might have occurred through no fault of Company, the following
actions must be taken for any default that remains uncured after the Cure Period:
a. Company shall immediately repay all funds paid by City to them under this
Agreement.
b. Company shall pay City reasonable attorneys fees and costs of court to collect
amounts due to City if not immediately repaid upon demand from the City.
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c. Upon payment by Company of all sums due, the Company and City shall have
no further obligations to one another under this Agreement.
d. Neither the City nor Company may be held liable for any consequential
damages.
16.Notices.
a. Any required written notices shall be sent mailed, certified mail, postage
prepaid, addressed as follows:
Company:
Rising Tide Ministries
Attn: Lisa Gerdes, Executive Director
Address: 9842 South Padre Island Drive
Corpus Christi, TX. 78418
Phone No.: 361-960-6573, Office
City:
Planning & Economic Development Department
Attn.: Alvin Witcher, Program Contact
1201 Leopard Street
Corpus Christi, Texas 78401
Phone No. 361-826-3034
b. A copy of all notices and correspondence must be sent the City at the following
address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided
above.
17.Amendments or Modifications. No amendments or modifications to this Agreement
may be made, nor any provision waived, unless in writing signed by a person duly
authorized to sign Agreements on behalf of each party.
18.Relationship of Parties. In performing this Agreement, both the City and Company will
act in an individual capacity, and not as agents, representatives, employees, employers,
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partners,joint-venturers, or associates of one another. The employees or agents of either
party may not be, nor be construed to be, the employees or agents of the other party for
any purpose.
19. Captions. The captions in this Agreement are for convenience only and are not a part
of this Agreement. The captions do not in any way limit or amplify the terms and
provisions of this Agreement.
20. Venue. Venue for any legal action related to this Agreement is in Nueces County,
Texas.
21.Sole Agreement. This Agreement constitutes the sole Agreement between City and
Company. Any prior Agreements, promises, negotiations, or representations, verbal or
otherwise, not expressly stated in this Agreement, are of no force and effect.
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ATTEST: City of Corpus Christi:
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Rebecca Huerta(Jul 8,2026 12:53:16 CDT) By: on(Jul 8,2026 11:41:37 CDT)
Rebecca Huerta, City Secretary Jennifer Buxton, Interim Director
Planning & Economic Development
Date: 07/08/2026
ATTEST: Rising Tide Ministries:
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By: Lisa Gerdes(Jun 23,2026 14:40:32 CDT)
(Corporate Seal) 6/23/26
Name:
Date: 06/23/2026
APPROVED AS TO FORM: 06/1 8/2026
033927 Authorized By
JaelqOeline Salina -Bazan(Jun 18,2026 14:48:40 CDT)
Jacqueline Bazan, Assistant City Attorney Council 05-12-2026
City of Corpus Christi
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