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Home My WebLink AboutC2024-001 - 1/18/2024 - Approved AGREEMENTFORHOMELESSANDHOUSINGSERVICES Nueces Center for Mental Health and Intellectual Disabilities This Agreement ("Agreement")is entered into by and between the City of Corpus ("City") and Nueces Center for Mental Christi, a Texas home-rule municipal corporation Health and Intellectual Disabilities (“MHID”) a non-profit organization located at 1630 S. Brownlee Blvd, Corpus Christi, Texas 78404 ("Subrecipient"), effective uponexecution bytheCityManagerortheCityManager'sdesignee("City Manager"). WHEREAS, Subrecipient submitted an application with the City for Homeless Housing and Supportive ServicesProgram,General and Youth Set-AsideProgram Funds and Ending Homeless Fundsfor FY2023-2024; WHEREAS,onorabout September 1, 2023,theCity entered into a contract with the Texas Department of HousingandCommunity Affairs ("TDHCA"),Contract Numbers 63246070008,18246070008and 30246070008foraTexasHomeless Housing and Supportive Services Program("TDHCA Agreement"); WHERAS, Subrecipient isa non-profit organization locatedinCorpus Christi,Texas which provideshousing services andother 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 agreesto providehousingservicesandotheressentialservices to the homeless in Corpus Christi andthe City agrees to reimburse Subrecipient with funding from TDHCAfor some ofthose expendituresin accordancewith the terms of this agreement(the"Agreement"). NOW,THEREFORE,inconsiderationofthemutualcovenantsprovidedhereinand for other good and valuable consideration, the receipt of which is hereby acknowledged, the City andSubrecipient agree asfollows: 1.Scope. Subrecipient agrees to provide temporary housing services andother essentialservices to homeless personsinCorpus Christi,Texasin accordance with the terms of this Agreement and in accordance withthe terms and Scopes of the TDHCA Agreements attachedheretoandincorporatedhereinfor all purposesas Exhibit "A"for HHSP General funds andExhibit “B" for HHSP Youth Set Aside funds, andExhibit “C” for Ending Homeless Funds andExhibit “D”for City of Corpus Christi Scope of Work.Subrecipient agrees to complywithallFederal, State,andlocal laws andregulationsreferenced in the TDHCAAgreementattached hereto as Exhibits A, B, C, D andanyAmendmentsthereto. 2.Term.The term ofthis Agreement shall beeffectiveSeptember 1,2023,andshall endonAugust 31, 2024. SUBRECIPIENTAGREEMENTMHID Page1of6 3.Contract Amount.The maximum amount which the Citywill reimburse Subrecipient forservicesrendered during the term ofthis Agreement isTWO HUNDRED SEVENTYTHOUSAND, AND ONE HUNDRED SEVENTY TWO DOLLARSAND NO/100($270,172).Paymentwillbemadeforservicesperformedandaccepted bythe Citywithin30daysof acceptance, subjecttoreceiptofanacceptable invoice. Invoices mustbemailed tothe followingaddress with acopyprovidedtothe Contract Administrator: CityofCorpusChristi Attn:Homeless&HousingServices-Planning & Community DevelopmentDepartment P.O.Box9277 Corpus Christi,Texas78469-9277 4. Contract Administrator.The Contract Administrator designated by the City is responsible for approval of allphases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment.The City's ContractAdministratorfor this Agreement is as follows: Rich Penksa Planning & Community Development 1201 Leopard Street, 2nd Floor Corpus Christi,Texas 78401 (361)361-826-3970 richp@cctexas.com 5. Non-Appropriation.The continuation of thisAgreementafter the close ofany fiscal year of the City,which fiscalyearends onSeptember 30annually,issubject to appropriationsandbudgetapprovalspecificallycoveringthisAgreementas an expenditure in said budget, anditis within the sole discretion of the City's City Council to determine whether or not to fund this Agreement.The City does not representthat this budget itemwillbeadopted, as saiddetermination iswithin the CityCouncil's solediscretionwhenadoptingeach budget. 6.Independent Contractor.SUBRECIPIENTwillperformtheworkrequiredbythis Agreementas an independentcontractor and will furnish such Services inits own mannerandmethod,andundernocircumstancesorconditionswillanyagent, servantoremployeeoftheContractorbeconsideredanemployeeoftheCity. 7.Amendments.ThisAgreementmaybeamendedor modifiedonlyinwriting executed by authorized representativesof both parties. 8.Waiver.Nowaiver by either party of any breachof any termor condition of this Agreement waives any subsequent breach of the same. SUBRECIPIENTAGREEMENTMHID Page2of6 9.Taxes.SUBRECIPIENT covenants to pay all payroll taxes, Medicare taxes, FICA taxes,unemploymenttaxes andallotherapplicabletaxes foritsemployees. 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 begiven by fax, hand delivery, or certified mail,postage prepaid, and isdeemed received on theday faxedorhand-deliveredoronthethirddayafterpostmarkifsentbycertifiedmail. Notice must besent asfollows: IF TO CITY: CityofCorpusChristi Planning & Community Development 1201 Leopard Street, 2ndFloor Corpus Christi, Texas 78401 (361)826-3976 (office) IFTOCONTRACTOR: MHID 1630 S BrownleeBlvd CorpusChristi,Texas78404 (361)886-6900(office) 11. SUBRECIPIENTAGREESTOINDEMNIFY,HOLDHARMLESSANDDEFEND THECITYOFCORPUSCHRISTIANDITSOFFICERS,EMPLOYEESAND AGENTS C'INDEMNITEES'J FROMAND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVERNATURE,CHARACTER,ORDESCRIPTIONONACCOUNTOF PERSONALINJURIES, PROPERTYLOSS,ORDAMAGE,ORANYOTHERKIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS'FEES AND EXPERT WITNESS FEES, WHICHARISEORARECLAIMEDTOARISEOUTOFORINCONNECTION WITH ABREACH OFTHIS AGREEMENTOR THEPERFORMANCE OFTHIS AGREEMENT BY SUBRECIPIENT OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, ORFAULT OFTHE SUBRECIPIENT OR ITS EMPLOYEESORAGENTS.SUBRECIPIENTMUST,AT ITSOWN EXPENSE, INVESTIGATEALLCLAIMSANDDEMANDS,ATTENDTOTHEIRSETTLEMENT OR OTHERDISPOSITION, DEFENDALL ACTIONSBASED THEREONWITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGESOFATTORNEYSANDALLOTHERCOSTSANDEXPENSESOF ANYKINDARISINGOR RESULTINGFROMANYSAID LIABILITY,DAMAGE, LOSS,CLAIMS,DEMANDS,SUITS,ORACTIONS.THEINDEMNIFICATION SUBRECIPIENTAGREEMENTMHID Page3of6 OBLIGATIONSOF SUBRECIPIENTUNDER THIS SECTIONSHALL SURVIVE THE EXPIRATIONOR EARLIERTERMINATIONOFTHIS AGREEMENT. 12. Insurance.Before performance can begin under this Agreement, Subrecipient must deliver a Certificate of Insurance ("COI") and copies of insurance policies (if requestedby City),asproof of the required insurance coverages, to the City's Risk Additionally,theCOI muststatethat ManagerandtheContractAdministrator. the City will begiven 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 namedasan additional insured.Insurance requirements are as statedin Exhibit "E" attached hereto and incorporated herein by reference. Failure to maintainany of the types andlimitsof insurance required by Exhibit “E” iscause for theCityto immediatelyterminatethisAgreementandcancelany reimbursements or paymentswhichmayaccrueto Subrecipient. 13. Termination. (A)TerminationforCause.The City may terminate this Agreement for Subrecipient's failuretocomplywithanyoftheterms,conditionsandcovenants of this Agreement.The City shallgiveSUBRECIPIENT writtennoticeof the breach and set out a reasonable opportunity to cure.If Subrecipient has not cured the breach within the cure period set outin the City's notice of breach, the City may terminate thisAgreementimmediatelythereafter. (B)Terminationfor Convenience.Alternatively, the City may terminate this Agreement for convenience upon ten (10) days written notice to SUBRECIPIENT. SUBRECIPIENT shallceaseallworkandservicescalledforinthisAgreement upon receiptofthe City's writtennoticetoterminatethis Agreementfor convenience. TheCityshallpaySUBRECIPIENT for allservices providedinaccordance with the terms of this Agreement up until SUBRECIPIENT'S receipt of the City's Notice to TerminatetheAgreementfor convenience. 14. LimitationofLiability.TheCity'smaximumliabilityunderthisAgreementislimited to the totalamount ofcompensation listedinSection 3 of this Agreement.Inno event shall theCity be liable forincidental, consequential,orspecialdamages. 15. Assignment.No assignment of this Agreement by Subrecipient orof any right or interest contained herein,is effective unless theCity Manager or his designee first gives written consent to such assignment.Theperformance of Services described in this Agreementby Subrecipientis oftheessence ofthis Agreement, andthe City Manager's right to withhold consent to such assignment is within the sole discretion oftheCityManageron anygroundwhatsoever. SUBRECIPIENTAGREEMENTMHID Page4of6 16.Severability.Each provisionofthisAgreementisconsideredtobeseverable and, if, for any reason, any provision or part of this Agreement is determined to beinvalid 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 beconstrued and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 17.PublicInformationRequests.ThepartiesacknowledgethattheCityisa Texas governmentalentitysubjecttotheTexasPublicInformation Act(the "Act").Should City receive a request for disclosure of Confidential Information pursuant to theAct,Citywillpromptly provide Contractor notice of suchrequest 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 shouldbe withheld prior to disclosing such ConfidentialInformation. The burden of establishing the applicability of exceptions to disclosure of Confidential InformationundertheAct resideswithContractor.ShouldContractor be unabletoestablisha validexceptionfromdisclosureorexclusionfromthe 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 GovernmentCode Section 2252.908,as it maybeamended, and to complete Form 1295"Certificateof 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 theperformance of this Agreement.The applicable law for any legal disputes arising out of this Agreement is thelawof the State of Texas, andsuch formandvenueforsuchdisputes is theappropriate district, county, orjustice court in andfor Nueces County, Texas. 20.Entire Agreement. This Agreement constitutes the entireagreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations,arrangements,agreements,and understandings,eitheroralor written, between the parties. SUBRECIPIENT AGREEMENT MHIDPage 5 of6 MHID Signature: ____________________________ Printed Name: ________ Title:____________________________ Date:_______________________ ATTEST:CITY OF CORPUS CHRISTI: __________________________________ _______________________________ Rebecca Huerta, City SecretaryDaniel McGinn, Director Planning & Community Development Date: _____________________________ Date: __________________________ AttachedandIncorporatedbyReference: Exhibit A:TDHCA Agreement General Fund Contract No. 63246070008 Exhibit B: TDHCA Agreement Youth Set Aside Contract No.18246070008 Exhibit C:TDHCA Ending Homeless Funds Contract No. 30246070008 Exhibit D: City Scope of Work Exhibit E: Insurance Requirements SUBRECIPIENT AGREEMENT MHIDPage 6 of6