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2001-233 ORDINANCE NO d~t~/--d~.~ AN O~rNANCE OF THE CITY OF DENTON AUTHO~Zn~G A SERVICE AG~EMEm ~ · -~ ~o~ o~ s7,s00 oo (S~WN ~.ous~ F~w ~o ~o~s)~. ~.~ BOYS & GI~S CL~S OF DENTON CO~TY TO PROVIDE A S~MER DAY C~ PROG~ TO YOUTH AGES 6-12 LW~G ~ SOUTHEAST DENTON, PROVinG FOR THE E~E~IT~ OF F~S THE~FO~, A~ PROVID~G FOR AN EFFECTIVE DATE ~E~AS, the C~ty of Denton receives Co~ty Development Block Gr~t ~ds ~om the U S D~ent of Housing ~d Urb~ Development ~der Title I of the Housing ~d Co~ty Developm~t Act of 1974, ~ ~ended, ~d ~E~AS, ~e C~ty has adopted a budget for such f~ds ~d mclud~ thermn ~ au~onzed budget for expen&t~e of ~ds for pubhc semites, ~d ~E~AS, ~e C~ of D~ton m concerned w~th the provlmon of affordable daycme to chfl~en ~om low-income households, ~d ~E~AS, the Boys & Offs Club ofD~ton Co~ty ts prow&ng a su~er day proem tmgeted towed low to moderateqncome you~ ages 6 - 12 hvmg m Southe~t Denton, NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HE.BY O~S ~ ~ That ~e C~ty Co~cfl of~e C~ty of Denton au~onzes ~e C~ty M~ager to s~ ~d e~ecute a Co--unity Development Block ~t Se~me Agreement with the Boys ~d G~rls Clubs of Denton Co~ty m the ~o~t of $7,500 (Seven Thous~d F~ve Hundred Doll.s) to prowde a smer day progrm to you~ ages 6-12 hwng in Southeast Denton SEGTION 2 That ~e C~ty Co.cfi authorizes the Co~W Development A~ms~ator to h~dle all fiscal ~d administrative matters relating to the se~me a~eement SECTION 3 That ~e C~ty Secret~ ~s hereby authorized to finish tree, complete, ~d co.eot copies of thru ordinate to all mt~ested p~aes SECTION 4 That th~s ordm~ce shill become effective ~mme&ately upon ~ts passage ~d approval PASSED~ ~PROVEDthm~e /7~ dayof ~~ ,2001 E~E BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY / / 2001 CDBG SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BOYS AND GIRLS CLUBS OF DENTON COUNTY FOR FRED MOORE SUMMER PROGRAM Tla~s Agreement ~s made and entered into by and between the C~ty of Denton, a Texas munm~pal corporatmn, acting by and through ~ts C~ty Manager, pursuant to ordinance, heremafter referred to as CITY, and Boys & Carls Clubs of Denton County, 101 North Austin, State 1, Denton, TX 76201, a Texas non-profit corporatmn, here~nat~er referred to as CONTRACTOR WHEREAS, CITY has received certmn funds from the U S Department of Housmg and Urban Development under T~tle I of the Housing and Commumty Development Act of 1974, as amended, and WHEREAS, CITY has adopted a budget for such funds and ~ncluded there~n an authorized budget for expenditure of funds for the Boys & Carls Club of Denton County's Fred Moore summer program, and WHEREAS, CITY has designated the Community Servmes Office as the d~vlsmn responsible for the adm~mstrat~on of th~s Agreement and all matters pertmmng thereto, and WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project, NOW, THEREFORE, the part, es hereto agree, and by the execution hereof are bound to the mutual obhgat~ons and to the performance and accomphshment of the conditions hereinafter described 1. TERM Th~s Agreement shall commence on or as of June 4, 2001, and shall terminate on August 24, 2001, unless sooner terminated ~n accordance w~th Section 26 "Tenmnatmn" 2 RESPONSIBILITIES CONTRACTOR hereby accepts the respons~bd~ty for the performance of all servmes and act~vmes described m the Work Statement attached hereto as Extub~t A, and ~ncorporated hereto by referent,, m a satisfactory and effiment manner as determined by CITY, m accordance w~th the terms harem CITY wall consider CONTRACTOR's executive officer to be CONTRACTOR's representative responmble for the management of all contractual matters pertalmng hereto, unless written notfficat~on to the contrary is received from CONTRACTOR, and approved by CITY Page 1 of 21 The CITY's Commumty Development Admlmstrator wall be CITY's representative responsible for the admlmstratton of tfus Agreement 3 CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTKACTOR for expenses incurred pursuant and tn accordance w~th the project budget attached hereto as exlublt B and ~ncorporated hereto by reference Notwtthstandmg any other prowslon of the Agreement, the total of all payments and other obhgat~ons made or recurred by CITY hereunder shall not exceed the sum of $7,500 00 (Seven thousand five hundred dollars) B.~ Measure of Liability. In consideration of full and sattsfactory serwces and actlv~Ues hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated hereto for all purposes as Exfub~t B, subject to the hm~taUons and provts~ons set forth m this Section and Section 7 oftfus Agreement (1) The part,es expressly understand and agree that CITY's obhgat~ons under this Section are contingent upon the actual receipt of adequate Communtty Development Block Grant ("CDBG") funds to meet CITY's habflmes under th~s Agreement If adequate funds are not avatlable to make payments under tfus Agreement, CITY shall notify CONTRACTOR m writing w~thm a reasonable time after such fact has been determined CITY may, at tts opUon, e~ther reduce the amount or,ts habthty, as specified m Subsection A oftfus Sectwn or termmate the Agreement If CDBG funds ehglble for use for purposes of th~s Agreement are reduced, CITY shall not be hable for further payments due to CONTRACTOR under th~s Agreement (2) It ~s expressly understood that th~s Agreement m no way obligates the General Fund or any other momes or credtts of the C~ty of Denton (3) CITY shall not be hable for any cost or pomon thereof which (a) has been pa~d, reimbursed or ts subject to payment or reunbursement, from any other source, (b) was ~ncurred prior to the beglnmng date, or after the endtng date specified in Section l, (c) ts not m strict accordance wtth the terms ofthts Agreement, mcluihng all exhibits attached hereto, (d) has not been balled to CITY w~thm 90 calendar days following bflhng to CONTRACTOR, or termmaUon of the Agreement, whichever date ~s earher, or Page 2 of 21 (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 recurred w~th respect to any activity of CONTRACTOR reqmrmg 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 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds, which have been made avmlable 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, m accordance w~th an approved Grant Application and specific assurances Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Commumty Development Act of 1974 (P L 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570 The foregoing is m no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards that CONTRACTOR must follow CONTRACTOR further accrues and certifies that ~f 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 Offide of Management and Budget Circulars Nos A-110 and A-122 B CONTRACTOR shall comply with all apphcable federal laws, laws ofthe State °fTexas and ordinances of the City of Denton 5. REPRESENTATIONS A CONTRACTOR assures and guarantees that it possesses the legal auth°nty, pursuant t° any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement B The person or persons signing and executing this Agreement on behalf of 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 Page 3 of 21 C CITY shall have the nght, at its option, to either temporarily suspend or permanently terminate this Agreement if there m a dispute as to the legal authority of either CONTRACTOR or the person, signing the Agreement to enter mto this Agreement CONTRACTOR as liable to CITY for any money at has received from CITY for performance of the provtslons of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated m this Section D iCONTRACTOR agrees that the funds and resources prowded CONTRACTOR under the terms of this Agreement wall an no way be substituted for funds and resources from other sources, nor m any way serve to reduce the resources, services, or other benefits which would have been avmlable to, or promded through, CONTRACTOR had th~s Agreement not been executed 6. PERFORMANCE BY CONTRACTOR CONTRACTOR wall provide, oversee, administer, and carry out all of the acttvltles and services set out m the WORK STATEMENT, attached hereto and incorporated herem for all purposes as Extublt A, utthzmg the fimds described ~n 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 an accordance with all other terms, prowslons and reqmrements of tins Agreement No modifications or alterations may be made in the Work Statement without the prior wntten approval ~)f the City's Community Development Admunstrator 7. PAYMENTS TO CONTRACTOR A. Payments to Contractor. CITY shall pay to CONTRACTOR a maximum amount of money tc~talmg $7,500 00 (seven thousand five hundred dollars) for services rendered under this Agreemeflt CITY wall pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation CONTRACTOR's failure to request reimbursement on a tamely basts may jeopardize present or future funding Funds are to be used for the sole purpose of the Boys & Gifts Club of Denton County Fred Moore summer program B' Excess Payment. CONTRACTOR shall refund to CITY within ten working days of CITY's [equest, any sum of money which has been paid by CITY and whmh CITY at any tame thereafter determines (1) has resulted an overpayment to CONTRACTOR, or (2) has not been spent strictly tn accordance with the terms of tfus Agreement, or (3) ts not supported by adequate documentation to fully justify the expenditure Page 4 of 21 C. Disallowed Costs/Reversion of Assets. Upon termination of tins Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result ofa~y auditing or momtormg 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 not,ce to CONTRACTOR, winch specffies the amount disallowed IfCITY finds that CONTRACTOR is unwilling and/or unable to comply with any of the terms of tins Contract, CITY m~y require a refund of any and all money expended pursuant to this Contract by CONTRACTOR, as well as any rem0anmg unexpended funds which shall be refunded to CITY within tenlworkmg days of a wn~ten notme to CONTRACTOR to revert these financial assets The reversion of these financial assets shall be m addition to any other remedy available to CITY either at law or m cqmty for breach of tfus Contract Refunds of disallowed costs may not be made from these or any funds received from or through CITY D; Obligation of Funds. In the event that actual expenditure rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified m Exhibit A, CITY hereby reserves the right to reappropnate or recapture any such under expended funds E. Contract Close Out. CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen working days following the close of the Agreement period CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR 8. WARRANTIES CONTRACTOR represents and warrants that A All information, reports and data heretofore or hereafter requested by CITY and furmshed to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY B Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on smd report, and the results of the operation for the period covered by the report, and that since smd date, there has been no material change, adverse or otherwise, in the fmanmal condition of CONTRACTOR C No litigation or legal proceedings are presently pending or threatened agmnst CONTRACTOR D None of the provisions herein contravenes or is in conflict with the authority under winch CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR Page 5 of 21 E CONTRACTOR has the power to enter mto this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement F None of the assets of CONTRACTOR ts subject to any hen or encumbrance of any character, except for current taxes not delinquent, except as shown m the finanmal statements furmshed by CONTRACTOR to CITY Each of these representattons and warranttes shall be continuing and shall be deemed to have been repeated by the submtsslon of each request for payment 9. COVENANTS A, Dunng the period of time that payment may be made hereunder and so long as any payments remain unhqmdated, CONTRACTOR shall not, wtthout the pnor written consent of the Community Development Admlmstrator 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 acqmred by it, or penmt any pre-ex~stmg mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance ofth~s Agreement and wtth respect to whmh CITY has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise d~spose of accounts receivables, notes or elmms for money due or to become due (3) Sell, convey, or lease all or substantial part or,ts assets (4) Make any advance or loan to, or incur any habthty for any other firm, person, entity or corporation as guarantor, surety, or accommodatton endorser (5) Sell, donate, loan or transfer any eqmpment or ~tem of personal property purchased with funds prod to CONTRACTOR by CITY, unless CITY authorizes such transfer B CONTRACTOR cannot use funds received under thts Agreement to acqmre or improve real property C CONTRACTOR agrees, upon written request by CITY, to reqmre its employees to attend trmmng sessions sponsored by the Community Services Office Page 6 of 21 10. ALLOWABLE COSTS A Costs shall be considered allowable only ~f ~ncurred directly and specffically in the performance of and m eomphance w~th this Agreement and ~n conformance w~th the standards and provisions of Exhibits A and B B Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certmn items may appear herein CITY's prior written authorization is required m order for the following to be considered allowable costs (1) Encumbrances or expenditures during any one month penod whmh exceeds one- half (I/2) of the total budget as specified in Exhibit B (2) CITY shall not be obhgated to any third parties, ~ncludlng any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement (3) Out of town travel (4) Any alteratmns or relocation of the facfl~tms on and in which the act~wt~es speeffied m Exhibit A are conducted (5) Any alterations, deletions or add~tions to the Personnel Schedule incorporated ~n Exhibit B (6) Costs or fees for temporary employees or services (7) Any fees or payments for consultant services (8) Fees for attending out of town meetings, seminars or conferences Written requests for prior approval are CONTRACTOR's responsiblhty and shall be made w~th~n mffiment t~me to permit a thorough rewew by CITY CONTRACTOR must obtmn 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 Agreement, must be conducted in ~ts entirety in accordance w~th the provisions of th~s Agreement 11. PROGRAM INCOME A For purposes of th~s Agreement, program ~ncome means earnings of CONTRACTOR real~zed ,from act~wt~es resulting from this Agreement or from CONTRACTOR's management of funding prowded or received hereunder Such eammgs ~nclude, but are not hm~ted to, income from ~nterest, usage or rental or lease fees, income produced from contract-supported services of Page 7 of 21 individuals or employees or from the use or sale of eqmpment or famhtaes of CONTRACTOR provaded as a result of thas Agreement, and payments from chents or thard partms for servmes rendered by CONTRACTOR under th~s Agreement B CONTRACTOR shall mmntmn records of the receipt and d~spos~Uon ofprogram income in the same manner as required for other contract funds, and reported to CITY ~n the format prescribed by CITY CITY and CONTRACTOR agree, based upon adwce received from representatives of the U S Department of Housang and Urban Development (HUD), that any fees collected for servaces performed by CONTRACTOR shallbe spent only for service provm~on These fees or other program ancome wall be deducted from the regular reambursement request C CONTRACTOR shall include thas Sectaon in ats enUrety ~n all of~ts sub-contracts that anvolve other income-producing services or act~wt~es D It as CONTRACTOR'S respons~bthty to obtain from CITY a prior determination as to whether or not income ansang d~rectly or md~mctly from thru Agreement, or the performance thereof, const~tutos program ~ncome CONTRACTOR as responsable to CITY for the repayment of any and all amounts determined by CITY to be program ancome, unless otherwase approved ~n writing by CITY 12. MAINTENANCE OF RECORDS A CONTRACTOR agrees to mmntaln records that wall provade accurate, current, separate, and complete dasclosure of the status of the funds mceaved under tbas Agreement, ~n comphance w~th the prows~ons of Exhibit B, attached hereto, and w~th any other apphcable Federal and State regulat~oas estabhshmg standards for financml management CONTRACTOR's record system shall contmn suffiment documentation to promde an detml full support and justfficataon for each expenditure Nothing an this Sectaon shall be construed to relieve CONTRACTOR of fiscal accountability and habflaty under any other provas~on of thas Agreement or any apphcable law CONTRACTOR shall anelude the substance of thas prows~on m all subcontracts B CONTRACTOR agrees to retmn all books, records, documents, reports, and written accounting procedures pertmmng to the operation of programs and expenditures of funds under th~s Agreement for five years C Nothing an the above subsections shall be construed to reheve CONTRACTOR of responsabfl~ty for rettumng accurate and current records, which clearly reflect the level and benefit of servmes, prowded under thru Agreement D At any reasonable t~me and as often as CITY may deem necessary, the CONTRACTOR shall make avmlable to CITY, HUD, or any ofthear authorized representatives, all of~ts records and shall permat CITY, HUD, or any of their anthonzed representatives to audit, examine, make excerpts and cop~es of such records, and to conduct audats of all contracts, invoices, materials, payrolls, records of personnel, condat~ons or employment and all other data requested by smd representatives Page 8 of 21 13. REPORTS AND INFORMATION At Isuch t~mes and ~n such form as CITY may reqmm, CONTRACTOR shall furmsh such statements, records, data and ~nformat~on as CITY may request and deem pertinent to matters covered by th~s Agreement CONTRACTOR shall submit a year-end beneficmry report to CITY within one month of the completion of the summer program The beneficmry report shall detml chent ~nfonnatlon, ~nclud~ng race, ~ncome, female head of household and other stat~sttcs reqmred by CITY Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit conducted by mdependent examiners w~tfun ten days after receipt of such 14. MONITORING AND EVALUATION A CITY shall perform on-s~te momtonng of CONTRACTOR's performances under tfus Agreement B CONTRACTOR agrees that CITY may carry out momtonng and evaluation act~vxtms to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Object~ves, which are attached hereto as Exfub~t A, as well as other prowslons of tfus Agreement C CONTRACTOR agrees to cooperate fully with CITY ~n the development, ~mplementatton and mmntenance of record-keeping systems and to prowde data determined by CITY to be necessary for CITY to effectively fulfill ~ts momtonng and evaluation respons~bd~t~es D CONTRACTOR agrees to cooperate ~n such a way so as not to obstruct or delay CITY ~n such momtonng and to demgnate one of ~ts staff to coordinate the momtonng process as requested by CITY staff E. After each offimal momtonng VlS~t, CITY shall provide CONTRACTOR with a written report ofmomtonng findings F. CONTRACTOR shall submit cop~es of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodms to CITY w~thm five working days of receipt by CONTRACTOR 15 DIRECTORS' MEETINGS Dtmng the terms of this Agreement, CONTRACTOR shall cause to be dehvered to CITY cop~es of all nottces of meetings or,ts Board of D~rectors, setting forth the txme and place thereof Such not,ce shall be dehvered to CITY m a t~mely manner to g~ve adequate not,ce, and shall ~nclude Page 9 of 21 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 olD,rectors' meetings Minutes of all meetings of CONTRACTOR's govem~ng body shall be avmlable to CITY w~th~n thirty working days of approval 16. INSURANCE A CONTRACTOR shall observe sound bus~ness practices with respect to prov~ding such bondmg and insurance as would prowde adequate coverage for services offered under thts Agreement B The premises on and ~n which the act~wtles described ~n Exhibit A are conducted, and the employees conducting these act~wtles, shall be covered by premme habfi~ty ~nsurance, commonly referred to as "Owner/Tenant" coverage w~th CITY named as an additional insured Upon request of CONTRACTOR, CITY may, at its sole d~scret~on, approve alternate insurance coverage arrangements C ,CONTRACTOR w~ll comply w~th apphcable workers' compensation statues and wall obtmn employers' habdlty coverage where avmlable and other appropriate hab~hty coverage for program part~mpants, ff apphcable D CONTRACTOR wall matnt~un adequate and continuous habthty ~nsurance on all vetucles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who are reqmred to drive a vehicle m the normal scope and course of their employment must possess a valid Texas driver's hcense and automobde habfl~ty insurance Ewdence of the employee's current possession of a valid lmense and insurance must be mmntmned on a current basra m CONTRACTOR's files E Actual losses not covered by insurance as reqmred by th~s Section are not allowable costs under th~S Agreement, and remmn the sole respons~bd~ty of CONTRACTOR F The pohcy or pohc~es of insurance shall contmn a clause which reqmres that C~ty and Contractor be notffied ~n writing of any cancellatmn of change in the pohcy at least thirty (30) days prior to such change or cancellation 17. EQUAL OPPORTUNITY A CONTRACTOR shall submit for CITY's approval, a written plan for comphance w~th the Equal Employment and Affirmative Action Federal prows~ons, w~th~n 30 days of the effective date of th~s Agreement B CONTRACTOR shall comply w~th all apphcable equal employment oppommlty and affirmative action laws or regulations Page 10of21 C CONTRACTOR will furnish alllnformatlon and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of ~nvestlgauon to ascertmn compliance w~th local, state and Federal roles and regulations D, In the event of CONTRACTOR's non-compliance with the non-thscnminat~on requirements, CITY may cancel or terminate the Agreement ~n whole or m part, and CONTRACTOR may be barred from further contracts w~th CITY 18. PERSONNEL POLICIES Personnel pohc~es shall be estabhshed by CONTRACTOR and shall be available for examination Such personnel policies shall A Be no more hberal than CITY's personnel pohcles, procedures, and practices, including pohc~es with respect to employment, salary and wage rates, working hours and hohdays, fnnge benefits, vacation and s~ck leave privileges, and travel, and B Be m writing and shall be approved by the governing body of CONTRACTOR and by CITY 19. CONFLICT OF INTEREST A CONTRACTOR covenants that neither it nor any member of its governing body presently has any Interest, d~rect or indirect, which would conflict in any manner or degree with the performance of serwees requlred to be performed under th~s Agreement CONTRACTOR further covenants that m the performance of this Agreement, no person havmg such interest shall be employed or appointed as a member of ars governing body B CONTRACTOR further covenants that no member of its govermng body or its staff, subcontractors or employees shall possess any interest ~n or use hts 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 t~es C. No officer, member, or employee of CITY and no member of its governing body who exerclseslany function or respons~biht~es m the rewew or approval of the undertalang or carrying out of this ~greemant shall participate m any dec~slon relating to the Agreement which affects ~s personal interest or the interest in any corporation, partnership, or assocmtlon in which he has direct or md~reot interest 20 NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the ~mmedlate family of any person who is currently employed by CONTRACTOR, or is a member of Page ll of 21 CONTRACTOR's governing board The term "member of immediate family" ~ncludes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, mete, stepparent, stepchild, half-brother and half-sister 21. POLITICAL OR SECTARIAN ACTIVITY A None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, e~ther directly or ~nd~rectly, for any poht~cal acUwty (including, but not hm~ted to, an activity to further the election or defeat of any candidate for pubhc office) or any activity undertaken to ~nfluence the passage, defeat or final content of legislation B None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or apphed d~reetly or lnd~rectly to the construction, operation, mmntenance or administration, or be uUhzed so as to benefit m any manner any sectarian or rehg~ous facility or activity 22. PUBLICITY A~ Where such action ~s appropriate, CONTRACTOR shall publicize the act~wt~es conducted by CONTRACTOR under th~s Agreement In any news release, s~gn, brochure, or other advertising medium,, d~ssemmat~ng information prepared or d~stnbuted by or for CONTRACTOR, the advertising medium shall state that the U S Department of Housing and Urban Development's Community Development Block Grant Program funding through the C~ty of Denton has made the project p0ss~ble B. All pubhshed material and written reports submitted under th~s proj eot must be originally developed material unless otherwise specifically prowded m th~s Agreement When material not originally developed ~s ~ncluded m a report, the report shall ~dentffy the source m the body of the report or by footnote Th~s prowslon ~s apphcable when the material ~s m a verbatim or extensive paraphrase format All pubhshed material submitted under th~s project shall ~nclude the following reference on the front cover or t~tle page Thxs document ~s prepared ~n accordance with the C~ty of Denton's Community Development Block Grant Program, w~th funding received from the Umted States Department of Housing and Urban Development C All reports, documents, studies, charts, schedules, or other appended documentation to any proposal~ content ofbas~e proposal, or contracts and any responses, inqumes, correspondence and related material subrmtted by CONTRACTOR shall become the property of CITY upon receipt Page 12 of 21 23. FUNDING APPLICATIONS CONTRACTOR agrees to not~fy CITY each time CONTRACTOR xs prepanng or submxttmg any appheatlon for funding m accordance with the following procedures A IWhen the apphcatlon xs m the planning stages, CONTRACTOR shall submxt to CITY a desenptxoh of the funds being applied for, and the proposed use of funds B iUpon award of or notice of award, whichever ~s 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 notxce shall be submitted to CITY, m writing, w~thm ten working days ofreeexpt of the notice of award or funding award by CONTRACTOR, together with copxes of the budget, program descnptlon, and Agreement C 'CONTRACTOR shall not use funds provxded hereunder, whether dxrectly or mchrectly, as a eontnbu~t~on, or to prepare applications to obtain any federal or private funds under any federal or private prbgram without the pnur written consent of CITY 24. CHANGES AND AMENDMENTS A,Any alterations, addxt~ons, or deletions to the terms of this Agreement shall be by written amendmep, t executed by both parties, except when the terms of thxs Agreement expressly prowde that another method shall be used B CONTRACTOR may not make transfers between or among approved hne xtems wxthm budget categories set forth m Exhibit B without prior written approval of CITY CONTRACTOR shall reqtlest, m writing, the budget revision xn a form prescribed by CITY, and such request for rewslon shall not increase the total monetary obligation of CITY under tins Agreement In addxtxon, budget re~sxons cannot slgmficantly change the nature, intent, or scope of the program funded under this Agreement C I CONTRACTOR will submit revised budget and program reformation, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels conttuned m any portion of Extublt B DI It is understood and agreed by the parties hereto that changes m the State, Federal or local laws or ~egulat~ons pursuant hereto may occur during the term of tlus Agreement Any such modifications are to be automatxcally meorpurated into thxs Agreement without written amendment hereto, arid shall become a part of the Agreement on the effective date specified by the law or regulation E CITY may, fi.om time to time dtmng the term of the Agreement, request changes xn Exhxb~t A, which may include an increase or decreased ~n the amount of CONTRACTOR's Page 13 of 21 compensation Such changes shall be incorporated ~n a written amendment hereto, as provided ~n Subsection A of th~s Section F Any alterations, deletion, or additions to the Contract Budget Detml ~ncorporated ~n Exhibit B shall reqmre the prior written approval of CITY G CONTRACTOR agrees to not~fy CITY of any proposed change ~n physical location for work performed under th~s Agreement at least 30 calendar days in advance of the change H CONTRACTOR shall notify CITY of any changes ~n personnel or governing board composition I It ~s 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 penmtted 25 SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's fmlure to t~mely and properly perform each of the reqmrements, t~me cond~tmns and duties provided here~n, CITY, w~thout hm~t~ng any rights ~t may otherwise have, may, at ~ts dmcretmn, and upon ten working days written not,ce to CONTRACTOR, w~thhold further payments to CONTRACTOR Such not,ce may be given by mtul to the Executive Officer and the Board of D~rectors of CONTRACTOR The not~ce shall set forth the default or failure alleged, and the actmn reqmred for cure The penod of such suspenmon shall be of such duraUon as ~s appropnate to accomplish correct~ve actmn, but ~n no event shall ~t exceed 30 calendar days At the end of the suspensmn period, ~f CITY determines the default or defimency has been satisfied, CONTRACTOR may be restored to full comphance status and prod all ehg~ble funds w~thheld or ~mpounded dunng the suspension penod If however, CITY determines that CONTRACTOR has not come ~nto comphance, the prowsmns of Section 26 may be effectuated 26. TERMINATION A CITY may terminate flus Agreement for cause under any of the following reasons or for other reasons not spemfically enumerated m th~s paragraph (1) CONTRACTOR's fiulure to attmn compliance during any prescribed period of suspensmn as provided ~n Sectmn 25 (2) CONTRACTOR's wolat~on of covenants, agreements or guarantees of th~s Agreement (3) Termination or reduction of funding by the Umted States Department of Housxng and Urban Development Page 14of21 (4) F~ndlng by CITY that CONTRACTOR (a) ~s m such unsatisfactory financial condition as to endanger performance under th~s Agreement, (b) has allocated inventory to this Agreement substantially exceeding reasonable reqmrements, (e) is delmquent ~n payment of taxes, or of costs of performance of th~s Agreement in the ordmary course of business (5) Appointment of a trustee, receaver or hqmdator for all or substantial part of CONTRACTOR's property, or mstttut~on of bankruptcy, reorgamzatlon, rearrangement of or hqmdatlon proceedings by or agmnst CONTRACTOR (6) CONTRACTOR's mabfllty to conform to changes required by Federal, State and local laws or regulations as prowded in Section 4, and Section 24(D), of this Agreement (7) The commission of an act of bankruptcy (8) CONTRACTOR's wolataon of any law or regulation to whach 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 fun&ng source specffied ~n Exh~bat B B CITY may termmate this Agreement for convenience at any time If CITY tenmnates this Agreement for convemence, CONTRACTOR will be prod 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 whmh bears the same ratio to the total compensation as the services actually performed bears to the total servmes of CONTRACTOR covered by the Agreement, less payments previously made C CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termmatmn of outside funding occurs upon which CONTRACTOR depends for performance hereunder CONTRACTOR may opt, within the hm~tatlons of this Agreement, to seek an alternative funding source, w~th the approval of CITY, provided the termination 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 in question CONTRACTOR may termmate this Agreement upon the dxssolut~on of CONTRACTOR's orgamzat~on not occasioned by a breach of this Agreement Page 15 of 21 D Upon receipt ofnotme to terminate, CONTRACTOR shall cancel, w~thdraw or otherwise terminate any outstanding orders or subcontracts that relate to the performance of th~s Agreement CITY shall not be hable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obhgat~ons whatsoever recurred after the terminat~on date hsted on the notice to terminate referred to ~n th~s paragraph E Notwithstanding any exermse by CITY of ~ts right of suspensmn or termination, CONTRACTOR shall not be relieved ofhabthty to CITY for damages sustmned by CITY by wrtue of any breach of the Agreement by CONTRACTOR, and CITY may w~thhold any reimbursement to CONTRACTOR until such tune as the exact amount of damages due to CITY from CONTRACTOR ~s agreed upon or otherwise determmed 27. NOTIFICATION OF ACTION BROUGHT In the event that any clmm, demand, suit or other action ~s made or brought by any person(s), firm corporation or other entity agmnst CONTRACTOR, CONTRACTOR shall g~ve written notme thereof to CITY w~thm two workmg days after being notffied of such clmm, demand, stat or other action Such notme shall state the date and hour ofnotfficatmn of any such clmm, demand, stat or other actaon, the names and addresses of the person(s), firm, corporation or other entity making such clmm, or that mstltuted or threatened to mstltute any type of acUon or proceedmg, the bas~s of such clmm, action or proceeding, and the name of any person(s) agmnst whom such clmm is being made or threatened Such written notice shall be dehvered either personally or by mml 28. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY ~s contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, ~ts officers, agents and employees harmless from all habfl~ty 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 ~n whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all clmms, suits, causes of action, demands, damages, losses, attorney fees, expenses, and habthty arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors Page 16 of 21 29. MISCELLANEOUS A CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest thereto, or any elmm arising thereunder, to any party or parties, bank, trust company or other financml mst~tut~on w~thout the prior written approval of CITY B If any prowslon of this Agreement is held to be ~nvalld, dlegal, or unenforceable, the remaining provisions shall remain m full force and effect and continue to conform to the ongmal intent of both parties hereto C In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to lnslst m any one or more instances upon the terms and concht~ons of th~s Agreement constitute or be construed m any way to be a wmver by CITY of any breach of covenant or default whmh may then or subsequently be committed by CONTRACTOR Neither shall such payment, act, or omission m any manner ~mpmr or prejudice any right, power, pnwlege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, pnwleges, or remedies are always speeffieally preserved No representative or agent of CITY may wmve the effect of this promslon D Th~s Agreement, together w~th referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertmn, statement, understandxng or other commitment antecedent to this Agreement, whether wntten or oral, shall have no force or effect whatsoever, nor shall an agreement, assertion, statement, understanding, or other commitment occumng during the term of th~s Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed m writing, and ~f appropriate, recorded as an amendment of this Agreement E In the event any d~sagreement or dispute should arise between the part,es hereto pertmmng to the mtcrpretatlon or meaning of any part of this Agreement or ~ts governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of comphanee, will have the final authority to render or to secure an mterpretatmn F For purposes of this Agreement, all officml conunumcat~ons and notices among the parties shall be deemed made ffsent postage pa~d to the part~es and address set forth below TO CITY TO CONTRACTOR C~ty Manager Execnt~ve D~rector C~ty of Denton Boys & G~rls Clubs of Denton County 215 E McI(anney St 101 North Austin, State 1 Denton, Texas 76201 Denton, Texas 76201 G This Agreement shall be interpreted ~n accordance w~th the laws of the State of Texas and venue of any ht~ganon concermng this Agreement shall be in a court competent junschctlon s~ttlng ~n Denton County, Texas Page 17 of 21 executed on this the /~/~ day of /gTNESS OF WHICH this Agreement has been ,2001 CITY OF DENTON BY~ NAGER MICHAEL A CON~ITY MA ATTEST JENNIFER WALTERS, CITY SECRETARY APPK~OVED AS TO CITY BOYS & GIRLS CLUBS OF DENTON CO BY ~ ~ EXECUTIVE DIRECTOR v Page 18 of 21 City of Denton - Community Services Division Qualifying Income Limits for Federally Assisted Programs FY 2000/2001 Maximum Income Levels Moderate Income Low Income Very-Low Income Extremely-Low Income Family 80% AMI - <65% 65% AMI - <50% AMI 50% AMI - <30% AMI <30% AMI Size AMI 1 $34,050 - $27,651 $27,650 - $21,301 $21,300 - $12,751 $12,750 or Below 2 $38,900 - $31,601 $31,600 - $24,301 $24,300 - $14,601 $14,600 or Below 3 $43,800 - $35,551 $35,550 - $27,351 $27,350 - $16,401 $16,400 or Below 4 $48,650 - $39,501 $39,500 - $30,401 $30,400 - $18,251 $18,250 or Below 5 $52,550 - $42,701 $42,700 - $32,851 $32,850 - $19,701 $19,700 or Below 6 $56,400 - $45,851 $45,850 - $35,251 $35,250 - $21,151 $21,150 or Below 7 $60,300 - $49,001 $49,000 - $37,701 $37,700 - $22,651 $22,650 or Below 8 $64,200 - $52,151 $52,150 - $40,151 $40,150 - $24,101 $24,100 or Below Income Limit Source U S Department of Housing and Urban Development Effective Aprd 2000 Page 19 of 21 EXHIBIT "A" WORK STATEMENT BOYS & GIRLS CLUBS OF DENTON COUNTY Provide a summer day program to youth ages 6 to 12 hvmg m the SE Denton neighborhood (census tracts 212) from 9 00 a m to 5 00 p m Monday through Friday during the summer or when school is not in session The program w~ll operate from June 4, 2001 through August 10, 2001 · Programming w~ll include personal and educat~unal development, health and physical education, cultural ennchment, outdoor and enwronmental development, c~t~zenshlp and leaderslup development, and social recreation act~wt~es · Prowde transportation to and from the program s~te for field raps · Cooperate with the Denton Police Department to prowde education to participants on cr~me prevention, pedestrian safety, b~cycle safety, other personal safety ~ssues, and on the role of the pohce department m the commumty · Mmntmn less than or equal to a 20 children and youth to one staff ratio However, at least two staff should be present at all t~mes · Work with the Denton Family Resource Center and/or Denton County Health Department to enroll umnsured members of the Boys and G~rls Club on Children's Health Insurance Program if they are not already insured · P(ogram director w~ll devote on site programmatic and planmng time to the Fred Moore summer program OUTCOME MEASURES · Serve at least 30 youth (undupheated) dunng the course of the summer session At least 70% of the total number of participants vall maintain enrollment/participation In the program on a weekly basis during the year · Serve at least 15 youth each day m the summer program Page 20 of 21 EXHIBIT "B" BUDGET BOYS & GIRLS CLUBS OF DENTON COUNTY STAFF SALARIES Salaries of 3 Staff $7,500 00 0neludes Balanes of 2 full-t~me and 1 part-time worker) TOTAL ~DBG BUDGET $ 7,500 00 Page 21 of 21