1996-289E \WPDOCS\0RD\HOPE ORD
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AIgD PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council has sollcmted, recemved and tabulated
competitive bids for services mn accordance with the procedures of
State law and City ordmnances, and
WHEREAS, the City Manager or a designated employee has received
and recommended that the herein descrmbed bids are the lowest
responsible bids for the services described in the bid invitation,
bmd proposals and plans and speclflcatmons theremn, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the followmng competmtmve bmds for the
servmces, as descrmbed in the "Bid Invltatmons," "Requests For
Proposals," "Bmd Proposals" or plans and speclfmcatmons on file mn
the Office of the City's Purchasing Agent fmled accordmng to the
bid number assmgned hereto, are hereby accepted and approved as
bemng the lowest responsible bmds
BID
NUMBER CONTRACTOR AMOUNT
1981 HOPE, INC $30,000 00
SECTION II That the acceptance and approval of the above
competltmve bids shall not constitute a contract between the Cmty
and the person submitting the bid for the services herein accepted
and approved, until such person shall comply wmth all requirements
specified in the b~d Invitations or Requests for Proposals, and
insurance certificate after notlflcatmon of the award of the bid
SECTION III That the Cmty Manager ms hereby authormzed to
execute all necessary written contracts for the performance of the
servmces in accordance with the bids accepted and approved heremn,
provided that such contracts are made mn accordance wmth the Notice
to bidders and bid Proposals, and documents relatmng thereto
specifying the terms, conditions, plans and speclf~catmons,
standards, quantities and specmfled sums contained theremn
SECTION IV That upon acceptance and approval of the above
competitive bids and the executmon of contracts for the servmces as
authorized herein, the City Council hereby authormzes the
expenditure of funds mn the manner and in the amount as specified
in such approved bmds and authormzed contracts executed pursuant
thereto
SECTION V That thzs ordznance shall become effectzve
immediately upon its passage and approval
PASSED AND APPROVED this the /~ day of~~t_ , 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY/
PAGE 2
DATE DECEMBER 17,1996
CiTYEOUNCIL REPDRT
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID # 1981 - SELF SUFFICIENCY PROGRAM
RECOMMENDATION: We recommend this bid be awarded to the single respondent, HOPE Inc,
in the amount of $30,000 00
SUMMARY. This bid is for providing services to homeless and potentially homeless in Denton who
can help themselves, and desire to do so toward establishing and malntalmng self-reliance and toward
becoming remtegrated as productive members of the community
Services include providing crisis management, verification and assistance with apphcatlon to the
Housing Authority for homeless or involuntary displaced persons, coordinate serwces for the entire
family, and assist in budget planning goal setting and job search
PROGRAMS, DEPARTMENTS OR GROUPS_AFFECTED: HOPE Inc, CDBG Division, and
Citizens of Denton utlhzmg the program
I~ISI2ALiMPA~CT: General Fund monies have been appropriated for this program Account # 100-
051-051M-8967
Respectfully subml~ed
Ted Benavldes
C~tyManager
Approved
Name TomD'Shaw, CPM
Title PurehaslngAgent
809 AGENDA
E \WPDOCS\K\HOPE
1996 - 1997
AGREEMENT BETWEEN THE CITY OF DENTON
AND HOPE, INC.
This Contract 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 , 1213 N Elm, Denton, Texas 76201, 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 authorized budget for expendIture of funds for
assistance to the homeless families, and
WHEREAS, CITY has designated the Community Development Off~ce
as the division responsible for the administration of this contract
and all matters pertaining thereto, and
WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such
pro3ect,
NOW, THEREFORE, the parties hereto agree, and by the execu-
tion hereof are bound to the mutual obligations and to the per-
formance and accomplishment of the conditions hereinafter
described
I.
TERM
This Contract shall commence on or as of October 1, 1996, and
shall terminate on September 30, 1997
II.
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the perfor-
mance of all services and activities, described in the Work State-
ment attached hereto as Exhibit A, in a satisfactory and efficIent
manner as determined by CITY, in accordance w~th the terms here~n
CITY will consider CONTRACTOR's executIve officer to be CONTRAC-
TOR's representative responsible for the management of all
contractual matters pertaining hereto, unless written 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 administration of th~s contract
III.
CITY'S OBLIGATION
A. Limit of Liability. CITY will reimburse CONTRACTOR for
expenses incurred pursuant hereto in accordance with the project
budget included as a part of Exhibit B Notwithstanding any other
provision of the Contract, the total of all payments and other
obligations made or Incurred by CITY hereunder shall not exceed the
sum of $30,000 00
B. Measure of Liability. In consideration of full and
satisfactory services and activities hereunder by CONTRACTOR, CITY
shall make payments to CONTRACTOR based on the Budget attached
hereto and Incorporated herein for all purposes as Exhibit B, sub-
3ect to the limItations and provisions set forth in this Section
and Section VII of this Contract
(1) CITY shall not be liable for any cost or portion
thereof which
(a) has been paid, reimbursed or is subject
to payment or reimbursement, from any other
source,
(b) was incurred prior to the beginning date,
or after the ending date specified in
Section I,
(c) is not in strict accordance with the
terms of this Contract, including all exhibits
attached hereto, or
(d) has not been billed to CITY within thirty
(30) calendar days following billing to CON-
TRACTOR, or termination of the Contract,
whichever date is earlier
(2) CITY shall not be liable for any cost or portion
thereof which is incurred with respect to any activity of CON-
TRACTOR requiring prior written authorization from CITY, or
after CITY has requested that CONTRACTOR furnish data concern-
lng such action prior to proceeding further, unless and until
CITY advises CONTRACTOR to proceed
(3) CITY shall not be obligated or liable under this
Contract to any party other than CONTRACTOR for payment of any
monies or provision of any goods or services
PAGE 2
IV.
COMPLIANCE WITH STATE and LOCAL LAWS
CONTRACTOR shall comply with all laws of the United States of
America and the State of Texas and ordinances of the City of Denton
in the performance of this contract
V.
REPRESENTATIONS
A CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
Contract
B The person or persons signing and executing this Contract
on behalf of CONTRACTOR, do hereby warrant and guarantee that he,
she, or they have been fully authorized by CONTRACTOR to execute
this Contract 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 r~ght, at its option, to e~ther
temporarily suspend or permanently terminate this Contract if there
is a dispute as to the legal authority of either CONTRACTOR or the
person s~gn~ng the Contract to enter into this Contract CONTRAC-
TOR is liable to CITY for any money it has received from CITY for
performance of the provisIons of this Contract if CITY has sus-
pended or terminated this Contract for the reasons enumerated in
this Section
D CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of th~s Contract will in no way be sub-
stituted for funds and resources from other sources, nor in any way
serve to reduce the resources, services, or other benefits which
would have been avallable to, or provided through, CONTRACTOR had
this Contract not been executed
VI.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, adminIster, and carry out
all of the activities and services set out in 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
part~es to be necessary and sufficient payment for full and satis-
factory performance of the program, as determined solely by CITY
and in accordance with all other terms, provisions and requirements
of this Contract
PAGE 3
No modifications or alterations may be made ~n the Work State-
ment without the prior written approval of the C~ty's Community
Development Administrator
VII.
PAYMENTS TO CONTRACTOR
A. Payments to Contractor. The CITY shall pay to the CON-
TRACTOR a maximum amount of money totaling $30,000 for services
rendered under this Contract CITY will pay these funds on a reim-
bursement basis to the CONTRACTOR w~thln twenty days after CITY has
received supportln9 documentation Those CONTRACTORS who fall to
request reimbursement on a timely basis, may 3eopardlze present or
future funding
B. Excess Payment CONTRACTOR shall refund to CITY w~thln
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 zn overpayment to CONTRACTOR or
(2) has not been spent strzctly zn accordance with the
terms of th~s Contract, or
(3) is not supported by adequate documentation to fully
]ustlfy the expenditure
C. Deobl£gation of Funds In the event that actual expendi-
tures deviate from CONTRACTOR's provision of a corresponding level
of performance, as specified in Exhibit A, CITY hereby reserves the
right to reappropr~ate or recapture any such under expended funds
D. Contract Close Out CONTRACTOR shall submit the Contract
close out package to CITY, together with a final expenditure re-
port, for the time period covered by the last invoice requesting
reimbursement of funds under this Contract, within ten (10) working
days following the close of the Contract period CONTRACTOR shall
utilize the form agreed upon by CITY and CONTRACTOR
VIII.
WARRANTIES
CONTRACTOR represents and warrants that
A Ail lnformat~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 ~nformatlon, data, or report, and,
s~nce that date, have not undergone any s~gn~flcant change w~thout
written not~ce to CITY
B Any supporting f~nanc~al statements heretofore requested
by CITY and furnished to CITY, are complete, accurate and fairly
PAGE 4
reflect the financial condition of CONTRACTOR on the date shown on
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no
material change, adverse or otherwise, in the financial condlt!on
of CONTRACTOR
C No litigation or legal proceedings are presently pending
or threatened against CONTRACTOR related to the program described
in Exhibit A
D None of the provisions herein contravenes or is in con-
fllct with the authority under which CONTRACTOR is doing business
or with the provisions of any existing indenture or agreement of
CONTRACTOR
E CONTRACTOR has the power to enter into this Contract and
accept payments hereunder, and has taken all necessary action to
authorize such acceptance under the terms and conditions of th~s
Contract
F None of the assets of CONTRACTOR is subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the financial statements furnished
by CONTRACTOR to CITY
Each of these representations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of
each request for payment
IX.
COVENANTS
During the period of time that payment may be made hereunder
and so long as any payments remain unllquldated, CONTRACTOR shall
not, without the prior written consent of CITY's Executive Director
of Planning and Development or his authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now owned or
hereafter acquired by it, or permit any pre-existing mort-
gages, liens, or other encumbrances to remain on, or attached
to, any assets of CONTRACTOR which are allocated to the per-
formance of this Contract and with 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
its assets
PAGE 5
(4) Make any advance or loan to, or incur any liability
for any other firm, person, entity or corporation as guaran-
tor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or ~tem
of personal property purchased with funds paid to CONTRACTOR
by CITY, unless CITY authorizes such transfer
CONTRACTOR agrees, upon written request by CITY, to require
· ts employees to attend training sessions sponsored by the Com-
munity Development Office
X.
ALLOWABLE COSTS
A Costs shall be considered allowable only if incurred
directly specifically in the performance of and in compliance with
thzs Contract and zn conformance with the standards and provisions
set forth ~n Exhibits A and B
B Approval of CONTRACTOR's budget, Exhibit B, does not
constitute prior written approval of the expenditure of funds, even
though certain items may appear herein CITY's prior written
authorization is required in order for the following to be con-
szdered allowable costs
(1) Encumbrance or expenditure during any one month
period which exceeds one-fifth (1/5) of any budgeted l~ne
ztems for costs as speczfled in Exhibit B
(2) CITY shall not be obligated to any third parties,
~ncludzng any subcontractors of CONTRACTOR, and CITY funds
shall not be used to pay for any contract service extending
beyond the explratzon of this Contract
(3) Out of town travel
(4) Any alterations or relocation of the facilities on
and in which the activities specified zn Exhibit A are con-
ducted
(5) Any alterations, deletions or additIons to the
Personnel Schedule incorporated in Exhlbzt 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 przor approval are CONTRACTOR's responsibility
and shall be made w~thln suffIcient t~me to permit a thorough
review by CITY Contractor must obtain written approval by CITY
PAGE 6
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 Contract
must be conducted in its entirety in accordance with the provisions
of this Contract
XI.
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 Contract, in compliance with the
provisions of Exhibit B, attached hereto, and with any other ap-
plicable Federal and State regulations establishing standards for
financial management CONTRACTOR's record system shall contain
sufficient documentation to provide in detail full support and
3ustlflcatlon for each expenditure Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal accountability and
liability under any other provision of this Contract or any ap-
plicable law CONTRACTOR shall include the substance of this
provision in all subcontracts
B CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
under this Contract for the period of time and under the conditions
specified by CITY
C Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Contract
D At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
Its authorized representatives, all of its records and shall permit
CITY, or any of its authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data requested by said
representatives
XII.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CON-
TRACTOR shall furnish such statements, records, data and informa-
tion as CITY may request and deem pertinent to matters covered by
this Contract
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
PAGE 7
The financial report shall include ~nformatlon and data relative to
all programmatic and financial reporting as of the beginning date
specified in Sect~on I of this Contract
Unless a written exemption has been granted by the CITY,
CONTRACTOR shall submit an audit conducted by independent examiners
within ten (10) days after receipt of such
XIII
MONITORING AND EVALUATION
A CITY shall perform on-site monitoring of CONTRACTOR's
performance under this Contract
B CONTRACTOR agrees that CITY may carry out monitoring and
evaluation activities to ensure adherence by CONTRACTOR to the Work
Statement, and Program Goals and Ob3ectlves, which are attached
hereto as Exhibit A, as well as other provisions of this Contract
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 monitoring and evaluation responsl-
bll~tles
D CONTRACTOR agrees to cooperate in such a way so as not to
obstruct or delay CITY in such monitoring and to designate one of
its staff to coordinate the monitoring process as requested by CITY
staff
E After each official monitoring vis,t, CITY shall provide
CONTRACTOR with a written report of monitoring findings
P CONTRACTOR shall submit copies of any fiscal, management,
or audit reports by any of CONTRACTOR's funding or regulatory
bodies to CITY w~thln five (5) working days of receipt by CONTRAC-
TOR
XIV.
DIRECTORS' MEETINGS
During the term of this Contract, CONTRACTOR shall cause to be
delivered to CITY copies of all notices of meetings of ~ts Board of
Directors, setting forth the time and place thereof Such notice
shall be delivered to CITY in a timely manner to give adequate
notice, and shall include an agenda and a brief description of the
matters to be discussed CONTRACTOR understands and agrees that
CITY representatives shall be afforded access to all of the Board
of Directors' meetings
Minutes of all meetings of CONTRACTOR's governing body shall
be available to CITY within ten (10) working days of approval
PAGE 8
XV.
INSURANCE
A CONTRACTOR shall observe sound business practices with
respect to provldang such bonding and ansurance as would provide
adequate coverage for services offered under thas Contract
B CONTRACTOR shall obtain, for the premases on and in whach
the activities described in Exhlbat A are conducted, and for the
employees conducting these actavltles, premase llab~laty ansurance,
commonly referred to as "Owner/Tenant" coverage, with CITY named as
an additional insured Upon request of CONTRACTOR, CITY may, at
its sole dascretlon, approve alternate ansurance coverage arrange-
ments
C CONTRACTOR will comply with applacable workers' compensa-
taon statutes and w~ll obtain employers' l~ab~l~ty coverage where
avaalable and other appropriate laabllaty coverage for program
participants, ~f applicable
D CONTRACTOR will maintain adequate and contanuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR All employees of CONTRACTOR who are required to drave
a vehacle an the normal scope and course of thear employment must
possess a valid Texas driver's license and automobile laablllty
insurance Evzdence of the employee's current possession of a
valid license and insurance must be maintained on a current basis
zn CONTRACTOR's f~les
E Actual losses not covered by ansurance as requared by
thas Section are not allowable costs under thas Contract, and
remaan the sole responslbllaty of CONTRACTOR
F The polacy or policies of insurance shall contain a
clause which requires that C~ty and Contractor be not~fled ~n
writing of any cancellation or change in the policy at least tharty
(30) days prior to such change or cancellataon
XVI.
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval a written
plan for compliance with the Equal Employment and Afflrmatave
Actlon Federal provisions, w~thln thirty (30) days of the effective
date of th~s Contract
B CONTRACTOR shall comply wmth all applmcable equal employ-
ment opportunity and affirmative action laws or regulatmons
C CONTRACTOR wall furnish all anformatlon and reports re-
quested by the CITY, and will permit access to its books, records,
and accounts for purposes of anvestmgataon to ascertain complaance
with local, state and Federal rules and regulations
D In the event of CONTRACTOR's non-compliance w~th the
PAGE 9
non-discrimination requirements, City may cancel or terminate the
Contract in whole or in part, and CONTRACTOR may be barred from
further contracts with CITY
XVII
PERSONNEL POLICIES
CONTRACTOR shall establish and maintain personnel policies
which shall be available for examination Such personnel policies
shall
A Be no more liberal than CITY's personnel policies, pro-
cedures, and practices, including policies with respect to employ-
ment, salary and wage rates, working hours and holidays, fringe
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
XVIII.
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither it nor any member of
· ts governing body presently has any interest, dzrect or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract CONTRAC-
TOR further covenants that in the performance of this Contract, no
person hav~ng 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 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 exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
th~s Contract shall (1) participate in any decision relating to the
Contract which affects his personal interest or the mnterest in any
corporation, partnership, or association ~n which he has direct or
indirect interest, or (2) have any interest, dmrect or indirect, in
this Contract or the proceeds thereof
XIX.
NEPOTISM
CONTRACTOR shall not employ in any paid 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,
PAGE 10
1n-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister
XX.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is
preparing or submitting any application for funding for the program
described in Exhibit B in accordance with the following procedures
A When the application is in the planning stages, CON-
TRACTOR shall submit to CITY a description of the funds being
applied for, and the proposed use of funds
B Upon award of or notice of award, whichever is sooner,
CONTRACTOR shall notify CITY of such award and the effect, if any,
of such funding on the funds and program(s) contracted hereunder
Such notice shall be submitted to CITY, in writing, 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 contract
C CONTRACTOR shall not use funds provided hereunder, e~ther
directly or indirectly, as a contribution, or to prepare applica-
tions to obtain any federal or private funds under any federal or
private program without the prior written consent of CITY
XXI.
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of
this Contract shall be by written amendment executed by both
parties, except when the terms of this Contract expressly provide
that another method shall be used
B CONTRACTOR may not make transfers between or among ap-
proved line-items within budget categories set forth in Exhibit B
without prior written approval of CITY CONTRACTOR shall request,
in writing, the budget revision in a form prescribed by CITY, and
such request for revision shall not increase the total monetary
obligation of CITY under this Contract In addition, budget
revisions cannot significantly change the nature, ~ntent, or scope
of the program funded under this Contract
C CONTRACTOR will submit revised budget and program in-
formation whenever the level of funding for CONTRACTOR or the
program(s) described herein is altered according to the total
levels contained in any portion of Exhibit B
D It is understood and agreed by the parties hereto that
changes in the State, Pederal or local laws or regulations pursuant
hereto may occur during the term of this Contract Any such modi-
fications are to be automatically incorporated into this Contract
PAGE 11
without written amendment hereto, and shall become a part of the
Contract on the effective date specified by the law or regulation
E CITY may, from time to time during the term of the Con-
tract, request changes in Exhibit A which may include an increase
or decrease in the amount of CONTRACTOR's compensation Such
changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section
F Any alterations, deletions, or additions to the Contract
Budget Detail Incorporated in Exhibit B shall require the prior
written approval of CITY
G CONTRACTOR agrees to notzfy CITY of any proposed change
in physical location for work performed under th~s Contract 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 said programs will be permitted
XXII.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely
and properly perform each of the requirements, time conditions 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 g~ven by mall to the Executive
Officer and the Board of Directors of CONTRACTOR The not~ce shall
set forth the default or failure alleged, and the action required
for cure
The period of such suspension shall be of such duration as ~s
appropriate to accomplish corrective action, but in no event shall
it exceed thirty (30) calendar days At the end of the suspenszon
period, if CITY determines the default or deficiency has been sat-
lsfled, CONTRACTOR may be restored to full compliance status and
paid all eligible funds withheld or Impounded during the suspension
period If, however, CITY determines that CONTRACTOR has not come
Into compliance, the provisions of Section XXIII may be effectu-
ated
XXIII.
TERMINATION
A CITY may terminate this Contract with cause for any of
the following reasons
(1) CONTRACTOR's failure to attain compliance during any
prescribed per~od of suspension as provided in Section XXII
PAGE 12
(2) CONTRACTOR's violation of covenants, agreements or
guarantees of thas Contract
(3) Termanataon or reductaon of fundang by the Unated
States Department of Housang and Urban Development
(4) Flndang by CITY that CONTRACTOR
(a) as an such unsatisfactory fananclal condltaon
as to endanger performance under thas Contract,
(b) has allocated inventory to th~s Contract
substantially exceeding reasonable requirements,
(c) is delanquent an payment of taxes, or of costs
of performance of thls Contract an the ordanary course of
busaness
(5) Appointment of a trustee, receiver or llquadator for
all or substantaal part of CONTRACTOR's property, or anst~tu-
tlon of bankruptcy, reorganization, rearrangement of or
l~quldat~on proceedings by or against CONTRACTOR
(6) CONTRACTOR's lnaballty to conform to changes
requlred by Federal, State and local laws or regulations as
provided ~n Section IV, and Sectaon XXI (D), of thas Contract
(7) The commission of an act of bankruptcy
(8) CONTRACTOR's vlolataon of any law or regulation to
which CONTRACTOR as bound or shall be bound under the terms of
the Contract
CITY shall promptly notify CONTRACTOR in wr~tang of the
declsaon to terminate and the effectave date of termination
Samultaneous notlce of pending termination maybe made to other
fundang sources specified an Exhablt B
B CITY may terminate th~s Contract for convenience at any
time If th~s Contract ~s terminated by CITY for convenience,
CONTRACTOR w~ll be paid an amount not to exceed the total of
accrued expenditures as of the effective date of termination In
no event wlll th~s compensation exceed an amount whach bears the
same ratao to the total compensation as the services actually
performed bears to the total services of CONTRACTOR covered by the
Contract, less payments previously made
C CONTRACTOR may terminate thas Contract ~n whole or ~n
part by written notice to CITY, ~f a termination of outside funding
occurs upon whach CONTRACTOR depends for performance hereunder
CONTRACTOR may opt, w~th~n the limitations of th~s Contract, to
seek an alternative funding source, with the approval of CITY,
provided the termination by the outside funding source was not
occasaoned by a breach of contract as defined herean or as defined
PAGE 13
zn a contract between CONTRACTOR and the funding source in
question
CONTRACTOR may terminate this Contract upon the dissolution of
CONTRACTOR's organization not occasioned by a breach of this
Contract
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 Contract
CITY shall not be lzable 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 ~ts right of
suspension or termination, CONTRACTOR shall not be relieved of
lzab~llty to CITY for damages sustained by CITY by virtue of any
breach of the Contract by CONTRACTOR, and CITY may withhold any
reimbursement to CONTRACTOR untzl such time as the exact amount of
damages due to CITY from CONTRACTOR is agreed upon or otherwise
determined
XXIV
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other actzon is
made or brought by any person(s), firm, corporation or other entity
against CONTRACTOR, CONTRACTOR shall g~ve written notice thereof to
CITY w~thln two (2) working days after bezng notified of such
claim, demand, suit or other action Such notice shall state the
date and hour of notification of any such claim, demand, suzt or
other action, the names and addresses of the person(s), f~rm,
corporation or other entity making such clazm, or that ~nstltuted
or threatened to lnstztute any type of action or proceeding, the
basis of such claim, action or proceedzng, and the name of any
person(s) against whom such claim is being made or threatened
Such written notzce shall be delivered either personally or by
mall
XXV.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties
hereto that CITY is contracting with CONTRACTOR as an independent
contractor and that as such, CONTRACTOR shall save and hold CITY,
its officers, agents and employees harmless from all liability of
any nature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the per-
form&nce or omission of any employee, agent or representative of
CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless CITY its agents, employees, or con-
tractors from any and all claims, suits, causes of action, demands,
PAGE 14
damages, losses, attorneys fees, expenses, and liability arising
out of the use of these contracted funds and program administration
and implementation except to the extent caused by the willful act
or omission of CITY, its agents, employees, or contractors.
XXVI.
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither it nor any member of
Its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract CONTRAC-
TOR further covenants that in the performance of this Contract, 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 it 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 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 exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Contract shall (1) participate in any decision relating to the
Contract which affects his 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 Contract or the proceeds thereof
XXVII.
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assign
this Contract or any Interest therein, or any claim arising there-
under, to any party or parties, bank, trust company or other finan-
cial institution without the prior written approval of CITY
B If any provision of this Contract is held to be invalid,
illegal, or unenforceable, the remaining provIsions shall remain in
full force and effect and continue to conform to the original
intent of both parties hereto
C In no event shall any payment to CONTRACTOR hereunder, or
any other act or failure of CITY to insist in any one or more
instances upon the terms and conditions of this Contract constitute
or be construed in any way to be a waiver by CITY of any breach of
covenant or default which may then or subsequently be committed by
CONTRACTOR Neither shall such payment, act, or omission in any
manner impair or prejudice any right, power, privilege, or 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 waive the effect of this
PAGE 15
provision
D This Contract, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, understand-
lng or other commitment antecedent to this Contract, whether
written or oral, shall have no force or effect whatsoever, nor
shall any agreement, assertion, statement, understanding, or other
commitment occurring during the term of this Contract, or subse-
quent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an
amendment of this Contract
E In the event any disagreement or dispute should arzse
between the parties hereto pertaining to the ~nterpretat~on or
meaning of any part of this Contract or ~ts governing rules, codes,
laws, ordinances or regulations, CITY as the party ultimately
responsible to HUD for matters of complzance, will have the final
authority to render or to secure an Interpretation
F For purposes of th~s Contract, all official communica-
tions and notices among the parties shall be deemed made as of the
date mailed if sent postage pa~d to the part~es and address set for
below
TO CITY TO CONTRACTOR
City Manager D~rector
C~ty of Denton HOPE, Inc
215 E McK~nney St 1213 N Elm
Denton, Texas 76201 Denton, Texas 76201
G This Agreement shall be interpreted in accordance with
the laws of the State of Texas and venue of any litigation
concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas
IR WITNESS OF_WHICH ,this Contract has been executed on thzs
the /~ day of ~, 1996
CITY OF DENTON
BY~s[~CIT~M---~-~-~G ER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE 16
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
HOPE, INC
BARBARA ATKINS
ATT~,~
SECRETARY
PAGE 17
EXHIBIT ~A"
WORK STATEMENT
HOPE, INC
TR/LNSITIONAL HOUSING PROGRAM
The purpose of the project is to assast famalaes who are documented
under HUD guldelanes as homeless, toward establishing and
maantalnlng self-sufficiency The fundang requested would provade
rent and utility assistance, and lamated other flnancaal aid, as
determined by the needs of the transltaonal housing famalles The
transatlonal housing program would maintain up to five families at
a time, and rent and utility assistance would be for a peraod of 12
to 24 months
HOPE, Inc will assist the transitional housang famalaes with
assessment of educational or vocataonal skalls and traanang, wath
budget skills, with lob search skills, and wath counseling or other
social servaces HOPE will also monitor on a weekly basas records
of expenses ~ncurred, receapts, and proof of family income
It is anticipated that client families who are an the transatlonal
housing program will be able, after the one or two year assIstance
period, to improve their situation enough to be able to afford
decent, safe, and sanitary housing without the need for rental
assistance and cont~nuang emergency aide from Denton agencaes
30-90 DAY CLIENT ASSISTANCE PROGRAM
The program provides assistance to fam~laes who are homeless or
potentially homeless, and who have the desire and ability to
establish self-reliance The funding requested would provide rent,
utilities, and food to client families for a period of 30-90 days
The case manager from HOPE, Inc wall meet with claent fam~laes on
a weekly basas to assist wath defanang goals, budget skills,
assessment of ]ob skills and educataonal needs, and communaty
referral HOPE wall monator expenses, receipts, ancome, and
attempts to move toward stated goals
It ~s antaclpated that client fam~laes will be able to move anto
permanent housing and to have the abalaty, after program
assistance, to malntaan permanent housang
EXHIBIT "B"
HOPE, INC
PROJECT BUDGET
Transition Housing ProGram
Personal Costs, Client Services $ 25,000 00
Case management up to 20 hours per week
Rent, Utllltles, and other Flnanclal Aid
30-90 Day Cllent Assistance ProGram
Support of Client Families, 30-90 Days $5,000 00
Rent, utIlities, and other Fznanclal Azd
TOTAL $30,000 00
30-90 Day Client Asslstance ProGram
Support of Cllent Famllzes, 30-90 Days $ 5,000 00
Rent, Utzlltzes, Food
TOTAL $ 5,000 00