2000-330 ORDINANCE NO ~7~_ ~,~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
SELF-SUFFICIENCY PROORAM FOR LOW-INCOME & HOMELESS FAMILIES,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTI~ DATE (BID 2529 - SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME &
HOMELESS FAMILIES AWARDED TO HOPE, INC, IN THE AMOUNT OF $30,000)
WHEREAS, the Ctty has soheited, reee,ved and tabulated compet~ave bids for tbe purchase of
necessary mate~ala; eqmpment, suppbes or sermces tn accordance w~ththe procedures of STATE law
and City ordinances, and
WHEREAS, the Cay Manager or a designated employee has revtewed and recommended that
the hereto described bids are the lowest responsible bids for the materials, equipment, supphes or
services as shown m the "Bid Proposals" subnutted therefore, and
WHEREAS, the City Council has prowded m the City Budget for the approprmtlon of funds
to be used for the purchase of the materials, eqmpmant, supphes or services approved and accepted
hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following eompetmve bids for materials, eqmpment, supphes, or
sermces, descaabed m the "Bid Proposals" on file tn the office of C~ty's Purchasing Agent filed
aecordmg to the bid number assigned hereto, are hereby accepted and approved as being the lowest
responsible bids for such ~tems
BID ITEM
NUMBER NO. ~ AMOUNT
2529 ALL HOPE, INC $30,000
SECTION II That the acceptance and approval of the above compeUUve bids, the City
accepts tho offer of the persons subrmttnlg the bids for such ~tems and agrees to purchase the
materials[ eXlmpm~nt, supphes or scrvlces tn accordance w~th the terms, speclficatlons, standards,
quantities and for the spectfied sums contained m the B~d Inwtatlons, Bid Proposals, and related
documents
~ That the City and persons subtmttmg approved and accepted items and of the
submitted bids w~qh to enter into a formal written agreement as a result oftbe acceptance, approval,
and awerdmg of tho blds, the City Manager or his designated representative ~s hereby anthortzed to
execute the written contracts which shall be attached hereto, prowded that the written contract m tn
accordaqce v~th the terms, ~ndttlona, spechqcations, standards, quantlUes and spec,fled sums
contained m the Bid Proposal and rolated documents hereto approved and accepted
SECTION IV That by the acceptance and approval of the above competitive b~ds, the C~ty
Counctl hereby authorizes the expenchture of funds therefor m the amount and m accordance wah the
approved b~ds or pursuant to a wnttan contract made pursuant thereto as authorized hereto
SECTION V That tlus ordinance shall become effective xmmedmtely upon ~ts passage and
approval
PASSED ~ APPROWD ~ the ~ ~ day of ~e~_ezg~2000
EULINE BROCK, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERB~~L ~U~ ATTORNEY
2000-2001
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON
AND HOPE, INC.
BID #2529
This Agreement is made and entered into by and between the C~ty of Denton, a Texas
mumc~pal corporatmn, acting by and through its C~ty Manager, pursuant to ordinance,
hereinafter referred to as CITY, and HOPE, Inc 117 West Sycamore, Denton, TX 76201, a
Texas non-profit corporation, hereinafter referred to as CONTRACTOR
WHEREAS, CITY has received eertmn ftmds from the U S Department of Housing and
Urban Development under T~tle I of the Housing and Commumty Development Act of 1974, as
amended, and
WHEREAS, CITY has adopted a budget for such funds and included thereto an
authorized budget for expenditure of funds for assistance to homeless and potentially homeless
families, and
WHEREAS, CITY has designated the Community Development Office as the d~wsmn
responsible for the adm~mstratmn ofth~s Agreement and all matters pertaining thereto, and
WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obhgat~ons and to the performance and accomplishment of thc condltmns hereinafter
described
1.
TERM
Tlus Agreement shall commence on or as of October 1, 2000, and shall terminate on
September 30, 2001, unless sooner terminated in accordance w~th Section 26 "Termination"
2.
RESPONSIBILITIES
CONTRACTOR hereby accepts the responslb~hty for the performance of all services and
actiwttes described ~n the Work Statement attached hereto as Exhibit A, in a satisfactory and
efficient manner as determined by CITY, ~n accordance w~th the terms hereto CITY will
consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible
for the management of all contractual matters pertmnlng hereto, unless written notfficat~on to the
contrary ~s received from CONTRACTOR, and approved by CITY
Page 1 of 22
The CITY's Commumty Development Admlmstrator will be CITY's representative
responsible for the administration of flus Agreement
3
CITY'S OBLIGATION
A Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred
pursuant m accordance with the project budget included as a part of Exhablt B
Notwithstanding any other provision of the Agreement, the total of all payments and
other obligations made or incurred by CITY hereunder shall not exceed the sum of flurty
thousand dollars ($30,000 00)
B. Measure of Liability 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 Exhibit B, subject
to the limitations and provisions set forth m this Section and Section 7 of this Agreement
(1) The parties expressly understand and agree that CITY's obhgatlons under this
Section are eontmgent upon the actual receipt of adequate Community
Development Block Grant (CDBG) funds to meet CITY's liabilities under this
Agreement If adequate funds are not avmlable to make payments under this
Agreement, CITY shall notify CONTRACTOR in writing Wlflun a reasonable
time after such fact has been detenmned CITY may, at its option, either reduce
the amount of its hablhty, as specified m Subsection A of this 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 tbas Agreement
(2) It is expressly understood that this Agreement in no way obhgates the General
Fund or any other momes or credits of the City of Denton
(3) CITY shall not be liable for any cost or portion thereof which
(a) has been prod, reimbursed or is subject to payment or reimbursement,
from any other source,
(b) was meurred 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
earher, or
Page 2 of 22
(e) is not an allowable cost as defined by Section 11 of this Agreement or the
project budget
(4) CITY shall not be hable for any cost or port~on thereof which is incurred with
respect to any activity of CONTRACTOR reqmnng prior written anthonzat~on
form CITY, or after CITY has requested that CONTRACTOR furmsh data
concerning such action prior to proceeding further, unless and until CITY advises
CONTRACTOR to proceed
(5) CITY shall not be obligated or liable under this Agreement to any party other than
CONTRACTOR for payment of any monies or provision of any goods or
services
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A CONTRACTOR understands that funds prowded to ~t pursuant to th~s 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 w~th an approved Grant
Application and specific assurances Accordingly, CONTRACTOR assures and certifies
that it will comply with the reqmrements 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 foregmng is in no way meant to constitute a complete
compilation of all duties imposed upon CONTRACTOR by law or administrative mhng,
or to narrow the standards, winch CONTRACTOR must follow
CONTRACTOR further accrues and certffies that ~f the regulations and issuances
promulgated pursuant to the Act are amended or revised, tt shall comply with them, or
notify CITY, as provided in Section 24 of th~s Agreement
CONTRACTOR agrees to abide by the conditions of and comply with the reqmrements
of the Office of Management and Budget Cmreulars Nos A-110 and A-122
B CONTRACTOR shall comply with all apphcable federal laws, laws of the State of Texas
and ordinances of the City of Denton
5
REPRESENTATIONS
A CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and official motion, resolution or action passed or taken, to enter
into this Agreement
Page 3 of 22
B The person or persons s~gnmg and executing tins Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully
authorized by CONTRACTOR to execute th~s Agreement on behalf of CONTRACTOR
and to validly and legally bmd CONTRACTOR to all terms, performances and
prowslons hereto set forth
C CITY shall have the nght, at ~ts option, to e~ther temporarily suspend or permanently
terminate tins Agreement if there is a d~spute as to the legal authority of e~ther
CONTRACTOR or the person s~gmng the Agreement to enter ~nto th~s Agreement
CONTRACTOR ~s hable to CITY for any money ~t has received from CITY for
performance of the provls~ons of tins Agreement ~f CITY has suspended or termmated
tins Agreement for the reasons enumerated m this Sectaon
D CONTRACTOR agrees that the funds and resources prowded CONTRACTOR under the
terms of th~s Agreement will m no way be subst~tutefl for funds and resources from other
sources, nor m any way serve to reduce the resources, serwces, or other benefits winch
would have been available to, or prowded through, CONTRACTOR had this Agreement
not been executed
6
PERFORMANCE BY CONTRACTOR
CONTRACTOR will prowde, oversee, administer, and carry out all of the actlwt~es and
services Set out m the WORK STATEMENT, attached hereto and incorporated hereto for all
purposes as Exinb~t A, utilizing the funds descnbed m Exinblt B, attached hereto and
incorporated herem for all purposes and deemed by both part,es to be necessary and sufficient
payment for full and satisfactory performance of the program, as determmed solely by CITY and
~n accordance w~th all other terms, prowslons and requirements of tins Agreement
No modifications or alterations may be made ~n the Work Statement w~thout the prior
written approval of the City's Commumty Development Adm~mstrator
7.
PAYMENTS TO CONTRACTOR
A Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totahng thirty thousand dollars ($30,000 00) for services rendered
under th~s Agreement CITY will pay these funds on a reimbursement bas~s to the
CONTRACTOR wltinn 20 days after CITY has received supporting documentation
CONTRACTOR's failure to request reimbursement on a t~mely basis may jeopardize
present or future fundmg
Funds are to be used for the sole purpose of prov~dmg assistance to homeless and
potentially homeless families
Page 4 of 22
B. Excess Payment. CONTRACTOR shall refund to CITY within ten working days of
CITY's request, any sum of money which has been paid by CITY and which CITY at any
t~me thereafter determmes
(1) has resulted m overpayment to CONTRACTOR, or
(2) has not been spent strictly m accordance w~th the terms of th~s Agreement, or
(3) is not supported by adequate documentation to fully justify the expenditure
C Disallowed Costs/Reversion of Assets. Upon terminated of th~s Agreement, should any
expense or change for whmh payment has been made be subsequently d~sallowed or
d~sapproved 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 wlthm ten working days of a written notme to
CONTRACTOR, which specffies the amount d~sallowed If CITY finds that
CONTRACTOR ~s unwflhng and/or unable to comply with any of the terms of th~s
Contract, CITY may reqmre a refund of any and all money expended pursuant to this
Contract by CONTRACTOR, as well as any remmmng unexpended funds which shall be
refunded to CITY w~th~n ten working days of a written notice to CONTRACTOR to
revert these finanmal assets The reversion of these finanmal assets shall be ~n addition to
any other remedy avmlable to CITY either at law or in eqmty for breach of this Contract
Refunds of disallowed costs may not be made from these or any funds received from or
through CITY
D Deobhgatlon of Funds. In the event that actual expenditure rates deviate from
CONTRACTOR's prowsmn of a corresponding level of performance, as specified m
Exhth~t 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 w~th a final expendature report, for the t~me period covered by the last
mvome requesting rexmbursement of funds under th~s Agreement, wlthm 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 mformatmn, reports and data heretofore or hereafter requested by CITY and
furmshed to CITY, are complete and accurate as of the date shown on the mformatmn,
Page 5 of 22
data, or report, and, since that date, have not undergone any slgnfficant 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 said report, and the results of the operation for the
period covered by the report, and that since smd date, there has been no material change,
adverse or otherwxse, m the financial condition of CONTRACTOR
C No htlgat~on or legal proceedings are presently pending or threatened against
CONTRACTOR
D None of the provisions herein contravene or are in conflict with the authority under which
CONTRACTOR is doing business or w~th the provisions of any existing indenture or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter into this Agreement and accept payments
horeunder, 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 furmshed 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
9.
COVENANTS
A During the period of time that payment may be made hereunder and so long as any
payments r~naln tmhqmdated, 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, liens, or other encumbrances to remain on, or attached to,
any assets of CONTRACTOR whtch are allocated to the performance of this
Agreement and with respect to which CITY has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due
(3) Sell, convey, or lease all or substantial part of its assets
Page 6 of 22
(4) Make any advance or loan to, or incur any hablhty for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds pad to CONTRACTOR by CITY, unless CITY authorizes
such transfer
B Should CONTRACTOR use funds received under this Agreement to acquire or ~mprove
real property under CONTRACTOR's control, CONTRACTOR agrees and covenants
(1) That the property shall be used to meet one of the national objectives stated in 24
CFR 570 until August 31, 2006
(2) That should CONTRACTOR transfer or otherwise dispose of smd property on or
before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of
the fmr market value of th~s property less any portion of the value attributable to
expenditures of non-CDBG funds for acquismon of, or ~mprovement to, the
property
C CONTRACTOR agrees, upon wnttan request by CITY, to reqmre ~ts employees to attend
trmnmg sessions sponsored by the Community Development Office
10.
ALLOWABLE COSTS
A Costs shall be considered allowable only if incurred directly specifically in the
performance of and ~n eomphanee with this Agreement and m conformance w~th the
standards and prowsmns of Exhibits A and B
B Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written
approval, even though certain ~tems may appear herein CITY's prior written
authonzatxon ~s reqmred m order for the following to be considered allowable costs
(1) Encumbrances or expenthtures dunng any one month period which exceeds one-
fifth (1/5) of the total budget as specified ~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
servme extending beyond the expiration of this Agreement
(3) Out of town travel
(4) Any alteratmns or relocation of the facilities on and m which the activities
specified in Exhibit A are conducted
Page 7 of 22
(5) Any alterations, deletions or additions to the Personnel Schedule incorporated ~n
Exhibit B
(6) Costs or fees for temporary employees or services
(7) Any fees or payments for consultant services
(8) Fees for attending out of town meetings, sennnars or conferences
Wntten requests for prior approval are CONTRACTOR's responsibility and shall be
made within sufficient t~me to penmt a thorough review by CITY CONTRACTOR must
obtain wnttan approval by CITY prior to the commencement of procedures to sohclt 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 m accordance with the provisions of th~s Agreement
11
PROGRAM INCOME
A For purposes of this Agreement, program ~ncome means earnings of CONTRACTOR
realized from activities resultmg from th~s Agreement or from CONTRACTOR's
management of funding provided or received hereunder Such earmngs include, but are
not hmlted to, ~ncome from interest, usage or rental or lease fees, ~ncome produced from
contract-supported servmes of lndlwduals or employees or from the use or sale of
equipment or facilities of CONTRACTOR provided as a result of this Agreement, and
payments from clients or third parties for services rendered by CONTRACTOR under
tlms Agreement
B CONTRACTOR shall mmntam records of the receipt and disposition of program income
m the same manner as reqmred for other contract funds, and reported to CITY ~n the
format prescribed by CITY CITY and CONTRACTOR agree, based upon adwce
received from representatives of the U S Department of Housing and Urban
Development (HUD), that any fees collected for serwces performed by CONTRACTOR
shall be spent only for service provision These fees or other program ~ncome wall be
deducted from the regular reimbursement request
C CONTRACTOR shall include this Section ~n its entirety ~n all of ~ts sub-contracts which
involve other mcome-producmg services or aet~vmes
D It is CONTRACTOR's responsibility to obtain from CITY a prior deternnnat~on as to
whether or not income arising directly or mdarectly from this Agreement, or the
performance thereof, constitutes program income CONTRACTOR is responsible to
CITY for the repayment of any and all mounts determined by CITY to be program
income, unless otherwise approved in writing by CITY
Page 8 of 22
12.
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to mamtmn records that will provide accurate, current, separate,
and complete dxsclosure of the status of the funds received under flus Agreement, in
compliance w~th the provisions of Exhibit B, attached hereto, and with any other
applicable Federal and State regulations establishing standards for finanmal management
CONTRACTOR's record system shall contmn suffiment documentation to provide in
detail full support and justification for each expenditure Nothing ~n this Section shall be
construed to relieve CONTRACTOR of fiscal accountabthty and habthty under any other
provision of this Agreement or any applicable law CONTRACTOR shall ~nclude the
substance of this provision m all subcontracts
B CONTRACTOR agrees to retmn all books, records, documents, reports, and written
accounting procedures pertaining to the operation of programs and expenditures of funds
under this Agreement for the period of time and under the conditions specified by CITY
C Notlung m 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, prowded 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 their authorized representatives, all of ~ts
records and shall permit CITY, HUD, or any of their authorized representatives to audit,
examine, make excexpts and copies of such records, and to conduct audits of all contracts,
~nvomes, materials, payrolls, records of personnel, conditions or employment and all
other data requested by smd representatives
13
REPORTS AND INFORMATION
At such times and ~n such form as CITY may reqmre, CONTRACTOR shall furnish such
statements, records, data and ~nformatlon as CITY may request and deem pertinent to matters
covered by this Agreement
CONTRACTOR shall submit quarterly beneficmry and finanmal reports to CITY no less
than once each three months The beneficiary report shall detml chent ~nformatlon, including
race, income, female head of household and other statistics required by CITY The financml
report shall include information and data relative to all programmatic and financial reporting as
of the begmmng date specified in Section 1 of this Agreement
Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit
conducted by independent examiners w~th 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 th~s
Agreement
B CONTRACTOR agrees that CITY may can'y out monltonng and evaluation activities to
ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
Object~ves, whmh are attached hereto as Exhibit A, as well as other prowslons of th~s
Agreement
C CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and maintenance of record-keeping systems and to prowde data
determined by CITY to be necessary for CITY to effectively fulfill ~ts momtonng and
evaluation responmbflmes
D CONTRACTOR agrees to cooperate m such a way so as not to obstruct or delay CITY in
such momtonng and to designate one of ~ts staff to coordinate the momtormg process as
requested by CITY staff
E After each official momtonng visit, CITY shall prowde CONTRACTOR with a written
report of momtonng finchngs
F CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any
of CONTRACTOR's funding or regulatory bodies to CITY w~th~n five (5) working days
of receipt by CONTRACTOR
15.
DIRECTORS' MEETINGS
Dunng the terms of th~s Agreement, CONTRACTOR shall cause to be dehvered to CITY
copies of all notices of meetings of ~ts Board of D~rectors, setting forth the t~me and place
thereof Such notme shall be dehvered to CITY in a mnely manner to g~ve adequate notme, and
shall ~nclude 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 avmlable to CITY
within ten worlong days of approval
Page 10 of 22
16.
INSURANCE
A CONTRACTOR shall observe sound bus~ness practaces wath respect to prowdang such
bondang and ~nsurance as would prowde adequate coverage for servaces offered under
thru Agreement
B The premises on and an w~eh the activities described m Exhab~t A are conducted, and the
employees conducting ~hese aet~wt~es, shall be covered by premase hablhty ~nsurance,
commonly referred to as "Owner/Tenant" coverage w~th CITY named as an addat~onal
~nsured Upon request of CONTRACTOR, CITY may, at ats sole dascret~on, approve
alternate ~nsurance coverage arrangements
C CONTRACTOR wall comply with apphcable workers' eompensataon statues and wall
obtaan employers' habahty coverage where available and other appropriate habahty
coverage for program partm~pants, ff appheable
D CONTRACTOR will mmntmn adequate and continuous laabalaty ansurance on all vehicles
owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are reqmred to drive a vehicle m the normal scope and course of thear employment must
possess a vahd Texas driver's hcense and automobile habflaty msurance Ewdence of the
employee's current possession of a vahd hcense and insurance must be maantalned on a
current bas~s m CONTRACTOR's files
E Actual losses not covered by insurance as requared by th~s Section are not allowable costs
under th~s Agreement, and remmn the sole respons~bthty of CONTRACTOR
F The pohcy or pohmes of msuranee shall eontmn a clause which requrres that Caty and
Contractor be notafied an writing of any cancellation of change m the pohcy at least 30
days prior to such change or cancellation
17.
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval, a written plan for comphance w~th
the Equal Employment and Affu'mat~ve Actmn Federal prowsmns, within 30 days of the
effective date of th~s Agreement
B CONTRACTOR shall comply w~th all appheable equal employment opportunity and
affirmative action laws or regulations
C CONTRACTOR wall fummh all mformat~on and reports requested by the CITY, and will
permat access to ~ts books, records, and accounts for purposes of anvestagat~on to ascertmn
complaanee 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 termmate the Agreement m whole or m part, and
CONTRACTOR may be barred from further contracts w~th CITY
18.
PERSONNEL POLICIES
Personnel pohc~es shall be estabhshed by CONTRACTOR. and shall be available for
examlnat~on Such personnel poheles shall
A Be no more hberal than CITY's personnel pohcles, procedures, and pracUces, ancludlng
pohe~es w~th respect to employment, salary and wage rates, working hours and hohdays,
fnnge benefits, vacaUon and s~ck leave privileges, and travel, and
B Be m wntmg 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 governing body
presently has any ~nterest, d~rect or ~nd~rect, which would conflict m any manner or
degree with the performance of services reqmred to be performed under th~s Agreement
CONTRACTOR further covenants that m the performance of th~s Agreement, no person
hawng such interest shall be employed or appomted as a member of ~ts governmg body
B CONTRACTOR further covenants that no member of its governing body or ~ts staff,
subcontractors or employees shall possess any ~nterest ~n or use his position for a purpose
that ~s or g~ves the appearance of being motivated by desire for private gain for lumself,
or others, particularly those w~th which 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
exercises any function or respons~bthUes ~n the rewew or approval of the undertaking or
carrymg out of th~s Agreement shall participate in any decas~on relatmg to the Agreement
which affects h~s or her personal ~nterest or the mterest ~n any corporaUon, partnershap, or
association in which he or she has a d~rect or md~rect ~nterest
20
NEPOTISM
CONTRACTOR shall not employ ~n any pa~d capacity any person who ~s 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 ammedmte family"
Page 12 of 22
includes wife, husband, son, daughter, mother, father, brother, s~ster, in-laws, aunt, uncle,
nephew, mete, stepparent, stepchild, half-brother and half-sister
21
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall involve, and no port~on of the funds
received by CONTRACTOR hereunder shall be used, either d~rectly or indirectly, for any
poht~cal act~wty 0ncluchng, but not hm~ted to, an act~wty to further the elect~on or defeat
of any candidate for pubhc 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 port~on of the funds
received by CONTRACTOR hereunder shall be used for or applied directly or ~nd~rectly
to the construction, operation, mmntenance or adm~mstratlon, or be utthzed so as to
benefit m any manner any sectarian or rehglous facility or activity
22.
PUBLICITY
A Where such action ~s appropriate, CONTRACTOR shall publicize the activities
conducted by CONTRACTOR under this Agreement In any news release, sign,
brochure, or other advertising medmm, disseminating information prepared or distributed
by or for CONTRACTOR, mention shall be made of the U S Department of Housing
and Urban Development's Commumty Development Block Grant Program funding
through the C~ty of Denton hawng made the project possible
B All pubhshed material and written reports submitted under this project must be originally
developed matenal unless otherwise specifically provided in this Agreement When
material not originally developed ~s included in a report, the report shall identify the
source m the body of the report or by footnote Th~s provision ~s applicable when the
material is m a verbatim or extensive paraphrase format
All pubhshed material submitted under this project shall include the following reference
on the front cover or t~tle page
Th~s document is prepared ~n accordance w~th the City of Denton's Community
Developmant Block Grant Program, w~th funding received from the United States
Department of Housing and Urban Development
C All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of bas~c proposal, or contracts and any responses, ~nqumes,
correspondence and related matenal submitted by CONTRACTOR shall become the
property of CITY upon receipt
Page 13 of 22
23
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is prepanng or
submitting any application for fundmg in accordance with the following procedures
A When the application ~s m 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, whichever 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 notice shall be submitted to CITY, m writing, w~thln ten
working days of receipt of the notice of award or funding award by CONTRACTOR,
together with copies of the budget, program descnptlon, and Agreement
C CONTRACTOR shall not use funds prowded hereunder, whether directly or indirectly,
as a contribution, or to prepare appllcat~ons 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 th~s 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 hne items w~thm
budget categories set forth m 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 th~s 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 m the State, Federal or local
laws or regulations pursuant hereto may occur dunng the term of ti'ns Agreement Any
such modifications are to be automatically incorporated into this Agreement without
wntten amendment hereto, and shall become a part of the Agreement on the effective
date speeffied by the law or regulation
E CITY may, from time to time dunng the term of the Agreement, request changes m
Exlublt A, which may mclude 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 in Subsection A of th~s SecUon
F Any alterations, deletion, or addlt~ens to the Contract Budget Detail incorporated m
Exfub~t B shall require the prior written approval of CITY
G CONTRACTOR agrees to notify CITY of any proposed change ~n 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 ~n personnel or govermng board
composition
I It ~s expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among smd programs will be
permitted
25.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to t~mely and properly
perform each of the reqmrements, time conditions and dutms prowded here~n, CITY, w~thout
limiting any rights it may otherwise have, may, at ~ts discretion, and upon ten working days
written not, ce to CONTRACTOR, withhold further payments to CONTRACTOR Such notme
may be g~ven by marl to the Executive Officer and the Board of D~rectors of CONTRACTOR
The notice 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 ~s appropriate to accomplish
correct~ve action, but in no event shall ~t exceed 30 calendar days At the end of the suspension
period, if CITY determines the default of defimency has been satisfied, CONTRACTOR may be
restored to full compliance status and pa~d all ehg~ble funds wahheld or ~mpounded dunng the
suspension period If however, CITY determines that CONTRACTOR has not come into
comphance, the prowslons of Section 26 may be effectuated
26
TERMINATION
A CITY may terminate th~s Agreement w~th cause for any of the following reasons
(I) CONTRACTOR's failure to attmn cornphance during any prescribed period of
suspension as provided in Section 25
(2) CONTRACTOR's wolatlon of covenants, agreements or guarantees of this
Agreement
Page 15 of 22
(3) Termination or reduction of funding by the Umted States Department of Housing
and Urban Development
(4) Finding by CITY that CONTRACTOR
(a) is in such unsatisfactory financial condition as to endanger performance
under this Agreement,
(b) has allocated inventory to this Agreement substantially exceeding
reasonable reqmrements,
(c) IS delinquent in payment of taxes, or of costs of performance of this
Agreement m the ordinary course of business
(5) Appointment of a trustee, receiver or liquidator for all or substantial part of
CONTRACTOR's property, or institution of bankruptcy, reorgamzatlon,
rearrangement of or liquidation proceedings by or against CONTRACTOR
(6) CONTRACTOR's inability to conform to changes reqmred by Federal, State and
local laws or regulations as provided in Section 4, and Section 24(D), of this
Agreement
(7) The commission of an act of bankruptcy
(8) 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 In 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
B CITY may terminate flus Agreement for convenience at any time If CITY termanates this
Agreement for eonvemenee, CONTRACTOR will be paid 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 servaees actually performed bears to the total servmes of CONTRACTOR covered by
the Agreement, less payments previously made
C CONTRACTOR may terminate this Agreement in whole or in part by written notice to
CITY, If a termination of outside funding occurs upon which CONTRACTOR depends
for performance hereunder CONTRACTOR may opt, within the limitations of this
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 m a contract between CONTRACTOR and the fundang
source in question
Page 16 of 22
CONTRACTOR may terminate this Agreement upon the &ssolut~on of
CONTRACTOR's orgamzat~on not occasioned by a breach of th~s Agreement
D Upon receipt of not~ee 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 ~ts right of suspension or termination,
CONTRACTOR shall not be reheved of habfl~ty to CITY for damages sustmned by
CITY by wrtue of any breach of the Agreement by CONTRACTOR, and CITY may
w~thhold any reimbursement to CONTRACTOR until such 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 against CONTRACTOR, CONTRACTOR shall g~ve
written not~ce thereof to CITY w~thm two working days after being not~fied of such clmm,
demand, stat or other action Such not,ce shall state the date and hour of notification of any such
clmm, demand, stat or other acUon, the names and addresses of the person(s), firm, corporation
or other enmy making such claim, or that ~nstltuted or threatened to ~nsmute any type of action
or proceeding, the bas~s of such clmm, action or proceeding, and the name of any person(s)
agmnst whom aneh clmm ~s being made or threatened Such written not,ce shall be dehvered
e~ther personally or by mml
28.
INDEMNIFICATION
A It Is expressly understood and agreed by both part.es hereto that CITY is
contracting with CONTRACTOR as au independent contractor and that as such,
CONTRACTOR shall save and hold CITY, ~ts officers, agents and employees
harmless from all lmblhty of any nature or kind, including costs and expenses for,
or on account of, any claims, audit exceptions, demands, stats 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 provide the defense for, and to indemnify and hold
harmless CITY ~ts agents, employees, or contractors from any and ali claims, suits,
causes of action, demands, damages, losses, attorney fees, expenses, and Ilabdity
arising out of the use of these contracted funds and program administration and
Page 17 of 22
implementation except to the extent caused by the wailful act or omission of CITY,
ats~ agents, employees, or contractors.
29.
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder, to any party or parties, bank, trust
company or other financial institution without the prior written approval of CITY
B If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaamng provisions shall remain 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 failure
of CITY to ms,st in any one or more instances upon the terms and conchtions of this
Agreement constitute or be construed in any way to be a wmver by CITY of any breach
of covenant or default which may then or subsequently be committed by
CONTRACTOR Neither shall such payment, act, or omission in any manner impair or
prejuchce any right, power, privilege, or remedy available to CITY to enforce ars rights
hereunder, which rights, powers, privileges, or remedies are always spemfically
preserved No representative or agent of CITY may waive the effect of this provision
D This Agreement, together with referenced exhibits and attachments, constttutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding or other commitment antecedent to this Agreement, whether written or
oral, shall have no force or effect whatsoever, nor shall an agreement, assertion,
statement, understanding, or other commitment occumng dunng the term of this
Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless
properly executed m writing, and if appropriate, recorded as an amendment of this
Agreement
E In the event any d~sagreement or dispute should arise between the parties hereto
pertmmng 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
interpretation
F For purposes of tlus Agreement, all officml commanacataons 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
CITY CONTRACTOR
Ctty Manager HOPE, Inc
C~ty of Denton ATTN Barbara Atk~ns, D~rector
215 E MclQrmey St 117 West Sycamore
Denton, Texas 76201 Denton, TX 76201
G Th~s Agreement shall be interpreted m accordance w~th the laws of the State of Texas and
venue of any htxgat~on concerning th~s Agreement shall be ~n a court competent
junsdmtmn mtt~ng ~n Denton County, Texas
/2 1N WlTBIESS OF WHICH th~s Agreement has been executed on thts the ~,~ ~day of
~ ,2000
CITY OF DENTON
B fVIICHA~ W ~ CITY MANAGER
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
ii""v -' -
APprOVED AS TO LEGAL FORM
HERBERT L PROUTY, ~TY ATTORNEY
HOPE, INC
EXECUTIVE DIRECTOR
ATTEST
BOARD SECRETARY'
Page 19 of 22
EXHIBIT "A"
WORK STATEMENT
30-90 Day Program
The program will provade assistance to famflaes who are homeless or potentially homeless, and
who have the desire and ability to establash self-reliance
The fundang requested will provade rent, utllaty, and food to claent families for 30 - 90 days
The case manager will meet with the chent famalaes on a weekly basas to assist w~th defimng
goals, budget slolls, assessment of job skills and educataonal needs, and community referral
Organization wall monator expense, receipts, income, and attempts to move toward stated goals
Chent families will have the ablhty, after program assastance, to mmntmn permanent housing
Transitional Housing Program
The purpose of the project as to assist famahes who are documented under HUD gmdelanes as
homeless~ toward estabhshmg and malntalmng self-sufficaency
The funding wall provide rent and utility assistance, and hmlted other finanmal aid, as
determancd by the needs of the transitional housing famabes The transatlonal housing program
will maintain up to five famlhes at a time, and rent and utahty assistance for 12 to 24 months
Organazataon will assist the transatlonal housing families wath assessment of educational or
vocational skills and tralnang, with budget skalls, w~th Job search skalls, and wath counseling or
other social services Orgamzataon will also momtor records of expenses incurred, receipts, and
proof of family meome
Client famllaes who are m the transatlonal housmg program will be able, after the one or two year
assistance period, to improve their sltuataon enough to be able to afford decent, safe, and sanitary
housmg wath munmal need for rental assistance and continuing emergency aide from agencaes
Organization will utllaze the assistance of the local non-profit servace coordination agency to
mmntaln client mformatlon an a centralized computer database
Organization wall actively pamclpato on the Denton Continuum of Care Plannmg Committee and
work wath local prowders to move famlhes through the Continuum of Care
75% of chents served wall come from specaal needs populations as defined by the 2000-2005
Contanuum of Care Plan Organazatmn will assist 3 more famllaes than were assisted in the
1999-2000 contract year
Page 21 of 22
EXHIBIT "B"
PROJECT BUDGET
30-90 Day Chent Assistance Program
Program Budget $5,000 00
Funds may be used for rent, utilities, food and salary of the case manager
Transitional Housing Program
Personnel Costs, Chent Servmes for 12 - 24 months $25,000 00
Funds may be used for case management for up to 20 hours per week, rent, utilities, and other
needed financial sad
Page 22 of 22