HomeMy WebLinkAboutC2005-569 - 9/15/2005 - NAAGREEMENT WITH CORPUS CHRISTI HOUSING AU'THORTTY
This Agreement (l]~e "Agreement~) is made between Corpus Christi Housing
Ho~sing Authority, ('~3ontractor"), a Texas municipal housing authodty organized
under Texas law, and the City of Corpus Christi, Texas (the 'City'), a municipal
corporation.
WHEREAS, on September 2, 2005, the Office of the Governor requested Coq)us
Chdsti's asaiatance fi provide shelter to assist approximately 3,000 pe<H3le who
were displaced as a result of Hurricane Katrina:
WHEREAS, approximately 400 evacuees remain housed in Corpus Christi
shelters.
WHEREAS, the evacuees require assla~ance to obtain housing;
NOW, THEREFORE, in consideration of the mutual covenants in thia Agreement,
the City and the Contractor (each, the "Party') authorized by appropriate actions
of thai[ governing bodies, agree as follows.
I Pumo~. The purpose of this Agreement is for Conb'actor to Ide,,;;;'y available
housing for evacuees.
2 Responsibilities of the Contractor.
A Contractor shall assess the housing needs of all evacuees in Corpus Christi
within seven calendar days from date of cone-act execution by City Manager.
B Contractor shall compile a list of available housing within seven calendar days
fi'om date of cone-act execution by City Manager.
C CofYa~ctor shall broker conl]'acts with housing provldem In Corpus Chriafl, for
final approval by City Manager within seven calendar days from date co,~ct la
executed by City Manager. Attached is a sample agreement fi be reviewed with
~1 housing providers.
D The Cc,,b,.,.~r agrees to record ihs expenditures under this Agreement on a
regular basis. The Contractor agrees fi3 provide the City w'~ a copy of the
Contractor expenditures and supporting documents on a weeldy basil
E The Contract agrees and acknowtedgee that tim City shall (rely re~bume the
Contractor's ~ if such costs are deemed reimbursable by FEMA. The
Co~ack~ ~hall be reslx~nel)le for ell coats which are not reimbursed to City by
FEMA,
C( HouaieR Autkortl?'
F The Corrl~a,~or agrees to verify that the evacuee is raglatered In the axis'ring
shelter as a victim of Hurricane Katdna.
3 Reeooneibilitlee of the City.
A City agreee to compensate Contmcl~ for any allowable FEMA c~ts.
B City is not liable for any coeb~ not reimbursed to City by FEMA.
4 ImDlementa'don. The City Manager and Executive Director for the Conbuctor
are authorized and directed to take all steps necessary or convenk~nt to
implement this Agreement
5 Wan, htr. This Agreement has been oft~ally authorized by ate governing
body of the City and the Contractor. and each signatory to this Agreement
guarantees and warrants that the signatory has full authority to execute this
Agreemef~t and to legally bind their respective party to this Agreement.
6 Administrative ,~rvJcl)$. The City and the ConVac[ur agree to provide
administrative services necessary to coordinate this Agreement, Including
prov~ling the other party with a current list of contact information for each party.
7 Ex]:~endin~3 Funds. Any payment made by the Cont]'actor or the City for any of
the costs or expenses that either incurs pursuant to this Agreement shall be
made out of current revenues available to the paying party.
8 Term and Termination. Once approved by all Parties, the term of this
Agreement is date of execution by City Manager through two months. This
Agreement may be terminated with or without cause by the City upon one
day notice to Contractor.
9 Severab#itv. If any portion of this Agreement, or its appllcat]on to any pemo~
or circamstance, shall ever be held to be Invalid or uncormtltutlonal by any court
of compat~ff jurisdiction, the remainder of this Agreement shall not be affected
and shall continue to be ei~forceable in accordance with its terms.
10. Oral end Wdtten Agreement. All oral or w,iik~n Agreements between fits
Parties rel~ng to the subject matter of this Agreement, which were developed
prior to the execution of this Agreefnent, have been reduced to wrffing and are
contained in this Agreement.
11. Immunltv not Waived. Noflhing in lhl~ Agreement I~ Intended, nor may It be
deemed, to waive any govemmental, offidal, or other Immunity or defense of any
of the Parties or their officers, employees, reprosefit~Gvas, and agent~ as a result
COn;-Ined In this Agreement.
T:~ ~ Cl~:
CM,! M ~ ChOU
p. O. ~1~!
C, on)um ~ 're~m 'JI, i6O-e2T?
CITY OF CORPUS CHRISTI
~C'~y Manager
Approved aa to legal form: ~(1~~
By: ~ ~.~ ~ '- ~"" (~
Liaa Agullar f .~
A~iatant City Attorr~y
for City Attorney
20O5
AGREEMENT Wrl'H II-lOUSING PROIVDER]
This Agreement (the "A~-eement") la made between [HOUSING PROVIDER]
("HOUSING PROVIDER"), a Texas corporation, and the City of Corpus Christi,
Texas (the ACltye), a municipal corporation.
WHEREAS, on September 2, 2005, b~e Office of ~ Governor requested Corpus
Chrlsfi's assistance to provide sher~r to assist approximat~ty 3,000 people who
were displaced as a result of Hun'icane Katrlna ("evacuees");
WHEREAS, approximately 400 evacum~ remain housed in Corpus Christi
sheltem;
WHEREAS, the evacuees require housing;
NOW, THEREFORE, in consideration of ~ mulual covenants In this Agreement.
the City and the HOUSING PROVIDER (each, ~ 'Party') authorized by
approp~ate actions of their govemlng bodies, agree as follows:
1. Pur0oee. The purpose of this Agreement Is for HOUSING PROVIDER to
provide housing to evacuees on rnc.,U~-to-month be~.
2. Resoonslblllflee of the HOUSING PROVIDFI~
A. HOUSING PROVIDER sha! provide housing, and to the extent possible,
provide furniture and uti~des to evacuees.
B. HOUSING PROVIDER ~all not require delx~lt for evacuee housing.
C. HOUSING PROVIDER N~all bill the City monlt~ evacuee housing
which are deemed allowable for mlrnbumemant by FEMA.
D. The HOUSING PROVIDER agrees to record It~ expendlturee under thl~
Agreerr~nt on a mgu~r ba~. The HOUSING PROVIDER agrees to pmvtde the
City ~ a copy of the HOUSING PROVIDER expendltume and supporlJng
documeats on a wee}dy basis.
E. The HOUSING PROVIDER agrees and acknowledges fiat the City shall o~ly
retrnbume ~ HOUSING PROVlDER's costs If such coe~ are deemed
relrnbumab{e by FEMA. The HOUSING PROVIDER shall be ~ for all
coats which am not reimbu~ to City by FEMA.
F. HOUSING PROVIDER agrees to provlcle City with et least 60 clay~ advance
WT~u~n nolice prior to In~ any ettempt to rarrmve any evacuee f~om housing
to allow City ~Jffictent time to either negcfdate solution with HOUSING
PROVIDER or o~aln atternatlva housing for evacuee.
G. The Housing Provldm' shall offer housing services at rat~ equivalent to ob'mr
lessor rates In the same complex.
H. Housing Provldee' may exercise its cue/,:~rmry pc/Ides and pmcedure~ In
eligibility determination, tenant obilgatlona, and leasing not addressed by this
agreement
3. ~n~b#~ of ~ City.
A. City agrees to compensate HOUSING PROVIDER for any allowable FEMA
B. City IS not liable for any combs not reimbursed to City by FEMA.
4. Implementation. The City Manager and Manager for the HOUSING
PROVIDER am authorized and directed to take all steps necessary or
ccmvenlent to Iml~ement this Agreement.
5. War~. ~ Agm~n~t hes mn ~ a~x~ by ~ ~vem~
My of the C~ and ~ HOUSING PROVIDER, and ~ ~m~ to this
Agree~ guarantees a~ warran~ that ~ s~n~ry has ~11 a~ to
e~e ~b ~reeme~ and to I~lly ~nd ~r ~ ~ to this
Agree~.
6, ~mln~ Se~s. The C~ and the HOUSING PROVIDER agree to
p~w~e admln~bu~ se~ces necessary to ~ln~ this ~reeme~,
in~ing ~'cw~lng the ~r ~ ~ a ~ I~ ~ ~.~ ~n ~
e~ ~.
7. ~lng Fu~. ~y ~yme~ ~e by ~ HOUSING PROVIDER or ~
City for any of ~e cos'm or expenses t~at either Incurs pursuant to this
8. Term end Tem'~mtton.
~mm on a m~m~ ~.
9. Severabllitv. If any portion of this Agreement, or ~ appflcatlon to ,,ny person
or clmumstance, shall ever be held to be invalid or u~l by any court
and ehall continue Io be e.;',.,rceable In accordance wah ~ terrrm.
10.
Pa~ ~ to ~ au~ mawr of this Agreement. which were dm~
11 Immunltv not Waived. Nothing In this Agreement ia intended, nor may It be
deemed, to waive any governmental, official, or other Immunity or defanae of any
of the ParUes or their olflcem, employees, represerffab~ve~, and agents aa a mmJIt
of the execution of this Agreement and the perforn~nce of the coven~u~
12. Br~qh..N~y broach of this Agreement now or through the te~m shall render
the Agmemerrt null and void.
13. Notices. Any notice, correspondence or payment made pumuant to this
Agreement must be made by (a) depo~itng the same In the United States mall,
postage prepaid, addressed as follows, or (b) delivering the .ama to the other
Party Any notice given in accordance with (a) shall be e~e~Uve upon depose In
the United Sta~s mail, and rite addresses of the Parties shaJl, until changed by
written notice, be as follows:
To the City:
City of Corpus Chri~d
City Manager
P. O. Box g277
Corp~Js Christi, Texas 78469-9277
To the HOUSING PROVIDER:
At~:
Corpus Chriafi, Texas 78401
14. ,NT~ndment~ or Countemarl~. This Agreement maynot bearnectded excep~
by w,;~=,'~ A~eement approved by the authorized mpmae~at~ of Ihs ParUee.
This Agreement may be executed In one or more co<Jr~, each of wfllch
shall be deemed an original and all of which shall co~a~oJte but one and the
shall no~ be considered In the interpretatk~ of the provisions.
16. Govemlno Law and Ve~Je. This Agreement shall be governed by the ~
of rite State of Texas. The parUes agree to comply w~th all applicable Federal,
State a~cl Local laws, rules, and regulations, Indudlng all app#cable I'~ and
landlord tenant laws. Vanue f~ an action arising under this Agreement shall be
in the co~rl~ of Nuecea County, Texas.
HOUSING PROVIDER
By: __
Name
Ti'de:
Date:
cl'r'Y OF CORPUS CHRISTI
By:.
George K. Noe, City Manager
Date:
Approved as to legal form:
By:
Lisa Agullar
Assi~3nt City Attnmey
for City Attomey
2005