2001-357ORDINANCE NO d~/~,fl~-7
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME & HOMELESS FAMn .iFS, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
DATE (BID 2709 - SELF-SUFFICIENCY PROGRAM FOR LOW INCOME & HOMELESS
HOUSEHOLDS AWARDED TO HOPE, INC, IN THE AMOUNT OF $30,000)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City orchnances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the following competitive bids for materials, equipment, supplies, or
services, described in the "Bid Proposals" on file In the office of City's Purchasing Agent filed
according to the bid number assigned hereto, are hereby accepted and approved as being the lowest
responsible bids for such items
BID ITEM
NUMBER NO
CONTRACTOR
AMOUNT
2709 ALL HOPE, INC $30,000
SECTION 2 That the acceptance and approval of the above competitive bids, the City
accepts the offer of the persons submitting the bids for such items and agrees to pumhase the
materials, equipment, supplies or services in accordance with the terms, specifications, standards,
quantities and for the specified sums contmned in the Bid Invitations, B~d Proposals, and related
documents
SECTION 3 That the City and persons submitting approved and accepted items and of the
subrmtted bids wish to enter into a formal written agreement as a result of the acceptance, approval,
and awarding of the bids, the City Manager or his designated representative is hereby authorized to
execute the written contracts which shall be attached hereto, provided that the written contract is in
accordance with the terms, condmons, specifications, standards, quantmes and specified sums
contmned in the Bid Proposal and related documents herein approved and accepted
SECT[ON 4 That by the acceptance and approval of the above competitive bids, the City
Council hereby authorizes the expenditure of funds therefor m the amount and m accordance with
the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herein
SECTION 5 That this orchnance shall become effective immediately upon ~ts passage and
approval
PASSED AND APPROVED this the /~-"J~ day of ~~_, 2001
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
2001-2002
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON AND
HOPE, INC
BID #2709
This Agreement is made and entered into by and between the City of Denton, a Texas
municipal corporation, acting by and through its City Manager, pursuant to ordinance,
hereinafter referred to as CITY, and HOPE, INC, 117 West Sycamore, Denton, TX 76201, a
Texas non-profit corporatlun, hereinafter referred to as CONTRACTOR
WHEREAS, CITY has received certain funds from the U S Department of Housing and
Urban Development under Title I of the Housing and Community Development Act of 1974, as
amended, and
WHEREAS, CITY has adopted a budget for such funds and ~ncluded there~n an
authorized budget for expenditure of funds for assistance to homeless and potentially homeless
families, and
WHEREAS, CITY has designated the Commumty Services Division as the d~vlslon
responsible for the admlmstrat~on of th~s Agreement and all matters pertalmng 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 obhgatlons and to the performance and accomplishment of the conditions hereinafter
described
1
TERM
Th~s Agreement shall commence on or as of October 1, 2001, and shall terminate on
September 30, 2002, unless sooner terminated in accordance w~th Section 26 "Termination"
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all serwces and
activities described in the Work Statement attached hereto as Exhibit A, m a satisfactory and
efficient, manner as determined by CITY, ~n accordance w~th the terms here~n CITY will
consider i CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible
for the management of all contractual matters pertalmng hereto, unless written notification to the
contrary ~s received from CONTRACTOR, and approved by CITY
Page 1 of 22
The CITY's Commtmlty Development Administrator will be CITY's representative
responsible for the adm~mstratmn of thas Agreement
CITY'S OBLIGATION
A
Lamlt of Lmbfilty. CITY wall reimburse CONTRACTOR for expenses ancurred
pursuant in accordance wath the project budget included as a part of Exhibit B
Notwithstanding any other provision of the Agreement, the total of all payments and
other obhgataons made or incurred by CITY hereunder shall not exceed the sum of Thirty
Thousand Dollars ($30,000 00)
Measure of Lmbthty 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 Exhabat B, subject
to the limitations and provasaons set forth in thas Section and Section 7 of thas Agreement
(1)
The partaes expressly understand and agree that CITY's obllgataons under this
Seetaon are contingent upon the actual receipt of adequate Community
Development Block Grant (CDBG) funds to meet CITY's llabthtaes under thas
Agreement If adequate funds are not avmlable to make payments under this
Agreement, CITY shall notify CONTRACTOR in writing w~than a reasonable
tame after such fact has been determined CITY may, at its optaon, either reduce
the amount of its hablhty, as spemfied an Subsection A of this Sectaon or
terminate the Agreement If CDBG funds ehglble for use for purposes of this
Agreement are reduced, CITY shall not be hable for further payments due to
CONTRACTOR under this Agreement
It as expressly understood that this Agreement in no way obhgates the General
Fund or any other monies or crethts of the City of Denton
(3) CITY shall not be hable for any cost or pomon thereof which
(a)
has been prod, reambursed or is subject to payment or reambursement,
from any other source,
(b)
was incurred prior to the beginning date, or after the ending date specified
in Section 1,
(c)
is not an strict accordance wath the terms of thas Agreement, including all
exhibits attached hereto,
(d)
has not been balled to CITY withan 90 calendar days following bailing to
CONTRACTOR, or terunnat~on of the Agreement, whichever date is
earlier, or
Page 2 of 22
A
B
A
(e)
~s 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 whmh is incurred with
respect to any activity of CONTRACTOR requiring prior wmten authorization
form CITY, or after CITY has requested that CONTRACTOR furnish data
concerning such action prior to proceedmg further, unless and until CITY advises
CONTRACTOR to proceed
(5)
CITY shall not be obligated or hable under this Agreement to any party other than
CONTRACTOR for payment of any monies or provision of any goods or
services
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
CONTRACTOR understands that funds provided to it pursuant to this Agreement are
funds, which have been made 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, ~n accordance with an approved Grant
Application and specific assurances Accordingly, CONTRACTOR assures and certifies
that it will comply w~th the requirements of the Housing and Community Development
Act of 1974 (P L 93-383) as amended and w~th regulations promulgated thereunder, and
codffied at 24 CFR 570 The foregoing is in no way meant to constitute a complete
compdat~on of all duties imposed upon CONTRACTOR by law or administrative ruling,
or to narrow the standards, which CONTRACTOR must follow
CONTRACTOR further accrues and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, ~t shall comply with them, or
notify CITY, as provided in Section 24 of this Agreement
CONTRACTOR agrees to ab~de by the conditions of and comply with the requirements
of the Office of Management and Budget Circulars Nos A-110 and A-122
CONTRACTOR shall comply wtth all applicable federal laws, laws of the State of Texas
and ordmances of the City of Denton
REPRESENTATIONS
CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to
any proper, approprmte and official motion, resolution or action passed or taken, to enter
into this Agreement
Page 3 of 22
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
C
CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate tins Agreement if there is a dispute as to the legal authority of either
CONTRACTOR or the person signing the Agreement to enter into fins Agreement
CONTRACTOR is liable to CITY for any money it 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 tins Section
D
CONTRACTOR agrees that the funds and resources provtded CONTRACTOR under the
terms of this Agreement will m 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 have been avmlable to, or provided through, CONTRACTOR had this Agreement
not been executed
e
PERFORMANCE BY CONTRACTOR
CONTRACTOR vall provide, oversee, administer, and carry out all of the activities and
services set out m the WORK STATEMENT, attached hereto and ~ncorporated herein for all
purposes, as Exhibit A, utlhzing the funds described in Exinint B, attached hereto and
~ncorporated 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
m accordance with all other terms, provisions and requirements of this Agreement
No modfficatlons or alterations may be made In the Work Statement without the prior
written approval of the City's Community Development Admlmstrator
PAYMENTS TO CONTRACTOR
Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
mount of money totaling Tlurty Thousand Dollars ($30,000 00) for services rendered
under this Agreement CITY will pay these funds on a reimbursement basis to the
CONTRACTOR w~thm 20 days after CITY has received supporting documentation
CONTRACTOR's fmlure to request reimbursement on a timely basis may jeopardize
present or future funding
Funds are to be used for the sole purpose of providing assistance to homeless and
potentially homeless families
Page 4 of 22
B
C
Excess Payment. CONTRACTOR shall refund to CITY within ten working days of
CITY's request, any sum of money which has been prod by CITY and which CITY at any
time thereafter determines
(1) has resulted in overpayment to CONTRACTOR, or
(2) has not been spent strictly in accordance unth the terms of this Agreement, or
D
E
(3) is not supported by adequate documentation to fully justify the expenditure
D~sallowed Costs/Reversion of Assets Upon terminated of this Agreement, should any
expense or change for which payment has been made be subsequently disallowed or
disapproved as a result of any auditing or monitoring by CITY, the Department of
Housing and Urban Development, or any other Federal agency, CONTRACTOR will
refund such amount to CITY vathln ten working days of a written notice to
CONTRACTOR, which specifies the amount disallowed If CITY finds that
CONTRACTOR is unwilling and/or unable to comply with any of the terms of this
Contract, CITY may require a refund of any and all money expended pursuant to this
Contract by CONTRACTOR, as well as any remaining unexpended funds which shall be
refunded to CITY within ten working days of a written notice to CONTRACTOR to
revert these financial assets The reversion of these financial assets shall be in addition to
any other remedy available to CITY either at law or ~n equity for breach of this Contract
Refunds of disallowed costs may not be made from these or any funds received from or
through CITY
Deobhgat~on of Funds In the event that actual expenditure rates deviate from
CONTRACTOR's provision of a corresponding level of performance, as specified in
Exhibit A, CITY hereby reserves the right to reappropnate or recapture any such under
expended funds
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 15 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
furnished to CITY, are complete and accurate as of the date shown on the information,
Page 5 of 22
data, or report, and, since that date, have not undergone any significant change without
written notice to CITY
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 said date, there has been no material change,
adverse or otherwise, in the financial condition of CONTRACTOR
C
No htlgatlon or legal proceedings are presently pending or threatened against
CONTRACTOR
D
None of the provisions herein contravene or are an conflict with the authority under which
CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR
E
CONTRACTOR has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the
terms and conditions of this Agreement
F
None of the assets of CONTRACTOR is subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial
statements furnished by CONTRACTOR to CITY
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment
COVENANTS
A
During the period of tame that payment may be made hereunder and so long as any
payments remain unhqmdated, CONTRACTOR shall not, without the prior written
consent of the Commumty 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 acquired by it, or permit any
pre-cresting mortgages, liens, or other encumbrances to remmn on, or attached to,
any assets of CONTRACTOR which are allocated to the performance of this
Agreement and with respect to wluch CITY has ownership hereunder
(2)
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or clmms 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 ~ncur any habfl~ty for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
(5)
Sell, donate, loan or transfer any equipment or ~tem of personal property
purchased voth funds paid to CONTRACTOR by CITY, unless CITY authorizes
such transfer
Should CONTRACTOR use funds received under thls Agreement to acquire or improve
real property under CONTRACTOR's control, CONTRACTOR agrees and covenants
(1)
That thc property shall be used to meet one of the national objectives stated ~n 24
CFR 570 until August 31, 2006
(2)
That should CONTRACTOR transfer or otherwise d~spose of said property on or
before August 31, 2006, CONTRACTOR shall reimburse CITY ~n the amount of
the fmr market value of th~s property less any portion of the value attributable to
expenditures of non-CDBG funds for acqms~t~on of, or improvement to, the
property
CONTRACTOR agrees, upon written request by CITY, to require ~ts employees to attend
trmmng sessions sponsored by the Community Servmes Dlwslon
10.
ALLOWABLE COSTS
Costs shall be considered allowable only ~f ~ncurred d~rectly specifically in the
performance of and in compliance w~th this Agreement and ~n conformance with the
standards and prowslons of Exfub~ts A and B
Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written
approval, even though certain items may appear here~n CITY's prior written
authorization ~s reqmred in order for the following to be considered allowable costs
(1)
Encumbrances or expenditures dunng any one month period which exceeds one-
fifth (I/5) of the total budget as spemfied ~n Exhibit B
(2)
CITY shall not be obhgated to any third parties, including any subcontractors of
CONTRACTOR, and CITY funds shall not be used to pay for any contract
service extandmg beyond the expiration of th~s Agreement
(3) Out of town travel
(4)
Any alterations or relocation of the facilities on and ~n which the actlwt~es
specified ~n Exhibit A are conducted
Page 7 of 22
A
B
C
D
(5)
Any alterations, deletions or additions to the Personnel Schedule incorporated in
Exlub~t B
(6) Costs or fees for temporary employees or services
(7) Any fees or payments for consultant services
(8) Fees for attendang out of town meetings, seminars or conferences
Written requests for prior approval are CONTRACTOR's responsibthty and shall be
made within suffiment time to pernnt a thorough review 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 this Agreement, must be conducted in its
entirety in accordance with the provisions of this Agreement
11.
PROGRAM INCOME
For purposes of this Agreement, program income means earnings of CONTRACTOR
reahzed from activities resulting from this Agreement or from CONTRACTOR's
management of funding provided or received hereunder Such earnings ~nclude, but are
not hm~ted to, income from interest, usage or rental or lease fees, income produced from
contract-supported services of individuals or employees or from the use or sale of
eqmpment or facthtles of CONTRACTOR prowded as a result of th~s Agreement, and
payments from clients or tturd part~es for serwces rendered by CONTRACTOR under
thls Agreement
CONTRACTOR shall malntmn records of the receipt and disposition of program income
~n the same manner as reqmred for other contract funds, and reported to CITY in the
format 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 servmes performed by CONTRACTOR
shall be spent only for service proms~on These fees or other program ~ncome will be
deducted from the regular reimbursement request
CONTRACTOR shall include this Section in ~ts entirety ~n all of ~ts sub-contracts which
revolve other income-producing services or act~vltms
It is CONTRACTOR's responslbthty to obtain from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the
performance thereof, constitutes program income CONTRACTOR ~s responsible to
CITY for the repayment of any and all amounts determined by CITY to be program
income, unless otherwise approved m writing by CITY
Page 8 of 22
12.
MAINTENANCE OF RECORDS
A
CONTRACTOR agrees to mmntmn records that wall provade accurate, current, separate,
and complete dasclosure of the status of the funds receaved under th~s Agreement, m
comphance wath the provaslons of Exhthat B, attached hereto, and with any other
applicable Federal and State regulations estabhshlng standards for financial management
CONTRACTOR's record system shall contmn sufficient documentation to provide ~n
detml full support and justaficat~on for each expenthture Nothing in this Section shall be
construed to relieve CONTRACTOR of fiscal accountabd~ty and hablhty under any other
provision of this Agreement or any apphcable law CONTRACTOR shall anclude the
substance ofth~s provas~on in all subcontracts
B
CONTRACTOR agrees to retain all books, records, documents, reports, and written
accountang procedures pertarnmg to the operataon of programs and expenditures of funds
under this Agreement for the period of time and under the conditions specffied by CITY
C
Nothing an the above subsections shall be construed to reheve CONTRACTOR of
responsibility for retmmng accurate and current records, which clearly reflect the level
and benefit of services, provided under this Agreement
D
At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, HUD, or any of thear authorized representataves, all of its
records and shall permit CITY, HUD, or any of their authorized representataves to audat,
examine, make excerpts and cop~es of such records, and to conduct audits of all contracts,
anvolces, materials, payrolls, records of personnel, condltaons or employment and all
other data requested by smd representatives
13.
REPORTS AND INFORMATION
At such t~mes and an 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 Agreement
CONTRACTOR shall submit quarterly benefimary and financml reports to CITY no less
than once each three months The beneficiary report shall detail chent anformat~on, includang
race, income, female head of household and other statistics reqmred by CITY The financial
report shall ~nclude mformat~on and data relative to all programmatic and financial reporting as
of the begaumng date specffied in Section 1 ofthas Agreement Benefioary and financial reports
shall be due to C~ty within 15 working days after the completion of each quarter
Unless the CITY has granted a written exemption, CONTRACTOR shall submat an audat
conducted by independent examiners with ten days after receipt of such
Page 9 of 22
14.
MONITORING AND EVALUATION
A
CITY shall perform on-site momtonng of CONTRACTOR's performances under this
Agreement
B
CONTRACTOR agrees that CITY may carry out monitoring and evaluation actlmtaes to
ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
ObJectives, whach are attached hereto as Exhibit A, as well as other provisions of this
Agreement
C
CONTRACTOR agrees to cooperate fully wath CITY in the development,
lmplementatmn and mmntenance of record-keeping systems and to provade data
determined by CITY to be necessary for CITY to effectively fulfill its momtonng and
evaluataon responsabflataes
D
CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY m
such momtormg and to designate one of ats staff to coordinate the momtormg process as
requested by CITY staff
E
After each official monitoring visit, CITY shall provide CONTRACTOR with a written
report of momtonng findings
F
CONTRACTOR shall submit copaes of any fiscal, management, or audit reports by any
of CONTRACTOR's funding or regulatory bodies to CITY withan five (5) working days
of receipt by CONTRACTOR
15.
DIRECTORS' MEETINGS
During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY
copaes of all notices of meetangs of ats Board of Directors, setting forth the tame and place
thereof Such notice shall be delivered to CITY an a timely manner to give adequate notice, and
shall anclude an agenda and abnef description of the matters to be discussed CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors' meetings
Mmutes of all meetings of CONTRACTOR's governing body shall be available to CITY
w~thm ten working 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 providing such
bonding and insurance as would provide adequate coverage for serwces offered under
this Agreement
The premises on and m which the acUvltles descrtbed in Exhibit A are conducted, and the
employees conducting these activities, shall be covered by premise liability ~nsurance,
commonly referred to as "Owner/Tenant" coverage w~th CITY named as an addiUonal
~nsured Upon request of CONTRACTOR, CITY may, at ~ts sole d~scretlon, approve
alternate insurance coverage arrangements
CONTRACTOR will comply w~th apphcable workers' compensation statues and will
obtmn employers' habthty coverage where avadable and other appropriate habthty
coverage for program participants, if apphcable
CONTRACTOR will mmntmn adequate and contxnuous habH~ty xnsurance on all vehxcles
owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are required to drxve a vehicle m the normal scope and course of their employment must
possess a valid Texas driver's hcense and automobile habthty insurance Evidence of the
employee's current possession of a vahd hcense and insurance must be mmntmned on a
current basis in CONTRACTOR's files
Actual losses not covered by insurance as reqmred by th~s Section are not allowable costs
under th~s Agreement, and remmn the sole responsibility of CONTRACTOR
The pohcy or policies of insurance shall contmn a clause which requires that C~ty and
Contractor be notified in writing of any cancellation of change in the pohcy at least 30
days prior to such change or cancellation
17
EQUAL OPPORTUNITY
CONTRACTOR shall submit for CITY's approval, a written plan for comphance with
the Equal Employment and AffirmaUve AcUon Federal prowslons, within 30 days of the
effective date of this Agreement
CONTRACTOR shall comply w~th all applicable equal employment opportunity and
affirmative acUon laws or regulations
CONTRACTOR w~ll furnish all ~nformaUon and reports requested by the CITY, and w~ll
permit access to its books, records, and accounts for purposes of ~nvesUgauon 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 w~th the non-d~scnm~nat~on
reqmrements, CITY may cancel or terminate the Agreement ~n whole or ~n part, and
CONTRACTOR may be barred from further contracts w~th CITY
18
PERSONNEL POLICIES
Personnel pohcles shall be estabhshed by CONTRACTOR and shall be avmlable for
examination Such personnel pohmes shall
A
Be no more hberal than CITY's personnel pohc~es, procedures, and practmes, ~ncludtng
pohmes wtth respect to employment, salary and wage rates, working hours and hohdays,
fringe benefits, vacation and sick leave pnwleges, and travel, and
B
Be tn writing and shall be approved by the governing body of CONTRACTOR and by
CITY
19.
CONFLICT OF INTEREST
A
CONTRACTOR covenants that netther ~t nor any member of tts governing body
presently has any ~nterest, dtrect or md~rect, which would confimt ~n any manner or
degree with the performance of servmes reqmred to be performed under this Agreement
CONTRACTOR further covenants that m the performance of th~s Agreement, no person
having such tnterest shall be employed or appointed as a member of ~ts governing body
B
CONTRACTOR further covenants that no member of ~ts governing body or ~ts staff,
subcontractors or employees shall possess any ~nterest m or use h~s poslt~on for a purpose
that ~s or g~ves the appearance of betng motivated by desire for private gain for h~mself,
or others, pamcularly those wath whmh he has family, bus~ness, or other t~es
C
No officer, member, or employee of CITY and no member of ~ts governing body who
exerctses any function or respons~bthttes in the rewew or approval of the tmdertak~ng or
carrying out of th~s Agreement shall partm~pate ~n any dec,stun relating to the Agreement
whtch affects hts or her personal interest or the ~nterest ~n any corporation, parmersh~p, or
assoctat~on m which he or she has a d~rect or indirect tnterest
20.
NEPOTISM
CONTRACTOR shall not employ tn any prod capacity any person who ts a member of
the ~mmedtate family of any person who ts currently employed by CONTRACTOR, or ts a
member of CONTRACTOR's govermng board The term "member of ~mmedtate family"
Page 12 of 22
includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle,
nephew, niece, stepparent, stepchild, half-brother and half-sister
A
B
A
B
C
21.
POLITICAL OR SECTARIAN ACTIVITY
None of the performance rendered hereunder shall involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any
political activity (including, but not hmlted to, an act~wty to further the election or defeat
of any candidate for public office) or any activity undertaken to influence the passage,
defeat or final content of legislation
None of the performance rendered hereunder shall ~nvolve, and no portion 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 utilized so as to
benefit in any manner any sectarian or religious facility or activity
22
PUBLICITY
Where such action is appropriate, CONTRACTOR shall pubhclze the activities
conducted by CONTRACTOR under this Agreement In any news release, sign,
brochure, or other advertising medium, disseminating information prepared or distributed
by or for CONTRACTOR, mention shall be made of the U S Department of Housing
and Urban Development's Commtmlty Development Block Grant Program funding
through the C~ty of Denton having made the project possible
All published material and written reports submitted under this project must be originally
developed material unless otherwise specifically provided in this Agreement When
material not originally developed is ~ncluded in a report, the report shall identify the
source in the body of the report or by footnote This provision is applicable when the
material is in a verbatim or extensive paraphrase format
All published material submitted under this project shall include the following reference
on the front cover or title page
This document is prepared in accordance with the City of Denton's Community
Development Block Grant Program, with funding received from the United States
Department of Housing and Urban Development
All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basic proposal, or contracts and any responses, lnqmnes,
correspondence and related material submitted by CONTRACTOR shall become the
property of CITY upon receipt
Page 13 of 22
23.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or
submitting any application for funding in accordance with the following procedures
A
When the apphcatlon is in the planning stages, CONTRACTOR shall submit to CITY a
description of the funds being applied for, and the proposed use of funds
B
Upon award of or notice of award, whmhever 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 notate shall be submitted to CITY, in writing, wtthln ten
workdng days of receipt of the notice of award or funding award by CONTRACTOR,
together w~th copies of the budget, program description, and Agreement
C
CONTRACTOR shall not use funds provided hereunder, whether directly or indirectly,
as a contribution, or to prepare applications to obtmn any federal or private funds under
any federal or private program without the prior written consent of CITY
24.
CHANGES AND AMENDMENTS
A
Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used
B
CONTRACTOR may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of CITY
CONTRACTOR shall request, in writing, the budget revision in a form prescribed by
CITY, and such request for revision shall not increase the total monetary obligation of
CITY under this Agreement In addition, budget revisions cannot significantly change the
nature, intent, or scope of the program funded under this Agreement
C
CONTRACTOR will submit revised budget and program information, whenever the
level of funding for CONTRACTOR or the program(s) described herein is altered
according to the total levels contained in any portion of Exhibit B
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 this Agreement Any
such modfficatlons are to be automatically incorporated into this Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective
date specified by the law or regulataon
E
CITY may, from time to time during the term of the Agreemem, request changes in
Exhibit A, which may include an increase or decreased in the amount of
Page 14 of 22
CONTRACTOR's compensation Such changes shall be incorporated in a written
amendment hereto, as provided ~n SubsecUon A of this Section
F
Any alterations, deletion, or addiUons to the Contract Budget Detail incorporated in
Exhthlt B shall reqmre the prior written approval of CITY
G
CONTRACTOR agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change
H
CONTRACTOR shall notify CITY of any changes In personnel or governing board
composition
It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs wall be
penmtted
25
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly
perform each of the requirements, time conditions and duties provided herein, CITY, without
limiting any rights it may otherwise have, may, at its discretion, and upon ten working days
written notice to CONTRACTOR, withhold further payments to CONTRACTOR Such notice
may be given by mai1 to the ExecuUve Officer and the Board of Directors of CONTRACTOR
The not~ce shall set forth the default of failure alleged, and the action reqmred for cure
The period of such suspension shall be of such duration as 1s appropriate to accomplish
corrective action, but in no event shall it exceed 30 calendar days At the end of the suspension
period, if CITY determines the default of deficiency has been satisfied, CONTRACTOR may be
restored to full compliance status and prod all eligible funds w~thheld or impounded during the
suspension period If however, CITY determines that CONTRACTOR has not come into
comphance, the provisions of Section 26 may be effectuated
26.
TERMINATION
A CITY may termmate tbas Agreement wtth cause for any of the following reasons
(1)
CONTRACTOR's fmlure to attmn compliance during any prescribed period of
suspension as prowded ~n Section 25
(2)
CONTRACTOR's violation of covenants, agreements or guarantees of this
Agreement
Page 15 of 22
B
C
(3)
(4)
(5)
(6)
(7)
(8)
Termination or reduction of funding by the United States Department of Housing
and Urban Development
Finding by CITY that CONTRACTOR
(a)
is in such unsatasfactory financial con&t~on as to endanger performance
under this Agreement,
(b) has allocated ~nventory to th~s Agreement substantially exceeding
reasonable reqmrements,
(c)
lS delinquent an payment of taxes, or of costs of performance of th~s
Agreement ~n the ordinary course of business
Appointment of a trustee, receiver or hquldator for all or substantial part of
CONTRACTOR's property, or lnstitutmn of bankruptcy, reorganization,
rearrangement of or hqmdat~on proceedings by or against CONTRACTOR
CONTRACTOR's ~nabfllty to conform to changes reqmred by Federal, State and
local laws or regulations as provided m Section 4, and Section 24(D), of this
Agreement
The commission of an act of bankruptcy
CONTRACTOR's violation of any law or regulation to which CONTRACTOR ~s
bound or shall be bound under the terms of the Agreement
CITY shall promptly notify CONTRACTOR ~n writing of the decision to terminate and
the effective date of termination Simultaneous notice of pending termination maybe
made to other funding source specified in Exhibit B
CITY may tenmnate th~s Agreement for convenience at any t~me If CITY terminates this
Agreement for convemence, CONTRACTOR 'anll 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 which bears the same ratio to the total compensation as
the services actually performed bears to the total serwces of CONTRACTOR covered by
the Agreement, less payments previously made
CONTRACTOR may terminate this Agreement ~n whole or in part by written not~ce to
CITY, if a termination of outside funding occurs upon which CONTRACTOR depends
for performance hereunder CONTRACTOR may opt, within the hm~tatlons of th~s
Agreement, to seek an alternative funding source, with the approval of CITY, provided
the termination by the outside funding source was not occasioned by a breach of contract
as defined herein or as defined ~n a contract between CONTRACTOR and the funding
source in question
Page 16 of 22
CONTRACTOR may terminate flus Agreement upon the d~ssolut~on of
CONTRACTOR's orgamzat~on not occasioned by a breach of th~s Agreement
D
Upon receipt of not~ce to terminate, CONTRACTOR shall cancel, w~thdraw or otherwise
terminate any outstanding orders or subcontracts, which 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 ~ncurred after the termination
date
E
Notwithstanding any exercise by CITY of as right of suspension or termination,
CONTRACTOR shall not be reheved of habthty to CITY for damages sustmned by
CITY by v~rtue of any breach of the Agreement by CONTRACTOR, and CITY may
w~thhold any reimbursement to CONTRACTOR until such t~me as the exact amount of
damages due to CITY from CONTRACTOR ~s agreed upon or otherwise determined
27
NOTIFICATION OF ACTION BROUGHT
In the event that any clmm, demand, stat or other action ~s made or brought by any
person(s), firm corporation or other entity agmnst CONTRACTOR, CONTRACTOR shall g~ve
written not, ce thereof to CITY w~th~n two working days after being notffied of such clmm,
demand, stat or other action Such notme shall state the date and hour of notfficatlon of any such
clmm, demand, stat or other action, the names and addresses of the person(s), firm, corporation
or other entity making such clmm, or that ~nstltuted or threatened to ~nstltute any type of action
or proceeding, the bas~s of such clmm, action or proceeding, and the name of any person(s)
agmnst whom such clmm ~s being made or threatened Such written nonce shall be dehvered
e~ther personally or by mml
28.
INDEMNIFICATION
A
It ~s 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, ~ts officers, agents and employees
harmless from all liability of any nature or land, ~nclud~ng costs and expenses for,
or on account of, any clmms, audit exceptions, demands, suits or damages of any
character whatsoever resultmg m whole or ~n part from the performance or
omission of any employee, agent or representative of CONTRACTOR
CONTRACTOR agrees to provide the defense for, and to ~ndemmfy and hold
harmless CITY ~ts agents, employees, or contractors from any and all clmms, stats,
causes of action, demands, damages, losses, attorney fees, expenses, and habd~ty
arising out of the use of these contracted funds and program administration and
Page 17 of 22
A
B
C
D
E
F
implementation except to the extent caused by the wdiful act or omission of CITY,
1ts agents, employees, or contractors
29
MISCELLANEOUS
CONTRACTOR shall not transfer, pledge or othervase assign th~s Agreement or any
interest therein, or any claim arising thereunder, to any party or parties, bank, trust
company or other financml restitution without the prior written approval of CITY
If any provls~on of this Agreement ns held to be lnvahd, illegal, or unenforceable, the
remaining prows~ons shall remain m full force and effect and continue to conform to the
original intent of both parties hereto
In no event shall any payment to CONTRACTOR hereunder, or any other act or fmlure
of CITY to insist ~n any one or more ~nstances upon the terms and conditions of this
Agreement constitute or be construed ~n any way to be a wmver by CITY of any breach
of covenant or default which may then or subsequently be comrmtted by
CONTRACTOR Neither shall such payment, act, or om~sslon ~n any manner lmpmr or
prejuthce any right, power, pnvdege, or remedy avadable to CITY to enforce its rights
hereunder, whmh rights, powers, pnvdeges, or remedies are always spemfically
preserved No representative or agent of CITY may waive the effect ofth~s provision
This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding or other commitment antecedent to th~s Agreement, whether written or
oral, shall have no force or effect whatsoever, nor shall an agreement, assertton,
statement, understanding, or other commitment occurnng during the term of this
Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless
properly executed ~n writing, and if approprmte, recorded as an amendment of th~s
Agreement
In the event any disagreement or d~spute should ar~se between the parties hereto
pertmmng to the interpretation or meaning of any part of th~s Agreement or ~ts govermng
rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to
HUD for matters of compliance, vall have the final authority to render or to secure an
interpretation
For purposes of th~s Agreement, all offimal commumcatlons and notices among the
parties shall be deemed made if sent postage prod to the parties and address set forth
below
Page 18 of 22
G
CITY
City Manager
C~ty of Denton
215 E McK~nney St
Denton, Texas 76201
CONTRACTOR
HOPE, Inc
ATTN Executive D~rector
117 West Sycamore
Denton, TX 76201
Th~s Agreement shall be ~nterpreted ~n accordance vath the laws of the State of Texas and
venue of any ht~gat~on concerning th~s Agreement shall be m a court competent
junsdmtmn s~ttmg m Denton County, Texas
IN WITNESS OF WHICH th~s Agreement has been executed on th~s the /P[/~ day of
CITY OF DENTON
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR-~)VED AS TO LEGAL FORM
ATTORNEY
HOPE, INC
EXECUTIVE DIRECTOR
ATTEST
BOARD SECRETARY
Page 19 of 22
City of Denton - Community Services Division
Qualifying Income Limits for Federally Assisted Programs
FY 2001/2002
Maximum Income Levels
Family Moderate Income Low Income Very-Low Income Extremely. Low Income
Size 80% AMI - <65% AMI 65% AMI - <50% AMI 50% AMI - <30% AMI _<30% AMI
1 $36,050 - 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
HOPE, INC
Program A
The program vail provide assistance to famlhes who are homeless or potentially homeless, and
who have the desire and ability to estabhsh self-rehance
The funding requested will provide rem, utility, and food to client famthes for 30 - 90 days
The case manager will meet with the chent families on a weekly basis to assist vath defining
goals, budget skills, assessment of job skills, educational needs, and community referral
Organization will momtor expenses, receipts, ~ncome, and attempts to move toward stated goals
Chent families vail have the ablhty, after program assistance, to mmntaln permanent housing
Program B
The purpose of the project is to assist families who are documented under HUD gmdehnes as
homeless, toward estabhshmg and malnta~mng self-sufficiency
The funding will prowde rent and utlhty assistance, and limited other financial aid, as
determined by the needs of the transitional housing families The trans~tmnal housing program
will provide rent and utility assistance for 12 to 24 months
Organization will assist the transmonal housing famlhes with assessment of educational or
vocational skills, budget skills, job search skills, and counsehng or other social services
Orgamzatlon will also momtor records of expenses ~ncurred, receipts, and proof of income
Client famlhes who are ~n the transitional housing program will be able, after the one or two year
assistance period, to ~mprove their s~tuatlon enough to be able to afford decent, safe housing
Organization will utdlze the assistance of the local non-profit servme coordination agency to
maintain chent information ~n a centralized computer database
Organization v~ll actively partm~pate on the Denton County Homeless CoahUon and will provide
statistical information to the D C H C upon request ~n a reasonable t~me frame
OUTCOME MEASURES
75% of chents served will come from special needs populations as defined by the Continuum of
Care Plan Organization will assist 3 more famdles with transitional housing than were assisted
in the 2000-2001 contract year
Page 21 of 22
EXHIBIT "B"
PROJECT BUDGET
HOPE, INC
Program A - 30/90 Day Assistance Program
Program Budget $ 5,000 00
Funds may be used to pay for ehent rent, utilities, food, gas and other necessary expenses that
would assist the ehent to mmntmn self-suffie~eney Only 15% or less of the funds may be used
to pay for staff (ease manager) salaries
Program B - Transitional Housing Program
Personnel Costs, Client Services for 12 - 24 months $25,000 00
Funds may be used for rent assistance, rent deposits, utthty assistance, and utlhty deposits for
chents Only 15% or less of the funds may be used to pay for staff(case manager) salaries
Page 22 of 22