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2000-328 o iN cE o AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME FAMILIES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FORAN EFFECTIVE DATE (BID 2527 - EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW.INCOME FAMILIES, AWARDED TO INTERFAITH MINISTRIES, FOR $17,250) WHEREAS, the C~ty has sohc~ted, recetved and tabulated competitive bgts for the purchase of necessary materials, eqmpment, supphes or sermces m accordance w~h the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has rexaewed and recommended that the hereto described bids are the lowest responsible bids for the materuals, equipment, supphes or servaces as shown m the "Bd Proposals" subrmtted therefore, and WHEREAS, the City Council has proxqded m the City Budget for the approprmtion of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SE~ That the following competitive bds for matermls, equipment, supphes, or services, described m the "Bid Proposals" on file m the office of Cay's purchasing Agent filed according to the bd number assigned hereto, are hereby accepted and approved as hemg the lowest responsible bids for such gems BID ITEM NU2VIBEI~ NO. ~ ~ 252'/ ALL INTERFAITH IVllNISTRIES $17,250 ~ That the acceptance and approval of the above competitive bids, the Cay accepts the offer of the persons submattmg the bids for such aems and agrees to purchase the materials, equipment, supphes or serwces m accordance wth the terms, specifications, standards, quantales, and for the specified sums contained m the Bid Inwtations, Bid Proposals, and related documents ~ That the City and persons subrmttmg approved and accepted aems and ofthe subrmtted bds wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or bas designated representative is hereby anthonzed to execute the written contracts wtach shall he attached hereto, prowded that the written contract ~s m accordance vmh the terms, condmom, specaScat~ons, standards, quantaies and specflied sums contame~l ui the Bal Proposal and related documents hereto approved and accepted ~ That by the acceptance and approval of the above competxt~ve b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor tn the mount and m accordance vath the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto ~ That thts ordinance shall become effective uranedmtely upon tts passage and approval PASSED AND APPROVED ttus the ~----~ day of~----~, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM 2527 EMERGENCY ~_~SI~~tANCE PROGRAM FOR LOW- 2000-2001 CDBG SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND INTERFAITH MINISTRIES BID #2527 Ttus Agreement ~s made and entered ~nto by and between the C~ty of Denton, a Texas mummpal corporation, acting by and through ~ts C~ty Manager, pursuant to ordinance, hereinaf- ter referred to as CITY, and Interfmth Ministries, P O Box 1744, Denton, TX 76202, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR WHEREAS, CITY has received certmn funds from the U S Department of Housing and Urban Development under T~tle I of the Housmg and Commumty Development Act of 1974, as amended, and WHEREAS, CITY has adopted a budget for such funds and ~ncluded thereto an author- ~zed budget for expenditure of funds for utd~ty assistance to chents who demonstrate ~nabfllty to pay due to verifiable emergency need, and WHEREAS, CITY has designated the Community Development Office as the d~ws~on responsible for the administration of ttus Agreement and all matters perttumng thereto, and WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project, NOW, THEREFORE, the part, es hereto agree, and by the executmn hereof are bound to the mutual obhgat~ons and to the performance and accomphshment of the conditions hereinafter described 1 TERM Th~s Agreement shall commence on or as of October l, 2000, and shall terminate on Sep- tember 30, 2001, unless sooner terminated in accordance w~th Section 26 "Termination" 2. RESPONSIBILITIES CONTRACTOR hereby accepts the respons~b~hty for the performance of all serrates and act~wt~es described m the Work Statement attached hereto as Exhibit A, and ~ncorporated here~n by reference, m a satisfactory and effiment manner as deterrmned by CITY, ~n accordance with the terms here~n CITY w~ll consider CONTRACTOR's executive officer to be CONTRAC- TOR's representative responsible for the management of all contractual matters pertalmng hereto, unless written notfficat~on to the contrary ~s received from CONTRACTOR, and ap- proved by CITY Page 1 of 22 The CITY's Community Development Admtmstrator will be CITY's representative re- sponslble for the administration of tlus Agreement 3 CITY'S OBLIGATION A L~mlt of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursu- ant and m accordance wth the project budget attached hereto as Exhibit B and incorpo- rated herein by reference Notwithstanding any other provision of the Agreement, the to- tal of all payments and other obhgatlons made or incurred by CITY hereunder shall not exceed the sum of seventeen thousand two hundred fifty dollars ($17,250 00) B Measure of L~ability. In consideration of full and satisfactory services and actlwtles hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the hmltatlons and provisions set forth in this Section and Section 7 of this Agreement (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Commumty Develop- ment Block Grant (CDBG) funds to meet CITY's habdlttes under this Agreement If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined CITY may, at its option, either reduce the amount of its hablllty, as specified in Subsection A of th~s Section or terminate the Agreement If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agree- ment (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton (3) CITY shall not be liable for any cost or port~on thereof which (a) has been paid, reimbursed or is subJeCt to payment or reimbursement, from any other source, (b) was incurred prior to the beginning date, or after the ending date specified in Section 1, (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto, (d) has not been billed to CITY within 90 calendar days following billing to CONTRACTOR, or termination of the Agreement, whichever date is ear- her, or Page 2 of 22 (e) ~s not an allowable cost as defined by Section 11 of th~s Agreement or the project budget (4) CITY shall not be hable for any cost or port~on thereof which is ~ncurred w~th re- spect to any activity of CONTRACTOR requlnng prior written authorization form CITY, or alter CITY has requested that CONTRACTOR furnish data con- cem~ng such action prior to proceeding further, unless and until CITY adwses CONTRACTOR to proceed (5) CITY shall not be obhgated or hable under thts Agreement to any party other than CONTRACTOR for payment of any monies or prows~on of any goods or ser- vices 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A CONTRACTOK understands that funds prowded to ~t pursuant to th~s Agreement are funds, which have been made available to CITY by the Federal Government (U S De- partment of Housing and Urban Development) under the Housing and Commumty De- velopment Act of 1974, as amended, ~n accordance w~th an approved Grant Apphcatlon and specific assurances Accordingly, CONTRACTOR assures and certifies that ~t w~ll comply wroth the reqmrements of the Housing and Commtm~ty Development Act of 1974 (P L 93-383) as amended and w~th regulations promulgated thereunder, and codified at 24 CFR 570 The foregoing ~s in no way meant to constitute a complete comp~latxon of all duties ~mposed upon CONTRACTOR by law or adm~mstrat~ve ruhng, or to narrow the standards, which CONTRACTOR must follow CONTRACTOR further accrues and certifies that ~f the regulations and ~ssuances prom- ulgated pursuant to the Act are amended or rewsed, ~t shall comply w~th them, or not~fy CITY, as prowded m Section 24 ofth~s Agreement CONTRACTOR agrees to ab~de by the conditions of and comply w~th the reqmrements of the Office of Management and Budget Circulars Nos A-110 and A-122 B CONTRACTOR shall comply w~th all apphcable federal laws, laws of the State of Texas and ordinances of the C~ty of Denton 5 REPRESENTATIONS A CONTRACTOR assures and guarantees that ~t possesses the legal authority, pursuant to any proper, appropriate and officml motion, resolution or action passed or taken, to enter into th~s Agreement Page 3 of 22 B The person or persons slgmng and executing this Agreement on behalf of CONTRAC- TOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute 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 this Agreement if there is a dispute as to the legal authority of either CON- TRACTOR or the person signing the Agreement to enter into this Agreement CON- TRACTOR is liable to CITY for any money It has received from CITY for performance of the prowslons of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section D CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will m no way be substituted for funds and resources from other sources, nor m any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed 6 PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhihit B, attached hereto and incorpo- rated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in ac- cordance with all other terms, provisions and requirements of this Agreement No modificanons or alterations may be made in the Work Statement wahout the prior written approval of the City's Commumty Development Administrator 7. PAYMENTS TO CONTRACTOR A. Payments to Contractor The CITY shall pay to the CONTRACTOR a maximum amount of money totaling seventeen thousand two hundred fifty dollars ($17,250 00) for serwces rendered under this Agreement CITY will pay these funds on a reimbursement bas~s to the CONTRACTOR within 20 days after CITY has received supporting docu- mentation CONTRACTOR's failure to request reimbursement on a timely basas may jeopardize present or future funding Funds are to be used for the sole purpose of utility assistance to chents who demonstrate inability to pay due to verifiable emergency need Page 4 of 22 B Excess Payment. CONTRACTOR shall refund to CITY within ten working days of CITY's request, any sum of money whxch has been pad by CITY and which CITY at any time thereafter determines (1) has resulted m overpayment to CONTRACTOR, or (2) has not been spent strictly in accordance with the terms of this Agreement, or (3) is not supported by adequate documentation to fully justify the expenditure C. Disallowed Costs/Reversion of Assets Upon terminated of this Agreement, should any expense or change for which payment has been made be subsequently d~sallowed or d~s- approved as a result of any auditing or momtonng by CITY, the Department of Housing and Urban Development, or any other Federal agency, CONTRACTOR will refund such amount to CITY w~thln ten working days of a written notice to CONTRACTOR, which specifies the amount d~sallowed 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 wbach shall be refunded to CITY within ten working days of a written not,ce to CONTRACTOR to revert these financial assets The reversion of these financial assets shall be ~n addition to any other remedy available to CITY either at law or ~n equity for breach of this Contract Refunds of d~sallowed costs may not be made from these or any funds received from or tkrough CITY D Obhgatlon of Funds. In the event that actual expenditure rates deviate from CON- TRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropnate or recapture any such under expended funds E Contract Close Out CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last ~n- voice 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 ,nformat~on, reports and data heretofore or hereafter requested by CITY and fur- nished to CITY, are complete and accurate as of the date shown on the information, data, Page 5 of 22 or report, and, since that date, have not undergone any significant change without written notice to CITY B Any supporting financml statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRAC- TOR on the date shown on smd report, and the results of the operation for the period cov- ered by the report, and that since stud date, there has been no material change, adverse or otherwise, m the financml condlt~on of CONTRACTOR C No ht~gat~on or legal proceedings are presently pending or threatened agtunst CON- TRACTOR D None of the prowslons hereto contravene or are in conflict with the authority under which CONTRACTOR ~s domg business or wath the prows~ons of any exmtlng indenture or agreement of CONTRACTOR E CONTRACTOR has the power to enter into this Agreement and accept payments here- under, and has taken all necessary actxon to anthonze such acceptance under the terms and conditions of th~s Agreement F None of the assets of CONTRACTOR is subject to any lien or encumbrance of any char- acter, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submlssmn of each request for payment 9. COVENANTS A Dunng the period of time that payment may be made hereunder and so long as any pay- ments remam unhqmdated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator 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-existing mortgages, hens, or other encumbrances to remtun on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or cltums for money due or to become due (3) Sell, convey, or lease all or substantial part of its assets Page 6 of 22 (4) Make any advance or loan to, or incur any hablhty for any other firm, person, en- tity or corporation as guarantor, surety, or aecommodaUon endorser (5) Sell, donate, loan or transfer any eqmpment or hem of personal property pur- chased with funds pa~d to CONTRACTOR by CITY, unless CITY authorizes such transfer B Should CONTRACTOR use funds received under this Agreement to acqmre or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants (1) That the property shall be used to meet one of the nauonal objecUves stated m 24 CFR 570 until August 31, 2006 (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY ~n the amount of the fair market value of flus property less any port~on of the value attributable to expenditures ofnon-CDBG funds for acqmsmon of, or improvement to, the prop- erty C CONTRACTOR agrees, upon written request by CITY, to reqmre its employees to attend training sessions sponsored by the Community Development Office 10. ALLOWABLE COSTS A Costs shall be considered allowable only ~f incurred directly and specifically in the per- formance of and in comphance w~th th~s Agreement and In conformance with the stan- dards and provls~ons of Exhibits A and B B Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written ap- proval, even though certain items may appuar here~n CITY's prior written authorization is required ~n order for the following to be considered allowable costs (I) Encumbrances or expenditures dunng any one month period which exceeds one- fifth (1/5) of the total budget as specified in Exh~blt B (2) CITY shall not be obligated to any third part~es, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract ser- vice extending beyond the expiration of this Agreement (3) Out of town travel (4) Any alterations or relocation of the facilities on and in which the activities speci- fied m Exhibit A are conducted Page 7 of 22 (5) Any alterataons, deletaons or addmons to the Personnel Schedule ~ncorporated in Extubat B (6) Costs or fees for temporary employees or servmes (7) Any fees or payments for consultant servaces (8) Fees for attendang out of town meetings, seminars or conferences Wntten requests for prior approval are CONTRACTOR's responsabdaty and shall be made wathm sufficient tame to permit a thorough revaew by CITY CONTRACTOR must obtmn written approval by CITY prior to the commencement of procedures to sohcat or purchase servmes, eqmpment, or real or personal property Any procurement or purchase that may be approved under the terms of thas Agreement must be conducted mats entarety an accordance w~th the promsmns of thru Agreement 11 PROGRAM INCOME A For purposes of tl, ns Agreement, program ~ncome means earnings of CONTRACTOR reahzed from actawt~es resultang from ti'ns Agreement or from CONTRACTOR's man- agement of funchng provaded or receaved hereunder Such earnings anclude, but are not hmlted to, ~ncome from anterest, usage or rental or lease fees, ancome produced from con- tract-supported servaces of andavaduals or employees or from the use or sale of eqmpment or facilities of CONTRACTOR promded as a result of thts Agreement, and payments from chents or thard partaes for servaces rendered by CONTRACTOR under th~s Agree- ment B CONTRACTOR shall mmntmn records of the receipt and daspos~taon of program ~ncome ~n the same manner as reqmred for other contract funds, and reported to CITY ~n the for- mat prescribed by CITY CITY and CONTRACTOR agree, based upon adwce receaved from representatives of the U S Department of Housang and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service provasaon These fees or other program ~ncome will be deducted from the regular reimbursement request C CONTRACTOR shall include th~s Secnon ~n ~ts enttrety ~n all ofats sub-contracts, whmh ~nvolve other ancome-produmng serwces or actawt~es D It ~s CONTRACTOR's respons~bdaty to obtatn from CITY a pnor deternnnatmn as to whether or not income ansang d~rectly or ~nd~rectly from th~s Agreement, or the perform- ance thereof, constitutes program ~ncome CONTRACTOR ~s responsable to CITY for the repayment of any and all amounts determined by CITY to be program ancome, unless otherwise approved an writing by CITY Page 8 of 22 12 MAINTENANCE OF RECORDS A CONTRACTOR agrees to malntmn records that will prowde accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other apphca- ble Federal and State regulations estabhsh~ng standards for financial management CON- TRACTOR's record system shall conttun sufficient documentation to provide in detml full support and justfficatlon for each expenditure Nothing in this Section shall be con- strued to relieve CONTRACTOR of fiscal accountability and habfllty under any other provision of this Agreement or any apphcable law CONTRACTOR shall include the substance of fins provision in all subcontracts B CONTRACTOR agrees to retmn all books, records, documents, reports, and written ac- counting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years C Nothing m the above subsections shall be construed to relieve CONTRACTOR of re- sponsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement D At any reasonable t~me and as often as CITY may deem necessary, the CONTRACTOR shall make avaalable to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by smd representatives REPORTS AND INFORMATION At such times and m such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and ~nformation as CITY may request and deem pemnent to matters covered by th~s Agreement CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months The beneficiary report shall detail client reformation, including race, income, female head of household and other statlsUcs required by CITY The financial port shall include mformatton and data relative to all programmatic and financial reporting as of the beginning date spemfied ~n Section 1 ofth~s Agreement Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit conducted by independent examiners w~thin ten days after receipt of such Page 9 of 22 14 MONITORING AND EVALUATION A CITY shall perform on-s~te momtonng of CONTRACTOR's performances under this Agreement B CONTRACTOR agrees that CITY may carry out momtonng and evaluation act~Vltles to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Object~ves, which are attached hereto as Exhibit A, as well as other provisions of this Agreement C CONTRACTOR agrees to cooperate fully w~th CITY ~n the development, implementa- tion and mtuntenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill 1ts momtonng and evaluation responslbah- ties D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monltonng and to designate one of its staff to coordinate the momtonng process as requested by CITY staff E After each officml momtonng vis,t, CITY shall prowde CONTRACTOR with a written report of momtonng findings F CONTRACTOR shall submit cop~es of any fiscal, management, or audit reports by any of CONTRACTOR's fimdmg or regulatory bodies to CITY within five (5) working days of receipt by CONTRACTOR 15 DIRECTORS' MEETINGS Dunng the terms of thru Agreement, CONTRACTOR shall cause to be dehvered to CITY copies of all notices of meetings of ItS Board of Directors, setting forth the time and place thereof Such not,ce shall be dehvered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of D~rectors' meetings Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY w~thln ten working days of approval Page 10 of 22 16 INSURANCE A CONTRACTOR shall observe sound business practices with respect to provldmg such bonding and insurance as would prowde adequate coverage for services offered under this Agreement B The premises on and in which the actlvmes described in Exhibit A are conducted, and the employees conducting these actxmtles, shall be covered by premise habfl~ty ~nsurance, commonly referred to as "Owner/Tenant" coverage w~th CITY named as an add~txonal msured Upon request of CONTRACTOR, CITY may, at its sole d~scret~on, approve al- ternate insurance coverage arrangements C CONTRACTOR will comply w~th apphcable workers' compensation statues and will obtain employers' habfllty coverage where available and other appropriate habfllty cov- erage for program partxcxpants, ff apphcable D CONTRACTOR will malntmn adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who are reqmred to drive a vetucle m the normal scope and course of their employment must possess a valid Texas driver's hcense and automobile hablhty ~nsurance Evidence of the employee's current possession of a vahd hcense and insurance must be mmntmned on a current bas~s ~n CONTRACTOR's files E Actual losses not covered by ~nsurance as reqmred by this Sectmn are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR F The pohcy or pohc~es of ~nsurance shall contain a clause whmh reqmres that Cay and Contractor be notified m wrmng of any cancellauon of change in the pohcy at least thirty (30) days prior to such ct, rage or cancellation 17 EQUAL OPPORTUNITY A CONTRACTOR shall submit for CITY's approval, a written plan for comphance with the Equal Employment and Affirmative Action Federal prows~ons, w~th~n 30 days of the effective date of th~s Agreement B CONTRACTOR shall comply w~th all apphcable equal employment opportumty and af- firmattve action laws or regulations C CONTRACTOR will furnish all ~nformatmn and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of ~nvestlgatlon to ascertatn comphance w~th local, state and Federal rules and regulatmns Page 11 of 22 D In the event of CONTRACTOR's non-comphance with the non-d~senm~nat~on reqmre- ments, CITY may cancel or tenmnate the Agreement m whole or ~n part, and CON- TRACTOR may be barred from further contracts w~th CITY 18 PERSONNEL POLICIES Personnel pohe~es shall be estabhshed by CONTRACTOR and shall be avmlable for ex- am~natmn Such personnel pohc~es shall A Be no more hberal than CITY's personnel pohc~es, procedures, and practices, mcludmg pollmes wtth respect to employment, salary and wage rates, working hours and hohdays, fnnge benefits, vacation and sink leave privileges, 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 neither ~t nor any member of ~ts govermng body pres- ently has any ~nterest, d~rect or md~rect, which would conflict ~n any manner or degree wtth the performance of servmes required to be performed under this Agreement CON- TRACTOR further covenants that ~n the performance of th~s Agreement, no person hav- ing such ~nterest shall be employed or appointed as a member of ~ts governing body B CONTRACTOR further covenants that no member of tts governing body or ~ts staff, sub- contractors or employees shall possess any interest in or use his pos~t~on for a purpose that ~s or g~ves the appearance of being mottvated by desire for private gain for h~mself, or others, partmularly those w~th which he has family, business, or other ttes C No officer, member, or employee of CITY and no member of ~ts governing body who exercises any function or responsibilities m the rewew or approval of the undertaking or carrying out ofthts Agreement shall partm~pate tn any decm~on relating to the Agreement whmh affects h~s or her personal ~nterest or the interest ~n any corporation, parmershap, or assocmt~on ~n whmh he or she has a d~rect or ~nd~rect ~nterest 20 NEPOTISM CONTRACTOR shall not employ ~n any pard capacity any person who is a member of the ~mmedmte family of any person who ~s currently employed by CONTRACTOR, or ~s a member of CONTRACTOR's governing board The term "member of ~mmedlate family" ~n- Page 12 of 22 cludes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother and half-sister 21 POLITICAL OR SECTARIAN ACTIVITY A None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to Influence the passage, defeat or final content of legislation B None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or admlmstratlon, or be utilized so as to bene- fit in any manner any sectarian or rehg~ous facility or activity 22 PUBLICITY A Where such action is appropriate, CONTRACTOR shall publicize the activities con- ducted by CONTRACTOR under this Agreement In any news release, sign, brochure, or other advertlsmg medium, disseminating information prepared or distributed by or for CONTRACTOR, the advertising medium shall state that the U S Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton has made the project possible B All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement When ma- terml not onglnally developed is included in a report, the report shall identify the source in the body of the report or by footnote This provision is applicable when the materml 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 Devel- opment Block Grant Program, with funding received from the United States Department of Housing and Urban Development C All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, lnqmnes, corre- spondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt Page 13 of 22 23. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each t~me CONTRACTOR is prepanng or sub- mlttmg any appheatlon for funding in accordance with the following procedures A When the appheatlon is in the planning stages, CONTRACTOR shall submit to CITY a descnptmn of the funds being applied for, and the proposed use of funds B Upon award of or not,ce of award, wluchever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such fundmg on the funds and program(s) contracted hereunder Such notme shall be submitted to CITY, m writing 24 CHANGES AND AMENDMENTS A Any alterations, additions, or deletions to the terms of tlus 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 m Exhibit B without prior written approval of CITY CON- TRACTOR shall request, in writing, the budget revision xn a form prescribed by CITY, and such request for rewslon shall not increase the total monetary obhgat~on of CITY un- der this Agreement In addition, budget revisions cannot slgmficantly 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 hereto 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 dunng the term of this Agreement Any such modifications are to be automatically incorporated into this Agreement without writ- ten amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation E CITY may, from time to time dunng the term of the Agreement, request changes m Ex- hibit A, which may include an increase or decreased ~n the amount of CONTRACTOR's compensation Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section F Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Ex- hibit B shall reqmre the prior written approval of CITY Page 14 of 22 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 I It is expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among smd programs will be per- mitred 25. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly per- form each of the requirements, time conditions and duties provided herein, CITY, without limit- mg any rights it may othe~vlse have, may, at its discretion, and upon ten worl~ng days written notice to CONTRACTOR, withhold further payments to CONTRACTOR Such notice may be given by mml to the Executive Officer and the Board of Directors of CONTRACTOR The no- tree shall set forth the default or failure alleged, and the action required for cure The period of snch suspension shall be of such duration as is appropriate to accomplish corrective actmn, but m no event shall it exceed 30 calendar days At the end of the suspension permd, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded dunng the suspension period If however, CITY determines that CONTRACTOR has not come into com- phance, the provisions of Section 26 may be effectuated 26 TERMINATION A CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated m this paragraph (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided m Sectmn 25 (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement (3) Termination or reduction of funding by the United States Department of Housing and Urban Development (4) Finding by CITY that CONTRACTOR Page 15 of 22 (a) as an such unsatasfactory financaal condmon as to endanger performance under thas Agreement, (b) has allocated inventory to flus Agreement substantially exceeding reason- able reqmrements, (c) as delinquent an payment of taxes, or of costs of performance of thru Agreement in the ordinary course of business (5) Appointment of a trustee, receaver or liquidator for all or substantml part of CONTRACTOR's property, or institution of bankruptcy, reorganlzataon, rear- rangement of or hqmdatton proceedings by or against CONTRACTOR (6) CONTRACTOR's mabflaty to conform to changes reqmred by Federal, State and local laws or regulations as promded in Section 4, and Sectmn 24(D), of thas Agreement (7) The commlssaon of an act of bankruptcy (8) CONTRACTOR's molataon of any law or regulatmn to whach CONTRACTOR as bound or shall be bound under the terms of the Agreement CITY shall promptly notify CONTRACTOR m writing of the demsmn to termxnate and the effective date of termmatmn Simultaneous notme of pending termination maybe made to other funding source specified an Exhlbxt B B CITY may terminate this Agreement for convenience at any time If CITY terminates this Agreement for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expendatures as of the effective date of termination In no event will this com~en~tlon exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR cowlcd hv the Agreement, less payments previously made C CONTRACTOR may terminate thas Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder CONTRACTOR may opt, wlthan the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, prowded the termlnataon by the outsade funding soume was not occasaoned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question CONTRACTOR may termanate this Agreement upon the d~ssolutmn of CONTRAC- TOR's orgamzatlon not occasioned by a breach of this Agreement Page 16 of 22 D Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in flus paragraph E Notwithstanding any exercise by CITY of its right of suspension or termination, CON- TRACTOR shall not be reheved of liability to CITY for damages sustmned by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined 27. NOTIFICATION OF ACTION BROUGHT In the event that any clmm, demand, suit or other action is made or brought by any per- son(s), firm corporation or other entity agmnst CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two working days after being notified of such claim, de- mand, suit or other action Such notice shall state the date and hour of notfficatlon of any such claim, demand, suit or other action, the names and addresses of the person(s), firm, corporatmn or other entity making such clmm, or that mstltuted or threatened to institute any type of action or proceeding, the basis of such clam, action or proceeding, and the name of any person(s) against whom such clatm is being made or threatened Such written notice shall be delivered ei- ther personally or by marl 28 INDEMNIFICATION A It is expressly understood and agreed by both parties hereto that CITY is contract- lng with CONTRACTOR as an independent contractor and that as such, CON- TRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on ac- count of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to prowde the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and hablhty arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omIssmn of CITY, its agents, employees, or contractors 29. MISCELLANEOUS Page 17 of 22 A CONTRACTOR shall not transfer, pledge or otherwise assign ttus Agreement or any terest therein, or any clmm arising thereunder, to any party or parties, bank, trust com- pany or other financial institution without the pnor written approval of CITY B If ar~y provision of th~s Agreement is held to be lnvahd, illegal, or unenfomeable, the m- malmng prowslons shall remmn m full force and effect and continue to conform to the original intent of both parties hereto C In no event shall any payment to CONTRACTOR hereunder, or any other act or fmlure of CITY to Insist m any one or more instances upon the terms and conditions of this Agreement constatute or be construed m any way to be a wmver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRAC- TOR Neither shall such payment, act, or omission in any manner l~npmr or prejudice any nght, power, privilege, or remedy avadable to CITY to enforce its rights hereunder, which rights, powers, pnvfleges, or remedies are always specifically preserved No repre- sentative or agent of CITY may wmve the effect of this provision D Thls Agreement, together wlth referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, un- derstanding or other commitment antecedent to tins Agreement, whether written or oral, shall have no force or effect whatsoever, nor shall an agreement, assertion, statement, un- derstandmg, or other commitment occumng during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in wnt- lng~ and if appropriate, recorded as an amendment of th~s Agreement E In the event any disagreement or d~spute should arise between the part,es hereto pertatn- lng to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of comphance, wall have the final authority to render or to secure an interpre- tation F For purposes of thru Agreement, all official communications and notices among the par- ties shall be deemed made ~f sent postage paid to the parties and address set forth below CITY CONTRACTOR City Manager Interfaith Mlmstnes City of Denton ATTN Condell Garden, Director 215 E McKanney St P O Box 1744 Denton, Texas 76201 Denton, TX 76202 G Th~s Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any htlgatlon concerning th~s Agreement shall be in a court competent junsdm- tion s~tting m Denton County, Texas Page 18 of 22 /~ IN WITNESS OF WHICH flus Agreement has been executed on this the d~~. day of ,2ooo CITY OF DENTON ATTEST JENNIFER WALTERS, CITY SECRETARY AP~R/OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~~~'~~ INTERFAITH MINISTRIES BY E'~ECL~TiVE ,I~ii~EC~O~R ATTEST BOARD SECRETARY Page 19 of 22 C~ty of Denton - Community Development Dtvls~on Quahfymg Income L~mits for Federally Assisted Programs FY 2000/2001 Maximum Income Levels Moderate Low Income Very-Low Income Extremely-Low Income 65% AMI - <50% 50% AMI - <30% Income Family Size 80% AMI - <65% AMI AMI ~30% AMI AMI 1 $34,050 - $27,651 $27,650 - $21,301 $21,300- $12,751 $12,750 or Below 2 $38,900 - $31,601 $31,600- $24,301 $24,300 - $14,601 $14,600 or Below 3 $43,800 - $35,551 $35,550 - $27,351 $27,350 - $16,401 $16,400 or Below 4 $48,650 - $39,501 $39,500 - $30,401 $30,400 - $18,251 $18,250 or Below 5 $52,550 - $42,701 $42,700 - $32,851 $32,850 - $19,701 $19,700 or Below 6 $56,400 - $45,851 $45,850 - $35,251 $35,250- $21,151 $21,150 or Below 7 $60,300 - $49,001 $49,000 - $37,701 $37,700 - $22,651 $22,650 or Below 8 $64,200 - $52,151 $52,150 - $40,151 $40,150 - $24,101 $24,100 or Below Income L~mlt Source U S Department of Housing and Urban Development Effective April 2000 EXHIBIT "A" WORK STATEMENT INTERFAITH MINISTRIES Accept all Denton residents who meet income reqmrements and who are expenencmg an emer- gency financial need causing them to be delinquent m paying their utlhty bills Provide operation hours from 9 00 a m - 11 00 a m and 1 00 - 5 00 p m Monday through Fn- day Orgamzat~on will coordinate utlhty assistance w~th other human sersace agencies nclud~ng the non-profit servtce coordination agency Orgamzat~on will help to insure that chent information and service history is mmntamed via a computer database to provide efficient service delivery Orgamzatlon will make utdlty payments directly to utility providers for all or part of the past due utility b~ll The goal ofthts program is to asmst each client to work toward self-sufficiency Assistance provided includes payment of utlhty bills for clients meeting income ehglbd~ty guide- lines (see HUD quahfymg ~ncome limits chart) Funding from the City of Denton ~s will be used for the purpose of assisting w~th utility pay- ments and program admimstrat~on OUTCOME MEASURES Prowde assistance not more than once to assistance applicants per every s~x-month penod except ~n the case of extreme hardship Organization w~ll prowde utility assistance to at least 25 Denton households per month At least 90°/6 of Denton residents recelwng utlhty assistance payments will be entered ~nto the service coordination computer database Page 21 of 22 EXHIBIT "B" BUDGET Utd~ty Payments $ I 5,000 00 Program Admlmstratlon $ 2,250 00 (to be paid m monthly payments) TOTAL CONTRACT BUDGET $17,250 00 Page 22 of 22