2002-295FILE REFERENCE FORM [ 2002-295 ]
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Change Order to Service Contract
(attached to original ordinance & contract) 09/15/03
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME AND HOMELESS FAMILIES,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE (BID 2882-SELF-SUFFICIENCY PROGRAM FOR LOW INCOME AND
HOMELESS HOUSEHOLDS AWARDED TO HOPE, INC. IN THE AMOUNT OF $30,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies or services in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to
be used for the purchase of the materials, equipment, supplies or services approved and accepted herein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for materials, equipment, supplies, or
services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed
according to the bid number assigned hereto, are hereby accepted and approved as being the lowest
responsible bids for such items:
BID ITEM
NUMBER NO. CONTRACTOR AMOUNT
2882 1 HOPE, Inc. $30,000
SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts
the offer of the persons submitting the bids for such items and agrees to purchase the materials,
equipment, supplies or services in accordance with the tenus, specifications, standards, quantities and
for the specified stuns contained in the Bid Invitations, Bid Proposals, and related documents.
SECTION 3. That the City and persons submitting approved and accepted items and of the
submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and
awarding of the bids, the City Manager or his designated representative is hereby authorized to execute
the written contracts which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above competitive bids, the City
Council hereby authorizes the expenditure of rinds therefor in the amount and in accordance with the
approved bids or pursuant to a written contract made pursuant thereto as authorized herein.
SECTION 5. That tins ordinance shall become effective immediately upon its passage and
approval.
17~ C27~.2oo2.
PASSED AND APPROVED this the day of
EULINEBROC~MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~/~ITY ATTORNEY
s¥: -~'; ~TD'~'~ ~O~N^NCE
2002-2003 CDBG SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON
AND HOPE, INC.
BID # 2882
This 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 ordinance,
hereinafter referred to as CITY, and HOPE, INC., 117 West Sycamore, Denton, TX 76201, a
Texas non-profit corporation, hereinafter referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U.S. Department of Housing and
Urban Development under Title I of the Housing and Community Development Act of 1974, as
amended; and
WHEREAS, CITY has adopted a budget for such funds and included therein an
authorized budget for expenditure of funds for assistance to homeless and potentially homeless
families; and
WHEREAS, CITY has designated the Community Development Division as the division
responsible for the administration of this Agreement and all matters pertaining thereto; 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.
This Agreement shall commence on or as of October I, 2002, and shall terminate on
September 30, 2003, unless sooner terminated in accordance with Section 26 "Termination".
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all services and
activities described in the Work Statement attached hereto as Exhibit A, 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 CONTRACTOR'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.
Page 1 of 22
CITY'S OBLIGATION
Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred
pursuant in accordance with the project budget included as a part of Exhibit B.
Notwithstanding any other provision of the Agreement, the total of all payments and
other obligations made or incurred by CITY hereunder shall not exceed the sum of Thirty
Thousand Dollars ($30,000.00).
Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on
the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject
to the limitations and provisions set forth in this Section and Section 7 of this Agreement.
(1)
The parties expressly understand and agree that CITY's obligations under this
Section are contingent upon the actual receipt of adequate Community
Development Block Grant (CDBG) funds to meet CITY's liabilities under this
Agreement. If adequate funds are not available to make payments under this
Agreement, CITY shall notify CONTRACTOR in writing within a reasonable
time after such fact has been determined. CITY may, at its option, either reduce
the amount of its liability, as specified in Subsection A of this Section or
terminate the Agreement. If CDBG funds eligible for use for purposes of this
Agreement are reduced, CITY shall not be liable for further payments due to
CONTRACTOR under this Agreement.
(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 liable for any cost or portion thereof which:
(a)
has been paid, reimbursed or is subject to payment or reimbursement,
fi:om any other source;
(b)
was incurred prior to the beginning date, or after the ending date specified
in Section 1;
(c)
is not in strict accordance with the terms of this Agreement, including all
exhibits attached hereto;
(d)
has not been billed to CITY within 90 calendar days following billing to
CONTRACTOR, or termination of the Agreement, whichever date is
earlier; or
Page 2 of 22
(e)
is not an allowable cost as defined by Section 11 of this Agreement or the
project budget.
(4)
CITY shall not be liable for any cost or portion thereof which is incurred with
respect to any activity of CONTRACTOR requiring prior written authorization
form CITY, or after CITY has requested that CONTRACTOR furnish data
concerning such action prior to proceeding further, unless and until CITY advises
CONTRACTOR to proceed.
(5)
CITY shall not be obligated or liable under this Agreement to any party other than
CONTRACTOR for payment of any monies or provision of any goods or
services.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
CONTRACTOR understands that funds provided to it pursuant to this Agreement are
funds, which have been made available to CITY by the Federal Government (U.S.
Department of Housing and Urban Development) under the Housing and Community
Development Act of 1974, as amended, in accordance with an approved Grant
Application and specific assurances. Accordingly, CONTRACTOR assures and certifies
that it will comply with the requirements of the Housing and Community Development
Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and
codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete
compilation of all duties imposed upon CONTRACTOR by law or administrative ruling,
or to narrow the standards, which CONTRACTOR must follow.
CONTRACTOR further accrues and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply with them, or
notify CITY, as provided in Section 24 of this Agreement.
CONTRACTOR agrees to abide by the conditions of and comply with the requirements
of the Office of Management and Budget Circulars Nos. A-110 and A-122.
CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of Denton.
REPRESENTATIONS
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.
Page 3 of 22
The person or persons signing and executing this Agreement on behalf of
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.
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 fi:om CITY for
performance of the provisions of this Agreement if CITY has suspended or terminated
this Agreement for the reasons enumerated in this Section.
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 fi:om 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.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out all of the activities and
services set out in the WORK STATEMENT, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and
incorporated herein for all purposes and deemed by both parties to be necessary and sufficient
payment for full and satisfactory performance of the program, as determined solely by CITY and
in accordance with all other terms, provisions and requirements of this Agreement.
No modifications or alterations may be made in the Work Statement without the prior
written approval of the City's Community Development Administrator.
PAYMENTS TO CONTRACTOR
Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
mount of money totaling Thirty Thousand Dollars ($30,000.00) for services rendered
under this Agreement. CITY will pay these funds on a reimbursement basis to the
CONTRACTOR within 20 days after CITY has received supporting documentation.
CONTRACTOR's failure to request reimbursement on a timely basis may jeopardize
present or future funding.
Funds are to be used for the sole purpose of providing assistance to homeless and
potentially homeless families.
Page 4 of 22
Excess Payment. CONTRACTOR shall refund to CITY within ten 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 CONTRACTOR; 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.
Ce
Disallowed Costs/Reversion of Assets. Upon terminated of this Agreement, should any
expense or change for which payment has been made be subsequently disallowed or
disapproved as a result of any auditing or monitoring by CITY, the Department of
Housing and Urban Development, or any other Federal agency, CONTRACTOR will
refund such amount to CITY within ten working days of a written notice to
CONTRACTOR, which specifies the amount disallowed. If CITY finds that
CONTRACTOR is unwilling and/or unable to comply with any of the terms of this
Contract, CITY may require a retired of any and all money expended pursuant to this
Contract by CONTRACTOR, as well as any remaining unexpended funds which shall be
refunded to CITY within ten working days of a written notice to CONTRACTOR to
revert these f'mancial assets. The reversion of these financial assets shall be in addition to
any other remedy available to CITY either at law or in equity for breach of this Contract.
Refunds of disallowed costs may not be made fi:om these or any funds received from or
through CITY.
Deobligation of Funds. In the event that actual expenditure rates deviate from
CONTRACTOR's provision of a corresponding level of performance, as specified in
Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under
expended funds.
Contract Close Out. CONTRACTOR shall submit the Agreement close out package to
CITY, together with a finai expenditure report, for the time period covered by the last
invoice requesting reimbursement of funds under this Agreement, within 15 working
days following the close of the Agreement period. CONTRACTOR shall utilize the form
agreed upon by CITY and CONTRACTOR.
WARRANTIES
CONTRACTOR represents and warrants that:
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,
Page 5 of 22
data, or report, and, since that date, have not undergone any significant change without
written notice to CITY.
Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financial condition of
CONTRACTOR on the date shown on said report, and the results of the operation for the
period covered by the report, and that since said date, there has been no material change,
adverse or otherwise, in the financial condition of CONTRACTOR.
No litigation or legal proceedings are presently pending or threatened against
CONTRACTOR.
None of the provisions herein contravene or are in conflict with the authority under which
CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR.
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.
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.
COVENANTS
During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, CONTRACTOR shall not, without the prior written
consent of the Community Development Administrator or her authorized representative:
(1)
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of CONTRACTOR now owned or hereafter acquired by it, or permit any
pre-existing mortgages, liens, or other encumbrances to remain on, or attached to,
any assets of CONTRACTOR which are allocated to the performance of this
Agreement and with respect to which CITY has ownership hereunder.
(2)
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
Page 6 of 22
(4)
(5)
Make any advance or loan to, or incur any liability for any other finn, person,
entity or corporation as guarantor, surety, or accommodation endorser.
Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes
such transfer.
CONTRACTOR agrees, upon written request by CITY, to require its employees to attend
train'mg sessions sponsored by the Community Services Division.
10.
ALLOWABLE COSTS
Costs shall be considered allowable only if incurred directly specifically in the
performance of and in compliance with this Agreement and in conformance with the
standards and provisions of Exhibits A and B.
Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written
approval, even though certain items may appear herein. CITY's prior written
authorization is required in order for the following to be considered allowable costs:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Encumbrances or expenditures during any one month period which exceeds one-
fifth (1/5) of the total budget as specified in Exhibit B.
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.
Out of town travel.
Any alterations or relocation of the facilities on and in which the activities
specified in Exhibit A are conducted.
Any alterations, deletions or additions to the Personnel Schedule incorporated in
Exhibit B.
Costs or fees for temporary employees or services.
Any fees or payments for consultant services.
Fees for attending out of town meetings, seminars or conferences.
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
Page 7 of 22
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.
11.
PROGRAM INCOME
For purposes of this Agreement, program income means earnings of CONTRACTOR
realized from activities resulting from this Agreement or from CONTRACTOR's
management of fimding provided or received hereunder. Such earnings include, but are
not limited to, income from interest, usage or rental or lease fees, income produced from
contract-supported services of individuals or employees or fi.om the use or sale of
equipment or facilities of CONTRACTOR provided as a result of this Agreement, and
payments from clients or third parties for services rendered by CONTRACTOR under
this Agreement.
CONTRACTOR shall maintain records of the receipt and disposition of program income
in the same manner as required for other contract funds, and reported to CITY in the
format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice
received fi.om representatives of the U.S. Department of Housing and Urban
Development (HUD), that any fees collected for services performed by CONTRACTOR
shall be spent only for service provision. These fees or other program income will be
deducted fi.om the regular reimbursement request.
CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which
involve other income-producing services or activities.
It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the
performance thereof, constitutes program income. CONTRACTOR is responsible to
CITY for the repayment of any and all amounts determined by CITY to be program
income, unless otherwise approved in writing by CITY.
12.
MAINTENANCE OF RECORDS
CONTRACTOR agrees to maintain records that will provide accurate, cun'ent, separate,
and complete disclosure of the status of the funds received under this Agreement, in
compliance with the provisions of Exhibit B, attached hereto, and with any other
applicable Federal and State regulations establishing 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 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.
Page 8 of 22
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 the period of time and under the conditions specified by CITY.
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.
At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, HUD, or any of their authorized representatives, all of its
records and shall permit CITY, HUD, 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 employment and all
other data requested by said representatives.
13.
REPORTS AND INFORMATION
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.
CONTRACTOR shall submit quarterly beneficia~ and financial reports to CITY no less
than once each three months. The beneficiary report shall detail client information, including
race, income, female head of household and other statistics required by CITY. The financial
report shall include information and data relative to all programmatic and financial reporting as
of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports
shall be due to City within 15 working days after the completion of each quarter.
Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit
conducted by independent examiners with ten days after receipt of such.
14.
MONITORING AND EVALUATION
CITY shall perform on-site monitoring of CONTRACTOR's performances under this
Agreement.
CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to
ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
Objectives, which are attached hereto as Exhibit A, as well as other provisions of this
Agreement.
Page 9 of 22
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.
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.
After each official monitoring visit, CITY shall provide CONTRACTOR with a written
report of monitoring findings.
CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any
of CONTRACTOR's fimding or regulatory bodies to CITY within five (5) working days
of receipt by CONTRACTOR.
15.
DIRECTORS' MEETINGS
During the terms of this Agreement, CONTRACTOR shall cause to be delivered to 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 CITY in a timely manner to give adequate notice, and
shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors' meetings.
Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY
within ten working days after Board approval.
Page 10 of 22
16.
INSURANCE
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.
The premises on and in which the activities described in Exhibit 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. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve
alternate insurance coverage arrangements.
CONTRACTOR will comply with applicable workers' compensation statues and will
obtain employers' liability coverage where available and other appropriate liability
coverage for program participants, if applicable.
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. Evidence of the
employee's current possession of a valid license and insurance must be maintained on a
current basis in CONTRACTOR's files.
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.
The policy or policies of insurance shail contain a clause which requires that City and
Contractor be notified in writing of any cancellation of change in the policy at least 30
days prior to such change or cancellation.
17.
EQUAL OPPORTUNITY
CONTRACTOR shall submit for CITY's approval, a written plan for compliance with
the Equal Employment and Affn'mative Action Federal provisions, within 30 days of the
effective date of this Agreement.
CONTRACTOR shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
CONTRACTOR will furnish 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.
Page I 1 of 22
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.
18.
PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and shall be available for
examination. Such personnel policies shall:
Be no more liberal than 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
Be in writing and shall be approved by the governing body of CONTRACTOR and by
CITY.
19.
CONFLICT OF INTEREST
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.
CONTRACTOR further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his position for a purpose
that is or gives the appearance of being motivated by desire for private gain for himself,
or others, particularly those with which he has family, business, or other ties.
No officer, member, or employee of CITY and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
20.
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"
Page 12 of 22
includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle,
nephew, niece, stepparent, stepchild, half-brother and half-sister.
21.
POLITICAL OR SECTARIAN ACTIVITY
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.
None of the performance rendered hereunder shall involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used for or apphed directly or indirectly
to the construction, operation, maintenance or adrninistration, or be utilized so as to
benefit in any manner any sectarian or religious facility or activity.
22.
PUBLICITY
Where such action is appropriate, CONTRACTOR shall publicize the activities
conducted by CONTRACTOR under this Agreement. In any news release, sign,
brochure, or other advertising medium, disseminating information prepared or distributed
by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing
and Urban Development's Community Development Block Grant Program funding
through the City of Denton having made the project possible.
All published material and written reports submitted under this project must be originally
developed material unless otherwise specifically provided in this Agreement. When
material not originally developed is included in a report, the report shall identify the
source in the body of the report or by footnote. This provision is applicable when the
material is in a verbatim or extensive paraphrase format.
All published material submitted under this project shall include the following reference
on the front cover or title page:
This document is prepared in accordance with the City of Denton's Community
Development Block Grant Program, with funding received from the United States
Department of Housing and Urban Development.
All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence and related material submitted by CONTRACTOR shall become the
property of CITY upon receipt.
Page 13 of 22
23.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or
submitting any application for funding in accordance with the following procedures:
When the apphcation is in the planning stages, CONTRACTOR shall submit to CITY a
description of the fimds being applied for, and the proposed use of funds.
Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify
CITY of such award and the effect, if any, of such funding on the funds and program(s)
contracted hereunder. Such notice shall be submitted to CITY, in waiting, within ten
working days of receipt of the notice of award or funding award by CONTRACTOR,
together with copies of the budget, program description, and Agreement.
CONTRACTOR shall not use funds provided hereunder, whether 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 CITY.
24.
CHANGES AND AMENDMENTS
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·
CONTRACTOR may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of CITY.
CONTRACTOR shall request, in writing, the budget revision in a form prescribed by
CITY, and such request for revision shall not increase the total monetmy obligation of
CITY under this Agreement. In addition, budget revisions cannot significantly change the
nature, intent, or scope of the program funded under this Agreement.
CONTRACTOR will submit revised budget and program information, whenever the
level of funding for CONTRACTOR or the program(s) described herein is altered
according to the total levels contained in any portion of Exhibit B.
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.
CITY may, from time to time during the term of the Agreement, request changes in
Exhibit A, which may include an increase or decreased in the amount of
Page 14 of 22
CONTRACTOR's compensation. Such changes shall be incorporated in a written
amendment hereto, as provided in Subsection A of this Section.
Any alterations, deletion, or additions to the Contract Budget Detail incorporated in
Exhibit B shall require the prior written approval of CITY.
CONTRACTOR agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change.
CONTRACTOR shall notify CITY of any changes in personnel or governing board
composition.
It is expressly understood that neither the perfomaance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs will be
permitted.
25.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to t'unely 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 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 of 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 30 calendar days. At the end of the suspension
period, if CITY determines the default of 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 26 may be effectuated.
26.
TERMINATION
A. CITY may terminate this Agreement with cause for any of the following reasons:
(1)
CONTRACTOR's failure to atta'm compliance during any prescribed period of
suspension as provided in Section 25.
(2)
CONTRACTOR's violation of covenants, agreements or guarantees of this
Agreement.
Page 15 of 22
(3)
Termination or reduction of fimding by the United States Department of Housing
and Urban Development.
(4) Finding by CITY that CONTRACTOR:
(a)
is in such unsatisfactory financial condition as to endanger performance
under this Agreement;
has allocated inventory to this Agreement substantially exceeding
reasonable requirements;
(c)
is delinquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business.
(5)
Appointment of a trustee, receiver or liquidator for all or substantial part of
CONTRACTOR's property, or institution of bankruptcy, reorganization,
rearrangement of or liquidation proceedings by or aga'mst CONTRACTOR.
(6)
CONTRACTOR's inability to conform to changes required by Federal, State and
local laws or regulations as provided in Section 4, and Section 24(D), of this
Agreement.
(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 Agreement.
CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and
the effective date of termination. Simultaneous notice of pending termination maybe
made to other funding source specified in Exhibit B.
CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, 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 CONTRACTOR covered by
the Agreement, less payments previously made.
CONTRACTOR may terminate this Agreement in whole or in part by written notice to
CITY, if a termination of outside fimding occurs upon which CONTRACTOR depends
for performance hereunder. CONTRACTOR may opt, within the limitations of this
Agreement, to seek an alternative funding source, with the approval of 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 CONTRACTOR and the fimding
source in question.
Page 16 of 22
CONTRACTOR may terminate this Agreement upon the dissolution of
CONTRACTOR's organization not occasioned by a breach of this Agreement.
Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise
term'mate any outstanding orders or subcontracts, which relate to the performance of this
Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obligations whatsoever incurred after the termination
date.
Notwithstanding any exemise 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, and CITY may
withhold any reimbursement to CONTRACTOR until such time as the exact amount of
damages due to CITY from CONTRACTOR is agreed upon or otherwise determined.
27.
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 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
cla'un, 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)
against whom such claim is being made or threatened. Such written notice shall be delivered
either personally or by mail.
28.
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent contractor and that as such,
CONTRACTOR shall save and hold CITY, its officers, agents and employees
harmless from all liability of any nature or kind, including costs and expenses for,
or on account of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the performance or
omission of any employee, agent or representative of CONTRACTOR.
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
Page 17 of 22
implementation except to the extent caused by the willful act or omission of CITY,
its agents, employees, or contractors.
29.
MISCELLANEOUS
CONTRACTOR 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.
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.
In no event shall any payment to CONTRACTOR hereunder, or any other act or failure
of CITY to insist in any one or more instances upon the terms and conditions of this
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.
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 fome 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
properly executed in writing, and if appropriate, recorded as an amendment of this
Agreement.
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 as the party ult'unately responsible to
HUD for matters of compliance, will have the final authority to render or to secure an
interpretation.
For purposes of this Agreement, all official communications and notices among the
parties shall be deemed made if sent postage paid to the parties and address set forth
below:
Page 18 of 22
CITY:
City Manager
City of Denton
215 E. McKinney St.
Denton, Texas 76201
CONTRACTOR:
HOPE, Inc.
ATTN: Executive Director
117 West Sycamore
Denton, TX 76201
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 competent
jurisdiction sitting in Denton County, Texas.
~,IN ~qlTN~SS OF WHICH this Agreement has been executed on this the /7~-~g day of
t _) 'p~-~]TJ2g~/ ,2002.
CITY OF DENTON
~1~HAEL ~. ~0~I)~ C~TY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BERT L. PROUTY, CITY ATTO~Y
BY:
HOPE, INC.
EXECUTIVE DIRECTOR
ATTEST:
BOARD SECRETARY
Page 19 of 22
City of Denton - Community Development Division
Qualifying Income Limits for Federally Assisted Programs
FY 2002/2003
Maximum Income Levels
Family
Size
Moderate Income
80% AMI - <65% AMI
Low Income Very-Low Income
65% AMI- <50% AMI 50% AMI-<30% AMI
Extremely-Low Income
_<30% AMI
$37,250- $30,251
$42,550 -$34,601
$47,900-$38,901
$53,200 -$43,251
$57,450 -$46,701
$61,700 -$50,151
$65,950 -$53,601
$70,200-$57,051
Source:
$30,250-$23,301
$34,600-$26,601
$38,900-$29,951
$43,250-$33,251
$46,700-$35,901
$50,150-$38,551
$53,600-$41,251
$57,050-$43,901
$23,300-$13,951
$26,600-$15,951
$29,950 -$17,951
$33,250-$19,951
$35,900-$21,551
$38,550-$23,151
$41,250-$24,751
$43,900-$26,351
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2002
Page 20 of 22
EXHIBIT "A"
WORK STATEMENT
HOPE, INC.
Program A
The program will provide assistance to families who are homeless or potentially homeless, and
who have the desire and ability to establish self-reliance.
The funding requested will provide rent, utility, and food to client families for 30 - 90 days.
The case manager will meet with the client families on a weekly basis to assist with defining
goals, budget skills, assessment of job skills, educational needs, and community referral.
Organization will monitor expenses, receipts, income, and attempts to move toward stated goals.
Client families will have the ability, after program assistance, to maintain permanent housing.
Program B
The purpose of the project is to assist families who are documented under HUD guidelines as
homeless, toward establishing and maintaining self-sufficiency.
The funding will provide rent and utility assistance, and limited other financial aid, as
determined by the needs of the transitional housing families. The transitional housing program
will provide rent and utility assistance for 12 to 24 months.
Organization will assist the transitional housing families with assessment of educational or
vocational skills, budget skills, job search skills, and counseling or other social services.
Organization will also monitor records of expenses incurred, receipts, and proof of income.
Client families who are in the transitional housing program will be able, after the one or two year
assistance period, to improve their situation enough to be able to afford decent, safe housing.
Organization will utilize the assistance of thc local non-profit service coordination agency to
maintain client information in a centralized computer database.
Organization will actively participate on the Denton County Homeless Coalition and will provide
statistical information to the D.C.H.C. upon request in a reasonable time frame.
OUTCOME MEASURES
75% of clients served will come bom special needs populations as defined by the Continuum of
Care Plan. Organization will assist 3 more families with transitional housing than were assisted
in the 2000-2001 contract year.
Page 21 of 22
PROJECT BLrDGET
HOPE, INC.
Program A - 30/90 Day Assistance Program
Program Budget
$ 5,000.00
Funds may be used to pay for client rent, utilities, food, gas and other necessary expenses that
would assist the client to maintain self-sufficiency. Only 15% or less of the funds may be used
to pay for staff (case manager) salaries.
Program B - Transitional Housing Program
Error! No table of contents entries found. Funds may be used for rent assistance, rent deposits,
utility assistance, and utility deposits for clients. Only 15% or less of the funds may be used to
pay for staff (case manager) salaries.
Page 22 of 22
CHANGE ORDER TO SERVICE CONTRACT
The Service Contract between the City of Denton, Texas and HOPE, Incorporated, dated
September 17, 2002 (the Service Contract) and approved by Ordinance No.2002-295 is
hereby changed to increase City funding by the mount of $500 (the "Change Order
Funds"). The Change Order Funds shall be used for the same public purposes and
administered in the same manner specified in the Service Contract.
Michael A Conduff - r/f_...,, Date
City Manager
AGREED:
HOPE, Incorporated
Bhrbara Atkins
Executive Director
Date: