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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