1999-326 2379 - EMERGENCY UTILITY ASSITANCE PROGRAM FOR LOW-INCOME FAMILIES AWARDED
TO INTERFAITH MINISTRIES OF DENTON, INC FOR $15,325)
WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that the
herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as
shown In the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be
used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive blds for materials, equipment, supplies, or servmes,
described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid
number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such
items
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2379 ALL INTERFAITH MINISTRIES OF DENTON, INC $15,325
SECTION II That the acceptance and approval of the above competmve b~ds, the C~ty accepts the
offer of the persons submitting the bids for such ~tems and agrees to purchase the materials, equipment,
supplies or services In accordance w~th the terms, specfficattons, standards, quantities and for the specified
sums contained m the Bid Invitations, Bxd Proposals, and related documents
SECTION III That the C~ty and persons submitting approved and accepted items and of the
submitted b~ds wxsh to enter Into a formal written agreement as a result of the acceptance, approval, and
awarding of the bids, the C~ty Manager or his designated representative is hereby authorized to execute the
written contracts which shall be attached hereto, provided that the written contract ~s m accordance w~th the
terms, condmons, spemficatmns, standards, quantmes and spemfied sums contained ~n the B~d Proposal and
related documents hereto approved and accepted
SECTION IV That by the acceptance and approval of the above competitive bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids
or pursuant to a written contract made pursuant thereto as authorized herein
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the t~q/~Z~day of ~ 1999
J~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2B3~[~OGRAM FOR LOW INCOME FAMILIES ORDINANCE
1999-2000
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON
AND INTERFAITH MINISTRIES OF DENTON, INC
BID #2379
Tlus Agreement is made and entered into by and between the City of Denton, a Texas
municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinaf-
ter referred to as CITY, and Interfaith Mlmstnes of Denton, Ine, P O Box 1744, Denton, Texas
76202, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR
WHEREAS, CITY has received certain funds from the U S Department of Housing and
Urban Development under Title I of the Housing and Community Development Act of 1974, as
amended, end
WHEREAS, CITY has adopted a budget for such funds and included therein an author-
ized budget for expenditure of funds for utility assistance to clients who demonstrate lnabthty to
pay due to verifiable emergency need, and
WHEREAS, CITY has designated the Commumty Development Office as the division
responsible for the admlms~ratlon of this Agreement and all matters pertmmng thereto, and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishment of the conditions hereinafter
desenbad
Tlus Agreement shall commence on or as of October 1, 1999, and shall terminate on
September 30, 2000, unless sooner terminated in accordance with Section 26 "Termination"
2.
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all services and
activities described m the Work Statement attached hereto as Exhibit A, and incorporated herein
by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with
the terms hereto CITY will consider CONTRACTOR's executive officer to be CONTRAC-
TOR's representative responsible for the management of all contractual matters pertmmng
hereto, unless written notfficatlon to the contrary is received from CONTRACTOR, and ap-
proved by CITY
The CITY's Community Development Admlmstrator will be CITY's representative re-
sponsible for the admunstratlon of this Agreement
3.
CITY'S OBLIGATION
A. Limit of Liabfli~. CITY will reimburse CONTRACTOR for expenses incurred pur-
suant and m accordance with the prelect budget attached hereto as Exhibit B and incorporated
herein by reference Notwithstanding any other provision of the Agreement, the total of all pay-
ments and other obhgatlons made or incurred by CITY hereunder shall not exceed the sum of
$15,325 00
B. Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the
Budget attached hereto and incorporated herein for all purposes as Exlublt B, subject to the
hmltatlons and prowslons set forth in flus Section and Section 7 ofth~s Agreement
(1) The parties expressly understand and agree that CITY's obligations under this
Section are contingent upon the actual receipt of adequate Community Development
Block Grant (CDBG) funds to meet CITY's llabflmes under th~s Agreement If adequate
funds are not available to make payments under this Agreement, CITY shall not~fy
CONTRACTOR in writing within a reasonable t~me after such fact has been determined
CITY may, at its option, either reduce the amount of its hablhty, as specified in Subsec-
tion A of this Section or terminate the Agreement If CDBG funds eligible for use for
purposes of tins Agreement are reduced, CITY shall not be liable for further payments
due to CONTRACTOR under this Agreement
(2) It is expressly understood that tins Agreement in no way obligates the General
Fund or any other momes or credits of the City of Denton
(3) CITY shall not be liable for any cost or portion thereof which
(a) has been paid, reimbursed or ~s subject to payment or reimbursement,
from any other source,
(b) was incurred prior to the beginning date, or after the endang date speci-
fied an Section l,
(e) is not in strict accordance with the terms of this Agreement, including
all exh~blts attached hereto,
(d) has not been billed to CITY within 90 calendar days following bflhng
to CONTRACTOR, or termanat~on of the Agreement, whichever date ~s
earlier, or
(e) is not an all6wable cost as defined by Section 11 of this Agreement or
the project budget
(4) CITY shall not be liable for any cost or portion thereof which is Incurred with
respect to any activity of CONTRACTOR reqmrmg prior written authonzataon form
CITY, or after CITY has requested that CONTRACTOR furmsh data concerning such
action prior to proceeding further, unless and until CITY advises CONTRACTOR to pro-
ceed
(5) CITY shall not be obligated or liable under flus Agreement to any party other
than CONTRACTOR for payment of any monies or provision of any goods or services
4.
COMPLIANCE WITH FEDERAL~ STATE AND LOCAL LAWS
A CONTRACTOR understands that funds prowded to it pursuant to flus Agreement are
funds which have been made available to CITY by the Federal Government (U S Department of
Housing and Urban Development) under the Housing and Community Development Act of
1974, as amended, m accordance with an approved Grant Application and specific assurances
Accordingly, CONTRACTOR assures and certifies that it will comply with the reqmrements of
the Housing and Community Development Act of 1974 (P L 93-383) as amended and with
regulations promulgated thereunder, and codified at 24 CFR 570 The foregoing is m no way
meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law
or admlms~at~ve ruling, or to narrow the standards wluch CONTRACTOR must follow
CONTRACTOR further accrues and certifies that if the regulatlons and issuances prom-
ulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as
provided m Section 24 of this Agreement
CONTRACTOR agrees to abade by the conditions of and comply with the requirements
of the Office of Management and Budget Circulars Nos A-110 and A-122
B CONTRACTOR shall comply with all applicable federal laws, laws of the State of
Texas and ordinances of the City of Denton
5.
REPRESENTATIONS
A CONTRACTOR assures and guarantees that it possesses the legal anthonty, pursuant
to any proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement
B The person or persons signing and executing this Agreement on behalf of CON-
TRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authonzed by
CONTRACTOR to execute fins Agreement on behalf of CONTRACTOR and to validly and le-
gally band CONTRACTOR to all terms, performances and provisions herein set forth
C CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a d~spute as to the legal authority of e~ther CONTRACTOR
or the person s~gnlng the Agreement to enter into this Agreement CONTRACTOR is liable to
CITY for any money ~t has received from CITY for performance of the prowslons of fins
Agreement if CITY has suspended or terminated fins Agreement for the reasons enumerated m
this Section
D CONTRACTOR agrees that the funds and resources provided CONTRACTOR under
the terms of fins Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which would
have been avoalable to, or provided through, CONTRACTOR had this Agreement not been exe-
cuted
PERFORMANCE BY CONTRACTOR
CONTRACTOR will prowde, oversee, administer, and carry out all of the actlvit~¢s and
services set out in the WORK STATEMENT, attached hereto and incorporated herein for all
purposes as Exhibit A, utlhzlng the funds described in Exhibit B, attached hereto and incorpo-
rated herein for all purposes and deemed by both parties to be necessary and sufficient payment
for full and satisfactory performance of the program, as determined solely by CITY and in ac-
cordance with all other terms, prowslons and requirements of fins Agreement
No mod~fieatlons or alterations may be made m the Work Statement without the prior
written approval of the City's Community Development Admlmstrator
7
PAYMENTS TO CONTRACTOR
A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totaling $15,325 for services rendered under this Agreement CITY will pay
these funds on a reimbursement basis to the CONTRACTOR Wlfinn 20 days after CITY has re-
ceived supporting documentation CONTRACTOR's failure to request reimbursement on a
timely basis may Jeopardize present or furore funding
Funds are to be used for the sole purpose of utility assistance to clients who demonstrate
inability to pay due to verifiable emergency need
B. Excess Payment. CONTRACTOR shall refund to CITY wltfinn ten working days of
CITY's request, any sum of money which has been paid by CITY and which CITY at any t~me
thereafter determines
(1) has resulted m overpayment to CONTRACTOR, or
(2) has not been spent strictly in accordance with the terms of this Agreement, or
(3) is not supported by adequate documentation to fully justify the expenditure
C. Disallowed Costs/Reversion of Assets. Upon terminated of th~s Agreement, should
any expense or change for winch payment has been made be subsequently d~sallowed or disap-
proved as a result of any auditing or momtonng by CITY, the Department of Housing and Urban
Development, or any other Federal agency, CONTRACTOR will refund such amount to CITY
within ten worlang days of a written notice to CONTRACTOR, which spemfies the amount dis-
allowed If CITY finds that CONTRACTOR is unw~lhng and/or unable to comply w~th any of
the terms of this Contract, CITY may reqmre a refund of any and all money expended pursuant
to this Contract by CONTRACTOR, as well as any remmmng unexpended funds Much shall be
refunded to CITY w~thin ten working days of a written notice to CONTRACTOR to revert these
financial assets The reversion of these financml assets shall be in addition to any other remedy
avmlable to CITY either at law or m equity for breach ofth~s Contract
Refunds of d~sallowed costs may not be made from these or any funds received from or
through CITY
D. Obligation of Funds. In the event that actual expenditure rates dewate from CON-
TRACTOR's prowsxon of a corresponding level of performance, as specified ~n Exhibit A, CITY
hereby reserves the right to reappropnate or recapture any such under expended funds
E. Contract Close Out. CONTRACTOR shall submit the Agreement close out package
to CITY, together with a final expenchture report, for the t~me period covered by the last ~nvo~ce
requesting reimbursement of funds under this Agreement, w~th~n 15 working days following the
close of the Agreement period CONTRACTOR shall utthze the form agreed upon by CITY and
CONTRACTOR
WARRANTIES
CONTRACTOR represents and warrants that
A All information, reports and data heretofore or hereafter requested by CITY and fur-
rushed to CITY, are complete and accurate as of the date shown on the reformation, data, or re-
port, and, since that date, have not undergone any s~gmficant change w~thout written notice to
CITY
B Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fturly reflect the financial condition of CONTRACTOR on the
date shown on smd report, and the results of the operation for the period covered by the report,
and that s~nce said date, there has been no material change, adverse or otherwise, in the financial
condition of CONTRACTOR
C No ht~gatlon or legal proceedings are presently pending or threatened against CON-
TRACTOR
D None of the provisions hereto contravenes or is in conflict with the anthonty under
which CONTRACTOR is doing business or w~th the provisions of any existing ~ndenture or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions ofth~s Agreement
F None of the assets of CONTRACTOR ~s subject to any hen or encumbrance of any
character, except for current taxes not delinquent, except as shown ~n the financial statements
furmshed by CONTRACTOR to CITY
Eaah of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment
9.
COVENANTS
A Dunng the period of time that payment may be made hereunder and so long as any
payments remain unhqmdated, CONTRACTOR shall not, without the pnor written consent of
the Community Development Administrator or her authonzed representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of CONTRACTOR now owned or hereafter acqmred by it, or permit any pre-
ex~stlng mortgages, hens, or other encumbrances to remmn on, or attached to, any assets
of CONTRACTOR which are allocated to the performance of th~s Agreement and with
respect to whtch CITY has ownerslup hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables,
notes or clmms for money due or to become due
(3) Sell, convey, or lease all or substantial part of its assets
(4) Make any advance or loan to, or ~ncur any llab~llty for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds prod to CONTRACTOR by CITY, unless CITY authorizes such trans-
fer
B Should CONTRACTOR use funds received under this Agreement to acquire or
prove real property under CONTRACTOR's control, CONTRACTOR agrees and covenants
(1) That the property shall be used to meet one of the national objectxves stated
24 CFR 570 until August 31, 2006
(2) That should CONTRACTOR transfer or otherwise d~spose of said property on
or before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of the
fair market value of flus property less any portion of the value attributable to expenditures
ofnon-CDBG funds for acqms~txon of, or improvement to, the property
C CONTRACTOR agrees, upon written request by CITY, to require its employees to
attend training sessions sponsored by the Commumty Development Office
10.
ALLOWABLE COSTS
A Costs shall be considered allowable only if incurred d~rectly and specifically ~n the
performance of and an comphance w~th th~s Agreement and ~n conformance with the standards
and prowslons of Exhxb~ts A and B
B Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written
approval, even though certain items may appear herein CITY's prior written authonzataon is re-
qmred m order for the following to be consadered allowable costs
(1) Encumbrances or expenditures dunng any one month period which exceeds
one~fifth (1/5) of the total budget as specafied iff Exhibit B
(2) CITY shall not be obhgated to any tlurd parties, ~nclud~ng any subcontractors
of CONTRACTOR, and CITY funds shall not be used to pay for any contract service
extending beyond the explratmn ofthxs Agreement
(3) Out of town travel
(4) Any alterations or relocation of the facilities on and ~n which the activities
specified an Exhibit A are conducted
(5) Any alterations, deletions or additions to the Personnel Schedule incorporated
~n Exhxbxt B
(6) Costs or fees for temporary employees or services
(7) Any fees or payments for consultant services
(8) Fees for attendang out of town meetings, seminars or conferences
Written requests for prior approval are CONTRACTOR's responsibility and shall be
made within sufficient tame to permat a thorough review by CITY CONTRACTOR must obtain
written approval by CITY prior to the commencement of procedures to solacat or purchase serv-
aces, equapment, or real or personal property Any procurement or purchase which may be ap-
proved under the terms of thas Agreement must be conducted m its entarety an accordance with
the provaslons of flus Agreement
11
PROGRAM INCOME
A For purposes of this Agreement, program income means earmngs of CONTRACTOR
realized fi.om actlvat~es resulting fi.om this Agreement or fi.om CONTRACTOR's management
of funding provaded or received hereunder Such earnings include, but are not lamated to, income
fi.om mterest, usage or rental or lease fees, income produced from contract-supported services of
mdavlduals or employees or fi.om the use or sale of equapment or faeflltaes of CONTRACTOR
provided as a result of thas Agreement, and payments fi.om clients or third parties for services
rendered by CONTRACTOR under this Agreement
B CONTRACTOR shall maintain records of the receapt and disposition of program m-
come m the same manner as reqmred for other contract funds, and reported to CITY an the for-
mat prescribed by CITY CITY and CONTRACTOR agree, based upon advice receavcd fi.om
representataves of the U S Department of Housing and Urban Development (HUD), that any fees
collected for servaces performed by CONTRACTOR shall be spent only for servace provlsaon
These fees or other program income will be deducted fi.om the regular reimbursement request
C CONTRACTOR shall include thas Seotaon m its entirety m all of its sub-contracts
which anvolve other income-producing servaces or actavltles
D It is CONTRACTOR's responslbllaty to obt0an fi.om CITY a prior determmataon as to
whether or not income ansang directly or Indirectly fi.om this Agreement, or the performance
thereof, constitutes program Income CONTRACTOR as responsable to CITY for the repayment
of any and all amounts determmed by CITY to be program income, unless otherwase approved an
writing by CITY
12.
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to mmntaln records that will provide accurate, current, sepa-
rate, and complete dasclosure of the status of the funds received under thas Agreement, m eom-
plaance with the provisions of Extubat B, attached hereto, and wtth any other apphcable Federal
and State regulatauns establashmg standards for financial management CONTRACTOR's record
system shall contain sufficient doeumentataon to provide m detail full support and justlficataon
for each expendtture Nothing m thas Seetaun shall be construed to relieve CONTRACTOR of
fiscal accountability and liability under any other provision of this Agreement or any applicable
law CONTRACTOR shall include the substance of this provision in all subcontracts
B CONTRACTOR agrees to retain all books, records, documents, reports, and written
accounting procedures pertaining to the operation of programs and expenditures of funds under
th~s Agreement for five years
C Nothing in the above subsections shall be construed to relieve CONTRACTOR of re-
sponslblhty for retaining accurate and current records which clearly reflect the level and benefit
of services provided under this Agreement
D At any reasonable time and as often as CITY may deem necessary, the CONTRAC-
TOR shall make available to CITY, HUD, or any of their authorized representatives, all of ~ts
records and shall penmt CITY, HUD, or any of their authorized representatives to audit, exam-
~ne, make excerpts and copies of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data requested
by said representatives
13.
REPORTS AND INFORMATION
At such t~mes and m such form as CITY may require, CONTRACTOR shall furnish such
statements, records, data and information as CITY may request and deem pertinent to matters
covered by tins Agreement
CONTRACTOR shall subnut quarterly beneficiary and financial reports to CITY no less
than once each three months The beneficiary report shall detail chent mformatlon, including
race, income, female head of household and other stat~st~es reqmred by CITY The flnancml re-
port shall include lnformat~on and data relative to all programmatic and financial reporting as of
the beg~unmg date specified in Section I ofth~s Agreement
Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit
an audit conducted by independent examiners within ten days after receipt of such
14.
MONITORING AND EVALUATION
A CITY shall perform on-site momtonng of CONTRACTOR's performances under this
Agreement
B CONTRACTOR agrees that CITY may carry out monitormg and evaluation activities
to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objec-
tives, which are attached hereto as Extnblt A, as well as other provisions of this Agreement
C CONTRACTOR agrees to cooperate fully with CITY in the development, implemen-
tation and m0antenance of record-keeping systems and to provide data determined by CITY to be
necessary for CITY to effectively fulfill its momtor~ng and evaluation responsibilities
D CONTRACTOR agrees to cooperate m such a way so as not to obstruct or delay
CITY m such momtonng and to designate one of its staff to coordinate the momtonng process as
requested by CITY staff
E After each official momtonng visit, CITY shall provide CONTRACTOR with a writ-
ten report ofmomtonng findings
F CONTRACTOR shall submit cop~es of any fiscal, management, or audit reports by
any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of
receipt by CONTRACTOR
15.
DIRECTORS' MEETINGS
Dunng the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY
copies of all notices of meetings of its Board of D~rectors, setting forth the time and place
thereof Such notice shall be delivered to CITY in a timely manner to give adequate notme, and
shall include an agenda and a brief description of the matters to be discussed CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors' meetings
Minutes of all meetings of CONTRACTOR's governing body shall be avmlable to CITY
w~thln ten workang days of approval
16
INSURANCE
A CONTRACTOR shall observe sound bus~ness practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under tlus
Agreement
B The premises on and m wlunh the activities described in Exhibit A are conducted, and
the employees conducting these actlvit~es, shall be covered by premise liability insurance, com-
monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured Upon
request of CONTRACTOR, CITY may, at ~ts sole discretion, approve alternate insurance cover-
age arrangements
C CONTRACTOR will comply w~th applicable workers' compensation statues and will
obtain employers' liability coverage where avmlable and other appropriate liability coverage for
program partmlpants, if applicable
D CONTRACTOR will malntmn adequate and continuous liability ~nsurance on all ve-
hicles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are required to dnve a vehicle ~n the normal scope and course of their employment must possess
a vahd Texas driver's license and automobile hablhty insurance Evidence of the employee's
current possession of a vahd hcense and Insurance must be maintained on a current bas~s an
CONTRACTOR's files
E Actual losses not covered by msurance as reqmred by th~s Section are not allowable
costs under flus Agreement, and remain the sole respons~blhty of CONTRACTOR
F The pohcy or pohcles of insurance shall contain a clause which reqmres that C~ty and
Contractor be notified m wnt~ng of any cancellation of change m the policy at least thirty (30)
days prior to such change or cancellation
17.
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval, a written plan for comphance with
the Equal Employment and Affirmative Action Federal provisions, w~th~n 30 days of the effec-
tive date of th~s Agreement
B CONTRACTOR shall comply w~th all applicable equal employment opportumty and
affirmative action laws or regulations
C CONTRACTOR will furmsh all ~nformation and reports requested by the CITY, and
will permit access to ~ts books, records, and accounts for purposes of Investigatmn to ascertain
comphance w~th local, state and Federal rules and regulations
D In the event of CONTRACTOR's non-comphance w~th the non-discrimination re-
quirements, CITY may cancel or ternnnate the Agreement m whole or m part, and CONTRAC-
TOR may be barred from further contracts with CITY
18.
PERSONNEL POLICIES
Personnel pohc~es shall be estabhshed by CONTRACTOR and shall be available for ex-
amination Such personnel pohc~es shall
A Be no more hberal than CITY's personnel pohc~es, procedures, and practices, Includ-
ing policies w~th respect to employment, salary and wage rates, working hours and holidays,
fnng¢ benefits, vacation and s~ck leave pnwleges, and travel, and
B Be in wntmg and shall be approved by the governing body of CONTRACTOR and by
CITY
19.
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither it nor any member of its governing body pres-
ently has any interest, d~rect or Indirect, which would conflict in any manner or degree with the
performance of sermces required to be performed under this Agreement CONTRACTOR further
covenants that m the performance of this Agreement, no person having such interest shall be em-
ployed or appointed as a member of its govermng body
B CONTRACTOR further covenants that no member of Its governing body or its staff,
subcontractors or employees shall possess any interest in or use h~s position for a purpose that is
or gives the appearance of being motivated by desire for private gmn for himself, or others, par-
tlcularly those with wtuch he has family, business, or other ties
C No officer, member, or employee of CITY and no member of Its governing body who
exercises any function or responslblhtles in the rewew or approval of the undertaking or carrying
out of tins Agreement shall (1) participate m any decision relating to the Agreement which af-
fects his personal Interest or the interest in any corporation, partnership, or association ~n which
he has d~rect or indirect interest, or (2) have any interest, direct or mdarect, in this Agreement or
the proceeds thereof
20
NEPOTISM
CONTRACTOR shall not employ ~n any paid capacity any person who is a member of
the Immediate family of any person who is currently employed by CONTRACTOR, or ~s a
member of CONTRACTOR's governing board The term "member of immediate family" 1n-
eludes wife, husband, son, daughter, mother, father, brother, sister, m-laws, aunt, uncle, nephew,
niece, step-parent, step-child, half-brother and half-sister
21
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall Involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any politi-
cal actlvlty (Including, but not hm~ted to, an activity to further the election or defeat of any can-
dldate for public office) or any activity undertaken to Influence the passage, defeat or final con-
tent of legislation
B None of the performance rendered hereunder shall ~nvolve, and no portion of the funds
received by CONTRACTOR hereunder shall be used for or apphed directly or ~nd~rectly to the
construction, operation, maintenance or administration, or be utilized so as to benefit m any
manner any sectarian or religious facility or actlwty
22.
PUBLICITY
A Where such action is appropriate, CONTRACTOR shall publicize the activities con-
ducted by CONTRACTOR under this Agreement In any news release, sign, brochure, or other
advertising medium, dlssemlnatmg information prepared or distributed by or for CONTRAC-
TOR, the advertising medium shall state that the U S Department of Housing and Urban Devel-
opment's Community Development Block Grant Program funding through the City of Denton
has made the project possible
B All published material and written reports submitted under this project must be origi-
nally developed material unless otherwise specifically provided in this Agreement When mate-
hal not originally developed is included in a report, the report shall identify the source m the
body of the report or by footnote This provision is applicable when the material is in a verbatim
or extensive paraphrase format
All published material submitted under ttus project shall include the following reference
on the front cover or title page
This document is prepared in accordance with the City of Denton's Community
Development Block Grant Program, with funding received from the United States De-
partment of Housmg and Urban Development
C All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basle proposal, or contracts and any responses, lnqmnes, correspon-
dence and related material submitted by CONTRACTOR shall become the property of CITY
upon receipt
23.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is prepanng or sub-
mitting any application for funding in accordance with the following procedures
A When the application is in the planning stages, CONTRACTOR shall submit to CITY
a description of the funds being applied for, and the proposed use of funds
B Upon award of or notice of award, whichever is sooner, CONTRACTOR shall not~fy
CITY of such award and the effect, if any, of such funding on the funds and program(s) con-
tracted hereunder Such notice shall be submitted to CITY, in writing, within ten working days of
receipt of the notice of award or funding award by CONTRACTOR, together with copies of the
budget, program description, and Agreement
C CONTRACTOR shall not use funds provided hereunder, whether d~rectly or ~nd~-
rectly, as a contribution, or to prepare appllcat~ons to obtmn any federal or private funds under
any federal or private program w~thout the prior written consent of CITY
24.
CHANGES AND AMENDMENTS
A Any alterations, add~tmns, or deletmns to the terms of th~s Agreement shall be by
written amendment executed by both parties, except when the terms of thru Agreement expressly
prowde that another method shall be used
B CONTRACTOR may not make transfers between or among approved hneqtems
w~th~n budget categories set forth m Exhibit B w~thout prior written approval of CITY CON-
TRACTOR. shall request, m writing, the budget revision ~n a form prescribed by CITY, and such
request for rews~on shall not increase the total monetary obhgat~on of CITY under thru Agree-
ment In addlt~on, budget rews~ons cannot s~gmficantly change the nature, intent, or scope of the
program funded under th~s Agreement
C CONTRACTOR will subunt rewsed budget and program ~nformat~on, whenever the
level of funding for CONTRACTOR or the program(s) described herein ~s altered according to
the total levels contmned m any port,on of Exhibit B
D It ~s understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur dunng the term ofth~s Agreement Any such
modfficat~ons are to be automatmally incorporated ~nto th~s Agreement w~thout written amend-
ment hereto, and shall become a part of the Agreement on the effective date specffied by the law
or regulation
E CITY may, from t~me to ttme dunng the term of the Agreement, request changes ~n
Exhibit A Much may include an increase or decreased m the amount of CONTRACTOR's eom-
pensatlon Such changes shall be incorporated ~n a written amendment hereto, as prowded ~n
Subsection A ofth~s Section
F Any alterations, deletion, or add~tlons to the Contract Budget Detail incorporated in
Exhibit B shall reqmre the prior written approval of CITY
G CONTRACTOR agrees to notify CITY of any proposed change in physmal location
for work performed under ttus Agreement at least 30 calendar days in advance of the change
H CONTRACTOR shall notify CITY of any changes m personnel or governing board
composition
I It ~s expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among smd programs w~ll be perm~t-
ted
25
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly per-
form each of the requirements, time conditions and duties provided herein, CITY, without hmlt-
mg any rights it may otherwise have, may, at its dlscretlon, and upon ten working days written
notice to CONTRACTOR, withhold further payments to CONTRACTOR Such notice may be
given by mall to the Executive Officer and the Board of Directors of CONTRACTOR The no-
tice shall set forth the default or failure alleged, and the action required for cure
The period of such suspension shall be of such duration as is appropriate to accomplish
corrective action, but in no event shall it exceed 30 calendar days At the end of the suspanslon
period, if CITY determines the default or deficlaney has been satisfied, CONTRACTOR may be
restored to full compliance status and paid all eligible funds withheld or impounded dunng the
suspension period If however, CITY determines that CONTRACTOR has not come into eom-
phance, the provisions of Section 26 may be effectuated
26.
TERMINATION
A CITY may terminate this Agreement for cause under any of the following reasons or
for other reasons not specifically enumerated in this paragraph
(1) CONTRACTOR's failure to attmn compliance dunng any prescribed period of
suspension as provided in Section 25
(2) CONTRACTOR's violation of covenants, agreements or guarantees of this
Agreement
(3) Termination or reduction of funding by the United States Department of
Housing and Urban Development
(4) Finding by CITY that CONTRACTOR
(a) is ~n such unsatisfactory financial condlt~on as to endanger perform-
anee under fins Agreement,
(b) has allocated inventory to this Agreement substantially exceeding rea-
sonable requirements,
(e) as dehnquant m payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business
(5) Appoantment of a trustee, receiver or liquidator for all or substantial part of
CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement
of or hquldatlon proceedmgs by or agmnst CONTRACTOR
(6) CONTRACTOR's lnablhty to conform to changes reqmred by Federal, State
and local laws or regulataons as pmvaded m Section 4, and Section 24(D), of tins Agree-
ment
(7) The commission of an act of bankruptcy
(8) CONTRACTOR's violation of any law or regulation to winch CONTRAC-
TOR is bound or shall be bound under the terms of the Agreement
CITY shall promptly notify CONTRACTOR in writing of the declsaon to terminate and
the effective date of termlnataon Simultaneous notice of pendang termanatlon maybe made to
other fundmg source specified in Exinbat B
B CITY may terminate thas Agreement for convenience at any tame If tins Agreement as
terminated by CITY for convenience, CONTRACTOR wall be prod an amount not to exceed the
total of accrued expenditures as of the effective date of termination In no event will this com-
pensation exceed an amount winch bears the same ratao to the total compensataon as the services
actually performed bears to the total sermces of CONTRACTOR covered by the Agreement, less
payments previously made
C CONTRACTOR may termanate thas Agreement an whole or in part by wntten notate
to CITY, if a termanation of outsade fimdlng occurs upon winch CONTRACTOR depends for
performance hereunder CONTRACTOR may opt, wlthan the hmatatlons of thas Agreement, to
seek an alternatave fundmg source, with the approval of CITY, provided the termination by the
outsade fundmg source was not occasioned by a breach of contract as defined herean or as de-
fined in a contract between CONTRACTOR and the funding source in question
CONTRACTOR may termanate thas Agreement upon the dassolution of CONTRAC-
TOR's organization not occasioned by a breach ofthas Agreement
D Upon receipt ofnotme to terminate, CONTRACTOR shall cancel, wathdraw or other-
wise terminate any outstanding orders or subcontracts whmh relate to the performance of this
Agreement, CITY shall not be hable to CONTRACTOR or CONTRACTOR's creditors for any
expenses, encumbrances or obligations whatsoever incurred after the termmatlon date hsted on
the notate to terminate referred to in this paragraph
E Notwithstanding any exercase by CITY of ats right of suspensaon or termination,
CONTRACTOR shall not be reheved of habfllty to CITY for damages sustmnad by CITY by
virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reim-
bursement to CONTRACTOR until such tame as the exact amount of damages due to CITY from
CONTRACTOR as agreed upon or otherwme determined
27
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity agmnst CONTRACTOR, CONTRACTOR shall give
written notice thereof to CITY within two working days after being notified of such claim, de-
mand, suit or other action Such notice shall state the date and hour of notification of any such
claim, demand, suit or other action, the names and addresses of the person(s), finn, corporation
or other entity making such clmm, or that instituted or threatened to institute any type of action
or proceeding, the basis of such elmm, action or proceeding, and the name of any person(s)
against whom such clmm is being made or threatened Such written notice shall be delivered ei-
ther personally or by mml
28.
INDEMNIFICATION
A It IS expressly understood and agreed by both parties hereto that CITY is con-
tracting with CONTRACTOR as an independent contractor and that as such, CON-
TRACTOR shall save and hold CITY, its officers, agents and employees harmless from all
liability of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever resulting
in whole or m part from the performance or omission of any employee, agent or represen-
tative of CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, suits, causes
of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the
use of these contracted funds and program administration and implementation except to
the extent caused by the willful act or omission of CITY, its agents, employees, or contrac-
tors
29
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assign ttus Agreement or any
interest thereto, or any claim ansmg thereunder, to any party or parties, bank, trust company or
other financial lnstltutwn without the prior written approval of CITY
B If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remalmng provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto
C In no event shall any payment to CONTRACTOR hereunder, or any other act or fail-
ure of CITY to resist in any one or more instances upon the terms and conditions of this Agree-
ment constitute or be construed In any way to be a waiver by CITY of any breach of covenant or
default which may then or subsequently be committed by CONTRACTOR Neither shall such
payment, act, or omission in any manner Impair or prejudice any right, power, privilege, or rem-
edy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or reme-
dies are always specifically preserved No representative or agent of CITY may wmve the effect
of this prowslon
D This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement, un-
derstanding or other commitment antecedent to this Agreement, whether written or oral, shall
have no force or effect whatsoever, nor shall an agreement, assertion, statement, understanding,
or other commitment occurnng during the term of this Agreement, or subsequent thereto, have
any legal force or effect whatsoever, unless properly executed in writing, and If appropriate, re-
corded as an amendment of this Agreement
E In the event any disagreement or dispute should arise between the parties hereto per-
tmmng to the Interpretation or meaning of any part of this Agreement or ItS governing rules,
codes, laws, orthnances or regulations, CITY as the party ultimately responsible to HUD for
matters of compliance, will have the final authority to render or to secure an Interpretation
F For purposes of this Agreement, all offimal commumcatlons and notices among the
parties shall be deemed made if sent postage paid to the parties and address set forth below
TO CITY TO CONTRACTOR
City Manager Director
City of Denton Interfaith Ministries of Denton, Inc
215 E McI~nney St P O Box 1744
Denton, Texas 76201 Denton, Texas 76202
G This Agreement shall be Interpreted in accordance with the laws of the State of Texas
and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction
sitting in Denton County, Texas
_Z
on this the ~/~ day of
OF WHICH this Agreement has been executed
,1999
CITY OF DENTON
MIeH'AEL ~JE'Z, ~FMANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
INTERFAITH MINISTRIES OF DENTON,
INC
c~O~ SBCR-"EtrARY
City of Denton - Commumty Development Division
Qualifying Income Limits for Federally Assisted Programs
I~/' 1999-2000
Maximum Income Levels
Family Moderate Income Low Income Very Low Income Extremely Low Income
Size 80% - 66% AMI 66% - 6~ % AMI 50% - 31% AMI 30% & Below AMI
1 $32,600 $26,501 $26,500 $20,351 $20,350 $12,201 $12,200 or Below
2 $37,250 $30,251 $30,250 $23,301 $23,300 $13,951 $13,950 orBelow
3 $41,900 $34,051 $34,050 $26,201 $26,200 $15,701 $15,700 or Below
4 $46,550 $37,851 $37,850 $29,101 $29,100 $17,451 $17,450 or Below
5 $50,300 $40,851 $40,850 $31,451 $31,450 $18,851 $18,850 or Below
6 $54,000 - $43,901 $43,900 - $33,751 $33,750 $20,251 $20,250 or Below
7 $57,750-$46,901 $46,900-$36,101 $36,100 $21,651 $21,650 or Below
8 $61,450 - $49,951 $49,950 - $38,401 $38,400 - $23,051 $23,050 or Below
Source U S Department of Housing and Urban Development
Effective October 1, 1999
EXHIBIT "A"
WORK STATEMENT
INTERFAITH MINISTRIES OF DENTON, 1NC
Interfmth Mlmstnes will coordinate utlhty assistance with other human service agencies to ~n-
sure that client assistance is not duplicated
The goal of this program is to assist each client to work toward self-sufficiency,
Assistance provided includes payment of utthty bills for chents meeting income eligibility
guidelines (see HUD quahfy~ng income limits chart)
Other programs offered by the agency ~ncludes supplemental housing funds and emergency
me&cation needs (prescnptlons and doctor/dentist appointments) Children's clothing s~zes in-
fant-12 years is avmlable Other programs include a jobs program to help people find employ-
ment and The RX+ Program, which promdes medications for persons 55 years of age and older
School supplies are provided for children whose parents cannot afford them, and a summer fans
program places box and oscillating fans m homes which do not have air condltlomng
Funding from the City of Danton ~s for $15,325 and will be used for the sole purpose of utility
payments
EXHIBIT "B"
BUDGET
INTERFAITH MINISTRIES OF DENTON, INC
Utlhty Payments $15,325 O0