2015-228S:\Legal\OurDocuments\Ordinances\15\sery agr- Giving HOPE, Inc. Ord..doc
ORDINANCE NO. 2015-228
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS, AND GIVING HOPE, INC. FOR FUNDS THAT WILL BE USED FOR
HOMELESS PREVENTION ASSISTANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the agreement between the
City and Giving HOPE, Inc. for funds to be used for homeless prevention assistance, which is attached
hereto and made a part hereof by reference (the "Agreement "), serves a municipal and public purpose and
is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement
and to carry out the duties and responsibilities of the City under the Public Service Agreement, including
the expenditure of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the _day of',
2015.
CHRIS WATTS, MA ,. ..... ........
YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
a
A11113 Rat ") 1e I� AS " 'f LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
..,...
sAtegakour documentskontracts\1 5\scry agr giving hope, inc-doc
SERVICE AGREEMENT
j- ))Fjr-4ft1%, TEXAS Al*):
GIVING HOPE, INC.
This Agreement is hereby entered into by and between the City • Denton, Texas, a Home Rule
Municipal Corporation, hereinafter referred to as "City", and Giving HOPE, Inc., a Texas Non-Profit
Corporation, hereinafter referred to as "Organization."
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose of
paying for contractual services; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest;
Organization shall, in a satisfactory and proper manner, perform the following tasks, for which
the monies provided by City may be used:
The funds being provided shall be used by Organization for homeless prevention assistance.
0legakour docurncnts\con1racts\15\sery agr giving hope, inc-doc
F. Organization will appoint a representative who will be available to meet with City
officials when requested.
G. Organization will submit to City copies • year-end audited financial statement
The services funded by City shall be undertaken and completed by Organization within the
following time frame:
The term of this Agreement shall commence on the effective date and teirninate September 30,
2015 unless the contract is sooner terminated under Section VII "Suspension or Termination."
IV. PAYMENTS
A. PAYMENTS To ORGANIZATION, City shall pay to Organization the surn specified in Article
It after the effective date of this Agreement.
B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of
City's request, any sum of money which has been paid by City and which City at any time thereafter
determines:
1) has resulted in overpayment to Organization; or
2) has not been spent strictly in accordance with the terms of this Agreement: or
3) is not Supported by adequate documentation to fully justify the expenditure.
V. EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby the
services can be continuously monitored. Organization agrees to make available its financial records
for review by City at City's discretion. In addition, Organization agrees to provide City the following
data and reports, or copies thereof:
A. All external or internal audits. Organization shall submit a copy of the annual independent
audit to City within ten (10) days of receipt.
B. All external or internal evaluation reports.
D. To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the services
performed under this Agreement. The record system of Organization shall contain sufficient
Page 2 of 7
,Al,gammrum*mmmkmmoms\|5\arvwp giving wne,mcdoc
documentation to provide in detail full support and justification for each expenditure. Organization
to the services provided and expenditure of funds under this Agreement for five years.
8. Nothing in the above nubocudoos shall be construed 10 rc|k»e Organization of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
\/l.
Minutes of all meetings of Organization' governing body shall be available to City within ten
(10) working days of approval.
\/D.
The City may tcrmziuo\c this Agreement for oomao if Organization violates any covenants,
agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy,
diuoo)u1ino` or receivership, or the Organization' violation of any law or regulation 10 vvbiuh it is
bound under the terms o[this Agreement, The City may terminate this Agreement for other reasons
not specifically enumerated in this paragraph.
loll
A. Organization sbu\ comply with all applicable equal employment opportunity and
uffirnuadvu action kzvvu orregulations.
B. Organization will furnish all information and reports requested by City, and will permit
access k/its books, records, and accounts for purposes of investigation 1onsoertaiucooupUauocnith
|ouoJ. SCu0o and Federal rules and regulations.
C. In the event of noncompliance by Organization with the nondiscrimination requirements,
in_vart,- and Organization may
be barred from further contracts with City.
Organization represents and warrants that:
sAlegaRour d0CLnInCJ1tS\C0II[racts\1 5\scry agr giving hope, inc-doc
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 financial conditions of Organization on the date
i,hown on said rel.9ort and the results of the ouceration for the %weriod covered b the report, and that
cince said data, there has been
• material change, adverse or otherwise, in the financial condition of
*rganization.
C. No litigation or legal proceedings are presently pending or threatened against
Organization.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Organization is doing business or with the provisions of any existing indenture or agreement
• a�
E. Organization 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 Organization are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization 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.
X 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. 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,
C. Organization shall notify City of any changes in personnel or governing board
composition.
Page 4 of 7
cxegmhom 1 5\smmgr giving hope, i^c-doc
}{D. CONFLICT OF INTEREST
A. Organization covenants that neither k nor any member ofits governing bxlv presently has
any interest, direct orindirect, which would conflict io any manner oc degree with the performance of
services required {obo performed under this Agreement. Organization further covenants that iothe
performance of this Agreement, uo person having such interest shall be employed or appointed umu
member o[ its governing body.
D. Organization Oudbor covenants that no member of its governing body or its ataff
subcontractors nr employees nhuli possess any interest iuor use his/her position for u purpose that is
or gives the appearance of being motivated by desire for private gain for himself/herself', or others;
particularly those with which he/she has family, business, or other ties.
C. No offiucr, member, or employee of City and no member of its governing 6nJv who
exercises any function nz responsibilities iutbe review or approval oftbe undertaking ur carrying out
of this Agreement shall participate in any decision relating W the Agreement which affects his
pc/uouu| interest or1beiotcreutinaoyuoqpocu1iou`partuerohip,orumaouiu1iouiuvbichhobusdireci
or indirect interest,
Any notice or other written instrument required or permitted tobu delivered under the terms of
this Agroeozcoi shall he deemed to have been delivered, vvbcUhcr actually n:uoivod or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via hand-delivery or facsimile, addressed to Organization or City, as the cuyu may be, at the
following addresses:
CITY ORGANIZATION
City o[ Denton, Texas
Giving HOPE, Inc.
Attn:Chv Manager
Alonzo Peterson
2l5EMcKinney
Executive Director
Denton, TX7620|
]l7 West Sycamore
Fax No. 94O.349.859l
Denton, T}{762Ol
above address by certified mail, return receipt requested.
Olegnkour docuinenls \eonIracIs \15 \sere agr giving hope, inc -doc
XIV. MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise assign this Agreement 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 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 shall any payment to Organization hereunder, or any other actor 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 Organization. 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 occurring during the term of this Agreement, or subsequent thereto, have any
legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as
an amendment of this Agreement.
E. 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.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of 2015.
CITY OF DENTON, TEXAS
C. CAMPI3F
GEOI)I .I........_,_
CITY MANAGER
Page 6 of 7
sAlegakour documents \contracts \15\sery agr giving hope, inc..doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
ATTEST:
BOARD SECRETARY
ORGANIZATION
��r
��...._ � _ ............... ....
EXECUTIVE DIRECTOR
Page 7 of 7