1998-341 O ,NANCENO
AN 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 # 2230 - SELF
SUFFICIENCY PROORAM AWARDED TO HOPE, INC IN THE AMOUNT OF $30,000 00)
WHEREAS, the C~ty has sohmted, recmved and tabulated compet~tave bids for the purchase
of necessary materials, eqmpment, supphes or servmes ~n accordance w~th the procedures of STATE
law and C~ty ordinances, and
WHEREAS, the City Manager or a desxgnated employee has reviewed and recommended
that the herem described bids are the lowest responsible Nds for the materials, eqmpment, supplies
or services as shown m the "Bid Proposals" submitted therefore, and
WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supphes or serwcas approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for materials, eqmpment, supphes, or
servmes, described m the "Bxd Proposals" on file xn the office of C~ty's Purchasing Agent filed
accordxng,to the Nd number asmgned hereto, are hereby accepted and approved as being the lowest
responmble Nds for such xtems
BD ITEM
~JMBER NO CONTRACTOR AMOUNT
2230 ALL HOPE, INC $30,000.00
SECTION II That the acceptance and approval of the above competitive Nds, the C~ty
accepts the offer of the persons submitting the Nds for such ~tems and agrees to purchase the
materials, eqmpment, supphes or serrates m accordance w~th the terms, specfficatlons, standards,
quantities,and for the specffied sums contained m the B~d Inwtat~ons, B~d Proposals, and related
documents
SECTION III That the C~ty and persons submitting approved and accepted ~tems and of the
submitted Nds w~sh to enter mto a formal written agreement as a result of the acceptance, approval,
and awarchng of the Nds, the C~ty Manager or hm designated representative m hereby authorized to
execute the written contracts whmh shall be attached hereto, prowded that the written contract is m
accordance w~th the terms, cond~tmns, specfficat~ons, standards, quantities and spemfied sums
contamed,m the B~d Proposal and related documents hereto approved and accepted
SECTION IV That by the acceptance and approval of the above competit~ve 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 xmmechately upon its passage and
approval
PASSED AND APPROVED this the ~ 0~/~'/day of ~ff~.~J} ,1998
JAC~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2230 HOPE INC CONTRACT ORDINANCE
1998 - 1999
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON
AND HOPE, INC
(Bid # 2230)
This 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,
hereinafter referred to as CITY, and HOPE Inc, P O Box 50946, Denton, Texas 76206, 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, and
WHEREAS, CITY has adopted a budget for such funds and included therein an
anthonzed budget for expenditure of funds for assistance to homeless and potentially homeless
families, and
WHEREAS, CITY has designated the Community Development Office as the division
responsible for the admlmstratlon of this Agreement and all matters pertalmng thereto, and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the pames hereto agree, and by the execution hereof are bound to
the mutual obhgatlons and to the performance and accomplishment of the conditions herelnafier
described
I.
TERM
This Agreement shall commence on or as of October l, 1998, and shall termmate on
September 30, 1999, unless sooner termmated an accordance with Section XXVI "Termination"
II.
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all services and
activities described in the Work Statement attached hereto as Exhthlt A, in a satisfactory and
efficient manner as determined by CITY, in accordance with the terms herein CITY will
consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible
for the management of all contractual matters pertaining hereto, unless wnttan notification 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 admlmstratlon of this Agreement
IlL
CITY'S OBLIGATION
A. Limit of Liabdity 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 obhgations made or
incurred by CITY hereunder shall not exceed the sum of $30,000
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 thlS Section and Section VII of this 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 habdmes under this Agreement If adequate
funds are not avmlable to make payments under this Agreement, CITY shall notify
CONTRACTOR In writing w~thm a reasonable t~me after such fact has been determined
CITY may, at 1ts option, either reduce the amount of~ts habfllty, as specified in
Subsection A ofthas Section or terminate the Agreement IfCDBG funds eligible 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 momes or credits of the C~ty of Denton
(3) CITY shall not be liable for any cost or portion thereof which
(a) has been paid, reimbursed or ~s subj eot to payment or reimbursement,
from any other source,
(b) was incurred prior to the beginning date, or after the ending date
specified in Section I,
(c) is not ~n strict accordance with the terms of thls Agreement, including
all exlub~ts attached hereto,
(d) has not been billed to CITY within ninety (90) calendar days following
billing to CONTRACTOR, or termination of the Agreement, whichever
date is earlier, or
(e) is not an allowable cost as defined by Section XI of this Agreement or
the project budget
(4) CITY shall not be hable for any cost or port~on thereof which is ~ncurred with
respect to any actlwty of CONTRACTOR requmng prior written authorization 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
proceed
(5) CITY shall not be obhgated or hable under th~s Agreement to any party other
than CONTRACTOR for payment of any momes or prowslon of any goods or services
IV
COMPLIANCE WITIt FEDERAL, STATE and LOCAL LAWS
A CONTRACTOR understands that funds provided to it pursuant to this Agreement are
funds which have been made avanlable to CITY by the Federal Government (U S Department of
Housing and Urban Development) under the Housing and Commumty Development Act of
1974, as amended, m accordance with an approved Grant Application and specific assurances
Accordingly, CONTRACTOR assures and certifies that ~t wall comply with the requirements of
the Housing and Commumty Development Act of 1974 (P L 93-383) as amended and with
regulations promulgated thereunder, and codified at 24 CFR 570 The foregoing is in no way
meant to constitute a complete compilation of all duties ~mposed upon CONTRACTOR by law
or admlmstrat~ve ruling, or to narrow the standards which CONTRACTOR must follow
CONTKACTOR further accrues and certifies that ~f the regulations and ~ssuances
promulgated pursuant to the Act are amended or rewsed, it shall comply with them, or not~fy
CITY, as prowded ~n Section XXIV of th~s Agreement
CONTRACTOR agrees to ab~de by the conditions of and comply w~th the reqmrements
of the Office of Management and Budget C~rculars Nos A-110 and A-122
B CONTRACTOR shall comply w~th all applicable federal laws, laws of the State of
Texas and ordinances of the C~ty of Denton
V.
REPRESENTATIONS
A CONTRACTOR assures and guarantees that ~t possesses the legal authority, pursuant
to any proper, appropriate and official motion, resolution or action passed or taken, to enter ~nto
th~s Agreement
B The person or persons s~gumg and executing th~s Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully
authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to
vahdly and legally bind CONTRACTOR to all terms, performances and provisions hereto set
forth
C CITY shall have the right, at ats optaon, to eather temporanly suspend or permanently
terminate thas Agreement ff there as a daspute as to the legal authonty of eather CONTRACTOR
or the person sagmng the Agreement to enter into this Agreement CONTRACTOR is hable to
CITY for any money it has received from CITY for performance of the provlsaons of this
Agreement ff CITY has suspended or termanated thas Agreement for the reasons enumerated m
this Section
D CONTRACTOR agrees that the funds and resources prowded CONTRACTOR under
the terms of tlus Agreement will m no way be substatuted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits whmh would
have been available to, or provided through, CONTRACTOR had this Agreement not been
executed
VI.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will prowde, oversee, admlmster, and carry out all of the actawtles and
services set out m the WORK STATEMENT, attached hereto and incorporated herean for all
purposes as Exhibit A, utdlzlng the funds described m Exhthlt B, attached hereto and
incorporated hereto for all purposes and deemed by both parties to be necessary and sufficient
payment for full and satasfactory performance of the program, as determined solely by CITY and
in accordance w~th all other terms, prowslons and requirements of thas Agreement
No modfficataons or alterations may be made in the Work Statement without the prior
written approval of the City's Commtmlty Development Administrator
VII.
PAYMENTS TO CONTRACTOR
A. Payments to Contractor The CITY shall pay to the CONTRACTOR a maxamum
amount of money totahng $30,000 for servmes rendered under this Agreement CITY wall pay
these funds on a reimbursement basas to the CONTRACTOR within twenty days after CITY has
received supportmg documentataon CONTRACTOR's fmlure to request reimbursement on a
tamely bas~s may jeopardize present or future funding
Funds are to be used for the sole purpose of providing assistance to homeless and
potentaally homeless famthes
B. Excess Payment. CONTRACTOR shall refund to CITY wathan ten (10) working days
of CITY's request, any sum of money which has been prod by CITY and whmh CITY at any
tame thereafter determines
(1) has resulted m overpayment to CONTRACTOR, or
(2) has not been spent strictly an accordance with the terms of this Agreement, or
(3) is not supported by adequate documentataon to fully justafy the expenditure
C. Disallowed Costs. Upon terminated of th~s Agreement, should any expense or change
for wfuch,payment has been made be subsequently dmallowed or dtsapproved as a result of any
auditing or momtonng by CITY, the Department of Housing and Urban Development, or any
other Federal agency, CONTRACTOR wtll refund such amount to CITY w~tfun ten (10)
working days of a written not~ee to CONTRACTOR, whmh spemfies the amount d~sallowed
Refunds of d~sallowed costs may not be made from these or any funds received from or
through CITY
D Deobhgat~on of Funds. In the event that actual expendtture rates devmte from
CONTRACTOR's prowsmn of a correspund~ng level of performance, as spemfied m Exlub~t A,
CITY hereby reserves the right to reappropnate or recapture any such underexpended 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 mvmce
requesting reimbursement of fimds under tfus Agreement, wtthtn fifteen (15) working days
followmg the close of the Agreement period CONTRACTOR shall utd~ze the form agreed upon
by CITY and CONTRACTOR
VIII
WARRANTIES
CONTRACTOR represents and warrants that
A All ~nformat~on, reports and data heretofore or hereafter requested by CITY and
furnished to CITY, are complete and accurate as of the date shown on the tnformat~on, data, or
report, and, since that date, have not undergone any stgmficant change w~thout written notme to
CITY
B Any supporting financml statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financml condition of CONTRACTOR on the
date shown on smd report, and the results of the operatton for the period covered by the report,
and that since smd date, there has been no material change, adverse or otherwise, ~n the financtal
condition of CONTRACTOR
C No litigation or legal proceedings are presently pending or threatened agmnst
CONTRACTOR
D, None of the provisions hemm contravenes or ts ~n conflict w~th the authority under
which CONTRACTOR ~s domg business or with the prowmons of any ex~st~ng ~ndenture or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter ~nto th~s Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of tfus 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
furnished by CONTRACTOR to CITY
Each of these representations and warranties shall be cont~nmng and shall be deemed to
have been repeated by the subnusslon of each request for payment
IX.
COVENANTS
A Dunng the period of time that payment may be made hereunder and so long as any
payments remmn unllqmdated, CONTRACTOR shall not, w~thout the prior written consent of
the Community Development Adm~mstrator or her authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of CONTRACTOR now owned or hereafter acqmred by ~t, or permit any pre-
existing mortgages, liens, 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 which CITY has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise d~spose of accounts receivables,
notes or clatms for money due or to become due
(3) Sell, convey, or lease all or substantial part of~ts assets
(4) Make any advance or loan to, or ~ncur any habdlty for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any eqmpment or Item of personal property
purchased with funds prod to CONTRACTOR by CITY, unless CITY authorizes such
transfer
B Should CONTRACTOR use funds received under this Agreement to acqmre or
~mprove real property under CONTRACTOR's control, CONTRACTOR agrees and covenants
(1) That the property shall be used to meet one of the national object~ves stated ~n
24 CFR 570 until August 31, 2006
(2) That should CONTRACTOR transfer or otherwise dispose of smd property on
or before August 31, 2006, CONTRACTOR shall reimburse CITY ~n the amount of the
fair market value of th~s property less any pomon of the value atmbutable to expenditures
ofnon-CDBG funds for acqmslt~on 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 Community Development Office
X
ALLOWABLE COSTS
A Costs shall be considered allowable only if incurred directly specifically in the
performance of and in comphanee with this Agreement and in conformance with the standards
and provisions of Exhibits 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 authonzatlon is
required m 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 specified m Exhibit B
(2) CITY shall not be obligated to any third parties, lncluthng 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 m which the activities
specified m Exhibit A are conducted
(5) Any alterations, deletions or additions to the Personnel Schedule incorporated
m Exhibit B
(6) Costs or fees for temporary employees or services
(7) Any fees or payments for consultant services
(8) Fees for attending out of town meetings, seminars or conferences
Written requests for prior approval are CONTRACTOR's responsibility and shall be
made within sufficient time to permit a thorough review by CITY CONTRACTOR must obtain
written approval by CITY prior to the commencement of procedures to solicit or purchase
services, equipment, or real or personal property Any procurement or purchase which may be
approved under the terms of this Agreement must be conducted in its entirety m accordance with
the provisions of this Agreement
XI
PROGRAM INCOME
A For purposes of this Agreement, program income means earnings of CONTRACTOR
realized from activities resulting from this Agreement or from CONTRACTOR's management of
funding provided or received hereunder Such earnings include, but are not limited to, income
from interest, usage or rental or lease fees, income produced fi'om contract-supported services of
~ndav~duals or employees or from the use or sale of eqmpment or fac~ht~es of CONTRACTOR
prowded as a result ofth~s Agreement, and payments from chents or tfurd part, es for servmes
rendered by CONTRACTOR under th~s Agreement
B CONTRACTOR shall mmntaln records of the receipt and d~sposlt~on of program
~ncome an the same manner as reqmred for other contract funds, and reported to CITY ~n the
format prescribed by CITY CITY and CONTRACTOR agree, based upon adwce receaved from
representatives of the U S Department of Housing and Urban Development (HUD), that any fees
collected for servmes performed by CONTRACTOR shall be spent only for servme provlsmn
These fees or other program income will be deducted from the regular reambursement request
C CONTRACTOR shall include th~s Section ~n ~ts entirety ~n all of~ts sub-contracts
whtch ~nvolve other income-producing servmes or actlwtles
D It ~s CONTRACTOR'S responslbd~ty to obttun from CITY a prior determ~nataon as to
whether or not income arising d~rectly or ~nd~rectly from th~s Agreement, or the performance
thereof, constatutes program ancome CONTRACTOR is responsible to CITY for the repayment
of any and all amounts determined by CITY to be program ~ncome, unless otherwise approved ~n
writing by CITY
XII.
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to maintain records that wall promde accurate, current,
separate, and complete dmclosure of the status of the funds received under tfus Agreement, ~n
comphance w~th the prows~ons of Exhth~t B, attached hereto, and with any other apphcable
Federal and State regulations estabhshlng standards for finanmal management
CONTRACTOR's record system shall contmn sufficient documentataon to provide ~n detml full
support atad justfficataon for each expenditure Notlung ~n th~s Section shall be construed to
reheve CONTRACTOR of fiscal accotmtabthty and hablhty under any other prows~on of thru
Agreement or any apphcable law CONTRACTOR shall include the substance ofth~s prows~on
m all subcontracts
B CONTRACTOR agrees to retmn all books, records, documents, reports, and written
accounting procedures pertalnmg to the operation of programs and expenditures of funds under
th~s Agreement for the period of time and under the condmons specafied by CITY
C Nothing m the above subsections shall be construed to reheve CONTRACTOR of
responsthdlty for retmmng accurate and current records whmh clearly reflect the level and benefit
of servmes prowded under th~s Agreement
D At any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make avmlable to CITY, HUD, or any of their authorized representatives,
all of ats records and shall permit CITY, HUD, or any of their authorized representatives to audit,
examine, make excerpts and eop~es of such records, and to conduct audats of all contracts,
invoices, materials, payrolls, records of personnel, conditions or employment and all other data
requested by smd representataves
XIII
REPORTS AND INFORMATION
At such times and in 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 this Agreement
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less
than once each three months The beneficiary report shall detail client information, including
race, income, female head of household and other statistics required by CITY The financial
report shall include reformation and data relative to all programmatic and financial reporting as
of the begmmng date specified in Section I of thru Agreement
Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit
an audit conducted by independent exammers with ten (10) days after receipt of such
XIVo
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 monitonng and evaluation activities
to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
ObJectives, which are attached hereto as Exhibit A, as well as other provisions of this
Agreement
C CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and maintenance of record-keeping systems and to provide data determined by
CITY to be necessary for CITY to effectively fulfill its momtonng and evaluation
responsiblhttes
D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY
in such monltonng and to designate one of its staff to coordinate the momtonng process as
requested by CITY staff
E After each official momtormg visit, CITY shall provide CONTRACTOR with a
written report of momtonng 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
XV.
DIRECTORS' MEETINGS
Dunng the terms ofth~s Agreement, CONTRACTOR shall cause to be dehvered to CITY
copies of all not~ces of meetings of~ts Board of Directors, setting forth the time and place
thereof Such notice shall be delivered to CITY ~n a timely manner to give adequate not~ce, and
shall ~nclude 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 govermng body shall be avmlable to CITY
w~thin ten (10) working days of approval
XVI
INSURANCE
A CONTRACTOR shall observe sound business practices w~th respect to prowdlng such
bonding and insurance as would prowde adequate coverage for services offered under this
Agreement
B The premises on and in which the actlwtles dascnbed in Exhibit A are conducted, and
the employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage w~th CITY named as an additional ~nsured
Upon request of CONTRACTOR, CITY may, at ~ts sole d~scretlon, approve altemate insurance
coverage arrangements
C CONTRACTOR will comply with applicable workers' compensation statues and will
obtmn employers'habthty coverage where avmlable and other appropriate hab~hty coverage for
program participants, if applicable
D CONTRACTOR will mmntmn adequate and continuous liability insurance 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 dnver's hcense and automobile hab~hty insurance Ewdence of the employee's
current possession of a valid hcense and insurance must be mmntmned on a current basis ~n
CONTRACTOR's files
E Actual losses not covered by insurance as required by this Section are not allowable
costs under th~s Agreement, and remmn the sole mspons~bd~ty of CONTRACTOR
F The pohcy or pohmes of insurance shall contmn a clause which requires that City and
Contractor be notffied xn writing of any cancellation of change in the pohcy at least thirty (30)
days prior to such change or cancellatxon
XVII.
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval, a written plan for compliance with
the Equal Employment and Affirmative Action Federal provisions, within thirty (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 reformation 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
requirements, CITY may cancel or terminate the Agreement in whole or in part, and
CONTRACTOR may be barred fi.om further contracts with CITY
XVIII.
PERSONNEL POLICIES
Personnel poheles shall be established by CONTRACTOR and shall be available for
examination Such personnel policies shall
A Be no more liberal than CITY's personnel pohcles, procedures, and practices,
including 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 in writing and shall be approved by the governing body of CONTRACTOR and by
CITY
XIX.
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither it nor any member of its governmg body
presently ,has any interest, direct or indirect, wluch would conflict in any manner or degree with
the performance of servmes required to be performed under this Agreement CONTRACTOR
further covenants that in the performance of this Agreement, no person having 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 interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private gmn for himself, or others,
particularly those with which he has family, business, or other ties
C No officer, member, or employee of CITY and no member of its governing body who
exemlses any function or responslblhtles in the review or approval of the undertaking or carrying
out of this Agreement shall (1) participate m any decision relating to the Agreement which
affects IS personal interest or the Interest in any corporation, partnership, or association in which
he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Agreement or
the proceeds thereof
XX.
NEPOTISM
CONTRACTOR shall not employ in any pad capacity any person who is a member of
the immediate family of any person who is currently employed by CONTRACTOR, or is a
member of CONTRACTOR's governing board The term "member of immediate family"
includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle,
nephew, mece, step-parent, step-child, half-brother and half-sister
XXI
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
political activity (including, but not limited to, an activity to further the election or defeat of any
candidate for public office) or any activity undertaken to influence the passage, defeat or final
content of legislation
B None of the performance rendered hereunder shall involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the
construction, operation, mmntenance or administration, or be utilized so as to benefit in any
manner any sectarian or religious facility or activity
XXII
PUBLICITY
A Where such action is appropriate, CONTRACTOR shall publicize the activities
conducted by CONTRACTOR under this Agreement In any news release, sign, brochure, or
other advertising medium, disseminating information 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 published matenal and written reports submitted under this project must be
originally developed matenal unless otherwise specifically provided in this Agreement When
material not onglnally developed is included in a report, the report shall identify the source in 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 this project shall include the following reference
on the fi'ont cover or title page
This document is prepared m accordance with the C~ty 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 basra proposal, or contracts and any responses, inquiries,
correspondence and related material submitted by CONTRACTOR shall become the property of
CITY upon receipt
XXIII
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is prepanng or
submitting any application for funding m accordance with the following procedures
A When the apphcatlon is ~n the planning stages, CONTRACTOR shall submit to CITY
a description of the funds being apphed 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, if any, of such funding on the funds and program(s)
contracted hereunder Such notice shall be submitted to CITY, in writing, w~thm ten (10)
working days of receipt of the notice of award or funding award by CONTRACTOR, together
w~th copies of the budget, program descnptlon, and Agreement
C CONTRACTOR shall not use funds prowded hereunder, whether d~rectly or
indirectly, as a contribution, or to prepare applications to obtmn any federal or private funds
under any federal or private program without the prior written consent of CITY
XXIV
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of thru Agreement shall be by
written amendment executed by both parties, except when the terms ofth~s Agreement expressly
provide that another method shall be used
B CONTRACTOR may not m0ke transfers between or among approved hneqtems
w~thln budget categories set forth ~n Exhibit B without prior written approval of CITY
CONTRACTOR shall request, ~n writing, the budget revision ~n a form prescribed by CITY, and
such request for revm~on shall not increase the total monetary obligation of CITY under this
Agreement In addition, budget revisions cannot slgmficantly change the nature, intent, or scope
of thc program funded under this Agreement
C CONTRACTOR will submit revised budget and program ~nformation, whenever the
level of funding for CONTRACTOR or the program(s) described hereto ~s altered according to
the total levels contained m any portion of Exhibit B
D It is 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 of this Agreement Any such
modifications are to be automatically incorporated into this Agreement without written
amendment hereto, and shall become a part of the Agreement on the effective date specified by
the law or regulation
E CITY may, from time to time dunng the term of the Agreement, request changes in
Exhthlt A winch may include an increase or decreased in the amount of CONTRACTOR's
compensation Such changes shall be incorporated in a written amendment hereto, as provided in
Subsection A ofttus Section
F Any alterations, deletion, or additions to the Contract Budget Detml incorporated in
Exhibit B shall require the prior written approval of CITY
G CONTRACTOR agrees to notify CITY of any proposed change in physical location
for work performed under this Agreement at least thirty (30) calendar days in advance of the
change
H CONTRACTOR shall notify CITY of any changes in 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
XXV.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly
perform each of the requirements, time eundltlons and duties provided herein, CITY, without
limiting any rights It may otherwise have, may, at its discretion, and upon ten (10) 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 notice shall set forth the default of 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 thirty (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 paid all eligible funds withheld or
impounded dunng the suspension permd If however, CITY determines that CONTRACTOR has
not come Into comphanee, the provisions of SECTION XXVI may be effectuated
TERMINATION
A CITY may terminate this Agreement w~th cause for any of the following reasons
(1) CONTRACTOR's fmlure to attmn comphance dunng any prescribed period of
suspension as prowded in Section XXV
(2) CONTRACTOR's violat~on of covenants, agreements or guarantees of this
Agreement
(3) Termination or reduction of funding by the Umted States Department of
Housing and Urban Development
(4) Finding by CITY that CONTRACTOR
(a) ~s ~n such unsatisfactory finanmal condition as to endanger
performance under this Agreement,
(b) has allocated inventory to this Agreement substantially exceeding
reasonable requirements,
(c) ~s dehnquent in payment of taxes, or of costs of performance of th~s
Agreement m the ordinary course ofbusmess
(5) Appointment of a trustee, receiver or hqmdator for all or substantml part of
CONTRACTOR's property, or restitution of bankruptcy, reorgamzat~on, rearrangement
of or hqmdat~on proceedings by or agmnst CONTRACTOR
(6) CONTRACTOR's mabthty to conform to changes reqmred by Federal, State
and local laws or regulations as prowded m Section IV, and Section XXIV (D), of this
Agreement
(7) The commission of an act of bankruptcy
(8) CONTRACTOR's violation of any law or regulatmn to which
CONTRACTOR is bound or shall be bound under the terms of the Agreement
CITY shall promptly notify CONTRACTOR m writing of the dec~slon to terminate and
the effective date of termination S~multaneous notice of pending termination maybe made to
other funding source specified in Exhibit B
B CITY may terminate th~s Agreement for convenience at any t~me Ifth~s Agreement ~s
terminated by CITY for convenience, CONTRACTOR will be prod an amount not to exceed the
total of accrued expenditures as of the effective date of termination In no event w~ll th~s
compensation exceed an amount wbaeh 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 termmate this Agreement in whole or in part by written notice to
CITY, if a termination 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, provided the termination by the
outside funding source was not occasioned by a breach of contract as defined herem or as defined
in a contract between CONTRACTOR and the funding source in questaon
CONTRACTOR may terminate this Agreement upon the dissolution of
CONTRACTOR's organization not occasioned by a breach of thas Agreement
D Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or
otherwise terminate any outstanding orders or subcontracts which relate to the performance of
this Agreement CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for
any expenses, encumbrances or obligations whatsoever incurred after the termination date
E Notwithstanding 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 as agreed upon or otherwise determined
XXVII.
NOTIFICATION OF ACTION BROUGHT
In the event that any clmm, demand, suit or other action is made or brought by any
person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written notice thereof to CITY w~thln two (2) working days after being notffied of such claim,
demand, 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), firm, corporation
or other entity making such claim, or that instituted or threatened to institute any type of action
or proceechng, the basis of such clmm, 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
either personally or by mml
XXVIII
INDEMNIFICATION
A. It is expressly understood and agreed by both partaes 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 llablhty of any nature or kind, including costs and expenses for, or on aeeonnt of,
any claims, audit exceptions, demands, suits or damages of any character whatsoever
resulting m whole or in part from the performance or omission of any employee, agent or
representative of CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to mdemmfy 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 lmplementatmn except to
the extent, caused by the willful act or omission of CITY, its agents, employees, or
contractors.
XXIX
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assign th~s Agreement or any
~ntcrest therein, or any clmm arising thereunder, to any party or parties, bank, trust company or
other finanmal ~nstltutlon without the prior written approval of CITY
B If any provision of th~s Agreement is held to be lnvahd, ~llcgal, or unenforceable, the
remaunng prowslons shall remain ~n 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
failure of CITY to ms,st in any one or more ~nstances upon the terms and conchtmns of th~s
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 lmpmr or prejudice any right, power,
pnvdege, or remedy available to CITY to enforce tts rights hereunder, which rights, powers,
pnwleges, or remedies are always specifically preserved No representative or agent of CITY
may waive the effect of this prowsmn
D This Agreement, together wtth referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding or other commitment antecedent to thru Agreement, whether written or oral, shall
have no force or effect whatsoever, nor shall an agreement, assemon, statement, understanding,
or other commitment occturnng dunng the term of th~s Agreement, or subsequent thereto, have
any legal force or effect whatsoever, unless properly executed m writing, and if appropriate,
recorded as an amendment oftlus Agreement
E In the event any disagreement or dispute should arise between the part, es hereto
pertmnmg to the interpretation or meamng of any part of this Agreement or ~ts govemmg rules,
codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for
matters of compliance, will have the final anthonty to render or to secure an interpretation
F For purposes of this Agreement, all official communications and notmes among the
part,es shall be deemed made if sent postage prod to the part,es and address set forth below
TO CITY TO CONTRACTOR
City Manager Director
City of Denton HOPE, Inc
215 E McKanney St P O Box 50946
Denton, Texas 76201 Denton, Texas 76206
G Th~s Agreement shall be ~nterpreted ~n accordance wgh the laws of the State of Texas
and venue of any ht~gatlon concerning th~s Agreement shall be in a court competent jurisdiction
sitting in Denton County, Texas
~9~oV~ff~ESS OF ~W1919C8H th~s Agreement has been executed on th~s the r~tT~/~ dayof
ATTEST
JENNIFER WALTERS, CITY SECRETARY
'-~
APPI~)VED AS TO LEGAL FORM
HERBERT L PROUTY, C~ITY ATTOI~IEY
.omE~c~ / t ,
EXECUTIVE D~RECTOR
ATTEST
BOARD SECRETARY
City of Denton - Commumty Development Division
Quahfying Income Limits for Federally Assisted Programs
FY 1998-99
Maximum income Levels
Famdy Moderate income Low Income Very Low income Extremely Low Income
Size 80% - 66% AMI 65% - 51% AMI 50% - 31% AMI 30% & Below AMI
1 $30,450- $24,751 $24,750 - $19,051$19,050 - $11,401 $11,400 or Below
2 $34,800 - $28,301 $28,300 - $21,751$21,750 - $13,051 $13,050 or Below
3 $39,150 - $31,851 $31,850 - $24,501$24,500 - $14,701 $14,700 or Below
4 $43,500 - $35,351 $35,350 - $27,201$27,200 - $16,301 $16,300 or Below
5 $47,000 - $38,201 $38,200 - $29,401$29,400 - $17,651 $17,650 or Below
6 $50,500 - $41,001 $41,000 - $31,551$31,550 - $18,951 $18,950 or Below
7 $53,950 - $43,901 $43,900 - $33,751$33,750 - $20,251 $20,250 or Below
8 $57,450 - $46,651 $46,650 - $35,901$35,900 - $21,551 $21,550 or Below
Source U S Department of Housing and Urban Development
Effecttve October 1, 1998
EXHIBIT "A"
WORK STATEMENT
HOPE, INC
30-90 DAY CLIENT ASSISTANCE PROGRAM
The program provides assistance to famfltes who are homeless or potenttally homeless, and who
have the desrce and abthty to establish self-reliance The fundtng requested would provtde rent,
utility, and food to chent families for a penod of 30 - 90 days The case manager from HOPE, Inc
will meet with the chent famfltes on a weekly basts to assist with defmmg goals, budget skills,
assessment of job skills and educattonal needs, and commumty referral HOPE will momtor expense,
receipts, income, and attempts to move toward stated goals
It is antmlpated that chent famfltes will be able to move tnto permanent houstng and to have the
abthty, after program asststanee, to mmntmn permanent housing
TRANSITIONAL HOUSING PROGRAM
The purpose of the project ts to assist famlhes who are documented under HUD gmdelmes as
homeless, toward estabhshtng and mmntmnmg self-suffimency The funding requested would
provide rent and utfltty assistance, and limited other financial md, as determined by the needs of the
translttonal housmg families The transtttonal houmng program would mmntam up to five famlhes
at a time, and rent and utfltty asststance would be for a period of 12 to 24 months
HOPE, Inc will asstst the transitional housing famahes v~th assessment of educattonal or vocattonal
skills and trmnmg, with budget skills, wtth job search skills, and wtth counseling or other somal
servtces HOPE will also momtor on a weekly basis records of expenses incurred, reeetpts, and proof
of family income
It ts anticipated that client famfltes who are in the transitional housing program will be able, after
the one or two year asststance period, to improve their sttuatlon enough to be able to afford decent,
safe, mad samtary housmg without the need for rental assistance and contmmng emergency aide from
Denton agenmes
EXHIBIT "B"
HOPE rNC
PROJECT BUDGET
Transition Housing Program
Personnel Costs, Client Services $25,000
Case management up to 20 hours per week
Rent, UtthtleS, and other Financial Aid
30-90 Day Client Assistance Program
Support of Chent Famflms, 30-90 Days $5,000
Rent, Utflmes, Food