HomeMy WebLinkAbout2006-248I " S:AOur DocumentsV0rdinancesV06A6rant Agreement Ordinance.doc
ORDINANCE NO. Zl)�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT FOR ONE HUNDRED FORTY TWO
THOUSAND EIGHT HUNDRED AND EIGHTY NINE DOLLARS FROM THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNTY AFFAIRS EMERGENCY SHELTER
GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the provision of services to
residents who are homeless and with providing decent housing, a suitable living environment,
and assisting homeless households to achieve self sufficiency; and
WHEREAS, the City of Denton, Texas, has a developed and adopted a continuum of care
for homeless and potentially homeless households; and
WHEREAS, the City of Denton, Texas, wishes to accept a grant award of one hundred
forty two thousand eight hundred and eighty nine dollars ($142,889.00) through the Emergency
Shelter Grant Program, as authorized by the Stewart B. McKinney Homeless Assistance Act of
1987 as amended (42 U.S.C. Sec. 11371 et seg.), and as administered through the United States
Department of Housing and Urban Development; and
WHEREAS, the Texas Legislature has; designated the Texas Department of Housing and
Community Affairs as the administering agency for the Emergency Shelter Grant Program
pursuant to Sec. 2306.094, Texas Government Code; and
WHEREAS, the City of Denton, Texas, intends to sub -contract with a local social service
agency to provide services through the emergency shelter grant program; and
WHEREAS, the Texas Department of Housing and Community Affairs requires the
appropriate certifications and the City Council deems it in the public interest to authorize the
City Manager to execute a grant agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton, Texas, authorizes the City
Manager to sign and submit to the Texas Department of Housing and Community Affairs and all
appropriate officials thereof, a grant agreement, together with all necessary certifications, and
other documents as well as appropriate resources for entitlement of funds under the Stewart B.
McKinney Homeless Assistance Act of 1987, as amended and Emergency Shelter Grant
Program pursuant to Sec. 2306.094 of the Texas Government Code., and all other applicable
laws, as necessary to obtain a grant under the Emergency Shelter Grant Program to provide
services to homeless residents of Denton. That the City Manager is authorized to take all other
actions necessary to execute an agreement and administer this grant including execution of
agreements with each of the designated subrecipient organizations.
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SECTION 2. The Community Development Administrator is authorized, under the
supervision of the City Manager, to handle all fiscal and administrative matters relating to the
administration of the Emergency Shelter Grant Program, if it is funded and all other matters
connected therewith.
SECTION 3. The City Secretary is hereby authorized to furnish true, complete, and
correct copies of this ordinance to all interested parties.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. p
PASSED AND APPROVED this the day of ( Q {y/ /j , 2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
( F�� khq�a -
PERRY R. McNEILL, MAYOR
Page 2 of 2
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 426117 FOR THE
EMERGENCY SHELTER GRANTS PROGRAM
CFDA NO. 14.231
SECTION 1. THE PARTIES
This agreement is made by and between the Texas Department of Housing
and Community Affairs, an agency of the state of Texas (herein the
"Department") and CITY OF DENTON
(herein the "State Subrecipient" or "Subrecipient").
SECTION 2. GRANT PERIOD
The period for performance of this agreement, unless earlier
terminated, is September 1, 2006 through August 31, 2007 (herein the
"Grant Period-).
SECTION 3. STATE SUBRECIPIENT PERFORMANCE
State Subrecipient shall conduct, in a satisfactory manner as
determined by Department, an Emergency Shelter. Grants Program pursuant
to the McKinney-vento Homeless Assistance Act, as amended (42 V.S.C.
Sec. 11371 at. seq.) (herein the "Act"), Subrecipient shall perform
all activities in accordance with the terms of the Budget (herein
"Exhibit A"); the Match (herein "Exhibit E"); the Applicable Laws and
Regulations (herein "Exhibit C"); the assurances, certifications, and
other statements made by Subrecipient in its Emergency Shelter Grants
Program (herein 11ESGP11) application, and with all other terms of this.
grant agreement. If the persons to benefit from the activities
described in Exhibit A are not receiving a service or benefit, the
Subrecipient is liable to repay The, Department any associated
disallowed coats.
SEECTION 4. DEPARTMENT OBLIGATIONS
A. In consideration of Subrecipient's full and satisfactory
performance of this agreement, Department shall reimburse the
actual allowable coats incurred by Subrecipient in an amount up to:
$142,SB9.00
B. Department's obligations under this agreement are contingent upon
the actual receipt of adequate ESOP funds from the U.S. Department
of Housing and Urban Development (herein "HUD"). If sufficient
funds are not available to make payments under this grant
agreement, Department shall notify Subrecipient in writing within a
reasonable time after such fact is determined. Department shall
then terminate this agreement and will not be liable for the
failure to make any payment to Subrecipient under this agreement.
D. Subrecipient shall refund to Department any sum of money which has
been paid to Subrecipient by Department, which Department
determines has resulted in an overpayment, or which Department
determines has not been spent strictly in accordance with the terms
of this agreement. Subrecipient shall make such refund within
fifteen (15) days after the Department's request.
SECTION S. METHOD OF PAYMENT / CASH BALANCE$
A. Each month Subrecipient may request an advance payment by
submitting to Department a properly completed Monthly
Funding/Financial/Performance Report (MFFPR) that may include a
request for advance funds (Projected Expenses) in an amount not to
09/05/2006 00:13 5124753539 COMMUNITY SERVICES PAGE 03/17
exceed Subrecipient's actual cash needs for the month for which
such advance is sought.
B. Subrecipient's requests for advance payments shall be limited to
the minimum amounts needed for the effective performance of this
agreement, and shall be timed as closely as possible with
Subrecipieut's actual immediate cash requirements. Subrecipient
shall establish procedures to minimize the time elapsing between
the transfer of funds from Department and the diaburaal of such
funds by Subrecipient.
C. Department may use a cost reimbursement method of payment if (1)
Department determines that Subrecipient has maintained cash
balances in excess of need; (2) Department identifies any
deficiency in the cash controls or financial management system used
by Subrecipient; er (3) Subrecipient fails to comply with any of
the reporting requirements of Section 9.
D. All funds paid to Subrecipient under this contract are paid in
trust for the exclusive benefit of the eligible Subrecipients of
ESGP services and for the payment of allowable expenditures.
SECTION 6. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
A. Except as specifically modified by law or regulation, in performing
this agreement, Subrecipient shall comply with the administrative
requirements set forth in OMB Circular No. A-110 (nonprofit
organizations) or the regulations codified at 24 C.F.R. Part SS
(units of state or local government), whichever is applicable to
Subrecipient.
B. Except as specifically modified by law or regulation, in performing
this agreement, Subrecipient shall comply with the cost principles
set forth In OMB circular No. A-122 (nonprofit organizations) or
OMB Circular No. A-B7 (units of state or local government),
whichever is applicable to Subrecipient.
C. Notwithstanding any other provision of this grant agreement,
Department shall only be liable to Subrecipient for caste incurred
or performances rendered for activities specified in 24 C.F.R. Sec.
576.21(a).
C. Department shall not be liable to Subrecipient for certain coets,
including but not limited to coats which:
(1) have been reimbursed to Subrecipient or are subject to
reimbursement to Subrecipient by any Source other than
Department;
(2) are not allowable costa, as set forth in the Act and Section
6(B) of this agreement;
(3) are not strictly in accordance with the terms of this
agreement, including the exhibits;
(4) have not been reported to Department within sixty (60) days
following termination of this agreement;
(5) are expended on rehabilitation activities prior to the
submission of a Request for Release of Funds and prior to the
release of funds by the U.S. Department of Housing and Urban
Development (HUD).
(6) are for the acquisition of an emergency 9helceI for the
homeless;
(7) are for rent of commercial transient accommodations for the
homeless (such as hotel or motel rcoma) unless the conditions
in Section 22(J) of this agreement have been met;
(a) are not incurred during the Grant Period, exclusive of pre.
award travel and/or per diem expenses to attend the ESGP
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Contract Implementation Workshop.
D. Use of Alcoholic Beverages. None of the funds provided under this
contract shall be used for the payment of salaries to any employee
who uses alcoholic beverages while on active duty. No funds
provided under this contract for travel expenses shall be used for
the purchase of alcoholic beverages.
SECTION 7. MATCH REQUIREMENT
A. Subrecipient shall. provide an amount of funds equalcc the amount
of funds provided by Department under this agreement (herein
"Subrecipient's Match"). Subrecipient'a Match must be provided
during the Grant Period from sources other than ESGP funds. Funds
used to match a previous ESGP award may not be used cc match the
award made under this agreement. subrecipient's Match may include
resources provided by any eubcontractor to which Subrecipient
provides funds under this agreement.
B. Amounts may be counted towards Subrecipient's Match only if such
amounts are costs or resources of a type specified in Exhibit B,
Match and only if such amounts are computed in accordance with this
Section. In calculating the amount of Subrecipient's Match,
Subrecipient may include, but is not limited to, cash donations;
the value of any donated material or building; the value of any
lease on a building; any salary paid Subrecipient's staff (or that
of its sub-Subrecipients) in carrying out the activities required
under this agreement; and the time and services contributed by
volunteers to carry out ouch activities, determined at the rate of
Five Dollars (S5.00) per hour. Subrecipient shall determine the
value of any donated material or building or any lease, using any
method reasonably calculated to establish a fair market value.
SECTION 8, RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient shall maintain fiscal records and supporting
documentation for all expenditures of funds made under this
agreement in a manner that conforms to OMB Circular No. A-87 or A-
122 and this agreement. Subrecipient shall comply with the
retention and custodial requizements for records as set forth in
OMB Circular NO. A-120 or 24 C.F.R. Part 85.
B. Subrecipient shall give HUD, the Comptroller General of the United
States, the Auditor of the State of 'Texas, and any Department
authorized representative, access to and the right to reproduce all
records belonging to or in use by Subrecipient pertaining to this
grant agreement. Such access shall continue as long as
Subrecipient retains the records. Subrecipient shall maintain such
records in an accessible location for four years.
C. Subrecipient shall ensure that any subcontractors receiving funds
provided under this grant shall comply with the record retention
and custodial requirements specified in this Section.
SECTION 9. REPORTING REQUIREMENTS
A. Subrecipient shall submit to Department such reporte on the
performance of this grant as may be required by Department
including buc not limited to the reports specified 1.n this Section.
B. Subrecipient shall electronically submit a Monthly
Funding/Pinancial/Performance Report (MFFPR) to the Department on
or before the twentieth (loth) day of each month following the
reported month in the Grant Period, beginning no later than October
20, 2006, regardless of whether Subrecipient makes a fund request.
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C. Subrecipient shall submit a final MFFPR to the Department within
sixty (60) days after the end of the Grant Period- The failure of
Subrecipient to provide a full accounting of all funds expended
under this agreement within sixty (60) days shall be sufficient
reason for Department to deny or terminate any future agreements
with Subrecipient. If this contract provides assistance for
renovation, rehabilitation, or conversion, in addition to the
electronic final report, Subrecipient shall submit under separate
cover photographs of the finished construction work,
D. Subrecipient shall submit to Department within twenty (20 days)
days after the termination of this contract an IDIS Annual
Performance Report prepared according to ESOP Policy Issuance
instrucciona.
E. Subrecipient shall submit to Department no later than sixty (60)
days after the termination of this contract a cumulative inventory
report of all equipment having a unit acquisition cost of $500 or
more, acquired in whole or in part with funds received under this
or previous ESGP contracts. Upon the termination of this contract,
Department may transfer title to any such equipment having a unit
acquisition cost of $1000 or more to itself or to any other entity
receiving ESGP funds from Department.
F. If Subrecipient fails to submit, in a timely and satisfactory .
manner, any audit, report or response required by this agreement,
including responses to monitoring reports, Department may withhold
payments otherwise due to Subrecipient hereunder, If Department
withholds such payments, it shall notify Subrecipient in writing of
its decision and the reasons therefore. Department may withhold
payments until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient. If the
delinquent report or response is not received within forty-five
(45) days of its due date, Department may suspend or terminate this
agreement. If Subrecipient receives ESGP funds from Department
over two or more Grant periods, funds may be withheld or this
agreement suspended or terminated for Subrecipient's failure to
submit a report or response (including a report of audit) past due
under a prior grant agreement.
SECTION 10. MONITORING AND TECHNICAL ASSISTANCE
Department or its designee may conduct periodic on -site monitoring and
evaluation of the efficiency, economy, and effectiveness of
Subrecipient'a performance of this agreement. Department will advise
Subrecipient in writing of any deficiencies noted during such
monitoring. Department will provide technical assietance to
Subrecipient and will require or suggest changes in Subrecipient's
program implementation, accounting, personnel, procurement, or
management procedures in order to correct any deficiencies noted.
Department may conduct follow-up visits to review and assess the
efforts Subrecipient has made to correct previously noted deficiencies -
Department may place Subrecipient on a reimbursement method of payment,
terminate this contract, or invoke other remedies in the event
monitoring or other reliable sources reveal material deficiencies in
Subrecipient'e performance or if Subrecipient fails to correct any
deficiency within a reasonable period of time.
SECTION 11. INDEPENDENT CONTRACTOR
Department is contracting with Subrecipient as an independent
contractor. To the extent allowed by law, Subrecipient agrees to hold
Department harmless and cc indemnify Department from and against any
and all clai.ms, demands, and causes of action of every kind and
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character which may be asserted by any third party occurring or in any
way incident to, arising out of, or in connection with Subreciplent,s
performance of this contract.
SEECTION 12. PROCUREMENT
Subrecipient @hall develop and implement procurement procedures that
conform to the administrative requirements referenced in Section 6 and
with any procurement guidelines issued by Department. I£ Subrecipient
is a unit of local government, it shall also comply with all applicable
state and local laws relating to procurement. Subrecipient shall not
Procure aupplies, equipment, materials, or services except in
accordance with such procurement procedures.
SECTION 13. CONFLICT OF INTEREST / NEPOTISM
A. Subrecipient shall comply with the conflict of interest provisions
at 24 C.F.R. Sec. 576.57(d).
B. Subrecipient zepresents that neither it nor any member of its
governing body presently has any interest or shall acquire any
interest, direct or indirect, which would conflict with the
performance of this agreement and that no person having such
interest shall be employed by Subrecipient or serve as a member of
its governing body-
C. Subrecipient shall ensure that no officer, employee, or member of
the governing body of Svbrecipient shall vote for or confirm the
employment of any person related within the second degree by
affinity or third degree by consanguinity to any member of
Subrecipient's governing body or to any officer or employee who
would directly supervise Such person. This prohibition shall not
Prohibit the continued employment of a'person who has been
continuously employed for a period of two years prior to the
election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the legal authority to
enter into this agreement and to perform the services Subrecipient
has obligated itself to perform hereunder.
B. The pereon signing this contract on behalf of Subrecipient hereby
warrants that he/she has been duly authorized by Subrecipient's
governing board to execute this agreement on behalf of Subrecipient
and to bind subreciplent to the cerma herein set forth.
C. Department shall have the right to terminate this contract if there
is a dispute as to the legal authority of either Subrecipient or
the person signing this contract to enter into this contract or to
render performances hereunder. Subrecipient is liable to
Department for any money it has received from Department for
performance of the provisions of this contract, if Department has
terminated this contract for reasons enumerated in this Section 14.
SECTION 15. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate notice in writing of any
action or claim, including any proceeding before an administrative
agency, filed against Subrecipient and arising out of the performance
of this agreement. Subrecipient shall promptly furniah Department with
Copies of all pertinent papers received by Subrecipient with respect to
such action or claim.
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BECTIoN .16. SECTARIAN ACTIVITY
The performance of this agreement shall not involve, and no portion of
the funds received by Subrecipient hereunder shall be used in support
inherently religious activities such as worship, religious instruction
or proselytization, as part of the programs or services directly funded
under the HUD program or activity.
SECTION 17. CHMMGES AND AMENDMENTS
A. Any change 1n the terms of this agreement, which is required by a
change in state or federal law or regulation is automatically
incorporated herein and is effective on the date designated by such
law or regulation.
E. Except as otherwise expressly provided in this agreement, any
change in the terms of this agreement shall be reduced to writing
and agreed upon by both parties. Any change to the amount of this
contract as shown in Section 9 A shall be by an amendment hereto in
writing and signed by both parties. Any change to the amount
specified per activity category shall be requested in writing by
the Subrecipient and autborized by a letter signed by the director
of the community Affairs Division. Pursuant to Department policy,
no Subrecipient-initiated amendments will be approved or processed
during the first 90 days or the last 30 days of the Grant Period.
SECTION 18. DEPARTMENT ISSUANCES
Performance of this grant agreement must be rendered in accordance with
the Act, the regulations promulgated under the Act, the assurances and
certifications made to Department by Subrecipient, and the assurances
and certifications made to HUD by the State of Texas with regard to the
operation of the Texas ESGP. In order to ensure the legal and
effective performance of this contract, Department may issue policy
directives, which serve to establish, interpret, or clarify the
requirements of this agreement. Such directives shall be promulgated by
Department in the form of ESOP Issuances and shall be binding upon
Subrecipient as if written herein. ESGP Issuances shall not alter the
terms of this agreement so as to release Department of any obligation
specified in Section a to reimburse costs incurred by Subrecipient
prior to the effective date of said Issuance.
SECTION 19. TERMINATION AND SUSPENSION
A. Department may terminate this agreement, in whole or in part, at
any time Department determines that Subrecipient has failed to
comply with any term of this agreement. Department shall notify
Subrecipient of such determination in writing prior to the
thirtieth (30th) day preceding the date of termination to provide
the reasons for such termination, the effective date of such
termination, and in the case of partial termination, the portion of
the agreement to be terminated.
S. Nothing in this Section shall be construed to limit Department's
right to withhold payment or immediately suspend Subrecipienc's
performance of this agreement if Department identifies possible
instances of fraud, abuse, waste, fiscal mismanagement, or other
serious deficiencies in Subrecipient'e performance. Suspension
shall be a temporary measure pending either carrective action by
Subrecipient or a decision by Department to terminate this
agreement.
C. Upon receipt of notice of suspension or termination, Subrecipient
shall cancel, withdraw, or otherwise terminate any outstanding
orders or subcontracts related to the performance of this agreement
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and shall cease to incur coats hereunder. Department shall not be
liable,to subrecipient for coats incurred after termination of this
agreement.
D. Notwithstanding any exercise by Department of its right of
suspension or of eazly termination, subrecipient shall not be
relieved of any liability to Department for damages due to
Department by virtue of any breach of this agreement. Department
may withhold payments to Subrecipient until such time as the exact
amount of damages due to Department by Subrecipient is agreed upon
or is otherwise determined and paid.
SECTION 20. AUDIT
A. For any fiscal year included within the Grant Period during which
the Subrecipient expended $500,000 or more in total federal
financial assistance, Subrecipient shall arrange for the
performance of an annual audit of the funds received and
performances rendered under this grant agreement. The audit shall
be made In accordance with the Single Audit Act Amendments 0£ 1996,
31 U.S,C. 7S; and OMB Circular No. A-133, "Audits of States, Local
Government., and Non -Profit Organizations". The term -federal
financial assistance" includes awards of federal financial
assistance received directly from federal agencies, or indirectly
through unite of state and local government.
B. Subrecipient shall submit two (2) copies of the report of such
audit to Department within thirty (30) days after the completion of
the audit, but no later than nine (9) months after the and of the
audit period. Subrecipient shall insure that the audit report is
made available for public inspection within thirty (30) days after
completion of the audit. Audits performed under this section are
subject to review and resolution by Department or its authorized
representative.
C. For each fiscal year ending within or immediately after the Grant
Period, Subrecipient must submit an "Audit Certification Form"
(available from the Department) within sixty (60) days after the
Subrecipients fiscal year and.
D. Department reserves the right to conduct additional audits of the
funds received and performances rendered under this grant
agreement. Subrecipient agrees to permit Department or its
authorized representative to audit Subrecipient's records and to
obtain any documents, materials, or information necessary to
facilitate such audit-
E. Subrecipient shall be liable to Department for any coats disallowed
pursuant to audit(") of funds received under this agreement.
Subrecipient shall reimburse such disallowed coscs with funds that
are not provided under this contract.
SECTION 21. TRAVEL
Allowable travel costs under this contract shall be determined in
accordance with OMB Circulars A-122 or A-97, as applicable, any
Department Issuance on travel, and with Subrecipient's written travel
policy. Subrecipient's written travel policy shall delineate the rates
which Subrecipient shall use in computing the travel and per diem
expenses of its board members and employees. Prior to incurring any
coats for travel. Subrecipient must provide Department with a copy of
its travel policy and evidence that such policy has been approved by
subrecipient'e governing body. If Subrecipient has no established
written travel policy, the travel regulations applicable to Department
employees shall apply.
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SECTION 22. SPECIAL CONDITIONS
A. Department shall not release any funds under this agreement until
Department has determined that subreciplent,a fiscal control and
fund accounting procedures are adequate to assure the proper
disbursal of and accounting for such funds.
S. Department shall not release any funds under this agreement until
Department has received a properly completed Depository/Authorized
Signatory Form (Department Form) from Subrecipient.
C. Subrecipient shall obligate (as such term is defined in 24 C.F.R.
Sec. S76.3) all funds provided under this agreement on or before
September 17, 2006, 180 days from the date of the FFY 2006 award
letter from U.S. NW.. Department will recapture any funds not so
obligated.
D. Subrecipient shall ensure that any building rehabilitated with
funds provided under this agreement is maintained as a shelter for
the homeless for not less than a three-year period, or for not less
than a ten-year period if such funds are used for major
rehabilitation or conversion of the building. The applicable
period shall be calculated in accordance with 24 C-F.R. sec.
576.53(b).
E. If Subrecipient uses funds received under this agreement to provide
essential services, homeless prevention, or maintenance and
operating costs, the activities must be carried out until all of
the funds made available under this agreement for such activities
are expended or for the Grant Period, whichever is shorter.
Subrecipient may use one or more sites or structures to carry out
the activities but it must serve the same general population. The
"same general population" means the types of homeless persona
originally served with the funds or persons in the same
geographical area.
F. Subrecipient shall make known that use of the facilities and
services funded under this agreement are available to all on a
nondiscriminatory basis. Subrecipient also must adopt and
implement procedures designed to make available to interested
persons information concerning the existence and location of
services and facilities that are accessible to persons with a
disability.
G. Subrecipient shall administer, in good faith, a policy designed to
enaure that its homeless facility is free from the illegal use,
possession, or distribution of drugs or alcohol.
N. Subrecipient shall not expend ESGP funds for any activities that
would result in the displacement of persons or businesses.
I. Subrecipient shall, to the maximum extent practicable, involve,
through employment, volunteer services, or otherwise, homeless
individuals and families in constructing, renovation, maintaining,
and operating facilities assisted under this agreement, in
providing services assisted under this agreement, and in providing
eervices for occupants of facilities assisted under this agreement.
J. If Subrecipient intends to provide emergency shelter for homeless
persona in hotels or motels, or other commercial facilities
providing transient housing, Subrecipient must provide the
Department with a certification that: (2) leases negotiated between
Subrecipient and providers of such housing provide or will provide
that the living space will be rented at substantially less that the
PAGE 09/17
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daily room rate otherwise charged by the facility; and (2) the
Subrecipient has considered ocher facilities as emergency shelter,
and has determined that use of the facilities provides the most
cost-effective means of providing emergency shelter in its service
area.
K- Subrecipient.shall develop and implement procedures to ensure the
Confidentiality of records pertaining to any individual provided
family violence prevention or treatment services under any project
assisted under this agreement, and that the address or location of
any family violence shelter project assisted will, except with
written authorization of the person or persons responsible for the
operation of such shelter, not be made public.
L. Subrecipient shall ensure that any building for which ESGP amounts
are used for renovation, conversion, or major rehabilitation must
meet local government safety and sanitation standards.
M. None of the funds provided under this agreement may be used in
connection with any dwelling unit unless the unit is protected by a
hard -wired or battery -operated smoke detector installed in
accordance with National Fire Protection Association Standard 74.
N. Subrecipient shall only subcontract for budgat line items under
this contract which are not specified in Exhibit A after
Subrecipient has submitted information concerning each such
proposed subcontract to Department and has obtained Department's
prior written approval of Subrecipienc's intent to enter into such
proposed contract. Subrecipiant, in subcontracting for any
performances described in this contract, expressly understands that
in entering into ouch subcontracts, Department is in no way liable
to Subrecipient'e subcontractor(a). In no event shall any
provision of this paragraph, specifically the requirement that
Subrecipient obtain Department's prior written approval of a
subcontract, be construed as relieving Subrecipient of the
responsibility for ensuring that the performances rendered under
all subcontracts are rendered so as to comply with all of the terms
Of this contract, as if such performancea were rendered by
Subrecipient. Department's approval under this paragraph does not
constitute adoption, ratification, or acceptance of Subrecipient's
or subcontractor's performance hereunder and Department maintains
the right to insist upon Subrecipienc'a full compliance with the
tame of this contract., Subrecipient shall include language in any
subcontractor that provides the Department the ability to directly
review, monitor, or audit the operational and financial performance
or records of work performed under Chia contract.
SECTION 23. POLITICAL ACTIVITY AND LOBBYING
A. None of the funds provided under this contract shall be used for
influencing the outcome of any election, or the passage or defeat
of any legialative measure. This prohibition shall not be
construed to prevent any official or employee of Subrecipient from
furnishing cc any member of its governing body upon request, or to
any other local or state official or employee or to any citizen
information in the hands of the 'employee or official not considered
under law to be confidential information. Any action taken against
an employee or official for supplying such information shall
subject chit person initiating the action to immediate dismissal
from employment.
B. No funds provided under this contract may be used directly or
indirectly to hire employees or in any other way fund or support
candidates for the legislative, executive, or judicial branches of
government, the State of Texas, or the government of the United
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PAGE 11/17
States.
C. None of the funds provided under this contract shall be expended in
payment of the salary for full-time employment of any employee who
is also the paid lobbyist of any individual, firm, association, or
corporation. None of the funds provided by this contract shall be
expended in payment of the partial salary of a part-time employee
who is required to register as a lobbyist by virtue of the
employee'a activities for compensation by or on behalf of industry,
a profession or association related to operation of Subrecipient.
A part-time employee may serve as a lobbyist on behalf of industry,
a profession, or association so long as such entity is not related
to Subrecipient. Except as authorized by law, no contract funds
shall be expended in payment of membership dues cc an organization
on behalf of Subrecipient or an employee of Subrecipient if the
organization pays all or part of the salary of a person required to
register under Chapter 305, Government Code.
D. None of the funds provided under this contract shall be paid c0 any
official or employee who violates any of the provisions of this
section
E. If any Eunda other than federally appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of congress, or an employee of a
Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, Subrecipient shall complete and
submit standard Form-LLL, "Disclosure Form to Report Lobbying,- in
accordance with its instructions.
SECTION 24. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal
systems and procedures sufficient to prevent, detect, and correct
incidents of waste, fraud., and abuse in the performance of this
agreement and to provide for the proper and effective management of
all program and fiscal activities funded by this agreement.
Subrecipienc's internal control. systems and all transactions and
ocher significant events are to be clearly documented and the
documentation shall be readily available 'for monitoring by
Department.
E. Subrecipient shall give Department complete access to all of its
records, employees, and agents for the purpose of monitoring or
investigating the performance of this agreement. Subrecipient
shall fully cooperate with Department's efforts to detect,
investigate, and prevent waste, fraud, and abuse.
C. Subrecipient may not discriminate against any employee or other
person who reports a violation of the terms of this agreement or of
any law or regulation to Department or to any appropriate law
enforcement authority, if the report is made in good faith_
SECTION 2S_ MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this agreement may not be
substituted for funds or resources from any other source nor in any way
serve to reduce the funds or resources which would have been available
to or provided through Subrecipient had this agreement never been
executed.
SECTION 26. DEEARMENT
By signing this contract Subrecipient certifies chat it will not award
09/05/2006 00:13 5124753539 COMMUNITY SERVICES PAGE 12/17
any funds provided under this contract to any party which is debarred,
suspended, or otherwise excluded from or ineligible for participation
in federal assistance programs under Executive Order 12549 and 24 CFR
Part 24. Subrecipient shall receive the certification provide by the
Department from each proposed subcontractor under this contract and is
principals.
SECTION 27. NO WAIVER
No right or remedy given to Department by this contract shall preclude
the existence of any other right or remedy, nor shall any action taken
in the exercise of any right or remedy be deemed a waiver of any other
right or remedy. The failure of Dapartment to exercise any right or
remedy on any occasion shall not constitute a waiver of. Department's
right to exercise that or any other right or remedy at a later time.
SECTION 28. SEVERABILITY
If any portion of this agreement is held to be invalid by a court of
competent jurisdiction, the remainder of it shall remain valid and
binding.
SECTION 29, PRIOR ORAL AND WRITTEN AGREEMENTS
All oral and written agreements between the parties to this contract
relating to the subject matter of this agreement that were made prior
to the execution of this agreement have been reduced to writing and are
contained herein.
SECTION 30. EXHIBITS
The exhibits identified below are hereby made a part of this agreement
1. Exhibit A, Budget
2. Exhibit B, Match
3. Exhibit C. Applicable Laws and Regulations
EFFECTIVE DATE: 09-01-2006
CITY OF DENTON
By: ..NOT.SIGNED..........
On:../../....
Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY APFAIRS
By: ..NOT.SIGNED..........
On:../,./....
Executive Director
This contract is effective when signed by the Texas Department of
Housing and Community Affairs Executive Director of Department or his
authorized designee.
09/05/2006 00:13 5124753539 COMMUNITY SERVICES PAGE 13/17
EXHIBIT A
Contractor: CITY OF DENTON
Contract Period: 09/01/2006 - 09/31/2007
Contract: 426117
Orig7 N And? N
Accivity Total
Category Description of Activities Funds
---------------------
--------------- _________________________________________________________________
State Administration 5496.00
(City and County Only)
A
OPERATION ADMINISTRATION
13000.00
HOPE, INC.
Intake Worker
CHRISTIAN COMMUNITY ACTION
Director of Family Assistance
----------------
B
-__________-___--__-------________
REHABILITATION
.00
C
------------------------ __________________________
ESSENTIAL SERVICES
41218.00
Salaries 35218.00
SALVATION ARMY DENTON CORPS
Shelter Case Manager
________,________________________________________________________________________
(Salary and fringe benefits)
Othor 6000.00
HOPE, INC.
Childcare
________________________________________________________________________________
D
MAINTENANCE, OPERATIONS, AND FURNISHINGS
25650.00
------------------------------------------------------------
Maintenance (contractual agreements only) .00
_________________
Operation (excluding staff but including) 25650,00
DENTON CO. FRIENDS OF THE FAMILY SAFE SHELTER
Repairs (non -deferred)
Telephone
Utilities
SALVATION ARMY DENTON EMERGENCY SHELTER
Food
CITY OF DENTON
Pre -award Travel Expenses
Other (specify)
HMIS
___________________
__..._.-------_
Furnishings (list item(s)) .00
---------
---------------------------------------------------
E
_____________________________
HOMELESSNESS PREVENTION
57525.00
SALVATION ARMY DENTON CORPS
Rental assistance
Utilities assistance
HOPE, INC. .
Rental assistance
Utilities assiitance
Security deposits
CHRISTIAN COMMUNITY ACTION
Rental assistance
Utilities assistance
SALVATION ARMY - LEWISVILLE
Rental assistance
TOTAL
------------------------------------------- ____________________________
142809.0
09/05/2006 00:13 5124753539 COMMUNITY SERVICES PAGE 14/17
EXHIBIT B
Contractor: CITY OF DENTON
Contract Period: 09/01/2006 - 08/31/2007
Contract: 426117
Orig7 N Amd? N
Dollar
Source Value
------------ _------ _--------------- _______________________________
DONATIONS
Materials 650.00
HOPE, INC.
Clothing, toiletries, household supplies, gifts and supplies
for children from local groups and businesses.
_______________________________________________________________________
Building .00
................................................................................
Funds 39185.00
HOPE, INC.
Emergency Food and Shelter Program renC/utility subsidy
SALVATION ARMY PENTON CORPS
Donation received from local individual donors
--------------------------------------------------------------------------------
LEASE or RENT 26695.00
HOPE, INC.
Ocneral Operating and United Way Funds
DENTON CO. FRIENDS OF THE FAMILY
shelter.-$3,000 month x 8 months - $24,000
______________________________________________
SALARIES 47754.00
HOPE, INC.- General Operating and United Way Funds
SALVATION ARMY-LEWISVILLE -Social Services Center Admin Dir.
CHRISTIAN COMMUNITY ACTION - 3 caseworkers
________________________________________________________________________________
VOLUNTEERS (a $5.00/hour) 2730.00
DENTON CO. FRIENDS OF THE FAMILY
546 hours x $5.00 = $2,730.00
_______________________________________________________________________________
OTHER 25875.00
SALVATION ARMY DENTON CORPS
Donations received from appeals made through Dallas Area
Command
---------------------------------------------- _....................... __________
OTHER .00
--------------------------------------------------------------------------------
TOTAL 142889.0
09/05/2006 00:13 5124753539 COMMUNITY SERVICES PAGE 15/17
EXHIBIT C
APPLICABLE LAWS AM REGULATIONS
Grantee shall comply with the Act specified in section 3 of this
agreement; the OK8 Circulars and regulations specified in Section 6 of
the grant agreement; and with all other federal, state, and local laws
And regulations applicable to the activities and performances rendered
by Grantee under this agreement including but not limited to the laws,
and the regulations promulgated thereunder specified in this Exhibit C.
I. NONDISCRIMINATION AND EQUAL OPPORTUNITY
Title VI of the Civil Rights Act of 1964, (42 V.S.C. Sec- 2000d at
seq.); 24 C.F.R. Part 1, "Nondiscrimination in Federally Assisted
Programs of the Department of Housing and Urban Development -
Effectuation of Title VI of the Civil Rights Act of 1964";
Title VIII of the Civil Rights Act of 1968, ^The Fair Housing Act of
1968" (42 U.S.C. Sec. 3601 at seq.) and implementing regulations;
Executive Order 11063, as amended by Executive Order 12249, and 24
C.F.R. Part ia7, "Nondiscrimination and Equal Opportunity in Housing
under Executive Order 11063". The failure or refusal of the Contractor
to comply with the requirements of Executive Order 11063 of 24 C.F.R.
Part 101 shall be a proper basis for the imposition of sanctions
specified in 24 C.F.R. Sec. 107.60.;
The prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975 (42 V.S.C. Sec. 6101 at seq.) and
implementing regulations at 24 C.F.R. Part 146;
The prohibitions against discrimination against otherwise qualified
individuals with disabilities under Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. Sec. 794) and implementing regulations at 24
C.F.A. Part 8. For purposes of the Emergency Shelter Granta Program,
the term "dwelling units" in 24 C.F.R. Part B shall include sleeping
accommodations;
The affirmative action requirements of Executive Order 11246 and the
regulations issued under the Order at 41 C.F.R. Chapter 60; and
Executive Orders 11625, 12432, 12138, and 13279. contractor shall
make efforce to encourage the use of minority and women's business
enterprise in connection with activities funded under this contract.
II. EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing And Urban Development Act; of 1968 (12 V.S.C.
Sec. 1701u).
III. UNIFORM FEDERAL ACCESSIBILITY STANDARDS
For major rehabilitation or conversion, the Uniform Federal
Accessibility Standards at 24 C.F.R, Part 40, Appendix A.
IV. LFAD-EASED PAINT
The requirements, as applicable, of the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. Sec. 4821-4846) and implementing regulations
at 24 C.F.R. Part 35. In addition, Contractor must also meet the
following requirements relating to inspection and abatement of
defective lead -based paint surfaces:
09/05/2006 00:13 5124753539 COMMUNITY SERVICES PAGE 16/17
(1) Treatment of defective paint surfaces must be performed before
final inspection and approval of the renovation, rehabilitation,
or conversion activity under 24 C.F.R. Part 5761 and
(2) Appropriate action must be taken to protect shelter occupants
from the hazards associated with lead-baeed paint abatement
procedures.
V. USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS
The provisions of 24 C.F.R. Part 24 relating to the employment,
engagement of services, awarding of contracts, or funding of any
Contractors or subcontractors during any period of debarment,
suspension, or placement in ineligibility etatue.
VI. FLOOD INSURANCE
No Site proposed on which renovation, major rehabilitation, or
conversion of a building is to be assisted under 24 C.F.R. Part 576,
other than by grant amounts allocated to States =der Sec. 576.43, may
be located in an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazards unless:
(1) The community in which the area is situated is participating in
the National Flood Insurance Program and the regulations
thereunder (44 C.F.R. Parts 59 through 79) or (ii) Less than a
year has passed since FEMA notification regarding such hazards;
and
(2) Contractor will ensure that flood insurance on the structure is
obtained in compliance with section 102(a) of the Flood Disaeter
Protection Act of 1973 (42 V.S.C. Sec. 4001 et seq.).
VII. COASTAL BARRIERS
In accordance with the Coastal Barrier Resources Act, 16 V.S.C. 3501,
no financial assistance under the Act may be made available within the
Coastal Barrier Resources System. Contractor shall comply, where
applicable, with the Coastal zone Management Act of 1972 (16 U.S.C.
Sec. 1451 et seq.) as amended, particularly section 307(c) and (d) (l6
U.S.C. Sec. 1456(c) and (d) ).
VIII. ENVIRONMENTAL STANDARDS
If Grantee is a unit of local government, it shall assume the
environmental responsibilities specified in section 104(g)(1) of the
Housing and Community Development Act of 1974 and 24 C.F.R. Pare so.
Grantee shall aeoiat Department and HUD in their compliance with
Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. Sec. 470 at seq.); Executive Order 11593; and the
Archaeological and Historical Preservation Act of 1966 (16 U.S.0 Sec.
4e9a-I at seq.) by: (a) consulting with the State Historic Preservation
Officer on the conduct of investigations, as necessary, to identify
properties listed in or eligible for inclusion in the National Register
of Historic Places that are subject to adverse effects by activities
funded under this contract and notifying Department and HUD of the
existence of any such properties, and (b) complying with all
requirements established by HUD to avoid or mitigate adverse effects
upon such properties.
Grantee shall ensure, pursuant to Executive Order 117B3, that the
facilities under its ownership, lease, or supervisions which shall be
utilized in the accomplishment of this grant agreement are not listed
on the Environmental Protection Agency (EPA) list Of violating
'09/05/2006 00:13 5124753539 COMMUNITY SERVICES PAGE 17/17
facilities and that it shall notify Department and HUD of the receipt
of any communication from the Director of the EPA Office of Federal
Activities indicating that a facility to be used in carrying out this
agreement is under consideration for listing by the EPA.
Grantee shall comply with the provisions of the National Environment
Policy Act Of 1969 (P.L. 91-190) and Executive Order 11514, as amended
by Executive Order 11991, which promote efforts to prevent or eliminate
damage to the environment and biosphere and require an Environmental
Impact Statement when plans and programs may affect the quality of the
environment. To the extent applicable. Grantee shall comply with all
of the requirements of Section 114 of the Clean Air Act, as amended (42
U.S.C. Sec. 1657 cc scq.), and Section 306 of the Federal water
Pollution Control Act (33 U.S.C. Sec. 1251 at seq.), respectively,
relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in Section 114 and Section 306 of
the Air Act and the water Act, respectively, and all regulations and
guidelines issued thereunder.
Grantee shall comply with the provisions of Executive Order 11296,
relating to evaluation of flood hazards, and Executive Order 11266.
relating to prevention, control, and abatement of water pollution.
Grantee shall assist Department and HUD in their compliance with
Executive Order 11986, Flood Plain Management, which requires
avoidance, to the extent possible, of the long and short term impacts
associated with the occupancy and modification of floodplaine and
avoidance of the direct of indirect support of floodplain development
whenever there is a practicable alternative
-CITY OF DENTON
trJ�,y'_ _�/�,►/rj
BY: ,` "
HOWARD MARTIN
INTERIM CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: `W
APPR ED AS AL F
EDWIN M. SNY ITY TORNEY
am