1997-270 ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the C~ty has sohclted, received and tabulated competitive Nds for the purchase
of necessary materials, eqmpment, supphes or services in accordance w~th the procedures of STATE
law and C~ty ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herem described bids are the lowest responsible bids for the materials, eqmpment, supphes
or services as shown m the "B~d Proposals" submitted therefore, and
WHEREAS, the C~ty Council has provided xn the C~ty Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECIIOkLI That the numbered items m the following numbered bids for materials,
eqmpment, supphes, or services, shown in the "B~d Proposals" attached hereto, are hereby accepted
and approved as being the lowest responmble bids for such ~tems
BID ITEM
NLIMFIER 25!2_ YENDOR AMOUNT
2098 ALL HOPE, 1NC $ 30,000 00
SECIiONJi That by the acceptance and approval of the above numbered ~tems of the
submxtted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, eqmpment, supphes or services in accordance with the terms,
spemficattons, standards, quantxtlas and for the specified sums contained in the Bid Inwtatlons, B~d
Proposals, and related documents
SECIIONiII That should the C~ty and persons submlttmg approved and accepted ~tems and
of the submitted bids w~sh to enter into a formal written agreement as a result of the acceptance,
approval, and awardmg of the bids, the City Manager or his designated representative ~s hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract ts in accordance w~th the terms, condltxons, specifications, standards, quantities and
specffied sums contained in the Bid Proposal and related documents here~n approved and accepted
SF_,CTJD3SJ~ That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance wtth the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this ~---'-~ day of ~/~ ~' , 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
DATE SEPTEMBER 9, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Assistant City Manager of Finance
SUBJECT BID # 2098 - SELF SUFFICIENCY PROGRAM
RECOMMF~NDATION: We recommend this bid be awarded to the s~ngle respondent, HOPE, Inc,
~n the amount of $30,000 00
SUMMARY: This bid is for provldmg services to homeless and potentially homeless m Denton who
can help themselves, and desire to do so, toward estabhsh~ng and mmntam~ng self-rehance and toward
becoming remtegrated as productive members of the commumty
Serwces include providing crisis management, verification and assistance w~th apphcat~on to the
Housing Authority for homeless or involuntary displaced persons, coordinate services for the entire
family, and assist in budget planning, goal setting and.lob search
PROGRAMS.. DEPARTMENTS OR GROUPS AFFECTED. HOPE, Inc, CDBG D~ws~on, and
Cmzens of Denton utilizing the program
FISCAL IMPACT: General Fund momes have been appropriated for th~s program
Account #100-051-015M-8967 $ 5,000 00
#219-05F-CDFF-8502 $25,000 00
Respectfully subuntted
Assistant C~ty Manager of Finance
Approved
Name Tom D Shaw, C P M
T~tle Purchasing Agent
925 AGENDA
3
1997 - 1998
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON
AND HOPE, INC.
Tbas Agreement rs made and entered into by and between the C~ty of Denton, a Texas
mtm~clpal corporation, acting by and through its C~ty 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 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 therein an
authorized budget for expenditure of funds for assistance to homeless and potentially homeless
families, and
WHEREAS, CITY has designated the Commumty Development Office as the d~v~slon
responsible for the admlmstrat~on of this Agreement and all matters pertmnlng thereto, and
WHEREAS, CITY washes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the parties hereto agree, and by the executmn hereof are bound to
the mutual obhgatlons and to the performance and accomphshment of the condit~ons hereinafter
described
I
TERM
This Agreement shall commence on or as of October 1, 1997, and shall terminate on
September 30, 1998, unless sooner terminated m accordance with Section XXVI "Termination"
II.
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all serwces and
actlwties described in the Work Statement attached hereto as Exhibit A, m a satisfactory and
efficient manner as determined by CITY, ~n accordance w~th the terms here~n CITY wall
consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible
for the management of all contractual matters pertmnmg hereto, unless written notfficat~on 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 th~s Agreement
III.
CITY'S OBLIGATION
A. Limit of Lmbihty. CITY will reimburse CONTRACTOR for expenses incurred
pursuant m 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 obhgatlons made or
meurred 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 hereto for all purposes as Exhibit B, subject to the
limitations and provisions set forth in this 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 habthties under this Agreement If adequate
funds are not available to make payments under this Agreement, CITY shall notify
CONTRACTOR in 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 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 monies or credits of the City of Denton
(3) CITY shall not be liable for any cost or portion thereof which
(a) has been prod, 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 I,
(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 mnety (90) calendar days following
billing to CONTRACTOR, or termination of the Agreement, whichever
date is earher, or
(e) is not an allowable cost as defined by Section XI of this Agreement or
the project budget
(4) CITY shall not be liable for any cost or portion thereof which is incurred with
respect to any activity of CONTRACTOR requiring prior written authonzanon form
CITY, or after CITY has requested that CONTRACTOR furnish data coneermng such
action prior to proceeding further, unless and until CITY advises CONTRACTOR to
proceed
(5) CITY shall not be obligated or liable under this Agreement to any party other
than CONTRACTOR for payment of any momes or provision of any goods or services
IV.
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A CONTRACTOR understands that funds provided to it pursuant to this Agreement are
funds which have been made avmlable to CITY by the Federal Government (U S Department of
Housing and Urban Development) under the Housing and Community Development Act of
1974, as amended, in accordance w~th an approved Grant Apphcatlon and specific assurances
Accordlrlgly, CONTRACTOR assures and cemfies that it will comply with the requirements of
the Housing and Commumty Development Act of 1974 (P L 93-383) as amended and vath
regulations promulgated thereunder, and codified at 24 CFR 570 The foregoing is in no way
meant tolconstitute a complete compilation of all duties imposed upon CONTRACTOR by law
or admimstranve mhng, or to narrow the standards which CONTRACTOR must follow
CONTRACTOR further accrues and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify
CITY, as provided in Section XXIV ofth~s Agreement
CONTRACTOR agrees to abide by the conditions of and comply with the requirements
of the Office of Management and Budget Circulars Nos A-110 and A-122
B CONTRACTOR shall comply with all applicable federal laws, laws of the State of
Texas and ordinances of the City of Denton
V.
REPRESENTATIONS
A CONTRACTOR assures and guarantees that a possesses the legal authority, pursuant
to any prOPer, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement
B The person or persons sigmng and executing this Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully
authorized by CONTRACTOR to execute flus Agreement on behalf of CONTRACTOR and to
validly and legally bind CONTRACTOR to all terms, performances and provisions herein set
forth
C CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate fins Agreement if there is a dispute as to the legal authority of either CONTRACTOR
or the person slgmng the Agreement to enter into this Agreement CONTRACTOR is liable to
CITY for any money tt has received from CITY for performance of the provisions of this
Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in
this Section
D CONTRACTOR agrees that the funds and resources provided CONTRACTOR under
the terms ofttus Agreement wall m no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which would
have been avmlable to, or provided through, CONTRACTOR had this Agreement not been
executed
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out all of the activities and
services set out m the WORK STATEMENT, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and
incorporated herein for all purposes and deemed by both parties to be necessary and sufficient
payment for full and satisfactory performance of the program, as determmed solely by CITY and
m accordance with all other terms, provisions and requirements of this Agreement
No modifications or alterations may be made m the Work Statement without the prior
written approval of the City's Community Development Administrator
PAYMENTS TO CONTRACTOR
A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totahng $30,000 for services rendered under this Agreement CITY will pay
these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has
received supporting documentation CONTRACTOR's failure to request reimbursement on a
timely basis may jeopardize present or future funding
Funds are to be used for the sole purpose of providing assistance to homeless and
potentially homeless families
B. Excess Payment. CONTRACTOR shall refund to CITY wlthm ten (10) working days
of CITY's request, any sum of money which has been paid by CITY and which CITY at any time
thereafter determines
(1) has resulted in overpayment to CONTRACTOR, or
(2) has not been spent strictly in accordance with the terms of this Agreement, or
(3) is not supported by adequate documentation to fully justify the expenditure
C, Disallowed Costs. 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 vnll refund such mount to CITY w~thm ten (10)
working days of a written not~ce to CONTRACTOR, which spemfies the amount disallowed
Refunds of dlsallowed costs may not be made from these or any funds received from or
through CITY
D. Deobhgation of Funds. In the event that actual expenditure rates deviate from
CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit 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 expenditure report, for the time period covered by the last ~nvmce
requesting reimbursement of funds under tlus Agreement, within fifteen (15) working days
following the close of the Agreement period CONTRACTOR shall utthze the form agreed upon
by CITY and CONTRACTOR
VIII
WARRANTIES
CONTRACTOR represents and warrants that
A All reformation, reports and data heretofore or hereafter requested by CITY and
furmshed to CITY, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written notice to
CITY
B Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fatrly 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 Ismce smd date, there has been no material change, adverse or otherwise, in the financial
cond~tion of CONTRACTOR
C No litigation or legal proceedings are presently pending or threatened against
CONTRACTOR
D None of the provisions herein contravenes or is in conflict w~th the authority under
which CONTRACTOR Is domg business or with the provisions of any ex~st~ng ~ndenture or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter into tlus Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement
F None of the assets of CONTRACTOR is subject to any hen or encumbrance of any
character, except for current taxes not delinquent, except as shown an the financml statements
furnished by CONTRACTOR to CITY
Each of these representations and warrant~es shall be continuing and shall be deemed to
have been repeated by the submission 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 unhqmdated, CONTRACTOR shall not, without the prior written consent of
the Com_mun~ty 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-
ex~stmg mortgages, hens, or other encumbrances to remmn on, or attached to, any assets
of CONTRACTOR which are allocated to the performance of this Agreement and w~th
respect to which CITY has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise d~spose of accounts receivables,
notes or claims 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 incur any habthty for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any eqmpment or ~tem of personal property
purchased wtth funds pad to CONTRACTOR by CITY, unless CITY authorizes such
transfer
B Should CONTRACTOR use funds received under th~s 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 objectives stated an
24 CFR 570 until August 31, 2006
(2) That should CONTRACTOR transfer or otherv~se d~spose of said property on
or before August 31, 2006, CONTRACTOR shall reimburse CITY m the amount of the
fair market value of tins property less any pomon of the value attributable to expenditures
of non-CDBG funds for acqu~s~tton of, or ~mprovement to, the property
C. CONTRACTOR agrees, upon written request by CITY, to require its employees to
attend training 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 m compliance w, th tins Agreement and in conformance with the standards
and provisions of Extubits 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 authorization is
required in order for the followtng to be consxdered allowable costs
(1) Encumbrances or expenditures during any one month period which exceeds
one-fifth (1/5) of the total budget as specified m Exhlint B
(2) CITY shall not be obhgated to any tinrd parties, ~ncludmg any subcontractors
of CONTRACTOR, and CITY funds shall not be used to pay for any contract service
extending beyond the expiration ofth~s Agreement
(3) Out of town travel
(4) Any alterations or relocation of the facilities on and an which the activities
specified an Exhlint A are conducted
(5) Any alterations, deletions or additions to the Personnel Schedule incorporated
in Exhlint 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 t, me to permit a thorough review by CITY CONTRACTOR must obtain
written approval by CITY prior to the commencement of procedures to sollmt or purchase
services, equipment, or real or personal property Any procurement or purchase which may be
approved under the terms of tins Agreement must be conducted m its entirety an accordance with
the provisions of this Agreement
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 l~rowded or received hereunder Such earnings include, but are not limited to, income
from interest, usage or rental or lease fees, raceme produced from contract-supported services of
individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR
provided as a result of this Agreement, and payments from clients or third parties for services
rendered by CONTRACTOR under this Agreement
B, CONTRACTOR shall mmntmn records of the receipt and disposition of program
income in the same manner as reqmred for other contract funds, and reported to CITY in the
format prescribed by CITY CITY and CONTRACTOR agree, based upon advice received from
representatives of the U S Department of Housing and Urban Development (HUD), that any fees
collected,for serrates performed by CONTRACTOR shall be spent only for service provision
These fees or other program income will be deducted from the regular reimbursement request
C CONTRACTOR shall include this Section in its entirety In all of its sub-contracts
which involve other raceme-producing services or activities
D It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to
whether or not raceme arising directly or indirectly from this Agreement, or the performance
thereof, constitutes program income CONTRACTOR is responsible to CITY for the repayment
of any and all amounts determined by CITY to be program income, unless otherwise approved in
wrlUng by CITY
XII.
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to maintain records that will provide accurate, current,
separate, and complete disclosure of the status of the funds received under this Agreement, in
comphanee w~th the provisions of Exhibit B, attached hereto, and with any other applicable
Federal and State regulations establishing standards for financial management
CONTRACTOR's record system shall contmn sufficient documentation to provide m detail full
support and justification for each expenditure Nothing in this Section shall be construed to
relieve CONTRACTOR of fiscal accountablhty and liability under any other provision of this
Agreement or any applicable law CONTRACTOR shall include the substance of this provision
in all subcontracts
B CONTRACTOR agrees to retain all books, records, documents, reports, and written
accounting procedures pertalmng to the operation of programs and expenditures of funds under
this Agreement for the period of time and under the conditions specified by CITY
C Nothing in the above subsections shall be constmed to relieve CONTRACTOR of
responslbthty for retalmng accurate and current records which clearly reflect the level and benefit
of services provided under this Agreement
D At any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives,
all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit,
examine, make excerpts and copies of such records, and to conduct audits of all contracts,
~nvoxces, materials, payrolls, records of personnel, eondit~ons or employment and all other data
requested by smd representatxves
XIIL
REPORTS AND INFORMATION
At such times and m such form as CITY may require, CONTRACTOR shall furmsh 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 financml reports to CITY no less
than once each th_tee months The beneficiary report shall det0al chent mformat~on, including
race, income, female head of household and other statistics required by CITY The financial
report shall include information and data relative to all programmatic and financial reporting as
of the begmmng date specified m Section I of th~s Agreement
Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit
an audit conducted by independent examiners w~th ten (10) days after receipt of such
XIV.
MONITORING AND EVALUATION
A CITY shall perform on-site momtormg of CONTRACTOR's performances under th~s
Agreement
B CONTRACTOR agrees that CITY may carry out monitoring and evaluation actlwt~es
to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
Oblectlves, which are attached hereto as Exhibit A, as well as other provisions of flus
Agreement
C CONTRACTOR agrees to cooperate fully with CITY ~n the development,
xmplementatxon and maintenance of record-keeping systems and to provade data determined by
CITY to be necessary for CITY to effectively fulfill its momtonng and evaluation
responsxbthties
D CONTRACTOR agrees to cooperate m such a way so as not to obstruct or delay CITY
in such momtonng and to designate one of xts staff to coordinate the momtorlng process as
requested by CITY staff
E After each official momtonng wsxt, CITY shall provide CONTRACTOR w~th 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 of this Agreement, CONTRACTOR shall cause to be dehvercd to CITY
copies of all notices of meetings of its Board of Directors, setting forth the time and place
thereof Such notice shall be delivered to CITY m a timely manner to give adequate not,ce, and
shall include an agenda and a brief description of the matters to be discussed CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
D~rectors' meetings
Minutes of all meetings of CONTRACTOR's governing body shall be avmlable to CITY
within ten (10) working days of approval
XVI.
INSURANCE
A CONTRACTOR shall observe sound bus~ness practices w~th respect to providing such
bonding and insurance as would provide adequate coverage for services offered under this
Agreement
B The premises on and m which the actlwties described in Exhibit A are conducted, and
the employees conducting these aetlwtles, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured
Upon request of CONTRACTOR, CITY may, at its sole d~scretion, approve alternate insurance
coverage arrangements
C CONTRACTOR will comply w~th applicable workers' compensation statues and will
obtain employers'hablhty coverage where av0alable and other appropriate habfllty coverage for
program participants, if appheable
D CONTRACTOR will mamtam adequate and continuous liability ~nsurance on all
vehicles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are reqmred to drive a vehicle m the normal scope and course of their employment must possess
a valid Texas driver's license and automobile hablhty ~nsurance Evidence of the employee's
current l~ossesslon of a valid license and insurance must be mmntained on a current basis an
CONTRACTOR's files
E Actual losses not covered by insurance as reqmred by this Section are not allowable
costs under this Agreement, and remmn the sole responsibility of CONTRACTOR
F The policy or policies of insurance shall contain a clause which requires that C~ty and
Contractor be notified an writing of any cancellation of change in the policy at least thirty (30)
days prior to such change or cancellation
XVII.
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval, a written plan for compliance with
the Equal Employment and Affirmative Actaon Federal provisions, wltlnn 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 information and reports requested by the CITY, and
wall permit access to its books, records, and accounts for purposes of investigation to ascertmn
compliance with local, state and Federal rules and regulations
D In the event of CONTRACTOR's non-comphance w~th the non-&scnmmation
requirements, CITY may cancel or terminate the Agreement in whole or in part, and
CONTRACTOR may be barred from further contracts with CITY
XVIII
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 practmes,
including policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits, vacation and sick leave pnvdeges, 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 governing body
presently has any interest, direct or indirect, wluch would conflict in any manner or degree with
the performance of services reqmred 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 gain for himself, or others,
particularly those w~th which he has family, bus~ness, or other t~es
C No officer, member, or employee of CITY and no member of~ts govermng body who
exercises any funetmon or responsmbmhtmes m the review or approval of the undertaking or carrying
out of thins Agreement shall (1) part~empate an any decision relating to the Agreement which
affects ms personal interest or the ~nterest in ally corporatmon, partnership, or association m which
he has dmrect or mdmrect interest, or (2) have any interest, d~rect or lnd~reet, mn th~s Agreement or
the proceeds thereof
XX.
NEPOTISM
CONTRACTOR shall not employ ~n any p~ud capacity any person who ms a member of
the ~mmedmate family of any person who ~s currently employed by CONTRACTOR, or ms a
member of CONTRACTOR's govermng board The term "member of ~mmedmte family"
includes wife, husband, son, daughter, mother, father, brother, smster, ~n-laws, aunt, uncle,
nephew, mece, step-parent, step-child, half-brother and half-s~ster
XXI.
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall involve, and no portmon of the funds
received by CONTRACTOR hereunder shall be used, e~ther d~rectly or ~nd~rectly, for any
poht~eal actmvmty (including, but not hm~ted to, an activity to further the eleet~on or defeat of any
eandmdate for pubhe office) or any actmwty undertaken to ~nfluence the passage, defeat or final
content of legislation
B None of the performance rendered hereunder shall involve, and no port~on of the funds
reeemved by CONTRACTOR hereunder shall be used for or apphed dmreetly or indirectly to the
constmetmon, operation, maintenance or adm~mstrat~on, or be utflazed so as to benefit ~n any
manner any sectarian or rehgmous facflmty or actmwty
XXIIo
PUBLICITY
A Where such aeUon ~s appropriate, CONTRACTOR shall pubhc~ze the activities
conducted by CONTRACTOR under th~s Agreement In any news release, s~gn, brochure, or
other ad~,ertmsmg medmum, dmssemmnatmg mformauon prepared or d~strlbuted by or for
CONTRACTOR, mentmon shall be made of the U S Department of Housing and Urban
Development's Community Development Block Grant Program funding through the C~ty of
Denton having made the project possmble
B All pubhshed material and written reports submmtted under this project must be
originally developed material unless otherwse specifically prowded mn th~s Agreement When
material not originally developed ~s mcluded m a report, the report shall ~dentffy the source m the
body of the report or by footnote Tlus provision is applicable when the material is in a verbatim
or extensive paraphrase format
All published material subrmtted under this project shall include the following reference
on the front cover or title page
This document is prepared in accordance with the City of Denton's Community
Development Block Grant Program, with funding received from the United States
Department of Housing and Urban Development
C All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basle proposal, or contracts and any responses, 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 preparing or
submlttmg any application for funding in accordance with the following procedures
A When the appheatton is in the planning stages, CONTRACTOR shall submit to CITY
a descrlptlun of the f~ds 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 wrmng, within ten (10)
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 applications to obtain 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 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 hne-ltems
vathln budget categories set forth in Exhibit B vathout prior written approval of CITY
CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and
such request for rewslon shall not increase the total monetary obligation of CITY under this
Agreement In addmon, budget revisions cannot slgmficantly change the nature, mtent, or scope
of the program funded under th~s Agreement
C CONTRACTOR will submat revased budget and program ~nfonnataon, whenever the
level of funding for CONTRACTOR or the program(s) described here~n is altered according to
the total levels contmned an any portaon of Exhibit B
D It as understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulataons pursuant hereto may occur during the term of th~s Agreement Any such
modlficattons are to be automatmally incorporated into thas Agreement w~thout written
amendment hereto, and shall become a part of the Agreement on the effectave date specffied by
the law or regulation
E CITY may, from t~me to tame dunng the term of the Agreement, request changes ~n
Exhibit A wluch may include an increase or decreased an the amount of CONTRACTOR's
compensataon Such changes shall be incorporated ~n a written amendment hereto, as prowded ~n
Subsectaon A of th~s Sectaon
F Any alterataons, deletaon, or addataons to the Contract Budget Detml incorporated m
Exhab~t B shall reqmre the prior written approval of CITY
13 CONTRACTOR agrees to notary CITY of any proposed change ~n physical location
for work performed under this Agreement at least tharty (30) calendar days an advance of the
change
H CONTRACTOR shall notify CITY of any changes m personnel or governing board
composataon
I It as expressly understood that neither the performance of Exhab~t A for any program
contracted hereunder nor the transfer of funds between or among smd programs will be
permatted
XXV
SUSPENSION OF FUNDING
Upon determanat~on by CITY of CONTRACTOR's fatlure to t~mely and properly
perform each of the reqmrements, tame eondttmns and dutaes prowded hereto, CITY, w~thout
hmatmg any rights ~t may other~wse have, may, at ~ts dascret~on, and upon ten (10) working days
written notate to CONTRACTOR, w~thhold further payments to CONTRACTOR Such notaee
may be gaven by marl to the Executave Officer and the Board of D~rectors of CONTRACTOR
The notice shall set forth the default of fmlure alleged, and the actaon reqmred for cure
The period of such suspension shall be of such duration as ~s appropriate to accomphsh
correctave aetaon, but m no event shall at exceed tharty (30) calendar days At the end of the
suspension period, af CITY determines the default of deficaency has been satasfied,
CONTRACTOR may be restored to full comphance status and prod all ehgable funds w~thheld or
impounded during the suspension period If however, CITY determines that CONTRACTOR has
not come into compliance, the provisions of SECTION XXVI may be effectuated
XXYL
TERMINATION
A CITY may terminate this Agreement wath cause for any of the following reasons
(1) CONTRACTOR's failure to attain compliance during any prescribed period of
suspension as provided in Section XXV
(2) CONTRACTOR's violation of covenants, agreements or guarantees of this
Agreement
(3) Termination or reduction of funding by the United States Department of
Housing and Urban Development
(4) Finding by CITY that CONTRACTOR
(a) is in such unsatisfactory financial condition as to endanger
performance under this Agreement,
(b) has allocated inventory to this Agreement substantially exceeding
reasonable reqmrements,
(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 hqmdator for all or substantial part of
CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement
of or hqmdatlon proceedings 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 IV, and Section XXIV (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 in writing of the decision to terminate and
the effective date of termination Simultaneous notice of pending termination maybe made to
other funding source specified in Exlublt B
B CITY may terminate flus Agreement for convemence at any time If this Agreement is
terunnated by CITY for convenience, CONTRACTOR will be pad an amount not to exceed the
total of accrued expenditures as of the effective date oftenmnat~on 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 prewously made
C CONTRACTOR may termmate this Agreement m whole or m part by written not,ce to
CITY, ff a termmatton of outside funding occurs upon whxeh CONTRACTOR depends for
performance hereunder CONTRACTOR may opt, w~tlun the hmitat~ons of this Agreement, to
seek an alternative fundxng source, with the approval of CITY, prowded the termination by the
outside fllndlng source was not occasioned by a breach of contract as defined here~n or as defined
in a contract between CONTRACTOR and the funding source m question
CONTRACTOR may terminate this Agreement upon the dtssolut~on of
CONTRACTOR's organization not occasioned by a breach of th~s Agreement
D Upon receipt of notice to terminate, CONTRACTOR shall cancel, wthdraw or
otherwtse terminate any outstanding orders or subcontracts which relate to the performance of
th~s Agreement CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for
any expenses, encumbrances or obligations whatsoever incurred after the termmat~on 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 w~thhold any
reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY
from CONTRACTOR ~s agreed upon or otherwrse determined
XXVII.
NOTIFICATION OF ACTION BROUGHT
In the event that any cl~um, demand, su~t or other action ~s made or brought by any
person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written notice thereof to CITY wrthm two (2) workang days after being not~fied of such clam,
demand, suit or other action Such noUee shall state the date and hour of notification of any such
clam, demand, stut or other acuon, the names and addresses of the person(s), firm, corporation
or other entity mal~ng such elam, or that instituted or threatened to msmute any type of action
or proceeding, the basis of such elmm, action or proceeding, and the name of any person(s)
aganst whom such claim ~s being made or threatened Such written not,ce shall be dehvered
e~ther personally or by mal
XXVIIL
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, mcludmg 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 from the performance or omission of any employee, agent or
representative of CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to indemmfy and hold
harmless CITY its agents, employees, or contractors from any and ali claims, suits, causes
of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the
use of these contracted funds and program admlmstratlon and implementation 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 this Agreement or any
interest therein, or any cloam arising 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
rem~umng provisions shall remain in full force and effect and continue to conform to the original
intent of both part, es hereto
C In no event shall any payment to CONTRACTOR hereunder, or any other act or
failure of CITY to insist in any one or more instances upon the terms and conditions of this
Agreement constitute or be construed in any way to be a waiver by CITY of any breach of
covenant or default wtuch may then or subsequently be committed by CONTRACTOR Neither
shall such payment, act, or omission in any manner impair or prejudice any right, power,
privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers,
privileges, or remedies are always specifically preserved No representative or agent of CITY
may woave the effect of tlus provision
D This Agreement, together w~th 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 occurring during 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 meaning of any part of this Agreement or its governing rules.
codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for
matters of comphance, will have the f'mal authority to render or to secure an interpretation
F For purposes of this Agreement, all official communmatxons and notices among the
pames shall be deemed made if sent postage pa~d to the pames and address set forth below
TO CITY TO CONTRACTOR
C~ty Manager D~rector
Caty of Denton HOPE, Inc
215 E MeKmney St P O Box 50946
Denton, Texas 76201 Denton, Texas 76206
G Tlus Agreement shall be interpreted in accordance w~th the laws of the State of Texas
and venue of any lit~gatlon concerning thts Agreement shall be ~n a court competent junsdlctaon
sitting m Denton County, Texas
S OF WHICH thts Agreement has been executed on th~s the ~ day of
· 1997
CITYOFDENTON
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~ED '~
AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
HOPE INC
EXECUTIVE DIRECTOR
ATTEST
EXHIBIT "A"
WORK STATEMENT
HOPE, INC
30-90 DAY CLIENT ASSISTANCE PROGRAM
The program provides assastance to famflaes who are homeless or potentaally homeless, and
who have the desare and abthty to estabhsh self-rehance The fundmg requested would provide
rent, utahty, and food to client famthes for a period of 30 - 90 days The case manager from
HOPE, Inc will meet wxth the client families on a weekly basis to assist with defimng goals,
budget skills, assessment of job skills and educaUonal needs, and commumty referral HOPE
wall momtor expense, receipts, income, and attempts tp move toward stated goals
It as anticipated that chent famthes wall be able to move into permanent housing and to have
the abflaty, after program assistance, to mamtam permanent housing
TRANSITIONAL HOUSING PROGRAM
The purpose of the project is to assist famthes who are documented under HUD gmdehnes as
homeless, toward estabhshmg and mamtanung self-sufficxency The funding requested would
provide rent and uuhty assastance, and lnmted other financaal aid, as determined by the needs
of the transitional housmg families The transitional housing program would mamtam up to
five famlhes at a tune, and rent and utthty assistance would be for a period of 12 to 24
months
HOPE, Inc w~ll assast the transltaonal housmg famllaes wath assessment of educational or
vocataonal skills and training, wath budget skills, wath job search skills, and wath counseling or
other social services HOPE will also momtor on a weekly hasas records of expenses mcurred,
recexpts, and proof of farmly income
It is antaclpated that client families who are in the transitional housing program will be able,
after the one or two year assistance period, to unprove their sltuataon enough to be able to
afford decent, safe, and sanxtary housing without the need for rental assastance and contmumg
emergenay a~de from Denton agencies
EXHIBIT "B"
HOPE INC
PROJECT BUDGET
Transition Housing Program
Personnel Costs, Client Servlees $25,000
Case management up to 20 hours per week
Rent, Uttht~es, and other Fmaneml Aid
30-90 Day Client Assistance Pro_eram
Support of Client Families, 30-90 Days $5,000
Rent, Utfl~taes, Food