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2001-355AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME FAMILIES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2707 - EMERGENCY UTILITY ASSISTANCE PROGRAM, AWARDED TO INTERFAITH MINISTRIES, $17,250) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supphes or services ~n accordance w~th the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has rewewed and recommended that the here~n described bids are the lowest responsible b~ds 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, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the following competitive b~ds for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent fried according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds for such items BID ITEM NUMBER NO CONTRACTOR AMOUNT 2707 ALL Emergency Assistance Program $17,250 SECTION 2 That the acceptance and approval of the above competitive bids, the C~ty accepts the offer of the persons submattlng the bids for such items and agrees to pumhase the materials, equipment, supplies or services ~n accordance with the terms, specifications, standards, quantities and for the specified sums contmned in the B~d Inwtatlons, 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 ~n accordance with the terms, conchtlons, 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 he~reby anthonzes the expenchture of funds therefor m the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That this ordinance shall become effecttve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the /~/~ day of ()~'/t~/~/.~//~. 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM 2707 EMERGENC~9~I~ANCE PROGRAM FOR LOW INCOME FAMILIES ORDINANCE 2001-2002 CDBG SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND INTERFAITH MINISTRIES BID #2707 This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its C~ty Manager, pursuant to ordinance, hereinaf- ter referred to as CITY, and Interfmth Munstrles, 109 West Sycamore, Denton, TX 76202, a Texas non-profit corporation, heremafter referred to as CONTRACTOR WHEREAS, CITY has received certmn 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 author- lzed budget for expenditure of funds for utthty assistance to clients who demonstrate lnabthty to pay due to verffiable emergency need, and WHEREAS, CITY has designated the Community Services Office as the d~vlslon re- sponsible for the administration of tlus Agreement and all matters pertmmng thereto, and WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project, NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obhgatlons and to the performance and accomplishment of the conditions hereinafter described This Agreement shall commence on or as of October 1, 2001, and shall terminate on Sep- tember 30, 2002, unless sooner termmated in accordance with Section 26 "Termination" RESPONSIBILITIES CONTRACTOR hereby accepts the responslbthty for the performance of all services and activities described m the Work Statement attached hereto as Exhibit A, and incorporated herein by reference, m a satisfactory and efficient manner as determined by CITY, in accordance w~th the terms herein CITY will consider CONTRACTOR's executive officer to be CONTRAC- TOR's representative responsible for the management of all contractual matters pertmmng hereto, unless wnttan notification to the contrary ~s received from CONTRACTOR, and ap- proved by CITY Page 1 of 22 The CITY's Community Development Admimstrator will be CITY's representative re- sponsible for the admlmstratlon of this Agreement CITY'S OBLIGATION Limit of Liability. CITY will reimburse CONTRACTOR for expenses ~ncurred pursu- ant and in accordance with the project budget attached hereto as Exhibit B and mcorpo- rated herein by reference Notwithstanding any other proms~on of the Agreement, the to- tal of all payments and other obligations made or ~ncurred by CITY hereunder shall not exceed the sum of Seventeen Thousand Two Hundred Fifty Dollars ($17,250 00) B Measure of Lmblhty. 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 Exlublt B, subject to the hmltatlons and provisions set forth in this Section and Section 7 of this Agreement (1) The part,es expressly understand and agree that CITY's obligations under th~s Section are contingent upon the actual receipt of adequate Community Develop- ment 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 ~n writing within a reasonable t~me after such fact has been determined CITY may, at its option, exther reduce the amount of xts hablhty, as specified in Subsection A of th~s Section or terminate the Agreement If CDBG funds eligible for use for purposes ofth~s Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under th~s Agree- ment (2) It is expressly understood that this Agreement in no way obhgates the General Fund or any other momes or credits of the City of Denton (3) CITY shall not be liable for any cost or portion thereof which (a) (b) has been prod, reimbursed or is subject to payment or reimbursement, from any other source, was incurred prior to the beginning date, or after the ending date spemfied in Section 1, (c) 1S 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, whmhever date is ear- lier, or Page 2 of 22 A B A (4) (5) (e) not an allowable cost as defined by Section 11 of this Agreement or the project budget CITY shall not be hable for any cost or portion thereof which as ancurred vath re- spect to any activity of CONTRACTOR requiring prior written authorization form CITY, or after CITY has requested that CONTRACTOR furnish data con- cermng such action prior to proceeding further, unless and until CITY advases CONTRACTOR to proceed CITY shall not be obhgated or hable under this Agreement to any party other than CONTRACTOR for payment of any momes or provision of any goods or ser- vices 4 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS CONTRACTOR understands that funds prowded to it pursuant to this Agreement are funds, whmh have been made avmlable to CITY by the Federal Government (U S De- partment of Housing and Urban Development) under the Housing and Communaty De- velopment Act of 1974, as amended, m accordance wath an approved Grant Apphcatmn and specific assurances Accordingly, CONTRACTOR assures and certifies that it will comply wath the reqmrements of the Housing and Commumty Development Act of 1974 (P L 93-383) as amended and with regulataons promulgated thereunder, and codafied at 24 CFR 570 The foregoing is m no way meant to constatute a complete compflataon of all dutaes imposed upon CONTRACTOR by law or admlmstratlve rulang, or to narrow the standards, which CONTRACTOR must follow CONTRACTOR further accrues and certifies that if the regulataons and ~ssuances prom- ulgated pursuant to the Act are amended or revased, at shall comply with them, or notafy CITY, as provided in Section 24 of this Agreement CONTRACTOR agrees to ab~de by the condatlons of and comply wath the requirements of the Office of Management and Budget C~rculars Nos A-110 and A-122 CONTRACTOR shall comply with all apphcable federal laws, laws of the State of Texas and ordinances of the City of Denton 5 REPRESENTATIONS CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and officml motaon, resolutmn or action passed or taken, to enter into thas Agreement Page 3 of 22 B C D The person or persons signing and executing this Agreement on behalf of CONTRAC- TOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute flus 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 CON- TRACTOR or the person slgnmg the Agreement to enter into this Agreement CON- TRACTOR is liable to CITY for any money at has received from 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 wall m 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 provided through, CONTRACTOR had this Agreement not been executed 6 PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out m the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described m Exhibit B, attached hereto and incorpo- rated 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 ac- cordance with all other terms, provisions and requirements of this Agreement No modffieatlons or alterations may be made in the Work Statement without the prior written approval of the City's Community Development Administrator 7 PAYMENTS TO CONTRACTOR A Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling Seventeen Thousand Two Hundred Fifty Dollars ($17,250 00) for servmes rendered under this Agreement CITY wall pay these funds on a reimburse- ment 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 utility assistance to clients who demonstrate inability to pay due to verifiable emergency need Page 4 of 22 B C Excess Payment CONTRACTOR shall refund to CITY within ten worlang days of CITY's request, any sum of money which has been paid by CITY and whmh CITY at any time thereafter determines (1) has resulted ~n overpayment to CONTRACTOR, or (2) has not been spent strictly ~n accordance with the terms of this Agreement, or (3) ~s not supported by adequate documentation to fully justify the expendtture D~saliowed Costs/Reversaon of Assets Upon tenmnated of th~s Agreement, should any expense or change for which payment has been made be subsequently d~sallowed or dis- approved as a result of any auditing or momtorlng 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 notme to CONTRACTOR, which specifies the amount disallowed If CITY finds that CONTRACTOR is unwdhng and/or unable to comply with 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 remaimng unexpended funds whmh shall be refunded to CITY within ten working days of a wrgten not, ce to CONTRACTOR to revert these financial assets The reversion of these financml assets shall be m addition to any other remedy avmlable to CITY eather at law or ~n equity for breach of th~s Contract Refunds of disallowed costs may not be made from these or any funds received from or through CITY Obhgat~on of Funds. In the event that actual expenditure rates devmte from CON- TRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropnate or recapture any such under expended funds Contract Close Out. CONTRACTOR shall submit the Agreement close out package to CITY, together w~th a final expenditure report, for the t~me period covered by the last vome requesting reimbursement of funds under th~s Agreement, wtth~n 15 working days following the close of the Agreement period CONTRACTOR shall utlhze the form agreed upon by CITY and CONTRACTOR 8 WARRANTIES CONTRACTOR represents and warrants that A All mformatlon, reports and data heretofore or hereafter requested by CITY and fur- rushed to CITY, are complete and accurate as of the date shown on the information, data, Page 5 of 22 or report, and, since that date, have not undergone any significant change vathout written notice to CITY B Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fmrly reflect the financial condition of CONTRAC- TOR on the date shown on smd report, and the results of the operation for the period cov- ered by the report, and that since sand date, there has been no material change, adverse or otherwise, m the financial condition of CONTRACTOR C No htlgatlon or legal proceedings are presently pending or threatened against CON- TRACTOR D E None of the promslons herein contravene or are ~n 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 here- under, 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 is subject to any lien or encumbrance of any char- acter, 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 contlnmng and shall be deemed to have been repeated by the submission of each request for payment COVENANTS A During the period of time that payment may be made hereunder and so long as any pay- ments remann unhqmdated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or her authorized representative (i) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acqmred by it, or permit any pre-cresting mortgages, liens, or other encumbrances to remann 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 B C A B (4) Make any advance or loan to, or incur any habihty for any other finn, person, en- tity or corporation as guarantor, surety, or accommodation endorser (5) Sell, donate, loan or transfer any equipment or item of personal property pur- chased with funds prod to CONTRACTOR by CITY, unless CITY authorizes such transfer Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants (1) That the property shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2006 (2) That should CONTRACTOR transfer or otherwise dispose of smd property on or before August 31, 2006, CONTRACTOR shall reimburse CITY In the amount of the fair market value of fins property less any portion of the value atmbutable to expenditures of non-CDBG funds for acqmsitlon of, or Improvement to, the prop- erty CONTRACTOR agrees, upon written request by CITY, to reqmre its employees to attend trmmng sessions sponsored by the Community Development Office 10. ALLOWABLE COSTS Costs shall be considered allowable only ]f incurred directly and specifically ]n the per- formance of and in compliance with this Agreement and an conformance with the stan- dards and provisions of Exhibits A and B Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written ap- proval, even though certain items may appear herein CITY's prior written authorization is required in order for the following to be considered allowable costs (1,) (2) Encumbrances or expenditures during any one month period whmh exceeds one- fiffia (1/5) of the total budget as specffied in Exhibit B CITY shall not be obligated to any third part,es, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract ser- vice extending beyond the explrataon of this Agreement (3) (4) Out of town travel Any alterations or relocation of the facilities on and in which the activities speci- fied in Exhibit A are conducted Page 7 of 22 A B C D (5) (6) (7) (8) 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, semtnars or conferences Written requests for prior approval are CONTRACTOR's responslblhty and shall be made within sufficient time to penmt a thorough review by CITY CONTRACTOR must obtmn written approval by CITY prior to the commencement of procedures to sohclt or purchase services, eqmpment, or real or personal property Any procurement or purchase that 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 eamlngs of CONTRACTOR mahzed from activities resulting from th~s Agreement or from CONTRACTOR's man- agement of funding provided or received hereunder Such earnings include, but are not hmlted to, income from interest, usage or rental or lease fees, ~ncome produced from con- tract-supported services of individuals or employees or from the use or sale of equipment or facthtles of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agree- ment CONTRACTOR shall matntmn records of the receipt and d~spos~tlon of program income in the same manner as required for other contract funds, and reported to CITY m the for- mat prescribed by CITY CITY and CONTRACTOR agree, based upon advice received from 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 wall be deducted from the regular reimbursement request CONTRACTOR shall include this Section in its entirety in all of ~ts sub-contracts, which mvolve 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 ~ndlrectly from this Agreement, or the perform- ance 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 Page 8 of 22 A B C D 12. MAINTENANCE OF RECORDS CONTRACTOR agrees to mmntmn records that will provide accurate, current, 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 apphca- ble Federal and State regulations astabhshmg standards for financial management CON- TRACTOR's record system shall contain sufficient documentation to prowde ~n detml full support and justification for each expenditure Nothing in this Section shall be con- strued to reheve CONTRACTOR of fiscal accountablhty and hab~hty under any other prowston of th~s Agreement or any applicable law CONTRACTOR shall ~nclude the substance of this prowslon ~n all subcontracts CONTRACTOR agrees to retmn all books, records, documents, reports, and written ac- counting procedures pertmmng to the operation of programs and expenditures of funds under this Agreement for five years Nothing in the above subsections shall be construed to reheve CONTRACTOR of re- sponslblhty for retalmng accurate and current records, which clearly reflect the level and benefit of services, provided under th~s Agreement At any reasonable t~me and as often as CITY may deem necessary, the CONTRACTOR shall make avmlable to CITY, HUD, or any of their authorized representatives, all of its records and shall perunt 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 mformat~on as CITY may request and deem pertinent to matters covered by this Agreement CONTRACTOR shall submit quarterly beneficiary and finanmal reports to CITY no less than once each three months The beneficmry report shall detml chent ~nformat~on, including race, Income, female head of household and other statistics required by CITY The financial re- port shall mclude information and data relative to all programmatic and financial reporting as of the beglnmng 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 exammers w~tlun ten days after receipt of such Page 9 of 22 A B C D E F 14. MONITORING AND EVALUATION CITY shall perform on-s~te momtormg of CONTRACTOR's performances under this Agreement CONTRACTOR agrees that CITY may carry out momtonng 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 prows~ons of th~s Agreement CONTRACTOR agrees to cooperate fully w~th CITY ~n the development, implementa- tion and mmntenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effecttvely fulfill ~ts momtonng and evaluation responslblh- ties CONTRACTOR agrees to cooperate ~n such a way so as not to obstruct or delay CITY ~n such momtonng and to designate one of ~ts staff to coordinate the momtonng process as requested by CITY staff After each official momtormg visit, CITY shall prowde CONTRACTOR w~th a written report of momtonng findings CONTRACTOR shall submit cop~es of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY w~thm five (5) working days of receipt by CONTRACTOR 15. DIRECTORS' MEETINGS Dunng the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notmes of meetings of its Board of D~mctors, setting forth the t~me and place thereof Such notice shall be delivered to CITY in a timely manner to g~ve adequate notice, and shall ~nclude an agenda and a brief description of the matters to be d~scussed CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of D~rectors' meetings Mmutes of all meetings of CONTRACTOR's govermng body shall be available to CITY w~th~n 10 days after Board approval Page 10 of 22 A B C D E F A B C 16. INSURANCE CONTRACTOR shall observe sound business practices w~th respect to prowd~ng such bonding and insurance as would prowde adequate coverage for serwces offered under th~s Agreement The premises on and m which the act~wtles described ~n Exhibit A are conducted, and the employees conductmg these activities, shall be covered by premise habthty ~nsurance, commonly referred to as "Owner/Tenant" coverage w~th CITY named as an addat~onal ~nsured Upon request of CONTRACTOR, CITY may, at its sole d~scretlon, approve al- ternate ~nsurance coverage arrangements CONTRACTOR will comply w~th applicable workers' compensation statues and will obtain employers' habfi~ty coverage where available and other appropriate habfi~ty cov- erage for program participants, ff apphcable CONTRACTOR will mmntmn adequate and continuous habfi~ty ~nsurance on all vehmles 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 license and automobile habd~ty ~nsurance Ewdence of the employee's current possession of a valid hcense and insurance must be mmntalned on a current basis m CONTRACTOR's files Actual losses not covered by ~nsurance as required by th~s Section are not allowable costs under this Agreement, and remmn the sole responsibility of CONTRACTOR The pohcy or pohmes of insurance shall contain a clause which reqmres that C~ty and Contractor be notffied ~n writing of any cancellation of change ~n the pohcy at least thirty (30) days prior to such change or cancellation 17. EQUAL OPPORTUNITY CONTRACTOR shall submit for CITY's approval, a written plan for comphance w~th the Equal Employment and Affirmative Action Federal provisions, w~th~n 30 days of the effective date of th~s Agreement CONTRACTOR shall comply w~th all apphcable equal employment opportunity and af- firmative action laws or regtflat~ons CONTRACTOR will furnish all ~nformat~on and reports requested by the CITY, and will permit access to ~ts books, records, and accounts for purposes of investigation to ascertmn comphance w~th local, state and Federal rules and regulations Page 11 of 22 D In the event of CONTRACTOR's non-comphance with the non-discrimination reqmre- merits, CITY may cancel or terminate the Agreement in whole or in part, and CON- TRACTOR may be barred from further contracts with CITY 18. PERSONNEL POLICIES Personnel pohmes shall be estabhshed by CONTRACTOR and shall be available for ex- amination Such personnel pohcles shall A B Be no more hberal than CITY's personnel policies, procedures, and practices, including pohcles with respect to employment, salary and wage rates, working hours and hohdays, fringe benefits, vacation and s~ck leave prlwleges, and travel, and Be m writing and shall be approved by the governing body of CONTRACTOR and by CITY 19. CONFLICT OF INTEREST A B C CONTRACTOR covenants that neither it nor any member of its govermng body pres- ently has any ~nterest, direct or ~nd~rect, which would conflict in any manner or degree w~th the performance of services required to be performed under this Agreement CON- TRACTOR further covenants that ~n the performance of this Agreement, no person hav- ing such interest shall be employed or appointed as a member of ~ts governing body CONTRACTOR further covenants that no member of its govermng body or ~ts staff, sub- contractors or employees shall possess any interest in or use his position for a purpose that ~s or gwes the appearance of being motivated by desire for private gmn for h~mself, or others, particularly those w~th which he has family, business, or other ties No officer, member, or employee of CITY and no member of ~ts governing body who exermses any function or responsibilities in the review or approval of the undertaking or carrying out of th~s Agreement shall participate in any decision relating to the Agreement whmh affects his or her personal mterest or the interest in any corporation, partnership, or association in which he or she has a d~rect or redirect interest 20 NEPOTISM CONTRACTOR shall not employ ~n any paid capacity any person who is a member of the ~mmedmte family of any person who ~s currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board The term "member of immediate family" in- Page 12 of 22 cludes 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 A 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 B None of the performance rendered hereunder shall involve, and no pomon of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, mmntenance or administration, or be utlhzed so as to bene- fit in any manner any sectarian or religious facility or activity 22. PUBLICITY A B Where such action is appropriate, CONTRACTOR shall publicize the activities con- ducted by CONTRACTOR under this Agreement In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed 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 City of Denton has made the project possible All published material and written reports submitted under thls project must be originally developed material unless otherwise specifically provided in this Agreement When ma- terial 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 pubhshed material submitted under th~s project shall ~nclude the following reference on the front cover or title page This document is prepared ~n accordance w~th the C~ty of Denton's Community Devel- opment Block Grant Program, w~th funding received from the United States Department of Housing and Urban Development C All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, mqmnes, corre- spondence 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 prepanng or sub- mltting any application for funding ~n accordance w~th the following procedures A B When the application is in the planmng stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds Upon award of or notice of award, whmhever ~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 notice shall be submitted to CITY, ~n writing 24. CHANGES AND AMENDMENTS A B C D E Arly alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of th~s Agreement expressly provide that another method shall be used CONTRACTOR may not make transfers between or among approved line items w~th~n budget categories set forth in Extublt B without prior written approval of CITY CON- TRACTOR shall request, m writing, the budget revision ~n a form prescribed by CITY, and such request for rews~on shall not increase the total monetary obhgat~on of CITY un- der this Agreement In addition, budget rews~ons cannot slgmficantly change the nature, ~ntant, or scope of the program funded under this Agreement CONTRACTOR will submit revised budget and program lnformat~on, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered ac- cording to the total levels contained in any portion of Exhibit B It is understood and agreed by the parties hereto that changes ~n the State, Federal or local laws or regulations pursuant hereto may occur dunng the term of th~s Agreement Any such modfficatlons are to be automatically incorporated ~nto this Agreement without writ- ten 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 ~n Ex- fubit A, whmh may ~nclude an increase or decreased an the amount of CONTRACTOR's compansataon Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of th~s Section Any alterations, deletion, or additions to the Contract Budget Detail incorporated ~n Ex- lublt B shall reqarre the prior written approval of CITY Page 14 of 22 G H CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days ~n advance of the change CONTRACTOR shall notify CITY of any changes in personnel or governing board eom- position It is expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among smd programs will be permitted 25 SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's fmlure to timely and properly per- form each of the reqmrements, time conditions and duties prowded herein, CITY, vathout hmlt- lng any rights it may otherwise have, may, at ~ts discretion, and upon ten working days written notice to CONTRACTOR, w~thhold further payments to CONTRACTOR Such notice may be given by mall to the Executive Officer and the Board of Directors of CONTRACTOR The no- tice 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 ~s appropriate to accomplish corrective action, but m no event shall it exceed 30 calendar days At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all ehglble funds withheld or ~mpounded dunng the suspension period If however, CITY determines that CONTRACTOR has not come into com- phance, the provisions of Section 26 may be effectuated 26. TERMINATION A CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph (1) CONTRACTOR's fmlure to attain comphance during any prescribed period of suspension as provided in Section 25 (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement (3) Termination or reduction of funding by the United States Department of Housing and Urban Development (4) Finding by CITY that CONTRACTOR Page 15 of 22 B C 1S In such unsatisfactory financml condtuon as to endanger performance under thas Agreement, (b) has allocated inventory to this Agreement substantmlly exceedang reason- able reqmrements, (5) (6) (c) as dehnquent ~n payment of taxes, or of costs of performance of th~s Agreement m the ordinary course of busaness Appointment of a trustee, recexver or hqurdator for all or substantial part of CONTRACTOR's property, or mstatutlon of bankruptcy, reorgan~zatlon, rear- rangement of or hquldatton proceedings by or against CONTRACTOR CONTRACTOR's anabthty to conform to changes reqmred by Federal, State and local laws or regtflatmns as provided an Sectxon 4, and Sectmn 24(D), of thas Agreement (7) (8) The comm~sslon of an act of bankruptcy CONTRACTOR's violation of any law or regulataon to whmh CONTRACTOR ~s bound or shall be bound under the terms of the Agreement CITY shall promptly notify CONTRACTOR in wntang of the decaston to tenmnate and the effectave date of termination Samultaneous notme of pendmg termination maybe made to other Rmdmg source spemfied ~n Exhtb~t B CITY may terminate th~s Agreement for convemence at any t~me If CITY terminates thas Agreement for convemence, CONTRACTOR wall be prod an amount not to exceed the total of accrued expenditures as of the effecttve date of termination In no event will thas compensation exceed an amount whach bears the same ratio to the total compensation as the serwces actually performed bears to the total serwces of CONTRACTOR covered by the Agreement, less payments previously made CONTRACTOR may terminate th~s Agreement an whole or an part by written notace to CITY, ff a termxnataon of outside funding occurs upon which CONTRACTOR depends for performance hereunder CONTRACTOR may opt, within the hmatanons of thas Agreement, to seek an altematave funding source, w~th the approval of CITY, provaded the termination by the outside fundang source was not occasioned by a breach of contract as defined herean or as defined an a contract between CONTRACTOR and the fundmg source in questlon CONTRACTOR may terminate th~s Agreement upon the d~ssolutlon of CONTRAC- TOR's organazat~on not occasioned by a breach of th~s Agreement Page 16 of 22 D Upon receipt of notice to termmate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement CITY shall not be hable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the tenmnatlon date hsted on the notice to termmate referred to in this paragraph E Notwithstanding any exemise by CITY of its right of suspension or termination, CON- TRACTOR shall not be relieved of habihty 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, sat or other action is made or brought by any per- son(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY withm two working days after being notified of such claim, de- mand, suit or other action Such notice shall state the date and hour of notification of any such claim, demand, suit or other actmn, 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 bas~s of such claim, actmn or proceeding, and the name of any person(s) against whom such claim is being made or threatened Such written notice shall be delivered ei- ther personally or by mall 28 INDEMNIFICATION B It is expressly understood and agreed by both parties hereto that CITY is contract~ mg with CONTRACTOR as an independent contractor and that as such, CON- TRACTOR shall save and hold CITY, its officers, agents and employees harmless from all habthty of any nature or land, including costs and expenses for, or on ac- count of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or m part from the performance or omission of any employee, agent or representative of CONTRACTOR CONTRACTOR agrees to provide the defense for, and to lndemmfy 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 implementation except to the extent caused by the willful act or omission of CITY, ~ts agents, employees, or contractors 29 MISCELLANEOUS Page 17 of 22 A B C D E CONTRACTOR shall not transfer, pledge or otherwise assign this Agreemem or any terest therein, or any claim arising thereunder, to any party or pames, bank, trust eom- pany or other financial institution without the prior written approval of CITY If any provision of this Agreement as held to be lnvahd, illegal, or unenforceable, the re- malmng provisions shall remain in full force and effect and continue to conform to the original intent of both pames hereto In ,no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to ms,st in any one or more instances upon the terms and conditions of this Agreement constitute or be construed m any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRAC- TOR Neither shall such payment, act, or om~ss~on ~n any manner ~mpair or prejudice any right, power, pnwlege, or remedy available to CITY to enforce its rights hereunder, whlch rights, powers, pnwleges, or remedies are always specifically preserved No repre- sentative 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, un- derstandlng or other commitment antecedent to th~s Agreement, whether written or oral, shall have no force or effect whatsoever, nor shall an agreement, assemon, statement, un- derstanding, or other commatment occurrmg during the term of flus Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writ- lng, and ff appropriate, recorded as an amendment of this Agreement In the event any disagreement or daspute should ar~se between the parties hereto pertain- lng to the anterpretatlon or meaning of any part of this Agreement or its govermng 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 interpre- tation F For purposes of this Agreement, all offiaial commumcatlons and notices among the par- t~es shall be deemed made if sent postage paid to the pames and address set forth below G CITY City Manager C~ty of Denton 215 E McKmney St Denton, Texas 76201 CONTRACTOR Interfaith Mmlstnes ATTN Executive Director 109 West Sycamore Demon, TX 76201 This Agreement shall be ~nterpreted ~n accordance with the laws of the State of Texas and venue of any lmgat~on concerning th~s Agreement shall be m a court competent jurisdic- tion sitting in Denton County, Texas Page 18 of 22 IN WITNESS OF WHICH thts Agreement has been executed on th~s the /~/_ day of ~ Y~r~C~r~A~ F- ,20Ol CITY OF DENTON ATTEST JENNIFER WALTERS CITY SECRETARY r APPROVED AS TO LEGAL F HERBERT L PROUTY CITY~ BY ~ BY INTERFAITH MINISTRIES EXECUTIVE DI!v,~CT~)R ATTEST Page 19 of 22 City of Denton - Community Services Division Qualifying Income Limits for Federally Assisted Programs FY 2001/2002 Maximum Income Levels Famdy Moderate Income Low Income Very-Low Income Extremely. Low Income S~ze 80% AMI - <65% AMI 65% AMI- <50% AMI 50% AMI- <30% AMI <_30% AMI 1 $38,050 - 29,316 $29,315 - $22,551 $22,550 - $13,531 $13,530 or Below 2 $41,200 - $33,476 $33,475 - $25,751 $25,750 - $15,451 $15,450 or Below 3 $46,350 - $37,701 $37,700 - $29,001 $29,000 - $17,401 $17,400 or Below 4 $51,500 - $41,861 $41,860 - $32,201 $32,200- $19,321 $19,320 or Below 5 $55,650 - $45,241 $45,240 - $34,801 $34,800- $20,881 $20,880 or Below 6 $59,750 - $48,556 $48,555 - $37,351 $37,350 - $22,411 $22,410 or Below 7 $63,900 - $51,936 $51,935 - $39,951 $39,950 - $23,971 $23,970 or Below 8 $68,000 - $55,251 $55,250 - $42,501 $42,500 - $25,551 $25,550 or Below Source: U S Department of Housing and Urban Development Effective: October 2001 Page 20 of 22 EXHIBIT "A" WORK STATEMENT INTERFAITH MINISTRIES Accept Denton residents who meet income requirements and who are experiencing an emer- gency financial need causing them to be delinquent ~n paymg their utthty bills Provide operation hours from 9 00 a m - 11 00 a m and 1 00 - 5 00 p m Monday through Fri- day Organization will coordinate utility assistance with other human service agencies, including the non-profit service coordination agency Organization will help to insure that chent information and serwce history is maintained vm a computer database to provide efficient service delivery Organization will make utility payments &rectly to utility prowders for all or part of the past due uUllty bills for those quahfy~ng for assistance Assist each ehent to work toward self-suffimeney m order to decease the chances the client will need emergency utility assistance again Assistance provided mcludes payment of utthty bills for clients meeting ~ncome ehglblhty gmde- hnes (see HUD qualifying income hmlts chart) Funding from the City of Denton is will be used for the purpose of assisting with utility pay- ments and program admlmstratlon Agency will provide statistical reformation to the Denton County Homeless Coalition upon re- quest and m a reasonable time period OUTCOME MEASURES Provide assistance to chents not more than once per every s~x-month period except in the case of extreme hardship Orgamzatlon will provide utlhty assistance to at least 20 households per month using City general funds and other resources At least 90% of Denton residents receiving utthty assmtance payments will be entered into the service coordination computer database Page 21 of 22 EXHIBIT "B" BUDGET INTERFAITH MINISTRIES Utlhty Payments Program Adm~mstratton TOTAL CONTRACT BUDGET $15,000 O0 $ 2,25O O0 $17,250 O0 Page 22 of 22