2012-065oxDnv�vcE No. . 2012-065
AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS ACCEPTING A
PROPOSAL AND AWARDING A"SERVICE AGREEMENT FOR 2012-2014 FOR PLUS ONE
PROGRAM BY AND BETWEEN THE CITY OF DENTON, TEXAS AND INTERFAITH
MINISTRIES," FOR A UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME DENTON
HOUSEHOLDS 1N AN AMOUNT NOT-TO-EXCEED $85,000 PER YEAR; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has reviewed the proposal of Interfaith Ministries regarding a
Utility Assistance Program known as the PLUS ONE Program which provides for utility assistance
for low-income households; and hereby recommends that the proposal of Interfaith Ministries is
appropriate for the administration of the Utility Assistance Program in the City, as proposed and
submitted; and
WHEREAS, funding for the Utility Assistance Program will be provided by: (1) charitable
contributions made to the PLUS ONE program by citizens and (2) by an allocable portion of Denton
Municipal Utilities late payment penalty funds contributed to the Utility Trust Fund to be
determined by the City of Denton on a regular basis,
WHEREAS, the proposal of Interfaith Ministries approved herein shall be the successor to
the existing PLUS ONE Program, which is also administered by Interfaith Ministries; the Council
finds that this program is and will be beneficial to utility ratepayers and is in the best interest of its
citizens; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are incorporated herewith for
all purposes.
SECTION 2. The City Manager is hereby authorized to execute and accept the "Service
Agreement for 2012-2014 for Plus One Program by and between the City of Denton, Texas and
Interfaith Ministries" (hereafter the "Agreement") for the administration of the Utility Assistance
Program for such services, which proposed Agreement is attached hereto, as Exhibit "A" and is
incorporated herewith by reference
SECTION 3. By the approval and acceptance of the above Agreement, the City accepts the
offer of Interfaith Ministries, and agrees to fund the services in accordance with the terms and
standards as set forth in the Agreement.
SECTION 4. By the acceptance and approval of the above Agreement, the City Council
hereby authorizes the expenditure of funds therefore, in accordance with the Agreement.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
�
PASSED AND APPROVED this the � day of April, 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR VED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
'1
By: '
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MARK A. BURROUG S, AYOR
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SERVICE AGREEMENT FOR 2012-2014
FOR PLUS ONE PROGRAM
BY AND BETWEEN
THE CITY OF DENTON, TEXAS AND INTERFAITH MINISTRIES
This Agreement is made and entered into by and between the City of Denton, Texas, a
Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance,
hereinafter referred to as "CITY," and Interfaith Ministries, 1109 N. Elm Street., Denton, Texas
76201, a Texas non-profit corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has received certain charitable contributions and allocated a portion
of utility revenue received by it to assist utility customers who face termination of utility services
due to financial hardship through the CITY's "Utility Assistance Program;" and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishment of the conditions hereinafter
described.
1. TERM
This Agreement shall commence on April 3, 2012, and shall terminate on September 30,
2014, unless sooner terminated in accordance with Section 22 "Termination" of this Agreement.
A two-year extension of the agreement may be granted upon approval of both the
CONTRACTOR and the CITY.
2. RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all services and
activities described in the "Utility Assistance Program Guidelines" attached hereto as Exhibit
"A," and incorporated herein by reference, in a satisfactory and efficient manner as determined
by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive
officer to be CONTR.ACTOR'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 Administratar will be CITY's representative
responsible for the administration of this Agreement.
3. CITY'S OBLIGATION
A. Limit of Liability. On a monthly basis, CITY will initially provide CONTRACTOR with
a set amount of funding equal to or less than the amount of funding CITY has available in the
Utility Assistance Trust Fund account. The Utility Assistance trust account holds funds that
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have been contributed by citizens. Supplemental funding will be provided by CITY using utility
revenues. The amount of supplemental funds to be provided by CITY will be determined by
staff based on community needs as reported by CONTRACTOR. The City Council will review
the annual funding levels, if any, on an annual basis beginning in October 2012. The annual
funding amount to be provided to CONTRACTOR is $75,000 to be allocated at a rate of
$6,333.33 per calendar month during the term ending September 30, 2014. Funds are to be
distributed by CONTRACTOR to those utility customers who meet the criteria of the Utility
Assistance Program. On a quarterly basis, CITY will review expenditure documentation and
reconcile payments and expenditure records. At any time, if CITY funds on hand are exhausted,
CONTRACTOR may submit additional payment requests to CITY. If excess funds are on hand
at the time of the annual review, CITY may elect to decrease the next year's funding by the
amount in reserve.
B. Measure of Liabilitv. In consideration of full and satisfactory services and activities
hereunder by CONTRACTOR, CITY agrees that CONTR.ACTOR can recover administrative
costs from the funds subject to the limitations and provisions set forth in this Section and Section
9 of this Agreement.
(1) The parties expressly understand and agree that CITY's obligations under this Section are
contingent upon the actual receipt of contributions from the utility customers of the CITY
as well as the annual approval by the City Council to allocate supplemental funds. If
there are no contributions in the Utility Assistance trust fund account or the allocation of
revenue changes for any month, CITY shall notify CONTRACTOR in writing within a
reasonable time after such facts have been determined. Changes to contributions or
funding for any particular month shall not make the CITY liable for any costs that the
CONTRACTOR may incur for the administration of the Utility Assistance program.
(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 obligated or liable under this Agreement to any party for providing
funds or provision of any goods or services other than to CONTRACTOR.
4. COMPLIANCE WITH FEDERAL,
STATE and LOCAL LAWS
CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of Denton.
5. 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
Agreement.
B. The person or persons signing and executing this Agreement on behalf of
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CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully
authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to
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 this Agreement if there is a dispute as to the legal authority of either CONTRACTOR
or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to
CITY for any money it 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 of this Agreement 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, CONTRACTOR had this Agreement not been
executed.
6. PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out all of the activities and
services set out in the "Utility Assistance Program Guidelines," attached hereto and incorporated
herein for all purposes as Exhibit "A," and in accordance with all other terms, provisions and
requirements of this Agreement.
No modifications or alterations may be made in the Utility Assistance Program's
guidelines without the prior written approval of the CITY.
7. WARRANTIES
CONTRACTOR represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and
furnished 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 fairly reflect the fmancial 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 condition of CONTRACTOR.
C. No litigation or legal proceedings are presently pending or threatened against
CONTRACTOR.
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D. None of the provisions herein contravenes or is in conflict 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 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 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 continuing and shall be
deemed to have been repeated by the submission of each request for payment.
8. COVENANTS
A. During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, CONTRACTOR shall not:
(1) Use the funds provided for any use other than those provided for in the
"Utility Assistance Program Guidelines."
9. ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred directly and specifically in the
performance of and in compliance with this Agreement.
B. CITY's prior written authorization is required in order for the following to be considered
allowable costs:
(1) CITY shall not be obligated to any third parties, including any subcontractors of
CONTRACTOR, and CITY funds shall not be used to pay for any contract
service extending beyond the expiration of this Agreement.
(2) Out of town travel of CONTRACTOR.
(3) Any alterations or relocation of the facilities on and in which the activities
specified in Exhibit "A" are conducted.
(4) Costs or fees for temporary employees or services.
(5) Any fees or payments for consultant services payable to CONTRACTOR or
CONTRACTOR' S Consultants.
(6) Fees for attending out of town meetings, seminars or conferences.
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Written requests for prior approval are CONTRACTOR's responsibility and shall be
made within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain
written approval by CITY prior to the commencement of procedures to solicit or purchase
services, equipment, or real or personal property. Any procurement or purchase which may be
approved under the terms of this Agreement must be conducted in its entirety in accordance with
the provisions of this Agreement.
A. Program administration costs recovered monthly by CONTRACTOR for Utility Service
Trust Funds made available by City equal to $14,000 per calendar year, shall be paid at
the rate of $1166.67 per calendar month during the term ending September 30, 2014.
10. MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain written records that will provide accurate, current,
separate, and complete disclosure of the status of the funds received under this
Agreement, in compliance with the provisions of this Agreement and the Utility
Assistance Program Guidelines, and with any other applicable Federal and State
regulations establishing standards for fmancial management. CONTRACTOR's record
system shall contain sufficient documentation to provide in detail full support and
justification for each expenditure. Nothing in this Section sha11 be construed to relieve
CONTRACTOR of fiscal accountability 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 pertaining to the operation of programs and expenditures of funds
under this Agreement for a period of four years following completion of the plan year.
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 Agreement.
D. Notwithstanding any other provisions of this Agreement or Utility Assistance Prograxn
guidelines, at any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make available to, all of its records pertaining solely to the matters
only dealing with this Agreement, and not otherwise 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 a11 other data requested by said representatives.
11. REPORTS AND INFORMATION
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At such times and in such form as CITY may require, CONTRACTOR shall furnish such
statements, records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement.
Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit
the most recent yearly audit conducted by independent examiners within ten (10) days after
receipt of such request from the examiners.
12. MONITORING AND EVALUATION
A. CITY shall perform on-site monitoring of CONTRACTOR's performances under this
Agreement.
B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to
ensure adherence by CONTRACTOR to the Utility Assistance Program guidelines which
are attached hereto as Exhibit A, as well as other provisions of this Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and maintenance of record-keeping systems and to provide data
determined by CITY to be necessary for CITY to effectively fulfill its monitoring and
evaluation responsibilities.
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 visit, CITY shall provide CONTRACTOR with a written
report of monitoring 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 ten (10) days of
receipt of each by CONTR.ACTOR.
13. DIRECTORS' MEETINGS
During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY
copies of all notices of ineetings of its Board of Directors, setting forth the time and place
thereof. Such notice shall be delivered to CITY in a timely manner, not less than 72 hours prior
to the meeting time, to give adequate notice, and sha11 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 sha11 be available to CITY
within ten (10) working days of approval.
Page6ofl8
14. INSURANCE
A. CONTRACTOR shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under
this Agreement. CONTRACTOR shall be allowed a reasonable time to obtain such
insurance and bonding from the time of the signing of the contract.
S. The premises on and in which the activities described in E�ibit A are conducted, and the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with CITY named as an additional
insured, within a reasonable time of signing the contract. Upon request of
CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage
arrangements.
C. CONTRACTOR will comply with applicable workers' compensation statutes and will
obtain employers' liability coverage where a�ailable and other appropriate liability
coverage for prograxn participants, if applicable.
D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles
owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who
are required to drive a vehicle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability insurance in the amounts
and coverage required by law. Evidence of the employee's current possession of a valid
license and insurance must be maintained on a current basis in CONTR.ACTOR's files.
E. Actual losses not covered by insurance as required by this Section are not allowable costs
under this Agreement, and remain the sole responsibility of CONTRACTOR.
F. The policy or policies of insurance shall contain a clause which requires that City and
Contractor be notified in writing of any cancellation of change in the policy at least thirty
(30) days prior to such change or cancellation.
15. EQUAL OPPORTUNITY
A. CONTRACTOR shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
B. CONTRACTOR will fiarnish all information and reports requested by the CITY, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state and Federal rules and regulations.
C. In the event of CONTRACTOR's non-compliance with the non-discrimination
requirements, CITY may cancel or terminate the Agreement in whole or in part, and
CONTRACTOR may be barred from further contracts with CITY.
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16. PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and shall be available for
examination. Such personnel policies shall:
A. Be consistent with 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, unless exceptions are
approved in advance, by CITY; and
B. Be in writing and shall be approved by the governing body of CONTR.ACTOR and by
CITY.
17. 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 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 sha11 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, and no
member of the Public Utility Board who exercises any function or responsibilities in the
review or approval of the undertaking or carrying out of this Agreement shall (1)
participate in any decision relating to the Agreement which affects 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 Agreement or the
proceedsthereof.
18. 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.
19. PUBLICITY
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A. Where such action is appropriate, CONTRACTOR shall publicize the activities
conducted by CONTRACTOR under this Agreement. In any and all news releases, signs,
brochures, or other advertising media, disseminating information prepared or distributed
by or for CONTRACTOR, the �advertising medium shall state that funding through the
City of Denton has made the project possible.
20. NON-RELIGIOUS ACTIVITIES
A. The CONTRACTOR will provide all services under this Agreement in a manner that is
exclusively non-religious in nature and scope. There shall be no religious services,
proselytizing, instruction or any other religious preference, influence or discrimination in
connection with providing the services hereunder.
21. POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any
political activity (including, but not limited to, an activity to further the election or defeat
of any candidate for public office) or any activity undertaken to influence the passage,
defeat or final content of legislation.
B. None of the performance rendered hereunder shall involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used for or applied directly or indirectly
to the construction, operation, maintenance or administration, or be utilized so as to
benefit in any manner any sectarian or religious facility or activity, unless specifically
authorized in writing by this contract and ordinance authorizing Utility Assistance
Program.
22. 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 transfer from the funds provided in this agreement to any
other budget item or fund unless provided for in this Agreement and Utility Assistance
Program guidelines.
C. 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 Agreement. Any
such modifications are to be automatically incorporated into this Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective
date specified by the law or regulation.
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D. CITY may, from time to time during the term of the Agreement, request changes in
EaLhibit A. Such changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
E. CONTRACTOR agrees to notify CITY in writing of any proposed change in physical
location for work performed under this Agreement at least thirty (30) calendar days in
advance of the change.
F. CONTRACTOR shall notify CITY of any and all changes in personnel or governing
board composition.
G. 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.
23. 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 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
suspension period, if CITY determines the default or deficiency has been satisfied,
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 24 may be effectuated.
24. TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph:
(1) CONTRACTOR's failure to attain compliance during any prescribed period of
suspension as provided in Section 21; or
(2) CONTR.ACTOR's violation of covenants, agreements or guarantees of this
Agreement; or
(3) Finding by CITY that CONTRACTOR:
a) is in such unsatisfactory financial condition as to endanger
performance under this Agreement; or
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b) is delinquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business; or
(4) Appointment of a trustee, receiver or liquidator for all or substantial part of
CONTRACTOR's property, or the institution of bankruptcy, reorganization,
rearrangement of, or liquidation proceedings by or against CONTRACTOR; or
(5) The commission by CONTRACTOR of an act of bankruptcy; or
(6) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is
bound or sha11 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. CONTR.ACTOR will refund any funds not yet distributed less
any administrative cost allowed by this Agreement within thirty (30) days receipt of written
notice of termination.
B. CITY may terminate this Agreement for convenience at any time. If this Agreement is
terminated by CITY for convenience, the termination shall be made effective by the
CITY giving written notice to the CONTRACTOR.
C. CONTR.ACTOR may terminate this Agreement in whole or in part by written notice to
CITY, if a termination of outside funding occurs upon which CONTRACTOR depends
for performance hereunder. CONTRACTOR may terminate this Agreement upon the
dissolution of CONTRACTOR's organization not occasioned by a breach of this
Agreement.
D. Upon receipt of notice to terminate by CITY or by termination of contract under
subsection C of this paragraph, CONTRACTOR sha11 return any funds not yet distributed
less any administrative costs allowed by this Agreement, within thirty (30) days of the
termination.
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.
25. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any
person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written notice thereof to 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 proceeding; and the name of any person(s)
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against whom such claim is being made or threatened. Such written notice shall be delivered
either personally, by e-mail or by mail.
26. 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 a111oss or 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 CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless
CITY its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of the
use of these contracted funds and program administration and implementation except to
the extent caused by the willful act or omission of CITY, its agents, employees, or
contractors.
27. MISCELLANEOUS
A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder, to any party or parties, company or other
institution without the prior written approval of CITY.
B. If any provision of this Agreement 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 sha11 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 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 provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding or other commitment antecedent to this Agreement, whether written or
oral, shall have no force or effect whatsoever; nor shall an agreement, assertion,
statement, understanding; or other commitment occurring during the term of this
Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless
Page 12 of 18
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
pertaining to the interpretation or meaning of any part of this Agreement or its governing
rules, codes, laws, ordinances or regulations, CITY will have the final authority to render
or to secure an interpretation.
F. For purposes of this Agreement, all official communications and notices among the
parties shall be deemed made if sent postage paid or hand-delivered to the parties at the
address set forth below:
TO CITY:
Community Development Administrator
City of Denton, Texas
101 South Locust, Suite 500
Denton, Texas 76205
TO CONTRACTOR:
Condell Garden, Exec. Director
Interfaith Ministries
1109 North Elm St.
Denton Texas 76201
G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and
exclusive venue of any litigation concerning this Agreement shall be in a court of
competent jurisdiction sitting in Denton County, Texas.
IN WITNESS WHEREOF this Agreement has been executed on this the �"� day of
April, 2012.
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GE RG CAMPBELL, CI Y MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
By: r
APPROVED AS TO LEGAL FORM:
AIVITA BURGESS, CITY ATTORNEY
Page 13 of 18
% /�'
B�: � V
"CONTRACTOR"
ATTEST:
By: �, /� . � ,
BOARD SECRETARY
INTERFAITH MINISTRIES
B C•�L���i(/
Y•
CONDELL GARDEN
EXECUTIVE DIRECTOR
Page 14 of 18
EXHIBIT A
UTILITY ASSISTANCE PROGRAM
GUIDELINES
This utility funding program is set up to encourage utility customers to add a monthly
contribution amount to their utility bill or payment. In addition, Denton Municipal Utilities may
from time-to-time allocate an agreed upon amount of revenue to supplement customer donations.
The funds will be used to provide financial assistance to utility customers experiencing financial
hardship and whose service is pending termination or has been terminated for reason of non-
payment. These funds are first collected by the City of Denton and placed in a special Trust
Fund designated solely for this utility assistance program. The City of Denton then disburses the
funds on a monthly basis to the CONTRACTOR, who administers the program.
A. The following guidelines will apply to the use of Program funds to provide assistance:
1. Qualifying Denton Municipal Utility customers will be eligible for only one
payment during a twelve-month period, unless otherwise qualified and designated
as an extreme hardship.
2. Persons receiving assistance must be a City of Denton residential service
customer and have received a statement that reflects a previous balance,
indicating that the customer's utility service is in jeopardy of disconnection.
3. Assistance may be used for short-term crisis intervention to restore or maintain
utility service.
4. Apparent consistent excessive utility usage will be a negative factor in
determining eligibility. These cases will be referred to the City of Denton
Customer Service Department for review prior to considering and/or providing
Program assistance.
5. The overall financial resources available to the applicant will be considered in
determining eligibility.
6. Program assistance will be in the form of payment made or obligated to the City
of Denton for Denton Municipal Utility �service only. There will no
disbursements other than to the City of Denton, Texas by CONTRACTOR.
7. Priority will be given to households whose circumstances are as follows:
a. Gross family income 65% or less of Area Median Income (AMI).
b. Electricity powered life-support systems are in use.
c. Serious illness exists with a member of the household.
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d. Disabled or homebound or elderly residents age 65 years or above, existing on
a fixed income.
e. Small children of that household reside at the dwelling.
£ Recent emergencies such as home fire, layoffs from work, excessive medical
expenses, etc., have occurred and are beyond the applicant's control.
8. Preferences will be given to families that meet the income guidelines, have
resided in Denton for at least six (6) months, and families who have not received
utility assistance within twelve months of the current application.
9. Although income is not the only criteria for determining eligibility, it will serve as
a strong indicator of need and ability to pay. All requests will be treated on a
case-by-case basis.
B. The following are the current guidelines for Program administration:
l. CONTRACTOR is required to provide monthly or quarterly financial and/or
beneficiary reports to the CITY and give a Program accounting to the Public
Utilities Board, not less than once per year if requested. The annual report for the
preceding calendar year shall be delivered to the CITY no later than February l,
of each subsequent year that this Agreement is in effect.
2. A portion of Program funds may be used to help cover Program administration
costs not-to-exceed the amount of the bid.
3. It is the responsibility of the Utilities Customer Service Department to obtain the
dollar amount donated by customers each month and deposit in the Trust Fund.
The Department shall also report the total amount of supplemental funding
provided for the preceding month for accounting purposes.
4. The Community Development Division will provide the Contractor with
necessary information to allow the Contractor to provide Program services.
C. Denial of Utility Assistance Trust Funds ("Trust Funds") to utility customer:
Except in designated cases of "extreme hardship," the guidelines for the
distribution, use and administration of the Utility Assistance Trust Funds provided
by the City shall be distributed and or applied under these utility assistance
program guidelines.
2. In the event the Contractor does not approve the distribution or use of Trust Funds
to a utility customer and the customer requests a review and or appeal of the
denial, the Contractor shall first have the right to require a written request from
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the customer in accordance with current policy guidelines as may be established
from time to time by the Board of Directors of the Contractor.
3. In the event the Contractor does not approve the distribution or use of Trust Funds
to a utility customer after the review and or appeal of the denial, the Contractor
shall provide customer with a copy of this EXHIBIT "A" of the Service
Agreement and identify the applicable guideline used for denial of utility
assistance.
4. Quarterly reports submitted by Contractor to the City will include information on
number of clients denied assistance and the various reasons for denial.
5. Periodically or on a case-by-case basis, the City may request a copy of the
Contractor's review and/or appeal file established for purposes of the City's
Utility Assistance Program.
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EXHIBIT B
Qualifyin� Income Limits for Utility Assistance Program
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Source:
Low Income
65% AMI - 50% AMI
$31,900 - $24,551
$36,450 - $28,051
$41,000 - $31,551
$45,550 - $35,051
$49,200 - $37,901
$52,850 - $40,701
$56,500 - $43,501
$60,150 - $46,301
Very-Low Income
50% AMI - 30% AMI
$24,550 - $14,751
$28,050 - $16,851
$31,550 - $18,451
$35,050 - $21,051
$37,900 - 22,751
$40,700 - $24,451
$43,500 - $26,151
$46,300 - $27,801
Extremely-Low Income
<30% AMI
$14,750 or Below
$16,850 or Below
$18,950 or Below
$21,050 or Below
$22,750 or Below
$24,450 or Below
$26,150 or Below
$27,800 or Below
U.S. Department of Housing and Urban Development
Effective: December 2011
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