1989-1062752L
NO
821DIa
AN ORDINANCE AUTHORIZING
BETWEEN THE CITY OF DENTON,
ASSISTANCE FOR THE HOMELESS
THEREFORE AND PROVIDING AN
THE MAYOR TO EXECUTE AN AGREEMENT
TEXAS AND H 0 P E , INC TO PROVIDE
AUTHORIZING THE EXPENDITURE OF FUNDS
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is authorized to execute an
agreement ween the City of Denton and H 0 P E Inc to
provide assistance for the homeless, under the terms and
conditions contained in the agreement, a copy of which is
attached hereto and made a part hereof
SECTION II That the City Council hereby authorizes the
expen ture o funds not to exceed Ten Thousand ($10,000) Dollars
SECTION III That this
imme ate y upon its passage
PASSED AND APPROVED this
ordinance shall become effective
and approval
the 4' day of _ 1989
Y E H X , M R
ATTEST
J , CITY S' E
A ROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2748L
THE STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT BETWEEN THE CITY OF DENTON
AND HOPE, INC
This Contract and 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 OrdinanceCITY,- '9 yG~ dated
, hereinafter referred to as and
H 0 P E , nc , a non-profit corporation with offices at 1213 N
Locust, Denton, Texas 76201 hereinafter referred to as
CONTRACTOR
WHEREAS, the CITY has received certain funds from the Texas
Department of Community Affairs ("TDCA"), under the Stewart B
McKinney Homeless Assistance Act, and,
WHEREAS, the CITY has designated the Planning and Community
Development Department as the department responsible for the
administration of this contract and all matters pertaining
thereto, and,
WHEREAS, the CITY wishes to engage the CONTRACTOR to carry
out such project,
NOW THEREFORE, the parties hereto severally and collectively
agree, and by the execution hereof are bound to the mutual
obligations and to the performance and accomplishment of the
tasks hereinafter described
I
TERM
This Contract shall commence on or as of August 1, 1989, and
shall terminate on May 1, 1990, unless extended by mutual
agreement
II
RESPONSIBILITIES
The CONTRACTOR hereby accepts the responsibility for the
performance of all services and activities, in a satisfactory and
efficient manner as determined by the CITY, in accordance with
the terms herein The CITY will consider the CONTRACTOR'S
executive officer to be the CONTRACTOR's representative
responsible for the management of all contractual matters
pertaining hereto, unless written notification to the contrary is
received from the CONTRACTOR, and approved by the CITY
The Director of Planning, or his/her designated represen-
tative, will be the CITY's representative responsible for the
administration of this contract
III
CITY'S OBLIGATION
A Limit of Liability In consideration of full compliance
with the provisions of this Contract by CONTRACTOR, the CITY will
reimburse CONTRACTOR for expenses incurred pursuant hereto in
accordance with the project budget included as a part of EXHIBIT
"A" Notwithstanding any other provision of the Contract, the
total of all payments and other obligations made or incurred by
the CITY hereunder shall not exceed the sum of $10,000 00
B Measure of Liability In consideration of full and
satisfactory services and activities hereunder by CONTRACTOR,
the CITY shall make payments to CONTRACTOR based on the Budget
attached hereto and incorporated herein for all purposes as
EXHIBIT "A", subject to the limitations and provisions set forth
in this Section and Section VIII of this Contract
(1) It is expressly understood and agreed by the parties
hereto, that the CITY's obligations under this Section are
contingent upon the actual receipt of adequate Emergency Shelter
Grant Program ("ESGP") funds from the TDCA to meet the CITY 's
liabilities under this Contract If adequate funds are not
available to make payments under this Contract, the CITY shall
notify CONTRACTOR in writing within a reasonable time after such
fact has been determined The CITY may, at its option, either
reduce the amount of its liability, as specified in Subsection A
of this Section or terminate the Contract If ESGP funds
eligible for use for purposes of this Contract are reduced, the
CITY shall not be liable for further payments due to CONTRACTOR
under this Contract
(2) It is expressly understood that this Contract in no
way obligates the General Fund or any other monies or credits of
the City of Denton
(3) The 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,
PAGE 2
(c) is not in strict accordance with the terms of
this Contract, including all exhibits attached
hereto,
(d) has not been billed to the CITY within thirty
(30) calendar days following billing to the
CONTRACTOR, or termination of the Contract,
whichever is earlier,
(e) is not an allowable cost as defined by Section XI
of this Contract or the project budget
(4) The CITY shall not be liable for any cost or portion
thereof which is incurred with respect to any activity of the
CONTRACTOR requiring prior written authorization from the CITY,
or after the CITY has requested that the CONTRACTOR furnish data
concerning such action prior to proceeding further, unless and
until the CONTRACTOR is therefore advised by the CITY to proceed
(5) The CITY shall not be obligated or liable under this
Contract to any party other than the CONTRACTOR for payment of
any monies or provision of any goods or services
IV
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A The CONTRACTOR understands that funds provided to it
pursuant to this Contract and agreement are funds which have been
made available to the CITY by the State Government under the
Stewart B McKinney Homeless Assistance Act, Title IV of
P L 100-77 and the McKinney Amendment Act, (P L 100-628), as
amended, in accordance with an approved Grant Application and
specific assurances Accordingly, the CONTRACTOR assures and
certifies that it will comply with the requirements of the
McKinney Act, as amended and with regulations promulgated
thereunder, and codified at 24 CFR, which in no way is meant to
constitute a complete compilation of all duties imposed upon the
CONTRACTOR by law or administrative ruling, or to narrow the
standards which the CONTRACTOR must follow
The CONTRACTOR further assures and certifies that if the
regulations and issuances promulgated pursuant to the Act are
amended or revised, it shall comply with them, or notify the
CITY, as provided in Section XXIV D of this Contract
B The CONTRACTOR shall comply with all applicable laws,
ordinances and codes of the State of Texas and the City of Denton
CONTRACTOR shall make known that use of the facilities
PAGE 3
and services funded under this Contract are available to all on a
non-discriminatory basis CONTRACTOR shall implement procedures
designed to make available to interested persons information
concerning the existence and location of services and facilities
that are accessible to persons with a handicap CONTRACTOR shall
administer, in good faith, a policy designed to ensure that its
homeless facility is free from the illegal use, possession or
distribution of drugs or alcohol
V
REPRESENTATIONS
A The 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 the CONTRACTOR, do hereby warrant and guarantee that
he/she, or they, have been fully authorized by the CONTRACTOR to
execute this Contract on behalf of the CONTRACTOR and to validly
and legally bind the CONTRACTOR to all terms, performances and
provisions herein set forth
C The CITY shall have the right, at its option, to either
temporarily suspend or permanently terminate this Contract if
there is a dispute as to the legal authority of either the
CONTRACTOR or the person signing the Contract to enter into this
Contract The CONTRACTOR is liable to the CITY for any money it
has received from the CITY for performance of the provisions of
this Contract if the CITY has suspended or terminated this
Contract for the reasons enumerated in this Section
D The CONTRACTOR agrees that the funds and resources
provided the CONTRACTOR under the terms of this Contract will in
no way be substituted for funds and resources from other sources,
nor in any way serve to reduce the resources, services, or other
benefits which would have been available to, or provided through,
the CONTRACTOR had this Contract not been executed
VI
PERFORMANCE BY CONTRACTOR
The CONTRACTOR will provide, oversee, administer, and carry
out all of the activities and services set out in the budget
attached hereto and incorporated herein for all purposes as
Exhibit "A," utilizing the funds described and incorporated
herein for all purposes and deemed by both parties to be
PAGE 4
necessary and sufficient payment for full and satisfactory per-
formance of the program, as determined solely by the CITY and in
accordance with all other terms, provisions and requirements of
this Contract
No modifications or alterations may be made in the budget
without the prior written approval of the City's Executive
Director of Planning and Development, or his/her authorized
representative
VII
PAYMENTS TO CONTRACTOR
A The CONTRACTOR must maintain a separate numbered account
for the receipt and disbursement of all funds received under
this Contract and any program income resulting therefrom The
CONTRACTOR further agrees that
(1) Such account shall contain only the funds received
pursuant to this Contract and that no other funds shall be
mingled with funds in such account, except funds deemed to be
program income as defined in Section XII of this Contract
CONTRACTOR shall support all checks and withdrawals from said
account with itemized documentation of costs under this Contract
Upon the CONTRACTOR's written request and solely
within the discretion of the CITY, an alternative accounting
mechanism may be permitted, provided such alternative adheres at
all times to generally accepted accounting principles
(2) Said account shall be maintained, under conditions
approved by the CITY, in a financial institution, with federal
deposit insurance coverage and the balance, if any, exceeding the
federal deposit insurance coverage, shall be collaterally secured
B Method of Payment Payment by the City for services
provided hereunder shall be made as follows
5,000 on September 1, 1989
5,000 on January 5, 1990
C Excess Payment CONTRACTOR shall refund to the CITY
within ten working days of the CITY's request, any sum of
money which has been paid by the CITY and which the CITY at any
time thereafter determines
(1) has resulted in overpayment to CONTRACTOR or,
(2) has not been spent strictly in accordance with the
PAGE 5
terms of this Contract, or
(3) is not supported by adequate documentation to fully
justify the expenditure
D Disallowed Costs Upon termination of the Contract,
should any expense or charge for which payment has been made be
subsequently disallowed or disapproved as a result of any audit-
ing or monitoring by the CITY, the Department of Housing and
Urban Development, or any other Federal agency, the CONTRACTOR
will refund such amount to the CITY within ten (10) working days
of written notice to CONTRACTOR, specifying the amount disallowed
Refunds of disallowed costs may not be made from these or
any other funds received from or through the CITY
E Deobli ation of Funds In the event that actual
expenditure rates deviate rom CONTRACTOR's provision of a
corresponding level of performance, as specified in Exhibit A,
the CITY hereby reserves the right to reappropriate or recapture
any such under-expended funds
F Contract Close Out A final expenditure report shall
be submitted by the CONTRACTOR to the CITY within fifteen (15)
working days following the close of this Contract period uti-
lizing the form agreed upon by the CITY and CONTRACTOR Any
monies not spent by CONTRACTOR shall be returned to CITY
VIII
OWNERSHIP OF PROPERTY
All equipment must be purchased by the CITY's Purchasing
Department through the Community Development Office Equipment
or major non-recurring expenses ($200 00 or more) may not be
purchased without written consent of the CITY during the last
four months of this Contract
Written notification must be received by the CITY within five
(5) calendar days of delivery of non-expendable property in order
for the CITY to effect identification and recording for inventory
purposes The CONTRACTOR shall maintain adequate accountability
and control over such property, shall maintain adequate property
records, and perform an annual physical inventory
IX
WARRANTIES
The CONTRACTOR represents and warrants that
PAGE 6
A All information, reports and data heretofore or hereafter
requested by the CITY and furnished to the CITY, is 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 the CITY
B Any supporting financial statements heretofore requested
by the CITY and furnished to the CITY, are complete, accurate and
fairly reflect the financial condition of the 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 condition of the CONTRACTOR
C No litigation or proceedings are presently pending or
threatened against the CONTRACTOR
D None of the provisions herein contravenes or is in
conflict with the authority under which the CONTRACTOR is doing
business or with the provisions of any existing indenture or
agreement of the CONTRACTOR
E The 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
this Contract
F None of the assets of the 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 the CONTRACTOR to the City
Each of these representations and warranties shall be
continuing and shall be deemed to have been repeated by the
submission of each request for payment
X
COVENANTS
During the period of time that payment may be made hereunder
and so long as any payments remain unliquidated, the CONTRACTOR
shall not, without the prior written consent of the Executive
Director of Planning and Development or his/her authorized
representative
A Mortgage, pledge, or otherwise encumber or suffer to be
encumbered, any of the assets of the CONTRACTOR now owned or
hereafter acquired by it, or permit any pre-existing mortgages,
liens, or other encumbrances to remain on, or attached to, any
PAGE 7
assets of the CONTRACTOR which are allocated to the performance
of this Contract and with respect to which the CITY has ownership
hereunder
B Sell, assign, pledge, transfer or otherwise dispose of
accounts receivables, notes or claims for money due or to become
due
C Sell, convey, or lease all or substantial part of its
assets
D Make any advance or loan to, or incur any liability for
any other firm, person, entity or corporation as guarantor,
surety, or accommodation endorser
E Agrees to provide an amount of funds equal to the amount
provided by the City (CONTRACTOR'S Match) during the term of this
Contract This amount shall include $2,400 in rental paid by
CONTRACTOR and $7,600 paid in salaries CONTRACTOR certifies
that these funds were not used to match funds for a previous ESCP
XI
ALLOWABLE COSTS
A Costs shall be considered allowable only if incurred
directly specifically in the performance of and in compliance
with this Contract and in conformance with the standards and
provisions of Exhibit "A "
B Approval of CONTRACTOR's budget does not constitute prior
written approval, even though certain items may appear herein
The City's prior written authorization is required in order for
the following to be considered allowable costs
(1) Any Sub-contracts
(a) The City shall not be obligated to any third
parties (including any subcontractors of the CONTRACTOR) and CITY
funds shall not be used to pay for any contract service extending
beyond the expiration of this Contract
(2) Out of town travel
(3) Costs or fees for temporary employees or services
(4) Any fees or payments for consultant services
(5) Fees for attending out of town meetings, seminars or
conferences
PAGE 8
Written requests for prior approval are the CONTRACTOR's
responsibility and shall be made within sufficient time to permit
a thorough review by the CITY Written approval by the CITY must
be obtained 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
XII
PROGRAM INCOME
A For purposes of this Contract, program income means
earnings of the CONTRACTOR realized from activities resulting
from this Contract or from the CONTRACTOR's management of funding
provided or received hereunder Such earnings include, but are
not limited to, income from interest, usage or rental/lease fees,
income produced from contract-supported services of individuals
or employees or from the use of equipment or facilities of
CONTRACTOR provided as a result of this Contract, and payments
from clients or third parties for services rendered by CONTRACTOR
under this Contract
B On a monthly basis, CONTRACTOR shall report and return to
the CITY, all program income received or accrued during the
preceding month Alternative arrangements to this requirement
may be made upon written request to, and written approval by the
CITY
C Records of the receipt and disposition of program income
must be maintained by the CONTRACTOR in the same manner as
required for other Contract funds, and reported to the CITY in
the format prescribed by the CITY
D The CONTRACTOR shall include this Section in its entirety
in all of its sub-contracts which involve other income-producing
services or activities
E It is the CONTRACTOR'S responsibility to obtain from the
CITY a prior determination as to whether or not income arising
directly or indirectly from this Contract, or the performance
thereof, constitutes program income The CONTRACTOR is respon-
sible to the CITY for the repayment of any and all amounts
determined by the CITY to be program income, unless otherwise
approved in writing by the CITY
PAGE 9
XIII
MAINTENANCE OF RECORDS
A The 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 com-
pliance with the provisions of Exhibit "A," attached hereto, and
with any other applicable Federal and State regulations establish-
ing standards for financial management CONTRACTOR's record
system shall contain sufficient documentation to provide in
detail full support and justification for each expenditure
Nothing in this Section shall be construed to relieve the
CONTRACTOR of fiscal accountability and liability under any other
provision of this Contract or any applicable law The CONTRACTOR
shall include the substance of this provision in all subcontracts
B The CONTRACTOR agrees to retain all books, records,
documents, reports, and written accounting policies and pro-
cedures pertaining to the operation of programs and expenditures
of funds under this Contract for the period of time and under the
conditions specified by the CITY
C Nothing in the above subsections shall be construed to
relieve the 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 the CITY may deem
necessary, the CONTRACTOR shall make available to the CITY, TDCA,
or any of their authorized representatives, all of its records
and shall permit the CITY, TDCA, or any of their 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 employ-
ment and all other data requested by said representatives
XIV
REPORTS AND INFORMATION
At such times and in such form as the CITY may require, the
CONTRACTOR shall furnish such statements, records, data and
information as the CITY may request and deem pertinent to matters
covered by this Contract
Regular performance reports, shall be submitted to the CITY
by the CONTRACTOR no later than once each three months, com-
mencing August 1, 1989 The performance report shall detail
client information, including race, income and other such
statistics required by CITY The CONTRACTOR agrees to gather
PAGE 10
information and data relative to all programmatic and financial
reporting as of the beginning date specified in Section II and
furnish to CITY bi-monthly of all income received and funds
expended
XV
MONITORING AND EVALUATION
A The CITY shall perform on-site monitoring of CONTRACTOR's
performance under this Contract
B The CONTRACTOR agrees that the CITY may carry out
monitoring and evaluation activities to ensure adherence by the
CONTRACTOR to the Work Statement, and Program Goals and Objec-
tives, which are attached hereto as "Exhibit A," as well as other
provisions of this Contract
C The CONTRACTOR agrees to cooperate fully with the CITY in
the development, implementation and maintenance of record-keeping
systems and to provide data determined by the CITY to be neces-
sary for the CITY to effectively fulfill its monitoring and
evaluation responsibilities
D The CONTRACTOR agrees to cooperate in such a way so as
not to obstruct or delay the 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 visit, the CITY shall
provide the CONTRACTOR with a written report of monitoring
findings
F Copies of any fiscal, management, or audit reports by any
of the CONTRACTOR's funding or regulatory bodies will be submit-
ted to the CITY within five (5) working days of receipt by the
CONTRACTOR
XVI
DIRECTORS' MEETINGS
During the term of this Contract, the CONTRACTOR shall cause
to be delivered to the 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 the 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 under-
stands and agrees that CITY representatives shall be afforded
PAGE 11
access to all Board of Directors' meetings
Minutes of all meetings of the CONTRACTOR's governing body
shall be submitted to the CITY within ten (10) working days of
approval
XVII
INSURANCE
A The CONTRACTOR shall observe sound business practices
with respect to providing such bonding and insurance as would
provide adequate coverage for projects under this Contract
B The premises on and in which the activities described in
the Work Statement, "Exhibit A," are conducted, and the employees
conducting these activities, shall be covered by premise lia-
bility insurance, commonly referred to as "Owner/ Tenant" coverage
with the CITY named as an additional insured Upon request of
the CONTRACTOR, the CITY may, at its sole discretion, approve
alternate insurance coverage arrangements
C The CONTRACTOR will comply with applicable workers'
compensation statutes and will obtain employers' liability
coverage where available and other appropriate liability coverage
for program participants, if applicable
D All non-expendable property acquired under the provisions
of this Contract must be adequately insured against fire, theft,
and loss, with the CITY named as co-insured
E The CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
the CONTRACTOR All employees of the CONTRACTOR who drive a
vehicle in the normal scope and course of their employment must
possess a valid Texas drivers' license and liability insurance
Evidence of the employee's current possession of a valid license
and insurance must be maintained on a current basis in the
CONTRACTOR's files
F Actual losses not covered by insurance as required by
this Section are not allowable costs under this Contract, and
remain the sole responsibility of the CONTRACTOR
XVIII
EQUAL OPPORTUNITY
A All CONTRACTORS receiving funding in excess of $10,000
PAGE 12
will submit for CITY 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 Contract
B All CONTRACTORS shall comply with all applicable equal
employment opportunity and affirmative action laws or regulations
C The CONTRACTOR or SUBCONTRACTOR will furnish all infor-
mation 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 the CONTRACTOR's or SUBCONTRACTOR's
non-compliance with the non-discrimination requirements, the
Contract may be cancelled, terminated, or suspended in whole or
in part, and the CONTRACTOR or SUBCONTRACTOR may be barred from
further contracts with the CITY
XIX
PERSONNEL POLICIES
Personnel policies shall be established by the CONTRACTOR
and shall be available for examination such personnel policies
shall
A Be no more liberal than the CITY's personnel policies,
procedures, and practices, including policies with respect to
employment, 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 the CONTRACTOR and by the CITY
XX
CONFLICT OF INTEREST
A The 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 The CONTRACTOR further covenants that in the per-
formance of this Contract, no person having such interest shall
be employed or appointed as a member of its governing body
B The CONTRACTOR further covenants
that no member of its
PAGE 13
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 the CITY and no member
of its governing body who exercises any function or responsi-
bilities 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
XXI
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,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister
XXII
POLITICAL OR SECRETARIAN ACTIVITY
A None of the performance rendered hereunder shall involve,
and no portion of the funds received by the 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 the CONTRACTOR hereunder
shall be used for or applied directly or indirectly to the
construction, operation, maintenance or administration, or be
utilized so as to benefit in any manner any sectarian or re-
ligious facility or activity
PAGE 14
XXIII
FUNDING APPLICATIONS
The CONTRACTOR agrees to notify the CITY each time the
CONTRACTOR is preparing or submitting any application for
funding The following procedures must be adhered to
A When the application is in the planning stages, a
description of the funds being applied for, and proposed use of
funds, must be submitted by the CONTRACTOR to the CITY
B Upon award of or notice of award, whichever is sooner,
the CONTRACTOR shall notify the 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 the
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 The CONTRACTOR shall not use funds provided hereunder,
either 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
the CITY
XXIV
CHANGES AND AMENDMENTS
A Any change in the terms of this Contract shall be by
amendment hereto in writing and executed by both parties hereto,
except when the terms of this Contract expressly provide that
another method shall be used
B The CONTRACTOR may not make transfers between or among
approved line-items within budget categories of the Budget,
Exhibit "A," without prior written approval of the CITY
CONTRACTOR shall request the budget revision in writing in a form
prescribed by the CITY, and such request for revision shall not
increase the total monetary obligation of the CITY under this
Contract In addition, budget revisions cannot significantly
change the nature, intent, or scope of the program funded under
this Contract
C CONTRACTOR will submit revised budget and program
information, whenever the level of funding for the CONTRACTOR or
the program(s) described herein is altered according to the total
levels contained in any portion of Exhibit "A"
PAGE 15
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 during the term of this Contract Any
such modifications are to be automatically incorporated into this
Contract without written amendment hereto, and shall become a
part of the Contract on the effective date specified by the law
or regulation
E The CITY may, from time to time during the term of the
Contract, request changes in the Work Statement, Exhibit "A,"
which may include an increase or decrease in the amount of the
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 "A," Budget, shall require
the prior written approval of the CITY
G CONTRACTOR agrees to notify the CITY in writing, of any
proposed change in physical location for work performed under
this Contract at least thirty (30) calendar days in advance of
the change
H CONTRACTOR shall notify the CITY of any changes in
personnel or governing board composition
I It is expressly understood that neither the performance
of the Budget, Exhibit "A," for any program contracted hereunder
nor the transfer of funds between or among said programs will be
permitted
XXV
SUSPENSION OF FUNDING
Upon determination by the CITY of the CONTRACTOR's failure to
timely and properly perform each of the requirements, time
conditions and duties provided herein, the CITY, without limiting
any rights it may otherwise have, may at its discretion, and upon
ten (10) working days written notice to the CONTRACTOR, withhold
further payments to the CONTRACTOR Such notice may be given by
mail to the Executive Officer and the Board of Directors of
CONTRACTOR The notice shall set forth the default or failure
alleged, and the action required for cure
The period of such suspension shall be of such duration as is
appropriate to accomplish corrective action, but in no event
shall it exceed thirty (30) calendar days At the end of the
PAGE 16
suspension period, if the CITY determines the default or defi-
ciency has been satisfied, the CONTRACTOR may be restored to full
compliance status and paid all eligible funds withheld or
impounded during the suspension period If, however, the CITY
determines that CONTRACTOR has not come into compliance, the
provisions of SECTION XXVI may be effectuated
XXVI
TERMINATION
A The CITY may terminate this Contract with 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 Contract
(3) Termination or reduction of funding by the United
States Department of Housing and Urban Development
(4) Finding by the CITY that the CONTRACTOR
(a) is in such unsatisfactory financial condition as
to endanger performance under this Contract,
(b) has allocated inventory to this Contract sub-
stantially exceeding reasonable requirements,
(c) is delinquent in payment of taxes, or of costs of
performance of this Contract in the ordinary
course of business
(5) Appointment of a trustee, receiver or liquidator for
all or substantial part of the CONTRACTOR's property, or insti-
tution of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against the CONTRACTOR
(6) CONTRACTOR's inability to conform to changes required
by Federal, State and local laws and/or regulations as provided
in Section IV, and Section XXIV (D) , of this Contract
(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 Contract
PAGE 17
The CITY shall promptly notify CONTRACTOR in writing of
the decision to terminate and the effective date of termination
B The CITY may terminate this Contract for convenience at
any time
If this Contract is terminated by the CITY for con-
venience, the CONTRACTOR will be paid an amount not to exceed the
total of accrued expenditures as of the effective date of
termination In no event will this compensation exceed an amount
which bears the same ratio to the total compensation as the
services actually performed bears to the total services of the
CONTRACTOR covered by the Contract, less payments previously made
C The CONTRACTOR may terminate this Contract in whole or in
part, by written notice to the CITY, if a termination of outside
funding occurs upon which the CONTRACTOR depends for performance
hereunder The CONTRACTOR may opt, within the limitations of
this Contract, to seek an alternative funding source, with the
approval of the CITY, provided the termination by the outside
funding source was not occasioned by a breach of contract as
defined herein or as defined in a contract between the CONTRACTOR
and the funding source in question
The CONTRACTOR may terminate this Contract upon the
dissolution of the CONTRACTOR organization not occasioned by a
breach of this Contract
D Upon receipt of notice to terminate, the CONTRACTOR shall
cancel, withdraw, or otherwise terminate any outstanding orders
or subcontracts which relate to the performance of this Contract
The CITY shall not be liable to the CONTRACTOR or CONTRACTOR's
creditors for any expenses, encumbrances or obligations what-
soever incurred after the termination date
E Notwithstanding any exercise by the CITY of its right of
suspension or termination, CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue
of any breach of the Contract by CONTRACTOR, and the CITY may
withhold any reimbursement to the CONTRACTOR until such time as
the exact amount of damages due to the CITY from CONTRACTOR is
agreed upon or otherwise determined
XXVII
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is
PAGE 18
made or brought by any person(s), firm, corporation or other
entity against the CONTRACTOR, CONTRACTOR shall give written
notice thereof to the CITY within two (2) working days after
being notified 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 proceeding, the basis of such claim, action or pro-
ceeding, and the name of any person(s) against whom such claim is
being made or threatened Such written notice shall be delivered
either personally or by mail
XXVIII
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assign
this Contract or any interest therein, or any claim arising
thereunder, to any party or parties, bank, trust company or other
financial institution without the prior written approval of the
CITY
B If any provision of this Contract is held to be invalid,
illegal, or unenforceable, the remainder shall remain in full
force and effect and continue to conform to the original intent
of both parties hereto
XXIV
INDEMNIFICATION
A It is expressly understood and agreed by both parties
hereto that the CITY is contracting with the CONTRACTOR as an
independent contractor and that as such, the CONTRACTOR shall
save and hold the 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 performance or omission of
any employee, agent or representative of the CONTRACTOR
B CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless the CITY its agents, employees, or
contractors from any and all claims, suits, causes of action,
demands, 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 cause by
the willful act or omission of the CITY, its agents, employees,
PAGE 19
or contractors
c In no event shall any payment to the CONTRACTOR here-
under, or any other act or failure of the 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
the CITY of any breach of covenant or default which may then or
subsequently be committed by the CONTRACTOR Neither shall such
payment, act, or omission in any manner impair or prejudice any
right, power, privilege, or remedy available to the CITY to
enforce its rights hereunder, which rights, powers, privileges,
or remedies are always specifically preserved No representative
or agent of the CITY may waive the effect of this provision
D This Contract, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, under-
standing 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
subsequent thereto, have any legal force or effect whatsoever,
unless properly executed in writing, and if appropriate, recorded
as an addendum to, or amendment of, this Contract
E In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Contract or its governing rules,
codes, laws, ordinances or regulations, the CITY as the party
ultimately responsible to HUD and TDCA for matters of compliance,
will have the final authority to render or to secure an interpre-
tation
F For purposes of this Contract, all official communi-
cations and notices among the parties shall be deemed made if
sent postage paid to the parties and address set for below
TO THE CITY
TO CONTRACTORS
City Manager
City of Denton
215 E McKinney St
Denton, Texas 76201
Director
H 0 P E , Inc
1213 N Locust
Denton, Texas 76201
ESS OF ICH thi Agreement as been executed on this
the day of G&1940 PAGE 20
CITY OF DENTON
BY
ATTEST
.
C
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
H 0 P E , Inc
BY 6ak 6 ctAo-,
BOARD PRESIDENT
ATTEST
PAGE 21
EXHIBIT A
BUDGET
Total Budget $10,000
Average cost per family per month
(includes rent and food assistance) $500 00
Total number of service months 20
This amount will serve 20 families for 30 days each
or
10 families for 60 days each
or
7 families for 90 days each
Funds will be utilized to pay food and rent assistance
only
Page 22
EXHIBIT J#
WORK STATEMENT
HOPE
GOAL To assist families in crisis who are homeless or are
about to become homeless by providing a support
system The support system stresses self-
sufficiency through budget and employment
counseling
OBJECTIVES To ensure families have adequate housing by
provision of rental or mortgage payments over
a short term (30 to 60 day) period
To provide food assistance to families
To assist adult family members in obtaining
employment through job counseling
To encourage family fiscal responsibility
through budget counseling
To help families gain assistance from existing
social service agencies
Page 23