2001-047 OP, OINANCE NO O0/-
AN ORDINANCE ACCEPTING COMPETITWE BDS AND AWARDING A CONTRACT FOR
TENANT BASED RENTAL ASSISTANCE PROGRAM FOR EMERGENCY FINANCIAL AD,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTIVE DATE (BID 2619 - TENANT BASED RENTAL ASSISTANCE PROGRAM,
AWARDED TO FAIRHAVEN RETIREMENT CENTER, IN THE AMOUNT OF $87,218)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supphes or services in accordance with the procedures of STATE
law and C~ty 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 "B~d Proposals" submitted therefore, and
WHEREAS, the C~ty 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
hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for materials, equipment, supplies, or
services, described in the "Bid Proposals" on file an the office of City's Purchasing Agent filed
according to the bid number assigned hereto, are hereby accepted and approved as bmng the lowest
responsible bids for such ~tems
BID
NUMBER CONTRACTOR AMOUNT
2619 Fairhaven Retirement Center $87,218
SECTION II That the acceptance and approval of the above competitive bids, the City
accepts the offer of the persons submitting the b~ds for such items and agrees to purchase the
materials, equipment, supplies or services in accordance with the terms, specifications, standards,
quantities and for the specified sums contmned ~n the B~d Inwtatlons, Bid Proposals, and related
documents
SECTION III That the C~ty and persons submitting approved and accepted ~tems and of the
submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance, approval,
and awarchng of the bids, the C~ty Manager or h~s designated representative ~s 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, quantmes and specified sums
contained in the Bid Proposal and related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above competitive bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids or pursuant to a written contract made pursuant thereto as authorized herein
SECTION V That this ordinance shall become effective ~mmediately upon ~ts passage and
approval
PASSED AND APPROVED th~s the ~']~ day of ~,
2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
2619 Tenant Based Rffntal Ass~st!/nee Program ORDINANCE
2001 - 2003
TENANT-BASED RENTAL ASSISTANCE ADMINISTRATION AGREEMENT
BETWEEN THE CITY OF DENTON AND FAIRHAVEN, INC
(Bid tl 2619)
Th~s Conl~act ~s made and entered into by and between the C~ty of Denton, a Texas
mumc~pal corporation, acting by and through ~ts C~ty Manager, pursuant to ordinance, hereinafter
referred to as CITY, and Fatrhaven Rettrement, Inc, hereinafter referred to as CONTRACTOR
WHEREAS, CITY has received certain funds from the U S Department of' Housing and
Urban Development under the Nataonal Affordable Housing Act of 1990, as amended, and
WHEREAS, CITY has adopted a Consohdated Plan that mclades a budget for such funds
and ~ncluded therein an authorized budget for expenchture of funds for tenant-based rental assistance
to be prowded to elderly and chsabled residents, and
WHEREAS, CITY has designated the Commumty Servmes Office as the d~ws~on
responsible for the adm~mstrat~on oft!us contract and all matters pertmmng thereto, and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the partaes hereto agree, and by the execution hereof are bound to the
mutual obhgat~ons and to the performance and accomphshment of the condmons hereinafter
described
1
TERM
Tlus Contract shall commence on or as of January 1, 2001, and shall terminate on January 1,
2003
2.
RESPONSIBILITIES
A CONTRACTOR hereby accepts the respons~b~hty for the performance of all
services and actamt~es, described m the Work Statement attached hereto as Extublt A, ~n a
satisfactory and efficient manner as determined by CITY, ~n accordance w~th the terms here~n
B CONTRACTOR's executive d~rector shall be CONTRACTOR's representative
responsible for the management of all contractual matters pertmmng hereto, unless written
notfficat~on to the contrary is received and approved by CITY The CITY's Commamty
Development Adrmmstrator shall be CITY's representative responsible for the adm~mstrat~on of
tl~s contract
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3
CITY'S OBLIGATION
A. Limit of Llabihty CITY will reimburse CONTRACTOR for expenses incurred
pursuant hereto in accordance with the project budget included as a part of Exhibit B
Notwithstanding any other provision of the Contract, the total of all payments and other obligations
made or meurred by CITY hereunder shall not exceed the sum of $ 87,218 (Eighty-seven thousand
two hundred eighteen dollars)
B. 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 flus Section and Section 7 of this Contract
(1) CITY shall not be liable for any cost or portion thereof which
(a) has been paid, reimbursed or is subject to payment or
reunbursement, from any other source,
(b) was recurred prior to the beginning date, or after the ending
date specified in Section I,
(c) is not in stnct accordance with the terms of this Contract,
including all exhibits attached hereto, or
(d) has not been hilled to CITY within thirty (30) calendar days
follovang billing to CONTRACTOR, or termination of the Contract,
whichever date is earlier
(2) CITY shall not be liable for any cost or portion thereof which is recurred
with respect to any activity of CONTRACTOR reqmrmg prior written authorization from
CITY, or after CITY has requested that CONTRACTOR furmsh data concerning such
actlun prior to proceeding further, unless and until CITY advises CONTRACTOR to
proceed
(3) CITY shall not be obligated or liable under this Contract to any party other
than CONTRACTOR for payment of any momes or promslon of any goods or services
4.
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
CONTRACTOR understands that funds provided to ~t pursuant to this Agreement are funds
that have been made avmlable to CITY by the Federal Government (U S Department of Housing
and Urban Development) under the National Affordable Housing Act of 1990, as amended, ~n
accordance with an approved grant application and specific assurances Accordingly,
CONTRACTOR assures and certifies that ~t will comply with the requirements of the National
Affordable Housing Act of 1990 as amended and with regulations promulgated thereunder and
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codified at 24 CFR Part 92 as the HOME Investment Partnerships program The foregoing ~s in no
way meant to constitute a complete compllaUon of all duties ~mposed upon CONTRACTOR by law
or admlmstrat~ve mhng, or to narrow the standards that CONTRACTOR must follow
CONTRACTOR agrees to admlmster a local tenant-based rental assistance program in
comphance w~th regulations at 92 209 CONTRACTOR will ensure that all households receiving
Tenant-Based Rental Assistance ("TBRA") meet ehg~bfltty criteria as stated in the City of Denton's
Tenant Selection Pohcy and ~n the HOME regulations of 92 209 (c) Funding received under the
contract vail prowde TBRA to very low-income elderly and disabled households CONTRACTOR
agrees to continue adm~mstrat~on of TBRA to each designated household for the length of the tenant
assistance contract, regardless of change of residence CONTRACTOR agrees to inform
prospec~ve TBRA participants regarding their rights under the program, incluchng portability of the
assistance vatlun jurisdictional boundaries Only households residing ~n the City of Denton's
corporate hmlts may be provided with TBRA
CONTRACTOR further assures and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply vath them, or notify CITY,
as provided in Section 21 of this Agreement
CONTRACTOR shall abide by the conditions of and comply w~th the reqturements of the
Office of Management and Budget Circular Nos A-87, A-1 l0 and A-122
CONTRACTOR shall comply w~th all laws of the United States of America and the State of
Texas and ordinances of the C~ty of Denton in the performance of this contract
5.
REPRESENTATIONS
A CONTRACTOR assures and guarantees that it possesses the legal authority,
pursuant to proper, appropnate and official moUon, resolution or action passed or taken, to enter
into thxs Contract
B The person or persons signing and executing this Contract on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized
by CONTRACTOR to execute tins Contract on behalf of CONTRACTOR and to validly and
legally brad CONTRACTOR to all terms, performances and provisions herein set forth
C CITY shall have the right, at ~ts optton, to either temporarily suspend or permanently
terminate th~s Contract ffthere ~s a d~spute as to the legal authority of e~ther CONTRACTOR or the
person sigmng the Contract to enter rotc flus Contract CONTRACTOR shall pay to CITY any and
all money ~t receives from CITY pursuant to this Contract if CITY suspends or terminates fins
Contract for the reasons enumerated m th~s Section
D CONTRACTOR agrees that the funds and resources prowded CONTRACTOR
under the terms of this Contract will an 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
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have been avmlable to, or prowded through, CONTRACTOR had th~s Contract not been
executed
6.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will prowde, oversee, adm~mster, and carry out all of the act~wt~es and
servmes set out in the Work Statement, attached hereto and incorporated herein for all purposes as
Exlmblt A, utthzmg the funds as provided m Exhibit B, attached hereto and incorporated heroin for
all purposes and in accordance with all other terms, provisions and reqmmments of tlus Contract
No mochficatlons or alterations may be made in the Work Statement w~thout the prior
written approval of the CITY's Commumty Development Admlmstrator
7.
PAYMENTS TO CONTRACTOR
A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a max~mmn
amount of money not to exceed $87,218 (E~ghty seven thousand two hundred eighteen dollars) for
services rendered under tlus Contract CITY may pay these funds on a reimbursement basis to the
CONTRACTOR w~t!un twenty days after CITY has received supporting documentation Fmlure to
request reimbursement on a timely basis, may jeopardize present or future funding
B Excess Payment CONTRACTOR shall refund to CITY w~th~n ten (10) working
days of CITY's request, any sum of money wluch has been prod by CITY and wbach CITY at any
t~me thereafter determines
(1) has resulted ~n overpayment to CONTRACTOR,
(2) has not been spent strmtly m accordance with the terms of th~s Contract, or
(3) ss not supported by adequate documentation to fully justify the expenditure
C D~sallowed Costs/Reversion of Assets Upon termination of th~s Agreement, should
any expense or change for which payment has been made be subsequently disallowed or
disapproved as a result of any auditing or momtonng by CITY, the Department of Housing and
Urban Development, or any other Federal agency, CONTRACTOR wall refund such amount to
CITY within ten working days of a written notice to CONTRACTOR, whmh specffies the
amount disallowed If CITY finds that CONTRACTOR is unwilling and/or unable to comply
w~th any of the terms of this Contract, CITY may require a refund of any and all money
expended pursuant to this Contract by CONTRACTOR, as well as any remaunng unexpended
funds which shall be refunded to CITY within ten working days of a written notice to
CONTRACTOR to revert these financial assets The reversion of these financial assets shall be
~n addition to any other remedy avmlable to CITY either at law or in equity for breach of this
Contract
Refunds of disallowed costs may not be made from these or any funds received from or
through CITY
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D. Deobhgatlon of Funds In the event that actual expen&tures dewate from
CONTRACTOR's provision of a corresponding level of performance, as specffied ~n Exl~b~t A,
CITY hereby reserves the right to reappropnate or recapture any such under expended funds
E Contract Close Out CONTRACTOR shall submit the Contract close out package
to CITY, together wath a final expenditure report, for the txme period covered by the last mvome
requesting reunbursement of funds under flus Contract, w~flun flurry (30) working days following
the close of the Contract period CONTRACTOR shall utilize the form agreed upon by CITY and
CONTRACTOR
WARRANTIES
CONTRACTOR represents and warrants that
A All ~nformat~on, reports and data heretofore or hereafter requested by CITY and
furmshed to CITY, are complete and accurate as of the date shown on the mformat~on, data, or
report, and, smce that date, have not undergone any s~gmficant change w~thout written not~ce to
CITY
B Any suppomng financial statements heretofore requested by CITY and furmshed to
CITY, are complete, accurate and fatrly reflect the financial cond~tmn of CONTRACTOR on the
date shown on smd report, and the results of the operation for the period covered by the report, and
that s~nce smd date, there has been no material change, adverse or otherwise, in the financml
condition of CONTRACTOR
C No ht~gat~on or legal proceedings are presently pending or threatened agmnst
CONTRACTOR
D None of the prows~ons here~n contravenes or 1s ~n conflmt with the authority under
wbach CONTRACTOR ~s dmng business or with the prowslons of any extmng ~ndenmre or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter into flus Contract and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
eondmons of th~s Contract
F None of the assets of CONTRACTOR are subject to any hen or encumbrance of any
character, except for current taxes not dehnquent, except as shown ~n the financial statements
furnished by CONTRACTOR to CITY
Each of these representations and warrant~es shall be contmmng and shall be deemed to
have been repeated by the submission of each request for payment
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COVENANTS
Dunng the period of time that payment may be made hereunder and so long as any
payments remaan unhqu~dated, CONTRACTOR shall not, without the prior written consent of
CITY's Director of Community Development or her authorized representative
(1) Mortgage, pledge, or otherwlse encumber or suffer to be encumbered, any of
the assets of CONTRACTOR now owned or hereafter acqmred by ~t, or permit any pre-
exlstmg mortgages, hens, or other encumbrances to remmn on, or attached to, any assets of
CONTRACTOR which are allocated to the performance of tlus Contract and with respect to
wtuch CITY has ownership hereunder,
(2) Sell, assign, pledge, transfer or otherwise d~spose of accounts receivables,
notes or clmms for money due or to become due,
(3) Sell, convey, or lease all or a substantml part of its assets,
(4) Make any advance or loan to, or recur any habfi~ty for any other firm,
person, entity or corporation as guarantor, surety, or accommodation endorser, or
(5) Sell, donate, loan or transfer any eqmpment or item of personal property
purchased w~th funds prod to CONTRACTOR by CITY, unless CITY authorizes such
transfer
CONTRACTOR shall, upon written request by CITY, require ~ts employees to attend
trmmng sessions sponsored by the Commun~W Serwces D~wslon
l0
ALLOWABLE COSTS
A Costs shall be considered allowable only if incurred d~rectly ~n the performance of
and m comphance w~th this Contract and ~n conformance w~th the standards and prows~ons set forth
in Exhibits A and B
B Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written
approval of the expenditure of funds, even though certmn ~tems may appear there~n CITY's prior
wrnten authorization ~s reqmred ~n order for the following to be considered allowable costs
(1) Encumbrance or expenditure dunng any one month period which exceeds
one-filth (1/5) of any budgeted hne ~tems for costs as specified xn Exhibit B,
(2) CITY shall not be obhgated to any third purt~es, xnclud~ng any
subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any
contract service extending beyond the expiration ofth~s Contract,
(3) Out of town travel,
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(4) Any alterations or relocation of the facllmes on and ~n wluch the acOwtles
specified m Exhibit A are conducted,
(5) Any alterations, deletions or additions to the Personnel Schedule
incorporated in Exhibit B,
(6) Costs or fees for temporary employees or services,
(7) Any fees or payments for consultant servmes, or
(8) Fees for attending out of town meetings, sennnars or conferences
Written requests for prior approval are CONTRACTOR's responsibility and shall be made within
sufficient t~me to pernnt a thorough rewew by CITY Contractor must obtain written approval by
CITY prior to the commencement of procedures to sohc~t or purchase services, eqmpment, or real
or personal property Any procurement or purchase which may be approved under the terms of th~s
Contract must be conducted in its entirety m accordance with the provisions of flus Contract
11.
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to mmntam records that vnll provide accurate, current,
separate, and complete disclosure of the status of the funds received under th~s Contract, in
comphance w~th the prowslons of Exlub~t B, attached hereto, and with any other apphcable Federal
and State regulations estabhsbang standards for financial management CONTRACTOR's record
system shall contmn sufficient documentation to provide m detail full support and iustfficat~on for
each expenditure Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal
accountability and liability under any other prowslon of th~s Contract or any applicable law
CONTRACTOR shall ~nclude the substance of flus provision in all subcontracts
B CONTRACTOR agrees to retmn all books, records, documents, reports, and written
accounting pohmes and procedures pertatmng to the operation of programs and expenditures of
funds under flus Contract for the period of time and under the con&tlons specified by CITY
C Nothmg in the above subsections shall be constmed to relieve CONTRACTOR of
responslbthty for retmmng accurate and current records wluch clearly reflect the level and benefit of
services prowded under flus Contract
D At any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make avmlable to CITY, or any of its authorized representatives, all of ~ts
records and shall permit CITY, or any of its authorized representatives to audit, examine, make
excerpts and cop~es of such records, and to conduct audits of all contracts, lnvomes, materials,
payrolls, records of personnel, conditions or employment and all other data requested by said
representatives
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12
REPORTS AND INFORMATION
At such times and in such form as CITY may reqmre, CONTRACTOR shall furmsh such
statements, records, data and information as CITY may request and deem pertinent to matters
covered by this Contract
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less
than once each three months, w~th the first reports due on or before March 30, 2001 The
beneficiary report shall detml client information, including race, income, and other statistics
reqmred by CITY The financial report shall include information and data relative to all
programmatac and financial reporting as of the beginning date specified in Section I of this Contract
Unless a written exemptton has been granted by the CITY, CONTRACTOR shall submit an
audit conducted by independent examiners w~ttun ten (10) days after receipt of such
13.
MONITORING AND EVALUATION
A CITY shall perform on-site momtonng of CONTRACTOR's performance under
this Contract
B CONTRACTOR agrees that CITY may carry out monitoring and evaluation
activities to ensure adherence by CONTRACTOR to the Work Statement which is attached hereto
as Exhibit A, as well as other provisions oftlus Contract
C CONTRACTOR agrees to cooperate fully with CITY in the development,
lmplementatton and maintenance of record-keeping systems and to provide data determined by
CITY to be necessary for CITY to effectively fulfill its momtorlng and evaluation responsibilities
D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay
CITY in such momtormg and to designate one of its staff to coordinate the momtonng process as
requested by CITY staff
E After each official momtonng visit, CITY shall provide CONTRACTOR with a
written report ofmonltonng finchngs
F CONTRACTOR shall submit copies of any fiscal, management, or aucht reports by
any of CONTRACTOR's funding or regulatory bodies to CITY w~than five (5) workang days of
receipt by CONTRACTOR
14.
DIRECTORS' MEETINGS
Dunng the term of tbas Contract, 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
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an agenda and a brief description of the matters to be discussed CONTRACTOR understands and
agrees that CITY representataves shall be afforded access to all of the Board of Directors' meetings
Minutes of all meetings of CONTRACTOR's governing body shall be avmlable to CITY
w~thm ten (10) worlang days of approval
15.
INSURANCE
A CONTRACTOR shall observe sound bus~ness practices with respect to prowd~ng
such bondang and insurance as would provide adequate coverage for sermces offered under tins
Contract
B CONTRACTOR shall obtmn, for the premises on and in whmh the activities
described m Exhibit A are conducted, and for the employees conducting these act~vltaes, premise
habd~ty insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as an
additional ~nsured Upon request of CONTRACTOR, CITY may, at its sole discretion, approve
alternate msurance coverage arrangements
C CONTRACTOR w~ll comply w~th apphcable workers' compensation statutes and
will obtmn employers' habthty coverage where avmlable and other appropriate habthty coverage for
program partmlpants, if applicable
D CONTRACTOR will ma~ntmn adequate and continuous habthty insurance on all
vehicles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are reqmred to drive a vetucle m the normal scope and course of their employment must possess a
vahd Texas driver's hcense and automobile habdlty insurance Ewdence of the employee's current
possession of a vahd hcense and insurance must be maintained on a current bas~s ~n
CONTRACTOR's files
E Actual losses not covered by ~nsurance as required by this Section are not allowable
costs under th~s Contract, and remmn the sole responslbthty of CONTRACTOR
16
EQUAL OPPORTUNITY
A CONTRACTOR shall subnut for CITY's approval a written plan for compliance
w~th the Equal Employment and Affirmative Action Federal provisions, w~thln tturty (30) days of
the effective date of this Contract
B CONTRACTOR shall comply wath all apphcable equal employment oppormmty
and affirmatave actton laws or regulattons
C CONTRACTOR w~ll furmsh all ~nformatlon and reports requested by the CITY, and
will permit access to its books, records, and accounts for purposes of investigation to ascertmn
compliance with local, state and Federal rules and regulations
Page 9 of 18
D, In the event of CONTRACTOR's non-comphance wath the non-d~scnmlnatlon
mqmrements, City may cancel or terminate the Contract m whole or ~n part, and CONTRACTOR
may be barred from further contracts wath CITY
17
PERSONNEL POLICIES
CONTRACTOR shall establish and malntmn personnel pollmes wbach shall be available for
examlnatmn Such personnel policies shall
A Be no more hberal than CITY's personnel pobcles, procedures, and practmes,
lncludmg policies wath respect to employment, salary and wage rates, working hours and holidays,
flange benefits, vacation and sink leave privileges, and travel, and
B Be m writing and shall be approved by the governing body of CONTRACTOR and
by CITY
18
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither ~t nor any member of its governing body
presently has any interest, d~rect or redirect, wbaeh would conflmt m any manner or degree vath the
performance of servmes reqtured to be performed under tbas Contract CONTRACTOR. further
covenants that m the performance of this Contract, no person having such interest shall be employed
or appomted as a member of ~ts govermng body
B CONTRACTOR further covenants that no member of its govermng body or ~ts staff,
subcontractors or employees shall possess any interest m or use bas position for a purpose that ~s or
gives the appearance of being motivated by desire for private gmn for himself, or others, particularly
those wtth wbaeh he has family, business, or other ties
C No officer, member, or employee of CITY and no member of its governing body
who exercises any function or responslbaht~es m the rewew or approval of the undertaking or
carrying out of this Contract shall (1) participate m any dems~on relating to the Contract which
affects bas personal mterest or the interest m any corporation, partnersbap, or association m wbaeh he
has direct or md~reet interest, or (2) have any interest, direct or md~rect, m tbas Contract or the
proceeds thereof
19.
NEPOTISM
CONTRACTOR shall not employ m any paid capacity any person who ~s a member of the
~mmedlate famdy of any person who ~s currently employed by CONTRACTOR., or is a member of
CONTRACTOR's govermng board The term "member of ~mmedlate fannly" includes wife,
husband, son, daughter, mother, father, brother, s~ster, m-laws, aunt, uncle, nephew, mete,
step-parent, step-cbald, half-brother and half-sister
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20.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is prepanng or
submitting any appheatlon for funchng for the program described in Exhibit B in accordance wath
the following procedures
A When the application is in the planning stages, CONTRACTOR shall submit to
CITY a description of the fi.rods being applied for, and the proposed use of funds
B 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 writing, within ten (10) working
days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of
the budget, program description, and contract
C CONTRACTOR shall not use funds provided hereunder, either directly or
indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under
any federal or private program w~thout the prior written consent of CITY
21
CHANGES AND AMENDMENTS
A Any alterations, adchtions, or deletions to the terms of this Contract shall be by
written amendment executed by both pames, except when the terms of this Contract expressly
provide that another method shall be used
B CONTRACTOR may not make transfers between or among approved line-items
wathm budget categories set forth in Extub~tB without prior written approval of CITY
CONTRACTOR shall request, m writing, the budget revision in a form prescribed by CITY, and
such request for revision shall not increase the total monetary obligation of CITY under this
Contract In addition, budget remslons cannot slgmficantly change the nature, intent, or scope of the
program funded under this Contract
C CONTRACTOR wall submit revised budget and program information whenever the
level of funchng for CONTRACTOR or the program(s) described herein is altered according to the
total levels contmned m any portion of Exhibit B
D It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of tlus Contract Any such
modifications are to be automatacally incorporated into this Contract pathout written amendment
hereto, and shall become a part of the Contract on the effective date specified by the law or
regulation
E CITY may, from time to tune dunng the term of the Contract, request changes in
Exhibit A, which may include an mcrease or decrease in the amount of CONTRACTOR's
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compensation Such changes shall be incorporated in a written amendment hereto, as provided in
Subsection A ofthts Section
F Any alterations, deletions, or additions to the Contract Budget Detail incorporated in
Exhibit B shall require the prior written approval of CITY
G CONTRACTOR agrees to notify CITY of any proposed change in physical location
for work performed under fins Contract at least thru3, (30) calendar days in advance of the change
H CONTRACTOR shall notify CITY of any changes in personnel or governing board
composition
I It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among smd programs will be permitted
22.
SUSPENSION OF FUNDING
Upon detenmnatlon by CITY of CONTRACTOR's failure to timely and properly perform
each of the requirements, time conchtlons and duties provided herein, CITY, without limiting any
rights it may otherwise have, may, at its discretion, and upon ten (10) worlang days written notice to
CONTRACTOR, wtthhold further payments to CONTRACTOR Such notice may be given by
mall 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 aetton, but in no event shall it exceed thirty (30) calendar days At the end of the
suspension period, if CITY detenmnes the default or deficiency has been satisfied, CONTRACTOR
may be restored to full compliance status and pard 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 23 may be effectuated
23
TERMINATION
A CITY may terminate this Contract with cause for any of the following reasons
(1) CONTRACTOR's fmlure to attmn compliance dunng any prescribed period
of suspension as provided in Section 22
(2) CONTRACTOR's violation of covenants, agreements or guarantees of this
Contract
(3) Termination or reduction of funchng by the United States Department of
Housing and Urban Development
(4) Finding by CITY that CONTRACTOR
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(a) is ~n such unsatisfactory financial condit~on as to endanger
performance under th~s Contract,
(b) has allocated inventory to thts Contract substantmlly exceeding
reasonable reqmrements,
(c) is delinquent in payment of taxes, or of costs of performance of this
Contract m the ordanary course of business
(5) Appointment of a trustee, receiver or hqmdator for all or substantml part of
CONTRACTOR's property, or restitution of bankruptcy, reorganization, rearrangement of
or hqmdat~on proceedmgs by or agmnst CONTRACTOR
(6) CONTRACTOR's mabdlty to conform to changes required by Federal, State
and local laws or regtflat~ons as prowded in Section 4, and Section 21 (D), of th~s Contract
(7) The comm~ssmn of an act of bankruptcy
(8) CONTRACTOR's wolation of any law or regulation to whmh
CONTRACTOR is bound or shall be bound under the terms of the Contract
CITY shall promptly notify CONTRACTOR ~n writing of the dec,stun to terminate and the
effective date of termination S~multaneous notice of pending termmatton maybe made to other
funding sources specffied ~n Exhibit B
B CITY may terminate flus Contract for convenience at any t~me If this Contract as
terminated by CITY for convemence, CONTRACTOR wall be prod an amount not to exceed the
total of accrued expenditures as of the effectqve date of termination In no event will th~s
compensation exceed an amount whtch bears the same ratio to the total compensation as the
serwces actually performed bears to the total services of CONTRACTOR covered by the Contract,
less payments previously made
C CONTRACTOR may terminate ttus Contract m whole or m part by written notlee to
CITY, ff a termmat~on of outsade funding occurs upon whach CONTRACTOR depends for
performance hereunder CONTRACTOR may opt, wlthm the hmaatlons of tins Contract, to seek
an alternative funchng source, w~th the approval of CITY, provided the term~natton by the outside
funding source was not occasioned by a breach of contract as defined here~n or as defined ~n a
contract between CONTRACTOR and the funding source ~n quesnon
CONTRACTOR may terminate this Contract upon the dlssoluUon of CONTRACTOR's
orgamzatlon not occasioned by a breach of this Contract
D Upon receipt of not~ce to terminate, CONTRACTOR shall cancel, v~thdraw, or
otherwase terminate any outstanding orders or subcontracts whach relate to the performance of th~s
Contract CITY shall not be lmble to CONTRACTOR or CONTRACTOR's creditors for any
expenses, encumbrances or obhgatlons whatsoever incurred after the termination date
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E Notwuthstanding any exercise by CITY of its right of suspension or termination,
CONTRACTOR shall not be relieved of habihty to CITY for damages sustmned by CITY by virtue
of any breach of the Contract 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
24
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, stat or other action is made or brought by any
person(s), fmu, corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written not~ce thereof to CITY v~thln two (2) working days after being not~fied of such claim,
demand, stat or other act]on Such not~ce shall state the date and hour of notification of any such
clmm, demand, stat or other action, the names and addresses of the person(s), firm, corporation or
other entity making such claim, or that ~nst~tuted or threatened to ~nst~tute any type of action or
proceeding, the bas~s of such claim, act]on or proceeding, and the name of amy person(s) against
whom such claim is being made or threatened Such written notice shall be delivered either
personally or by mml
25.
INDEMNIFICATION
A. It as expressly understood and agreed by both parties hereto that CITY is
contracting w~th CONTRACTOR as an independent contractor and that as such,
CONTRACTOR shall save and hold CITY, ars officers, agents and employees harmless from
all hablhty of any nature or land, including costs and expenses for, or on account of, any
claims, autht exceptions, demands, stats 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 ~ts agents, employees, or contractors from any and all claims, stats, causes of
action, demands, damages, losses, attorneys fees, expenses, and habihty arlsmg out of the use
of these contracted funds and program administration and implementation except to the
extent caused by the wailful act or omission of CITY, its agents or employees
26
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any
interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other
financial mst]tutxon vathout the prior written approval of CITY
B If any provision of tins Contract is held to be ~nvalid, illegal, or unenforceable, the
remaining provisions shall remain m full force and effect and continue to conform to the original
intent of both parties hereto
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C In no event shall any payment to CONTRACTOR hereunder, or any other act or
failure of CITY to insist m any one or more instances upon the terms and conditions of thru Contract
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 ommslon in any manner impart or prejudice any right, power, privilege, or remedy avmlable
to CITY to enfome ~ts rights hereunder, winch rights, powers, pnvdeges, or remedaes are always
specffically preserved No representative or agent of CITY may waive the effect of this provision
D Tins Contract, together with referenced exhibits and attachments, constatutes the
entire agreement between the part,es hereto and may not be altered, mochfied or amended unless
such altera'non, mochficat~on or amendment is m writing signed by both parties
E In the event any disagreement or dispute should arise between the parties hereto
pertmnmg to the interpretation or meamng of any part oftlus Contract or its governing rules, codes,
laws, ordinances or regulations, CITY as the party ultnnately responsible to HUD for matters of
compliance, will have the final authority to render or to secure an interpretation
F For purposes of tins Contract, all official commamcatlons and notmes among the
parties shall be deemed made as of the date marled if sent postage paid to the parties and address set
forth below
TO CITY TO CONTRACTOR
City Manager Falrhaven, Inc
City of Denton ATTN Knsten Hardy-Price, Exec Director
215 E McKanney St 2400 N Bell Avenue
Denton, Texas 76201 Denton, TX 76201
j~ft4IN WITNESS OF WHICH this Contract has been executed on this the ~J~ day of
r~~*'~ CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUT~.~ATTORNEY
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FAIRHAVEN, INC
ATTEST
BOARD SECRETARY
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EXHIBIT "A"
WORK STATEMENT
Contractor will administer HOME program funding to provide no less than thirteen subsidies for
very low-income households Eight of the subsidies will assist elderly persons Five subsidies
will assist persons with disabilities Households may choose any rental unit within the City of
Denton that l) meets a rent reasonableness test, and 2) is in standard condltmn with no features
that may adversely affect the health and safety of the residents
The following IS a hst of activities that the CONTRACTOR agrees to ~mplement
1 Accept referrals of very low-income elderly and d~sabled apphcants ~n need of rental
assistance
2 Provide preliminary screening of referrals to evaluate eligibility for TBRA assistance
3 Certify that all assisted households meet the City of Denton's Tenant Selection Pohcy
standards
4 Mmnt~un a waiting list of applicants for referral
5 Market the program affirmatively
6 Ensure that all contract rents under the program are reviewed and approved by HUD and the
City of Denton
7 When possible, prowde additional services to assist elderly and disabled participants in
mmntmnlng their independent living status
8 Mmntmn appropriate documentation of the TBRA program and submit smd documentation to
the City upon request
9 Allow reasonable on-site monltonng by representatives of the CITY and the US Department
of Housing and Urban Development
10 Matntmn comphance with HOME program regulations codified at 24 CFR Part 92
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EXHIBIT "B"
BUDGET
Rental Subsidy Payments $81,778 00
Program Admtmstratlon $ 5,440 00
(Including but not hm~ted to salaries, advertising,
supplies, telephone, postage)
Total Budget $87,218 00
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