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HomeMy WebLinkAbout2001-060s �Oue She1w mMt ORDINANCE NO OD - 6D AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNTY AFFAIRS EMERGENCY SHELTER GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN A GRANT UNDER THE EMERGENCY SHELTER GRANT PROGRAM, 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 apply for and obtain a grant 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 113719 sea ), 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 See 2306 094, Texas Government Code, and WHEREAS, the City of Denton, Texas, intends to sub -contract with local social service agencies to provide services though the emergency shelter grant program, and WHEREAS, the Texas Department of Housing and Community Affairs requires an application and appropriate certifications and the City Council deems it in the public interest to authorize the City Manager to make application for this Grant, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That 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 application, together with all necessary certifications, grant agreements 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 See 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 obtain and administer this grant s bur sm. Glu6 SECTION 2 That the Community Development Administrator is authorized, under the supervision of the City Manager, to handle all fiscal and administrative matters relating to the application and the administration of the Emergency Shelter Grant Program, if it is funded and all other matters connected therewith SECTION 3 That the City Secretary is hereby authorized to furnish true, complete, and correct copies of this ordinance to all interested parties SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the &M day of 2001 ATTEST JENNIFER WALTERS, CITY SECRETARY BY Q APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATT t EULINE BROCK, MAYOR Page 2 of 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO 421117 FOR THE EMERGENCY SHELTER GRANTS PROGRAM CFDA NO 14 231 SECTION 1 THE PARTIES This agreement is made by and between the an agency of the State of Texas (herein the Recipient" or "Recipient") SECTION 2. GRANT PERIOD Texas Department of Housing and Community Affairs, "Department") and City of Denton (herein the "State The period for performance of this agreement, unless earlier terminated, is September 1, 2001 through August 31, 2002 (herein the "Grant Period") SECTION 3 STATE RECIPIENT PERFORMANCE State Recipient shall conduct, in a satisfactory manner as determined by Department, an Emergency Shelter Grants Program pursuant to the Stewart B McKinney Homeless Assistance Act, as amended (42 U S C Sec 11371 at seq ) (herein the "Act") Recipient shall perform all activities in accordance with the terms of the Budget (herein "Exhibit A"), the Match (herein "Exhibit B"), the Applicable Laws and Regulations (herein "Exhibit C"), the assurances, certifications, and other statements made by Recipient in its Emergency Shelter Grants Program (herein "ESGP") application, and with all other terms of this grant agreement SECTION 4 DEPARTMENT OBLIGATIONS A In consideration of Recipient's full and satisfactory performance of this agreement, Department shall reimburse the actual allowable costs incurred by Recipient in an amount up to Fifty -Five Thousand One Hundred Twenty and no/100 dollars ($55,120) B Department's obligations under this agreement are contingent upon the actual receipt of adequate ESGP 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 Recipient 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 Recipient under this agreement C Department shall not be liable to Recipient for any costs which (1) have been reimbursed to Recipient or are subject to reimbursement to Recipient by any source other than Department, (2) are not allowable costs, 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, or (5) are not incurred during the Grant Period Page 1 of 11 Rev 6-01 ESGP D Recipient shall refund to Department any sum of money which has been paid to Recipient 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 Recipient shall make such refund within fifteen (15) days after the Department's request SECTION 5, METHOD OF PAYMENT / CASH BALANCES A Each month Recipient 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 exceed Recipient's actual cash needs for the month for which such advance is sought B Recipient'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 Recipient's actual immediate cash requirements Recipient shall establish procedures to minimize the time elapsing between the transfer of funds from Department and the disbursal of such funds by Recipient C Department may use a cost reimbursement method of payment if (1) Department determines that Recipient has maintained cash balances in excess of need, (2) Department identifies any deficiency in the cash controls or financial management system used by Recipient, or (3) Recipient fads to comply with any of the reporting requirements of Section 9 D All funds paid to Recipient under this contract are paid in trust for the exclusive benefit of the eligible recipients 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, Recipient 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 85 (units of state or local government), whichever is applicable to Recipient Except as specifically modified by law or regulation, in performing this agreement, Recipient shall comply with the cost principles set forth in OMB Circular No A-122 (nonprofit organizations) or OMB Circular No A-87 (units of state or local government), whichever is applicable to Recipient C Notwithstanding any other provision of this grant agreement, Department shall only be liable to Recipient for costs incurred or performances rendered for activities specified in 24 C F R §576 21(a) Department shall not be liable to Recipient for the costs of any other activities, including but not limited to (1) acquisition of an emergency shelter for the homeless, (2) renting commercial transient accommodations for the homeless (such as hotel or motel rooms) unless the conditions in Section 22(J) of this agreement have been met, (3) renovating, rehabilitating, or converting buildings owned by primarily religious organizations or entities except as specifically authorized by 24 C F R §576 23(b) Page 2 of 11 Rev 6-01 ESGP D Use of Alcoholic Beverages None of the funds provided under this contract shall be used for thepayment 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 Recipient shall provide an amount of funds equal to the amount of funds provided by Department under this agreement (herein "Recipient's Match") Recipient's 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 to match the award made under this agreement Recipient's Match may include resources provided by any sub -recipient to which Recipient provides funds under this agreement B Amounts may be counted towards Recipient'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 Recipient's Match, Recipient may include the value of any donated material or budding, the value of any lease on a building, any salary paid Recipient's staff (or that of its sub -recipients) in carrying out the activities required under this agreement, and the time and services contributed by volunteers to carry out such activities, determined at the rate of Five Dollars ($5 00) per hour Recipient shall determine the value of any donated material or budding or any lease, using any method reasonably calculated to establish a fair market value SECTION 8 RETENTION AND ACCESSIBILITY OF RECORDS A Recipient 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 Recipient shall comply with the retention and custodial requirements for records as set forth in OMB Circular No A-110 or 24 C F R Part 85 B Recipient 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 Recipient pertaining to this grant agreement Such access shall continue as long as Recipient retains the records Recipient shall maintain such records in an accessible location C Recipient shall ensure that any sub -recipients receiving funds provided under this grant shall comply with the record retention and custodial requirements specified in this Section SECTION 9, REPORTING REQUIREMENTS A Recipient shall submit to Department such reports on the performance of this grant as may be required by Department including but not limited to the reports specified in this Section B Recipient shall electronically submit a Monthly Funding/Financial/Performance Report (MFFPR) to the Department on or before the twentieth (20th) day of each month of the Grant Period, beginning no later than October 20, 2001, regardless of whether Recipient makes a fund request Page 3 of 11 Rev 6-01 ESGP C Recipient shall submit a final MFFPR to the Department within sixty (60) days after the end of the Grant Period The failure of Recipient 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 Recipient If this contract provides assistance for renovation, rehabilitation, or conversion, in addition to the electronic final report, Recipient shall submit under separate cover photographs of the finished construction work D Recipient 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 E If Recipient fads to submit, in a timely and satisfactory manner, any report or response required by this agreement, including responses to monitoring reports, Department may withhold payments otherwise due to Recipient hereunder If Department withholds such payments, it shall notify Recipient 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 Recipient 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 Recipient receives ESGP funds from Department over two or more Grant Periods, funds may be withheld or this agreement suspended or terminated for Recipient'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 Recipient's performance of this agreement Department will advise Recipient in writing of any deficiencies noted during such monitoring Department will provide technical assistance to Recipient and will require or suggest changes in Recipient'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 Recipient has made to correct previously noted deficiencies Department may place Recipient 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 Recipient's performance or if Recipient fads to correct any deficiency within a reasonable period of time SECTION 11 INDEPENDENT CONTRACTOR Department is contracting with Recipient as an independent contractor To the extent allowed by law, Recipient agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or In any way incident to, arising out of, or in connection with Recipient's performance of this contract SECTION 12. PROCUREMENT Recipient shall develop and implement procurement procedures that conform to the administrative requirements referenced in Section 6 and with any procurement guidelines issued by Department If recipient is a unit of local government, it shall also comply with all applicable state and local laws Page 4 of 11 Rev 6-01 ESGP relating to procurement Recipient shall not procure supplies, equipment, materials, or services except in accordance with such procurement procedures SECTION 13 CONFLICT OF INTEREST / NEPOTISM A Recipient represents 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 Recipient or serve as a member of its governing body B Recipient shall establish safeguards to prohibit its officers and employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties Specifically, Recipient shall comply with the conflict of interest provisions at 24 C F R §576 57(d) C Recipient shall ensure that no officer, employee, or member of the governing body of Recipient 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 Recipient'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 Recipient represents that it possesses the legal authority to enter into this agreement and to perform the services Recipient has obligated itself to perform hereunder B The person signing this contract on behalf of Recipient hereby warrants that he/she has been duly authorized by Recipient's governing board to execute this agreement on behalf of Recipient and to bind Recipient to the terms 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 Recipient or the person signing this contract to enter into this contract or to render performances hereunder Recipient 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 Recipient shall give Department immediate notice in writing of any action or claim, including any proceeding i before an administrative agency, filed against Recipient and arising out of the performance of this agreement Recipient shall promptly furnish Department with copies of all pertinent papers received by Recipient with respect to such action or claim SECTIONIS. SECTARIAN ACTIVITY The performance of this agreement shall not involve, and no portion of the funds received by Recipient hereunder shall be used in support of, any sectarian or religious activity Page 5 of 11 Rev 6-01 ESGP SECTION 17 CHANGES AND AMENDMENTS A Any change in 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 B Except as otherwise expressly provided in this agreement, any change in the terms of this agreement shall be by an amendment hereto in writing signed by both parties Pursuant to Department policy, no Recipient -initiated amendments will be approved or processed during the first 90 days or the last 30 days of the Grant Period C Notwithstanding Subsection 17(B), only Recipients that are units of general local government may make transfers of funds between or among the budget categories of Exhibit A without an amendment to this agreement provided that (1) the cumulative dollar amount of all transfers among direct budget categories is not more than five percent (5%) of the amount specified in Section 4, (2) the transfer will not change the scope or objective of the projects funded under this agreement, and (3) Recipient submits a report of all such budget revisions to Department before the end of the Grant Period SECTION 16 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 Recipient, 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 ESGP Issuance's and shall be binding upon Recipient as if written herein ESGP Issuance's shall not alter the terms of this agreement so as to release Department of any obligation specified in Section 4 to reimburse costs incurred by Recipient 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 Recipient has faded to comply with any term of this agreement Department shall notify Recipient 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 B Nothing in this Section shall be construed to limit Department's right to withhold payment or immediately suspend Recipient's performance of this agreement if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Recipient's performance Suspension shall be a temporary measure pending either corrective action by Recipient or a decision by Department to terminate this agreement Page 6 of 11 Rev 6-01 ESGP C Upon receipt of notice of suspension or termination, Recipient shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this agreement and shall cease to incur costs hereunder Department shall not be liable to Recipient for costs incurred after termination of this agreement D Notwithstanding any exercise by Department of its right of suspension or of early termination, Recipient 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 Recipient until such time as the exact amount of damages due to Department by Recipient 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 Recipient expended $300,000 or more in total federal financial assistance, Recipient 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 of 1996, 31 U S C ch 75, and OMB Circular No A-133, "Audits of States, Local Governments, and Non -Profit Organizations The term "federal financial assistance" includes awards of federal financial assistance received directly from federal agencies, or indirectly through units of state and local government B Recipient 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 end of the audit period Recipient 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 any fiscal year ending within or immediately after the Grant Period, Recipient must submit an "Audit Certification Form" (available from the Department) within ninety (90) days after the Recipients fiscal year end D Department reserves the right to conduct additional audits of the funds received and performances rendered under this grant agreement Recipient agrees to permit Department or its authorized representative to audit Recipient's records and to obtain any documents, materials, or information necessary to facilitate such audit E Recipient shall be liable to Department for any received under this agreement Recipient shall are not provided under this contract SECTION 21 TRAVEL costs disallowed pursuant to audit(s) of funds reimburse such disallowed costs with funds that Allowable travel costs under this contract shall be determined in accordance with OMB Circulars A- 122 or A-87, as applicable, any Department Issuance on travel, and with Contractor's written travel policy Contractor's written travel policy shall delineate the rates which Contractor shall use in computing the travel and per diem expenses of its board members and employees Prior to incurring any costs for travel, contractor must provide Department with a copy of its travel policy and evidence that such policy has been approved by Contractor's governing body if Contractor has no established written travel policy, the travel regulations applicable to Department employees shall apply Page 7 of 11 Rev 6-01 ESGP SECTION 22 SPECIAL CONDITIONS A Department shall not release any funds under this agreement until Department has determined that Recipient's fiscal control and fund accounting procedures are adequate to assure the propendisbursal of and accounting for such funds B Department shall not release any funds under this agreement until Department has received a properly completed Depository/Authorized Signatory Form (Department Form) from Recipient C Recipient shall have obligated (as such term is defined in 24 C F R §576 3) all funds provided under this agreement on or before January 1, 2002 Department may recapture any funds not so obligated D Recipient 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 budding The applicable period shall be calculated in accordance with 24 C F R §576 53(b) E If Recipient 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 Recipient 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 persons originally served with the funds or persons in the same geographical area F Recipient shall make known that use of the facilities and services funded under this agreement is available to all on a nondiscriminatory basis Recipient 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 Recipient shall administer, in good faith, a policy designed to ensure that its homeless facility is free from the illegal use, possession, or distribution of drugs or alcohol H Recipient shall not expend ESGP funds for any activities that would result in the displacement of persons or businesses I Recipient 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 services for occupants of facilities assisted under this agreement If Recipient intends to provide emergency shelter for homeless persons in hotels or motels, or other commercial facilities providing transient housing, Recipient must provide the Department with a certification that (1) leases negotiated between Recipient and providers of such housing provide or will provide that the living space will be rented at substantially less that the daily room rate otherwise charged by the facility, and (2) the Recipient has considered other 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 Page 8 of 11 Rev 6-01 ESGP K Recipient 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 Recipient shall ensure that any budding 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 Recipient shall only subcontract for budget line items under this contract which are not specified in Exhibit A after Recipient has submitted information concerning each such proposed subcontract to Department and has obtained Department's prior written approval of Recipient's intent to enter into such proposed contract Recipient, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, Department is in no way liable to Recipient's subcontractor(s) In no event shall any provision of this paragraph, specifically the requirement that Recipient obtain Department's prior written approval of a subcontract, be construed as relieving Recipient 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 performances were rendered by Recipient Department's approval under this paragraph does not constitute adoption, ratification, or acceptance of Recipient's or subcontractor's performance hereunder and Department maintains the right to insist upon Recipient's full compliance with the terms of this 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 legislative measure This prohibition shall not be construed to prevent any official or employee of Contractor from furnishing to 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 the 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 of Contractor, the State of Texas, or the government of the United 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's activities for compensation by or on behalf of industry, a profession or association related to operation of Contractor 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 Page 9 of 11 Rev 6-01 ESGP to Contractor Except as authorized by law, no contract funds shall be expended in payment of membership dues to an organization on behalf of Contractor or an employee of Contractor 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 to any official or employee who violates any of the provisions of this section E If any funds 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, Recipient 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 Recipient 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 Recipient's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by Department B Recipient 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 Recipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse C Recipient 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 26 MAINTENANCE OF EFFORT Funds provided to Recipient 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 Recipient had this agreement never been executed SECTION 26 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 Department 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 27 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 Page 10 of 11 Rev 6-01 ESGP SECTION 28. 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 29 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 SIGNED this day of 12001 CITY OF DENTON Y Micttetel ACConduff City Manager TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 0 Daisy A Stmer Executive Director This agreement is not effective unless signed by the Executive Director of Department or her authorized designee ATTEST 7ENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PPR,OOUTY, ;CL,IITY AT TORNEY BY V& �n✓ ' Page 11 of 11 Rev 6-01 ESGP EXHIBIT A - BUDGET CONTRACTOR- City of Denton CONTRACT # 421117 CONTRACT PERIOD. 9/01/2001 - 8/31/2002 original XM amendment # Activity Category Description of Activities Total Funds by Category Contract Funds $66,120 STATE ADMINISTRATION (cities and counties only) $2,120 A RENOVATIONS B ESSENTIAL SERVICES 18,337 Salaries $13,617 HOPE, Inc $2,240 --- - -- - - - ------------------ -- -- TAF Case Manager Denton County Frlends of the Family $11,277 _ Family Services Coordinator Other $4,820 Client transportation Ind mileage and trolley tokens _ Van maintenance and repairs C MAINTENANCE, OPERATIONS, AND FURNISHINGS 7,900 Operations Administration $6,600_ (not more than 10% of grant)_ Salvation Army _ Shelter Manager _ Operations _(excluding staff) $2,400 HelpNet- - - - - Equipment $2,400 Laptop computer with cellular -modem D HOMELESSNESS PREVENTION 26,763 H_ O_PE, Inc subsidies __Rent De osits for rental units TOTAL $66,120 EXHIBIT B MATCH FUNDS CONTRACTOR City of Denton CONTRACT # 421117 SOURCE DOLLAR VALUE METHOD OF CALCULATION (Provide Detail on Match and Calculations) DONATIONS Material(s) $ Building $ Funds $ 17,300 HeIPNET = $2 300 Salvation Arm = $15,000 LEASE or RENT $ 36,000 Denton Co Friends of the Family SALARIES $ 20,850 HOPE Inc Case M r Intake Wrkr VOLUNTEERS (@ $5/hour) $ 500 HOPE Inc OTHER $ 14,500 HOPE Inc FEMA City of Denton OTHER $ MATCH TOTAL $ 89.150 EXHIBIT C APPLICABLE LAWS AND REGULATIONS Grantee shall comply with the Act specified in Section 3 of this agreement, the OMB 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 NONDISCRIMINATION AND EQUAL OPPORTUNITY Title VI of the Civil Rights Act of 1964, (42 U S C §§ 2000d et se , 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 Vill of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U S C §§ 3601 et see ) and implementing regulations, Executive Order 11063, as amended by Executive Order 12249, and 24 C F R Part 107, "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 107 shall be a proper basis for the imposition of sanctions specified in 24 C F R § 107 60, The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U S C §§ 6101 et se 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 §794) and implementing regulations at 24 C F R Part 8 For purposes of the Emergency Shelter Grants Program, the term "dwelling units" in 24 C F R Part 8 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, and 12138 Contractor shall make efforts 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 U S C §1701 u) Page 1 of 3 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 LEAD -BASED PAINT The requirements, as applicable, of the Lead -Based Paint Poisoning Prevention Act (42 U S C §§ 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 (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 576, and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead -based 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 status VI FLOODINSURANCE No site proposed on which renovation, major rehabilitation, or conversion of a budding is to be assisted under 24 C F R Part 576, other than by grant amounts allocated to States under §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 (i) 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 Disaster Protection Act of 1973 (42 U S C §§4001 at se Vil COASTAL BARRIERS In accordance with the Coastal Barrier Resources Act, 16 U 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 §1451 at seg) as amended, particularly section 307(c) and (d) (16 U S C §1456(c) and (d) ) Page 2 of 3 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 Part 58 Grantee shall assist Department and HUD in their compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U S C §470 at seA-), Executive Order 11593, and the Archaeological and Historical Preservation Act of 1966 (16 U S C §489a-1 at se _) 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 11783, 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 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 §1857 at sec ), and Section 308 of the Federal Water Pollution Control Act (33 US C §1251 at sec), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in Section 114 and Section 308 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 11288, relating to prevention, control, and abatement of water pollution Grantee shall assist Department and HUD in their compliance with Executive Order 11988, Flood Plain Management, which requires avoidance, to the extent possible, of the long and short term impacts associated with the occupancy and modification of floodpiains and avoidance of the direct of indirect support of floodplain development whenever there is a practicable alternative Page 3 of 3