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HomeMy WebLinkAboutR2017-023RESOLUTION NO. R2� 1 �-�23 . • � # ; � � � • • �� . . • � . � ; � � �. � +, � � � �:� � �. . � . � . . �• � . �, � � �;. ....#.. , . . � . . �� � . � • # ' 1 : # � � • � •. . � . . . , � 1 , � , � , , �,.�.; � . � �.� . � ' � 1 • 1 '''! ! •' � � � WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded ecanomic opportunitiess and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City af Denton, Texas, as a CDBG Entitlement City and a HOME Participating Jurisdiction, has prepared, through a citizen participatian process, a program far utilizing its 2017-year entitlement funds, program income and reallocated funding from previous years in the approximate amaunt af $1,347,462; and WHEREAS, citizen participatian requirements, including the halding of public hearings, have been met; and ' � . * !- - �� - • � . . . � - . � . � . •.r -, I r � � � '',1 -• . , .•r , r . • .•• •r , . - , . .-r : � � •. -• ' . #' ' •' • # #' � • ' : ' � S�_��?��°"��"��4(„��� 1. The City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit ta the Department of Hausing and Urban Development a 2017 Action Plan, and apprapriate certificatians for entitlement funds under the Hausing and Community Development Act af 1974, as amended and the Naiional Affordable Hausing Act of 1990, as amended. SECTION 2. The City Council of the City of Dentan, Texas, authorizes the Community Development Manager to handle all fiscal and administrative matters related to the application, the Action Plan and the certifications, including any proportional increases or decreases in project or program funding required to match actual allocation amounts. SECTION 3, The City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. 1 SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� day of ��� � '��C��17, ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO"'����1�:�;i AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: , . �m�...m �.. � ..__ ..,����,, � �°� �� � �'�'�»� 2 � � � ��„ CHRI� WATTS, MA � �... YOR City of Denton Community Development Division � I �:'�m�r , � r��� � � <�� ����� �������'� 2017/18 Action Plan 3rd year of the 2015/19 Consolidated Plan (August 1, 2017 through July 31, 2018) ... for housing and community development 1 OMB Control No: 2506-0117 (exp. 07/31/2015) ' ��� t l� �� l � � � 2017/18 ACTION PLAN PREPARED BY: City of Denton Community Development Division 601 E. Hickory, Suite B Denton, Texas 76205 Main Phone Number: (940) 349-7726 Email: community.development@cityofdenton.com Website: www.cityofdenton.com CITY COUNCIL APPROVAL: ➢ Presented on May 23, 2017 ➢ Approval on June 6, 2017 HUD APPROVAL ➢ To be Submitted on June 15, 2017 ➢ Approval on TBD 2 OMB Control No: 2506-0117 (exp. 07/31/2015) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction This document serves as the City of Denton's 2017 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2017 program year to address Denton's strategies stated in the 2015-2019 Consolidpted Plan for Housing and Community Development. The City of Denton is currently an entitlement city for the Community Development Block Grant (CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME) Programs. SF-424 applications for CDBG and HOME are available as in the appendix section. The City of Denton's estimated total federal and program income funding for 2017 is $1,347,462 (includes $35,740 of Reprogrammed Funds). Please note that the table below shows the federal funding available from the U.S. Department of HUD for the 2017/18 program year and the proposed amount from the City of Denton General Funds. Though the list of general fund recommendations is included in the Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle and consider for approval in September 2017. A total of 83.68% of all CDBG and HOME funds has been allocated to low and moderate income activities. This is due to funds allocated to administration. Funding Available CDBG Funds HOME Funds General Funds Total Funds Annual HUD Grant Allocation $879,638 $348,084 $631,707 $1,859,429 Annual Estimated Program Income $8,000 $76,000 $0 $84,000 Prior-Year Reallocated Funds $35,740 $ $0 $35,740 Total $923,378 $424,084 $631,707 $1,979,169 Table 1— 2017/18 Funding Summary 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. OMB Control No: 2506-0117 (exp. 07/31/2015) Below are the objectives and outcomes identified in the City of Denton's 2015-2019 Consolidated Plan for Housing and Community Development: 1. Decent Housing • Encourage homeownership by providing down payment and closing assistance to 30 low and moderate income households. • Maintain 235 existing affordable housing units for low and moderate income households including reconstruction, substantial rehabilitation and minor repairs for single-family housing units. • Encourage and maintain 32 affordable rental units including rehabilitation of substandard units and rehabilitation of multi-family units. 2. Suitable Living Environment • Provision of public facility and infrastructure improvements to benefit 10,000 people. • Provision of public services such as health and mental care, affordable day care, after school programs, senior services, transitional housing, programs for victims of domestic violence, disabled services, and advocacy services to benefit 2800 people. • Provision of homeless assistance activities for 6500 homeless persons especially extremely low income or those with no income, persons with physical and mental disabilities including temporary shelter, food and clothing to chronically homeless and those that have recently become homeless. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The City's activities to meet the goals in the 2015-2019 Consolidated Plan are reported annually in the Consolidated Annual Performance and Evaluation Report (CAPER). Over the past several years, the City of Denton has focused on housing, public services and various public and non-profit facility improvements. Below is information on the number of households or persons served through the Community Development Block Grant and the Home Investment Partnerships Program from the 2015- 16 CAPER. The public services assistance numbers reflect the total number of persons served by the agencies receiving CDBG and General Fund support. The 2015/16 program year was the first year of Denton's 2015-19 Consolidated Plan for Housing and Community Development. Staff efforts throughout the year focused on housing, public services activities with an emphasis on homeless assistance and public facility improvements. Below is a 4 OMB Control No: 2506-0117 (exp. 07/31/2015) discussion of program year accomplishments: ➢ Affordable Rental Units: The Denton Affordable Housing Corporation completed the rehabilitation of one rental project. The agency is in the process of rehabilitating a six-plex rental project on Bolivar Street. Also, improvements to Fairoaks Senior Housing Project were completed during the 2016/17 program year. The Fairoaks Senior Housing Complex is a 41-unit senior complex. ➢ Homeless Assistance: Funding was provided to Denton County Friends of the Family to meet the Homeless Assistance annual goal of 400. The agency provided assistance to a total of 303 people during the program year. ➢ Homeownership Assistance/Education: 2013 CDBG funding and HOME funds were available during the 2015 program year to assist a total of 8 households with homeownership assistance and minor repairs to their homes. Homeownership assistance numbers are lower than projected. Although interest rates have remained low, many buyers are having difficulty qualifying for mortgage loans due to increased lending standards and changes in loan guidelines (e.g. increased upfront and monthly MIP fee). Also, the availability of housing is at a historical low and prices making the situation a serious seller's market. This situation has made it extremely difficult for first-time homebuyer. Homes costing approximately $150,000 are extremely difficult to find. ➢ Housing Rehabilitation: CDBG and HOME funding was available to meet the Housing Rehabilitation goal of 47. The Minor Repair Program and Home Improvement Program assisted 34 households - 3 with home improvements and 31 with minor repairs. Increases in construction costs and the building permit process affected the number of accomplishments. ➢ Public Facilities and Infrastructure Improvements: Funding was available to meet the Public Facilities annual goal of 2,000 people. Projects will be completed during the 2016 program year. 2014 funding was available during the program year to complete the Fred Moore Day School Project and assist a total of 281 children. ➢ Public Services: Funding was available to meet the public services annual goal of 1173 people. The Denton City County Day School, Health Services of North Texas, Summer Camp and SPAN, Inc. provided assistance to 695 people. Most of the agencies were able to meet their 2015 goal. During the 2015/16 program year, the City of Denton also received General Funds and Emergency Solutions Grant through the State of Texas. Below are additional accomplishments during the 2015-16 program year by goals: • Public Services Accomplishments with General Fund dollars - An additional 2341 people were assisted • Homeless Assistance with General Fund and ESG funds - An additional 1844 people were assisted. • Homeless Prevention with General Fund and ESG funds - An additional 364 were assisted. 5 OMB Control No: 2506-0117 (exp. 07/31/2015) 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. To ensure citizen participation in the 2017/18 Action Plan process including the substantial amendment to the 2015 and 2016 Action Plans, the city followed its Citizen Participation Plan at all stages of the plan and amendments. A public hearing was held November 3, 2016. Spanish translations were provided at the public hearing. The public hearing updated citizens on the status of current programs and activities and asked the citizens how they felt the 2017 funds should be spent. The public hearing was held within a low and moderate-income neighborhood. Information on the public hearing was included in the Community Development Quarterly Newsletter. The Community Development Quarterly Newsletter was mailed or e-mailed to neighborhood associations; recreation centers and libraries; service agencies and beneficiaries; city council, Human Services Advisory Committee (HSAC) and Community Development Advisory Committee (CDAC) members; churches; applicants; contractors; participating lenders and realtors; employees; citizens who attended previous public hearings; and interested citizens. The newsletter which is in Spanish and English is available for pickup or viewing at all recreation centers, libraries, and the City of Denton's website. A notice was also placed in the Denton Record-Chronicle. Community Development staff also attended the Denia Neighborhood meeting on October 24, 2016. At the neighborhood meeting, staff updated residents on the status of current programs and activities, reviewed eligible activities, funding available for 2017 program year and requested comments from residents on how the federal funds should be spent. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan would be available for review, and the process for submitting comments to the City of Denton. The draft Action Plan was available at the Community Development Department and on the City of Denton's web page. The advertisements also included information on the upcoming public hearing. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2016 Action Plan process, a public hearing was scheduled on May 23, 2017 during a City Council Meeting to give citizens the opportunity to comment on the 2017/18 proposed projects and activities. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Below is a list of comments received at the public hearings on November 3, 2016 and May 23, 2017 and the Neighborhood Meeting on October 23, 2016: OMB Control No: 2506-0117 (exp. 07/31/2015) • Repair the dilapidated sidewalks on McCormick Streets from Willowwood to Parvin. Sidewalks are located on both sides of McCormick. They also indicated that the sidewalks are not ADA accessible and are not safe for the kids that use the sidewalks to access Borman Elementary. • Shelter for the homeless. Street repair on Bradshaw St. Maintenance of the creek in Fred Moore Park. • Afterschool and mentoring programs. • 701 Elm St, the building of a bar garden should not be allowed next to a fitness center and should not be allowed to pass inspection and be granted a building permit. • Fred Moore Park Creek Improvements, bricks pile up; • Repave and re-level Bradshaw Street; • Housing programs; • Sidewalks on Bradshaw; • Repave Hinkle; • Repave Maple. Below is a list of comments received during the 30-day comment period for the 2017 Action Plan: • No comments were received during the 30-day comment period. 6. Summary of comments or views not accepted and the reasons for not accepting them Public comments were reviewed with the Community Development Advisory Committee and considered in the development of the 2017 Action Plan. Public comments were also forwarded to City departments. 7. Summary The Action Plan was developed by requesting public input regarding the use of federal funds. Funding applications were available in November and December 2016. Application training was provided by Community Development Staff on both community development and human services applications. The Community Development Advisory Committee and the Human Services Advisory Committee reviewed applications and held funding hearings in February and March 2016. Each committee developed a set of funding recommendations. The 2017 Action Plan was developed based on the CDAC and HSAC recommendations. 7 OMB Control No: 2506-0117 (exp. 07/31/2015) � U � O � bA c � C � � � c � � � a,o O Q � c c � o 0 � '� '� ao '> '> a o 0 � � � � C C G7 N N � Q Q � O O Q. N N � N N � � � �-�+ �-�+ .� .� � � � � � � O O U U a� � Z z z � � Z Z w w � � a� 0 � c.�i � L Q% L CO O � Q � tLo � � .� ;� '� � � � Q a � w p O U = � N �V i v oc a v � .� 0 a � v � I N N � (0 H � O � � O a, � � ca � z c 0 c v 0 C � V w O _ a s v c � d � 0 � fC � O � � � U fC � � 0 V U � � a � ca a � a� � � � .O � � O V C 0 .� .� � c � � a 0 N > c v o � +� c � N � � � � � CJ U � 0 N � n � x v H c 0 c 41 0 � O U C O � c v � O � U � c a, � Q O � � N � a, � M � � � � � � c m � � o � � � m � � o 0 � � rn _ c 'co s � � d � w � 0 U C 0 c v � O � U 3 3 \ � a s ai � >41 > E�: AP-10 Consultation — 91.100, 91.200(b), 91.215(I) Introduction The City of Denton utilizes a variety of inethods to encourage on-going participation from residents, social service providers, and community development organizations. The participation process for the Consolidated Plan included public hearings, public comment period; a community survey for citizens and non-profit agencies, participating in coalitions and committees, consultation with various city departments; and consultation with housing providers. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)) The City of Denton's Community Development Division coordinates the citizen consultation process for the five-year Consolidated Plan and each annual Action Plan. The Citizen Participation Plan (CPP), as approved by City Council, sets forth the City's policies and procedures for citizen input and participation in the grant process. After approval, copies of the Consolidated Plan and the Action Plan are published and made available at three to four city locations and the City's website. At least two of these locations are located ir low to moderate-income neighborhoods. The CPP also describes the process affording citizens and organizations the opportunity to provide the City with information on housing and community development needs, as part of the preparation of the Consolidated Plan and Action Plans. Additionally, the City conducts at least two public hearings during the development process before the Consolidated Plan and the Action Plan are published. An additional public hearing takes place during the 30-day comment period in order to obtain citizen's views and to respond to comments and questions. This final public hearing is held in conjunction with a scheduled City Council meeting. The City also sends notifications to various State agencies, local neighborhood groups, city departments, and service organizations as part of the consultation process. The City of Denton has a very strong network of service providers including those providing housing, education, health care and other needed services. Over the past four years, the United Way of Denton County, the City of Denton, the Denton Independent School District and other organizations have joined together to review and discuss the provision of services in the Denton area in an attempt to maximize the benefits derived from available resources. Below is a list of the committees that have been developed to assist in improving the coordination of services: • Denton County Homeless Coalition • Homeless Leadership Team, collective impact project • Behavioral Health Leadership Team, a collective impact project • Community Health Council • Denton Hunger Coalition • Early Childhood Coalition serving the North Texas Region • United Way's Community Needs Assessment Committee OMB Control No: 2506-0117 (exp. 07/31/2015) Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City of Denton in Denton County is a part of the Texas Balance State Continuum of Care (CoC) operated by the Texas Homeless Network (THN). In collaboration with our local homeless coalition, the Denton County Homeless Coalition (DCHC), the CoC sets priorities for housing and supportive services to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. As an active participant in the DCHC and CoC, the City of Denton is working in collaboration and in support of these priorities. Coordination with the CoC offers expanded access to funding, quality collaborative tools, and greater knowledge resources. Collaboration includes improved data collection and better management of available resources by improving the Homeless Management Information System (HMIS) collections and increasing the number of contributors to HMIS locally. CoC collaboration improves the relevance of data collected through the annual Point-in-Time (PIT) homeless count. Lastly, CoC collaboration has led to the implementation of a Coordinated Entry System (CE) as a part of a larger, developing community housing crisis response system. In addition to local federal CoC funds, Emergency Solutions Grant (ESG) are used locally to provide persons experiencing homelessness with housing and supportive services for housing stability. The City of Denton, as lead agency in the Denton County ESG partnership collaborative, works to ensure funds for supportive housing programs are in alignment with CoC priorities and that the programs address the needs so persons experiencing homelessness can transition out of homelessness into housing and those at-risk of homelessness are prevented from becoming homeless. CoC and local data are vital to the effort to identify and address those housing needs. Based on our community data from HMIS analysis, CE, and the annual PIT Count, those experiencing homelessness in Denton County include sheltered and unsheltered homeless; chronically homeless both in shelter and those living in places not fit for human habitation who are in need of housing services; families and individuals who are fleeing domestic violence or at risk of homelessness due to imminent danger; and low-income, at- risk Individuals and families at imminent risk of eviction who otherwise would be homeless without assistance. Our prioritized populations are veterans, chronically homeless, victims of domestic violence, and persons experiencing mental health crisis who are homeless. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS This section is not applicable since Denton does not receive ESG funds from HUD as an annual entitlement. 10 OMB Control No: 2506-0117 (exp. 07/31/2015) +, Q- � o v +� v +' v a � � v � � � � � � c � � � ° +' o � � — p co s +' .0 � � v L � +' s v � •� -� � � v v 3+� + o c c�o � v � Q � � � � � � $ +� �n c v � > � �n � � > N � � � N � +�+ i N � Vf a'' �n p -� � � ,> � '� . � � � � � _ � O � � +' > N � � s v N � H v'� s� � 3 c�_ � N � Q s � �•� o Q� 0 3 � � � � � � o - �, +� � p�> � o v v� s �'> v s � c Q- s v +� af°i s *' � � � � � � � J � � � O � ,} C � co O �' > � � O C � CA � co CA � O v '�n — � � � co � � � Q _ �'� � v U .�n N O c�'o +� 41 ,� � � — � V � C Q O L1 � O 41 O � � � � � � N ' j Q- +� U � � — 0 � � � N L > (0 � � -� �, N U U � � N Q � � +� s O+' N �� � s � U s � O � � v U c a-' v � co � to +, m . to � . 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SF-424 applications for CDBG and HOME are available in the appendix section. The City of Denton's estimated total federal funds and program income funding for 2017/18 is $1,347,462 and includes $35,740 in reprogrammed funds from prior year funds. Besides the federal funds, the City of Denton is also leveraging an additional $730,463 in local funds from the City of Denton General Funds. Please note that the table below shows the federal funding available from the U.S. Department of HUD for the 2017/18 program year. Below is the list of projects that are recommended to be funded with General Funds for the 2017/18 fiscal year: Agency Description Amount Goal Outcomes CASA of Denton Co. Court Advocacy $20,000 Public Services 181 persons Communities in Schools Dropout Prevention $21,200 Public Services 540 persons Denton Christian Preschool Childhood education $26,000 Public Services 90 persons Denton Community Health Clinic Behavioral Health $20,000 Public Services 50 persons Denton Community Health Clinic Care Coordination $5,000 Public Services 200 persons Denton Community Health Clinic Diabetes Eye Exam $5,000 Public Services 159 persons Denton County MHMR Ctr. HCS-Residential Care $15,000 Public Services 32 persons Fred Moore Nursery School Childhood Education $48,000 Public Services 328 persons Homeless Giving HOPE, Inc. Transitional Housing $26,500 Assistance 58 persons Health Services of North Texas Indigent Primary Care $45,000 Public Services 4733 persons Homeless Interfaith Ministries Rent/Shelter Assistance $5,000 Prevention 150 persons Homeless Monsignor King Homeless Ctr, Outreach Center $20,000 Assistance 275 persons RSVP: Serving Denton Co. VISTA Program $12,500 Public Services 29 persons RSVP: Serving Denton Co. Volunteers $5,000 Public Services 300 persons Congregate/delivered Special Programs for Aging Needs meals $10,155 Public Services 370 persons Youth and Family Counseling Counseling $5,000 Public Services 245 persons Homeless Leadership Team Coordinated Entry/HMIS $18,000 N/A N/A 23 OMB Control No: 2506-0117 (exp. 07/31/2015) General fund recommendations will be considered during the normal budgeting cycle and consider for approval in September 2017. A total of 83.68% of all CDBG and HOME funds have been allocated to low and moderate income activities not including administration. # Project Name 1 City of Denton - Parks and Recreation 2 Community Development Administration 3 DAHC Affordable Housing Opportunity Program 4 Denton City County Day School 5 Denton County Friends of the Family 6 Fairoaks Senior Housing Complex Improvements 7 Habitat for Humanity Housing Project 8 Home Improvement Program 9 Homebuyer Assistance Program 10 Infill New Construction Program 11 Minor Repair Program 12 Salvation Army of Denton 13 Special Programs for Aging Needs Table 9 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City of Denton's CDBG and HOME allocations have not been sufficient to allow for the funding of large or extensive housing, economic development or public works projects. Geographic standards do not apply to city-wide programs such as Minor Repair, Homebuyer Assistance, Home Improvement Program, Infill New Construction Program, Habitat for Humanity and public services programs. The small amount of funds available, and continued reductions for the past several years has limited the use of funds. Public facility and public improvement projects have been completed in residential areas meeting HUD's low to moderate-income standards, generally nearthe city's core. Housing assistance investments, including the Minor Repair, Home Improvement, Infill New Construction Program and Homebuyers Assistance programs are based on a first-come, first-served basis and there are no specific geographic areas. However, the Home Improvement program does set forth some specific guidelines regarding the age of the housing. Regardless of the area income, housing units that were built 20 years ago or less, are not eligible for Home Improvement Program assistance and units that were built 15 years ago or less are not eligible for the Minor Repair Program. These 24 OMB Control No: 2506-0117 (exp. 07/31/2015) requirements support the use of funds in older neighborhoods. All investments in public facilities and/or public improvements are based on requests received from residents of the low to moderate-income block groups and other areas of the city. After a request has been made, City staff will assess the need for the improvement and the project cost. The City staff evaluation will determine which requests are in a"high" needs category, are an appropriate use of CDBG funds, and are projects with costs that can be covered under the CDBG allocation. Denton Affordable Housing Corporation (DAHC), the only certified Community Housing Development Organization (CHDO) currently serving Denton, generally purchases rental units and homebuyer units in low to moderate income areas due to the cost of units in higher income areas. However, in some instances, housing units that have been foreclosed upon in higher income areas may also be purchased. DAHC units are renovated and sold or rented to eligible households. The primary obstacle to addressing underserved needs remains a lack of adequate federal funding. The following are actions planned to address obstacles to meeting underserved needs: • Seek out additional funding sources to support housing and public services activities; • Assist local non-profit organizations in obtaining grants or other funding to support their efforts; • If necessary, act as a"pass through" organization to continue use of State and other funding to support homeless prevention and services for the homeless; • Continue to support existing public (social) services programs through the allocation and administration of City of Denton general fund dollars. • Work with the City's Development Services Department to implement recommendations included in the Denton Plan 2030. 25 OMB Control No: 2506-0117 (exp. 07/31/2015) N �-+ U � �O L a � L � � � � H H � U G1 .O L a � M a Q O � � � i � cB c0 N � L i-� O � v v -� +' � U C � � � C L O � O +' � c�'o � v ,} L1 � � . 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J d M r-I � m ti O N ti m 0 a v ti ti 0 � 0 0 z c 0 U m � O AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Denton's CDBG and HOME allocations have not been sufficient to allow for the funding of large or extensive housing, economic development or public works projects. Geographic standards do not apply to city-wide programs such as Minor Repair, Homebuyer Assistance and public services programs. The small amount of funds available, and continued reductions for the past several years has limited the use of funds. Public facility and public improvement projects have been completed in residential areas meeting HUD's low to moderate-income standards, generally near the city's core. Geographic Distribution Target Area Percentage of Funds Table 11- Geographic Distribution Rationale for the priorities for allocating investments geographically The City of Denton does not currently direct its investments in specific geographic areas. Discussion Housing assistance investments, including the Minor Repair, Home Improvement, Infill New Construction Program, and Homebuyers Assistance programs are based on a first-come, first-served basis and there are no specific geographic areas. However, the Home Improvement program does set forth some specific guidelines regarding the age of the housing. Regardless of the area income, housing units that were built 20 years ago or less, are not eligible for Home Improvement Program assistance and units that were built 15 years ago or less are not eligible for the Minor Repair Program. These requirements support the use of funds in older neighborhoods. All investments in public facilities and/or public improvements are based on requests received from residents of the low to moderate-income block groups and other areas of the city. After a request has been made, City staff will assess the need for the improvement and the project cost. The City staff evaluation will determine which requests are in a"high" needs category, are an appropriate use of CDBG funds, and are projects with costs that can be covered under the CDBG allocation. 35 OMB Control No: 2506-0117 (exp. 07/31/2015) Affordable Housing AP-55 Affordable Housing — 91.220(g) Introduction The City's housing priorities are encouraging homeownership opportunities, maintaining existing affordable housing units and encouraging and maintaining standard affordable rental units for low and moderate income persons. For the 2017-18 program year, these priorities will be addressed through the following activities: rehabilitation of rental properties by the Denton Affordable Housing Corporation, new construction of a single-family units by Habitat for Humanity and City of Denton, rehabilitation or reconstruction of housing units through the Home Improvement Program, minor rehabilitation of housing through the Minor Repair Program, rehabilitation of rental units for Fairoaks Senior Complex, and down payment assistance for homebuyers through the Homebuyer Assistance Program. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless Special-Needs Total Table 12 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Su{ Rental Assistance The Production of New Units Rehab of Existing Units Acquisition of Existing Units Total Table 13 - One Year Goals for Affordable Housing by Support Type Discussion Not applicable. OMB Control No: 2506-0117 (exp. 07/31/2015) 56 41 97 Through 46 2 39 10 97 36 AP-60 Public Housing — 91.220(h) Introduction Not applicable. The City of Denton has no public housing units. Actions planned during the next year to address the needs to public housing Not applicable. The City of Denton has no public housing units. Actions to encourage public housing residents to become more involved in management and participate in homeownership Not applicable. The City of Denton has no public housing units. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable. The City of Denton has no public housing units. Discussion Not applicable. The City of Denton has no public housing units. 37 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction This section describes the activities planned during the 2017/18 program year to address the needs of persons who are homeless and other non-homeless needs. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Understanding that the community must identify and continually engage all sheltered and unsheltered persons who are currently experiencing homelessness including those who are in jeopardy of experiencing chronic homelessness. City of Denton funding partners participate in coordinated efforts to outreach to persons experiencing homelessness. The City of Denton facilitates collaboration among nonprofit partners and Coordinated Entry (CE). Our local CE system is a process through which persons experiencing homelessness are assessed for their housing needs and referred to the most appropriate housing intervention available with the goal to shorten the length of time a person is homeless. Through community CE planning efforts, we have a communication plan being implemented for outreach to the public and engaging all stakeholders to help them better understand the process for outreach and referral into our CE system. To directly reach out to sheltered and unsheltered homeless persons, ESG partner, Giving Hope, Inc's (GH) Outreach Coordinator/Housing Navigator completes weekly street outreach in collaboration with the Denton Police Department, Denton County Veterans Coalition volunteers and other local service providers. The street outreach team provides collaborative case management delivered directly to the unsheltered homeless on the street. All street outreach clients are assessed for needs and intakes are entered into HMIS. When possible, they are also assessed for housing need (CE) through our shared housing assessment, the VI-SPDAT (or F-VI-SPDAT for families). Most often the Street Outreach Coordinator/Housing Navigator is referring to one of the local shelters for emergency housing, to housing assistance providers and to other supportive services based on the clients identified need. Annually, the street outreach lead, GH, produces a Street Outreach Barriers Report that helps identify best practices for reaching out to persons experiencing homelessness on the street and it provides an assessment of their needs. Case Managers at Denton County Friends of the Family (DCFOF) and The Salvation Army Denton, a Georgia Corporation (TSA) are reaching out to clients receiving shelter services. DCFOF's Crisis Line staff and Community Educators reach out daily to persons experiencing homelessness and those at-risk. DCFOF Community Educators and TSA Coordinators lead outreach efforts at community events to educate the community about available services. Through DCFOF's 24 housing crisis hotline and a dedicated Outreach location, family violence and sexual assault survivors experiencing homelessness 38 OMB Control No: 2506-0117 (exp. 07/31/2015) can be referred to emergency shelter, legal advocacy, individual and group professional counseling, education/employment assistance, life skills, childcare, transportation, financial empowerment, food pantry, and support. The primary goal of this program is victim safety and restoration. As a part of the housing crisis response system, shelters utilize CE for all clients in need of housing assistance. Case managers complete the VI-SPDAT (or F-VI-SPDAT for families) and the assessments are entered into HMIS. HMIS assessment places the client on our Housing Priority List (HPL) for a referral to the appropriate provider for a housing solution based on the clients assessed housing needs. We have a workaround that allows our DV provider to complete the same assessment and then provide de- identified information for inclusion on the HPL. To round out the housing crisis response system, housing assistance provider, Giving Hope, Inc.'s (GH) Case Manager completes scheduled visits to both shelters as outreach to help reduce barriers to clients in need of housing assistance. Case managers perform outreach to clients on the HPL when Rapid Re- housing housing assistance is identified. The system is aligned with other non-ESG programs such as GH's PSH and Denton County MHMR's PSH programs that are also pulling people off of the HPL as housing units and funding for housing assistance is available. Housing stability is an important part of the process so Christian Community Action (CCA) and GH's case managers are reaching out to persons at-risk of homelessness. Case Managers are working with persons at-risk of homelessness to provide short-term housing assistance and housing stability supportive programs and services. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Denton addresses the emergency and transitional housing needs of persons experiencing homelessness by directly supporting both types of service delivery through the City's Human Services Grant; Community Development Block Grant (CDBG) funds; acting as lead agency for a collaborative using Emergency Solutions Grant (ESG) Funds awarded through the Texas Department of Housing and Community Affairs (TDHCA) and dedicated human resources. These are examples of how the City coordinates local resources and leverages local tax revenues, state of Texas distributed HUD funds, and federal CDBG funds ensure the emergency shelter and transitional housing needs of homeless persons are assessed. Through the implementation of Coordinated Entry (CE) and data sharing through HMIS reporting, the community completes data analysis of HMIS reporting for all homeless programs including emergency shelter and supportive housing programs. The community also assesses the emergency shelter and transitional housing needs through: performance reporting by direct service providers; the community's annual Point-In-Time Count; and the CE's assessment tool and the Housing Priority List (HPL). The CE assessment tool and HPL provide key data for the community to complete a comprehensive analysis of the homeless system to identify gaps in housing and use data to inform housing, programming and funding decisions. Through direct services provided by Client Intake Coordinator, Case Manager, Program Coordinator, Outreach Coordinator/Housing Navigator, and Crisis Intervention Specialist at partner agencies Christian Community Action (CCA), Denton County Friends of the Family (DCFOF), Giving Hope, Inc (GH), and The 39 OMB Control No: 2506-0117 (exp. 07/31/2015) Salvation Army Denton, A Georgia Corporation (TSA) client housing needs are assessed during each intake and referral. Specifically in each program, under the direction of the Outreach Coordinator/Housing Navigator, all street outreach clients are assessed for needs and intake data are entered into HMIS. Client Intake Coordinators at DCFOF and Case Managers TSA are assessing needs of the shelter clients during intake, CE assessments, and through on-going case management. DCFOF DV victims are assessed through its 24 hour crisis hotline or during an intake at its Outreach Office for immediate safety and housing needs. If a victim is deemed as homeless or at risk of imminent homelessness due to a safety concern as a direct result of family violence or sexual assault, the victim may be screened in to emergency shelter. If a victim is deemed as homeless or at risk of homelessness for reasons other than safety concerns, the victim is given access to a case manager that assists with applying for rapid rehousing and transitional housing programs based on individualized needs of the person and/or family. Supportive housing is specifically designed to transition sheltered and unsheltered homeless to permanent housing. It is another housing strategy where the process includes assessment of needs through case management services. The CCA case manager provides housing stability case management services where assessment is necessary to determine which stability programs are needed. The case manager for GH assesses needs and combines case management, supportive services, referrals, and housing assistance to help individuals and families referred by shelters and those referred by Street Outreach Coordinator/Housing Navigator. The use of emergency shelter and transitional housing is a stop-gap measure until a permeant housing options is available to the client or to provide more intensive housing stability case management to ensure a stable transition to independent living. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Evidenced based practice supports providing housing assistance programs that combine the financial housing assistance, case management, and supportive services to help persons experiencing chronic homelessness, families and children, unaccompanied youth, and/or veterans and their families' transition to permanent housing and independent living. As described in previous sections, the City of Denton and partners like the ESG partnership collaborative are a part of a larger developing community housing crisis response system. Partners coordinate efforts to help persons or households make the transition to permanent housing and independent living. Through the implementation of Coordinated Entry (CE) there is a process through which persons experiencing or at-risk of homelessness are assessed for their housing needs and referred to the most appropriate housing intervention available. The CE assessment tool provides key data for the community to complete a comprehensive analysis of the homeless system to identify gaps and use data to inform housing, programming and funding decisions. 40 OMB Control No: 2506-0117 (exp. 07/31/2015) Through direct services provided by Client Intake Coordinator, Case Manager, Program Coordinator, Outreach Coordinator/Housing Navigator, and Crisis Intervention Specialist at partner agencies Christian Community Action (CCA), Denton County Friends of the Family (DCFOF), Giving Hope, Inc (GH), and The Salvation Army Denton, A Georgia Corporation (TSA) client housing needs are coordinated among partners. The Street Outreach Coordinator/Housing Navigator provides collaborative case management delivered directly to the unsheltered homeless on the street. All street outreach clients are assessed for needs and entered into HMIS. When possible, the unsheltered are also assessed for housing need through our shared housing assessment, the VI-SPDAT (or F-VI-SPDAT for families). Most often Street Outreach Coordinator/Housing Navigator is referring to one of the local shelters, DCFOF and TSA for emergency housing; to housing assistance programs, GH Rapid Re-housing; to PSH programs with GH and Denton County MHMR; and the Denton Housing Authority for voucher assistance; and to other supportive services in the community that ensure housing stability and a swift transition to independent living. Case Mangers at DCFOF and TSA are implementing the CE process which is the assessment of housing vulnerability and housing assistance needed. Case mangers complete the VI-SPDAT (or F-VI-SPDAT for families) and it is entered into HMIS or comparable database. HMIS assessment places the client on our Housing Priority List (HPL) for referral to the appropriate provider for a housing solution based on the clients assessed housing needs. We have a workaround that allows our DV provider to complete the same assessment and then provide de-identified information for the HPL. Because clients have other needs that support housing stability, DCFOF and TSA assists clients with education/employment assistance, life skills, transportation, financial empowerment, and applying for government benefits and support. DCFOF's group programming and individual case management is provided to victims to empower them to make fiscally responsible choices and set achievable goals in creating and maintaining independence. Advocates and counselors are available to assist victims with any barriers they may face including pressing legal and safety needs as well as emotional stability and restoration. Shelters utilize CE for clients in need of housing assistance. To round out the housing crisis response system, housing assistance provider, Giving Hope, Inc.'s (GH) Case Manager utilizes CE to pull people off the Housing Priority List (HPL) in HMIS when Rapid Re- housing housing assistance is identified. The system is aligned with other non-ESG programs such as GH's PSH and Denton County MHMR's PSH programs that are also pulling people off of the HPL as housing units and funding for housing assistance is available. Housing stability is an important part of the process so Christian Community Action (CCA) and GH's case managers are assisting persons at-risk of homelessness. Case Managers are working with persons at-risk of homelessness to provide short-term housing assistance and housing stability supportive programs and services that assist with permanent and independent housing stability. As a compliment to the housing crisis response system, one of the ESG collaborative partners hosts an annual summit as a part of a broader community Landlord Engagement Initiative to increase the 41 OMB Control No: 2506-0117 (exp. 07/31/2015) awareness of landlords about homeless prevention programs and increase the number of landlords willing to lower barriers to housing and accept previously homeless households. As a part of the housing crisis response system, the system itself is designed with specific strategies to shorten the length of time a person or family experiences homeless to move the homeless to housing and to prevent individuals and/or families who were recently homeless from becoming homeless again. The strategy requires targeted coordination of services; quality data collection and analysis; and a process through which persons experiencing or at-risk of homelessness are assessed for their housing needs and referred to the most appropriate housing intervention available as soon as possible. Through City of Denton general funds, Community Development Block Grant (CDBG), and ESG funding, partner agencies receive support to participate in Coordinated Entry (CE) and HMIS reporting (or HMIS comparable database). The data collected provides analysis of the period of time that individuals and families experience homelessness. The CE system is specifically designed to reduce the time that it takes for a person who is homeless to have housing needs identified and referred to the right housing option. Client Intake Coordinator, Case Manager, Program Coordinator, Outreach Coordinator/Housing Navigator, and Crisis Intervention Specialist at partner agencies Christian Community Action (CCA), Denton County Friends of the Family (DCFOF), Giving Hope, Inc. (GH), and The Salvation Army Denton, A Georgia Corporation (TSA) coordinate client housing services to help shorten the time it takes to make the transition to permanent housing and independent living. Through direct services provided by Client Intake Coordinator, Case Manager, Program Coordinator, Outreach Coordinator/Housing Navigator, and Crisis Intervention Specialist at partner agencies Christian Community Action (CCA), Denton County Friends of the Family (DCFOF), Giving Hope, Inc (GH), and The Salvation Army Denton, A Georgia Corporation (TSA) client housing needs are coordinated among partners with the specific outcome that effective coordination reduces the time an individual and/or family experiences homelessness. For example, DCFOF aims to shorten periods of homelessness and prevent future homelessness for domestic violence and sexual assault victims by taking a'safety first' approach. Many DV clients become homeless because homelessness is their only option in order to leave an abusive or dangerous situation. By focusing on safety, legal, and financial needs through our advocacy team as well as emotional stability and education from our counseling team, victims are provided with comprehensive services that help them better understand how to safely start over and rebuild their lives. With safe and healthy choices at the forefront of their decision making, victims are more likely to develop independent successful homes and less likely to return to an abusive situation or enter a new relationship based on power and control. To help prevent individuals and/or families who were recently homeless from becoming homeless again, the Rapid Re-housing (RRH) partner, GH, case manager provides housing stability case management and supportive services combined with the housing assistance. Generally, homeless prevention assistance is three to six-months but RRH can provide extended support for clients who were assessed to need longer support necessary to ensure housing stability. 42 OMB Control No: 2506-0117 (exp. 07/31/2015) Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The most effective tool for assisting low-income individuals and families to avoid becoming homeless is to ensure there are resources to prevent individuals and families at risk from becoming homeless in the first place. Leveraging all funding that supports homelessness prevention provides a framework for a collaboration among all the systems of care ensuring low-income families avoid becoming homeless. These coordinated strategies also work to improve community capacity by seeking to increase funding for homelessness prevention programs including housing stabilization resources; case management; and supportive services needed to help maintain housing. Specifically ESG homeless prevention funds are targeted towards two main populations and groups that include Families and individuals that currently have housing but who are facing eviction or who may be at risk of becoming homeless. Christian Community Action (CCA) and Giving Hope, Inc. (GH) have case managers working with individuals and families identified at-risk in homeless prevention programs. Case managers assess qualification and provide them with temporary rent or utility bill assistance to prevent the individual or family from becoming homeless. The programs also provide a variety of case management and self-sufficiency programs to ensure housing stability. Case management support is maintained through a minimum of monthly counseling in one or more housing stability programs like budget planning, financial management, employment counseling, etc. Case managers are working to ensure the household has stability and can be self-sufficient once assistance ends. Shelters work to avoid discharging clients back into homelessness. Denton County Friends of the Family (DCFOF) and The Salvation Army Denton, a Georgia Corporation (TSA) help low income individuals and families receiving assistance from public and private agencies by coordinating with ESG partners and other government and private programs to extend shelter stays for shelter residents at their maximum stay time while clients work with the aforementioned programs to secure housing, employment, education, and other needs. Often sheltered individuals must wait extra time when requesting rapid rehousing funds or pending property readiness for housing. DCFOF Residential Advocates assist sheltered individuals by helping them prepare extension requests, granted weekly, which are approved by the Shelter Director so that individuals and families avoid returning to homelessness while they work in coordination with Housing Case Managers at partnering agencies. Housing case managers work directly with DCFOF Residential Advocates to understand barriers these families and individuals face by remaining in weekly contact and collaborating on expedited entry into housing assistance. For those who are likely to become homeless after being discharged from a publicly funded institution or system of care, Coordinated Entry (CE) is also recommended. Through community CE planning efforts we have a communication plan for educating the public and engaging all stakeholders to help them better understand the process for engagement and referral into our CE system. Current strategies 43 OMB Control No: 2506-0117 (exp. 07/31/2015) include building working relationships with institutions and systems of care to ensure timely referrals to avoid becoming homeless upon discharge. Discussion In addition to the efforts discussed in previous sections, the City continues to support activities that ensure there are resources to prevent those who are not homeless, but have other special needs, from becoming homeless. Here are a few examples: • CDBG funds support SPAN's congregate and meal delivery programs that help the elderly and frail with food security and self-sufficiency that contribute to housing stability. • City's general fund support of CASA that ensure children aging out of the foster care system have resources and will not exit to homelessness. • ESG funds for street outreach programs for Giving Hope, Inc. provide outreach to the chronically homeless on the street. This program includes HIV testing to help identify those who are at risk and prioritize them for other permanent housing assistance programs. • City's general funds support of Denton County MHMR helps provide support to residential housing programs for persons with disabilities. • City's general funds support of Retired Senior Volunteer Program helps provide support to seniors. 44 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-75 Barriers to affordable housing — 91.220(j) Introduction This section describes the City's plan to address barriers in affordable housing identified in the 2015 Analysis of Impediments to Fair Housing Choice (AI). Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City of Denton's Analysis of Impediment to Fair Housing does not indicate that the current public policies create barriers to affordable housing. The following is an explanation of Denton's policies: 1. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulation 2. The zoning regulations contain 10 districts that allow single-family dwellings. Mixed-use structures are encouraged in some districts allowing the development of retail or office on lower floors with multi-family residential above. Denton's comprehensive plan, Denton Plan 2030, and formerly The Denton Plan, will continue to guide the regulatory framework to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. 3. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. 4. Lots of record which may not meet current area requirements are "grandfathered" in some circumstances. 5. The City of Denton building code requirements are reviewed by the Health and Building Standards Commission. This commission is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. 6. The number of affordable housing units in the City of Denton as compared to other communities in Denton County indicates that current development policies do not hinder the development of a variety of housing units, including affordable units. Discussion The City of Denton Community Development staff is currently participating in a DFW Regional Assessment of Fair Housing. Denton and several other communities, including Dallas, Plano, McKinney, Garland, Frisco, and others are working to determine areas of need and activities that can assist communities in promoting fair housing throughout the DFW metroplex. 45 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-85 Other Actions — 91.220(k) Introduction This section reports additional effects the City will undertake during the 2017-18 program year to address residents' housing and community development needs. Actions planned to address obstacles to meeting underserved needs • Seek out additional funding sources to support housing and public services activities; • Assist local non-profit organizations in obtaining grants or other funding to support their efforts; • If necessary, act as a"pass through" organization to continue use of State and other funding to support homeless prevention and services for the homeless; • Continue to support existing public (social) services programs through the allocation and administration of City of Denton general fund dollars. • Work with the City's Development Services Department to implement recommendations included in the Denton Plan 2030. Actions planned to foster and maintain affordable housing • Continue to provide down payment, closing cost, and principal reduction assistance to low and moderate-income homebuyers through the Homebuyer Assistance Program; • Fund new affordable housing development through Habitat for Humanity of Denton County; • Continue to fund the City's Home Improvement and Minor Repair programs to assist low and moderate income homeowners with repairs to their homes to meet their needs for safe and decent housing; • Continue to support the Denton Affordable Housing Corporation's (DAHC) efforts to increase the number of affordable housing units including their Affordable Housing Opportunity and Rental Rehabilitation programs; • Work with the Denton Housing Authority to support the development of additional affordable housing and obtain additional housing vouchers if available. • Work with the City's Development Services Department to implement recommendations included in the Denton Plan 2030. Actions planned to reduce lead-based paint hazards During the 2017-2018 program year, Denton plans to reduce lead-based hazards in Denton by ensuring that all lead-based regulations are met throughout any housing rehabilitation construction activity performed on homes built prior to 1978 including the Minor Repair Program, Home Improvement Program, Homebuyer Assistance Program, and DAHC's Rental Rehabilitation. Denton will also seek opportunities to educate the public, housing services customers, and contractors regarding the hazards 46 OMB Control No: 2506-0117 (exp. 07/31/2015) of lead-based paint. Actions planned to reduce the number of poverty-level families The City of Denton will continue to work with local non-profit organizations to administer programs designed to support lower income individuals and families. These programs will assist households in improving their financial status. Programs include: 1) free and/or low cost health care; 2) affordable child care; 3) mental health care services; 4) support for elderly households and others; develop housing initiatives to support veterans. The following are Denton's current efforts supporting the Consolidated Plan goal of low and moderate income persons having the opportunity to earn higher wages. • The City of Denton Economic Development staff participates with regional municipalities and the local Texas Workforce Commission Board in the North Central Texas Regional Economic Development Steering Committee for the purpose of addressing existing and future workforce skills needs of our respective and regional employers. The Committee is a participant in Texas Workforce Commission's High Demand Job Training Program that identifies and develops the skill sets of individuals forjobs in high-demand occupations in our respective region and cities. • Denton's Economic Development Partnership Board adopted a Strategic Plan that provides a means to address Denton's key workforce needs. • Denton ISD's Career and Technology Advisory Board industry partners provide curriculum expertise and internship opportunities to students enrolled in the district's 31 career skills and certification training programs covering 11 career fields. Dual high-school/college credit classes are offered to high school juniors and seniors. • North Central Texas College (NCTC) has developed certifications and associate degree programs for specific industry partners, such as the Petroleum Technology Certification and Associate Degree options. NCTC is a partner to businesses utilizing Skills Training grant funds. Actions planned to develop institutional structure The two institutional gaps stated in the 2015-2019 Consolidated Plan included the provision of homebuyer education classes for low and moderate-income new homebuyers and supportive housing. To meet the provision homebuyer education during the 2017-18 program year, Denton is investigating partnerships with HUD-approved Housing Counseling Agencies and Denton Affordable Housing Corporation to develop a more comprehensive educational program. Currently HUD-approved Housing Counseling Agencies are in the process of complying with the new Housing Counseling Certification Requirements. Agencies will have 36 months from the new rule to comply with the new regulations. As discussed in SP-40 the City will support a community organized collective Impact initiative with its funding partner the United Way of Denton County. In addition, the City will support collaborative 47 OMB Control No: 2506-0117 (exp. 07/31/2015) efforts of the Denton County Homeless Coalition (DCHC) and other service sector programs to ensure the community is organized to advocate; coordinate service delivery; improve effective use of available resources and provide leadership for long-term planning efforts among various homeless providers, homeless advocates and across multiple sectors. Strategies to move the homeless to housing and to shorten the length of time a person or family experiences homeless involve: • Supporting a coordinated access network to significantly reduce the time it takes for a person who is homeless to identify and access the right services needed. • Improving community capacity by seeking to increase local resources for housing programs including housing location and stabilization resources; case management; and supportive services. • Facilitating coordination of case management and supportive services to help the homeless have access to the services necessary to secure housing and maintain housing stability. • Increasing supportive housing options for those with prioritized special needs Actions planned to enhance coordination between public and private housing and social service agencies The City of Denton has a very strong network of service providers including those providing housing, education, health care and other needed services. Over the past four years, the United Way of Denton County, the City of Denton, the Denton Independent School District and other organizations have joined together to review and discuss the provision of services in the Denton area in an attempt to maximize the benefits derived from available resources. Below is a list of the committees that have been developed to assist in improving the coordination of services: • Denton County Homeless Coalition • Homeless Leadership Tea, collective impact project • Behavioral Health Leadership Team, a collective impact project • Community Health Council • Denton Hunger Coalition • Early Childhood Coalition serving the North Texas Region • United Way's Community Needs Assessment Committee City of Denton Community Development (CD) staff inembers will continue to participate in the above committees during the 2017-18 program year. The City is part of a strong team of service providers who are working to improve services for the low income community. In addition, the Mayor of Denton convened a Task Force in 2015 supported by Community development 48 OMB Control No: 2506-0117 (exp. 07/31/2015) (CD) staff to look at the issue of homelessness. Three priorities were identified by the task force. 1. Funding — Increase in Available Resources 2. Housing — Coordinated, Accessible, and Affordable 3. System Design —to establish a network of Community Collaboration Nested in the ideas for program and housing interventions for the homeless was stronger community collaboration around shared community goals to end homelessness; better data collection and sharing; involvement of a wider audience of stakeholders; and more intentional effort to help educate and inform the community about solutions to homelessness and community impact efforts. Ultimately, the priorities that the task force recommended to City Council for their support and consideration were to seek funding to seed new collaborative projects. The task force recommends have resulted in a public private partnership between the City of Denton and the United Way of Denton County to fund a coordinator position to oversee a collective impact project that will develop and implement community-wide coordinated strategies toward the shared goal of ending homelessness. Discussion Not Applicable 49 OMB Control No: 2506-0117 (exp. 07/31/2015) Program Specific Requirements AP-90 Program Specific Requirements — 91.220(I)(1,2,4) Introduction This section will describe activities planned with respect to all CDBG funds expected to be available during the program year (including program income that will have been received before the start of the next program year). Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed; 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan; 0 3. The amount of surplus funds from urban renewal settlements; 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan; 5. The amount of income from float-funded activities. Total Program Income: Other CDBG Requirements 1. The amount of urgent need activities 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. — 2017 program year OMB Control No: 2506-0117 (exp. 07/31/2015) 0 0 0 [�7 80.77 % 50 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(I)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City of Denton does not utilize other forms of investment beyond those identified in 92.205(b). The City will not permit other forms of investment without the prior approval of HUD. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: Recapture Policv The City of Denton utilizes HOME funds to provide assistance to first-time homebuyers with closing costs, down payment, prepaids and principal reduction through the City's Homebuyer Assistance Program. The maximum HOME subsidy for both programs will be $14,900. The HOME subsidy sets up a 5-year recapture period and provided as a deferred forgivable loan at a 0% interest rate. Denton utilizes recapture as required by 24 CFR 92.254(a). Recapture occurs when the homebuyer sells the property during the affordability period, or when the recipient of HOME funds defaults by leasing the property, fails to maintain the property as a primary residence, the property is foreclosed on by any lender, or when the recipient violates the covenants contained in the Written Agreement between the homebuyer and the City of Denton or DAHC. The terms of recapture are contained in the Written Agreement. Homebuyers that receive direct down payment, closing cost, principal buydown assistance and/or a reduction of the sales price to below the market value to make the unit(s) affordable, will meet the affordability period if they remain in the home for the full required period of affordability as determined by the amount of the assistance received (five to fifteen years). The actual required period of affordability will be based on the total amount of the direct HOME assistance provided as noted below. The effective date of the beginning of the required period of affordability is the date all completion data is entered into IDIS and as documented by a fully executed Closing Disclosure, a copy of which has been placed in each individual homebuyer's file. Under "Recapture", if the home is sold prior to the end of the required affordability period a portion of the net sales proceeds from the sale, if any, will be returned to be used for other HOME-eligible activities. The portion of the net sales proceeds that is returned is equal to the amount of HOME funds invested in the property less the amount for each full month that the residence was occupied by the homebuyer or property owner as his/her/their principal residence. Any funds remaining after the distribution of the net sales proceeds to all lien holders, including the City of Denton, will be returned to the homeowner. In the event of a sale, short sale or foreclosure, the amount recaptured will be limited to the amount of'net sales proceeds' available at the time of such occurrence. If there are insufficient funds remaining from the sale of the property and the City recaptures less than or none of the recapture amount due, and maintain data in each individual file that provides the amount of the sale and the distribution of the funds. This will document that there were no net sales proceeds; or the amount of the net sales proceeds was insufficient to cover the full amount due; and that no proceeds were distributed to the homeowner. 51 OMB Control No: 2506-0117 (exp. 07/31/2015) Other than the actual sale of the property, if the homebuyer breaches the terms and conditions for any other reason, e.g. no longer occupies the property as his/her/their principal residence, the full amount of the subsidy is immediately due and payable. Denton must immediately repay its HOME Treasury Account, from non-federal funds, for the full amount of the assistance provided whether or not it can recoup any or all of the funds from the homebuyer. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Homebuyer Assistance Program: Federal assistance will be provided in the form of a 0% interest, deferred payment loan and will be secured by a HOME Written Agreement, Promissory Note and a Deed of Trust, fully executed and dated by all applicable parties. The Deed of Trust is recorded in the Real Property Records of Denton County. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City of Denton does not currently use of HOME funds to refinance existing debt secured by multi-family housing that is being rehabilitated with HOME funds. Discussion Under the HOME program, eligible applicants must have household income at or below 80% of the AMI and meet program guidelines to be eligible. Funding is available on a first-come first-serve basis and funding is available. Applications for program assistance are available at the Community Development (CD) Office. Under the Home Improvement Program, interested applicants complete a preliminary waiting list application and as funds are available, CD Staff will submit a letter requesting that if still interested an appointment can be made to assist with the application. Under the Homebuyer Assistance Program, interested applicants apply for a mortgage company and if eligible for a mortgage loan, the mortgage company submits application to the Community Development Division. CD staff schedule an appointment with applicant to review application and guidelines. Information on the programs is available on the City of Denton's website. The budget process for Denton's community development programs begins almost one year in advance of the fiscal year. HUD notifies the City as to the level of funding expected, the public participating process begins, applications are solicited locally and received by the Community Development Staff, the Community Development Advisory (CDAC) and the Human Services Advisory (HSAC) Committees. Recommendations are then formulated and presented to the Mayor and the City Council. The final step is the submittal of the City's formal applications to HUD for the funds allocated to Denton. The City's application is called the Action Plan. The City of Denton's fiscal year runs from August 1 to July 31. For example, Fiscal Year 2010 will begin August 1, 2010 and will run through July 31, 2011. 52 OMB Control No: 2506-0117 (exp. 07/31/2015) Any nonprofit or for-profit groups, especially those serving the community development needs of low and moderate income people, the disabled, minorities or the elderly are encouraged to participate in the implementation of Denton's Community Development programs. Interested groups are encouraged to attend public hearings. (vi) The participating jurisdiction may limit the beneficiaries or give preferences to a particular segment of the low-income population only if described in the action plan. 53 OMB Control No: 2506-0117 (exp. 07/31/2015) 2017-2018 GRANT PROGRAM SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND UNITED WAY OF DENTON COUNTY This Agreement is hereby entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, hereinafter referred to as "CITY," and United Way of Denton County 1314 Teasley Ln, Denton, TX 76205, a Texas non-profit corporation, hereinafter referred to as "SUBRECIPIENT." WHEREAS, CITY'S Human Services Advisory Committee ("HSAC") has reviewed the proposal for services and has determined that SUBRECIPIENT performs an important service for the residents of Denton without regard to race, religion, color, age, or national origin, and HSAC recommends the purchase of services; and WHEREAS, CITY has determined that the proposal for services merits assistance and can provide needed services to citizens of CITY; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds; and WHEREAS, CITY has designated the Community Development Division as the division responsible for the admin- istration of this Agreement and all matters pertaining thereto; NOW, THCR�FORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM This Agreement shall commence on or as of O��t��.�� i, �t��l 1, and shall terminate on ��,��l�t��kr���� ���, �,(�_'I,.,�, unless sooner terminated in accordance with Section 25 "Termination." 2. RESPONSIBILITIE5 SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described in the Scope of Services attached hereto as Bxhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT's exec- utive offcer to be SUBRECIPIENT's representative responsible for the management of all contractual matters per- taining hereto, unless written notification to the contrary is received from SUBRECIPIENT and approved by CITY. The CITY's Community Development Administrator will be CITY's representative responsible for the administra- tion of this Agreement. Beneficiaries of the activities to be provided hereunder must reside in the City of Denton and SUBRECIPIENT certifies that the activities carried out with these funds shall meet the objective of benefit to low and moderate-income persons. SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80% of the median income of the Dallas standard metropolitan statistical area. To accomplish this, the SUBRECIPIENT shall use the current applicable income limits published by the U.S. Department of Housing and Urban Development ("HCJD") for lower income housing assistance under Section 8 of the United States Housing Act of 1937, herein attached as Exhibit C. Incorne eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services must be provided directly to or on behalf of specific identifed eligible Page 1 of 19 clients. Eligibility documentation must be included in each client's file and updated at least once during the contract period. 3. OBLIGATIONS In consideration of the services provided by the SUBRECIPIENT, CITY agrees to the following terms and condi- tions: A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and in accordance with the Project Budget attached hereto as Exhibit B and the Scope of Services herein attached as Exhibit A and 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 Eighteen Thousand Dol- lars Dollars - $18,000.00. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by SUBRECIPIENT and receipt of a requisition for payment with appropriate documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit B, subject to the limitations and provi- sions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENT'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. C. The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate funds to meet CITY's liabilities under this Agreement. If adeyuate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a rea- sonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section 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 SUBRECIPIENT under this Agreement. 1. It is expressly understood that this Agreement in no way obligates the CITY to provide more funds then the amount shown in subsection A above. D. 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 specifed 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 SUBRECIPIENT, 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 Project Budget. E. CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. F. CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or services. In consideration of the receipt of funds from the CITY, the SUBRECIPIENT agrees to the following terms and conditions: A. Eighteen Thousand Dollars -$18,000.00 may be paid to SUBRECIPIENT by CITY, and the only expendi- tures reimbursed from these funds shall be those in accordance with the Project Budget, in Exhibit B, for Page 2 of 19 those expenses listed in the Scope of Services as provided herein. SUBRECIPIENT shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the fnancial status of the program. The system will be based on generally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. C. It will permit authorized offcials of CITY to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's Community Devel- opment Offce along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber CITY funds for a period that would extend beyond the term of this Agreement. F. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to CITY's Community Development Division for further direction. G. It will appoint a representative who will be available to meet with CITY officials when requested. H. It will indemnify and hold harmless CITY, its offcers, and employees, from any and all claims and suits arising out of the activities of SUBRECIPIENT, its employees, and/or contractors. I. It will submit to CITY copies of year-end audited financial statements. 4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS A. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of the City of Denton. B. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the Office of Man- agement, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. SUBRECIPIENT shall give the CITY, the Comptroller General of the United States, the Auditor of the State of Texas, and any authorized representative, access to and the right to reproduce all records belonging to or in use by SUBRECIPIENT pertaining to this Agreement. Such access shall continue as long as SUBRECIPIENT re- tains the records. SUBRECIPIENT shall maintain such records in an accessible location. D. SUBRECIPIENT shall refrain from entering into any subcontract for services without prior approval in writing by CITY of the qualifications of the subcontractor to perform and meet the standards of this Agreement. All subcontracts entered into by the SUBRECIPIENT will be subject to the requirements of this Agreement. The SUBRECIPIENT agrees to be responsible to CITY for the performance of any subcontractor. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate, and offcial motion, resolution, or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT, do hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT 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 SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. Page 3 of 19 D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under the terms of this Agree- ment will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, SUBRECIPIENT had this Agreement not been executed. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and services set out in the SCOPE OF SERVICES, in Exhibit A, utilizing the funds described in E�chibit B, deemed by both parties to be nec- essary 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 altera- tions may be made in the Scope of Services or Budget without the prior written approval of the CITY's Community Development Administrator. 7. PAYMENTS A. Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPIENT a maximum amount of money not to exceed Eighteen Thousand Dollars -$18,000.00 for services rendered under this Agreement. The CITY will pay these funds on a reimbursement basis to SUBRECIPIENT within ffteen days after CITY has received supporting documentation of eligible expenditures. Documentation of expenditures must be submitted to the Community Development Division by dates required by Community Development. SUBRECIPIENT'S failure to provide the information on a timely basis may jeopardize present or future funding. B. 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. C. SUBRECIPIENT's reimbursement request for any one month period will not exceed one-sixth (1/6) of any budg- eted line items for costs as specified in Exhibit B without prior written authorization from the CITY. D. Excess Payment. SUBRECIPIENT 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 SUBRECIPIENT; 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. E. 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 or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. F. Reversion of Assets. 1. SUBRECIPIENT, 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. G. Obligation of Funds. 1. In the event that actual expenditure rates deviate from SUBRECIPIENT's provision of a corresponding level of performance, as specifed in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. 2. If CITY finds that SUBRECIPIENT 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 Page4of19 SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to SUBRECIPIENT to revert these financial assets. H. Contract Close Out. SUBRECIPIENT shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period. SUBRECIPIENT shall utilize the form agreed upon by CITY and SUBRECIPIENT. 8. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accu- rate, and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the fnancial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against the SUBRECIPIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the �nancial statements furnished by SUBRECIPIENT to CITY. G. 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 remain unliquidated, SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT 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 claims for money due or to become due. 3. Sell, convey, or lease all or a substantial part of its assets. 4. Make any advance or loan to, or incur any liability for any other firm, person, entity, or corporation as guar- antor, surety, or accommodation endorser. 5. Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. Page 5 of 19 10. ALLOWASLE COSTS A. Costs shall be considered allowable only if incurred directly and specifcally in the performance of and in com- pliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. Approval of SUBRECIPIENT's Budget, Exhibit B, does not constitute prior written approval, even though cer- tain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: 1. Encumbrances or expenditures during any one month period which exceeds one-sixth (1/6) ofthe total budget as specified in Exhibit B; 2. CITY shall not be obligated to any third parties, including any subcontractors of SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement; 3. Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are con- ducted; 4. Any alterations, deletions, or additions to the Project Budget Detail incorporated in Exhibit B; 5. Costs or fees for temporary employees or services; 6. Any fees or payments for consultant services; and 7. Fees for attending out of town meetings, seminars, or conferences. Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commence- ment 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. C. Expenditures will not be reimbursed to the SUBRECIPIENT for the purchase of real property or equipment. These are not allowable costs under this agreement. 11. PROGRAM INCOME A. For purposes of this Agreement, Program Income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT's management of funding provided or received hereun- der. 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 SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT 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 SUBRECIPIENT agree that any fees collected for services performed by SUBRECIPIENT 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 CFR, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its subcontracts which involve other income- producing services or activities. D. It is SUBRECIPIENT'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. Page 6 of 19 SUBRECIPIENT 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, 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT 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 fnancial management. SUBRECIPIENT's expenditures of funds made under this Agreement will conform to (2 CFR §200) Uniform Administrative Requirements Cost Principles, and Audit Reyuirements for Federal Awards as they pertain to costs incurred, audits, Program Income, administration, and other activities and functions. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justifcation for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures per- taining to the operation of programs and expenditures of funds under this Agreement for five years. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records which clearly reflect the level and beneft of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available to CITY or any of its authorized representatives, all of SUBRECIPIENT' S records and shall permit CITY or any of its 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 of employment, and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data, and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit beneficiary and financial reports to CITY no less than once every three months. The beneficiary report shall detail client information, including race, ethnicity, income, female head of household, and other statistics re- quired by CITY. The financial report shall include information and data relative to all programmatic and fnancial reporting as of the beginning date specified in Section 1 of this Agreement. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit conducted by independent examiners in accordance with Gener- ally Accepted Accounting Principles. If the SUBRECIPIENT expends more than $750,000 in federal funding, the audit must be conducted in accordance with OMB 2 CFR Part 200, as applicable within thirty days after receipt of such audit. 14. MONITORING & EVALUATION SUBRECIPIENT agrees to participate in a monitoring and evaluation system whereby the services can be continu- ously monitored. CITY shall perform monitoring of the SUBRECIPIENT's performances under this Agreement. A. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by SUBRECIPIENT to the Scope of Services, Program Goals, and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. B. SUBRECIPIENT agrees to cooperate fully with CITY and provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. Page 7 of 19 C. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. D. SUBRECIPIENT agrees to make available its financial records for review by CITY at CITY's discretion. In addition, SUBRECIPIENT agrees to provide CITY the following data and reports, or copies thereof: 1. All external or internal evaluation reports; 2. Performance/benefciary reports to be submitted in the schedule published by the CITY's Community De- velopment Division. Reports shall include such information as requested by the CITY's Community Devel- opment Division including but not limited to: number of persons or households assisted, race, gender, disa- bility status, and household income. Beneficiary reports shall be due to CITY within 15 working days after the completion of required reporting period. SUBRECIPIENT 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. E. To comply with this section, SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agree- ment. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justifcation for each expenditure. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agree- ment for the period of time and under the conditions specified by the CITY. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. F. After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT with a written report of moni- toring findings, documenting fndings, and concerns that will require a written response to the CITY. An ac- ceptable response must be received by the CITY within 60 days from the SUBRECIPIENT's receipt of the mon- itoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT's failure to submit a response within 60 days. G. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the SUBRECIPIENT's funding or regulatory bodies to CITY within ten working days of receipt by the SUBRECIPIENT. 15. DIRECTORS' MEETINGS During the term of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereo£ 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. SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of SUBRECIPIENT's governing body shall be available to CITY within ten days after Board approval. 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. Page 8 of 19 B. 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" cover- age, with CITY named as an additional insured. Upon request of SUBRECIPIENT, CITY may, at its sole discre- tion, approve alternate insurance coverage arrangements. C. SUBRECIPIENT 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. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by SUBRECIPIENT. All employees of SUBRECIPIENT 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 SUBRECIPIENT's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of SUBRECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be notified in writing of any cancellation or change in the policy at least 30 days prior to such change or cancellation. 17. CIVIL RIGHT5 / EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or re- cruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Amer- icans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state, and Federal rules and regulations. D. In the event of SUBRECIPIENT's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privi- leges, and travel; and B. Be in writing and shall be approved by the governing body of SUBRECIPIENT and by CITY. Page 9 of 19 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be per- formed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, subcontractors, or employ- ees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others, particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corpo- ration, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT 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 SUBRECIPIENT, or is a member of SUBRECIPIENT'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 A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the SUBRECIPIENT 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. B. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administra- tion of the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nep- otism activities. C, The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agree- ment 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 SUBRECIPIENT connected with any activity that is funded in whole or in part by funds pro- vided to SUBRECIPIENT under this Agreement may not under the term of this Agreement: 1. Use their offcial 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. 22. PUBLICITY A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating infor- mation prepared or distributed by or for SUBRECIPIENT, the advertising medium shall state that the 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 specifcally 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 Page 10 of 19 when the material is in a verbatim or extensive paraphrase format. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposals, or contracts and any responses, inquiries, correspondence and related material submitted by SUBRECIPIENT shall become the property of CITY upon receipt. 23. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obli- gation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information, whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specifed by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes to the Agreement, which may include an increase or decrease in the amount of SUBRECIPIENT's compensation. Such changes shall be incor- porated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Agreement Budget Detail incorporated in E�chibit B shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work perfoirned under this Agreement at least 30 calendar days in advance of the change. H. SUBRECIPIENT 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 contracted hereunder nor the transfer of funds between or among said programs will be permitted. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform each of the requirements, time conditions, and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or defi- ciency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated. Page 11 of 19 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not spe- cifically enumerated in this paragraph: 1. SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension as provided in Section 24. 2. SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement. 3. SUBRECIPIENT's violation of covenants, agreements, or guarantees of this Agreement. 4. Termination or reduction of funding by the CITY or HUD. 5. Finding by CITY that the SUBRECIPIENT: 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 SUBRECIPIENT's property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against SUBRECIPIENT. 7. SUBRECIPIENT'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. SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. B. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination may be made to other funding source specified in Ex- hibit B. C. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for con- venience, SUBRECIPIENT 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 SUBRECIPIENT cov- ered by the Agreement, less payments previously made. D. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT 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 SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's organization not occasioned by a breach of this Agreement. E. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw, or otherwise terminate any out- standing orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT'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. F. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. Page 12 of 19 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 SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within two 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), frm, corpo- ration, 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. 27. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent contractor and that as such, SUBRECIPIENT 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 account 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 SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY, its agents, em- ployees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and imple- mentation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contrac- tors. 28. NON-RELIGIOUS ACTIVITIES A. As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in activities supported by CITY funding, including programs that make funds available through contracts, grants, or cooperative agree- ments. SUBRECIPIENT is prohibited from discriminating against beneficiaries in providing services or carrying out activities with such assistance based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice, while also noting that organizations that participate in programs only funded by indirect CITY or Federal financial assistance need not modify their program or activities to accommodate beneficiaries who choose to expend the indirect aid on those SUBRECIPIENTS' programs. B. Faith based organizations that carry out programs or activities with direct Federal fnancial assistance are required to provide written notice of certain protections to beneficiaries and prospective beneficiaries. Specifically, such organizations are required to give notice to beneficiaries that: 1. The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; 2. The organization may not require a benefciary to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by the beneficiary in such activities must be purely voluntary; 3. The organization must separate, in time or location, any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; 4. If a beneficiary objects to the religious character of the organization, the organization must undertake rea- sonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no such objection; and 5. A beneficiary or prospective beneficiary may report an organization's violation ofthese protections, including any denials of services or benefts by an organization, by contacting or filing a written complaint to HLJD or the intermediary administering the program, if applicable. Page13of19 C. Faith-based organizations must provide this notice to prospective beneficiaries prior to enrollment. In the event of an emergency or exigent circumstances that make it impracticable to provide the written notice in advance, pro- spective beneficiaries may receive the notice at the earliest available opportunity. Current benefciaries must re- ceive the notice at the earliest available opportunity. D. Faith-based organizations that carry out a program or activity with direct Federal financial assistance from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective beneficiary objects to the religious character ofthe organization, and to refer the benefciary or prospective bene- ficiary to an alternative provider to which the beneficiary or prospective beneficiary has no such objection. � 29. MISCELLANEOUS A. SUBRECIPIENT 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 remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. 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 SUBRECIPIENT shall become the property of CITY upon receipt. D. Debarment: SUBRECIPIENT certifes 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 pro- grams under Executive Order 12549 and 24 CFR Part 24. E. In no event shall any payment to SUBRECIPIENT 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 SUBRECIPIENT. 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 provision. F. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, asser- tion, 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, rec- orded as an amendment of this Agreement. G. 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 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) for matters of compliance, will have the final authority to render or to secure an interpretation. H. If SUBRECIPIENT provides services to the homeless it is required to report homeless data to the Homeless Management Information System (HMIS). I. For purposes of this Agreement, all offcial communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: Page 14 of 19 TO CITY: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 w/ a copy to: Trey Lansford, Deputy City Attorney 215 E. McKinney Denton, TX 76201 TO SUBRECIPIENT: United Way of Denton County Attn: Executive Director/CEO/Commander 1314 Teasley Ln Denton, TX 76205 This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas. ��� M y � � ��y�W� ' ignatures and enter into this Agreement has been exe- IN WITNESS C����� V�v" i CC�.1 i the a��� t r�� c�+� hereb affix their s cuted on this t����� da ��� �� � w_,, 2018,. CITY OF DENTON: �� °�� �f /' � � w � w,���� ��� BY � ,.,_ �'� � � � �� ,.. �„ ... ..m TODD HILEMAN, CITY MANAGER ATTEST: 8 BY� �'„��� � , ..�,� �,� ���� � ���; .� ���.. .. � . � �—.._,.��.�..,� ���_��........m ������"i:.:1. WALTERS, ( i"�l�"'� a�; �:�"fw1?��°ARY �,. APPROVED �°� TO LEGAL l���T��;: r � �` �,�, � BY, �� �° �p � - .�::� �...�`�"�� � Y_���� .w��� ,�,�w;��'�� LEAL, � CITY ATTORNEY TITLE. �"���:C�' Dl"+�1�'T"?�wi�f COUNTY: ATTEST: �,; � '"� m����� � " / I�,� `�'",� � i BY; ��: �� - ���� � Gi. .._� ..�... �. � �.� SECRETARY Page 15 of 19 Exhibit A �;�� �aW c�G �c���woia.��, The Scope of Services under this Agreement shall be as follows: SECTION I — SERVICE GOAL SUBRECIPIENT assists the City of Denton to improve the availability and accessibility of services that promote strong, supportive relationships for families, neighborhoods, and communities and a suitable living environment, as outlined in the 2015-2019 City of Denton Consolidated Plan for the use of Community Development Block Grant funds and supports a coordinated effort to maximize community resources. SUBRECIPIENT shall provide: Homeless Management Information System (HMIS) Coordination. Facilitate coor- dination the HMIS and Coordinated Entry (CE) system in Denton County that is required for those receiving funds to help the homeless. This includes providing technical support for the agencies that are using the system, ensuring the highest standards of data quality are met and collaborating with the community on all data efforts ensuring max- imum participation in HMIS and CE. The program is located at: 1314 Teasley Ln Denton, TX 76205 and onsite at various locations. The program will operate during the hours of Monday to Friday from 8:00 a.m.-5:00 p.m. and other times as need to support local agencies. SECTION II — OUTCOMES Tracking outcome measures will be a tool by which the CITY and the ��..J��1�i w�"�PS1��'�f. can measure services deliv- ered and performance under this agreement. �C;i��=31�T^,.�.°,;�„�'1,9+�,1�'�" provides benefits to the citizens of the city of Denton through these outcomes: tl��� • HMIS Data Quality Improvement (Program Specific Universal Data Quality Reports in HMIS; Real-Time Data Entry; Consistent Program Enrollments and Exits; Increased Current Client Assessments in all HMIS Programs) (Approx. 40%). • Number of Participating Agencies & Licenses in HMIS (Approx. 20%). • CE Process Improvements (# of Front Door Agencies; # of People Housed; Process Improvements at Emer- gency Shelters; Increased Communication between Emergency Shelters and Housing Providers) (Approx. 30%). SECTION III — U�w1� �` C�%� �T�;�'"�'1 � �±�� A unit of service will be the tool by which the CITY and the SUBRECIPIENT can measure services and performance under this agreement. The total number of units of service required constitutes the performance target for the SUBRECIPIENT under this Agreement. A unit of service shall be defined as services provided to an eligible low to moderate-income person or other presumed benefit category as defined, who is a resident of the city of Denton. Total Number of Unduplicated Clients: 15 Total Number of Unduplicated Clients COD: 10 Service Unit: Unit of Service 1: Licenses Total Clients: 15 Number of Units of Service per Client: 1-2 licenses on average per agency Page 16 of 19 Total Units Delivered: 40 Total Cost per Unit: $350.00 per licenses Servfce Unit: Unit af Service 2: 1 FTE HMIS/CE Training and Data Support Total Clients: 15 Number of Units af Service per Client: 50 hours Total Units Delivered: 2080 Tatal Cast per Unit: $17.30 per hour Exhibit B � �;N� SUBRECIPIENT shall provide the services listed in this Agreement within the monetary limits attached hereto and incorporated by reference herein. In no event shall compensation to the SUBRECIPIENT exceed the lesser of the SUBRECIPIENT's costs attributable to the work performed as stated herein, or sum of Eighteen Thousand Dollars Dollars - $18,000.00 SUBRECIPIENT will be reimbursed for financial assistance provlded to mcome eiig�eie ciienis resiaing in the City of Denton. SUBRECIPIENT will submit monthly reimbursement requests for financial assistance. Reimbursement requests must include (list items/backup required with Request for Payment) All Agencies: 1. Cost Allocation Plan prior to their first Request for Reimbursement. 2. Client List, numbered with unique identifier (at least quarterly). 3. Other documentation may be requested to support any cost allocation reimbursements. For Agencies Seeking Salary reimbursements: 1. City of Denton HUD Timesheet (or comparable) signed by staff inember and supervisor. 2. Copy of Paystub with payroll detail. Payroll register accepted if provided by third party vendor. 3. City of Denton Ledger Sheet. For Agencies seeking cost reimbursement for purchase Goods or Services: 1. Receipt 2. Proof of payment (copy of check with check number) Page 18 of 19 Exhibit C U.S. Den�w�l�r�c����� �� HQ�sin� and Urban D����v����� ���ra����i (HUDI Income Limits Qualifying Income Limits for Federally Assisted Programs FY 2017 Income Limits Summary Dallas, TX HUD Metro FMR Area Median Household Income: $73,400 (Household of 4) ...Household ........... Low . Very Low .....� .... e._.—..__.�.� � .. �....�.. Extremely Low (30%) (80 %) (50 %) � ........ . .... $a1,loo.00 .,. .� .m $25,700.,._—__ ... .....�......��. .00 $15,400.00 ; .. ...__�. . �_...__ ... ...� �.......�..... .., ....m�..... _u.. ..m� 2 $47,000.00 $29,400.00 $17,600.00 _.. ,.....�_� ..�... _.�....�� �._...._ ���� .....�. 3 $52,850.00 $33,050.00 $19,800.00 �.�.�mm.� �. _ �...w.�� �.�.,.,.,—�—..._......_.�.. m. ��� � ��...., � ._ �. �_.. ...� _.. 4 $58,700.00 �36,700.00 $22,000.00 �� ..... ..en,..._._ ......m..... ..... 400.00 ���.......... nm,.�.. ....�.._ .....,.... 5 $63, $39,650.00 $23,800.00 � � ������,�����6�� $68,100.00 $42,600.00 � ....._....�.,� ......... _. $25,550.00 _�. .... . .....�,.�_ w �.r�r.. $72�.. ....�. � 00 � .. ........ ...� m.___ � . ... .800.00 .._ � �$45,550 00 .. ........ w...... . �$27 300...... �... 29,050.00 8 ....... ........m.. . $77,500:��.�..�,�,_ $48,450.00 .. mm...__— .,$....,__ .... � Page 1 of 1 EXHIBIT D TDHA Contract (§ 4.C.)