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1999-327AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF SUFFICIENCY PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2380 - SELF SUFFICIENCY PROGRAM AWARDED TO HOPE, INC IN THE AMOUNT OF $30,000) WHEREAS, the C~ty has sohc~ted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m accordance with the procedures of STATE law and City ordmances, and WHEREAS, the Cxty 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 m the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Council has provided in the City Budget for the approprmtlon of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECTION I That the following competitive bids for materials, equipment, supplies, or services, described ~n the "Bxd Proposals" on file m the office of City's Purchasing Agent filed accorthng 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 2380 ALL HOPEr INC $30,000 SECTION II That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such Items and agrees to purchase the materials, equipment, supplies or services m accordance w~th the terms, specifications, standards, quantities and for the specified sums contained ~n the B~d Invitations, Bid Proposals, and related documents SECTION III That the C~ty and persons submitting approved and accepted items and of the submitted bids w~sh 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 ~s hereby authorized to execute the written contracts which shall be attached hereto, provided that the written contract is in accordance with the terms, conthtlons, specifications, standards, quantities and specified sums contained m the Bid Proposal and related documents here~n 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 w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 6~//~Say of ~ 1999 JAC~I~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2380 HOPE INC CONTRACT ORDINANCE 1999 - 2000 CDBG SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC BID #2380 Th~s Agreement ~s made and entered into by and between the C~ty of Denton, a Texas mumclpal corporation, acting by and through ~ts C~ty Manager, pursuant to ordinance, hereinafter referred to as CITY, and, Hope, Inc, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR WHEREAS, CITY has received certmn funds from the U S Department of Housing and Urban Development under T~tle I of the Housing and Commumty Development Act of 1974, as amended, and WHEREAS, CITY has adopted a budget for such funds and included there~n an authorized budget for expand~ture of funds for assistance to homeless and potentially homeless famthes, and WHEREAS, CITY has designated the Commtunty Development Office as the dlws~on responsible for the administration of ttus Agreement and all matters pertaining thereto, and WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project, NOW, THEREFORE, the part, es hereto agree, and by the execution hereof are bound to the mutual obhgat~ons and to the performance and accomplishment of the contht~ons hereinafter described 1 TERM Th~s Agreement shall commence on or as of October 1, 1999, and shall tenmnate on September 30, 2000, unless sooner terminated m accordance w~th Section 26 "Terunnatlon" 2. RESPONSIBILITIES CONTRACTOR hereby accepts the respons~bthty for the performance of all services and act~wt~es described m the Work Statement attached hereto as Exhibit A, ~n a satisfactory and effiment manner as determined by CITY, in accordance with the terms herem CITY will consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible for the management of all contractual matters pertmnmg hereto, unless written notfficatlon to the contrary is received from CONTRACTOR, and approved by CITY The CITY's Community Development Administrator will be CITY's representative responsible for the admunstratlon oftlus Agreement CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant in accordance with the project budget included as a part of Exhibit B Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $30,000 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 Exhibit B, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement (1) The partlas 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 llablhtms under this Agreement If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR m writing within a reasonable time after such fact has been determined CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement IfCDBG funds ehglble for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agreement (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton (3) CITY shall not be liable for any cost or portion thereof whmh (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source, (b) was incurred prior to the beginning date, or after the ending date specified in Section 1, (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto, (d) has not been billed to CITY within 90 calendar days following billing to CONTRACTOR, or termination of the Agreement, wluchever date is earlier, or (e) is not an allowable cost as defined by Section 11 of this Agreement or the project budget (4) CITY shall not be liable for any cost or portaon thereof whach as recurred with respect to any actavaty of CONTRACTOR requmng prior written authonzataon form CITY, or aider CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY adwses CONTRACTOR to proceed (5) CITY shall not be obhgated or hable under thas Agreement to any party other than CONTRACTOR for payment of any momes or provas~on of any goods or servmes 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A CONTRACTOR understands that funds prowded to ~t pursuant to th~s Agreement are funds whmh have been made available to CITY by the Federal Government (U S Department of Housmg and Urban Development) under the Housing and Communaty Development Act of 1974, as mended, an accordance wath an approved Grant Apphcataon and spemfic assurances Accordingly, CONTRACTOR assures and certffies that ~t wall comply wath the reqmrements of the Housing and Community Development Act of 1974 (P L 93-383) as amended and wath regulataons promulgated thereunder, and codffied at 24 CFR 570 The foregoing as an no way meant to constatute a complete compflataon of all dutaes ~mposed upon CONTRACTOR by law or admm~strattve ruling, or to narrow the standards whmh CONTRACTOR must follow CONTRACTOR further accrues and certffies that if the regulataons and assuances promulgated pursuant to the Act are amended or revased, ~t shall comply wath them, or notify CITY, as provided m Sectaon 24 ofthas Agreement CONTRACTOR agrees to abide by the conditions of and comply wath the reqmrements of the Office of Management and Budget Carculars Nos A-110 and A-122 B CONTRACTOR shall comply w~th all appheable federal laws, laws of the State of Texas and ordinances of the Caty of Denton 5 REPRESENTATIONS A CONTRACTOR assures and guarantees that ~t possesses the legal authority, pursuant to any proper, appropriate and official motaon, resolution or actaon passed or taken, to enter into this Agreement B The person or persons slgmng and executing thas Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized Iby CONTRACTOR to execute thas Agreement on behalf of CONTRACTOR and to vahdly and legally band CONTRACTOR to all terms, performances and provmaons here~n set forth C CITY shall have the right, at its option, to e~ther temporarily suspend or permanently terminate tins Agreement ffthere m a (hspute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter ~nto flus Agreement CONTRACTOR ~s hable to CITY for any money ~t has received from CITY for performance of the prowsaons of flus Agreement ff CITY has suspended or terminated thas Agreement for the reasons enumerated in this Section D CONTRACTOR agrees that the funds and resources prowded CONTRACTOR under the terms of flus Agreement w~ll m no way be substttuted for funds and resources from other sources, nor m any way serve to reduce the resources, servaces, or other benefits wluch would have been avmlable to, or prowded through, CONTRACTOR had flus Agreement not been executed 6. PERFORMANCE BY CONTRACTOR CONTRACTOR wall promde, oversee, admlmster, and carry out all of the actlvltaes and servaces set out an the WORK STATEMENT, attached hereto and incorporated here~n for all purposes as Extnb~t A, utdmng the funds described ~n Exhablt B, attached hereto and ancorporated here~n for all purposes and deemed by both part, es to be necessary and suffiment payment for full and satisfactory performance of the program, as determined solely by CITY and an accordance w~th all other terms, prowslons and reqmrements of this Agreement No modfficataons or alterations may be made m the Work Statement w~thout the prior written approval of the C~ty's Conunumty Development Adm~mstrator 7 PAYMENTS TO CONTRACTOR A. Payments to Contractor The CITY shall pay to the CONTRACTOR a maxamum amount of money totaling $30,000 00 for servtces rendered under flus Agreement CITY wall pay these funds on a reunbursement basas to the CONTRACTOR w~flun 20 days after CITY has received supporting documentation CONTRACTOR's failure to request reimbursement on a tamely basis may jeopardaze present or future funding Funds are to be used for the sole purpose of prowd~ng assistance to homeless and potentmlly homeless famd~es B. Excess Payment. CONTRACTOR shall refund to CITY waflun ten working days of CITY's request, any sum of money whmh has been prod by CITY and whmh CITY at any tame thereafter determmes (1) has resulted m overpayment to CONTRACTOR, or (2) has not been spent strictly ~n accordance w~th the terms ofth~s Agreement, or (3) is not supported by adequate docmnentatlon to fully justify the expenditure C. Disallowed Costs/Reversion of Assets. Upon terminated of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved 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 wltlun ten working days of a written notice to CONTRACTOR, which specifies the amount disallowed If CITY finds that CONTRACTOR ~s unwflhng and/or unable to comply with any of the terms of th~s Contract, CITY may require a refund of any and all money expended pursuant to this Contract by CONTRACTOR, as well as any remmmng unexpended funds which shall be refunded to CITY within ten working days of a wnttan notice to CONTRACTOR to revert these financial assets The reversion of these financial assets shall be in addition to any other remedy avmlable to CITY either at law or in equity for breach of this Contract Refunds of thsallowed costs may not be made from these or any funds received from or through CITY D. Deobllgatlon of Funds. In the event that actual expenditure rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified m 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 w~th a final expenchture report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR 8. WARRANTIES CONTRACTOR represents and warrants that A All information, reports and data heretofore or hereafler requested by CITY and furmshed to CITY, are complete and accurate as of the date shown on the mformat~on, data, or report, and, since that date, have not undergone any significant change w~thout written notice to CITY B Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly 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 smd date, there has been no material change, adverse or otherwise, ~n the financial condition of CONTRACTOR C No htlgatlon or legal proceedings are presently pending or threatened agmnst CONTRACTOR D None of the provlstons herein contravenes or ~s tn conflict wtth the authority under wtuch CONTRACTOR ~s doing business or wxth the provtstons of any existing ~ndenmre or agreement of CONTRACTOR E CONTRACTOR has the power to enter tnto this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of thru Agreement F None of the assets of CONTRACTOR ts subject to any hen or encumbrance of any character, except for current taxes not delinquent, except as shown tn the financial statements fumtshed by CONTRACTOR to CITY Each of these representations and warranties shall be conttnumg and shall be deemed to have been repeated by the submlsston 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 prior written consent of the Commumty Development Admlmstrator or her authorized representative (1) Mortgage, pledge, or otherwtse encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acqmred by tt, or permit any pm- exmtlng mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR whmh are allocated to the performance of th~s Agreement and w~th respect to wluch CITY has ownership hereunder (2) Sell, assign, pledge, transfer or otherwme dispose of accounts receivables, notes or clmms for money due or to become due (3) Sell, convey, or lease all or substanttal part of its assets (4) Make any advance or loan to, or tncur any hablhty for any other firm, person, entity or corporation as guarantor, surety, or accommodatton endorser (5) Sell, donate, loan or transfer any equipment or atem of personal property purchased w~th funds prod to CONTRACTOR by CITY, unless CITY anthonzes such transfer B Should CONTRACTOR use funds recetved under thts Agreement to acqmre or tmprove real property under CONTRACTOR's control, CONTRACTOR agrees and covenants (1) That the property shall be used to meet one of the national objectives stated tn 24 CFR 570 until August 31, 2006 (2) That should CONTRACTOR transfer or otherwise dtspose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY ~n the amount of the fmr market value of this property less any port~on of the value attributable to expenditures of non-CDBG funds for acquisition of, or ~mprovement to, the property C CONTRACTOR agrees, upon written request by CITY, to require its employees to attend trmmng sessions sponsored by the Commumty Development Office 10 ALLOWABLE COSTS A Costs shall be conmdered allowable only if incurred d~rectly specifically in the performance of and ~n eomphance w~th this Agreement and in conformance with the standards and provisions of Exhablts A and B B Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certmn items may appear here~n CITY's pnor written authorization ~s reqmred in order for the following to be considered allowable costs (1) Encumbrances or expenditures dunng any one month period which exceeds one-fifth (1/5) of the total budget as specffied in Exlublt B (2) CITY shall not be obligated to any third part, es, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement (3) Out of town travel (4) Any alterations or relocation of the facilities on and in whmh the act~wt~es specified in Exhibit A are conducted (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B (6) Costs or fees for temporary employees or services (7) Any fees or payments for consultant servmes (8) Fees for attending out of town meetings, seminars or conferences Written requests for prior approval are CONTRACTOR's responsibility and shall be made w~thm suffiment t~me to permit a thorough review by CITY CONTRACTOR must obtmn wntten approval by CITY prior to the commencement of procedures to sohc~t or purchase services, equipment, or real or personal property Any procurement or purchase which may be approved under the terms of fins Agreement must be conducted m its entxrety ~n accordance w~th the prows~ons ofthxs Agreement ll. PROGRAM INCOME A For purposes of th~s Agreement, program ancome means earnings of CONTRACTOR reahzed from act~wt~es resulting from flus Agreement or from CONTRACTOR's management of funding provided or receaved hereunder Such earmngs include, but are not hm~ted to, income from interest, usage or rental or lease fees, income produced from contract-supported services of ~ndawduals, or employees or from the use or sale of eqmpment or facfl~tles of CONTRACTOR provided as a result of th~s Agreement, and payments from chents or third parties for servaces rendered by CONTRACTOR under th~s Agreement B CONTRACTOR shall mmntain records of the receapt and d~sposat~on of program m- come an the same manner as required for other contract funds, and reported to CITY an the for- mat prescribed by CITY CITY and CONTRACTOR agree, based upon adwce received from representatives of the U S Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for servaee prowsaon These fees or other program ~neome will be deducted from the regular reimbursement request C CONTRACTOR shall include this Sectaon an ~ts entirety ~n all of its sub-contracts which ~nvolve other Income-producing services or actavltaes D It ~s CONTRACTOR's responsibility to obtain from CITY a prior determination as to whether or not income arising darectly or mdarectly from th~s Agreement, or the performance thereof, constitutes program mcome CONTRACTOR as responsible to CITY for the repayment of any and all amounts determined by CITY to be program antoine, unless otherwise approved m wntang by CITY 12. MAINTENANCE OF RECORDS A CONTRACTOR agrees to maintain records that will prowde accurate, current, sepa- rate, and complete d~sclosttre of the status of the funds receaved under th~s Agreement, ~n com- phance w~th the prowsaons of Exbab~t B, attached hereto, and w~th any other appheable Federal and State regulations establtshang standards for financml management CONTRACTOR's record system shall contain sufficient documentation to provade m detail full support and justification for each expenchture Nothing m th~s Section shall be construed to reheve CONTRACTOR of fiscal accountability and habthty under any other provas~on of thas Agreement or any applicable law CONTRACTOR shall ~nclud¢ the substance ofthas provaslon m all subcontracts B CONTRACTOR agrees to retain all books, records, documents, reports, and written accountingI procedures pertaimng to the operation of programs and expendatures of funds under thas Agreement for five years and under the eond~tmns specified by CITY C Nothing in the above subsections shall be construed to reheve CONTRACTOR of responsabfllty for retmnmg accurate and current records which clearly reflect the level and benefit of servmes provided under th~s Agreement D At any reasonable t~me and as often as CITY may deem necessary, the CONTRACTOR shall make avmlable to CITY, HUD, or any of their authorized representataves, all ofats records and shall permit CITY, HUD, or any of their authorized representataves to audit, examane, make excerpts and cop~es of such records, and to conduct audits of all contracts, anvmces, materials, payrolls, records of personnel, conditions or employment and all other data requested by smd representatives 13. REPORTS AND INFORMATION At such tames and an such form as CITY may reqmre, CONTRACTOR shall furmsh such statements, records, data and reformation as CITY may request and deem pertinent to matters covered by tfus Agreement CONTRACTOR shall submat quarterly beneficaary and financial reports to CITY no less than once each three months The beneficmry report shall detml client ~nformat~on, ~neludlng race, ~ncome, female head of household and other statlstms reqmred by CITY The finanmal report shall include mformataon and data relatave to all programmatm and finanmal reporting as of the beg~nmng date specffied m Section 1 of this Agreement Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an andat conducted by independent examiners wath ten days after receapt of such 14. MONITORING AND EVALUATION A CITY shall perform on-sate momtonng of CONTRACTOR's performances under flus Agreement B CONTRACTOR agrees that CITY may carry out momtonng and evaluataon activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and ObJectives, wluch are attached hereto as Exfub~t A, as well as other prows~ons of th~s Agreement C CONTRACTOR agrees to cooperate fully with CITY m the development, amplemen~atlon and mmntenance of record-keeping systems and to promde data determined by CITY to be necessary for CITY to effectively fulfill ~ts momtonng and evaluation responsibilities D CONTRACTOR agrees to cooperate in 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 written report ofmomtonng findings F CONTRACTOR shall submit copies 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 dehvered to CITY cop~es of all notices of meetings of its Board of Directors, setting forth the t~me and place thereof Such notice shall be dehvered to CITY m a timely manner to give adequate notme, and shall include an agenda and a brief description of the matters to be d~scussed 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 govermng body shall be avaJlable to CITY within ten working days of approval 16. INSURANCE A CONTRACTOR shall observe sound bus~ness practmes with respect to providing such bonding and insurance as would pmmde adequate coverage for services offered under this Agreement B The premises on and ~n which the actlmt~es described m Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability ~nsurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured Upon request of CONTRACTOR, CITY may, at its sole d~scret~on, approve alternate insurance coverage arrangements C CONTRACTOR will comply with applicable workers' compensation statues and wall obtmn employers' liability coverage where avmlable and other appropriate habfllty coverage for program partm~pants, if applicable D CONTRACTOR will mmnttun adequate and continuous habthty ~nsurance on all vehicles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance Evidence of the employee's current possession of a valid license and insurance must be malnta~ned on a current basis in CONTRACTOR's files E Actual losses not covered by insurance as required by this Section are not allowable costs under flus Agreement, and remam the sole responsibility of CONTRACTOR F The policy or pohcles of insurance shall contain a clause whmh requires that City and Contractor be notified in wrttmg of any cancellation of change in the policy at least 30 days prior to such change or cancellation 17. EQUAL OPPORTUNITY A CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Actmn Federal provisions, within 30 days of the effective date of this Agreement B CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations C CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations D In the event of CONTRACTOR's non-comphance with the non-discrimination reqmrements, CITY may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY 18. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be avmlable for examination Such personnel policies shall A Be no more liberal than CITY's personnel policies, procedures, and practices, lncludang policies with respect to employment, salary and wage rates, working hours and holidays, fnnge benefits, vacation and sick leave privileges, and travel, and B Be m writing 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 presently has any interest, direct or indirect, which would conflict ~n any manner or degree with the performance of services reqmmd to be performed under this Agreement CONTRACTOR further covenants that in the performance of th~s Agreement, no person hawng such interest shall be employed or appointed as a member of its governing body B CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any mterest in or use his position for a purpose that is or g~ves the appearance of being motivated by desire for private gmn for himself, or others, particularly those with whmh he has family, bus~ness, or other ties C No officer, member, or employee of CITY and no member of its govemmg body who exemlses any function or responsabtht~es m the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects ~s personal interest or the interest m any corporation, partnership, or assocmtlon ~n which he has d~rect or ~ndlrect interest, or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof 20. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the ~mmedmte family of any person who is currently employed by CONTRACTOR, or ~s a member of CONTRACTOR's govermng board The term "member of immediate family" includes wife, husband, son, daughter, mother, father, brother, sister, ~n-laws, aunt, uncle, nephew, mete, step-parent, step-child, half-brother and half-sister 21. POLITICAL OR SECTARIAN ACTIVITY A None of the performance rendered hereunder shall ~nvolve, and no port~on of the funds received by CONTRACTOR hereunder shall be used, e~ther directly or ~ndlrectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any actlwty undertaken to influence the passage, defeat or final content of legislation B None of the performance rendered hereunder shall ~nvolve, and no pomon of the funds received by CONTRACTOR hereunder shall be used for or apphed d~rectly or indirectly to the construction, operation, maintenance or admlmstratlon, or be utthzed so as to benefit m any manner any sectarian or religious faclhty or activity 22. PUBLICITY A Where such action m appropriate, CONTRACTOR shall pubhmze the actlwt~es conducted by CONTRACTOR under this Agreement In any news release, sign, brochure, or other advertising medium, disseminating ~nformatlon prepared or distributed by or for CONTRACTOR, mention shall be made of the U S Department of Housing and Urban Development's Commumty Development Block Grant Program funding through the City of Denton having made the project possible B All pubhshed material and written reports submitted under this project must be originally developed material unless otherwise specifically provided m this Agreement When material not originally developed is meluded in a report, the report shall identify the source in the body of the report or by footnote This provision is apphcable when the material is in a verbatim or extensive paraphrase format All published material submitted under th~s project shall include the following reference on the front cover or tide page Th~s document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development C All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inqumes, correspondence 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 as prepanng or submitting any application for funding m accordance w~th 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 notify CITY of such award and the effect, af any, of such funding on the funds and program(s) contracted hereunder Such not,ce shall be submitted to CITY, m writing, wlttun 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 directly or indirectly, as a contribution, or to prepare appheatIons to obtain any federal or private funds under any federal or private program without the prior written consent of CITY 24 CHANGES AND AMENDMENTS A Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used B CONTRACTOR may not make transfers between or among approved line-items w~thln budget categories set forth m Exhibit B without pnor written approval of CITY CONTRACTOR shall request, in writing, the budget rewslon ~n a form prescribed by CITY, and such request for remsxon shall not increase the total monetary obligation of CITY under this Agreement In addition, budget revisions cannot s~gmficantly change the nature, intent, or scope of the program funded under this Agreement C CONTRACTOR will submit rewsed budget and program mformat~on, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B D It xs understood and agreed by the parties hereto that changes ~n the State, Federal or local laws or regulations pursuant hereto may occur dunng the term of this Agreement Any such modfficat~0ns are to be automatically incorporated tnto th~s Agreement w~thout wntten amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation E CITY may, from t~me to time during the term of the Agreement, request changes ~n Exhibit A whmh may include an increase or decreased m the amount of CONTRACTOR's compensation Such changes shall be incorporated ~n a written amendment hereto, as provided ~n Subsection A of thts Section F Any alteratxons, deletton, or additions to the Contract Budget Detml incorporated in Exhibit B shall reqmre the prior written approval of CITY G CONTRACTOR agrees to not~fy CITY of any proposed change ~n physmal location for work performed under tlus 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 is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among smd programs will be permitted 25. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, t~me conditions and duties provided herein, CITY, w~thout hm~tlng any rights it may othervose have, may, at ~ts d~scretmn, and upon ten working days written notice to CONTRACTOR, w~thhold further payments to CONTRACTOR Such notice may be given by mall to the Executive Officer and the Board of D~rectors of CONTRACTOR The not,ce shall set forth the default of fmlure alleged, and the action required for cure The period of such suspension shall be of such duration as lS appropnate to accomplish corrective actmn, but in no event shall it exceed 30 calendar days At the end of the suspension period, if CITY determines the default of deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and pard all eligible funds withheld or impounded dunng the suspension period If however, CITY determines that CONTRACTOR has not come into compliance, the prowslons of Section 26 may be effectuated 26. TERMINATION A CITY may terminate this Agreement with cause for any of the following reasons (1) CONTRACTOR's failure to attain compliance during any prescnbed 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) ~s in such unsatisfactory financial condition as to endanger performance under this Agreement, (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements, (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business (5) Appointment of a trustee, receiver or hquldator for all or substantial part of CONTRACTOR's property, or restitution of bankruptcy, reorgamzatlon, rearrangement of or hqmdation proceechngs by or against CONTRACTOR (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 24(D), of this Agreement (7) The commission of an act of bankruptcy (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement CITY shall promptly notify CONTRACTOR m writing of the decision to tenmnate and the effective date of termination Simultaneous notice of pending termination maybe made to other funding source specified m Exhibit B B CITY may terminate this Agreement for convenience at any time If this Agreement is terminated by CITY for convenience, CONTRACTOR will be prod an mount not to exceed the total of accrued expenditures as of the effective date of termination In no event will this compensation exceed an mount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made C CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termmataon of outside funding occurs upon which CONTRACTOR depends for performance hereunder CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, prowded the termination by the outside funchng source was not occasioned by a breach of contract as defined herein or as defined m a contract between CONTRACTOR and the funding source in question CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement D Upon receipt of notice to tenmnate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts which relate to the performance of tlus Agreement CITY shall not be hable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date E Notwlthstanchng any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR ~s agreed upon or otherwise determined 27 NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notme thereof to CITY wltlun two working days after being notified of such chum, demand, stat or other action Such notice shall state the date and hour of notffication of any such clmm, demand, stat or other action, the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding, the basis of such chum, action or proceeding, and the name of any person(s) agmnst whom such claim is being made or threatened Such written notice shall be delivered either personally or by mad 28. INDEMNIFICATION A It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR 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 in part ~om the performance or omission of any employee, agent or representative 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 contractors. 29 MISCELLANEOUS A CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any cltum ansmg thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY B If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remmmng,pmvlslons 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 fadure of CITY to resist m any one or more instances upon the terms and conditions of flus Agreement constitute or be construed m any way to be a wmver 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 ~mpmr or prejudice any right, power, pnvdege, or remedy avmlable to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved No representative or agent of CITY may waive the effect of this provision D Ttus Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding 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 ocenmng dunng the term of this Agreement, or subsequent thereto, have any legal, force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement E In the event any disagreement or dispute should arise between the parties hereto pertmmng to the interpretation or meamng of any part of this Agreement or its governing roles, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of ¢omphance, will have the final anthonty to render or to secure an interpretation F For purposes of tlus Agreement, all official commtm~catlons 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 Hope, Ine 215 E McKanney St P O Box 50946 Denton, Texas 76201 Denton, Texas 76206 G This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any htlgat~on concerning this Agreement shall be in a court competent junsdxct~on sitting in Denton County, Texas ^ 1N WITNESS. OF WHICH this Agreement has been executed on this the ~,~ ~/~day of ~Jg4_fl .1999 CITY OF DENTON MI~I-IX~L ~ )EZ~ MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY App~ A~S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY HOPE, INC ATTEST BOARD SECRETARY City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 1999-2000 Maximum Income Levels Family Moderate Income Low Income Very Low Income Extremely Low Income Size 80% - 66% AMI 65¥8 - 5t % 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 or Below 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 Departmentof Housing and Urban DeveLopment Effective October 1~ 1999 EXHIBIT "A" WORK STATEMENT HOPE, Inc 30-90 DAY CLIENT ASSISTANCE PROGRAM The program will provide assistance to famlhes who are homeless or potentially homeless, and who have the desire and ability to estabhsh self-rehance The funding requested will prowde rent, utthty, and food to client famthes for a period of 30 - 90 days The case manager will meet w~th the chent famthes on a weekly basis to assist w~th defining goals, budget skills, assessment of job skills and educational needs, and commumty referral Hope, Inc v~ll momtor expense, receipts, mcome, and attempts to move toward stated goals It is anticipated that ehent famthes will be able to move ~nto permanent housing and to have the ability, aider program assistance, to maintain permanent housing TRANSITIONAL HOUSING PROGRAM The purpose of the project ~s to assist families who are documented under HUD guidelines as homeless, toward estabhsh~ng and mmntmmng self-sufficiency The funthng requested would provide rent and utility assistance, and llrmted other financial aid, as determined by the needs of the transitional housing families The trans~tlonal housmg program would ma~ntmn up to five famlhes at a t~me, and rent and utthty assistance would be for a period of 12 to 24 months HOPE will assist the transitional housing famthes with assessment of educational or vocational skills and trmmng, w~th budget skills, v~th job search skills, and w~th counsehng or other socml services will also momtor on a weekly bas~s records of expenses incurred, receipts, and proof of family ~ncome It ~s anticipated that chent families who are in the transitional housing program will be able, after the one or two year assistance period, to improve their s~tuatlon enough to be able to afford decent, safe, and sanitary housmg w~thout the need for rental assistance and continuing emergency a~de from Denton agencies EXHIBIT "B" PROJECT BUDGET Transition Houslne Pro~ram Personnel Costs, Client Services $25,000 00 Case management up to 20 hours per week Rent, Utilities, and other Fmancml Aid 30-90 Day Client Assistance Proeram Support of Client Famdxes, 30-90 Days $5,000 00 Ront, Utflltxes, Food