21-809 - 7525-005 - Ordinance Executed21-809ORD[NANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR THER DESIGNEE, TO
EXECUTE A SERVICE AGREEMENT WITH UNITED WAY OF DENTON COUNTY, INC.,
FOR ALLOCATION OF FUNDING FROM THE EMERGENCY SOLUTIONS GRANT CARES
ACT (ESG-CV), AS SET FORTH N THE CONTRACT; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE (RFQ 7525-o05 – SERVICE
AGREEMENT FOR ALLOCATION OF FUNDING FOR THE EMERGENCY SOLUTIONS
GRANT CARES ACT (ESG-CV) AWARDED TO UNITED WAY OF DENTON COUNTY, NC.,
IN THE NOT-TO-EXCEED AMOUNT OF $128,273.36).
WHEREAS, on December 17, 2020, the City Council approved a pre-qualified professional
list (Ordinance 20-2451), and the service provider (the “Provider) mentioned in this ordinance, is
being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than, the recommended practices and fees published by the professional
associations applicable to the Provider’s profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager, or their designee, is hereby authorized to enter into an
agreement with United Way of Denton County, Inc., for the allocation of funding from the
Emergency Solutions Grant CARES Act (ESG-CV), a copy of which is attached hereto and
incorporated by reference herein.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the RFQ 7525-005 to the City Manager of the City of Denton, Texas, or their designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by aha yRyan and
seconded by t)& b f\ffy\',f'\ \Qc . The ordinance was passed and approved by the
following vote n - a :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson, District 1 :
Connie Baker. District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzu, At Large Place 6:I
PASSED AND APPROVED this the LatE day of 202 1
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY BIll IIlle
BY: b _Pg),I ,
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users and
By. W,Utah,\ UWh A;:IB;I:=,E=::::..IF 1 • Qm
Date: 2023.04.2 1 14:54:03 <)5'00'
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-1 35F81D178E6
DENTON
Docusign City Council Transmittal Coversheet
FILE 1 7525-o05
File Name I Emergency solutions Grant-CARES Act (ESG-CV)
Pu„ha,i„gCo.t,ct I Gl--Y B'-""'tt
City Council Target Date MAY 4 ’ 2021
Piggy Back Option
Contract Expiration
Ordinance
Not Applicab1 e
N/A
21-809
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-1 35F81D178E6
A.Limit of Liability. CITY will reimburse RECIPIENT for expenses incurred pursuant to and in accordance with
the Budget attached hereto as Exhibit B and the Scope of Services herein attached as Exhibit A, each of which
Exhibits are incorporated herein by reference. 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 One
Hundred Twenty-Eight Thousand, Two Hundred Seventy-Three Dollars and Thirty-Six Cents ($ 128,273.36).
Measure of Liability. In consideration of full and satisfactory services and activities hereunder by RECIPIENT
and receipt of a requisition for payment with appropriate documentation of expenditures, CITY shall make
payments to RECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in
this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the
RECIPIENT’s financial management system in accordance with the standards specified in 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
(1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon
the actual receipt of adequate ESG funds to meet CITY’s liabilities under this Agreement. If adequate funds
are not available to make payments under this Agreement, CITY shall notify RECIPIENT in writing within
a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of
its liability or terminate the Agreement. If funds eligible for use for purposes of this Agreement are reduced,
CITY shall not be liable for further payments due to RECIPIENT under this Agreement.
(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 portion 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 RECIPIENT, or termination
of the Agreement, whichever date is earlier; or
(e) is not an allowable cost as defined by Section 10 of this Agreement or the Budget.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of
RECIPIENT requiring prior written authorization from CITY, or after CITY has requested that RECIPIENT
furnish data concerning such action prior to proceeding further, unless and until CITY advises RECIPIENT
to proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than RECIPIENT for payment
of any monies or provision of any goods or services.
RECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY, the RECIPIENT agrees to
the following terms and conditions:
(1) One Hundred Twenty-Eight Thousand, Two Hundred Seventy-Three Dollars and Thirty-Six Cents
($128,273.36) may be paid to RECIPIENT by CITY on a reimbursement basis, and the only expenditures
reimbursed by CITY shall be those in accordance with the Budget in Exhibit B for those expenses listed in
the Scope of Services as provided herein. RECIPIENT shall not utilize these funds for any other purpose.
(2) RECIPIENT will establish, operate, and maintain an account system for this program that will allow for a
tracing of funds and a review of the financial status of the program. The system will be based on generally
accepted accounting principles as recognized by the American Institute of Certified Public Accountants.
(3) RECIPIENT will permit authorized officials of CITY to review its books at any time.
(4) RECIPIENT will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's
Community Development Office along with any amendments, additions, or revisions upon request.
Page 2 of 23
B.
C
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-1 35F81D178E6
services, or other benefits which would have been available to, or provided through, RECIPIENT had this
Agreement not been executed.
6. PERFORMANCE BY RECIPIENT
RECIPIENT will provide, oversee, administer, and carry out the activities and services set out in the Scope of Services
in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be necessary and sufficient payment
for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other
terms, provisions, and requirements of this Agreement. No modifications or alterations may be made in the Scope
of Services or Budget without the prior written approval of the CITY’s Community Services Manager.
7. PAYMENTS
Payments to RECIPIENT. The CITY shall pay to RECIPIENT a maximum amount of money not to exceed One
Hundred Twenty-Eight Thousand, Two Hundred Seventy-Three Dollars and Thirty-Six Cents ($ 128,273.36) for
services rendered under this Agreement. The CITY will pay these funds on a reimbursement basis to RECIPIENT
within twenty-one days after CITY has received supporting documentation of eligible expenditures.
Documentation of expenditures must be submitted to the Community Development Division by the dates required
by Community Development. RECIPIENT’S failure to provide the information on a timely basis may jeopardize
present or future funding.
Funds are to be used for the sole purpose of providing the services described in the Scope of Services in Exhibit
A and based on the Budget in Exhibit B.
Excess Payment. RECIPIENT 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 time thereafter determines:
( 1) has resulted in overpayment to RECIPIENT; 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.
Disallowed Costs. Upon termination of this Agreement, should any expense or charge for which payment has
been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, HUD,
or any other Federal agency, RECIPIENT will refund such amount to CITY within ten working days of a written
notice to RECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made
from these or any funds received from or through CITY.
Reversion of Assets.
( 1) RECIPIENT, upon expiration of this Agreement, shall transfer to the CITY any funds on hand at the time of
expiration and any accounts receivable attributable to the use of funds.
(2) The reversion of these financial assets shall be in addition to any other remedy available to CITY either at
law or in equity for breach of this Agreement.
Obligation of Funds.
(1) in the event that actual expenditure rates deviate from RECIPIENT’s provision of a corresponding level of
performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such
under expended funds.
(2) if CITY finds that RECIPIENT is unwilling and/or unable to comply with any of the terms of this Agreement,
CITY may require a refund of any and all money expended pursuant to this Agreement by RECIPIENT, as
well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a
written notice to RECIPIENT to revert these financial assets.
A.
B.
C.
D.
E.
F
Page 4 of 23
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-1 35F81D178E6
B.Approval of RECIPIENT’s Budget, Exhibit B, does not constitute prior written approval, even though certain
items may appear herein. CITY’s prior written authorization is required in order for the following to be considered
allowable costs:
(1) CITY shall not be obligated to any third parties, including any subcontractors of RECIPIENT, and CITY
funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement.
(2) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are
conducted;
(3) Any alterations, deletions, or additions to the Budget detail incorporated in Exhibit B;
(4) Costs or fees for temporary employees or services;
(5) Any fees or payments for consultant services; and
(6) Fees for attending out of town meetings, seminars, or conferences.
Written requests for prior approval are RECIPIENT’s responsibility and shall be made within sufficient time to
permit a thorough review by CITY. RECIPIENT must obtain written approval by CITY prior to the
commencement of procedures to solicit or purchase services or personal property. Any procurement or purchase
which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with
the provisions of this Agreement.
Expenditures will not be reimbursed to the RECIPIENT for the purchase of real property or equipment. These
are not allowable costs under this Agreement.
C.
D.
11. PROGRAM INCOME
For purposes of this Agreement, Program Income means earnings of RECIPIENT realized from activities
resulting from this Agreement or from RECIPIENT’s management of funding provided or received hereunder.
Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced
from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of
RECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services
rendered by RECIPIENT under this Agreement.
RECIPIENT shall maintain records of the receipt and disposition of Program Income in the same manner as
required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and RECIPIENT
agree that any fees collected for services performed by RECIPIENT shall be used for payment of costs associated
with service provision. Revenue remaining after payment of all program expenses for service provision shall be
considered Program Income and shall be subject to all the requirements of this Agreement and the regulations
found at 24 CFR§570.504.
RECIPIENT shall include this Section in its entirety in all of its sub-contracts which involve other income-
producing services or activities.
It is RECIPIENT’s responsibility to obtain from CITY a prior determination as to whether or not income arising
directly or indirectly from this Agreement, or the performance thereof, constitutes Program Income. RECIPIENT
is responsible to CITY for the repayment of any and all amounts determined by CITY to be Program Income,
unless otherwise approved in writing by CITY.
A.
B.
C.
D.
12. MAINTENANCE OF RECORDS
RECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of
the status of the funds received under this Agreement, in compliance with the provisions of Exhibit A and Exhibit
B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial
management. RECIPIENT’s expenditures of funds made under this Agreement will conform to (2 CFR §200)
Page 6 of 23
A
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-135F81D178E6
after the completion of required reporting period. RECIPIENT agrees to submit financial statements no less
than once every three months. Each statement shall include current and year to date period accounting of all
revenues, expenditures, outstanding obligations, and beginning and ending balances. Financial reports shall
be due to CITY within 15 working days after the completion of required reporting period; and
(3) An explanation of any major changes in program services.
To comply with this section, RECIPIENT agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of hInds received and the services performed under this Agreement.
RECIPIENT's record system shall contain sufficient documentation to provide in detail full support and
justification for each expenditure. RECIPIENT agrees to retain all books, records, documents, reports, and
written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement
for the period of time and under the conditions specified by the CITY. Nothing in the above subsections shall be
construed to relieve RECIPIENT of responsibility for retaining accurate and current records, which clearly reflect
the level and benefit of services, provided under this Agreement.
After each official monitoring on-site visit, CITY shall provide RECIPIENT with a written report of monitoring
findings, documenting findings, and concerns that will require a written response to the CITY. An acceptable
response must be received by the CITY within 60 days from the RECIPIENT’s receipt of the monitoring report
or audit review letter. Future contract payments can be withheld for the RECIPIENT’s failure to submit a
response within 60 days.
RECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the RECIPIENT’s funding
or regulatory bodies to CITY within ten working days of receipt by the RECIPIENT.
E
F.
G.
15. DIRECTORS’ MEETINGS
During the term of this Agreement, RECIPIENT shall cause to be delivered to CITY copies of all notices of meetings
of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered 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.
RECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors’ meetings. Minutes of all meetings of RECIPIENT’s governing body shall be available to CITY within ten
days after Board approval.
16. INSURANCE
RECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as
would provide adequate coverage for services offered under this Agreement.
The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting
these activities, shall be covered by premise liability insurance, commonly referred to as “Owner/Tenant”
coverage, with CITY named as an additional insured. Upon request of RECIPIENT, CITY may, at its sole
discretion, approve alternate insurance coverage arrangements.
RECIPIENT will comply with applicable workers’ compensation statues and will obtain employers’ liability
coverage where available and other appropriate liability coverage for program participants, if applicable.
RECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated
by RECIPIENT. All employees of RECIPIENT who are required to drive a vehicle in the normal scope and
course of their employment must possess a valid Texas driver’s license and automobile liability insurance.
Evidence of the employee’s current possession of a valid license and insurance must be maintained on a current
basis in RECIPIENT’s files
A.
B.
C.
D
Page 8 of 23
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-1 35F81D178E6
in any decision relating to the Agreement which affects his or her personal interest or the interest in any
corporation, partnership, or association in which he or she has a direct or indirect interest.
20. NEPOTISM
RECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any
person who is currently employed by RECIPIENT, or is a member of RECIPIENT's governing board. The term
“member of immediate family” includes: 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
Neither the funds advanced pursuant to this Agreement, nor any personnel who may be employed by the
RECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in
any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code.
The RECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of
the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism
actlvrtles.
The RECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement
shall be used for any partisan political activity or to further the election or defeat of any candidate for public
office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation.
Employees of the RECIPIENT connected with any activity that is funded in whole or in part by funds provided
to RECIPIENT under this Agreement may not during the term of this Agreement:
( 1) Use their official position or influence to affect the outcome of an election or nomination;
(2) Solicit contributions for political purposes; or
(3) Take an active part in political management or in political campaigns.
RECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit C and if
necessary, the Disclosure of Lobbying Activities provided by the CITY.
A.
B.
C.
D
22. PUBLICITY
Where such action is appropriate, RECIPIENT shall publicize the activities conducted by RECIPIENT under this
Agreement that the TDHC A and funding through the City of Denton has contributed to make the project possible.
All published material and written reports submitted under this project must be originally developed material
unless otherwise specifically provided in this Agreement. When material not originally developed is included in
a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable
when the material is in a verbatim or extensive paraphrase format.
All 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 Emergency Solutions Grant, withfunding received
from the United States Department of Housing and Urban Development through the Texas Department of
Housing and Community Afairs.
All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of
basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by
RECIPIENT shall become the property of CITY upon receipt.
A.
B.
C.
D
Page 10 of 23
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-135F81D178E6
(5) Finding by CITY that the RECIPIENT:
a. is in such unsatisfactory financial condition as to endanger performance under this Agreement;
b. has allocated inventory to this Agreement substantially exceeding reasonable requirements; or
c. is delinquent in payment of taxes or of costs of performance of this Agreement in the ordinary course
of business
(6) Appointment of a trustee, receiver, or liquidator for all or substantial part of RECIPIENT’s property, or
institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against
RECIPIENT.
(7) RECIPIENT’s inability to conform to changes required by Federal, State, and local laws or regulations as
provided in Section 4, and Section 2, of this Agreement.
(8) The commission of an act of bankruptcy.
(9) RECIPIENT’s violation of any law or regulation to which RECIPIENT is bound or shall be bound under the
terms of the Agreement.
CITY shall promptly notify RECIPIENT in writing of the decision to terminate and the effective date of
termination.
CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for
convenience, RECIPIENT 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 services actually performed bears to the total services of RECIPIENT covered
by the Agreement, less payments previously made.
RECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of
outside funding occurs upon which RECIPIENT depends for performance hereunder. RECIPIENT 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 in a contract between RECIPIENT and the funding source in question. RECIPIENT may
terminate this Agreement upon the dissolution of RECIPIENT’s organization not occasioned by a breach of this
Agreement.
Upon receipt of notice to terminate, RECIPIENT 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
RECIPIENT or RECIPIENT’s creditors for any expenses, encumbrances, or obligations whatsoever incurred
after the termination date listed on the notice to terminate referred to in this paragraph.
Notwithstanding any exercise by CITY of its right of suspension or termination, RECIPIENT shall not be relieved
of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by RECIPIENT,
and CITY may withhold any reimbursement to RECIPIENT until such time as the exact amount of damages due
to CITY from RECIPIENT is agreed upon or otherwise determined.
B.
C.
D.
E.
F.
26. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit, or other action is made or brought by any person(s), firm, corporation, or
other entity against RECIPIENT, RECIPIENT shall give written notice thereof to CITY within five working days
after being notified of such claim, demand, suit, or other action. Such notice shall state the date and hour of
notification of any such claim, demand, suit, or other action; the names and addresses of the person(s), firm,
corporation, or other entity making such claim, or that instituted or threatened to institute any type of action or
proceeding; the basis of such claim, action, or proceeding; and the name of any person(s) against whom such claim
is being made or threatened. Such written notice shall be delivered either personally or by mail.
Page 12 of 23
DocuSign Envelope ID: 642B4BBD-C451-446B-B7DE-1 35F81D178E6
or prospective beneficiary objects to the religious character of the organization, and to refer the
beneficiary or prospective beneficiary to an alternative provider to which the beneficiary or prospective
beneficiary has no such objection.
29. MISCELLANEOUS
RECIPIENT 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.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall
remain in full force and effect and continue to conform to the original intent of both parties hereto.
All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of
basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by
RECIPIENT shall become the property of CITY upon receipt.
Debarment: RECIPIENT certifies that it is not listed on the System for Award Management (SAM), which list
the debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549 and 24 CFR Part 24.
In no event shall any payment to RECIPIENT hereunder, or any other act or failure of CITY to insist in any one
or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a
waiver by CITY of any breach of covenant or default which may then or subsequently be committed by
RECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power,
privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or
remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this
provlslon.
This Agreement, together with the referenced EXHIBITS, constitutes 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 occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate,
recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertaining 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 compliance, will have the final authority to render or
to secure an rnterpretatron.
If RECIPIENT provides services to the homeless it is required to:
( 1) Report homeless data to the Homeless Management Information System (HMIS). HMIS is a countywide data
management tool designed to facilitate data collection in order to improve human service delivery throughout
Denton County. Participation in the Homeless Management Information System (HMIS) is a requirement
per this agreement. Data entered into HMIS will help our community improve services to individuals
experiencing homelessness by providing accurate information on the extent and nature of homelessness in
our community and by accounting for our success in helping people move out of homelessness. Participation
is also critical to help Denton and Denton County successfully compete for grants for federal funding, such
as HUD’s homeless assistance funds.
(2) Participate in the Denton County Homeless Leadership Team meetings and any applicable workgroup(s).
The Denton County Homeless Leadership Team is a collaborative, cross-sector team that convenes to
improve the planning, coordination, oversight, and implementation required to create systems change for
A
B.
C.
D.
E.
F.
G.
H
Page 14 of 23
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-1 35F81D178E6
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
Community Services Manager
Title
Community Services
Department
4/21/2021
Date Signed: ' -
Page 16 of 23
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-135F81D178E6
Homeless Prevention as defined in 24 C.F.R. § 576.103
The purpose of ESG homeless prevention is to prevent a household from being evicted and becoming homeless.
Agencies must assess and document that the household would become homeless (per the definition above) but
for the ESG assistance. In other words, a household would require emergency shelter or would otherwise become
literally homeless in the absence of ESG assistance.
Homelessness Prevention assistance must be provided in accordance with the housing relocation and stabilization
services requirements in § 576.105, the short- and medium-term rental assistance requirements in § 576.106, and
the written standards and procedures established under§ 576.400.
•
•
Financial Assistance
Services
Housing Search & Placement
Housing Stability Case Management
Mediation
Legal Services
Credit Repair
Short- and Medium-Term Tenant Based Rental Assistance may be provided with up to 25 months of rental
assistance during any 3-year period
•
Rapid Re-Housing as defined in 24 C.F.R. § 576.104
The purpose of ESG rapid re-housing is to provide housing relocation and stabilization services and short- and/or
medium-term rental assistance as necessary to help a homeless individual or family move as quickly as possible
into permanent housing and achieve stability in that housing.
Rapid Re-housing assistance must be provided in accordance with the housing relocation and stabilization
services requirements in § 576.105, the short- and medium-term rental assistance requirements in § 576.106, and
the written standards and procedures established under§ 576.400.
•
•
Financial Assistance
Services
Housing Search & Placement
Housing Stability Case Management
Mediation
Legal Services
Credit Repair
Short- and Medium-Term Tenant Based Rental Assistance may be provided with up to 25 months of rental
assistance during any 3-year period
•
Homeless Management Information System (HMIS) as defined in 24 C.F.R. § 576.107
ESG funding provides for access and maintenance of the HMIS System. All agencies receiving ESG funds are
required to participate to the CoC’s HMIS except as prohibited by law. HMIS participation must comply with
HUD standards on participation, data collection and reporting to HMIS Lead as participation ensures more
efficient collaboration and coordination of services. Service to participants includes:
•Contributing Data to the HMIS or comparable database
Page 18 of 23
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-1 35F81D178E6
Program
Street Outreach
NIelric
Staff (FTE
Clients Served
Staff E
Staff (FTE
Clients Served
Months/HH
Emergency Shelter
Rapid Rehousing
Assistance/month
Staff (FTE)
e d (HH)
Months/HH
Assistance/month
Homeless Prevention
SECTION 3: REQUIRED REPORTING
RECIPIENT will submit regular reporting on the schedule described here.
• June 4, 2021
• July 5, 2021
• August 5, 2021 – Final Report
Page 20 of 23
DocuSign Envelope ID: 642B4BBD-C451-446B-B7DE-1 35F81D178E6
Exhibit C
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-ILL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this Certification be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all RECIPIENTs shall certify and disclose accordingly.
(2)
(3)
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 3 1, US Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
UNITED WAY OF DENTON COUNTY, INC.
Grantee
D1 rector of Housing Inltlatlves
TitleSignatur6
4/21/2021
Date
Page 22 of 23
DocuSign Envelope ID: 642B4BBD-C451446B-B7DE-135F81D178E6
Exhibit CIQ
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doing business with local governmental enti
This questionnaire reflects changes macby H.B. 23, 84th Leg., Regular Sessm
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
rD Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate
d Name of local government officer about whom the information in this se,tio„ i, bei„g disclosed.
Name of Officer
His section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?E Yes E No
B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
[] Yes [] No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
E Yes Et No
D Describe each employment or business and family relationship with the local government officer named in this section
4
5
B] 1 have no Conflict of Interest to disclose.
4/21/2021
la€BHR#&81rd6f-doing business with the governmental entity Date