HomeMy WebLinkAboutC2005-570 - 9/15/2005 - NAAGREEMENT WITH ACCESSIBLE C(: UNmES, INC.
This Agreement (the "Agreement") is mm:le between Am:eaalble Communities,
Inc. ("Co.;J-ctor"), a Texas nonprofit corporation, and the City of Corpus Christi,
Texas (l)"te 'City"), a municipal corpo~ation.
WHEREAS, on Sep~mber 2, 2005, the Office of the Governor requested Corpus
Chrisli's assistance to provide shelter to assist apflmxirnately 3,000 people who
were displaced as a result of Hurricane I~bina;
WHEREAS, approximately 400 evacuees remain housed in Corpus Chrtafl
shelters:
WHEREAS, tt~e evacuees require asa~tance to obtain housing;
NOW, THEREFORE, in consideration of the mutual covenants In this Agreement,
the City and the Co,,[, '=ctur (each, the 'Party') authorized by appropriate actions
of their governing bodies, agree as follov~:
I Purrmee. The purpose of this Agreement ia for Corrl]'actor to identify available
housing for evacuees.
2 Resoor~l~litlee of the Conbactor.
A Contractor shall assess the housing needs of nil Ide[[ii;',~:l evacuees
registered in corpus Christi shelters within seven calendar days from date of
CO.baCt execution by City Manager.
B Contractor shall compile a list of available housing wtthin seve~ calendar days
from dam of co~lJuct execution by City Manager.
C contractor shall provide cof[baub, to housing providem in Corpus Christi area,
for final approval by City Manager within seven calendar days from date co~bact
is executed by City Manager. Attached is a sample agreement to be reviewed
w~ potmYdal housing providers.
D The Contractor agrees to reconJ ~ expenditures under this Agreement off a
regular baals. 'r'he Co~Yu-.,~ur agrees to provide the City wlth a copy of the
Co,-,~ -,.~or expenditures and supporting documents on a weekly basis.
E The Contract agrees and acknowksdgea that the City shall o~ly ralmbume the
Co~-,ba,.?,,~r's costa if such coats am deemed reimbursable by FEMA. The
Coo~a,.7~ur shall be responsible for all coats which am not reimbursed to City by
FEMA
%ert~slbl~ Commnnltlek
,c.c,m~r~l dralt 9-1405
F The Coi~-u~ur agrees to verify that the evacuee Is registered In the existing
shelter as a victim of Hurricane Katrlna.
3 Resooneibili0ee of l~e C~.
A. City agrees to compenaate Co,[ractor for any allowable FEMA cee~ wtthln a
reasonal~e time frame.
B. City agrees to contact FEMA regarding any mftzted Contractor claims that
City views as FEMA reimbursable, In accordance wtth applicable FF..MA
procedures, In order to assist Contractor In its claim for mlmbumement.
C City is not Ilal~e for any costs not reimbursed to City by FEMA.
4 ImDlemenlatk~. The City Manager and Executive Director for Itm Contraclur
am authortzed and directed to take all steps necessary or convenient to
implement ~ls Agreement.
5. Warranty. This Agreement has b~n ulT,~lally authorized by the governing
body of ~e City and the Co~-~buctor, and each signatory to tibia Agreement
guamnteee and warrants that the signatory has full authority to execute this
Agreement and to legally blnd l~elr reapecflve party to this Agreement.
6. ,N:lminlstm0ve Services. The City and l~e Contractor agree to provide
administrative sewlces necessary to coordinate thi~ Agreement, Including
providing the other party wi~ a curm~t list of contact Information for each party.
7 Ex~endlrm Funds. Any payment made by the ~ or the Clty for any of
l~e coi,~ or expenses lhat eiff~r Incum pursuant to Ibis Agreement ahall be
made out of current revenues available to ~ paying party.
8. Term and Termination. Once approved by all Parties, the term
Agreement is date of ~ by City Manager through two months. This
Agreement may be termln,,[~d ~ or wtthout cause by either party upon cme
day's wrii~,n notice to tile non-terminating party.
g. Severabilltv. ff any portion of t~ls Agreement, or Its application to any person
or circumstance, shall ever be held ~ be Invalid or unconstttutlonal by any court
of competent jurisdiction, the remainder of l~ls Agreement shall not be affected
and shall continue to be en[orceable In accordance with Its terms.
10. Omi and Written ~,reernent~. All omi or w~"u~n Agreements between the
Parl~s re~ to ~e ~ubJect matter of I~1~ Agreement, which were develoged
prior to l)he execution of this Agreement, have been reduced to writing and are
contained in this Agreement.
~,,w'AC.~d,AcccmJble C~4~m'mmties. Inc.clxa'm~ ~ 9-14-{15 2
11. 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 ParlJes or their officers, ernployeaa, mpr~santeflvea, and agenl~ aa a result
of the ex~:ution of this Agreement and the performance of ~ covenant~
contained In this Agreement,
12. Breach. Any breach of this Agreement rx)w or through the term shall reader
the Agreement null and void.
! 3. Notices. Any notice, correspondence or payment made pursuant to thIs
Agreement must be made by (a) depositing the same in the Unl'a~:l Si~ee mall,
po~tege prepaid, addressed as follow~, or (b) delivering the same to the other
Party. Any noace given in accon:lance wffi~ (a) at~all be effective upon deposit In
the United States mail, and the eddraasaa of the Partlaa shall, unffi changed by
written no,ce, be as follow~:
To the City:
City of Corpus Christi
City Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
To the Contractor.
Accessible CornmunltJaa, Inc.
Attn: Executive Director
.~."7
Coqx~s Christi, Texas 78401
14. Amendrnent~ or Count~rls. ThIs Agreement may not be amended except
by written Agreement approved by ~ authorized repraa~-,[~[;ves of the Paraaa.
This Agreement may be executed in o~e or more count~33ar~, each of which
shall be deemed an orlglnal and all of which shall constitute but o~e and the
same ir~t~ument.
15. CaPStone. Caption~ to provisions of this Agreement are for convealence and
shall not be considered In the i.k~q3relatton of the pro. alone.
16. Governing I_aw arx:t Venue. This Agreement shall be governed bythe laws
of the State of Texas. The parties agree to comply ~ all applicable Federal,
State and Lecal laws, rules, and regulations. Venue for an action arising under
this Agreement shall be In ~ courts of Nuecea County, Texas.
17..N~roval. All Par'dee Identffied below agree to the p~ns and tern~ of
this Agreement.
ACCESSIBLE COMMUNITIES, INC,
L.ise/AC3~'Ac~e~a'b}e C.r.,,,.,l.~n~t~en. In~.c~.,,.i.,,..t'l draft 9.-14-~ 3
q/I ~,/2i~05 I :f,0 PM
Date: ~-~l~.'~,r: ~ Z~Z::.~"-
CITY OF CORPUS CHRISTI
Geo~e I~. Noe, City Manager
Lisa Aguilar
Assistsm City Attori~ey
for City Attorney
AGREEMENT WTfH [HOUSING PROIVDER]
This Agreerne~t (the 'Agreement") is made be(ween [HOUSING PROVIDER]
("HOUSING PROVIDER"), a Texas coqx)mtk~, and Itm City of Corpus Christi,
Texas (the ~.Cltye), a rnunlcipal corporation.
WHEREAS, o~ Sel:~mber 2, 2005, the Office of the Governor requested Corpua
Chrlatl's assistance to provide 8helter to assist appmxlm,~y 3,000 peot~e who
were displaced as a rasult of Hurricane Katrlna ("evacLme~");
WHEREAS, appro)dmataly 400 evacuees remain housed In Corpus Chrbtl
she~tem;
WHEREAS, the evacuees require housing;
NOW, THEREFORE, In con~la,,,~3~t of the mutual cove~n'm In Ibis Agreem~t,
th~ City and th~ HOUSING PROVIDER (each, the 'Party') authorized by
appropriate actkx~ of their governing bodies, agree as foiow,:
1. Purocee. The purpose of this is ~ HOUSING PROVIDER to
provide housing to evacuees on ~ baals.
2. ReeDor~bllltlae oflhe HOUSING PROVIDER.
A. HOUSING PROVIDER ~mll p~vtde ~ml~, ~ to ~ ~ p~=~,
prov~le furniture and utllltias to ev~cueas.
B. HOUSING PROVIDER ~1 r~ require depcelt for evacuee h(xmlng.
C. HOUSING PROVIDER shall bill the City nX:N'dhly ev.ac~Jee I'Kx, mlng cosls
which are deemed allowable for reirn~rsement by FEMA.
D. The HOUSING PROVIDER agrees to reco~ Its expenditures unde~ this
Agreement o~ a regular basis. The HOUSING PROVIDER agrees to pmvtde ~
City wflh a copy of the HOUSING PROVIDER expendlturee and a~Jpporl]ng
docurr~,[i o~ a weekly basis.
E. The HOUSING PROVIDER agrees and acf<~ that l~e City ahal ofdy
reimburse the HOUSING PROVlDER'a coats If mJch coati are deemed
relmbumable by FEMA. The HOUSING PROVIDER shall be respormible for all
ccets which are not reimbursed to Ctty by FEMA.
F. HOUSING PROVIDER agrees to pmvkle ~ ~ at least 60 day~ advance
wH[[un notice prk)r to Initiating any atternpt to mm(we any evacuee from Ixxmlng
to alk~v C~ sumc~ent time to either negottate solution w~ HOUSING
PROVIDER o~ obtain alternative housing for evacuee.
G. The Housing Provider ~hall offer housk~g servkx~ at rates equlvalm'R to other
lessor [~'tee In ttm same complex.
H. Houalng Provider may exercise its cu~tt~tmy policies and pn:~edures In
eligibility deta,,,,Inatlon, tem]nt obligations, and leasing not addressed by thin
3. Resoormlbillt~ of the City.
A. Ctty agrees to corrtpansate HOUSING PROVIDER for any alowabie FEMA
B. City Is not liable for any costs no~ retmbtJmed to City by FEMA.
4. Imolementut~on. The CRY Manager and Manager for the HOUSING
PROVIDER are authorized and directed to take all ~tepa necessary or
com~enlent to Implement thIs Agreement.
5. wa~ntv. This Agm rn nt h~ been officially a~ by the governing
body of the CRy and the HOUSING PROVIDER, and each slgnato~ to thIs
Agreement guarm,t,:ms and mm that the m4gnaton/ham ~JU ~mthorlby to
thIs Agroomont -,nd to ,gal t nd fi'mir respective party to thIs
6. Adrnlnlstrative Servt~. The CRy and the HOUSING PROVIDER agree to
provide admlnistratNe senses necessary to coofcllr~ thIs Agreement,
irx:iudlng providing tim other party wtth a current list of correct Information for
7. F~f[~xllng Funds. Any payment made bythe HOUSING PROVIDER orltm
City for any of the costs or expenses that either incurs purmuant to thIs
Agrm .ont shall bo made cxJt of current revemms available to the paying party.
8. Term exxl Tmmlnal~on. Once aplxovm:l by all Parties, thin Agmmneft shall
continue o~ a month-to-mor~ basis. This ~ may bo tmminatad wtth or
without cause by either party upon two mo,[tha written ne4h~ tothe non-
terminating party.
9. Severabilit'v. If any porlion of thIs ,NFeement, or its appllcatkx~ to any pamon
c~ circun~tance, shall ever be held to bo invalid or u~ by any c~Jrt
and shall continue to be enforceable In accoeclance with Its terms.
10. Oral arxl Wrlttert ,ad~reemm[t~. A1 omi or w,~tu~ ~ botwme~ tho
Parlies relating to the subject rnatm' of thIs Agrmmm,'~t, which were developed
co[,~uined in thIs Agreement
11. Irnmunltv no~ Waived. No~lng In this Agmen'~nt b I~a'~:led, no~" may It be
deemed, to waive any governmental, official, or other Immunity or cl~'enee of any
of the exe~ of U~la Agreement and ttm performance of the covenan'm
12. Breach. Anybreechofl~isAgmement nowoet~roughltmtermehal render
the Agreement null and void.
13. NolJces. Anynotlce, correapondence or payment rr~de pursuant to th/a
Agmernent must be made by (a) depoal(Ir~ the same In the United 8tatee mall,
postage prepaid, addressed a~ follows, or (b) delivering the .ame to the ortner
Party. Any notice given In accordance wtth (a) ahall be elfec~ upo~ depoelt In
the United States mail, and t~ addresaes of lhe ParUea shall, until changed by
To the City:.
City Manager
P. O. Box 9277
Coq)ua Christi, Texas 78469-9277
To the HOUSING PROVIDER:
Corpue Christi, Texaa 78401
shall be deemed lan original and all of which ahall conatlbJ'm but one and the
same Irm'Eument.
15. C, aotion~. Cap6ona to provlaio~ of tbl~ Agreement are for convenlence and
shall not be conaidemd In lhe InterpmtaUon of the provlalo~.
16. Governk~a Law and Venue. Thla Agreement ah~l be governed by the laws
of the State of Texas. The parties agree to compty with all apglicelde Federal,
S~e and local laws, roles, and regulations, Induding all al~iceble houelng and
landkxd tenant laws. Venue for an action arising under this ~ ahal be
in the courts of Nuecee County, Texas.
17. ,Aoofoval, .NI Partteaidentlfled below agree to the provlNonsandtermaof
HOUSING PROVIDER
By:.
Name:
'Fl'de:
Date:
CITY OF CORPUS CHRISTI
By:
~ K. Noe, City Manager
Date:
By:
I_lsa Agullar
for c~y Att~ney
20O5