23-1805DocuSign Envelope ID: 78618E6A-EF98-4FE4-9922-56510B2E860C
ORD[NANCE NO 23- 1805
AN ORDINANCE OF THE CITY OF DENTON APPROVING, AND AUTHORIZING THE
EXECUTION OF, AN AGREEMENT BETWEEN THE CITY OF DENTON AND PROJECT
HOPE FOR THE EXPENDITURE OF CITY COUNCIL CONTINGENCY FUNDS IN THE
AMOUNT OF TWO HUNDRED DOLLARS ($200) IN SUPPORT OF THE ORGANIZATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Project Hope Denton is a nonprofit and ministry of Mt. Calvary Baptist
Church that strives to give hope to the hopeless, offers assistance to the community, and operates
Hope Kitchen, a local food pantry; and
WHEREAS, Gerard Hudspeth, Mayor, requested support from available contingency funds
to support Project Hope; and
WHEREAS, the City Council of the City of Denton hereby finds the agreement between
the City and Project Hope, attached hereto and made a part hereof by reference (the “Agreement”),
furthers a charitable cause, economic or community growth, or 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 and hereby ratified.
SECTION 2. The Agreement is hereby approved, and the City Manager, or designee, is
hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the
City under the Agreement, including the expenditure of funds in an amount not to exceed Two
Hundred Dollars ($200) in accordance with the terms of the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
DocuSign Envelope ID: 78618E6A-EF98-4FE4-9922-56510B2E860C
The motion to approve this ordinance was made by [8,„_ t, , J/ 1 and seconded by [g,a,'s,_ k,bd .
The ordinance was passed and approved by the following vote a– D – J:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Paul Mekzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED thi, th, IC:b d,„ ,f S,p+,w.b„, 2023.
GERARD HUDSPETFI, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY b\\\\1111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Susan
Susan Keller Et::r2023.09.13 16:51:18BY' -05'oo'
DocuSign Envelope ID: EB2B5269-8C944A99-8E07-F4F71DBD673C
COUNCIL CONTINGENCY FUND AGREEMENT
BETWEEN THE CITY OF DENTON AND
PROJECT HOPE
This Agreement is hereby entered into by and between the City of Denton, a Texas home
rule municipal corporation, hereinafter referred to as “City”, and Project Hope, a Texas non-profit
corporatIon.
WHEREAS, the City has determined the services provided by Project Hope to the citizens
of the City merit assistance through the Council Contingency Fund and the City has provided funds
in its budget for such Council Contingency Fund; and
WHEREAS, Gerard Hudspeth, Mayor, requested support from available contingency funds
to support Project Hope; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the
public interest;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1:OBLIGATIONS OF PROJECT HOPE
In consideration of the receipt of funds from the City, Project Hope agrees to the
following terms and conditions:
A. Two Hundred and no/100 ($200.00) shall be paid to Project Hope by the City to be
utilized for the support of the organization.
B. Project Hope will maintain adequate records to establish that the City funds are used
for the purposes authorized by this Agreement. Funds shall be used on expenses not prohibited or
deemed criminal pursuant to Texas law.
C. Upon request, Project Hope will permit authorized officials of the City to review
its books, financial statements, and records and provide copies of its By-Laws, rules and
regulations, and meeting minutes at any time. Such copies shall be made available within ten (10)
business days of such request. All records pertaining to the funds granted hereby shall be
maintained for at least five (5) years.
D. Project Hope will not enter into any contracts that would encumber City funds for a
period that would extend beyond the term of this Agreement.
E. Project Hope will appoint a representative who will be available to meet with City
officials when requested.
F. Project Hope will comply with all applicable federal, State, and local laws and
policies including all applicable equal employment opportunity and affirmative action laws or
regulations. In the event of Project Hope’s non-compliance with the non-discrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
Project Hope may be barred from further contracts with the City.
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G. Project Hope will comply with all applicable federal, state, and local laws and
policies regarding conflicts of interest and will not participate in any transactions or decisions
where such a conflict might exist.
II: TIME OF PERFORMANCE
The term of this Agreement shall commence on the date of the last signature affixed to this
Agreement (the “effective date”) and terminate one year from the effective date unless the
contract is sooner terminated under Section V “Termination”.
III. PAYMENTS
A. PAYMENTS TO PROJECT HOPE. City shall pay to Project Hope the sum specified in
Article I after the effective date of this Agreement.
B. ExcEss PAYMENT. Project Hope 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: has resulted in overpayment to Project Hope; or has not been spent strictly in
accordance with the terms of this Agreement; or is not supported by adequate documentation to fully
justify the expenditure.
IV. EVALUATION
Project Hope agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Project Hope maintains records that provide complete
and accurate statements as to the status and use of City funds. In addition, upon request, Pro j ect
Hope agrees to provide the City with the following data and reports, or copies thereof: all
external or internal audits. Project Hope shall submit a copy of the annual independent audit to the
City within ten (10) days of receipt; all external or internal evaluation reports; and an explanation
of any major changes in program services.
V. TERMINATION
The City may terminate this Agreement for cause if Project Hope violates any covenants,
agreements, or guarantees of this Agreement, Project Hope’s insolvency or filing of bankruptcy,
dissolution, or receivership, or Project Hope’s violation of any law or regulation to which it is bound
under the terms of this Agreement. The City may terminate this Agreement for other reasons not
specifically enumerated in this paragraph, including for convenience.
VI. WARRANTIES
Project Hope represents and warrants that:
A. All financial reports, information, reports, records, and data heretofore or hereafter
requested by City and furnished to City, are complete and accurate and fairly reflect the financial
conditions of Project Hope, if applicable, as of the date shown on the financial report, information,
data, record, or report, and, since that date, have not undergone any significant change, adverse or
otherwise, without written notice to City.
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B.
Hope.
No litigation or legal proceedings are presently pending or threatened against Project
C. None of the provisions herein contravenes or is in conflict with the authority under
which Project Hope is doing business or with the provisions of any existing indenture or
agreement of Project Hope.
D. Project Hope 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.
E.Project Hope does not have any conflicts of interest with respect to this transaction.
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.
VII. 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. Project Hope shall notify the City of any changes in personnel or governing board
composltlon.
VIII. [NDEMNIFICATION
TO THE EXTENT AUTHORIZED BY LAW, PROJECT HOPE AGREES TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR
CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE
PERFORMANCE BY PROJECT HOPE OR THOSE SERVICES CONTEMPLATED BY
THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION
BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN
WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL
ACTS OF PROJECT HOPE, ITS OFFICERS, EMPLOYEES, AGENTS,
SUBCONTRACTORS, LICENSEES, AND INVITEES.
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IX. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, or via hand-delivery, e-mail, or facsimile, addressed to Project Hope or City, as the case
may be, at the following addresses:
CITY
City of Denton, Texas
Ann: City Manager
215 E. McKinney
Denton, TX 76201
sara.hensley@cityofdenton.comd\Jr d
Project Hope
Cedric Chambers
1111 Wilson St
Denton, TX 76201
Either party may change its mailing address by sending notice of change of address to the other at
the above address by certified mail, return receipt requested.
X. MISCELLANEOUS
A. Project Hope shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party without the prior written approval of
the 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 Project Hope 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 Project Hope. 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
provlslon.
D. The following sections shall survive the termination of this Agreement: Section I,
Subsections B, C, and E; Section III Subsection B; Section VI Subsection A; and Section IX.
E. 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.
F. 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
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jurisdiction sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the 26th day of September , 2023 .
CITY OF DENTON
SARA HENSLEY, CITY MANAGER
Se14 HeMIO
DocuSlgned by:
ATTEST:
JESUS SALAZAR, CITY SECRETARY
B \/r : [] s E SaLa,)ar
PROJECT HOPE
APPROVED AS TO LEGAL FORM
MACK REINWAND, CITY ATTORNEY
Digitally signed by Susan
Susan Keller Et::r2023.09.13 16:51 :37BY: -05'oo'
THIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED
As to financial and operational obligations
And business terms.
G
_Cassey Ogden.
PRINT NAME
Chief Financial Officer
TITLE
Finance
DEPARTMENT