2012-298s:llegallour documentslordinances112�2012-13 esg ordinance.doc
o�nvANCE No. 2012-298
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT FOR FOUR HUNDRED SEVENTY-
TWO THOUSAND ONE HUNDRED AND FOURTY DOLLARS AND FIFTEEN CENTS
FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNTY AFFAIRS
EMERGENCY SOLUTIONS GRANT PROGRAM AND TAKE ALL OTHER ACTIONS
NECESSARY TO IMPLEMENT THE 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, participates in the Denton County Homeless
Coalition providing a continuum of care for homeless and potentially homeless households; and
WHEREAS, the City of Denton, Texas, wishes to accept a grant award of Four hundred
seventy-two thousand one hundred and forty dollars and fifteen cents ($472,140.15) through the
Emergency Solutions Grant Program, as authorized by the Stewart B. McKinney Homeless
Assistance Act of 1987, Title IV, as amended (U.S. Code: 42 USC 11371 et se .), 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 Solutions Grant Program
pursuant to Sec. 2306.094, Texas Government Code; and
WHEREAS, the City of Denton, Texas, intends to sub-contract with local social service
agencies to provide services through the Emergency Solutions 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 l. 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 a11 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 Solutions 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 Solutions Grant Program to provide
services to homeless residents of Denton. 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.
SECTION 2. The City Council of the City of Denton, Texas, authorizes the Community
Development Administrator to sign and submit to the Texas Department of Housing and
Community Affairs and all appropriate officials thereof, amendments, change orders, together
with all necessary certifications, and other documents, under the supervision of the City
Manager, to handle a11 fiscal and administrative matters relating to the administration of the
Emergency Solutions Grant Program, if it is funded and a11 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.
PASSED AND APPROVED this the ��� day of % , 2012.
MARK . B OU , MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
<
BY: �,,
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: -
Page 2 of 2
!`I+;XA� l)L�'Alil'MI�,1V`f UF T-IUiJ�1NC AT�TD CUIVIMUNI`TY Al{FAiR�
CONTRACTNO. 42120�U1530 I�OR TI-I�
FY 201� F.,MEftGL;NCY SOLUTIUNS G(tAN'I5 (�s"SG) PItOGftAM
C�� €�A NO. 14,23 J
SCCTIOI�f I. PARTiCS'I'O TkI�� CO.NT1t�CT
`('his Lmer};enCy Solutiof�s Grants Coi�tract No. 4212t�)01530 (herein the °Contract") is �nade by and beisvee�i tlie
Texas UepFirtinent af Housing a�ad Coin�nunity 11�fPairs, a public and official a�ency of tl�s� State of Texas, (hereinat�er
ttic "Depa�•t�ner�t") aaid G�ty c�t' Dentnn, a political subdivision of tlte State of Texas (l�ereinai�er the "Subrecipie+ai").
��:CTI.ONZ. G()NTI2ACT'1'[;RM
'1'he period of performance of this Conti�act, unless ea��lier te►�ninated, is nctober Ol, �012, through �e�terniber 30,
2013 (hereinai�er die "Canhact'Ter�n").
SCCT.ION 3. SUBIt�CIi'IrNT PTI2I+ORMANCI;
SuUrecipient shall develop a��d implement an Eme�•�ency Solutions Grints Progra�n ("ESG") in accorda�ic:e w�th the
terms of tl�is Conri'ACt and the T;xhibits attached to this Contract incoiporatt:d herein foa• all Y•elevant piu•poses.
SubR•ecipient shall develop tuid iinplement the L:SCi to assisY ha�ncless individuals or pe��sons at risk of faomelessness ta
quickly ��egain si�bi lity ut permZ��ent housin� after experiencing a hoi�sinb crisis and/or homelessness. Subrecipient shall
implement ESG in accordance with the provisions of the Homeless Emer�ency AssistAnce and Itapid `fransitic�n to
}�o�tsingAcl, as.a�ne��ded {42 USC i]302 et. sec�.) (h�reinx$er tiie "Act"); the U.S. Deparfrnent of Housirtg and Urba�l
Development (hereina#ier "HiJD") regulations cadified in 24 C.['.R. Pa��ts $5, 91, 576, 582 and 583, any applicabie
Office of Ma��agement rmd f3udget (OMB} Circulars; and 'Tit1e 10 o['the Texas Adrninistrative Code, as amei�ded frc��n
time to time, Subrecipient shall pei•fo��rri all act.ivities i�i accordance with tlte terms of Perfot�nancc 17ocUment
(hcreinafter °Fxhi bit A"); tf�e Budget {herei»after "Exhibit I3"}; fhe Match �tequirements Documeni (iierein�iRer "Hxh ibit
C'); the Applicable Laws and Regulations (hereinafter "Exllibit I7"}; the Ceiiification Rega��din�; Lobbying for C:ont��acts,
Crr�urts, I,o�u�s, and Cooperative Agreeinents (hereiaa�er "C;xlvbit E"); tk�e assur�u�ces, cea•tiFcations, and other statement5
�nade by Subrec;ipient in its �SG applicltion, ai�d with aU odaer terms of tliis Contract. If the persons to bezaefit frUm the
activities described in �;xliibit A�•e itiotreceiving A service or benefit, tlie Subreci�ieni is lia6le to repay tlie llepa�t�neiit
any assoeiated disallowecl costs.
A. C�erfol•inance related to established targets will be repocted i�z the LSG monfhly perfornl�ice Repai�t and
nccomplis�une.nt in meeting t�u��ets will ba considereci in applicafian for .future fundin�; opporiunities with the
llepai�hr�eitt,
B. All funds must be fufly cxpended within the Contr�ct 1'erin at a level accepfabte to the Depardnent, T'he neparh�lenf
reserves the cight to E•equest ��� expei�diiw'e plan if it aphears funds will ttot be exp�nded withi�t tlie Cotttract Term.
SECTIQN 4, llI+:PART1VlI�NT T'INANCIAI, U13I,IGATI.ONS
A. In consider�tion of Subrecipient's full and satisfacto�y perfor�nance af this Contract, Dep�u•trnent shall rein�burse
Subrocipientfor tlie aetual afiowable costs incurred by Subrecipient in the atnoux�t specifiul in the "Budget"�attached
hereto as Exhibic �3 ofthis Con�•a4�t.
B. Any ctecision to obli�ate additional fin�ds or deobligate funds shall be made in w�•iting by 17ep�u�nient in ii:s sole
discretion baseci upon the starus of funding undee grants to Depa��tment and Subrecipient's overall compl�a�tce rvith the
te�•ms of thi s Cond�act. ,
C. Depariment's oblig�ti�ns �nader tl�is Conh�act are cantingent upon the actual receipt af ada�uaie LSG fimds fi�om
HUD. If sufficicnf funds a►•e t�ot availa6le to make payinents under ti�is Cont��act, Deparlment shall notify
Suba�ecipient in wA•iGng r�vithin � t'easonable time �tfter such fact is detern�ined. Ucpartment sha11 the�i terminate this
Contract and ruill nat Ue liable for the f�ilure to make any payment to Subreoipient under this Contract,
P��e 1 of 22 .
. . ' . �% .-� ,. � ... ...
D, Sp�C@(:I�1L'llt SI1ctII t�efund to Department flny sui» of money whiclt has beeja �aid to Subrecipieiil by 1]epF�rtmer�t,
whicli T)epai�lmenk determines has resulted i�i r�n overpaylnent, ar wh+cli Depart�neni determines has not been spent
stricfly in accordanee ��ith the terms of this Contracf, Subcecipient sl�ll m�ke sitch refund with9n fil�eerl (15) days
After the Departme�3t's request.
S�CTI.ON 5. MFT��011 Or PAXMI:IVT/.CAS�-I BALANCE�
A, St�brc�cipienis may request a one time workitig capital adv�uice for tl�iriy (30) days casl> >lE:eds or an advance of
;ES,000, whichever is gro�ter. In oa�d�a' to request a�� advance payment, Subrecipient must sut�mit to .l]e�a��ment a
pc•npe►�ly campleted expenditu�•e ►�epo�•t tn�t inoludes a reques�t for advanu: t'unds (Projec:ted I:xpenses). 'I'hereafte��, tile
Subrecipietit will be reimbursul for che a�nount of actu�il cash disbursements, a�'eitnbu�:sement Ua�.sis.
13, Subrecipient shaH estat�lish procedlEa•es to utinimi� the time elapsing between the ti�a��sfer of fi�nds fi•o�n De�a��tment
to Subrecipieni and the disbuesement of such funds by S�i6recipient.
C, Section 5(A) notwiths�tandin�, Depa��nent reserves fhe right to use a�x�adi�ed cask reiinbw�se►nent method of
payment whereby ceimbursement of cosGs ineurred by a Subrecipient is mac�e only afterthe Department has reviewed
and approved backup documeni��tion provided by the Subrecipient to su�po�� such ec>sts for all funds if at any time (1)
Deparhnent determiiaes that Subrec:ipiea�t has maintained casEi batancc:s in excess of need, (2) I)epartment idei�tif es
a�ty def ciency in the cash conh'ols oc financial ma��a�c:ment system used by Suba'ecipient, or (3) SubE•ecipieitt fai ls tQ
catnpty with ta�e repat�titig requirements of Saction 12 of this Conh•act,
D, All funds �y�iid to Subrecipiertt pu�suanf to ti�is Cozitr<<ct are paid in f.rus�t for tlie exclusive benefit of the eligible
1•c;cipientsof�SG servicesand forthepayrnentofaflowable expenditures.
�, TleparUnent may offset or withhold any �unouitits otherwise owed to Sub.recipienl under tl�is C��itract a�ainst any
amount owed by Subrecipient to lle�ardnent �e•isiug undec this Contr•act.
S�ICTIUN G. COST PRINCYC'LGS A1NLl ADMINISTI2ATIV� RT�QUIR�MCiVTS
A. �;xce��t as expressly modifed by law or Qie terms c�f tl�is Contiact, Sub►-ecipienf shall cotnply with the cost principles
and uniform administrative requi��:me�its sef fort}� in the Ua�iform Grant Management Standards, 10 T.A,C. §5,10 et
seq. �hereinafter "UniPorm Grant M��nt�e�nent Sia�tid�•ds"). All reFerences thecein to "loc�l governrnenC' shai) be
construecl to n�ean Subeecipiet�l,
�3. Uniform cost principles for governments are set fortla i�l OfFice of Manageanent and 13uc{�et ("OMI3'� Circular n-87
as implerneitted by 2 C.fi.tZ. Pa��t 225. Utiitor�n adEninisd•ative requicc�nents for governme�tts are set foi•th in UME3
Cireula�• A-102, OMI� Circular A-133 "Audits of States, Local GovernmeNs, and Non-Profit Or�;anirations," sets
fotfih audit standards far governtn�nfal organizations and other organizations expending Pederal funds. T'he
expendituce thresl�old ��equirin�; an audit unde�• Circulftr A-133 is $5U0,000 of }�ede��at fujads or �500,000 of St�te
fi��ids.
C. NotwithstHnclin� any otiier �rrovision of this Conh•act, bc,partmcnt sliall only be liable to Subrecipienf for eligible
ws�s incurred or performances re►idered for activities specified in ?tl C.f .R. §576 of ti�e FSG regulaiions.
D. Deparlment shall noi he ]iable tn Sub�•ecipiei�t f'or certain costs, includi�ig but �lot ]imited to costs wl�ict�:
{i )}:{ave be.en reunbursul to Subreci�iient or are subject to ��ciinburseme�ltto Subrecipient by any source other than
llepai�rient;
(2) Are uot �llowablc costs;
(3) Is incurred to in�voluntary separate a family;
(4) t�or units of local governmei�t, is incui�red to reE�lace fimds provided by the local gover��ment fa• street outreach
�td e�ner�;ency slielter services du►•i�lg tlle preceding 12-month pe.riod without }it1D exceptioyi;
(5) Is i�icu�•rcxl to provEcle certain legal services for immigra#ion �nd ciiizeiaship matice•s and issues �•clating to
mort�a�es;
(6) ls incurred ko provide certain sabstancc abuse treatineni services;
(7) Js incarred to pay u►�rears for temho.rary stacage fecs;
F'a�;e 2 of 22
. ' _ ' _ ' . 5, . ..
(t3) Is iiicarred tn pay ar ntod�fy a clebt;
O) Is incurred to aequirc p��operiy or to co�zsU•uct ncw pa'apei'ty;
(10)is incutred for theyehabilitAtion nf st�•ucturesto the extent thaf thase sh'uotures a��eused foc initeretltlyx•eligious
activities;
(11)Are e:xpeE�ded on rehabilitation aciivities p��ior to the subanission of �► Reqttest for Relc:ase of;��uEids a�ui prioa• to
the release offunds by HUD.
(I2) AE•e i;ot slrictiy i�i accordance witli the terins of this Co�it�•act, incfuding the Exhibits;
(( 3) }�Iave not bee.n reported to Uepaetment witliin sixty (60) days following terr3�ination of'this Contract; oe
(l4)Are not i►icurred cluz�inb the Cnntract Term; v��iti� the exception of travel costs to �ttend the September 13-14,
2012 i;SG Irnptetnentalioyt Wo�•ksliop in Austin,'Iexas.
SEC7'ION 7. T�RM1NATfON AND �USP�1V�lON
A. Parsuant to �S.17 af I 0'T'AC Chapter 5, Subchapter A, i7epar�nent may tea•minate or suspend tivs ConU•act, in wliole
or in pa��t, at any tiine 1)ep�u'tment determines tl�at there is cause 1or termination. Cause !'oR• termination incl.udes, but
is not limited ta, SubrecipienEs fr�ilure to comply with any te�'tn �fthis Conl�'ac:C or reasonable belief tlial Subrecipient
cannot or will not comply with the reqi�irexnents Af this Couti�acl. Iftl�e Depa��tment deterrnines that an Subrecipient
has failed to coinply witli the terms of the Conh•aet, or tu p►'ovide services tliat meet appropt•iate standards, �oals, or
odie�• requirements established by the Departm�nt, tlie �epat�tntent wi11 notify Subreeipie��t of ihe d�ficiencies to be
corrected and require the deficiencies be corrected priorto implementing suspe�ision.
B. Nothi�ig in fkiis Sectioti shull be consU•uecl to li�nit lle�a��t�nent's �uthority to withhoId payment ��id iu�mediaiely
suspend tliis Contract if llepar[n�ent identifies passible instances oi' fraud, abuse, waste, fse�l mismanage�nent, o►•
other deficiencies in Subrecipient's perfa�mancc. 5uspension shall be a temporaiy measure pendial� either corrective
action by Subcecipient or a decision by Departmerat to tcz�minate tliis Contract.
C. Department shall n.ot be fiable for �uy costs incurred by Subrecipient afler terminat.ion ot'this Contract.
D. Notwilhslanding any exercise by Depat�tmetit of its rigtrt of tc;rmination or suspension, Subrecipient sliall not be
relieved of a��y liability to Ueparttne��t for darn�ges Uy virtue of atty Ureach.of this ConU�act by Subrecipieni,
SCCTION 8. MATC� R�CQtJIRCMENT
A. Subrecipienk shall pt�avide a�i amoant of fi►nds e�qual to the ainou�.�t of funds p►•ovidecl by I7ep�'tinenf under this
Contract (herein "Subrecipient's Matcl�"). Subrecipi�nt's Match must be providecl daring the Contriact `I'eri�} fin�n
sources inclttding any Fede�°al soua•ce other than the rSG pro�;ram, as wel( as state, loeal, and }��'�vate sources. Funds
usecf to tnatch a p�•evious F,SG awa��d may notbe used to tnatch the avuarci made underthis Conh�ACt. Subrecipien�s
Match �nay inelude resoueces pA�ovided by any subcontractor to which SuUrecipier�t prov.idcs fiirids u�ider this
Contract.
J3. Amounts mAy be counted towards Subrecij�ient's Match only if such a�nounts are cosls or j•esoueces nf a fype
specifcd in E:xhibit C arici only if sucl� amounts are computul in accordance with tlus Section. In calculf�tira�; th�;
a�noiuit af SubrecipienEs Match, Subz�ecipient may include, but is not li�niieci to, cas}� donation.c; the value af auy
donatE:d matecial or builcling; the value of a��y le��se on a building; a�ry sala��y paid to Subrecipient's staff (nr tEzat of ifs
subcontracto�•s) in ca�•iying out the �ctivit.ies reyuired imder this Cotatract; and ihe time anci se��vices contributed by
valunte�rs to c�c�ry oat such activiiies. Services pa•ovided by volut�teers must be valued at rates consist�nt with those
ordin�u•ily paid for similar work in the SubrecipienCs orgtu�ization or in the same labor market. Subrecipient sh2ll
determine the value of any donated material or building or any (ease usi��g any method reasonably calculated to
eshablish a fairmarlcet value.
SL,C7'l�iV 9. ALLOWA�3Lk� FXPENDITiJIt�;S
A. The afiowability of Subrecipient's costs incurred i�t llie per:fc�rmancc of tl�is Contr�cf: shal! be detei�mined in
accordance with tlie provisions of Section 6 and the re�ulations set forth in 10 "['AC §5.2002 and §57C.100 through
§576.109 of t}►e f,:SG Reguiatiatzs, subject to t{�e 1 imitations and exceptions set fo►�th in ihis Section.
B. I:SG fLlIl(�S [71ay USeLi FOT aCIIT1lf115ffA#iVE TL'flVltiCS r'tS WC�� as five pro�r�u» componenis as set farti.t in 24 C.F.R,
§576.101 through 29 C,F.R. §576,107 af the LSG regul�itions.
P�ge 3 of 22
C, Administrative costs incurred by Sub�-ec:ipicnt in perfo�ming tt�is Contract nrc ta Ue based on actual programmatic
expenciiiures and sl�all be ailowed up to fhe amouni outlined in Exhibit I3 of this Cot�fract. Funds it�ay be used to pay
indicecC costs in accordance with OM�3 Circufar A-87. Fli�;ible acimiiiish�ative cosis include:
(1) General management, oversight and coo�•dination;
(2) Training on ESG requii-e,vents; a2�d
(3) f�.nvi�•onmental review.
SCCTION ]0. TGRMiNATING A�SYS`[`A1VCC
Pursuan#to 24 C.F.R. §S'76.�102 of #he FSG itegulatioris, if a�ragram p�u•ticipu�t violates progra�n rcquirements, the
Subrecipient may ferminate tha assistance in accordance with a foxmal process est�blished by tlie Subrecipient tliat
recog�uzes tlie rights �f� indi'vidua[s �f%cted. '17te Subrec:ipicnt must exercise jud�ment u�d ex�uliine all extenuating
circumstances in deternan�u�g wh�u violations warra��t te�minadon so that a progra�n participanl�S TS9ISfflil(:� IS fE3'minated
only ititiie most severe cases.
A. '1'a terminate rental assist�cice or� housing reloeation and stabilizatioi� sei�v'tces ta a prog��am patticipant, the required
i'onnal process, at a ax�inimum, must co��sist of:
(1) Writ�en notice to the program participa��t contaii�ing a clear statement af thc reasons for termination;
(2) A review of ihe decision, in wl3ich the pea�ra�n p�ticipaat is given the op�ot�[unity to prese��t wriltcn o�� oral
objections before a person odtier Uia►� tl�e person (or a suboa•d.inal� of ijiat person) wlto made or approved.the
termi�latio►� decision; at�d
(3) Pro�npt wcitten notice of the ftnal decisio�i to the progratn pactici�ant.
I3, Tai•ininatio�t u�idar ihis sec;tion does nat b�� the SuUrecipier►t fi•om providi�ig further assist�lnce at 1 latcr d�tc lo #ha
sainc family or individuai.
SGCTI.UN 11. RECURD Kr�PING ItCQUIR�.MI;NTS
A. Subrecipient sh��ll comply with aIl the record keeping requiren�ents set fortli in 2�} C,R�t. §5'76.500 of the �SG
Regulations and sltall maintai.n fisca! and programrn�tic records f�nd saippo��iiig doct�menYatioit for all expeudiiures
made under this Contract .
B. y1'f•i!!cm Pnlici�s urtd P�nculuf•er. Subrecipier�t must hava writien policies and procedures to ensure ktaat sufficient
t�ecoeds at'e esiablishul and mau►taitied to enable a deterinination that ESG reyu iremenfs are being �net,
G. Subrecipiaitt shall, at a minimwn, n7aintaiit files containing the following rnformatioix;
(1) Hornedess Status: Subrecipienf must maintain documentltion of fhe evidence j�elied upon to establish and verify
homeless staius for pro�ram pa��ticipants;
(2) �it �tisk of Flv�rrel�a�srress AS'ta�us and Annual Incume; .For cack� iiidividual and family who i•eceive F;S(;
homelessnes5 prcveniion assistance, Subrecipient�5 should maintai�� documentation at'the evidence ��elieci u{�oi� to
establi sl� and verify the i�idividual or family's "at ►�isk. of l�otneless��ess" s4�tus as listed on 24 C;;F.Ft. §5'16.SQ0(c)
a�ui the pt'ogr�un participant's income as established on §576.500(e);
(3} Delernunations of'Ineiigibilitl�: For each individual and fainily det�rini��ed ineligible to receive �;SG assist�►nu:,
the Subrecipient must document the reason for that determinitioi�;
(4) f'rngr�rm Purticrnunt Itecorra!s; Subrecipient 3nust doeument the services s�nd assista��ee providetl to program
pa►�ticipants And where a.pplicable, compliance witli the Yc;cmination of assisfance requirernent outtined in Section
l 0 of this contracf;
(5) CertiraIizu! ur coordi�aled u:ss�ssment ,ryste»rs a��d �?r•rlcedur•�:ti�: Continuums of Care (CoCs) are required to
est�blish a centralizerl or coordfnated assessment system. Sub�'ecipiei�t is t'ec{uired to patticipate in the centraiizecl
syste�a�. Sub►�ecipient must ai�ain�ain evidefice of tlie use of, and written intake �rocedures for, the ceni�•aliz.ed or
coordinatetl assc:s�inent systems(s) developed by the Continuum of Care lf ihe Subrecipiet�t's CoC does uot yet
i�s�ve a centralir.�ci or coordinated asse:ssn�ent system or procedures, or if Subnecipient is a lc;gal or a victim
service peovider choosing notto use the CoC cent�•aiized �r coordinated assessment system, SubeCClplCklt 111LISt
iiave ai�d consisteiitly apply written standa�•ds for assessment.
Page d nf 22
(G} Arznual Inc�orr�c: For e�tclz p��og►'atn pt1E'licipant WItO ceLOiVes ItOitICaCSS �)P�VC1lif011 c1SSlSfiIIICC, ar wlio rect:ivcs
rapid re-liousin� assistance longe3• th�u� one ye��, tl�e following daeumentation must be rnaii�tained: 1) income
evaluafion fonn, 2) sou��ce docuineiats far received iuconie and ��ssets, �r 3) third pai�ty stai�ne;ni fo�' ��hen source
docu►nents a�•e unabtai,iable.
(7} l�ental �1ssi,stance agn•eenrenls und payfnenls: Copics ai' al[ leases ac�d rental assistance agrc;eme��ts,
documeniation of paytnents made to owners, and stipparting docuinentatiott includinb dates of occupfincy by
program participants;
(8) UtiliEy Allvtivcn�ce: Documentation of the; mon�hly all�wance fof• utilities (excluding teleplione) useci to determic�e
compliance with tk�e rent rest��iction;
{9) �Shelrer� und Hvusirrg Sdandcmcl.s; Documc;nt�tion ot' co�nplia��ce wid� lile sheifcr and )�ausing st�wdards in
§576.403 ofthe E.SG Regulatio�as, includit�g u�spectian repo��fs;
(10)�n:ergency Shelrei• Fuctlitrc:s; Subrecipient must maintain recorcis of tlte emer�;ency shellers assisted, i�icluctin�
the �nouE�t and type of assistatice p►•ovided to eacl�. As applicable, Sitbrecipient must docu�nent ihe value of a
biailding befrn'e the rehabiliiation of an existin�, emergency shelter or atter tl�e conversion of a building inlo an
emergency shelter �u�d copes ofthe recorded deed or use restrictions;
(1 I)Service,s and �1ssi.stance Proviclea'.� Subeecipisnis shall n�aii3taiai reco�•ds of 41c types of essential scrvices, reiitai
assistancf:, and housin�; �tabiliaation v�d relc�cation seivices provided under the LSG and Qie arnotmts spent on
these services tind assista�ice;
(12)Muintenance of T,�'or1: Stabrec:ipients that are unifs of loc�i governm�nt shZll m�iittuin a�ea�rds to demonstrate
compliancewithtl�e �naintenanceof effoi�teec�uirement, includio� recoeds �E'lhe unil oftlie general pu�pose loca)
government's an nual bud�;ets anc{ sources of fu «diii� for street outreach a�ad emergeeicy shelte3• services;
(13)Coordination wrih Cantinuuna(s) nf C�rre arrd od�c����t'ogrcr»�s: Sub�•eeipients must document fheir cotn�liance
with tt�e i•equiremants of §5'7C,400 of the .FSG Rcgulaiions for consultin�; wilh the Coutinuum of C�u�e,
coordinaiing and integrating �SG assista��ce with pcobrams ftu�eted toward homeless people and system and
progcam coordinatio►i with mainskye�un service and assista�ac,e programs;
{14)1�M[S: Subrecipient �nust keep records of tlie participation in HM1S or a co�nparable datzibase by a11 projects of
the Subreeipient;
(15)Mateiting: Sab►•ocipient 3nust keep reco�ds of il�e source a��d use af conh�ibutions ►nade to salisfy tk�e matcl�
cequirement;
(t6)Re-evaluation for homeless7�ess and ��apid i�c�hausinb assisttu�ce: Sub►•u:ipient miist inaintain docu�3lentafio�x af
�ti initial evaluation io determine ihe eligibilily of cacl� indiv idtial or family F,SG �ssist�tce and the �unount aucl
types af�.ssistdttce the individual or family needs to regain stability into perma�ie��t hotising, Subrecipient�s musi
tnaintain documentaiian of re-evalu�tio}� �iat less tl�an once eveiy tliree (3) tnontl�s of progca�n particip�its'
eli�;ibiiity and the types and atnounts of assistanc:e the progr�un p�'ticipat�t neecls aecordin�; to the requirements
outlined in §S'J6.401(a); and
(17)Meeti.ng with case mana�;er: Subrecipientintist �n�intain documentation verifyii�gtl�at eacl� program participa��t
e�eiving homelessness p�•evention or rapid�re�l�ausing �ssist�nce has met regularly with a ease fnana�;er (excc:pt
wilea•e prnhibited by Violence Against Women Act (VAWA) a��d the Family Violence T'reveittion and 5ervic;es
Act (1^VPSA)) a�id that tlte a�.�sisiancc provider has clevelopul an individi�alized pl�n to help that pi•ogratn
participant retain permanent Itousuig aRe�� the: k5G �.ssistance encis.
D. ppen Ilecorc�s, 5ubre�ipient acknowledges tl.��tt all information collecteci, assembled, or n�aintained by Subrecipient
pe��taining to this Contract is subject to the '1'cxas Public Jnformation Act, Chapter 552 of Texas Gove►•ni�aent Gade
and must provide citizens, public agencies, and othcr inberf;s#ed pa��ties with reasoiiable access to �l1 recc�r�ls
pex�taining to this Contract si�bject to a�td in accordance with the 1'exas 1'ublic Ivformation Act.
�. Accc;es fv 12ecnrds; Subrecipient shall give thc HUD, the U.S. General Accounii�tg Office, the Tex�s Compti•oller, illE
State �uditor's nffce, and lleparttnettt, or any of theic duly �ud�ori�ed re,�i�esentatives, acccss to a�ld iiie rigltt fo
cxAnvne and copy, on or off fhe premises of Subrecipient, All records pei�tfiini»g to this Confiact. Suoh riglit to a�cess
�llall cc�ntinuc as lo�ig as the reco��ds a��e retained by Subrecipient.
F. Pe,�iod nf'Itecvr�cl Reterrtron; Sub�•ecipient �grees to mlintain suc.h a'ecords in an accessible location fo�• tlie �;reater of
five (5) yea�'s afier ihe expeciditure of all tia�ids fi'oxn the grant, or the period spc�ified 6elow:
(1) Whe��e funcis ti•om this Cont��et are used far tlte renavation of a�i e�nergency shelter involves costs chu�ged tn ihe
1�SG gra�rt that exceed seveitly-five percent (75%) of the value of the buildinb Uefore renovation, recards must
be retained until ter� (] 0) ye�us afte.rthe da#e that ESG .funds �a�e first obligatacl for the renovation.
I'a�;e: 5 oi' 22
. - - ;, . .
(2) Wliei•e funds fi•oin this Contract are used to convert a buildin�; i�tto an etncrgency s�lelter <�id tlie costs ct�a���ed to
lhe I�SG gi�ant for the convicesion exceed seventy-tive pei�cent (75%) of the value of the building a(%r
conversion, records must be retailaed until ten (l0) yeais after the dale ihat �:SU fimds ace first obli�ated for fhe
conversion.
G. Exce�tions to the recard retention periods outlinecl lbove incl ude; (i) if notifieci by tlie Depa��finent in writiiz�;, tlie d�te
tl�atthe iinal nudit is acce�tcd with all audit issues resolved to the Depa�'tment's s�►tisfaction; {ii) if any liti�ation
cfaim, nebotiatiota, inspectioe�, or otfaer actiori has sta�•ted before the expiration of�k�e required retention period recorcls
must beret�i�;ed until complr;tion of the acti�n and re,solution of all issues wtuch arise under it; (iii) a date consistent
with a�ay othe�• peciod E•eqtaired by fedea•ai or state law or a•egufation. SuUrecipieut agree;s to cooperAte wich any
exa�ni��ation conductecl pursuantto fhis Subsection. Upon tei�i3ir�ation ofthis Contr�ct, afl records arc property of the
Depar�nent,
H. Subreoipient shall include the so�bstance of ilzis Section ] 1 in al) subconu•acts.
S�CT101V "l2. 1Z�C'ORTING R�QUTRCM�N'iS
A. Subrecipiei�t shall sub�tiit to �iepartm�:nt such repc�i�ts on ihc perforinance of this Contract as may be required by
Departmcnf includ'vig, but not limited tt�, tlit 1'e�lottS SpeCifieCi �n il1iS SCCtiOn,
k3. Subrecipient shall elect►bnic�illy submit to thc Departrneat no lataa� than the fifteenth (15th) day of' each m��itb
fotlowing the x�epoa•f�d nionth in the Contrlct'I'erm a pec�formance r�:��oa�t lisfing reyui�•ed demographic i.nf'nF•mation,
the nutnber of persons assisf�d, and the ouCcc�mes aehieved it� tl�e previous montl�, a��d an expencliture c�epoifi iisting al1
expenditw�es of funds under diis Cont�'act duA•ing the previous month. 'I'hese reports are due cven if Subrecipient l�as
no new activity to reporC during the motitki,
C, Subrecipie�its must rep�t�t client-level data in tl�e Homeless Management lisfoa�mation Systein (I-aMIS) or a
co�npa�•able database. Providers of services to victims of do�riestic violence are only require,� to re�ort aggi•egated
data.
D. Subr�ecipient sliall submit a tinal performance repo�ti and a final exnendi#ure re�oi�l to ihc Deparhnent wil;iin fl�u�ty
(30) days after. the end of the Contract'Term, '1'he failu�•e o1' Su6reci�ietit to provide 1 full accounting of all fi�nds
expended under this Gontract within sixly (60} day5 shall be sufficient reason f'or llep�rt�nent to deny or tertninate
any f'uture contracts with Subre�ipie��t. lf this Contrnet provides assist��ce for renovaiicm, rehabilifati�n, or
conversion, in addiiion ia the electa•onic fittal report, Subrecipient shall subi��it covee pfaotogr��hs ol'the finished
consiruction work, and veri�cation of passecl ins�ections in the foc7n of certificate occupancy.
F. Subeecipie�it sh�ll subinit to .Depaa'tment uo ]ater than sixty (60) days after ihe tcr�t�inaiion of tl�is Co��tract a
cumulative inventory report oFali equip�nenk havin� aLinit aequisilion cost of$500 or moA�e, acquired inwhaie or iE�
pai�t wit}i fw�ds �•eceived under this or previous }^.SG contracts. Upo�i the tr.rcr�ination of tfiis Conh�f�ct, llepa��tmec�t
n�ay U•ai�sfer title to any eqtiipanent to tl�e .De�arhnent or ta any other entity z�eceiving T,SG funds from the
Dcparfntent.
F. If Subrecipient faits to submit within foi�ty-iive (4S) days of iis due date, any z�eport or respoatse �-eyuired by this
Contract, including respoi7ses to monitoring reports, Deparlment m�y, in its sole discA�etion, suspend payments, place
SubrE�cipie�it ota cast reimburse�nent meQ7od of payment, and initiate prooeedings to terminate the Contract. If
SubA'ecipietit receivas F.,SG fiinds t�rom Uepat�tme�rt over iwo oc more Cotitruct'f'erms, tertxiinatia�i proceedings may
be initiateci o» this Cnntract for St�brec[pient's failure to submit a report, incfud'vig an audit re.poi•t, past due from a
�eior conti•act.
G. Suba�ecipienCshail p►tivicte the Depa�ttt�ent with a Data Universal Nuinbering System (Dt]NS) numbec and a Cent�•ai
Contractor Registralion (CCR) System nu�nber. 'T'he DUNS nu�nber must be provided in a document irom Dun flnd
I�rAds�reet a��d the cnrrent CCR numbe�� must be submitted frUm a document reU•ievcxi fcom tl�e
https://www.sa�n.gov/porta[/publiclSnM/ website, '�}�e.se documents must be provided to ihc Depariment p��ioc to the
processin�, first payment to Subrecipient. Sitarecipic�it sha(I maintain a cucrent DUNS ni�nnber and CC12 number For
fhe entire Contt•act 7'e��in.
Page 6 of 22
�CCTIOJY 13. CHAIVGI+:� AND AM�;NDMr]�T�
A. Airy ch�vige, ac}difion, or deletion to the tenns of fliis Contract roquired by a change in stale or fedu•al 11w or
re:gulation is automatically incarporated he��eir� a�id is effective on tl3e date designat�d by such faw or regulations,
I3, Bxcept as specifically pi•ovidecl otlterwise in ihis Conlract, any changes, addii�ons, �r deletions io the terins of tEfis
Conti'act sltatl be iat vvrititt� Aad executed by both P�riies to this Confract. If airy Party ret.ui•its a►� executed copy by
facsimi [e machiae or e1ec1�'onic tra��sinission, ihe signing p�u�ty intends the copy of its autl�ocirui signature prirrted by
ihe receivi��}� tnaChine or 11ie elecfronic tt�ansmission, to be itsori�inal signaturc.
C. Wriiten raquests for Co�rtract �amendment must bc rec:eived by the .�epnilinent by �to late�� thaf� sixty (60) clays prio.r to
tlae end af the Cnnh•aet Ter�n.
SECTIUN 14. PRUGRAM INCOME
E1, .Progeam income includes any gross income received by tlie Subrecipient directly generEited by a grant sup�orted
activity, or exrned onl y as a resull af tha gratit agreement durin� tlie �c�u�t period,
13, ln ac�out�ting for probra�n income, the Sub�•ecipient ix�tist acc�irately rellect the re�cipt of such funds se��arate fi•om
dte receipt of federal funds a�ld Sub�•eci�ient tirnds.
C. Probca�n income ea�•ned dur.ing the �'.SCi Cnntcact Terin sl�all co�mt towACo meetirig tl�e Suhrecipieizt's in�tc��ing
rc.c�uirements durin�; ihe Contr�act Term and sl�ould bc t�epotied as match, provided tl�e cos�ts �re c;li�ible I3SG costs
diat supplementihe Subrecipient's ISG progcun.
U. Progr�n u�come received by lhe Suf}recipient during the two (2) years lollowing the et�d of the Cont�act Terita mtast
be returned to the Depa�•tment Program incocne must he returned within ten (10) working clays of 3�ecei�rt by the
Subrecipient.
E. Progr�n ineotne received by ehe Subcocipienf after the twn (2) yea�� period deseribed in subsection (d) of di.is sec:tion
li�s expired, can 6a retained 6y tlae Subrecipient.
SI�rTION 15. TI�C�1NiCAl� GUInANC�
Departme.ni �uay issue technica( guidance to explt�in the rules atad p�'avidc directions on terms of this Cotttract.
SECTIUN 1G. INDI,Pr.ND['.NT�[IBRCCII'1C:NT
lt is a�;reed that Depa��rne��t is contracting with Subrecipient as a�� independent cotitractor. Subrecipient �cees ta
indemE�ify Depa��tnent againsf any disallowed costs or other claims whi.ch may be asserted by any tliird pa�•ty in
connu;tion with the seivices to be perfoi�ined by Subrecipient under this Co.nh�act.
SI?CTtUN 1'7. I'ROCOlt1.MCNT STANDATtUS
A. Subrecipient s11s11 comply with 24 C.T�.R 1'ai�k 84, tliis Contraet, �iI1CI ElI) a�J�I1Ci1bIE fectcral, sYate, and local laws,
regulations, �uzd oa•dinances for m�lcing procurements under Uiis Contract.
I3. When the Sub��ecipient no longer needs equipment purchasecl with FSG grant funds, regardless of piircl�ase peice, or
U�J011 t�1C C�3'1Tlltic�il01] O� tIlIS COIIU'�Ct� Uepartment may tdke possession ax�d transfe�• title to any such property or
equipment to fhe Depariment or to a ihird party or �nay seek reimbtresemenk fi�om Subrecipient of flie currenf unit
price of the item of equipment, in L?epartment's sole deterininaiion, Subrec.ipient must request permission fi•om the
Depactmenf fa t�'ansfer tit[e oe dispose of equipmc:nt pux�chased with L;SG gr�ult funds.
C, Subrecipients anci iheir contraetors must comply with Section 6002 of the SoEid Waste Disposal Act whicli requires
procuring only ite►ns designated in the Envii�onment�l Protection Agency (��PA) guidelines th�i contain ihe highest
percent�c ofrecovered znaterials, Suhrecipienis �nustalso:
(1) maiixtain a satisfactory leve! af competition iffhe purchase pricc; of'the item cxceeds b10,000, or the value of �he
qaa��tity acquirecl itt the preceding fi scal yeae exceedecl $1 U,000,
(2) maximize energy at�d x•esource recoveiy when p��ocw�ing solid waste ma��abement services, �nd
(3) esta6lisl� a�� affirrnative procn��ement pro�;ram for recovered materials.
Pti�;e 7 of 22
�rc��4N.18. su��cotv�ra�c•rs
A. S�ibrecipietii may iiot subeontract the priu��uy performance af Niis Conh�act and only �nay enter into contraeival
�reetr�eatts for consultin� and othe�• prof'essioual services if Subrecipient has received Uepa►•kment's p�•ior writfieu
a�p�•oval. St�brec;ipiet�l may sabconh�aet for the dalivery of client lssistancc wit}►out obtainiE�� I)e��artment's prior
approval. Any subconu•ack for the delivery of client assistancc will be suUject to monito�•i�3g by the De�ariment as per
Sf:ction 26 of this cantract.
�3, In no event stiall �uly p�'OVISlOi] pf l}lIS S(:CftOtl, speci�c�111y the renttiremeart t��at 5ubrecipient obt��in Depa��rnenPs
prior wriiten approval oP a subcoitirf�ctor, be wnstc�ieci as relievin� Subrecipient of the responsibility for ensuriti�; tliat
the performa��ces rendered undei• all subcontt�acts are rendea•ed so as to cumply wiih �Il of the tei•ins of f��is Contract,
as if s�icl� pei�'ormAnces rendered r�t:re rendered by Su6recipient. Tx��tmenrs approvnl unclea• ihis Section does .not
constitute adoption, ��atiftcation, or acoeptanec of Subf�ecipient's or subconh�actor's perfo�•u�ancc here��nder.
Department maintains the right to xnanito�• and require 5labreeipient's fu{l compliance with ihc ter�ns of t�is Co.nt��act.
Deparhnen�s ap�roval u�ider tl�is Seetion cloes not waive any right of action which �nay exis�t or which may
subsec�uentfy accrue to Departtnent t�nde r th is Cont�•act.
SI;CTiUN 19. .�;�NV.(R4NiYI��17'AL 12EVITW
Activities aa•e subjeet to envicon�nental review in�der 24 C.�.R Pa�•t S8, J'he Sub�•ecipient sliall supply to the Depa�•tme�it
all avai I�ble, relev�urt information necess�uy ta pe�•form any envir<�nmei�tal rcview required for each px�ape�ty as requirul
by 24 C.f�.Ct. Pa��t. S8.
711e Subrc.�cipieat nr its s�iUcontracfor may not cUmmit or expend any GSG funds uc�til an erivironme�ital review th�t
meets the s�uid�u�ds outlined in 24 C.l�.I2. Part 5S has Ueen reviewed aaid appa•oved in v�n•iti��g by the De>>artment.
S1:CTIUN 20. W�tlT"i'T�:N STANDAI2DS
Subrecipient tnust establish and co�asistentl� apply written s�tandards within its prog�°am. Subrecipierlt rnt�st provide
'1'I)1-lCA a copy of the written standards pt•ior to conh�act execution. Requirecl topics for rnn�iEten standu�ds as listed o�3 24
C.I�,R §576.400(e) include:
A, Pai•ticipant eli�;ibility;
B. '1'ar�etin� and providin� esse�itial services for Sireek Outret�cl�;
C. Policies governing stays in �mer�ency Shclter;
T�. Policies gavecnulg essential sei�vices i•elated to Eme�•gency Shelter;
l;. Coordinatior� a►nong providers;
F'. Participant contriUutions fat• }�lomelessness Prevention and Itapid Re-Housin�; assista��ce;
G. Duration and amount of ��ental assistance;
H. I�rio��itizing receipt of Hon�eiessi�ess Prevention �nd Rarid Re-�-Io�}sing assistanc�; an.d
L Uuration and amount of housing stabili�aCion aiid/or c•elocation services.
SEC7'lON 2l. AUDI'l'
A. Siib►•ecipi�nt shall submit to Daparhnent, withi►a sixty {6Q) days after ihe end of each fiscal year, an Audit
Certification Fortn as speciFied by [)eparirnent for each fiscal ye�u� in which any month of the Subrecipient's fscal
yea�• Uverlaps a naontl� of the Conh•act Term. Unle�s otherwise directed by Uepartineni. Subrecipient shall a��range for
the pe��f�rmanca of an annual finu�cial and compliance audit of fuE�ds received and peefortn��ncss rendereci tmder this
Coniract, s�►bject to the iol[owing canditions a�id limiiations:
(1) Subrec:ipient shall have ait audit conducted in accordance witl� 24 C.F,it. §8S.2G, QM.E3 C;i.rcula�• A-133; and 31
�,1.S.C. 7501 for any of its fiscal yeaa•s includr.:d within the Cot�t►•act `l'erm in which Subrecipienf has expenses of
tnore tha�� $500,000 i�l state funds ar$SU0,000 in f�cic��al 6nancia] assis#uice provided by a federal �gency in the
fonn of br�nt�, contracts, loans, loan guarantees, property, coaperative agreements, inter�est subsidies, insur�uice
ar dit�ect appropriations, but does ��ot include direct %deral cash assistance to individuats. The tc:rm fe�ieral
frnaneial assistance inoludes awa�•ds ot' finaneial assistance reeeived directly fi�orn fecleral agencies, or indi��ectly
� througlt ofher units of Statc �rid loc;s�l govei�nment.
P��ge R c�f 22
(2) Su�recipiuit may uiili•r�e funds bt�d�efiecl uncler this Conh�act to pay for ihat poc•tion of the cost of such audit
seivices properly allocable to the activities funded by Lk;partinent under this Cont�act. '�'he cost of aiulitin�!
servic:es for a 5ubrecipieixt ex�ending less tha�t $500,000 iii total F�eciera[ awa�•ds per tisc�l year is i1Ql Fli1
al lowable charge under �ederal awards.
(3) IJriless otherwise specifica(ly auti�orized by Deparhnei�t itt writin�, Subre�ipient sl�all sub�nit t.wo (2) copies of
the audit repot�t. to the I�;paE�ment's Compkiance and Asset 4versi�ht Division rad one (1) co�y of the audit
r�ort to tl�e Depactment's Commu�uty Affairs Division within ihirty (30) days after complation of t��e audii, but
no later than nine (9} months after the end oP each fiscal period included within the period of lhis Contract.
Audiis perfbrmed undc►• this se�tidn a�•c subjec� to review and resoiutioi� of findit��s by thc Depa�•t�»e►�t or its
atithorized represeniative, Sub��ecipient sl�all sub�nit such audit re�orl ta the Fede�•al cle�u•inghouse desi�nated by
OMB in acc;orda►ac.e with C)Ml� Circular A-133.
(4) At tlie optinn of Subrecipi�nt each audit rec�uired by this sectiaa� znay covcr Subrecipie�it's enti�•e operatioc�s or
each clepa�-t�nent, age�icy, or est�3blishracitt of Subrecipientwhicli received, expended, ar otherwise adnainistcrcd
federal funds.
$. SuUsectian A of this Secfion 21 notwithstattdirag, ��epat�tn�ent resea�ves the right to coud�ict an annual financial and
complia��ce audit ot' fimds i�eceived atid perforinance.s rendeced unde�• this Coniraet, SubrecipienC Agrees to permit
I)eparUnent, or its auihorized represent�tive, to audit Subrecipient's records and to obt��tin any documents, yti��terials,
or information neeessary t�� facilitate suclx audit, Sucli financi�l and cotnplia�ice auciits may occur after tEle close c�f
the ConU�f�ct '1'erm.
C. Subrecipient underslands �nd �igcees tl�at it sh�{1 be liable io I)c;pa�•hnent for airy costs disal lowed pursuantto fi�ianci�l
and compliance audit(s) af funcis z�eceived under this Contract, Subrecipient further undersEands �u1d agra;s tiial
reim6uisenient to Depa�t�nent �f such disallor�cl costs shall be paid by Subreoipient fi•om funds which were not
provideci or otherwisc made av ailable to Subreeipient uncler d�is Contraci,
I). Suhrecipie�it shaf{ take such acti�n to facilitate the perfa•in�t�ce oi sucll audit or �udits conducted pu►suat7t to this
section as L�c:pa►'tcneut may requi�'e of Slibrecipieitt.
Fi, All approvcd �,SG audit reports shalt be made available for public i nspectioE� within thi�4y (30) clays after comE�letion
of fl�e attdit.
T'. "]1�e Sub�•ecipient shall include l�►ig�aage in any siibcontr�ct that provides the �)ep�u-tment the ability to c3irectly
review, monitor, 811dI01' tlU(�Il lI1C 0�)CTakional ��nd financial pei�formance and/o�• re�ords of work perforn�ed unde�� this
Contract.
G. T)epartment reset�vesthe ri�ht to eonduet additiw�al audits oftl�e funds recaived and pec•fo►•�nances renderecl under this
Contract. Subrecipient A�;rees to permit Dep�u�tment or its authorized represe�atative to audit Subt•ecipisnt's records
and to obtain any docuinents, �naterials, o�' informatiori i�ecessary to facilitate sucl� audit.
SECTION 22. MANAGI;IVi�NT UT' LQl)�I'�(VI�NT ANll INVENTURY
A. Subrt;ci}�ieni sh�ll comply with OMl3 Cii�cular A-102, 24 C.r.IZ. �§85.32 - 85.34 and l0 TAC 5.09- 5.10.
T�. Subrecipient may nat use funds provided uuder this Contract to purchase pe�;�onal property, equi�ment, goods, or
services wiNi a unit acquisifion cost (the net invoice uuit price of an item of equipment) of more t}�an �500AU unless
SuUt�ecipient has rc:ceived the prior wi•itten approval of.t)epa��tme��t for such �urchase.
C. Upon tk�e termination or non-reizewal of t}�is Contraot, .Departme��t may h•ansfer titic to any such property w•
equipEnent having a useful life of one year or more ar a un it �c:c�uisitian wst {the net invoice uj�it price of �n item o f
equipment) of $500.00 or anore to itself or to any other e�itity tr,ceiving Ue�arGnent funding.
�S�CTION 23. TRAV CL
Subrecipie�rt shalt adl�ere to OMB Circula►• A-87 and cither its Uoat•d-appeoved travel policy, ar the State of Texas t;�ave]
policies. Subrecipieni's writtejy travel palicy sl��ll delir�eale the rates wltic}� Sub►•ecipient s}tall tise in compu#in� Qie
trave( a��d ��er diem expenses of its botud members and employee:s.
Pabe 9 oF 22
�Ii:(~,T`IQN �4. I3VSEIRAN(�L AND �-30NDtlVG K�QCJIi2[�M['sN7'S
Subrecipientshal[ maint�inadequate personal inju�y andproperty daningeliability insurance or, if'SuUrecipient is a unit
of local goveriimenf, shall maintain sufficient reseiwes to protecf ag�inst the haz�u�ds u�ising out of or in cannection with
the perFonna�ice of tliis C',ontract. Subrecipient is eneoura�;ed to obtain pollution occtirrence insm•ance i�� addition to lhe
�eneral liability insw�ance. Generally, re�;ufar liabitity insurance policies do not provicie coverage for patei�tial effects of
many health and safety m�sures, such as le�d distui�banccs and ott�er pollutia�� occurrence items. Subrecipient shoExld
r•eview existing policies to determine if lead contamination is cove►•ed.
If Subreeipieni: wil! enter into a construction contraci with a third-p��ty in the �nount $25,000 of �;re;ater, Subrecipienl
rnust execuie wid� the con�'�etor a p�ytnent boncl in the: fiifl a�nount of the cc7ntract. If Qte Subrecipient wil► ettter into
c;oniract with a prime contz�actor in excess of $100,000, a pe►•fo��mzuice Uond in the full �unount af the eonfirlet is also
reciuirec�. '.Il�ese bonds must be executed by a eorpnrafe surcty authori�.ed to do buslness in '('exas, a f ist of wl�ieli may be
obtained fi�om the StAte lnsura�ice De�artmenl Such assnra��ces of cornplEtion will ruri to the Depa��knenl as obligce �ld
must be documented prior to the sta�•t of consb�uction.
S�CTCON 2�. LITICYATtOI�I AND CLAlMS
Subrocipieiitshall give D�partmtr�t immedi�te written uotice of a�ry ckairn ar aclioF� filed with a court or xd►ninist�•ativc
agency abainst Subrecipient and arisul6 out of tlie perf'ormattce of this Cc�ntract or ��y subcontract hereu�tde�'.
Sabrecipient shall fin•nish to Department copies of all pe3�finex�t pape��s ceceiveci by Subr�;cipient with a�t�5pect to such
action or claim,
SI+�CT�ON ZG. TP.CHNICAL ASSISTANC� AND MONIT�RING
Depai�tment or its desi�nec may conduct periodic o�t or off-site �nonitocing ai3d evaluation of the efficiency, ec;onomy,
2nd efficacy of Subrecipieiat's performance of tfais Conh'aci. Depat�tinent will advise 5ubj•ecipient iii writi�ig of �uiy
deficicneies noted duri��g such monitoring. Uepa�t�nettt will peovidc technical assistanee to Sub�•ecipient and wi11 rt:quire
or sug�;est changes in Subrecipient's progctun implementation or iii Subrecipient's accounting, persot�nel, �rocurement,
and manabe►aient procedn��es in order to correct any deficieiicies noted. Depai�tment ntay conduct follow-up visits to
review and asst;ss tUe effot�ts SuUrecipient htis made to correet previously cioteii deficiencies, l�ep�rtme�3t may place
Siab�•ec:ipie�it on a cost ��eimburscment niefhod of p�ymenf, suspend or termin�te this Contract, o►� i«voke other remedic:s
in the eveirt monitorin� ar otiiee reli�bie sources reveal �natecial defciencies in SubreeipienYs performancc or if
Subrecipient fails to correct a�iy deficiency within tl�etime ailoweci by feclexal or sl�te {aw or ��e�ulaiion or by d�e tertns
oFthis Cont��act,
SEGTiON 27. L�GAI. AUTH()R1.TY
A. Subrecipieni ass�ires and guarflntees that it possesses tlie tegal suthority w entea• into this Contract, to receive and
manage the funds authorized by tl�is Co�iU•act, and to perform tlie services Subrecipient I�as obligated itselfto perforin
hereundea•. `I'}ie execution, delivery, a�id perform�uice of this Co»tract will not violate Sub�•�:cipient's wnstitutive
dncuments or finy requirement to wiiich Subrecipient is subject and represents the le�;al, valid, and binding agreeu�ent
of SubF•ecipienf, etaforceabJe in accordanee with iis tectns.
B. Tf�e petson signing this Contract on behalf of 5ubrccipient hereby wat���►�ts that hc/she has been duly authorized by
Subrecipiet7@s governin�; board to exeouie tllis ConU•act on behalf of Subrecipient and to validly ��d lega[ly bind
Subreci�ieirt tp the terms, p��avisions and perfoimtulccs herein.
C. Depatfirnent sttafl liave the t�ight to terminate this Cont��act if there is a dispute as to the lebaf authority af eithec•
Subrccipieitt or the person signing this Confract on behalf of Subrecipiei3t ta entcr inta this Contract or to rendcr
peA�formances hereunder. Subrecipicnt is liable to Department for �uty rnoney it has rec;eived fi•om Depu•tment for
performuice of the proviSions of this Con�Z'act, if the Uepattn�cnt �ias termii7ate;d this Contraet for rc;asons c�numerated
in ihis Section 27.
,ST:CTIUN 28. Cf)MPLIAIVCE W�T.f� LAWg
A. F�iD�RAL, S'T,.Y.,,A'i�f.; ANll LOCA�, _I.AW_ Subrecipie��t shall comply wzth tl�e McKinney-Vento I3oaz�elessness
Assistanc� /1ct, the fedeeal ��ules and regidaiions promulgated uncter 24 C,r�.It. Parts 58, 8�, 91, 576, S82 and 583,
Titte 10 of the Texas Adminisa•ative Code, and a(1 fec3eral, stafe, and loca) laws and re�ulations app(icable to the
performance oftl�is Contract.
Pa�;e 10 of 22
�3, DRUG-FRh,L WQRKP(wACE, AC7' UF 1.98i3, `fhe Subrecipient aff�rins by signi��g this u�ntract that it is
im��lementing the Drug-P'ree Workplace Act of 1988 (�1 OSG 701 ,et seq.).
G. L[M[TFD }:NGI 1SH PROFICIGNCY_,�I.�,fs . Subrecipients must provide pt•o�;ram �pplications, foi�ms, .ind
ulucatior�al �naterials in Englisl3, Spa�iish, �xl a1�y apprapriate I�ngua�,e, b��sed on the needs of the service a�•ea a�id iu
c:ompliancewilh the ra{uirements in �;xecutive Orcier 131G6 of August 11, 20U0 reprinted at GS F.R 5012],Aug��st
16, 2000 improving Acce�ss to Services with l,i��xited Gnglish Praficiency {LF�P) at 67 P,Lt. �14SS, To ensure
complia��ee, the Subrecipier�t mt�st take res�sanablc: steps to insure that persons with I,imited I;nglish Profieieney have
tneanu�gfuf ac;c;ess to the probram. Meanin�f'ul ac;cess may entail provide lan�;ua�e assis�nce serviees, including oial
�uid writte�iiranslafiao, where necessary,
D, ACCESS. Subrecipi�nt must meet ihe accessibility st�ridnrds under Sactio�i 504 of the Rehabilitation Act of 1973 (5
U.S.C. '794) a�id its i�nplen�enti►�g re�;ul�tioiis at 2a C.F.It Part 8, Tlie i'aic ilousing Act (42 U.S.C. 3601 ei seq.) and
Titles Il. and I[1 oftheAir►erica�is with TJisabillties Act (42 U.S.C. §§ 12131-12I89, 47 U,S.C. 155, 201, 218 a�id 255).
Subrecipients shall aperatc c:ach progr�m or activity receivit�g I'SU f►nancial assistance so tl�ai 11ta pro�;ra�n ot�
activity, when viewed in its enti►•ety, is readily accessib�e and usable by i�idividuais with disabilities. Subreci�ients
a��e also reqiiircd to provide rcasonable acco�nrnodations for persans with disabilities.
F. LFsAD: L,esd-b�sed paint �•emecliation �nd diselastin•e applies to al] f:SG-lunded s3ielters tt�ld ail housin� oeeupiect Uy
LSG p�u•ticip��ts. 'll�e l�ead-i3asc:d i'�i�it I'oiso��in�; Prevention Act {42 U.S.C. 4821-�4846), thc Itesidentia]
Lc:ad-C3ased f�aicit 1-Iazsu•d IZeduction Act of 1y92 (42 U.S,C 4851-485G), and tl�e relevant subparl;s af' the
implerneniing +'e�;ulations at 24 C.��,lt. Part 3S, Subpai�ts A, B, H, J, K, M a�td R�apply lo activities i�nder fhis �ranl
pr•ubraro. The Su6recipit;nt must also comply with thc L,ead, Ret�ovation, Repair, and Painting Prn�ra�n I'itial Ctule, 40
C.I':R, Pac�t745, where applicable.
�I:CTTON 2�. VYt�;'V�NTION U�' WASTE, FRAUD, �AAI�(D AT3USf��
A. Subrecipient shall establisli, tnainCain, and utilia�e systeti-�s and procedures to prevent, detect, arad correct wasle, fi•aud,
and abuse in activiti�;s fundui under this Coulraci, 77ie systems and pE•ocedures sh�ll address possible waste, fraud,
��d abuse by Subrecipient, ils �mplayees, clieatits, vendors, subcantractors aud administeeltl� c1�C�1Clt`S. Subrec;ipient's
inte��na] conh•ols systems and a�l transactions and otlier significant evet�ts a�•e to be cle<zrly documented, and thc:
dQCwneufation is to be readily a�ailable for mouitorit�g by T?epa�•tmenl,
�3. Subrecipient sh111 give Dep�c�c�nent co�nplete access to all oF its i•ecorcis, employees, and ager�ts for the pw•pose of
monitoring or investigatin� the k�:SG progra►n. Subre.cipient shall irnmecliately nofify Department of a�ty discovery of
waste, fraud, o�• aUuse. SuUrecipient shall fully cooperate witl� Deparlmen£s efFor�s to detect, i�ivesti�ate, and preveiat
waste, fi'aud, and abuse.
C. SuUrecipicntniay not discriminate against a�ry employee or other person who repot•ts a violation af the tertns oftihis
Contract, o�� of any law or regulation, to llep�u•lment or to any appropriate law enforcei��eE�t autllo��ity, if'the report is
made in goocl faidt.
S(�CTTt)N 30. Cl!:RTIFICATION RT:CARDING UNDOCUMf�NTED WORKLItS
I'ursuani to Chapter 22�4 of ihe Texas Government Code, Uy exc�utinn of this Cont�act, Subrecipient heeeby ceetifes
tii�t Sub.reci�ient, or a braneli, ciivision, or depaa�lment of Subrecipient dnes izot and will not knowingly employ ui
undocumented worker, where "undocumented worker" me�u�s an individual who, at fl�e time of emplayment, is not
lawfully admitteci for permanent residence to tlie United States o►• aud�ori��ed unde�� law fo be einployecl in that mannei• in
the United States. lf, after receiving apublic subsidy, Subrecipient or a branch, division, or department of Subrecipient
is convicted of a violation under 8 U.S.C. Section 1324a (�, Sub►•ecipient shall t�:pay the pablic subsidy with interest, at
tlte E�ate of five percent (5%} pe�• amaum, not later than tl�c 120th day after the date the Depar#ment notifies Subrocipient
of tl�e vi�lation.
l�a�e 1 J cif 22
SI,C'I'ION 3l. CON�'LiC'T' UI� IN'1'CR[,ST/Nl�l'OT14M
A. SubE•eci��ient shall �nainf��i�i writtet� sG3ndards of conducf gove��iiiug ihe �erformance of its e�nployees eng��ed in the
aw�rd and ad�ninist�•ation of contrftcts. laailure to tnai ntain written stuidards of ca+iduci atad to fol low and enforce the
written standards is a conciiftan of default uf�de�� this Cont��act and may ��esult in tertninafioEi of fhe Co�ih�act or
deobfigltioti of f.'uiids,
�3. Na emplayee, off`ieer, or agent of Subrecipient shall p�rticipate in the seiection, award, or adminisiratioii of a contract
sup{�orted by fede�•a) funds if � ec:Al or appa�•ent canflict of intere:st wauld be involved. Such a canflict would �rise
when the employc.�:, ot�icer, or agent, any me�nber. of Ezis or lier immediate fa�nily, l�is or l��r pai�tt�er, or ftn
organi7�iiion which employs o�� is aboF►f to einploy any of t{ie I'arties yndicated herein, has a fina��cial oa• othec interest
in �he fii�m selected for a�i award. This also applies to tlie pracurement of �oods and se��vicRS under 24 C.I��.R Pa��t
8536.
C, "Fhe office►•s, employees, az�d �;ents of the Subcecipient shall neitiie�� solicit nor accept gratuities, favors, or anytl�it7g
of nio�leta�y value fi�om conh�actars, or parties to suba�reements. Su6recipietits may set stancia��ds for situatians in
which the finaneial interest is t�ot subsh�ntial orthe gift is an unsolicited item of nominal value. '1'he st�ndu•ds of
cor�duct sliall provide for discipli��a�y actions to be applied forviolationsof s��chst�u�dards by office�s, employees, or
agants of the Sub��ecipiecit. '
p. Subrecipients who are focal governmc:rrial ertilities shall, in adc�itioi� to d�e requirements af tl�is Section, follow the
r�uirements of Cha�ter 17] of the 1.ocal Covernment Code re�arclinb conflicLs of interest of of'ficers of
municipali�ies, counfies, And ceetaitt other local gove►�nments.
E. The provisicm of' any type a• amaunt of ESG a�sistance may not be conditior�eci on an individual's oc family's
acceptance o�• oc;cupancy of eii3ergency sheltei• or iiousin� owned Uy tl�e reci�ient, �}ie Subrecipien�, or a pa��eni or
subsidiary ofthe Subrecipiettt.
T', No Suhrecipient �nay, with respect fo individuals oa� f�rnilies occupyi�z� liousing owned by the Subrecipie�rt, or �uiy
parenf or subsidiary af the Subrecipie.nt, carry oui Hte initial evaluatio�a requir�d urider §57G.401 of ihe ESG
Re�;ulations or adir�inis�te�� ho�nclesstacss prevu►tion assisi�nce iia�dcr §576.103 of the i;SG Regulajions.
SCCTION 32. POI,I'C`I:CAI. ACTIVYTX 1'RUHIT3IT'Cll
A. None of the funds provided uc�der this ConU•act shall 6e used for influencin� dia outcome of zny election, or the
passage or clefeat of any legisl�ttive measure. TI71S ])1'Oi11biSIP11 Si181I not be construed to prevent a�ry o#�icial or
employee of Subrecipient fi�o.m furnishing to any .member of its �ovea•tiing body upnn i�eyuest, or to a�ry other 1 ocal ar
state official o►• exnployeo or to any citizen inforination in the hands of the employee or official �iot considered under
l�wtu bc confidential infortnation. Any aciion faken against �ua employee or official foe supplyir� such information
shatl subject the person initiatin�; the action to itn�nediata dismiss�l from employment.
B. No funds pruvidec{ uadar this Contract may be used diN�ectly or i��directly tn hire employees or in any ather way fund
o�• support candidates for the legislative, executive, or judiciat br�nclies of govermnent af Subreci�ient, the Stat� of
'1'exas, or the govei��i�nent of tiie United States.
�F�CTIUN 33. NC)N-llI�CR1MINAT.IUIY AND EQUAL ()C'rORTUNITY
A, A person sl�al( itot be excludeci fi�oin p�u-ticipatio�� in, be denied the 6encfits�f, be subjected to disci•iminatioii unde��,
oa� be denied employ�nenl in the aciministration of or in eonnection wi€h any program or activity fiindecl iai wholc or in
pai�twifh funds made avt�ifable underthis Contract, on the grounds ofrace, color, reli�;ion, sex, natio►�al ori�;in, age,
disability, pol itical affiliation or belief..
li. Subrecipient ab�•ees to carry out an Equal Empinyment �ppoitunity ��o�ram in keepiitg with the principles as
providul in I��esident's l;xecutive Orrlet• l 1246 of Septembe�• 24, 19G5.
C. Subrecipient will ittclude ihe substance of Seccion 33 in all subcontracts.
l'age 12 of 22
sLC7,ioN sa. cr<.a��'II+ICA`[•�o�v aircARt���c cr,�►iTATI� 1)ISAS7��,a �ir�,��:� co�v�•uAr_�r�
'll�e lle�artmeut �nay nof awEird a Contract thnt incl udes proposed fi naiacial pa��ticipatioi� by a pe�,�n wk�o, cluriE�� the five
yea�• period precedii�g t[ie date of this Contract, has bee►i convicted of violating a federal law in aantiectio�i witi� a
conG•aci awarded by tlie federa3 �;over��ment for i�elief, recoveiy, or reconstruction effoxts 1s a result of 1•Iurrica��e Tti(�, as
defined by Section 39.459, Utilities Codc, Hurricane Katrina, or any otf7er disastcr occurring after Septembe�� 24, 2005;
01• assessed a peualty in a fedecal, civil or ad�ninislt�ative esiforee�nent actiot� i�� corinectio�x with a cot�#ract awuded by tl�e
feder�l boverntnent for x�elief, recoveiy, or reconstructioci effoi�ts as a result of l�wrica��e Rita, as defined by Sectio�i
39,459, lltilities Code, F-lurricatte .Katrina, oz� any otlier di�ster occurring after September 24, 2005.
By execuiian of ihis Contiact, the Subrecipient laereby ce��tifies H�at it is eligible to pa�•ticipate in ESG and ackno��kedges
dlat this Gonh�act may be ierfninated �►nd ��ayment wid�helci i�ifais certific7tion is ivaccurate.
Sk,CTION 35. C.CR'I'IFICATION ItGGARDl1YC. MAiNTENANCE O.F �+'.FF'OIi.T
Func]s provided to Subrecipient under ihis Cont�•fict may not be substitufe,cl for funds or resou��ces from any ather source
or in any way setve to i•educe tlie funds nf• i�esources which would l�ave been availa�le to or provided thcough
Subrec;ipient had this Contract nevcr Uee�i executed.
,SI:CTIUN 3G. I)�BARIt�D AND SUSP�NllI:D 1'ARTICS
�jl Sl�fllil� �I11S COlttl'AC� SUbI'ECI�.tCll� C4Ytl(1B5 tllilf 1lCl�I�C1' It t10C it5 CUI't'etlf �1'1RCI�JIO �)FU'f.It:S al0111C�11(�t(� 111 tF►C EXCIUC�E'.C�
i'artif;s .Lisl System (EPI,S) maintained by the (;et�eral iervices Admi��istration {GSA). Subrecipient also c;erNfi�s tb3t it
will not awa►�cl any funds providui by this Co��tract to a�iy party di�t is deb�rred, siaspended, or otherwise excluded frbm
or xrteligible for parUci�ation in fede�•al assistance programs under �xecutive �'dea• 12549. Subreaipientagrees thaf prioi�
to e�ttering into any agreeanent witti a patential sul�coiltractor #haC the vei•ification proce�s to comply with i�iis
require�nent will be accomplished by checkiu�; the Excluded 1'arties List Sys�em at htt}�://www.epls.gov/ o�� by collecting
a cei�tificAtion fi•om the potential subcont��HCtar.
SECTI4N 3'%. S�'�CIAL CONU�7'IONS
A. Depa��mentshall not release any fiirids undea•iltis Cot�tractuntil i�p�u�tment hasde#ermined that Sub�•eaipienNs fiscal
conh•ol ancl #imd accountin� proce:du�•es ac�e adequ�lie to assw•e #he proper disbursal of and acaouniing for such iunds.
X3, Depai�neni sl�all no� release any funcfs uuder t{iis Coiih•act until pe�3a��tment IiKS �•ec,�ived a properly coznpletcd Direci
Deposit Auihorization focm fi'om Subrecipiet�t.
C, Subrecipient shatl obligate {as sucll term is defined in 24 C,I'.R. §576,203) all funds p►•avided uuder this Cont��act
r�vithin 120 days as of thc date in Subrecipient's awaed lettea•. De�ai�Unenk wilk rec:�pture any funds not sa obligated.
D. Subt'ecipient shall ensure tliat any buiidin� reha6ilitated wiih fUnds providecl under this Conh�aet is maintain�cl as a
sheifer for the homeless For not less t6an a three (3)-yev pe►•iod or foi• not less th�� � ten {10)-year pe�•iod if such
funds u•e used for major rehabilit<<tia�i or conversion of ihe building. The applicable period sl�all be calculated in
accordance with 24 CI�.R. §57G.
i,. If Sub��ecipient uses funds received under this Gontract to peovicie e�sential servic:es, hotneless prevec�tiot�, oz'
n�ai�ite��ance and operating costs, the activities mus�t be ca�•ried c�ut u�rtil all of the funds made nvaalabfe under this
Contr�et for stich activities are expended o�• for fl�e Conf�•aet Tera�, wlyichever is shatter. Subrecipient rnay iise one ot•
more sites ox s2ntetures to c��iy out th� aotivities but it musl seive tlae same general populaiion, 'The "sline general
population" means the typa5 of home]ess persons oeiginally sei�v�d with the fiinds or persons in the sa�ne geo�x'aphical
a�•ea,
F. Subrec�piea�t shall make kaown that use of the faci lities and services funded undor i�►is Coyrtract a�•e available to all on
a no�idiscriinin�tory basis. Subreci{�ient atso must adopi atid i�nplement procedures designed to make available to
interes�ed persons in�o►-mation amcen�inb tl7e exisience and loc��tion af services a�zci faci[ities that �re aoc:essible to
persons with a disabilily.
G, Subrecipient shalf aclmi��ister, in good faith, a policy designed to eE�sure that its hflmeless facility is fi�ec fro�n the
ille�al use, possessiori, ar• distribution of dcugs oi• alcohol.
Page 13 of 22
FL I�or any ESG aelivities that wot3ld result in the clisplacement of persons c�r busin�.sses, Subrt:cipieilt must follow
Uuiform �telocatioa Assist�u�ceand lteal Property Acquisition PoliciesAct. of 1970 (42 iJ.S,C. § 4201 - 4C55) (C1RA)
�id its implementing regulations at49 C.I'.R .Part24, Subpa��t�3, and 11UD Ha��dbaok 1378.
1. Subrecipient shall, to tite maxunum exfent practicaUJe, involve, �lCQll��l e�nploy�neut, volu�ateer seivices, or
oiherwise, homelessindividualsand f'a�nilies iii constructirig, renovatian, tnai�rtaining, and opecating facilities assisied
�uyder this Co�rtract, in providin� services assisted u«der this C�ntr��ct, and in ��roviding services for occupa��ts of
facilities ��ssisted under this Contracf.
J. Subrecipie��ts utiliziitg FsSG f�mds fo�� ��enov�lion, re�air, i•ehabilitatlo��, or coifversion of buildings ��c responsible for
wmpaiance witli 24 G�'.R Part 135, refer�'e:cl to as "Sc.ction 3," and shalJ include the clauses listed in §135.38 iu alI
subconti•acts eovered by Seetion 3. Homeless i�aclividuAis have �riority ovee Section 3 resicients.
K. If Subti•ec;ipie�it intends to px•ovide eanergcncy shelter for hameless pecsons in faotels or motels, or other commercial
facifif'tes proviciiiig iransient housing, Subreci�ient �x�ust provide tlte Depa��tment wid� a cec�#ification that; (f ) leases
nego#iated between Subcecipient and providers o� st�ch housing peovide or wili provide that the livi��g space wi116e
rented at substantially less thatthe daily room rate otherwise cha���ed by the faci(ily; and (2) the Subrecipient has
considered otlter facilities as emergency sheli�r, anci has deterininecl thal use of the facilities provides the most
cost-ef�'ec;tive m�ar►s cif providin� emer�;eney shelter in its sea•vice area.
i.,, 5ubrecipierrt shall develop aa.id im�leinent procedures to ensure the confidentiality of records �70i'fcllrilh�, t4 ally
individual provided f�nily viole��ce pz•eventioil or treatment services uiider any �rojcat assistc;cl under tl�is Contract,
a�td ihat ihe add��ss or7oc�ltion of a��y family violei�ce shellei� projeci assisted will, exceptwith w+•itten authorization
of tl�e ��er�n or perscros �•esponsible f�r the opera#i on of such sl�elte�', not be made publ ic,
M.Sub��ecipieni shall ensure that any building for which ESG amounis a�•e used for renovation, cAnversion, or major
reltabilitation must meet loca[ �overnment safety and sanitation sta�idarc3s a�id shelter and 1�ousing sta�idards as
outlined in §576.403 of tl�e LSG Regulations,
N. None o�the funds provided undea• tklis Contract may be usecl in c:onneetion with aiiy dwellinb unit unlf:ss the unit is
�rotected by a hai•d-�vired or baite�y-operateti smoke detector installed in accorda��ec: wiUt National Fire Rrotection
Association St�uidu�d 74.
SI;C�'I()N 38. N(? WA�VI+'.R
�ny ri�ht or remedy given to Depa��Unent by this Contract sha�l not preclude t��e existea�c;e of any od�e�� ri�ht or remedy;
�teither shall Any action taken iu tE�e exercise of any ri�lit or retnedy be deemed a waiver of any other right or remuty.
Tlie failure of Departmentto exercise a��y ri�hior remedy on flny occasion shall �iot constitute a waiver ofi)epa�•tment's
ri�ht to exercisc that or any other right o►� 3�emedy at a i aker time.
Si:C I'YON 3I. OYtAI. ANll W.RiTT�N AGRCT�M�;N'�'S
A. All orui atid written �reeinents befween d�e parti�s to this Conh�act relatin� to the subject matter af this Conf�•act have
been reducc:d to wj�iting and are contained iri this Cont�•acfi.
�3. 7'�e atiachments eniimet�ted xnd dei�ominated below are a pa��t of this Contract ancl constitute promised perForinanc,�;s
under ihis Cantrlct;
l, Exhibit A- Performance Document �
2. I:xhibit F3 � Bud�;et
3. taxhibit C- Match Requirements Document
4. �,xhibit U- Applicable Laws and Re};ulations
S. E�chibit �- Ce��t.ification IYegardin�; l.obbying for Conn•acts, G�•ants, L,oans, and C:oaperative A�reernents
�CCI'XUN a0. SX.V.i:RABIIaiTY
If'any section or provisinn ofthis Contract is held to 6e iuvalid or unenforceable by a courtor an adminisirative tribunal
of compefent jurisdiction, the remai�ider shall rerriainvfilid and bindit�g.
pa�;e l4 of 22
SI�C`CION 4l. COI'YR1C;H`C
Subrcoipient may copyright mate��ials developed iit the pet'formance of this Contract or with funds expe�tcic:d urlder tl�is
Coi�tract. llepai�t�nent �nd i-1lJDshall each have a royalty-free, notiexclusive, and 'u•revocable rightto i�eproduce, publish,
vr otherwise ti►se, a�id to authai�ize oihers to use, the copyri�ltted work for gov�:�•nmei�t pur�oses,
SEC'i'ION a2. US� OC� ALCUHO�,IC B�VT.RAC�S
i�unds provided under fliis Conkract �n�y not be used for fhe payment of sala��ies to any SubrecipiertYs employees v��ho �ise
alcoholic l�eve��ages while on active duty, for kr�vel oxpenses expencled #i�c alcohofic beverlges, or for the �}urchasY; of
alcof�ol ic bevera�es.
�PCT[ON 43. TAITH �3ASk D AIVD S�CTARIAN ACTIVITY
Funds provided undec this Contract may not be us�d for seckarian or laaharently religiaus activiiies such as worship,
religiaus iustruction or pa•oseiytization, aczd must be for the benefit of pe�sons regardless of religious �ffiliaiion.
Subrecipient shall cofnply witl� #he regulations promul�ated at 24 C.�,lt. §5'76.40b.
SCCTION �64. F012CG MAJIJR�
If d�e obligations are delayed by flie %llowin�;, A�i ecluitable adjusUne�tt wil] be macie for delay or failure to perform
hereunder:
A. Any of tlie following events; (i) cafasttophic weather conditions or other extraordinaiy elements of nature or acts of
God; (ii) acts of wae (decl�u�ed o�• undeclarcd), (iii) acts of terrorism, insurrection, riots, civi] disc>rders, rebellion or
sabotage; a��d (iv) y��ar�iines, embargoes and othar simil�r unusual aetians of fede���l, provi��ciai, loca! or foreign
Goverrnnental Auiliorities; a�id
I3. The no�i-perfoc�n�ing pa�ty is without fault in causinb or fa+ling to peevent �t�e occw•cence of suc}i event, uld suc)i
occu�•��ence could not have bee�i cirou�nventecl by reasonable prec�autions �nd co�ild not have been prevented or
ciccumventcxl through the use of commercia.11y re<�sonable alternative seurces, work.around plans oi• athei• zneans.
SI:CTTON a5. T[ME 1� O�"T�� �+:SS�NC��
'l'itne is of tlte essc:nce witl� respe�tto Subrecipient's co�npliance; with all covenants, a�;ree��tc:nts, terms �u�d conditions of
this Coutraci.
�GCT10N 46. COUN7'F,RPA�2TS AIVD �'+'A,CSIMIL� SIGNATURF.S
This Contract may be executal in one or more counterparts e�ch of which sllalt be deemed �n ari�inal Uuk all o£which
t�gether shail a�nstitute one a�id the sa�ne insri�wnent. Si�ned sig�iature pa#;es inay be h•ansmitted by facsi.mile or �theE•
electronic transmission, and any suck� si};nature shall have the saine le�al effect �.s an ori�;inal,
S�CTIUN 4'1. NUMB�R, G�NDER
llnless the context requires otherwise, the words of the ►na9culine gender sh��ll inclucie ihe feininine, and singular words
sl�All ineiude the plin�ll.
Pa�;e 15 of 22
scc��'[ON 48. �vo���icr
A. lf txotice is provided conc:erning tl�is ContracE, notioe ��ay be given at ihe folfowing (I�erein a�eferred to as "Notice
Address"):
As to 1)epat�tment:
`ff;RAS I)EPARTM�;N i' OF HUUSING AND COMMIJNITY nFFAIitS
P. 4. Box t 3941
Austin, '1'ex�s '7 87 l 1.-39A 1
Atterrtion: MichAel Ue Youn�
'1'elephone: (512) 475-2125
I�ax; (512) 475-3935
michael.dcyaung(cr�tdhca.sYate.tx.us
As to Sub�'ecipient:
City of..Denion
GOl �. .Hicicaty St�•eet, SuiCe 13
venton, TX 7G205
Attention: George Canlpbell, City Mana�;er
'fel�;phone: (9�10) 3�49-7'756 Fax: (940) 349-7'153 6mni1: �eorge.cainpbell(r�cityofdenCon.com
I3, All notices or other communieations heretander shali l�e deetned �iven wl�eiy de;livered, mailed by overnibhtservice,
or five days Hf�er mailing by cei�tified or re�istececl enail, pos�age prepaid, reti�rtt rocei�t ��eqtresied, addressecl to the
appropciateNotice Address as definecl in d�e above Subseetion t1 ofthis Sectian 48,
S�CTION 49. 'V�;NU� AN17 JURISDTCTIUN
This Contraei is delivcxed <uld intet�decl to bc performect in ihe Stake of 7'exas, Foi� �urposes of iiti};�tion pursufu�t to tllis
Contract, �enue shal I li� in 'i�•avis Cotmty, T'exas.
tsXBCU'I'ED tu be ef�ectivi on o�t���x ai, Zoi2
City of Deutoi�
a pottti •ubdi ' io�� e of TexAs
�y. /.�--
Title: l�•.� I y /'a'IFln/��aF/� .
Date: iJ -0 � - ZO/Z
APPROVED AS TO FORM:
CITY ATTORNEY
C�TY OF DENTON, TEXAS
8Y:
T�:XAS DEP�i.RTMLNT O�' HOU�ITVG AND CnMMU]NITY AFFAT.42�, a�ublic a��d o�cial
a�;ency o#'tl�e State of Tex�s
�3y:
"7�itle: lis duly auEhorizod officer or re�resentativc
Date:
1'age l6 of' 22
'i �XA� DE]'AIZTMEN`I' Ol� HC)USIPI(, AND CUMMUNI'1'Y AN 1+AIR�
CON`fRACT NO. �1212Q001.530 FOR THE
FY 2�I2 �MEEtG�sNCX S4I UTIONS Cii2AN'TS (E5G) T'TLOGRAM
CkDANU. 14.231
F;X�IIBIT' A
ia�Rf C)RMANCI� I�OCUMI�N7'
City of l}enton
a political subdivision of tl►e State of Texas
Perforananee SYateuient
Octobcr l, 2012 - Scptember 30, 2013
FINANC.IAL �lCI'CNDITU�2E RGQUIR.FM�NT�:
To assure the iimely and appE�opriate use of LSG funds, the Departi��eiit has est�Ulisltecl tite follawinb expenditurc benchina��ks. 't'he
Depa��hnentwill ��eview Subrecipient pe��formance in expending }�rogra�n fia�xds on a qaa��terly basis. Sub��ecipient is aclvised that ff�ilure
to expend funds in a timely f'�.5hion may affect future funding oppnrtunities.
Subrecipients must follow the fo�lowin�; expenditure schedule:
Contract 10% expended as p�•ovided in the Budget by the end of the frst quarter-December 31, 2012.
Coiaf.ract �}0% expended as provided in tha .Budget by the end of the second quai�ter-March 31, 2013.
Conti act 75% expended as provided in the [3udget by the end of the tliird quarCer-June 30, 20l 3.
Coniract l00% ex�ended as providec9 in die C3udget by tlie end of tf�e Contract Tecm (fourtfi qi.iaz'ter)-Septeinber 30, 2013.
PROGRAMMA`.CIC P�RFOItN1ANCE R�QUiRFM�NTS:
T'o assure the timely and appropriate use of .I;S(i funds, the Depa�•tmettt l�as includeci the follawinb perfarma�ice schedule as �a�•t oftt�e
Contraci, Sub��ecipient wilt es�ablish ta�'gets for p��o�ram activities and will re�ort d�ose ta��gets to tlte Dep��Gneut via the `Cat�geis
Spr�adsheet kor►n supple.ment to this Coniract which will be emailed separately to the Subrecipient. Subr�cipient wil! repo��t
pe��forma�ice on a�nonthly basis to the lleparhnent ihrou�h the Commanity Affairs ConE�•act System, axid ti�e Uepartment will review
Subrecipient perfortna�ice in meating progranl targets on a c�ua��terly b�sis. Subrecipient is adviscd il�at failu�•e to p��ovide program
services in acco►�dar►ce with tlie ts�rgets establislied by tl�e Subrecipient may affect fiature fuizding opporE.uni ties.
Subrecipient tnust follow the following perfor�nance schedule:
No less than 5% of' all Yargets, as cstablisbed by ihe Subreci��ient nzct l�y ttie end of the iirst qua�'lcr=DecemUe�• 31, 20 I 2.
No less than 35% ofali tar�;c;ts,ls estaUiish�d by the St�ba�ecrpient nzet by the end oi'the second quai�ter-March 3l, 2013.
No iess than 75% of all targats, as established Uy khe Subrccipie�lt rnet by the ei3d of the tliird quarter-June 30, 2Q 13.
100% of all .fargets, as astablished by the Subrecipie;nt mct by the end of the Cnntract i'e�m {fow•tli quarte�•}-Septen�ber 30, 2013.
Pabe 17 01' 22
`I'.1���AS I)Ll'AY2TML(,N'1 OI{' I�OUS.ING ANr) COIVINIUNITY AFT�Al12�
CON'I'EZAC`f NO. �1212[1�01530 1�01t "1'1-1L
I�Y 2012 EMERG�NCY SOI,IJ'CInNS CiRAN`f5 (f:SG) PROGRIIM
CFDA N 0. 14.23 E
�;XEiI131'1' I3
i3UDG.E`I'
City of Deyitn�i
a politAC�l s«bdivision of the �tate of Texas
llTPARTMENT i'INANCTAIa OBLIGATIONS
Bud et Cate oc Catega Totals
Street Ouireacl� � $ O.Ob
I;mer�ency Sl�elter $ 262,872.Op
6sseaxtial Services $ 137,.594,00
Opei•ations . $ 125,278.00
Homelessness Preveittion � 97,962.00
Hoti�sing Relocxtion ar►d Stabilization Services,�inat�cial $ 5,OOOAO
Tenant-based rental Assista�ice $ 92,9b2.00
Rapid RewHousin� � 89,OU0.00
Housinb Relocalion aiid Stabilizaeion Se�•vices-Fi�l�ncial $ 7,SOO.OU
T-�ot�sing Reloct�tio�t and Stabilization Se��v7ces-Serviccs $ 33,000.00
TenAnt-basecl rental assislance $ 48,500.00
Homeless Management lnfornzation System (HM1S) � 11,016.U0
AdministrAtive Cc�sts $ � � ��94'�'
TOTAL � 4'72,140.15
Additional funds may be oblig�tud via Amendmer�f(s), i'unds m�y ottiy be obli�;ateci find expcztded durii��; the currei�t Contract 'T'e►•m.
Unexpended fund U�lances will be recaptured.
F40TNOTCS T4 BUUGI'.T FOR AVAILAI3G:l, AGI.,OCATIOiVS:
Subrecipient must request in wriiing any adjustment needed to a�iudget category be�bre '�ll�-[CA will m�Ice any adjusime�its to the
budgetcategories. Only those rvritten reyuest(s) fr•�m the Suba'ecipients received at least 6t1 days pi•ior to ti►e e�aci oi'
tlae Contract Terin v►�l1 be reviewed TDHCA may deeline ta revie�v writte�n rec�uests receivul ciurir►g the €inal 60
days of the Contract Term.
M�cimum for adminis#ration b�sed on 3.�5% of tfie totai �llowable expenditures excluding travel For t��aic�ing.
Subrecipient may �pply Administration funds to pay for teavel wst5 incurred to attend the September f3�l�t, 2012 [;SG 13�og��am
Worksho� held in Aus�tin, "Y'exas.
Page 18 01' 22 �
��•rxA� vrYartirr•m�rrT OI� HUUSII�IG AND COMMIJNI I'Y AI+FAIIt�
CON'I'RAC"P N(7. 4�12�Oi530 I�nR T1 TE
FY 2Q12 CMT'RGI;NCY SOI,UT'IONS GRt1NTS (�:SG) PROGRAM
ClsllnN0.14.231
�;X�ITBi'I' C
MA`I'CH R�Q[JT�2E;MENTS DOCUMI;N'T'
Cifp of llentun
a political subdivision of the �tate of Texas
Tyne�Sot�rce of Match)
Other Non-�SG N.UD E'unds
Other �ederal Funds
StAte Gove►•nmenf
Local Government
�'rivatc Ftirnds
Oti�er
�'ecs
PrograYn incu�ne
MATCH '1 UTA'L
T'age 19 of 22
llolla�' Valt�e
$ o.00
$ l �,6��.00
$ O.UO
$ 13,37�i.00
$ 379,482.1.5
� 63,G25.00
� 0.04
$ Q.00
� 472,140.15
[;SC; Subreeipients zrusk matcli tl�eir aw��d amount with an equal or �;rc�tte�' a�nc�unt of res��urc�.s fi�om othec th�u� C.SCi funds.
L± ligible So_urces_af. M�tc{�:
� any source inch►din � any Nede��al source (except for ESG)
o any state, Iocal, a�z�private sourccs.
If usin T'ederal so«rces, the followinQ �'iIICS_RA[1YY:
o tlie laws governing any souree to be iised as match znt�st �tot prohibit tl�ose funds f•om b�in�; used as match,
o if �:SG funds �re to be useci as m�tch for another fi:deral progc•an�, then €hat I��•ogram may noC be used as mztoh for PSG.
Recoy!nition c�f 1V�atchit�� Co��tri��atio��s:
o Matcl� funds �nust meet flll the rec�uireinents that appiy to IiSG tands (except expenditure limits)
o Matchin�; contribu#ioaas must be pr�ovided during thc Contract Te�•m
o Cash conteibutions must be expended w9tlain the expeiiditure deadline during the Contract 1'crn�
o Non-c�sh contribntions must Ue madc within the expenditu�•e deadline (above)
o Contributions used to match a previous ESG gr�nt may nat be used to rnatct� a subsequent grant
o Contributions used la match another federal gracit may not be tised to a�natch ESG
Gli�,ible �nes �f Matchin2 Contt•ibufi�ns:
1, Casl� Contributions-Cash expended foc� allowable costs as defned in UMk3 Cit'cu[ars A-87 (2 C.I�,IZ. Part 22S} and A-122 (2
C.F.It. Pa►�t 230} ofthe SubrecipienG Sources of oash cairt►•ibutions rnay iilclude p�'ivale dout�tions, or gruits, fi�om �four�datior�s,
noiipz•ofits, ar local, state a�id federat fi�nds.
2, Non-Casli contribations-�lon-easli contc•ibutions a�•e the value of �►ty real property equi�ment, �oods, o�� s�crvices contrik�uted
to th� Subrecipient;s I:,SG progr�un, �rovided thal lliey would be allowabte if tlte Stibrecip3ent l�ad to pay for tl�em.
Costs paid by program income during t11e gr�lt pecioc[ are to be considered as match provided they are eiigibla costs that supplemeut
the t'SG program,
t'a�;e 20 of' 22
"I'L�XAS DLI'AYt`I'M�,N1' OI� X�O[J�I.1VG AND CUMNiUNITY AT's`IiATI��
CnN1'[tAC1'NO, 4212{K1Q153Q FOR'[�-IE �
FY 2012 EMGItG�:NGY SU1,U7'fONS (iItANT'S (rSG) �'ItOGItAIVJ
Cf�DANO. 14.231
EXHIBIT' D
AI'PL1CAk3L�� LAWS AND TtIsGULA'r'IONS
City of Dea�ton
a political subdivisia� of the State of T�xas
These applicable iaws itrclude but u•e not licr�ited to Iiomefess �me►�genc}� Assist�nce and Rapid '1'ransitionto Housing Act, as amended
(42 U.S.0 11302 et. seq.)
24 C.}�.R. Pait 8S;
24 C:f�.R. Pai•C 9 i;
24 (;.F.R. Part 57C;
24 G.F.R. Park 582;
1.4 C.i�.�t. Part 583;
Applieable Officc of Mnnagement and Bud�;et ((�MB) CiE�culacs;
10 Texas Admi��lstrative Code, Cl��pter 5, Subch.apte��s A, and K
Page 21 of 22
TI:XA� 1)LPAR'i'1V1tiN7' Or HOUSING A1�1D GUMMtJ1�ITX AI+I+AiR�
CONTK�,CI'N(). a4�1200U1�30 I'Olt'T'E-If�
CY 2Q12 CME3IZGGNCY SOI.,UT'IONS GRAN'l'S (ESG} YCZOGRAM
C�nANO. 14,231
FXHZBIT F
CL:RTiI�"ICATIC)N REGA�CZUING LOE3l3YI1�IG FOR
C4i�tTKAC:T�, GRANTS, L,UAN�, AND COOPERA'X IV� AGI2�±,k+�M1!:NTS
City of Denton
a politic�l subdivision of tlac State �f Texas
'The undersigned certiiies, to the besY of its knowlcdge �nd belief, that:
1. No fuieral appropriated funds l�ave been paid ar will be paid, by or oi� Uel�11f ofthe widersigneci, to �iy person for influcncin�
or atteia�pting to influence an officer ar employee of an agency, a member of congcess, a�� officer ac employee of. co�tgress, or
an emp loyee of a member of a�ngress in connection with the awacdin�; af a�ry federal conU•act, tf�e inakittg of any federal grant,
the matcing of any federal loan, tha entering into of any caoperative agceement, or moditication of �u�y redera( confraot, grant,
loa n, or cooperativ e a�;1'ee�nent.
2. lf �u�y funds oU�er Aian federal appropriateci funds have been paid oc wil ( be paid to �u�y person for it�fluencing or atternptin�; to
iniluence an a�ficer or employee of a�ty agency, a memher of congress, an officer or empfoyee of congress, or au e{npfoyee of a
memher of co►i�ress in connection with this fedei•al co��tract, gr��t, loan, or eooperative agreement, the undersigned shal!
complete a��d submit standa►•d forin -I;I,L, "Disclosure Form to Repart Labbyin�", in accordance witl� ics i nstrucCions.
3. T'k�e undei•signetl shatl reqtiire thatftie lan�;u��� of this ce��tification be included in tl�e award docwnenLs far all sub-awa��ds at all
tiers (S��cluding subc:wntracts, sub-�raiifs, and cxwntracts ta�d�:r grants, l�ans, and cooperative agi•eements) atid that all
sub-recipients shalt ce��tify fu�d disclose accordingly. �
Tl�is cectification is uiaterial rep���se��tation of fact on wi�ich reliance wf�s pla�d when this U�ans��etion was madz oe enterecl into.
Subrnission of this cei'LI�Catl0ll IS �l pTCI'Bi�UfSI�C fOP making or entecin�; i��to this u�ansaction imnosed by Seetion 1352, Title 31, U. S.
Code, Any peison who f�ils to file the required certification sliall be subject to a civil penalty of not less #han $10,Q00 a��d not mo�•e than
$1Q�,000 for each such failure.
C9ty of lle�xtoat
a polltical s�bdivision of the State of '�'exas
13y:
T'itle:
Date:
Page 22 oE' 22
2012-13 SERVICE AGREEMENT
EMERGENCY SOLUTIONS GRANT PROGRAM
BETWEEN THE CITY OF DENTON, TEXAS AND
CHRISTIAN COMMUNITY ACTION
This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corpora-
tion, hereinafter refer7•ed to as "CITY", and Christian Community Action, a non-profit corporation, 200 South Mill
Street, Lewisville, Texas 75057, hereinafter referred to as "ORGANIZATION";
WHEREAS, CITY has authorized the City Manager to accept the Texas Departnient of Housing and Community
Affairs Emergency Solutions Grant Program (ESGP) Award, under the Department ofHousing and Urban Devel-
opment (HUD) Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act),
enacted into law on May 20, 2009, and take all other actions necessary to administer a grant under the ESGP; and
WHEREAS, CITY has accepted funds from the Texas Department of Housing and Community Affairs (TDHCA)
for the purpose of paying for specific contractual services by specific agencies named in the ESGP application;
and
WHEREAS, CITY has adopted a budget for such funds and ulcluded therein an authorized budget far expenditure
of funds for assistance to homeless and potentially homeless families; and
WHEREAS, CITY has designated the Community Development Division as the division responsible for the ad-
ministration of this Agreement and all matters pertaining thereto; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
ORGANIZATION hereby accepts the responsibility for the performance of all services and activities described in
the Work Statement attached hereto as Exhibit A, in a satisfactory and efficient matu-ier as determined by CITY, in
accordance with the terms herein. CITY will consider ORGANIZATION' S executive officer to be
ORGANIZATION's representative responsible for the management of all contractual matters pertaining hereto,
unless written notification to the contrary is received from ORGANIZATION, and approved by CITY.
The CITY' S Community Development Administ��ator will be CITY's representative responsible for the admin-
istration of this Agreement .
2. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from CITY, ORGANIZATION agrees to the following terms and con-
ditions:
A. A sum not to exceed One Hundred Thousand Five Hundred Dollars ($100,500.00) may be paid to
ORGANIZATION by CITY on a reimbursement basis, subject to payment of money to the CITY by
TDHCA on a cost-reimbursement basis in accordance with the Contract for an Emergency Solutions Grant
Program between the CITY and TDHCA, hereinafter referred to as"TDHCA ContracY'. The only expendi-
tures reimbursed from these funds shall be those in accordance with the project budget, attached hereto as
Exhibit B and incorporated herein by reference, far those expenses listed in the scope of services as provid-
ed herein. ORGANIZATION shall not utilize these funds for any other purpose.
B. ORGANIZATION will establish, operate, and maintain an accounting system for this program that will
allow for a tracking of funds and a review of the financial status of the program. The system will be based
on generally accepted accounting principles as recognized by the American Institute of Certified Public Ac-
countants.
C. ORGANIZATION will permit authorized officials of CITY to review its books at any time.
D. ORGANIZATION will reduce to writing all of its rules, regulations, and policies and file a copy with City's
Community Development Division along with any amendments, additions, or revisions whenever adopted. `_
Page 1 of 15
E. ORGANIZATION will not enter into any contracts that would encumber CITY funds for a period that
would extend beyond the tenn of this Agreement.
F. ORGANIZATION will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepa�icies in bills shall be promptly reported to the Community Development Division.
G. ORGANIZATION will appoint a representative who will be available to meet with CITY officials when
requested.
H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information
relating to clients subject to applicable federal and state law, rules, and regulations.
I. ORGANIZATION will indemnify and hold harmless CITY, its officers and employees, from any and all
claims and suits arising out of the activities of ORGANIZATION, its employees, and/or contractors.
ORGANIZATION wi11 subinit to CITY copies of year-end audited fmancial statements.
K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those
procurement policies can�ied out by CITY. Equipment or services purchased by the ORGAIVIZATION un-
der the TDHCA contract shall not be h�ansferred, disposed of, or sold without written peimission by the
CITY.
L. ORGANIZATION shall fully comply with all the requirements of the TDHCA Contract, including, without
limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re-
quirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as Ex-
hibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to do
the following:
1. Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA
2. a. Comply with the provisions of the ESGP as published 'ui the Catalog of Federal Domestic Assis-
tance (CFDA) (hereinafter referred to as "ESGP Regulations") and all future amendments and re-
visions to the same are hereby incorporated into and made a part of this Agreement. The Sub-
recipient shall at all times comply with the ESGP Regulations, associated Executive Orders, stat-
utes, OMB Circulars, other related federal regulations, and all future revisions and amendments to
the same. The Sub-recipient shall become thoroughly familiar with all of the foregoing require-
inents as applicable and shall ensure that the ESGP Assisted Persons/LTnits comply in all respects
with the ESGP Regulations.
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), tlie Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regula-
tions issued pursuant to these acts. These provide, in part, that no persons in the United States
shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion
be excluded from participation in, or denied, any aid, care, service, or other benefits provided by
federal and/or state funding, or otherwise be subjected to discrimination.
c. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding em-
ployment verification and retention of verification forms for any individuals hired on or after No-
vember 6, 1986, who will perform any labor or services under any contract between
ORGANIZATION and CITY.
d. Comply with Health and Safety Code §85.113 (relating to workplace and confidentiality guide-
lines regarding AIDS and HIV).
3. Comply with appropriate state licensing or certification requirements and with standards prescribed by
the Secretary of the United States Department of Housing and Urban Development.
Page 2 of 15
4. Report any suspected case of abuse or neglect to the Texas Department of Family and Protective Ser-
vices (DFPS) or a local law enforcement agency office as required by Act of Apri120, 1995, 74�' Leg.,
Reg. Sess., ch. 20, §1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam.
Code Ann. §261. ] O1 et seq.).
5. Be subject to an audit by a Certified Public Accountant and provide a copy of the audit to CITY and
TDHCA. ORGANIZATION is expected to create and maintain adequate and auditable fiscal records,
sucli as annual iinancial statements, tax returns, and agency budgets inay be required and shall be
made available to CITY or TDHCA upon request.
6. Use generally accepted accounting procedures as recognized by the American lnstitute of Certified
Public Accountants and follow TDHCA fmancial management policies and procedures in maintainuig
fiscal records required to be kept under this Agreement.
7. Hold TDHCA and CITY harmless from and against all claims, demands, and causes of action, wluch
may be asserted by any third party in connection with the performance of contracted services.
8. Provide services in accordance with the 2009 TDHCA ESGP funding application and allow TDHCA
and CITY to moiutor same. Some possible methods may include on-site visits, document review,
questionnaires, or interviews.
9. Participate fully in any evaluation study of this program authorized by TDHCA or CITY.
10. Not transfer or assign this Agreement without the prior written consent of TDHCA and CITY.
TDHCA and CITY shall not transfer or assign this Agreement without consent of ORGA1�iIZATION.
Transfer ar assignment without prior written consent of either party may result ui termination of the
Agreement in accordance with the TDHCA Contract.
11. a. Submit billings for services, program reports, performance and financial status reports as required
by TDHCA to the C1TY by dates required by Community Development.
b. Non-receipt of the required billing and statistical documentation by this date will be considered
failure to comply with the Agreement. Failure to comply is valid justification for irrunediate ter-
mination of this Agreement and/or nonpayment of the billings or any portion of the billings that
are not received within the specified time limit. The ORGANIZATION further agrees to certify
the amount of local financial participation (match) directly supporting the service being purchased
with each request for payment submitted to TDHCA and City for reimbursement.
ORGANIZATION agrees to provide the amount of match for which it is responsible under this
agreement (see Exhibit B of TDHCA Cont�•act "Match Funds").The ORGANIZATION agrees
that the information submitted is true and accurate. The ORGANIZATION further agrees to sup-
ply documentation to CITY for the purposes of verifying reported infonnation if requested.
c. Submit performance reports monthly or as required by T.D.H.C.A. to the City no later than the
Sth day following the last day of each month in which the service is provided. Non-receipt of the
required performance reports will be considered failure to comply with the Agreement. Failure to
comply is valid justification for immediate termination of this Agreement. The Organization
agrees that the information submitted is true and accurate. The Organization further agrees to
supply documentation to City for the purposes of verifying reported information if requested.
12. Make available at reasonable times and for reasonable periods client records, books, and supporting
documents pertaining to services provided for inspecting, monitoring, auditing, or evaluating by
TDHCA and CITY personnel or their representatives. Notwithstanding anything 'vi this Agreement to
the contrary, ORGANIZATION shall: A) Maintain fiscal records and supporting documentation for
a11 expenditures of funds made under this Agreement in a manner that conforms to OMB Circular No.
A-87 or A-122 and this TDHCA Contract. ORGANIZATION 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; and
B) Give the CITY, HUD, the Comptroller General of the United States, the Auditor of the State of
Page 3 of 15
Texas, and any TDHCA authorized representative, access to and the right to reproduce all records be-
longing to or in use by ORGANIZATION pertaining to this Agreement. Such access shall continue as
long as ORGANIZATION retauis the records. ORGANIZATION shall maintain such records in an
accessible location.
13. Maintain and keep financial and supporting documents, statistical records, a�1d other records pertnient
to the services for which a claim was submitted. The records and documents will be kept for a inini-
mum of five (5) years after the termination ofthe Agreement. If any litigation, claim, or audit involv-
ing these records begins before the three-year period expires, the ORGAI�TIZATION will keep the rec-
ords and docuinents for not less than five (5) years and until all litigation, claims, or audit fmdings are
resolved. The case is considered resolved when a final order is issued in litigation, ar a written agree-
ment is entered into between TDHCA, CITY and ORGANIZATION. ORGANIZATION will keep
records of nonexpendable property acquired under the Agreement for five (5) years after final disposi-
tion of the property.
14. Provide for an amount of funds equal to the amount of funds provided by TDHCA through the CITY
under this agreement. ORGANZIATION'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 under this agreement.
15. Notify TDHCA �u1d C1TY immediately of any significant change affecting the ORGANIZATION and
ORGANIZATION' S identity, such as ownership or control, name change, governing board member-
ship, vendor identiiication number, and personnel changes affecting the contracted services. Changes
must be provided in writing to TDHCA and CITY within 10 working days after the changes are effec-
tive.
16. Refrain from entering into any subcontract for services without prior approval in writing by TDHCA
and CITY of the qualifications of the subcontractor to perform and meet the standards of this Agree-
ment. All subcontracts entered into by the ORGANIZATION will be subject to the requirements of
this Agreement. The ORGANIZATION agrees to be responsible to TDHCA and CITY for the per-
formance of any subcontractor.
17. Not use funding under tliis Agreement to influence the outcoine of elections or the passage or defeat of
any legislative measures.
18. All notices given regarding this Agreement shall be sent to the following addresses
TDHCA Christian Community Action
Planning & Contracts Management ATTN: Executive Director
Post Office Box 13941 200 South Mill Street
Austin, TX 78711-3941 Lewisville, Texas 75057
City Manager
City of Denton
215 E. McKinney St.
Denton, TX 76201
3. TIME OF PERFORMANCE
The services funded by CITY shall be undertaken and completed by ORGANIZATION withui the following tune
frame: October 1, 2012 through September 30, 2013, unless the contract is sooner terminated under Section 8
"Suspension or Ternunation".
Page 4 of 15
4. PAYMENTS
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a maxunum aznount ofmoney not
to exceed One Hundred Thousand Five Hundred Dollars ($100,500.00) for services rendered under this
Agreement, contingent on receipt of funds by CITY from TDHCA under the TDHCA Contract. Payments
will be based on a projection of monthly expenditures with reconciliation at the end of the month. Docu-
mentation of expenditures must be submitted to fl�e Community Development Division by the l Oth day fol-
lowing tl�e last day of the month in which the service was provided. ORGANIZATION' S failure to provide
the information on a timely basis may jeopardize present or future funding.
B. Costs shall be considered allowable only if incurred directly specifically in the performance of and in coni-
pliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B.
C. Approval of ORGANIZATION'S budget, Exhibit B, does not constitute prior written approval, even
though certain items may appear herein. CITY's prior written authorization is required in order for the fol-
lowing to be considered allowable costs:
Encumbrance or expenditure during any one month period which exceeds one-fourth (1/4) ofthe total
budget as specified in Exlvbit B.
2. CITY shall not be obligated to any tlurd pai�ties, including any subcontractors of ORGANIZATION,
and CITY funds shall iiot be used to pay for any contract service extending beyond the expiration of
this Agreement.
Written requests for prior approval are ORGANIZATION'S responsibility and shall be inade withui suffi-
cient time to permit a thorough review by CITY. ORGANIZATION must obtain written approval by CITY
prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal
property. Any procurement or purchase, which may be approved under the terms of this Agreement, must
be conducted in its entirety in accordance with the provisions of this Agreement.
D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re-
quest, any sum of money which has been paid by CITY and which CITY at any time thereafter detennuies:
1. has resulted in overpa}nnent to ORGANIZATION; or
2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
E. Disallowed Costs/ Reversion of Assets. Upon tenninated of this Agreeinent, should any expense or
change for which payment has been made be subsequently disallowed or disapproved as a result of any au-
diting or monitoring by CITY, the Department of Housing and Urban Development, Texas Department of
Housing and Community Affairs, or any other Federal or state agency, ORGANIZATION will refund such
amount to CITY within ten working days of a written notice to ORGANIZATION, which specifies the
amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of
the terms of tlus Contract, CITY may require a refund of any and all money expended pursuant to this Con-
tract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY
within ten working days of a written notice to ORGANIZATION to revert these financial assets. The re-
version of these financial assets shall be in addition to any other remedy available to CITY either at law or
in equity for breach of this Contract.
Refunds of disallowed costs may not be made from these or any funds received from or through CITY.
F. Deobligation of Funds. In the event that actual expenditure rates deviate from ORGANIZATION'S provi-
sion of a corresponding level of performance, as specified in E�chibit A, CITY hereby reseives the right to
reappropriate or recapture any such under expended funds. In the event that actual expenditures deviate
from ORGANIZATION' S provision of a corresponding level of performance, as specified in Exhibit A,
CITY hereby reserves the right to reappropriate or recapture any such under expended funds.
Page 5 of 15
G. Contract Close Out. ORGANIZATION shall submit the contract close out package to CITY, together
with a final expendihire report, for the time period covered by the last invoice requestuig reimbursement of
funds under this Agreement, within fifteen (15) working days following the close of the contract period.
ORGANIZATION shall utilize the form agreed upon by C�TY and ORGANIZATION.
5. PROGRAM INCOME
A. For purposes of this Agreement, "program income" means earnings of ORGANIZATION realized fi•om
activities resultnig from this Agreement or from ORGANIZATION'S management offunding provided or
income from interest, usage or rental or lease fees, income produced from contract-supported services of in-
dividuals or employees or from the use or sale of equipment or facilities of ORGANIZATION provided as a
result of this Agreement, and payments from clients or third parties for services rendered by
ORGANIZATION under this Agreement.
B. ORGANIZATION shall maintain records of the receipt and disposition of program income in the same
manner as required for other contract funds, and reported to CITY in the fonnat prescribed by CITY. CITY
and ORGANIZATION agree that any fees collected for services performed by ORGAIVIZATION shall be
spent only for service provision. These fees or other program income will be deducted from the regular
payment request.
C. ORGANIZATION shall include this Section in its entirety in all of its sub-contracts, which involve other
income-producing services or activities.
D. It is the ORGANIZATION' S responsibility to obtain from CITY a prior determination as to whether ar not
income arising directly or indirectly from tlus Agreement, or the performance thereof, constitutes program
income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts determined by
CITY to be progra�n income, unless otherwise approved in writing by C1TY.
6. EVALUATION
ORGANIZATION agrees to participate in an iinplementation and maintenance system whereby the services can
be continuously monitored. ORGANIZATION agrees to make a�ailable its fulancial records for review by CITY
at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data and reports, or
copies thereof:
A. All external or internal audits. ORGANIZATION shall submit a copy of the annual independent audit to
CITY within ten (10) days of receipt. Audit will be conducted by a certified public accountant.
B. A11 extenial or internal evaluation reports.
C. Monthly perfonnance and expenditure reports to be submitted to CITY by dates required by Community
Development.
D. ORGANIZATION agrees to subinit monthly fmancial status reports to the CITY by dates required by
Community Development.
E. An explanation of any major changes in program services.
F. To comply with this section, ORGANIZATION agrees to maintain records that will provide accurate, cur-
rent, separate, and complete disclosure of the status of funds received and the services performed under this
Agreement. ORGANIZATION' S record system shall contain sufficient documentation to provide in detail
full support and justification for each expenditure. ORGANIZATION agrees to retain all books, records,
documents, reports, and written accounting procedures pertaining to the services provided and expenditure
of funds under this Agreement for the period of time and under the conditions specified by the CITY.
G. Nothing in the above subsections shall be construed to relieve ORGANIZATION of responsibility for re-
taining accurate and current records, which clearly reflect the level and benefit of services, provided under
this Agreement.
Page 6 of 15
7. DIRECTORS' MEETINGS
During the tei7n of this Agreement, ORGANIZATION shall deliver to CITY copies of all notices of ineetings of
its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a tunely
manner to give adeyuate notice, and shall include an agenda and a brief description of the matters to be discussed.
ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to all meetings of
its Board of Directors.
Minutes of all meetings of ORGANIZATION' S governing body shall be available to CITY within ten (10) work-
uig days of approval.
8. SUSPENSION OR TERIVIINATION
A. The CITY may terminate this Agreement with cause if the ORGAI�IIZATION violates any covenants,
agreements, or guarantees of this Agreement, the ORGAIVIZATION' S insolvency or filing of bankruptcy,
dissolution, or receivership, or the ORGANIZATION'S violation of any law or regulation to which it is
bound under the terms of this Agreeinent.
B. This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or
federal funds. If funds for the agreement become unavailable during any budget period, and TDHCA is un-
able to obtain additional funds, then this agreement will be tenninated or reduced. Termination under this
section shall not subject TDHCA to a penalty or other claims.
C. The CITY may terminate this Agreement for convenience at any tune. If this Agreement is tenninated for
convenience by the CITY, ORGANIZATION will be paid an amount not to exceed the total ainount of ac-
crued expenditures as of the effective date of termination. In no event will this compensation exceed an
ainount, which bears the saine ratio to the total compensation as the services actually perfonned bears to the
total se�vices of ORGANIZATION covered by the Agreement, less payments previously made.
In case of suspension, CITY shall advise ORGANIZATION, in writing, as to conditions precedent to the
resumption of funding and specify a reasonable date for compliance.
In case of termination, ORGANIZATION will remit to CITY any unexpended CITY fi.tnds. Acceptance of
these funds shall not constitute a waiver of any claim CITY may otherwise ha�e arising out of this Agree-
ment.
9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. ORGANIZATION will be in compliance with the Equal Employinent and Affirmative Action Federal pro-
visions.
B. ORGAl�]IZATION shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
C. ORGANIZATION will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section
504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), aiid all amendments to each, and all requirements imposed by the regulations issued
pursuant to these acts. These provide, in part, that no persons in the United States shall, on the grounds of
race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation
in, or denied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise
be subjected to discrimination.
D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment
verification and retention of verification fonns for any individuals hired on or after November 6,1986, who
will perform any labor or seivices under a�ry contract between TDHCA and the Contractor.
E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines
regarding AIDS and HN).
Page 7 of 15
F. Coinply with appropriate state licensing or certification requirements and with standards prescribed by the
Secretary of the U�uted States Department of Housing and Urban Developinent.
G. Report any suspected case of abuse or neglect to the Texas Department of Protective and Regulatory Ser-
vices (DPRS) or a local law enforcement agency office as required by Act of Apri120, 1995, 74th Leg, Reg.
Sess., ch. 20, § 1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam. Code Ann.
'261.101 et seq).
H. Verify and disclose, or cause its employees and volunteers to verify and disclose, crnninal history and any
current criminal indictment involving an offense against the person, an offense against the family, or an of-
fense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas
Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification and dis-
closure will be required of all who ha�e direct contact clients.
I. ORGANIZATION will funush all infonnation and reports requested by CITY, and wi11 pennit access to its
books, records, and accounts for purposes of investigation to ascertain coinpliance with local, State and
Federal rules and regulations.
In the event of ORGANIZATION' S non-compliance with the non-discrimination requirements, the Agree-
ment may be canceled, terminated, or suspended in whole or in part, and ORGANIZAT'ION may be barred
from further contracts with CITY.
10. WARRANTIES
ORGANIZATION represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CiTY and furnished to CITY, are
complete and accurate as of the date shown on the information, data, or report, and, since that date, have not
undergone any significant change without written notice to CITY.
B. Any supportuig fulancial statements heretofore requested by CITY and furnished to CITY, are complete,
accurate and fairly reflect the financial conditions of ORGANIZATION on the date shown on said report,
and the results of the operation for the period covered by the report, and that since said data, tl�ere has been
no material change, adverse or otherwise, in the fmancial condition of ORGANIZATION.
C. No litigation or legal proceedings are presently pending or threatened against ORGANIZATION.
D. None of the provisions herein contra�enes or is in conflict with the authority under which
ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of
ORGANIZATION.
E. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has tak-
en all necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of ORGANIZATION are subj ect to any lien or encumbrance of any character, except for
current taxes not delinquent, except as shown in the fmancial statements furnished by ORGAI�]IZATION to
CITY.
Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the
submission of each request for payment.
ll. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment exe-
cuted by both parties, except when the terms of this Agreement expressly provide that another method shall
be used.
B. ORGANIZATION may not make transfers between or among approved line-items within budget categories
set forth in Exhibit B without prior written approval of the Community Development Administrator for the
CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and
Page 8 of 15
such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In
addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded
under this Agreement.
C. ORGANIZATION will submit revised budget and program information, wheneverthe level offund'u�g for
ORGANIZATION or the program(s) described herein is altered according to the total levels contained in
any portion of Exhibit B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regula-
tions pursuant hereto may occur during the term of this Agreement. Any such modifications are to be au-
tomatically incorporated 'uito this Agreement without written amendment hereto, and shall become a part of
the Agreement on the effective date specifed by the law or regulation.
E. CITY may, from time to time during the term of tl�e Agreement, request changes in Exhibit A which may
include an increase or decrease in the amount of ORGANIZATION' S compensation. Such changes shall
be incorporated in a written amendment hereto, as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in E�chibit B shall require
the prior written approval of CITY.
G. ORGANIZATION agrees to notify CITY of any proposed change in physical location for work perfonned
under this Agreement at least thu�ty (30) calendar days in advance of the change.
H. ORGANIZATION shall notify CITY of any changes in personnel or governing board composition.
I. It is expressly understood that neither the perfonnance of Exhibit A for any program contracted hereunder
nor the transfer of funds between or among said programs will be permitted.
12. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with
ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold
CITY, its officers, agents and employees hannless from all liability of any nature or kind, including costs
and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any charac-
ter whatsoever resulting in whole or in part from the perfor�nance or omission of any employee, agent or
representative of ORGANIZATION.
B. ORGANIZATION agrees to provide the defense far, and to indemnify and hold harmless CITY its agents,
employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attor-
ney fees, expenses, and liability arisuig out of the use of these contracted funds and program administration
and implementation except to the extent caused by the willful act or omission of CITY, its agents or em-
ployees.
13. INSURANCE
A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in-
surance as would provide adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in E�ibit A are conducted, the employees conduct-
ing these activities, shall be covered by premise liability insurance, commonly referred to as "Own-
er/Tenant" coverage with CITY named as an additional insured. Upon request of ORGANIZATION,
CITY may, at its sole discretion, approve alternate insurance coverage arrangements.
C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employers'
liability coverage where available and other appropriate liability coverage for program participants, if appli-
cable.
D. ORGANIZATION will maintain adequate and continuous liability insurance on all vehicles owned, leased,
or operated by ORGANIZATION. Al] employees of ORGAI�TIZATION who are required to drive a velucle
Page 9 of 15
E.
in the nonnal scope a�ld course of their employment must possess a valid Texas Driver's license and auto-
mobile liability insurance. Evidence of the employee's curr•ent possession of a valid license and insurance
must be inaintained on a current basis in ORGANIZATION' S files.
Actual losses are not covered by insurance as requu•ed by this Section are not allowable costs under this
Agreement, and remain the sole responsibility of ORGANIZATION.
F. The policy or policies of insurance shall contain a clause which requires that CITY and ORGAIVIZATION
be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such
change or cancellation.
14. CONFLICT OF INTEREST
A. With respect to the use of ESGP funds to procure services, equipment, supplies or other property, states,
territories and units of general local government that receive ESGP funds shall comply with 24 CFR
85.36(b)(3), and non-profit subgrantees shall comply with 24 CFR 84.42.
B. ORGANIZATION covenants that neither it nor any member of its governing body presently has any inter-
est, direct or indirect, which would conflict in any manner or degree with the performance of services re-
quired to be performed under this Agreement. ORGAI�]IZATION further covenants that in the performance
of this Agreement, no person havuig such interest shall be employed or appointed as a member of its gov-
erning body.
C. ORGANIZATION further covenants that no inember of its governing body or its staff, subcontractors or
employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance
of being motivated by desire for private gain for himself/herself, or others; particularly those with which
he/she has family, business, or other ties.
D. No officer, member, or employee of CITY and no member of its governing body who exercises any func-
tion or responsibilities in the review or approval of the undertaking or carrying out of this Agreeinent sha11
(1) participate in any decision relatuig to the Agreement which affects his personal interest or the interest in
any corporation, partnership, or association ui which he has direct or indirect interest; or (2) ha�e any inter-
est, direct or indirect, in this Agreement or the proceeds thereof.
15. NEPOTISM
ORGATTIZATION shall not employ ui any paid capacity any person who is a member of the immediate family of
any person who is currently employed by ORGANIZATION, or is a member of ORGANIZATION' S governing
board. The term "member of immediate fainily" includes: wife, husband, son, daughter, mother, father, brother,
sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister.
16. NOTICE
Any notice or other written instrument required or permitted to be delivered tuider the terms of this Agreement
shall be deemed to have been delivered, whether actually received or not, when deposited in the United States
mail, postage prepaid, registered or certified, return receipt requested, addressed to ORGAI�]IZATION or CITY, as
the case may be, at the following addresses:
CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
ORGANIZATION
Christian Community Action
ATTN: Executive Director
200 South Mill Street
Lewisville, Texas 75057
Either party may change its mailing address by sending notice of change of address to the other at the above ad-
dress by certified mail, return receipt requested.
17. MISCELLANEOUS
Page 10 of 15
A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or
any claim arising thereunder to airy party or pas�ties, bank, trust company or other financial institution with-
out the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, tl�e remaiiung provisions
shall remain in full force and effect and continue to conform to the original intent of both parties hereto.
C. hi no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to insist
ui any one or more instances upon the terms and conditions of this Agreement constitute or be construed 'ui
any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be
coimnitted by ORGANIZATION. Neither shall such payment, act, or oinission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which
rights, powers, privileges, or reinedies are always specifically preserved. No representative or agent of
CITY may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreeinent be-
tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other cormnihnent
occurring during the term of this Agt•eement, or subsequent thereto, have any legal force or effect whatso-
ever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpreta-
tion or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, ar regula-
tions, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final au-
thority to render or to secure an interpretation.
F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any liti-
gation conceming this Agreement shall be in a court of competent jurisdiction sitting ui Denton County,
Texas.
the �WIT'NESS REOF, the parties do hereby affix their signatures and enter into this Agreement as of
day of � , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
� �/,%,�.' . l. �� � .i./ . "� ,
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
BY:
C TY OF DEN ON, TE
BY: � �—._
GEORGE C. CAMPBELL, CITY MANAGER
Page 11 of 15
CHRISTIAN CONIMUNITY ACTION
BY: �ov�t��
EXECUTIVE DIRECTOR
Page 12 of 15
EXHIBIT "A"
WORK STATEMENT
Emergency Solutions Grant Progam and I-IlVIIS Activities subject to ESGP Regulations per 24 CFR Parts 91 and
576.
The primary outcome for ESGP funds is to prevent and end homelessness. The ESGP funds are to provide tempo-
rary fmancial assistance and housing relocation and stabilization services to individuals and families who are
homeless or would be homeless but for this assistance. 'The housing activities to be undertaken with ESGP funds
are consistent with federal and state ESGP guidelines.
SERV�CES PROVIDED
Agency will provide comprehensive case management services including; needs assessments, locating appropriate
housing resources, assisting clients development of a housing and budget plan, negotiating leases and rental fees,
developing an individualized bousing plan to achieve permanent housing, and referrals to other community ser-
vices. Clients seeking assistance will receive an intake assessment to begin priaritizing service needs according to
HUD guidelines
Homelessness Prevention Activities
CCA's Three-Step Process of Rescue, Stabilization and Transition
• Offer short-term subsidies to defray rent and utility arrearages.
• Assist families with rent payments (no more than three months) to help them acquire pennanent hous-
ing.
• Offer Three-Step Process of Rescue, Stabilization and Transition programs to ESGP clients.
• Conduct a follow-up call three months after a client has been served with Homelessness Prevention
related services.
• Serve up to 45 families with rental assistance and utility assistance, some of which may be duplicated
between the two categories .
2012-13 ESGP Goals
• 75 percent of the clients served will remain stable (paying rent with utility services connected) within
three months.
• 50 percent of the clients served with ESGP related activities will accept further program help (voca-
tional training, food pantry, etc)
• 80 percent of clients served with further program help will successfully coinplete their individual pro-
gram of transition
Documentation and Coordination Requirements
• Organization will utilize the assistance of the Denton CounTy Homeless Management Information
System to maintain client information in a centralized computer database. Organization is required to
report all of the required basic aggregate data as detennined by the Denton County Homeless Man-
agement Information System.
• Organization will document and maintain all client documentation required by the Texas Deparhnent
of Housuig and Community Affairs (see attachment C).
• Organization will actively participate on the Denton County Homeless Coalition and work with local
providers to move families through the Continuum of Care.
• Organization will refer to and coordinate processes with other human service agencies receivulg
Emergency Solutions Grant Funds through the City of Denton.
Page 13 of 15
EXHIBIT "B"
PROJECT BUDGET
Homelessness Prevention
Short/Medium Rental Assistance
Fiiiancial Assistance (utility assistance)
Homelessness Management Information Svstem
Salaries
Administrative Costs
Training Travel Expenses
Salaries
TOTAL BUDGET
Salaries
General Fund Donations
Director of Family Assistance Salary
TOTAL MATCH
$81,034.00
$5,000.00
$855.00
$2,895.00
PROJECT MATCH
Page 14 of 15
$86,034.00
$10,716.00
$3,750.00
$100,500.00
$84,785.15
$17,897.00
$102,682.15
EXHIBIT C
Texas Deparhnent of Housing and Community Affairs Contract
with the City of Denton
Contract: 42120001530
Contract Term: 10/1/2012-9/30/2013
Page 15 of l5
T�{;XA� i)L+'PAItTNJi�NT OF li0iJ�1NG AI�Ill CONIMUIVITY A1+FAlIL�
CONTRACTNO. 4212110U�530 FOR i`1�1E
FY 2012 EM[;{tGFNCY SOLUTIONS GK.AN'1'S (�:SG) PIt�GRAM
CF�A NO. 1 �}.23 J
SGCT�QN 1. PARTICS'I'O TI�II; CONTItACT
'Chis ��ne�•genCy Solutions Grants Cantract Na. 421�UU(11530 (herein tl}e °Contract") is �nade by a�id 6eiwe�li the
Texas Uep�rlment af Hoasin� �u�d Co�n�ninaity nffairs, a puUlic and official agenc}� of tlie State of Texas, {hereinafter
the "Dep�u•lrnenY'} aa�d Cti�ty of Denio», a�olitical suUdi vision of the State of Texas (i�ereinafter the "Subrecipie��t').
�ECTI.4N 2. Ct)NTRACT TERM
The period of peifonnance of this Contract, unEess ea��lier te►tininatod, is 4ctober 01, 2012, t�ro�igh �e�ternbcr 3U,
Z013 (hereinai�er the "Conh�act Terin").
��CTION 3. SUBREC�P.IENT P�RTURMANC�
SuUr�cipient shall develnp xnd implement an �;n�er�;ency Solutions Gr�utits Progea�n ("LSG") in accord�uce witit #he
terms of tl�is Co�zt��act and tl�e Txnibits attached to this Contrict incorporate�i herein foa• afl t'elevant purposes.
Subrecipientshall develop atid implement the �SG to assist hrnneJess individuals or persons At risk of I�oinelessnessfio
c�uickly regain si�bi lity 'vi pe�manent housin� aRer experiencing a hoi�siug crisis andlor homelessness. SuUrecipient shall
i�nplement FSG in accordance with the provisions of the Homeless Emerge�tcy Assisia�ace and Itapici Transition to
}�lousing Act, as.a�neaided (42 USC � 1302 et. soc(.) {hereinafter tlie •"Act"); the U.S. Depat�tment of I�ausing �nd Urba�i
Developmez�t (hereinafter "NUD") regulations codified in 24 C.F.R. Pa�ts 85, 91, 57G, 582 and 583, any applicable
�f#ice orMa��age►nent rmd F3udget (OMB} Circulars; and 'Tille I0 of the'1'exas Ad�ninisb�ative Code, as amended from
time tU time. Sub��ecipient sl�all perfonri all aciivities isi accordai�ce wilh the fertns of Perfotmance Documenf
{hereinaftei• "Fxl7i bit A"); fhe �3udget {hereiuAfter "Fxhibit I3°}; tk�e Matdi itequireEnents Document (i�ereinafter "i�.�chibit
C;"); theApplicable Laws and Rebulations (herein�fter "F;xt�ibit D"); the C�ati�catian Kegarding i.obbying foc ConU�acts,
Gr��ts, i,o�u�s, and Coopexative A�reements (hereinaiter "�;xllibii �"); tlie assura�7c�s, ce��tificAtions, and other state�nents
made by Subrec;ipient in its �.SC application, and with all other terms oft4iis Cont��ct. If il�e persons to be��efit f'rom ihe
activities described in �xhibit A a�•e not receiving a service or Uenefit, tlie Subreci�ienf is liable to repay the llepa�tment
any associated disallow�cl costs.
q. Pei�foamance related to esiablished ta�•gets will be repotied in the 1�,SG monthly perform�uice Report and
accomplislnnent in meeting ta��gets will ba considered in application for future funding opprn�tuni#ies with the
Deparhnent,
�3. Al[ funds must be �'uRy expended within the Contrnci T�rm at a level acceptabte to the Deparhnent. 1'he �eparM�eni
reserves the right to request �n expendilure plan if it aphears funds will not be expended within tf�e Contc�ct'i'erm.
SECTION 4, llEPARTM�NT F[NANCIAL O�LIGATYONS
A. in coi�sideration of Subrecipiant's fuil and satisfaetory pez�fo��mance of tl�is Cont��et, Dep�u�hnent shall x�einaburse
Subrc�cipient for tlte aetual a(low2ble costs incuered by SubcecipSent in the atnount specified in the "Budget" attaehed
hereto as kxhibit B oFihis Con��ac�t. �
B. Any ciecision io obli�ate additio��al fin�ds oc deobligate funds shalt be inade in writing by Dep�utment in its sole
discre[�an baseci upon thc status of fund'nig under grants to Department and Sub��ecipie�tt`s ove��all co�nplianee with the
tea�ms of this Contrac� ,
C. Depax•tment's obligatinns ui�der Q�is C;oniraci ar� contin�ent t�pon ihe �cfaal rer,eipt of adoquaie F?SG frands fi•om
HUD. Tf sufficient funds are not available to make payinenfis under this Contraci, I)eparl���ent sl�all notify
Su%3•ecipie��i in w��iting 'within a reasonable time aftea� sttch fact is determined. Department shall tlte�� ter�ttinate tk�is
Contract anci will not be liable for the failw•e to make any payme��t to Subrecip ietit �andcr this Contract,
I'age 1 of 22 .
D, Subrec:ipie��t shal) refund to Deparkinent �ny sum of money wl�ich has been paid to Subrecipietit by Dep�rttnent,
wltich Depai-tn�ent deterrnines has resu.lted in s�.� averpayment, o�• which lleparhnent determines has not been spent
sti•ictly in �iecocdancc with the tet�ms of ihis Contraet. Subrecipient shall inake such refund wifhin fiti:eeii (15) days
After tl�e De��artmei�t's 3•equest.
S�CTI.4N 5. M�'i'I�iQD O�+ PAYMI:NT/CASH #3ALANC�S
A. Stibrc�cipiei�ts tnay reque�st a one time woA•kir�g capita[ advtuice fo�� thii•�y (30) days cash ��eeds or an advance of
$5,ODD, whichevei• is greater, In ord�r to rec�uest an advance payment, 5ubrecipient znust submit to I)epa�trnent a
pa�opet•ly completed expenditu+•e ►�eport that includes a��equest for advat�ce ftmds (Proje�ted I;xpenses). 'Thereai�er, the
Subrecipient will be reimbursed for tlae a�nount of act���d cash disbursements, a xei�nbu►:5e�nent bsfsis.
B. Suhre�ipient shall establislti procedures to iiunimi�e ��e time clapsing betweeii thetransfer of fi►nds fi�rn Depa►•iment
to SuU��ecipientand the disbursementoisuelx funds by Snbrecipient.
C. Section 5(A} notwith��tanding, Depa�'�nent reserves the rigl�t to ase a u�odified cast reimbw�seinent method o�
payment wltei�cby reimbutseme�tt of cosls incur�•ed by a Subrecipient is made oniy aftea� the Depa��nent h.as t'eviewed
ancl approved backup doaumentatioi3 ��rovided by the Subrecipient to su�po��t such costs for a11 funds if ai any time (] )
Deparhnent determines that Subrecipient has maullained cash balances in excess of need, {2) DepArtrt�ent ide3�tifies
�u�y deficiency in klie cash cortt�'als or fnaucial �nanagerneni system usecl t�y Sub��ecipien�, or (3) Subt•�cipi�nt fai Is to
cotnply witlt the repaatii� r�uireanents of Seclio�t 12 aftiiisCond�ct.
D. AI1 funds paid to Suhrecipient pu�su�nt to iius Contract are paid in trust foa• #fie e�c3usive bencfit of d�e eligiblc
t�eci��ie�ats of'ESG services and for tlte payment of aliowable exper�ditu��es.
�, Deparhnent may offset or withhold any �unaunts otherwise owed to Suba•ecipient unde�• tl�is �o�tCract a�ainst a�iy
amount owed by Subcecipient to lleparhne�it a►•isiug under this Canh•aci.
SI;CTIUN 6. COST PRTNC.ti'LGS AND ADMiNISTRATIV� RCQUIREMGNTS
A. I;xcept as express[y modified by iaw or tlie te�rns of this Cont�act, Suhrecipient shall comply with the o�st princi�les
and unifor�n administrative requu�emants :�t forth icl t}ze U��iform Gi•ant Management Standards, 10 T.A.C. §5.10 et
seq. (he�•einafter "�7nirorm Grant Managetnent Sta�id�'cls"}, All refe�•ences therein to "local gover�lment" s}�aU be
conslrual to n�ean Sub�•ecipieail,
B. Uniforin cost principles foa• governments are set fortl� in 4�ice of M�»ageinent and T3udget ("OMI3'� Circula►• A-87
as implemented by 2 C.F.R. Pa��t 225. Uuif'ortn adtni�ustrative �eyuirements for gove��nments are set forth in OMIi
Circular A-102. OMI3 Circular A-133 "Audits of States, Lacal GovernmeNs, and Non-Pj•ofit ar�anirations," sets
forih audit standards fa• governtnenfa( organi�xtions and other organizations expending Federal funds. The
expenditure thresliold ��equiring an audit under Cu•culac` A-133 is �500,000 of Fedei�al funds or $500,000 of S'�ate
fliilC�S.
C. Notwitt�stanc�ing any o��er provisia�a af tf�is Contract, Department sha11 only be iiable to Subrecipient for eli�ibie
cosfis incurred or performar►ces re►idered for activifies specified in 24 C.�.Tt. §57G of the ESC; regulatiaus.
D. UeparCrnent shall n�t ba liabie tn Subrecipiene f'or certaiia costs, including but not limited to costs which:
(1 }�-iave been reimbursul to Subreci�ieart or are subj ect �o reiinbursement io Subrecipient by any source oiher tlian
pepa��nent;
(2) Are iiot allowable costs;
(3) Is incu►•red to involui�tary sepflrate a family;
(4) f�or units of'tocal goveritment, is incu�•red to replace fimc�s p��ovided by the� iocal goveraimc�it fa• streei outreach
a�id e�necgency shelter scrvices during the p��eceding l2-month ��riod without HUD exaeption;
{5) Is incurr�cl to provide ce��it�in Ie�;a) services foa� immigi�tion and citir.enship matteis and issues �•elating to
rno;�ages;
(G) Is iiicur.red to provide certain substance abuse treAtment services;
(7) ls rncurrecl to pay an�eacs f'or temho�•a�y stora�e fecs;
Pa�e 2 of 22
.' . . ' . � . _ _ _ ' S' ..
(�3) Is incurrad to pay ar niodify a deUl;
(9) Is incui•�eci to acquire �»�oE�erty oP tU CQIISiI'UCC 11CW }ll'p�01'CY;
(10) is incurred for tl�e �•eli�bilitation of structuresto the e:xte�it that thase structures are used for inherently �•eligious
activities;
(1 t)At•eexpended on rehabilitation activities p�•io�� to the submissian of a Rec��iest for Itelc;ase of liunds �ncl prioa� ta
ihe release of funds by HUD.
(12}Are not strictly in accordance witli the te��ms af this Co�rt��act, includin� ti�e Bxhibits;
( l3)Nave not. been �•eported ta Department within sixty (60) days f'ollowing terntination of'this Conh�act; or
(l4)A;�e not i��curt•ed clut�ing the Conh•act Term; with ihe exception of i�•avel eosts to aE�:nd the Septembe�� i3•l4,
2012 F,SG Iinp[etnantatiot� Wo►�ks4�op in Ausfin,'Cexas.
S�C7'ION 7. T�RN�INATYOIV AND aUSPENSION
A. Pursuant to §5.17 of 10'rAC Cl�apter 5, SubcMapter A, Depai�nent may teirtninat� or suspe�id tivs Cnntrac4, in wl�ole
or in pa��i, ak auy time I�p�u�tmenc detennines tlaat ti�ere is cause far termination. Ca��se frn� teimination i ncl.udes, but
is not 1im ited to, SubrecipienYs faihire to comply with any term of this Conl��acC rn� reasonabie belaef that Stibrecipient
cannot of• will not comply wilh tlie requirements af this Contract, If tI�e Depa��Gnent deterrniites thAt an Subt�cipient
has failed to com�ly rr�itl� the tei�ms of Qie Conh�act, or to provide services tl�at meet appropciate slandards, goals, or
otlier i�cquirem�nts estabiished by ihe Department, ihe Depax�enl will notify Subreeipient of ihe d�ficiettcies to be
cori•ected and require the deficiencies be cor��ecied prior ta implementing suspe��sion.
B. Nothing ii� this Sectinti shall be �nsh•tied to limit Depa��tinent's authorify to withi�ald payment and i�nmediaie[y
suspend tl�is Caniract if De�armient identifias possible instances oi' fraud, abuse, waste, fisct�l misrna��ageinen#, o►•
ot}ie�� deficiencies in Subi�ecipient's perforntance. Suspension shalf be a temporaiy measure pend'u�g eithec cort�ective
action by Subrecipient or a decision by Depai�hnent to te��minate tl�is Contract.
C. Department shall noi be Iiable f'or ai�y costs nxcurred by Subrecipient afrer termmation of this Conta'act.
D. Notwithstanding any exercise by Uepa�tment of its right of t<:rmination or suspension, St►brecipient shall not be
relieved of any liability to Dep€�rtme��t for dam�ges by virtue of any Ureaeh,of this Coni��act by Sul�recipient,
SCCTION �. MATCH I2�QE711tC�MENT
A. Subrecipiet�t shall pa•avide a�� amount of fi�nds eq�ial to the �noutrt of £uiids providecl by I]epartment undei• this
Contract (herein "Sub��ecipient's Match"). Subrecipi�nl's Match must be provided durin� the Contract 1erm 6•om
sources incltrding any Federa[ source �therthan the ESG pro�;ram, as'urell as state, lacal, and ��rivate sources, Fimds
used to match a pi�evious ESG awa�•d may notbe used to match the award made underthis Conh•act. Subrecipicn�s
Match may include ►•esourees provided by any suhcontractor to which SuUrecipieaat provld�s fuc�ds u�ider this
Contract.
B. Amou�rts may be counted towards Subrecip9ent's Match only if such �nounts a��e costs or resources uf a type
spec:ified in Exi�ibit C anci only if such amounts are com�SUted in accc�t'dance with this Sectian. In calculflting the
a��aount af Subracipieni's Match, Subrecipieat may include, but is not li�niteci to, �asl� dot�ations; the vaiue of any
dot�ated material or building; the value of a��y le��se on a building; mry sala�y paid to Suhracipient's staff(or thHt ot'ifs
subcontractoz�s) in ca�rying out the aeiivii.ies reyuired under tltis Coufiract; and ihe time nnd services coniributed by
volunteers to cmry out such activiiies. Services provided by volunteers must be valued at rates consistent with thosc
ordin�u�ily paid for similar v�aork i�� the SubrecipienCs orgaz�'szation or in the same labor ma�•ket. Subreci�ient shall
determine the vabe of any donated material or building o�� any lease usi�lg any method reasonably caloulaYed to
eshablish A fair �r�rk�t value.
SGC'r10N 9. AC.,LOWAB��: �XP�NDITURC�
A. The allowability of Subreci�ient's cnsts uicuri�ed i» il�e perfaimance of tl�is Conbraci shall be deterinineci iu
accnrdance with the provisions of Seciion 6 and tl�e regulations set fot'th in 10 �'AC §S.2UO2 and §57C.100 fil�rougii
�576.109 ofthe I;SG Regulations, s�bject t� the 1 imiEadons and exceptiot�s set forth in ihis Sectio�y.
B, �',SG fi�nds tt�y useci for administ�'ative activities as well as �ve progra�n components as set f�rtl.� in 24 C.F,It.
§57G. ] O l througli 24 C,F.R. §576.107 af the ESG regulsttions.
Page 3 of 22
C. Adininis#rative costs incurrecl by Subrecipienl in perfa�ming tl�is Contract are tb be based on �ctual ��rog��am�natio
expenciiiut'es and shall be allowed up to tlle amount outlined in Cxhibit �3 af this Contract. Fuc►ds ri�ay Ue used to pay
indirecl costs iu accordance widi OMIi Circular A-87. �ligible admivish•ative cc,sis include:
(1) General management, oversight and c�ordination;
(2) Tra�ning on FSG requirements; attd
(3) �,nvironmental review.
SECTiON ]0. T�i2M1NATINC ASS1S'1'ANCC
Pu►suan# to 24 C.P.it. §57G.402 of the E,SG Ttegufatio��s, 'rf u pco�ram p�u•ticipa��t violates p��ogr�rn rcqui��ements, the
Subrecipient may tecminate tlie assisfance in aceordanoe witl� a formnl process established b� the Subrecipient that
recognizes tlie rights af indi'viduals af%cted. `17ie Subrecipicnt inust exercise judgment �u�d examine atl extenuati�tg
c�rctirostances in deternaii�ix�g wh4n violatioi�s warra�rt tei•minadon so thal a�ro�r���� plrtici�ant's assistaitce is te3'minated
only in tfie ntost sevei'e cases.
A. 7b t�r�ninate rental assistance o►� housing ralocation �ind stabilizatio�� sex•vices to a p��gram participn�at, the required
for�x�al p��ocess, at a �ninimum, mustccrosist oE
(1) Wi•itten nptice tn the probf•a�n participai�t c;ant�ining a cleflr stAtement of the reasons 1'or termination;
(2) A review t�f thi: dccision, in wiiich tl�e progra�n ptu•ticipaat is given the oppoxiunity to present wcitten or oral
objecfions before a pea�son udter il�an the pea�son {rn� a subo►rt.ir�ate of tfi�k person) who tnade or a��roved.the
ter+ninatio�x deoisian; a�id
(3) Prornpt w►'itten notice ofthe itnal decisioli to the �}�'o�;ratn participant.
I3, Teiyninatiott utider this section dnes not bar the SuUrecipient fi�om pi•oviding further assisk�nce at a later date to the
sa�ne family or individual.
SECTIUN 11. R1�C4RD KI;�PINC 12�QUYREMENTS
A. Subrc,cipient sh�ll comply wiih all the record keeping reynirements set forth in 24 C.F.R. §576.500 of t{ae �SG
Regut�tions and shall mnintain fisct�l and pro�;rainmatic recoads and supporting docuinentatio.t� foa' ail expendiiures
made under C1�is Co»b�act .
B. Wriltcm Pndrere�s RY7� P/1DCC'LItlYP.S. Subrecipie��t must have written policies and nrooedures to ensure daat sufticient
r�ords a��' established Rrul maintained to enable a determu�ati on that ESG reyu irements ai�e being inet.
C. Subreaipi�nt shall, at a minimu�n, n7aintai�i files eontaining the following inrormation:
(I } Hvr�l�sx Stalus, Subrecipient must maintain document�tion of the evide�ice eelied ��pon to est�blish and verify
homeless st�ius %r prograNn participants;
(2) .�t ,Risk of Ilvmelessness S'lalus and Arrnual Incor�e: For each incfividual and fa�nily who receive �SG
homelessness preventio►a assistance, Subrecipienls sliould maintain documentation o(' the evide��ce relied u4yo�z to
estaUlish and verify the individua] or fa►nily's "at risk of ltotnelassnes�" status as listed on 24 C,F.R. §576.500(c)
a�tct the pro�ra►n p�u�ticipant's income �s establis�led oi� §57G.500(e);
(3} Determinations of Ineligr`brdily: �or each individual and FamiJy cietei�inined i�icligible ro reeeive ESG �ssist�ncx:,
the Subreeipient must document the reasan i'or that dete�•mivation;
{4) Progr•am I'aj7ic�unt Itecords: Subrecipient �nust dacument the services and assista�ace provided to pmgram
parlicipants and wherea.pplieable, compliance witlit}�e terminacion of assisfance �•equireinent outlined in Sectio�z
] 0 of this cvnte�c4;
(5) Cenlializerl ar ec�ordinated a.ise;s.sment ,rysle»is und prr�cedures. (;ontinuums of Care (CoCs) are rec�uireci to
establish a centratiretl or coordinated t�ssessment system. Sub�'ecipient is required to pa�ticipate i�i the centralizecl
systei�l. Sub�'acipient musi maintain evidence of ilie use of, and written intake procedu�'�s for, the centralized or
coordinztecl asse�.�ment systems(s) developad by the Continuum ofCare ]f il�e Subreci�ic��t's CoC does n�tyet
have a centcalized or coo►�iinated assessment system or prncedui�es, oa• if Subrecipient is a lega[ ar a victim
se��vice provider choosing not ta use the CoC cenh•alized c��• c:�orclinated assessjnenf syskem, Subrecipient t��ust
have and eonsistently apply writien standa�•ds for a�sessnient.
Page 4 of 22
(G) Armual Iracunx:� �br eacla p�bgrarn pa��kicipant wlzo receives liomelcss prevention assist�u�ce, �r who rcceives
i�apid a•e-housing assistance langer than one yea�•, tlae following docu�uentaiion inust be maintained: 1) i��come
evaluation form, 2) source docume��is for ceceived iucome and assets, or 3) third paiiy statennent tar wheu source
documents a�•e unobiainable.
{7) Rentar As.srslance a�•een�errts and pay�r�enls: Copies of a11 leases a��d ce�ttal assisiance �►�reen�etits,
docwi�entatian of payt»ents fnade ta owuers, and s��pporting documentatiorx including dates of occu�fincy by
program participants;
(8) UtiCity Allowcmce; Docmnejrtativn ofthe �norithiy allowance for utilities (c;xcluding telephone) used to <�etecmine
co�nplia�ice witlt the cent resU'ictloir
(4) Sheltu• ancl H�u.sing Stai�darc�:r; Doc�imentatiUU of eotnplia��ce with the shelfer and I�ousiiig s��nda�•ds in
§576.403 oftha ESG Regulaf[ons, including ii�speclion repo��ts;
(i�)�ntergency Sheltc�• Faciliti�s: Subrecipient mustmaintain ��ecordsof H�e emergency shelte►•s assisted, inc(uciin�
the arrtouni aud type of assistance p��ovided to eaclt. As applieable, Subreoipient must document ihe vatue of a
bi�ilding bef'ore the rehabilitation of an existing eme�gency shelte� nr after the cnnver�ion of fl Uuilditi� info a�
amer�evcy shelter a��d copes af the �•ecorded deed or use restrietions;
(1 I)Servicc,�s� and Assi.stance P�'OVI(JL'CJ.' SUIII'ECIpICrifS SIli1�I ill�llitfllll feCOPds of 4�e types of essential se�vices, reniai
Assistance, �11d IIO�lSlt1}� Sta�ll17.c7t1071 fll](� fL'IQC&t1017 SCl"V1CCS �I'OV1CiCCI UIICICF flie ESG and lhe a►nounts spent on
these services and assislance;
(12)Maintennnce of F�ifo►l: Suba�c:cipients that are units of ioc�i govcrnmc;nt sh�ll maintain a�eco�'ds to d�nonslrate
cornpliance withtl�e maintenanceof effart►�equirement, ir�cludi►�g records nf lhe uniC oftl�e general purpose local
government's annual budgets and sources of fu��dira�; for street outreach a��d emergeney shelter services;
(13)Cnr�rdrnatiarr wrth Continuum(.$) of Care und acher prv�xrn�s: Subrecipient� must document theix� co�n�liance
with tl�e sequirements of §57G.400 of the .FSCi �e�;ulations for consulting wid� 1he Continuum of Cu•e,
r,00rdinafing and integratitig �:SG assista��ce vvith pragrams targct�d toward homeless people and system and
progi�am cootrlination witii mainstream se��vice and afisistance pcagra�ns;
(I4) HM[S: Sub��ecipient �nust keep records df die part�c�patiop in �iWI1S or a comparable database by all projects of
the Subrecipient;
(15)Matehing: Subrecipient must keep records of ti�e source a�id use of c;nnu•ibutions �nadc ta satisfy tl�e tt�atch
requireme3it;
(IG)Fte evaluation for homeless�iess and rapid re%-hausing assist�uace: S�ibm.c:ipient must maint�iit� documentation of
a�ti i�iitial avaluation io de#�rmine 1E�e eligibility oi'each individual o�� f�inily F.SG assista�ice and tlte amountt�t�d
ty�ies ofaSSista�tce the individu�►I or family �teeds to regain stability into pe��ma��enthotising, Subrecipien�s tnust
lnaintain cIUCU»1ept�#IPn p1� re�evalu�tion not (ess ti�an once eveey tht•ee {3) tnotrths of pragra�n participa��ts'
eligibility and #he types and amounts of assist�iic:e tl�e progi•�n pa��ticipaut needs accordin�; to the requiremen#s
outlined in �576.401(a); and
(17}.Me�etu�g witl� case manager: Subrecipieitt inust tt�ainhain doaumentation verifyin�; tliat eacli program participa��t
recaiving I�omelessness p�ever�fion or rapid-re-housing assisuince has met regularly with a ease manager (exec:pt
w}�ere prohibited by Violence Against Women Act (VAWA) a�id the Pamily Violence Prevcntion and Services
Act (CtVC'SA}) Atid tl�at tlte a�,�sistance provider ]tas dev�loput �n individt�a}izal nlan to help ihat pro�i•arn
partici�ant retai n permanent housin� aRez� the �SG �.ssistance ends.
D. Open Rr�a�1•c�s: Subre�ipiEnt acknowledges tl.iat all information collected, assembied, or naaintained by Sub►•ecipient
pei�taining �to this Contraet is subjeot to ihe 7exas Public Info�•mation Act, Cl�apter 552 of Texas Govet�mt►ent Cade
and miist provide citizens, public a�encies, and other inberested pa�•iies witli reasonable s�ccess to all rec;nrds
�ertaining to this Contraci s�lbject to a�id in accordance with the Te�cas Public lnfortnatio n Act.
L. Ace�ss !o .�ecor-cls; Subrecipi ent sh�tll give the HUD, tiie U.S. General Accounting Offi'ice, tlie Texfls Compk�•allcr, the
State Auciitor's (}ffice, aud UepHii�nenf, or any of thr;ir duly �uthorix.ed ►r.��•esentatives, access to �►�d the �•iglit ta
exanune and co�y, o�a or ofi fhe premises of Subrecipient, all records pei�taining to this Contract. Such ri�ht t.o access
sh�ll cantinae as long �s tlie records are retained by Subeecipient.
Ia. Pe�zod vf Recar'c� R6tei7tJOrJ; Sub�•ecipient a�i�ces to tnaintain such i�ec;ords in an accessible loeAkiot� foi' ilte gre�ter of
five (5) yea�•s a�ler the expei�diiure of all fiands fi�otn the �i•ant, or the period spc�cified below:
(1) Whei�e funds ti�om this Contract are usecl for the renovation of �i emergency s�elter involves costs ch��ged t� ttae
I�SG g��at that axceecl seventy-five pere�nt (?5%} of the vaIue af the builclinb befnre renovation, reco►�ds must
6e i�eiained until ten (10) yea�'s aRe.r the daie tltal ESCr .fu��ds are fi rs�t obligated for the renovation.
Pa�c 5 oi' 22
. - ;, . .
(2) Wlie��e funds fi�oixt tl�is Contract are used to r,�nvert a buildi�i� into �n en��:rge�ic�� shel#er w�d the co�ts cha��ged ta
the I:SG grant fol• tl�e conversion exceeci seventy-tive perce��t (75°10) of #lie value of khe build'a�� after
conversion, recoi�ds n�usi be i+etair�ed antil ten (iQ) yeais after the date that �SG funcis are first obligated for tlie
conversion.
G. F..xceptiuns to the reccn�l i�ete�ition periods out]ined zbove inelucle; (i) if ��otifed by the Dep���menl in wr+qug, tkte date
il�atihe final audit is acoepted with all �uclit issuts resolved.io the Deptu'tment's sAtisfaction; (ii) if any litigation
olaim, r�e�otiatiori, u�spection, nr otlaer aciion has sta��ted befoa+e tl�e expiration ofthe mquired i�etenfion pe�•iod records
musi be retained until completion of Qie action and cesolution of �Il issues wiiicl� arise unde�• it; (iii} a date oonsistent
with ��y othe�� period required by fedet•al or state law or regulation. Subrecipieut agrees to coopea•ate with a»y
Bxa►nia�ation conducceci pursuant to tl»s Si�bsection. Upon te���;inatiozl oftliis Cont��act, all rec;ords are property af t��e
t)eparhnent,
�i. Su�irecipient shall include the substance of t��is Section l 1 in all su6conti•aets.
SI:CTION �Z. RC�'ORTiNG REQUIRCMLI�ITS
A. Subrecipie�it shall subt��it to �e�artment such repo��ts on lhc perforinance of this Conh•act as may be requi►Yxi hy
Departn�et►f includu�g, but nnt liinited to, the repoi•ts spacified in tttis Section.
B. Su6recipient siiali eleeh•onic�ilfy subtnit ta lhe Department ��o lat�r tliui the fiftcenth {1 Slh) day nf' eaCh moiitli
followin� the cepo��ted n�oiith in the Conti�act'Te�ti� a perfol•nt7nce x�ei�oa�t listittg tequired de�nographia infonnation,
the nu�nb�e of persons assisted, and ihc ontcomes achievu� in U�e previaus inonth, a�id an ex��endifure z�eport Iisting al l
expenditw•es of funds under this Conti�act durin� the previous n�onth. 'I'hese reports are due uveai if Subrecipient has
no new activiiy to ��eporC during the month.
C. Subrecipie�tls must repoat client-level data in tlie Hameless Manage�nent it�foaxnalion Systam (HMIS) or a
coir�p�u•able database. Pro�ideis of se�vices to victims of domestic �vialcnce are only rec�uireci ta re�ort aggi•egateci
data. .
D. Stibrocipient shall submit a ftnaf perfocmance repo�t and a final exp�;nditure repoi�l to flie Deparhnent witl�in tbirty
(30) ds►ys after ihe end of tl�e Conb�act'Teran, 'fhe failure of Subrecipient to provide � fi�ll accounting of all fi��ids
expended under this Conh•act widiin sixly (60) days shall be sufficieut reason for Department ta deny ar terrninate
ar►y 1'utu��e conti�acts witi� Subrocipieirt. lf this Contract p��ovides assista��ce foc renovatitm, rel�abilifation, or
conversion, in addition to the electrorxic fir�al re�o��t, Subrecipie►at shall suUmit cover plaoto�;r�phs oi'the finished
oonstruction work, andverification ofpassed inspeotions inthe foi7n ofceriificate ��c�cupa�icy.
E, Sub��ecipie3rt shall suUmit to Depaa�trnent no 3ater than sixty (60) days a$er ihe tennination of tiais Coi�ta'act a
cumulatiae invei�tory i�eport of ali eyuip�nent having a unit acquisilion eost ofi$500 or mox�e, acqG�ired inwl�ole or iu
�a��# witii fu�ids received under fhis or previous F�SG contwdcts. Upoi� the ter�ninatipn of tliis Conh�net, nepa��q��ent
may t�•a��sfer tide to any eyurpmenc to tlie Deparhnent or to any othcr entity t�eceivin� �1SG funds from the
Deparinient.
F. If Subrecipie�lt f�ils to submit witl�in fa�ty-five (45) days of its due date, any ir�ort or i�es�poaase xu�uired by this
Cantract, including respoi�ses io manitoring reporfs, Departrnent may, in its sole discretion, suspend payments, ��lace
Subrecipieart oti cost reimburse�nent meiitod of pa�+ment, and initiate proceedi�igs io terminate the Contract. If
Subcecipient i•eceives ESG fuitds ii�oin nepat�tment over iwo or mot�e Contract Terms, ten�unation prpceedings may
be initiated on this Contract for Subrecipi�nt's failure to subanit a repor�, ineloduig an audit repor� past dne from �
nrior cont�•act.
G. Subreci4aientshall pz�ovide the Depa�tit�ei3t witii a Data Univeisal Nu►nbering Syslcm (DIJNS) number and a Central
Contractor Itegist��ation (CCR} Syslem number. The DUNS nutnber must be provided in a document from Du�t and
i3radstir.et and tlte current CCR number musi be submitted fr�m fl document reU�iev�cl ft•am the
https://wwwsa�n.gov/po�•ls�t/public/SAM/ website. `[hese documeaitsmust bepeovided tolheDepartmenkp�'iorto ihe
processing fiist payment to Stibeecipient. Subrecipient shall mai��tain a curreni DUNS number and CGR number for
the entire Conh�actTet�nt.
C'�►�e 6 of 22
SGCTIUN 13. CHAN(YI�,S A,IYD AMI!,NDMCNT�
A. I\ny cl���ge, addiiior►, oi• deletion to tlie terms of tliis Contraet ��equired �y � cl�aiige in st�te or fedu�a[ la�a or
regulation is automatica[ly incorporated herein a��d is effective on Uie datedesi�nated t?y sucia [nwor regulations,
B. Fxcepl as specifically providecl otitei�wise in tiais Conit'act, �ny c{�anges, addilions, or deletions to tlie terms of tihis
C;ontract shafE be in writi��g and executed by both P�rties to this Conirac�. If any Pa��ty i�etur��s an exect�ted copy by
facsimi le machii�e or e1ec��onic uar�smission, tlie signing p�u�ty intends fhe copy of its au1li.orizecl signatur� pc•inted by
the receivi�i�; rnac}tine or Ilie efectronic k•ans�nission, to be its original si�n�ture.
C. Written rc�quests for Cont� �ct amendtnent must be received by the .Depai�tme�tt by �30 late�• than sixty (60) days priar to
tlie end of tl�e Conh•act Tcrin.
S�CTIUN l9. PROGRAM INCOME
A. �'rogram income includes any gross i»come received by tlie Subrecipient dire�tly gener��ted Uy a grant supportad
activily, or e�ui�ed onl y as a resull of t6e g��ant agreement durit►� Q�e gc�urt period,
13. ln accounting for probr�y� income, the SLEbreci��ie�it must acc��rt�tely r�tlect tiis re�eipt of siieh funds se�arate fi�om
tfte ��eeeipt of federal funds a�id Subreci}�ient funds,
C. Nragr�un income ea��ned d�arir�� the �',SG Contract Terin st��ll cow�t ioward meeting tlie Sub�ecipient's �natching
require►n�nts d��rit� iha Contract Terin znd should be i•epotteci As match, provideci tl�e costs are eligible �SG c,osis
tl�atsupplementtl�eSubeeci�7ient's f;SG pragr�un.
D.1?��obra�n n�come re�eived by the SuUcecipient during tlie t��o (2) years #bllowing the end of tl�e ConU'act Term tnus�t
be returt�ed to the Depat�ttnenk Program inootne must he returned witl�in ten (10) working days of receipt by tf�e
Subrecipient.
E, Pro�;i�n income received by the Subrecipie��t after the twn (2) yetu• pca•iod described in subsection (d) of tEiis set;tio�i
lifls expi�•eci, can be retained by tlie Subrecipieni.
ti�CT10N 15, Ty;CI��NICA� CIUIDANCE
llepartment may issue technicai guidonce to explain the rules and pravidc directio��s on te�rms of t.liis Cont��ct.
SECTION 16. I1�InTPr.1VD�NT,SUBCt�CY1'.TC;iV'`�'
lt is agreed ihat Depa��hne��t is contraetin�; with Stibrccipient �s an indepeiiden# conti�etor. Subi�ecipient a��•ees to
uidemnify Depa��hnent against any d1sallawed costs or other ciaims which may 60 asse��ted by any tl�ird ���u•ty in
cannc�fion wifh the services to be perfo��ned by Subrecipient under this Conaact.
S�CTiON i i. I'ROCU121:MGNT STANDAItllS
A. Subrecipierit sliall comply with ?A C.F.R Pati 84, this Contract, and �Il applic�ble fecieral, staie, and local laws,
regulations, ��d oa�divances for �n2kij�g pibeut�emenis under ihis Contract.
�3, When the Subrecipient no longer needs ec�uipmeart purchasal �vith �SG grant fands, regardless of purchase price, o��
upon the te�•mir�atior� of tl�is Co��tt•act, Depatlment may take po�ession and i��ansfer title to any sueh prope�•Ly or
equipmentto fhe Aepartment or to a third party or may seek reimbursement fi�om Subrecipie��t af t]�e currer�t unit
price of the item of equipment, in DepartmenYs sole cleterinination, StibreC.ipient tnust reyuest pe�'mission fi•o�n the
Depat'(111ECIt t0 U'�11SFer title or dispose of equipmeirt purchased wikh ESG gr�v�t funds.
C. Sub��ecipients and iheir contractors must cotnply with Section 6002 oFthe Salid Waste Uisposal Act whic�i requi��es
procuri►t� only items dasi�;nated i�i tl�e Environme�ital Proteciion Agency (CP�1} guidelines ihat contain il�e highest
percentage afi'rccovered �naterials, Subrecipienis must also:
(1) maintain A satisfACtory level nf coinpetitian if the purcl�ase price oFihe ikein cxceeds $ I O,OUO, or the value oftlic
yuantity acquired in the preceding fis�cal yea�• exceeded $1U,000,
(2} maximize energy and s�esource recove�y wben p�•ocua'ing snlid waste �nana�;ement se�roices, and
(3) esiablish an �ffi��mative procuremeni pra�;ra►n for rec�vei•ed materials.
P�be 7 of 22
srcT�orr. rs. �ui3cotv�����crs
A. Subrecipi��it may tiat subconlract itie priu��u•y performancf; of d�is Ca�tfiract a�id oi�ly �nay e��ter into conf3�acii�al
�reeme�its for co�isulting and other professional se�vices if Sub��cipient l�as received Depa��tment's px'ior wr.itien
approval. Subretsipiea�l aiay subcontract for the delive►•y of clieyrt assisfance wittiout oUtainin� T)epaPCf118i11�5 p1'fOC
approval. Any st�bconh'act for tf�e delivery of client assisfance wi ll be suUject to monilorij�g by the De�arlment as per
Sectio�� 26 of thi s conu��ct.
�. In no event sl�all x��y �arovision of iiiis'�'�;ction, s�ecific�111y the requiremsut tl�at Sttbrecipient obtain Depv�rnent's
prior Nn•iiic;n app��oval of a subcoiriractoc, be constr{ieti as relievin� Subrecipient of the responsibili ty for ensurin�; d�at
Hie perForniulces rencie��ed unde�• all stibcont��acts are rendea•ed so as to c;oniply wiih �II of tlie terttas of fllis Contrzct,
as if suel� per#'ormAnces rendered wt:re eende��ed hy Subrecspient. Uep��tmenrs appt�oval unde�� tl�is Sectio�i does .not
C011SfitUte adoption, ratifteatjon, or acxeptanee Uf SubceCipient'S or subcontractor's perFoa'maace het'e��ucier.
Departrnent maintains the ri�ht to nxmitor and i�quire Saba•ecipiejiPs full compliance with ihe tenns of this Conlcaci,
Deparhnen�s approval under fhis Sect[on does �iot waive any ri�ht af action which may exis�t or wlvcli may
subsec�uently accrue to Deparhnent �arder this ConU'act.
S�CTinN 19. LNVIR()NM�IVTAY. R�V1rW
Activities are s��bject to environme��tal reviaw w�der 24 C.f .R Pu�i 58. The Subrecipi ei�t shall supply t� the Depa�•hne�it
alI avai l�bl�, relev�u�t infonnatior� �iee�ssary tU perfortn a�iy envirUnmenfal review ��c�uired for each pz�ope��ty as requicc�d
by 24 C.�.Ii. Pa�t 58.
T'f�e Subrecipient or its subc,�ati�acto�• may not coanmit or expend Any GSG funds until an environmea�tal review that
meets the sta»du•ds otitlined in 24 C.F.)Z. Part S8 has been reviewed ajtd approved in v�•iti�ig by lh� D�part�nent.
SLCTIUN 2p. Wit1T'I'�N STANDA1tllS
Subrecipient inust establisli �rid cansistently a�ply writteaa s�tandards �uvitivn its pro�iau�. Subcecipieni �nast prvvicie
xp���iGA a aapy of tl�e writien siandards pria�• to conh�cC execution. Requirecl topics for writter� standards as li steti on 24
C.f�.R �57G.400(e) include:
A. I'articipant eligibility;
13. `l'argetin�; and providing essential set-viees for Streec Out�•each;
C. Palicies governing stays in �merbency Sheitcr;
I�. POIlC1ES gPV�rnuig essential se�•vices relateci to �tnergency Shelter;
13. Coordination a�nong providers;
P'. Paetici}�ant co�itcibutions f.or }•�om�icssness Prevention and Itapici Re-�Iousin�; assistance;
G. Du�•ation a�id flmoant of reni�Al assistance; �
l-i. Prioritizing receipf of I-Iomelessness �revention and Rapid Ke-Nousing assistAnce; ar�d
C. iluration and aanaunt of housing stabiliTation ai�d/or relocat.ion secvices.
S�C'�'�ON 21. AUDIT
A. Su6i�ecipient shall submit to Deparhnent, withi�a sixty (64) days afler the end �f each fiscal year, an Audit
Cei�tification Fonn �.s specified by pepatlrnent for each fiscal yea�� in whicn any mor�th of the Subreeipieart's fisefilil
yetu� Uverlaps a inontli o;Fthe Canh'act Term. Unle�s oiherwise directed by Taepartmen#. 3ubrecipient shall a�•rang� for
the �erfarmance of an annual fna��cia) and compliance audit of funds received and pe��f.oein�nces i�endered under this
Contt�ct, subject tt� ti�.e following cUndilioa�s uid limif�tions:
(] } Subrec:ipient shail have ac� audit conducted in accc�rdance witl� 24 C.F.It. §85.26, OMIi Circulac• �1-133; and 31
U.S.C. 7501 for xny af its �scal years included within the Co��ti�ot Term in which Subrecipient has expenses of
more than �Sfl0,000 in stgte fimds or $500,000 in �ed�t'al fitt�u�cia] assistance provided by a federal agency in tlte
for�n of grAr►fis, contracts, loans, loan gua��antees, propeity, coopei�ativo agreements, inter•est subsidies, i��sur�uiee
ar direct appropriations, 6ut does not inc(ude direct federal cash assistance to individuals. The term f�cdei�al
financial assi�tance includes awards of financial assistance rcceived d'u�ectly fi•om federal agencies, oi• indii•eotly
� throu�h ofher unils of 5tate a��d loca) go�ei•nment.
� P��ge 8 c�f 22
(2) SuUrc�ipie��t may uiili� Fiinds budgctetl �mcler lliis Contract lo pay for ih�t �n►•tion of ths cost of s�►c�i audit
se:ivices praperly allocable to the activities funded by Depa��tme�it under this C;onti•aci. 'I'he cost of audiiix��
servic:es for a Subrecipient expenciing less tl�an $50�,000 in total I�edet^�[ awards per tisc�tl yc:ar is not �n
allawable charge under Fedei�al awards.
(3) [Jntess othex�wise specifically antliori�;ci by Depai�hnent u� w��itin�, Suba•ecipie��t shall subrnit kwo (2) copies of
the audit repot�t. to tite Depai�tment's Complianc:e and Asset Oversi�ilt Divisio�� and one (1) eopy of the �udit
report to il�e Y)epartment's Cornntunity A#iairs Divisian within thirty (30) �frys after completion of the audii, but
no fater than nine (9) months after ilie end of each fiscal period included within the periad of this Co►�trac,�t.
Audits performed under t�is section ar�; subject to review and resolutioi� of Findings by thc Depa�t�nea�t or its
autlaorized i�epreseni�tive. Subrec9pient shall sub►nit such audit report io the i'ec3eral clearinghouse designated by
� OMB in accoa•da�xce with ()MD Circular A 133.
(4) At tt�e o�tiou of Subrecipienf eaclz audit reiauir�ed by this seetion tnay cover Subreoipient's enti��e operations or
each depa�-tment, agency, or estabkshnx�iit of Subrecipientwtucl� received, ex�ended, at� otherwise administered
fedcral funds.
B. Subsectian A of t(�is SecCion 21 notwithstandiag, 17epat•tment reserves ttie riglit to co�iduct an annual financial and
complia��ce audit of funds received aud performanees rendered under this Coniract. Subreciplent �rees to permit
I)epartme��t, or its auth�rized i�epresent�tive, to audit Sub�•ecipient's records and to ol�tttin any documents, mate��ials,
or info�•maiion neees��ry i�> facilita{e such audit. Such financi<�1 and crnnpli��ce audits may occur �fter ti�e close of
fhe Confi�icC Tci�m.
C. Subrecipient undeistands and Zgrees that it shail be liable io T)epa��tment foz• atay costs disal lowecl p�arsuant to fii�anei�l
and oomp3i�uce audit(s) af funds received under ihis Cn��t��ac� Subrecipient further t►nderstands a��d agrees tha�
��eimbursen�ent to Depa��r�acnt of such disallowr:cl costs shalf be paid by Sub1•c�ipient from fuiads whicli were not
provideci or otherwise made available to Subrecipient unclea� fl�is Conl:racf.
U. Suha�ecipie�it shail take such action to faeilitate the pei•foimat�ce of sucl� audit or ludits aonducted pursuairt to this
section as Dep�u•tment may cequire of Subrecipienf.
�. A!1 approved �SG rauclit repor[s s�al[ be �nAde a�ailable for puUlie i nspeetinn wifhin thi�ty (30) clays aftu• corr��letion
of ihe audit.
F. '11ie Subrecipie�it sl�all include l�igua�;e in any subcontract that provides tl�e Dep�u`tment Uie ability to directly
review, monilor, and/or auc3it the apei'afipnal s�r►ci �inancial �7eYformanee and/or i�ecords of work perfo�•n�ed unde�� this
Cont��act.
G. Department reserves the right to randuct addifia3al audits Qf tlie funds received and perfoctinances renderecl ui�der tliis
Contract. Subrecipient agnees to permit Depu�tment or its authorized representative to audit Subrecipient's rec�xds
and to obtaui any docu�nents, �naterials, or uaforinatiori ne�essary to faCilit�te sucdy audit.
S�,C't'1QN �2. MANAGEMi:NT O�+ I:QIJI�'MENT ANll INVENTORY
A. Sub.reci}aiant shall campZy with ()M13 Circular 11-102, 24 C'..r.it. §§85.32 - 85.34 �nd l0 TAC 5.U9- 5.10.
[3. Subrecipienl may not use funds provided under this Cotttract io purchase personal property, equi�mcnf, gcx�cls, or
setvices witli a uni t acc�uisiiion cost (the net inv�ics unit price of an iie;m of equipment) of tnoi�e d�au $SOO.bU unless
SuUz�ecipient k�as receivad tl�e prior wriiten approval of Depa��tme;rt for such pu�•chase.
C. Upon tkie Uermination or non-reiaewal of ihis Conu�act, D�partment may ti�an.sfcr title to ar�y such property ar
equipment having a ussful life of one year a• more ar a uuit �c:quisition cost {the net invoiee imit price of an ite�n of
eq uipmer�) of $500.00 or more la itself or to a�ry other etitity receiving DepAriment funding.
SECTIQI� 23. TRAV�L
Subt'ecipieait shalt adllere to OMI3 �ircuia�• A-$7 attd sither its Uoard-appro�ed travel pal ic�y, or tf►e State of Texas travc]
policies. Subreci�ient's w�•itten travel policy shall deliaeate the rates wltich Subrecipient sk�all use in cotnpufin� Qae
travel a��d l�e�� diem expenses of its botu�ci members and employec:s.
Pa�;e 9 of 22
SI�.C7'lON 2b. IN�[1RA1VC� AND l3()NDIMG K�QU�atEMCN7'S
Subrecipie�it sl�all maint�in adequate t�e�•sonal injuty and propei•ty dam�ge liabiiity in�u�ar►ce o�•, if' Subrccipient is a unit
of local go�ernmenf, shail maintain sufficient raserves to protoct against tlie haz�u•ds a��ising out �f or in comaection with
the perfoccnance of lhis Coi�iract. Subrecipient is encouca�ed to obtain poilulion occurre�ta; insurance in addition tu the
general liability insurancc. Genei^ally, re�ular iiabitity insurance }�olicies do rtot nrovede a�verage for potential effects of
many liealth and safety xneasua�es, ��ch as lead distui•bances atid other pollutian occurrence items. Subrecipient sktiould
r�eview existing p�liciesta determine if le�d contamination is covered.
lf Sabrecipient wiil enter itrto a construclion con�i•act with a dii►d-party in the a�nouat $2S,Q00 of gi�exter, Subrccipient
�nust execuic wiE�t the cont��actor a pay�nent bond in Q�e fi�ll amoui�t of t.l�e conU•acl. If Q�e Subrecipient will enter into
c:or�h•act with a pri;ne coniracfor in exeess of $ I OO,OpO, a perfor�na��ce bond in the ful! �urn�unt of the contr�et is also
requirecl. lhese honds 3rn�st be exeeuted by a coi�orafe su�•ety auihorized to do business in 1�xas, a list of'which �nay be
obtained fi�om the State lnsura�ice Depa��lm�nt �uch assurances of com�letion will ru►t to tl�e Depa�•hne�tl as obligee a�id
must be documented prior to the sta�•t of eonsb�uction.
S�CTTON 25. LITIt�ATiON AND CLAiM�
Subrecipie��tshall �ive Departrne��t irnmediate wrilten notice o���y claiin ar letiorr filed with a caurt orad�ninist►•ative
agency aj;ainst Subreeipient and arising nut of the pe�•forinatiee of this Can4•act or �try subeontract hereuiidea�.
Subrecipient shall fumish to Depa��ment copies of all pei�tinent papeas eeceived Uy Subrecipient with respect to such
lction or cEai���,
SGCTION 2b. TECHNICAL ASSISTANC� AND MONITOR1lVG
AspA��hx�ent or its designe� may cortduct pei�iodic oa1 ar off-site motutoring and evaluatiaaa of the efficiency, economy,
and efficHCy af Subrecipie►at's performa�ice of fGis Conh•aei. Depxt�b�nent will advise 3ubrecipient in wr;ting of �►yy
deficicnaies noted during such monitoring, Deparhnetrt wil� pi'ovide technical assis#ance fo 5ubrccipient and wi11 require
or suggest ahanges in Subrecipient's progra�n ii�ple�nentation oe in Subrecipieni's accounti��g, persatmel, prUCUrement,
and manageatent pmcedures in order to cnrrect any deficiencies iioted. �pa��l�nent may condi�ct follow-up visits to
review and assess the efforts Subrecipiei3t l�ns made to cor,•ect p��evious{y nated deficiencies. Ixpartment inay ��lace
Sitbre<:ipioa�ton a cos�t reimbursetnent method ofpayment, suspend o�•terinin�te this Cont�act, or u�voke otl�er re3nedies
in the event mouitot�in�, ar ather reliabie sources �•eve�ll �naterial defc9encies in Subrecipient's perfor�nf►nce or if
5ubreeipientfails to a�ri•eot a��y deficiency within daetime alloweci by fecie�al or state {aw or x�e�;ulation or by d�e terms
ofthis Cont��uct
SEGTIU�I 27, �.�GAI. AUTHORITY
A. Subrecihient assures a�id gua►��ntees that it possesses the le�al authority to enier into this Contracl, to receive and
nnaraage the fi�nds auU�orized by this Con�ract, and to perform the services Subreeipient has oblig�ted itselfto pe�•form
hereunder. 'Ciie executlan, delive�ry, and perform�ice of this Cont��act will not vio[ate Subrecipient's coi�stitutive
documents or any requirei�nent to which Subrccipic�rt is subject and ��eprese»ts the le�;al, valid, and binding ag�eement
of Subrecipient, e�aforeeable in accordance with its terrrES.
B. The pecson signing this Contract on behalf of 5ubi�eci�ient 1�c��eUy wai��u�ts thac helshe has been duly autllorized by
Subrecipient's governing board to wreoute tllis ConlrHCt on hehalf of Subrecinient �uid to validly a�id legally bind
Subrecipient io fhe terms, �i�'ovisions and perfot�tces hercin,
C. Depa��dneni shali l�ave the right to tei•minate this Contract if there is a dispute as to the legal autharity of eithei•
Subrecipie�zt or the pe��son signinb th�s Contract on behalf of 5ubrecipient t� ei�ter inta this Contract or to render
pex�formAnces hei•eunder. Subrecirient is liable tv �epart�nent for any �noney it has received frnm Depa��tment fo��
performt�ice ofthe ptbvisic��ts ofthis Cpnta�act, if the llepa��tmeni�tas terminated t{�is Conti�et for reasons �nunterated
ir► this Seci'ton 27.
,�rc.�rr��v �8. COMPLTANCE'1�V1TN LAWS
A. faEQEIUl1... .S'rATL AND L�CAL I,AW, Subrecipiei�t shall comply witla tl�e McKinney-Vei�to 1-Toanelessnass
Assistance Act, tk►e fedet�a) rules and cegi�lations promulgated under 24 C.r�.R. Farts 5&, 85, 91, 576, 582 aiid 583,
Title IO of tlie Texas Adminish�ative Code, ar�d all fecleral, state, and local laws and regulatiorts appHcable to ihe
perf'ormar►ce o Fthis Canfract.
P��e 10 �f 22
B. D12C1G-F'CZ�E: WORKI'LAC(, /-1CT �P 1.9�t�, 1'he Subrecipient af��ms by signiiag this wnYract ihat it is
im��lementing ihe Drog-�'ree Workplace Act of 1988 (41 OSC 701 ,et seq.),
C. LIMITED �NGLISH PROP'1CTENCY,�I.F,P . Subrecipients musi provide program applicAtiOns, foi7ns, �nd
edt►calional i��aterials in Ei�glisl�, Spa�iish, �ui ar�y appinpriate la��guage, b�sed on the needs of the service aeea aj�d in
compliance wilk� tllc re.�uirernents in Executive Order 13166 of August 11, 20U0 t�epriuted at 65 F.R 50121, August
16, 2000 improving Access to Seivices with Liuxited Cn�lish Aroficiertcy {LIiP) at G7 T.R. 414SS. To cnsure
complia��ce, tl�e Subrecipien# must t�1�t� reasanable steps to insure that persons with I.imited English Proficieney have
meanin�ful acc;ess to th� prng+•am. Me:aningf`ut access may e�rtail provide lan�uabe assis�nce services, iucludin� oral
fl��d written lranslation, where necessary.
D, ACCBSS. Subrecipi�nt mustitteet tl�e �ccessibiJity st�uidards uncier Sectio�i 504 ofthe Rehabilitatio�� Act of 1973 (5
U,S.C,'i94) a�td its iinpleu�eniing regulations at24 C.F.K Parl 8, The �'air I�lous�ng AcY (42 U.S.C. 36U1 et seq.) and
Titles Il and Ill c7ftheAmeaica��s with U�saUilities Act (42 U.S.C. §§ 12131-I21$9; 4'l U.S.C. 155, 201, 218 a�id 255).
Subrecipienfs shall operatc eacli progr�m or activii�� receivir�g �SG fxnancial assistance so that il�e progi�n or
activity, when viewed in its enti�•ety, is readiiy accessible and usable 6y individuals with disabilities. Subeecipients
a�•e al so ��ec�i�ired to provide i�eascmable accommodations for persons wilh disabi tities.
E. LEAn: Lead-based paint.rerr►�diatio�i Hnd disclosureapplies io al1 F?SG-Funded shelters a�id all h�using occupiedUy
GSG pacticipatats. 'Z7ie i�ead-Based i'aint I'oisoning Prevention Act {42 U.S.C. 4821-4�46}, fhe Residenlia!
[.c:ad-T�ased 1'aint I-I��u�d Reduction Aet of 1992 (42 U.S.0 4851-485G), and tl�e relev�rtt sub��a��.s of' the
imp[einenting rcgulations at 24 C,F.R. Part 3S, Subpat�ts A, T3, }�, J, K, M a��d R apply io aetivities iinder this grant
nrogratn. The Subrecipient mustalso comply withfhe Lead, Ref�ovation, itepair, and Painting Progra�n T'inAl Rule, 40
C.F.R, T'at�t �45, where applicable.
SECT�ON 29. PREVENTIUN O�' WASTE, FRAUD, AND AI3U�F.
A. Subrecipient shall establish, maintain, and utilia_e systems and procedures to pc�event, decec� anc) correct was�te, fi•aud,
and abuse in activities funded u►�de�• tnis CouEract, T(te systems and procedures s{�all add��ess possible wast�, fraud,
�t�d abuse by Subrecipient, 9ts emplpyees, clients, vendors, snbcontractors anci adminisierin� ageticic�s. Subrecipient's
inte��nal coitU'ols systesris and all transactions and od�er signifcant evcnts �►�e to Ue olearly documented, and the
docuineutation isto bereadily available for �nonitori��gby Dep�u•tment�
f3. Subrecipient shall �ive i]ep�c�l�ne��t compleie access to all of its reco�•cis, etnployees, ar►� agents for ttae purpose of
�nonito�ir►g or investigatin� tl�e �SG pragi�n. Subrecipient shall irrunediately notify Departmef�t of a�iy discovery of
waste, fraud, or abuse. SuUrecipient shall fully caoperate with Deparlment's effor� to detect, ii�vestigate, and pn�veut
waste, fi�aud, and abus�e.
C. Subrecipientmay not disa�iminate against a��y employee oc ather peison wh� reports a violation of the ter�ns �ftihis
Contract, o�• of any law orre�ul�tion, to llep�v�ment ar to any a��propriate law enforce�nent authority, ift}Z� reportis
made ia gaocl fai�i.
STCT1()N 30. CERTI�IGATION 1t�CARDIN� UN�OCUM�NT�D WORKC:I2S
Piusuant to Chapter 2264 of the Texas Gover��ment Code, by ex�ution of this Contract, Subreclpient liereby certi C�,s
diat Subrecipient, �r a braticl�, �iivision, or deparlment of Subrecipient does iiot and wip not knowir�gly employ ��
undocumented worker, where "undocumenced worker" �neans an utdavxdual who, at tl�e time of emplayment, is not
lawfuliy aclmittetl for pe�manent rzsidence to the �)nited States or authorized undet• law to be einployecl in thaG �nanner in
the United States. lf, aftei� receivin� apublic subsidy, Su6a�ecipienf or a branch, division, or• depa�rtinent ofSubrecipient
is c�uvicied of a violstiot� unde�� 8 U.$,C. Sectic�n t324a (�, Sub��eeipiant si�all r�ay the public subsAdy with interest; at
the rate of five percent (S%) pec amtum, not later than thc 120t1i day after d�e date the Denartment notifies Subreci��ient
af the v+olAtia�.
Page 11 af 22
scc���oN 31. coNr�,ic�r ar ��u�r�Rcs��ir��ro�r�sn�
A. Subrc�ipientshall maint�3in writte►i s4.��adards of conduct gove�ititt� the perforniance of its eanpioyees eatga�;ed 9n the
awardand adminisi�•ation ofcontrticts. ]�ailureta maint�in written stu�dards ofcouductatad tofollow a�id enforcethe
writte�� slandai•ds is f� condition of default undG• this Conh•act and may resuit in termi��aHon of ihe Con��acl or
deobtigatio�i of funds,
B. No employee, office��, or age�tt of Subrecipientishali p�rticipate in the selection, award, or administration af a contract
sup��orted by fedeial funds if � rex�l or app�t•e»t wnflict of interest would be involved. Stich a confliet wottld a.rise
w)ten the employec:, o#iic�r, or ageni, any meanber of ]xis or her inuner3iate f�nily, his or l��r pa��tler, o�• fln
orga�li7ation which einploys or is about to employ v�y ofthe P�rt�cs indicated herein, Jtas a fina�icial or other i�iierest
in ihe fiitin selectui for a�l Award. 7'his a[so applies tn tl�e pracureinent of goods aa�d services under 24 C.F.R Pu�t
85.36,
C. Tl�e officers, en�ptoyees, 2uad a�e.nls af t��e Subrecipient sl�al l neill�e.r solicit nor accept graiuities, favors, or anytk�ing
of monetaiy value fi'om conh�acto�s, or parties to sub�ree�nents, Subrecipiea�ts may set st�n�iards f'ar situatioi�s in
which ilte finanei�►1 interest is not substantia! or fhe �ift is an unsolicitetl ite�n of noininal value. 1'I�e st�nd�u•ds of
aonduct shail pro�ide for diseipliixmy actions to be applied forviolaiions of suclista�3daids by offiee�s, enipioyees, o��
a�;ents oftheSubr�cipiet�t. '
D. Subre�i�ients wlio a��e local gove��nmental entities shall, in addition to the requireinents of this Sec�ion, follow the
re,�uii�e�nenis of Cht�pter 171 of the I..ocal Government Codt; regarding confliefs of inte��st of of'ficers of
municipalitics, counfies, and ceetain otl�er locr�l gnve►•ntnents.
E. The provision of' any #ype or amount of ESG assistanc,� may not be canditioned on �al individual's or family's
acce�fance o►• ouupancy af eniergency shelter or lfousin� owned by the recipient, 0�e Subreeipient, or a pa�•eni or
subsidiary offhe Subrecipient.
F. No Subreci�ient may, with respect fo individuals or fatnilies occupyi�ag ho��sing pwned by the Subreci�iettt, or a�ry
parent or subsidiary af the Subrecipie.nt, carry out the iiiitial evaluation i�equi�•ed urlder §576.401 of ihe ESCr
Reg�ilaYions or adminis�ter liome[essness preven�ion assisi��nee u�ider �576,103 ofthe P,SG Re�ulations.
S�CTION 32. POT�iT�CAI. ACTXVI'CY Y1tUHIIiITCD
/�„ None of the funds provided utad�r Chis Cont�•aet shall be used for in[Iucncinb tiia outcome; of airy elaction, or the
passage or defeat of any legislative m�sure. Tl�is prohibitian shall not be consh•ued to }�revent aa�y o#iicial or
employee of Subrecipient from furiiishing to any .membcr af its governii�� body upan request, or to a��y other locAl or
state o#�icial or exnployee or to any citi��n infortnation in the hands of the em�loyee o►' off'icial not considered under
l�w t� be con�dential information, Any aciion taker► against an employee or official for supply3ng such infarmatian
sftall subject the person initiadng fhe action to i�ninediate dis�nisst�l from employrnent.
�3. No funds pt•avided under this Contract may be used directly or indirectly fio hii�e emp(oyaes o� in any ather way fund
or suppoi�t candidates fa• 1he lebislative, executive, or judicial branclies of governme�xt af Subreoipient, the Statc o�
'I'exas, or the �overnment of tl�e [lnited States.
�GCTIUN 33. NOlY�llI�CKiMINATCUN AND �(ZtIAL C)PI'OR7"UNITY
A, A persor� slaali not be excluded fi•o�n p�u�ticipatioi� iti, be denied the bencfts �f, be subjecteci t4 cliscritninaiio�i under,
o�� be denied eroployment in the adtninislration of or in connection with any pKO�a'am or activity fundecl iti whole or in
pa��t with funds made avt�il�ble undec this Contrac�, an the grounds of race, color, religion, sex, national ori�;in, age,
dis�.bi}ity, politicai affiliation or belief:
13. Subreci�ient ag�'ees to carry out an Equal Empinyment Oppo�tu�►ity i'�•ogr�n in kecping with the �rinciples as
provided in C'resident's l;xecutive Ordet l 124G of Septembe�� 24, 19G5.
C. SubrecipieEit wil] inalude the substance of Section 33 in all subcontraets.
Page 12 nf 22
SCCTYON 3�. CGR`I'iI+ICATxON it�GA'R�YNC CT;RTAIN llI5A�1'LR RELICI+ CON7'RACT�
The De�a�tmentmay not aw�i•d a Gontract th�►t incl udes proposeci fr nat�cial pa�ticipatio�i by a per,5an who, dljcing the five
yea�• period precediug the date of this Conti�act, l��s been couvic#ed pf viola6ng a federal law in Gon��ection witli a
conu•act arvai�decl by the federal governn;ent for r�lief, i�ecovery, or reeonstruction effo�ts as a cesull of l��[urrica�ie Rit�, as
defineci by Sectiun 39.459, Utilities Code, Huri•icane �atrit�a, or any o��e�• disatter occurring after Se�fembei� 24, 2005;
or assessad a penalty in a federal, civiI or ad�nini strative enforeeanenl actiori in oonnectioat wi�h a cont��►ct awu�ded Uy Qie
federAi govern►nent 1or relie% recovety, or reconstruction effo�ts as a result of kiurrica��e Rita, as defined by Sectio��
39,459, iltiiities Code, Hurricane Katrina, or any otlie►• di �ster occurring a�er Septunber 24, 2005.
By executioi� ofthis Coi�traci; the Subrc;cipiei�l ta�r�by ce�tifies that it is eligible to pa��ticipate iti �SG and acknowled�es
iliatthis Conh•aet �nay be terminated and ��ayment wid�i�elci if ilais certific�.�tion is i��accurate.
S�CTIOIV 35. C�RTIFICATiAN .R�GARD.IIYG MAY11iTENAIYCE OF I�;�FORT
Funds provided fo Subi�ecipient under this Cont�•fick m�y uot be substitufed for funds or resou�'ces fi•o�n any olher source
or in any wAy se�ve to reduce tlie funcls nr resources wluch would h�ve been avaitaUle to or provided throu�h
Subrecipienthad this Contractnever been executad.
S�CTIUN 36. D�BARI2�ll AND SUSP�l�ll�;� 1'ARTIC:S
13y signing this Contract, Subrecipiet�t certi�es ti�at i�eithe�� it nor its cu���•ent �x•.ineiple parties are incltuied i�� t�Re Excludeci
1'fvties Lis� System (�;t'�.S) maintained by the Gei�eral Setvices Administratioii (GSA). Subr�cipient also certifi�s that it
will �iot aw�u•d any funds providc�l by this ConU��ct io a��y party t�iat is debarred, saspended, or oth�t'wise excluded from
or ineligiUle forparticipation in federal assista��ce programs under �xecutive Orde►' 12549. Subrecipientagrees ihat prior
to enteru��; into any agreement wiih a potential s�ibco�rtractor that the verifcation process to comply wiih tl�is
reyuue3nent wil! be accomplished by checking the �xc(uded 1'arties List Sys�em at http:!/www.ep�s.gov/ oa• by collecting
a ce��tit'ication from lhe }�ot,entia] suUcoErtracw��.
SECTION 37. SPCCIAL C�(?NUIxIUIVS
A. Depfl��lmentshall.not release any fi�t�ds under fliis Cun��act until Ik;pa��tn»nt liasdetermined ihAt Subi�ecipie��t's �sc;al
conb�ot and tu�id accounting procx�du�•cs are adequate to assure the p�•oper disbursal �f and aceounting fur sueh funds.
�3, .Uepai�hneut sl�all not release any funds wider this Contr•act until Ue�a�tmeiit hras received aprope�•ly co�npleted llireci
l�epnsit Authorization form fi•om 5librecipieizt.
C, Subrecipient shall obligate (as sucli te�'m is defined in 24 C.i'.R. §57�,203) all funds �rovided under this Conti•act
within 120 days as of tha date in Su6racipient's awai�E lettea'. �epa�'Unent will rec;apture any funds not so o6ligated.
D. Subi�ecipient shall ensurc tliat any building reha6ilitated wilh %unds provided under this Contract is �nainfainetl as a
shelter foz• the homeless for nnt less than a th��ee (3)-yea�� period or for not less than � ten (1D)-year period if such
tunds �'e ��sed fnr major ��ehabilikntiati or conve�siot� �f the buildin�, Tl�e applicg.ble peripd si�dll be c�lculated 'u�
accordanca wiih 24 Cl�.tt. §576,
r::. [f Subrecipient uses fands ��eceivea under this Caixt��act to pcovide e�sential services, hanel�.ss preventio��, or
maintenance and operating costs, the activities mus�t be ca��riecl aut wrtil �ll of the funds made nvailable under this
Cvtth��et far such activities are expended or fac U�e Cocit��act 'Ierni, whichever is slio��ter. Subrecipicnt may use one oc
more sites or sEractures to ca���y out lhe aotivities but it must se�ve d�e same general population, T'i�e "satne general
popufaiion" means the types of homeless persons originally seived with ihe fi�nds or persons in the sa��ne beogxaphical
area. '
F. Subrecipient shall make known that use of tl3e facilities and services iuncled nnder lhis Confiact are available to all o��
8130J1i�I5Cl�i�ninHtotry basis. Si�brec:i�ient also must adopt a�id implsment proeeciures designed to ma{ce available to
intares�ed 1�ersons information c�nceniing the existenee and location af serviees and facitities iha# are aecessil�fe to
persons with a disaUili�ty.
G. St�brecip;ent shall admi��ister, in good faith, a polioy d�signec� to ensiir� that ifs homeless facility is fi�ee from the
illegal use, possession, ai' distribution of dr�Egs or alcohol.
I'age 13 af 22
H. I'a• �ury ESG activities that ��uld irsult in the dis��lacecnent of persons ar businesses, Subrecipient mtzst follow
Uuiform Reloe,�tion Assistaztce and Real P�•operty Ac:quisition Policies AcC of 1970 (42 U.S,C, § 4201 - 4t55) ([1RA)
u�d its implemen[ing i�egulations at49 C.F.R .Pari24, Subpa��. i3, and llU� i-fa�icibook 1378.
I. Suba•ecipicnt shall, to the maxununt exfent practicable, involve, thmugh employ�n���t, uolut�teer se�vices, or
oQ�erwise, homeless individualsand fa�nilies iu amstructirlg, renovation, rnai{�tainin�, and operatinb fac;liiies assisted
under this Caitracl, in providin� services assisted u�xder this Contract, and in providing se3�vices for accupants of
Cacilities �tssisted under this [onlracf.
J. Sub��ecipie�zts utilizing �SG funds for ��no�vation, ��cpair, r�habilitaGon, or couversion of buildittgs are responsible for
a�mpliancewith 24 C.F.R P�t�t 135, i�eferrul to as "Section 3;' and shall include 1he clauses liske�i in �135.38 i��al[
subcontracts covei�eci Uy Section 3. i�fomeles� inc3ividuals have �riority ove�� Seciion 3 residents.
K, lf Subreci�ient intends to provide einergency sheltei• for homeless persons in liotels or motels, oc other commercial
facilities providitag iransient housing, Subrecipie��t roust provide tlie Depa�tment with a certification that: (I ) lezases
negotiated betw+een Subcecipient and providers �f such housin� provide rn• will provicie that �t�e living space wilf be
r�nie� at subsiantialiy less that the daily room rate otheivvise cha�ged by tlie faciiity; anci (2) the Subrecipie�it ]t�s
considered othe�• faciliiies as enlergency shelter, anc� lias determinec! ihat use of the facilities provides the most
cost-e .ffective roeans of praviding ernergeney shelter in its sea�vice area.
L. 5ubreci�ietit shall develop and im�lement pracedures to ensure tlie confidentiality of x•ccords pet�tairxing ta a��y
individual provided fa�t7ily violence prevatiti0�� or treatme�it services undej• any project assisted und�t fhis Ctinri�act,
at�cl thai lhe address or location of any family viole��ce shelier pinject ttssisted will, except witl� written authocization
of tl�e ��e.r�n or persnns respoi3siblc: f�r the operation of snclt slaclter, not be made p��blic.
TVl.Subrecipient shalt ensure that any building for which ESG atnounis u•e used for i�enov�tion, conve�sion, or �taajor
rehabilitatiou musi meet [ocal gave���ment safety and sanitation sta�tdards a��d shelter and l�ousing standards as
autlined in §57b.403 oftlte LSG Re�ulatinns.
N. None of the fands provided under tl�is Cor�bracc may Ue useci in �:nnnection wii}� any dwelling unit unlE;ss the ujut is
protected by a�a��d-r�ired or bafteiy-operated smoke detectar installed i�i accorda��c:c: wiAi Nata�nal Fii�e Ri•otection
Association Stand�•d 74,
S1+:C�'�()N 38. 1V4 WAIV�:R
Any ri.�ht or re�nedy givcn to Depa�•Unent by this Contract shall �iot preclude tlie existence af any other a•ight or remedy;
neiiher sha{1 any ac#ion taken i�� die exercise of any right or neanedy be deemed a wAiver af �ny other rig�rt or t•ernu()�.
Tite failui'e of Departmentto exercise a��y right or remeciy on any oc�asion shalt not constitute a waiver of I)epa�•tment's
right to exercise that or any other ribht ot� remedy at a]ater fitne.
SF�CTIpN 3). ORA.I. ANll WR�TT�N AGRC�MEN'('S
A. Alf oral and written a�recments between tlae part�es to this ConU�act relatin�; iu the subject maiter of tliis Cottb�ci have
been reduc.�d to writiu6 and are c:ontained iu this Conl��act.
]3. 'I'fne atfachments en�imerated a�id denominated below are a pa�t offhis Contract and constitute promised per'for�nartcc:s
u�ider ihis ContrACt:
(, Bxhibit A - Per�orn�ance ]'�ocument �
2. I:xhibit I3 - �udget
3. �.xi�ibit C- Match Requrrements Document
4, �xhibiY D- Applicahle Ldws and Regulations
5. Exhibit E- Gei�ificatiou Re�ardin�; l,obbying for Conh•acts, Ga�ants, L,oans, and C:ooperativc A�reements
SEC'i'IUN 40. SI:VI:liAB[I.,iTX
If'any section or provision of this Coniract is hefd to be iuvalid or unenfarceable by a courtar an admiuisti�ative teibunal
of compefent jurisdiction, the remainder shall �+emain valid aud bindia��.
C'a�e l4 of 22
SEC'iIUN 41. CUI'XRICHT
Subrecipientmay copyri�,ht matet•ials devaloped in the perfor�nance afthis Co�xt�•act ar widt fimds expendeil �uidei• this
Contraci. Deparlment and H[1D sl�al! each have a royalty-�'ree, noaxexclusive, and 'u•revocable ri�ht to reprodt�ce, publish,
�r otherwise use, a��d to authorize others to use, the copyri�hted work for gc��vernment purposes.
SECTION �2. U�C OF ALCUHULiC I3EV1{.RAG�S
i�u��ds provided under this Contract may nat be ased for fhe payment of salaries to any Subrecipi�nt's em��loyees who iise
alcohotic Ueverages while oat active duty, for t��avel expenses expended far alcoholic bevera�;es, ar for fl�e purcltasr; of
t�lcc��iolic beverages.
SI;CTION 43. �AITN SASED AND S�CTA�RIA�1Y A�:TiVITY
I�unds provided under this Contraet may nat Ue ��sed for soctarian or iatherently religiaus activities such as wo►ship,
religiaus instruction or pa�aselyti�ation, aiid must be f�r flte benefit af persons resardless of rel�gious affiliati�n.
3uUrecipient sliall comply wi#li #he regulatio��s px�otnul�ated at 24 C.F.R. §576.40fi.
SECTION 44. FORCG MAJIIRF:
lf tlie obligatior�s are delayed by d�e foflowing, an equitable atljusUnent rvil[ be made for delay or failure to perform
1�ei�eunder:
A. Any of Q�e following events: (i) catastropf�ic weather conditions or othe�• extraord'ui�iy elemeni:s of nature ar acts ai'
�od; (ii) acts of war (decl�u�ed or undeclarcd), (ii[) acts ortereorism, insuirection, riots, civil dis�rders, a•ebellion or
sabotage; and (iv) qua��antines, embarboes and athsr similar wlusual actia�is of fede�^�1, provincia[, IOCA� Ol' %1'Cl�ll
Goverrnnental Authorities; ��d �
B. The t�on-perfocming pa�ty is without fault in causing or� ft�iling to prevent the occurcence of such event, a�ld such
occurrence could not liave been circu�nvented by reasonable precautior�s nnd co�dd iiot have been prevettted or
circumveutex{ th��ougli tl�e use of commercia.11y ret�son�ble alternative souecE;s, wnrkarounci plans or other atteans.
S�GTION a5. T[M� IS OF T�i� �SSENCE
7 i�ne is oC the essence with respeetto Subcecipieni's co�npliance with ail covenants, a�;��eetnenls, terrns a��d condifions of
this Cont��ci. �
SCCTIaN 46, C�UNTERPARTS AND �ACSIM�C�� S1GNA'['UR�S
This Conlract may be eaeouted in one or ►no►•e counterparts ettch of which sl}all be deemed an ariginal but ail of wl�i ch
tp�eLher shall constiiute one �td the s�tne itlstrument. Signed signature �abes ynay be t�•ansini[ied by facsimile or otlter
eltCli'OII1C fl'0f7S11115S10i1, aTld flrij' SUCII SL�Ila�Ut'6 S{]a�� �laVO fI1C Silfil6 Ie�,a� �I�CC� �.S dI101'1�11121I.
S�C7"IUN 47. NUMBTIi., G�NDE�R.
ilnless t��e conte�t 1'a{uires othet�vvise, the wards of the mas�uline gende�• slit►]1 inc(ude il�e f�ninine, and singulat� words
sl�all include ihe plural, �
i'age 15 of 22 '
SCCTION AR. NorY�rc.r
A. ]f natice is providec( conc:e��nin� this Contraet, notiee i�ay be given at the followir� (I�erein refe�•red to as "Notice
Address"}:
As to Depa►•tmet�t:
TEXAS �Fp,AitTMEN 1' OF iiOUSING AND CUMMIJNITY AFFA]RS
P. 0. Box 13941
Austin,']'exas 78�11-3941
Attention: Michacl Ua Younb
Telephone: (512) 475-2125
Fax; (512) 475-3935
michael.deyoung rr tdhcastate.tx.us
As to Sub�•ecipiei�t:
City of Denton
COl �. I�icko�y Sti•eet, Suite i3
llenton, TX '1G205
Attention: George Canipbell, City Mana�4�'
Telc:phone: (940) 3�49-7756 Fax: {94�) 3�#9-7753 �m�il: geoi•ge,cAmpbellLcityofdeziton.com
k3. All notices ar othei� communications hereunder shall be deemed �;iven when deliveeed, mailed by overnibhtservice,
or five days a1�er ►��ailia�g by ce��tified or registered mail, postage prepa3d,1•eturn receipt requested, adciressed to tl�e
appropciateNotice Address �s deftnecl ii� die above 5ubsection A of#his Section48.
S�CT�ON 49. VI;NCJ� ANA JURISDICTIUN
This Contrael is clelivcred �uid intendecl to ba performed in the State of inexas. Foi• pueposes af liti};ation pursuant to this
Contraet, venue sh�l! lie in 'I'ravis Cnunty, Tex�s.
�XCCUC�D to be ef�eckive on October Ol, 2012
Giiy ot' Deiito�t
a political subdivisioi� of the State oiTexas
By:
Title:
D�te:
T1+.XAS llEPARTM � NT UF HOU�ING AN� COIVIMUNiT'Y AFFA.IRS, a public All[� U�Glifl
s��ency of the State o� Texas
�y:
i'i1:le: Its duly authorized office�� or represeiltati've
Date:
Page 16 of 22
'�I;XA� DEPAltTN1rNT Oa+ I�C)USTNG AIVD C,()MMUNI'�'Y Ak 1+AIR�
CON'I'Itr�C;TNU. g21Z(l001530 Ti()tt"I'HI;
�'Y 2012 �MERG]iNCY 501 UTI�NS C'�2AN"1'S (ESG) PT2.OGRAM
C�I]A NU.14.231
FXHIBI'i A
1'ERFnRM�NCF 1�OCl1MLNT
City of D�nton
a palitical subdiv�sion of the State of Texas
Peri'orc;iance SYatement
Octobcr l, 2012 - S�ptember 30, 2013
FiNANCIAL �Xp�NDITU1tE 12CQU1REM�NTS:
To assui� tite iitnely and approp��iate use of ESG funds, tl�e Departttient h�s estaUlislteci ttte f'ollnwinb expenditure benchmarks. 'The
Depa��tncnt will i�eview Suhracipient pe��formance in e�cpending �rogra�n fua�ds on a quu•terly basis, Subrecipiezxt is advised that failu��e
to expend funds in a timely f'�,5hion may affect fu#ure fundin�; opp�ctunities.
Subrecipients Yrn�st fnilow the followin� expenditure schedule:
Contract i 0% expended as provided in the Budget by the end of the f3•st qusrter-UecetnUer 3 l, 2012,
Contract 40% expended as provided in the Budget by the cnd of the second yua��ter-Iv�arcl� 31, 2013.
Contract'75% expended as provided in tl�e Bud�et by the end nf ihe tl�irt) quarter-June 30, 2013.
Contract 100°!o expended as provided in tlte Bud�;et by ihe end of the Co�atract 1'erm (fourdi quarter)4September 30, 2013.
PROCyRAMMAT�C PERFOltMANC.F YiEQUXXt�M�NTS:
7'o assure thc; timely and app��opr[nte use of ESU funds, the De�ai�lment 1�as included iiie following perfrn•mance schedule as part ofthe
Contt�act. Subrecipient will es�ablish tat•�ets for p��ograin activities �nci will report tfios� ta�gets to tlie Depai�hnecit via fl�e 'Ta�gets
Spreadshee# Faern supple.me►tt ka this Contract which will be emqiled separaloly #o the Subx•ecipient. Subi�acipient will repo��t
perform�yce on a anonthly basis to the Depart�nent through the Camm��nity Affairs CntrU•act System, and the Deparh�nent wil] ��eview
Subrecipient perfoi7n�tce in meeting pragrani #a�gets o�i a quat�terly basis. Subrecipient is advised tltat fsiiui�e ta provide prog�•am
services in accordance with die targets establisheci by ii�e Subrecipient may a�'ect fi{ture funding oppoa�tunities.
Suhrecipienl n�ast follow the following perfiot•tna��ce schedule:
Na less th�n 5% ot' all targets, as �stablished by the Subrecipient n��t by the end �f the f rst cauarCar-DecentUer 31., 2U 12.
No less than 3S% of all targets, as establish�d 6y the Subrecipieni met by the end oi'the second qua��ter-March 3l, 2013.
No iess than 75% of all tar�ets, as established by the Subrecipient inet by the ettd of the third quarter-June 30, 201 �.
140% of aI{ .tai�gets, as establisl�ed by the Siabrecipient met by the end of fha C�ntrHCt Term (fow�l� quarte�)-��ptember 30, 2013.
Pase 17 of �2
'I'Ei�A,S a)�!;I"A,RTMGIVT OI� I30U�.ING ANI) COMMUNI�'Y AF%Al�i�
CON`CRACT NO. 4212(ip015�0 1�012 THL
FY 2012 6MERG�NCY SOLUTION5 GRAN'f5 (ESG) PROG1inM
. CrDANO. 14.231
EXFII131T I3
DUDGE'I'
City of peuto��
a polxt�cai subdivisio�► of the State uf Texas
U�PARTM�NT rl'NAl�C1AL OBi�i(aAT10NS
Bud et Cate or Cate u Totals
Street Outreacli � �•4�
Tmer�ency Sl�clter � 262,872,00
Fissential Services $ 137,594.00
Opei�atio.ns . $ 125,278.00
Homclessness �'revea�tior� $ 97,96�.04
Housing Relocation and StabiIization Services-Tinancial $ S,OUOAO
Tenant-based ��e�ital Assista�xce $ 92,962.00
Rapid Re-Housing � 8�,OQ0.0�
Housin�; Relocalion a�id Stabilization Se.rvices-Fin�ncial $ 7,500.00
T-lo�isin� Rel�cation and Stabilization Se►�vices-Survices $ 33,000.00
Ten�irt-based �•er�tal assistance $ 48,500.00
Humeless Management luformation System (HMYS) � l 1,016.04
Administrative Costs $ I I,290.15
T�TAL $ 472,�A0.15
Additional funds may be obligated via Amendmefrt(s), rui.tds anay a��iy be obligated and ex�e�ided dm�ing the cur+�e»t Co�3tt�act %r�n.
Unexpenc�ed fund balances will be recaptured.
FOOTNUT�S Tq BUDG�T �ORAVAYC,AI31,� ALL�CATIONS:
Subrecipient must request in writing any adjusUnent needed to a budget catebary befbre 'T37HCA will make any adjustrnei��s to the
btidgetcategories. Ox�ly t1►ase �uvriften request{s) fram tl�e Suba•ecipients a•eceived at lcast 60 days pt•iar to thc encl of
fl►e Contract Ter�n witl be reviewed, 'PDHC,A, may decline to review wi•iEten requests �•eceavul du�•In� t�►e fina160
days of the Cunfr�et Term.
Mzucimum far administration based on 3.�5% of khe total allowable expendilui�es excludiEig trave► fo�• training.
Subreeipient ►nay apply Administraiiou funds to pay for travel c:cwsts incurred to Attend the September (3-14, 2012 GSG ��ogram
Workshop held in Ausiin, Texas.
Pa�e t $ of 22
'�'T�,KA� b�'�'AR7'MCNT ON" �.UTJ�YNG ANI) COMMUNITY AY+FATR�
CON'tRACTNn. ��120�01530 rORTI�E
T'Y 2Q12 CMERGENCY S�I,UTXOT�IS GRANTS {ESG) PROCiRAM
CI<ll1�N0. 1�#.231
. F,XI-IIB1T C
MATCH R�QUiRE;M�NTS UOC'�MCN'I'
City c�f llenton
a political suhcNivislon o1' the State uf Texxs
Tyne (So�u•ce_of �VCatch)
Otlier Non-��G H.UD Funds
Uthcr Nederal Funds
Statc Gove�'ument
L.ocal G�vernmei�t
Privatc F�u�ds
Othe�•
Fees
Program Incunie
MATCH T[)TA�[.,
Page 19 of 2z
Dai la �______��v�____VHlue
S O.Ofl
$ ] �,65,5,U0
� o.ao
$ 1�,3i$.00
$ 379,482.15
$ b3,G25.40
$ 0.00
$ 0.00
9� q72,140.1a
ESC Subreeipie�ils �nust matcl� tirei r a�v�d anlaa�ft with �i eqt�al rn• gre�ter a�nount af t•e.snure�s finm other fht�i I.SG fu��cls.
L� ,,,ti�{ble Sourc�s_nf Matcl�:
° any saurce i�icludin any Fede��al source (except for ESG}
o any state, local, �n�pt•ivate sc�urc�s.
xf usi�t Federfll sottr•ces the folfowin ri�les a 1:
o tlle laws �o'verning any source to be used as �match tnust not prohibit those fi�nds fi•�m Uein�; usecl as match,
o if'�� funcis are to be useci as mateh for another fede►�al program, t}ten that pr�gram inay �iot be used as match fo�' ESG.
Reca n.it[p�� of Matchiyt Co��tribrYtions:
o Match funds musC meet alJ the requi��e�.taents that apply to ESG funds {except expenditw•e limits)
o Mltching contributio�3s niust be p�•ovidecl during thc Contract Term
o Cash contributions mi�st be expended within the expenditure deadline d►�.ring the Contract 1'ei•n�
n Noti-cash contributians must Ue mad� within the expenditu►•e deadline (above)
o Contributions used to match a previous ESG grant may not be us�d tq match a subsequent geani
o Coni�•ibutions used to match a.iaathei• federal gratlt may not be used t� �natch ESG
�li ible'1' CS n� MAfC�llfl ContribuEions:
i. Casl� Co��tributions-Cash expe�yded for aUowaUle costs as defa�ed in UM}3 Circuldi�s A-87 (2 C.I'.R, Part 225) and A-122 (2
C.F'.R. Part 230) ofthe Subrecipient, Sources of cash cont�•ibutions may inciude private donatioj�s, or gr�urts, from fc?undatio��s,
nonprofiis, ar local, state a�id federal fi►��ds.
2. Non-Cflsli contributions Non-cash contributions are the value of a►iy real j�roperty equipmc;nt, goods, or s�ervices contriUutect
to ti�e Subtecipient's I:SG progr�un, pravided iliat they wnuld be allowable if tlze Subirocipient liad to pay for tl�em.
C,��sis pnid by program incorr►e dtn�ing the gr�it pe�•iod �re to be consicieird as match providecl they areeligibla coststhat supplement
the L'SG program. .
I'age 20 of 22
T�',7�A� Y)�;PARTII�NT UF HOU4IIVG AND CU1V,�MUMTY A�'Y+A.�I��
C�N7"RACT NO. 4212tM1015�p TOR 'li-i E .
FY 2012 EMGRGENGY SO1..iITIONS (iRANTS (CSG) �'ItOGItA.M
CFUANO. 1 �k.231
EXHIBI'I' D
AC�T�LiCAL3Ll� I.AWS AND it�GULA'T'IONS
City of Deaaton
a pali#ica� sabdivisic►t� of tltic �tTic of Texas
Ti�ese applicabie iaws include but a��e ►►ot 1 icnited to Ho�neless �mecgency Assiskance and Rap id '1'rasisition ta Housirig Act, as ame��ded
(42 U.S.0 113U2 et, seq.)
�4 C.F.R. Part 85;
24 C:F.R. Part 91;
24 C.T�.R. Part 57C;
2a C.T'.R.1'ai�t 582;
?.4 C.F..R. Pa�t 583;
Applicable Offca of Mataa�ement �ind Bud�et {OMB) Ci�'culars;
10 Texas Admit�ist�•afive Cod�, Clfapter 5, Subchaptars A, and K
Pa�e 21 oY 22
Ti�;XA� DLl'ARTIVII�:NT U�' �-TOYI�ING AND CUMMUIVITY AI?I+AtItS
CO?*ITitAC1'NO. a212(i001.S30 I�OR THf�
�'Y 2Q12 EM�IZG6NCY SOf..U7'IONS GRAN'TS (ESG) PltpGktAM
CrpAN0.14,231
�xF�iB��z• r
CrRTIFIGATION K�GAItUING L.OBBYING FOIt
CONTRAC;TS, (xRA.N`i'S, LOAN�, AND C�OI'ERATIVE AGR�C1VCy;lVT�
City of Denton
a political sttbdiWision af tGc State ut' Texas
1'he undersigned certifies, to the best of its knowledge ancl beHef, ihat:
1, No fecieral uppropriatctl funds have been paid or will be paid, by oY Dn UellAlf Ofthe undersi�ned, to �ry persor� for ii�ftuencin�
oe aiteuiptin� to influence an off"ieea� or �mployee of Tn a�ency, a�nembec of eongress, ar� offiec3• ar employee of congress, or
an eanp loyee of a member of congrea� in connecti on with tl» awardi��b of a�ry tederal conU'act, Uie �naking of any fedet�al grant,
t(ie making of �uy %deral loan, tiae eni:ering into of any coopeca6ve agt�eement, or �noditieation of a��y fec(eral co�3traci, grant,
loan, or coopea�tive a�reement, �
2. lf�r�y funds oil�ec than federal ap�ropri�ted funds have been paici or wi11 be paid t� �r►y peM•son for in�lueiici��g or attetn��tin�; to
infiueaice an oflicer or employe,e of a,iy ageaicy, a n�e�nbcr of congre�.s, an off`icer or employe� of congress, or axi empioyee of a
member of congress in cannc�tlon with this fedeial contract, gi'�tt, loan, or coopei�ative Agreement, t)�e undersi�;ned shall
complete a►id submit standa�'d for�n -I ],L,, "Diselosare Form to Report Labbyi ng", In t�ocordance witli its i nsiruclions.
3. 'I7�e undersignecl shall ��equire that tl�e 1Hnguuge of d�is c:eitificatian be includad in the award docuinenis frn� al1 sub-awards al all
l+ers (including subcontracts, suh-�i�ants, artd contracts under gi�ants, l�ans, and conpe��tive agreements) and that a!1
suE�-recipients shal( ce��ify and disclose acco��dingly. ' �
Tbis certification is material repc�,sentation of fact. on wiiich eeliance w��s placed when this tr•an�►ction was made or entarecl if�fo.
Su6rnissioiY oTthis certificatiori is a prereqttisite for making or entcrin�; into this �t�ai�saction imposed by Section 1352, Title 31, U. S.
Cnde. A��y peisoa who fails to file fhe required ce�tification shall be suUjeet ta a civil penalty ofnot less #han $10,000 a��d nnt more than
$100,p00 for eachsuch �ailure.
City of lle��taat
a political sub[iivisio» of the State of Texas
f3y:
Title:
Date:
Page: 22 aF 22
NOV ry 0 2012
2012-13 5ERVICE AGREEMENT
EMERGENCY SOLUTIONS GRANT PROGRAM
BETWEEN THE CITY OF DENTON, TEXAS AND
DENTON COUNTY FRIENDS OF THE FAMILY
This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corpara-
tion, hereinafter referred to as "CITY", and Denton County Friends of the Family, a non-profit corporation, P.O.
Box 640, Denton, TX 76202, hereinafter referred to as "ORGANIZATION";;
WHEREAS, CITY has authorized the City Manager to accept the Texas Department of Housing and Community
Affairs Emergency Solutions Grant Program (ESGP) Award, under the Departtnent of Housing and Urban Devel-
opment (HUD) Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (I�ARTH Act),
enacted into law on May 20, 2009, and take all other actions necessary to administer a grant under the ESGP; and
WHEREAS, CITY has accepted funds from the Texas Department ofHousing and CommunityAffairs (TDHCA)
for the purpose of paying for specific contractual services by specific agencies named in the ESGP application;
and
WI IEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure
of funds for assistance to homeless and potentially homeless families; and
WHEREAS, CITY has designated the Community Development Division as the division responsible for the ad-
ministration of this Agreement and all matters pertaining thereto; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
ORGANIZATION hereby accepts the responsibility for the performance of all services and activities described in
the Work Statement attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in
accordance with the terms herein. CITY will consider ORGANIZATION'S executive officer to be
ORGANIZATION's representative responsible for the management of all contractual matters pertaining hereto,
unless written notification to the contrary is received from ORGANIZATION, and approved by CITY.
The CITY' S Community Development Administrator will be CITY's representative responsible for the admin-
istration of this Agreement .
2. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from CITY, ORGANIZATION agrees to the following terms and con-
ditions:
A. A sum not to exceed One Hundred and Eighteen Thousand Two Hundred and Forty-Seven Dollars
($118,247.00) may be paid to ORGANIZATION by CITY on a reimbursement basis, subject to payment
of money to the CITY by TDHCA on a cost-reimbursement basis in accordance with the Contract for an
Emergency Solutions Grant Program between the CITY and TDHCA, hereinafter referred to as "TDHCA
Contract". The only expenditures reimbursed from these funds shall be those in accordance with the pro-
ject budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in
the scope of services as provided herein. ORGANIZATION shall not utilize these funds for any other pur-
pose.
B. ORGANIZATION will establish, operate, and maintain an accounting system for this program that will
allow for a tracking of funds and a review of the fmancial status of the program. The system will be based
on generally accepted accounting principles as recognized by the American Institute of Certified Public Ac-
countants.
C. ORGANIZATION will permit authorized officials of CITY to review its books at any time.
Page 1 of 15
D. ORGANIZATION will reduce to writing all of its rules, regulations, and policies and file a copy with City's
Community Development Division along with any amendments, additions, or revisions whenever adopted.
E. ORGANIZATION will not enter into any contracts that would encumber CITY funds for a period that
would extend beyond the term of this Agreement.
F. ORGANIZATION will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to the Community Development Division.
G. ORGANIZATION will appoint a representative who will be available to meet with CITY officials when
requested.
H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information
relating to clients subject to applicable federal and state law, rules, and regulations.
I. ORGANIZATION will indemnify and hold harmless CITY, its officers and employees, from any and all
claims and suits arising out of the activities of ORGANIZATION, its employees, and/or contractors.
J. ORGANIZATION will submit to CITY copies of year-end audited financial statements,
K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those
procurement policies carried out by CITY. Equipment or services purchased by the ORGANIZATION un-
der the TDHCA contract shall not be transferred, disposed of, or sold without written permission by the
CITY.
L. ORGANIZATION shall fully comply with all the requirements of the TDHCA Contract, including, without
limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re-
quirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as Ex-
hibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to do
the following:
1. Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA
2. a. Comply with the provisions of the ESGP as published in the Catalog of Federal Domestic Assis-
tance (CFDA) (hereinafter referred to as "ESGP Regulations") and all future amendments and re-
visions to the same are hereby incorporated into and made a part of this Agreement. The Sub-
recipient shall at all times comply with the ESGP Regulations, associated Executive Orders, stat-
utes, OMB Circulars, other related federal regulations, and all future revisions and amendments to
the same. The Sub-recipient shall become thoroughly familiar with all of the foregoing require-
ments as applicable and shall ensure that the ESGP Assisted Persons/Units comply in a11 respects
with the ESGP Regulations.
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the
Rebabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regula-
tions issued pursuant to these acts. These provide, in part, that no persons in the United States
shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion
be excluded from participation in, or denied, any aid, care, service, or other benefits provided by
federal and/or state funding, or otherwise be subjected to discrimination.
a Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding em-
ployment verification and retention of verification forms for any individuals hired on or after No-
vember 6, 1986, who will perform any labor or services under any contract between
ORGANIZATION and CITY.
d. Comply with Health and Safety Code §85.113 (relating to workplace and confidentiality guide-
lines regarding AIDS and HIV).
Page 2 of 15
3. Comply with appropriate state licensing or certification requirements and with standards prescribed by
the Secretary of the United 5tates Department of Housing and Urban Development.
4. Report any suspected case of abuse or neglect to the Texas Department of Family and Protective Ser-
vices (DFPS) or a local law enforcement agency office as required by Act of Apri120,1995, 74`� Leg.,
Reg. Sess., ch. 20, §1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam.
Code Ann. §261.101 et seq.).
5. Be subj ect to an audit by a Certified Public Accountant and provide a copy of the audit to CITY and
TDHCA. ORGANIZATION is expected to create and maintain adequate and auditable fiscal records,
such as annual financial statements, taac returns, and agency budgets may be required and shall be
made available to CITY or TDHCA upon request.
6. Use generally accepted accounting procedures as recognized by the American Institute of Certified
Public Accountants and follow TDHCA financial management policies and procedures in maintaining
fiscal records required to be kept under this Agreement.
7. Hold TDHCA and CITY harmless from and against all claims, demands, and causes of action, which
may be asserted by any third parly in connection with the performance of contracted services.
8. Provide services in accordance with the 2009 TDHCA ESGP funding application and allow TDHCA
and CITY to monitor same. Some possible methods may include on-site visits, document review,
questionnaires, or interviews.
9. Participate fully in any evaluation study of this program authorized by TDHCA or CITY.
10. Not transfer or assign this Agreement without the prior written consent of TDHCA and CITY.
TDHCA and CITY shall not transfer or assign this Agreement without consent of ORGAIVIZATION.
Transfer or assignment without prior written consent of either party may result in termination of the
Agreement in accordance with the TDHCA Contract.
11. a. Submit billings for services, program reports, performance and fmancial status reports as required
by TDHCA to the CITY by dates required by Community Development.
b. Non-receipt of the required billing and statistical documentation by this date will be considered
failure to comply with the Agreement. Failure to comply is valid justification for immediate ter-
mination of this Agreement and/or nonpayment of the billings or any portion of the billings that
are not received within the specified time limit. The ORGANIZATION further agrees to certify
the amount of local financial participation (match) directly supporting the service being purchased
with each request for payment submitted to TDHCA and City for reimbursement.
ORGANIZATION agrees to provide the amount of match far which it is responsible under this
agreement (see Exhibit B of TDHCA Contract "Match Funds").The ORGANIZATION agrees
that the information submitted is true and accurate. The ORGANIZATION further agrees to sup-
ply documentation to CITY for the purposes of verifying reported information if requested.
c. Submit perforxnance reports monthly or as required by T.D.H.C.A. to the City no later than the
Sth day following the last day of each month in which the service is provided. Non-receipt ofthe
required performance reports will be considered failure to comply with the Agreement. Failure to
comply is valid justification for immediate termination of this Agreement. The Organization
agrees that the information submitted is true and accurate. The Organization further agrees to
supply documentation to City for the purposes of verifying reported information if requested.
12. Make available at reasonable times and for reasonable periods client records, books, and supporting
documents pertaining to services provided for inspecting, monitoring, auditing, or evaluating by
TDHCA and CITY personnel or their representatives. Notwithstanding anything in this Agreement to
the contrary, ORGANIZATION shall: A) 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 ar A-122 and this TDHCA Contract. ORGANIZATION shall comply with the retention and
Page 3 of 15
custodial requirements for records as set forth in OMB Circular No. A-110 or 24 C.F.R. Part 85; and
B) Give the CITY, HUD, the Comptroller General of the United States, the Auditor of the State of
Texas, and any TDHCA authorized representative, access to and the right to reproduce all records be-
longing to or in use by ORGANIZATION pertaining to this Agreement. Such access shall continue as
long as ORGANIZATION retains the records. ORGArTIZATION shall maintain such records in an
accessible location.
13. Maintain and keep financial and supporting documents, statistical records, and other records pertinent
to the services for which a claim was submitted. The recards and documents will be kept for a mini-
mum of five (5) years after the termination of the Agreement. If any litigation, claim, or audit involv-
ing these records begins before the three-year period expires, the ORGAI�TIZATION will keep the rec-
ords and documents for not less than five (5) years and until all litigation, claims, or audit fmdings are
resolved. The case is considered resolved when a final order is issued in litigation, or a written agree-
ment is entered into between TDHCA, CITY and ORGANIZATION. ORGANIZATION will keep
records of nonexpendable property acquired under the Agreement for five (5) years after final disposi-
tion of the property.
14. Provide for an amount of funds equal to the amount of funds provided by TDHCA through the CITY
under this agreement. ORGANZIATION'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 under this agreement.
15. Notify TDHCA and CITY immediately of any significant change affecting the ORGANIZATION and
ORGANIZATION' S identiTy, such as ownership or control, name change, governing board member-
ship, vendor identification number, and personnel changes affecting the contracted services. Changes
must be provided in writing to TDHCA and CITY within 10 working days after the changes are effec-
tive.
16. Refrain from entering into any subcontract for services without prior approval in writing by TDHCA
and CITY of the qualifications of the subcontractor to perform and meet the standards of this Agree-
ment. All subcontracts entered into by the ORGANIZATION will be subj ect to the requirements of
this Agreement. The ORGAIVIZATION agrees to be responsible to TDHCA and CITY for the per-
formance of any subcontractor.
17. Not use funding under this Agreement to influence the outcome of elections or the passage or defeat of
any legislative measures.
18. All notices given regarding this Agreement shall be sent to the following addresses
TDHCA
Planning & Contracts Management
Post Office Box 13941
Austin, TX 78711-3941
City Manager
City of Denton
215 E. McKinney St.
Denton, TX 76201
Denton County Friends of the Family
ATTN: Executive Director
P.O. Box 640
Denton, Texas 76202
3. TIME OF PERFORMANCE
The services funded by CITY shall be undertaken and completed by ORGANIZA'I'ION within the following time
frame: October 1, 2012 through September 30, 2013, unless the contract is sooner terminated under Section S
"Suspension or Termination".
Page 4 of 15
4. PAYMENTS
A. Paym ents to ORGANIZATION. CITY sha11 pay to ORGANIZATION a maximum amount of money not
to exceed One Hundred and Eighteen Thousand Two Hundred and Forty-Seven Dollars
($118,247.00) for services rendered under this Agreement, contingent on receipt of funds by CITY from
TDHCA under the TDHCA Contract. Payments will be based on a projection of monthly expenditures
with reconciliation at the end of the month. Documentation of expenditures must be submitted to the Com-
munity Development Division by the l Oth day following the last day of the month in which the service was
provided. ORGANIZATION' S failure to provide the information on a timely basis may j eopardize present
or future funding.
B. Costs shall be considered allowable only if incurred directly specifically in the performance of and in com-
pliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B.
C. Approval of ORGATIIZATION'S budget, Exhibit B, does not constitute prior written approval, even
though certain items may appear herein. CITY's prior written authorization is required in order for the fol-
lowing to be considered allowable costs:
1. Encumbrance or expenditure during any one month period which exceeds one-fourth (1/4) of the total
budget as specified in Exhibit B.
2. CITY shall not be obligated to any third parties, including any subcontractars of ORGANIZATION,
and CITY funds shall not be used to pay for any contract service extending beyond the expiration of
this Agreement.
Written requests for prior approval are ORGANIZATION' S responsibility and shall be made within suffi-
cient time to permit a thorough review by CITY. ORGANIZATION must obtain written approval by CITY
prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal
property. Any procurement or purchase, which may be approved under the terms of this Agreement, must
be conducted in its entirety in accordance with the provisions of this Agreement.
D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re-
quest, any sum of money which has been paid by CITY and which CITY at any time thereafter determines:
has resulted in overpayment to ORGANIZATION; or
2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
E. Disallowed Costs/ Reversion of Assets. Upon terminated of this Agreement, should any expense or
change for which payment has been made be subsequently disallowed or disapproved as a result of any au-
diting or monitoring by CITY, the Department of Housing and Urban Development, Texas Department of
Housing and Community Affairs, or any other Federal or state agency, ORGANIZATION will refund such
amount to CITY within ten working days of a written notice to ORGAI�]IZATION, which specifies the
amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of
the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Con-
tract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY
within ten working days of a written notice to ORGANIZATION to revert these fmancial assets. The re-
version of these financial assets shall be in addition to any other remedy available to CITY either at law or
in equity for breach of this Contract.
Refunds of disallowed costs may not be made from these or any funds received from or through CITY.
F. Deobligation of Funds. In the event that actual expenditure rates deviate from ORGAIVIZATION' S provi-
sion of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to
reappropriate or recapture any such under expended funds. In the event that actual expenditures deviate
from ORGANIZATION' S provision of a corresponding level of performance, as specified in Exhibit A,
CITY hereby reserves the right to reappropriate or recapture any such under expended funds.
Page 5 of 15
G. Contract Close Out. ORGANIZATION shall submit the contract close out package to CITY, together
with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of
funds under this Agreement, within fifteen (15) working days following the close of the contract period.
ORGANIZATION shall utilize the form agreed upon by CITY and ORGANIZATION.
5. PROGRAM INCOME
A. For purposes of this Agreement, "program income" means earnings of ORGANIZATION realized from
activities resulting from this Agreement or from ORGANIZATION' S management of funding provided or
income from interest, usage or rental or lease fees, income produced from contract-supported services of in-
dividuals or employees or from the use or sale of equipment or facilities of ORGAIVIZATION provided as a
result of this Agreement, and payments from clients or third parties for services rendered by
ORGANIZATION under this Agreement.
B. ORGAIVIZATION shall maintain records of the receipt and disposition of program income in the same
manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY
and ORGANIZATION agree that any fees collected far services performed by ORGArTIZATION shall be
spent only for service provision. These fees or other program income will be deducted from the regular
payment request.
C. ORGANIZATION shall include this Section in its entirety in a11 of its sub-contracts, which involve other
income-producing services or activities.
D. It is the ORGANIZATION' S responsibility to obtain from CITY a prior determination as to whether or not
income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program
income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts determined by
CITY to be program income, unless otherwise approved in writing by CITY.
6. EVALUATION
ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services can
be continuously monitored. ORGANIZATION agrees to make available its fmancial records for review by CITY
at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data and reports, or
copies thereo£
A. All external or internal audits. ORGANIZATION shall submit a copy of the annual independent audit to
CITY within ten (10) days of receipt. Audit will be conducted by a certified public accountant.
B. All external or internal evaluation reports.
C. Monthly performance and expenditure reports to be submitted to CITY by dates required by Community
Development.
D. ORGA1vIZATION agrees to submit monthly financial status reports to the CITY by dates required by
Community Development.
E. An explanation of any major changes in program services.
F. To comply with this section, ORGANIZATION agrees to maintain records that will provide accurate, cur-
rent, separate, and complete disclosure of the status of funds received and the services performed under this
Agreement. ORGANIZATION' S record system shall contain sufficient documentation to provide in detail
full support and justification for each expenditure. ORGATIIZATION agrees to retain a11 books, records,
documents, reports, and written accounting procedures pertaining to the services provided and expenditure
of funds under this Agreement for the period of time and under the conditions specified by the CITY.
G. Nothing in the above subsections shall be construed to relieve ORGANIZATION of responsibility for re-
taining accurate and current records, which clearly reflect the level and benefit of services, provided under
this Agreement.
Page 6 of 15
7. DIRECTORS' MEETINGS
During the term of this Agreement, ORGANIZATION shall deliver to CITY copies of all notices of ineetings of
its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely
manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed.
ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to all meetings of
its Board of Directors.
Minutes of all meetings of ORGANIZATION' S governing body shall be available to CITY within ten (10) work-
ing days of approval.
8. SUSPENSION OR TERMINATION
A. The CITY may terminate this Agreement with cause if the ORGANIZATION violates any covenants,
agreements, or guarantees of this Agreement, the ORGANIZATION' S insolvency or filing of bankruptcy,
dissolution, or receivership, or the ORGANIZATION'S violation of any law or regulation to which it is
bound under the terms of this Agreement.
B. This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or
federal funds. If funds for the agreement become unavailable during any budget period, and TDHCA is un-
able to obtain additional funds, then this agreement will be terminated or reduced. Termination under this
section shall not subject TDHCA to a penalty or other claims.
C. The CITY may ternunate this Agreement for convenience at any time. If this Agreement is terminated for
convenience by the CITY, ORGANIZATION will be paid an amount not to exceed the total amount of ac-
crued expenditures as of the effective date of termination. In no event will this compensation exceed an
amount, which bears the same ratio to the total compensation as the services actually performed bears to the
total services of ORGANIZATION covered by the Agreement, less payments previously made.
In case of suspension, CITY shall advise ORGA1vIZATION, in writing, as to conditions precedent to the
resumption of funding and specify a reasonable date for compliance.
In case of termination, ORGANIZATION will remit to CITY any unexpended CITY funds. Acceptance of
these funds shall not constitute a waiver of any claim CITY may otherwise have arising out of this Agree-
ment.
9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal pro-
visions.
B. ORGA1vIZATION shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
C. ORGANIZATION will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section
504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 199�
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued
pursuant to these acts. These provide, in part, that no persons in the United States shall, on the grounds of
race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation
in, or denied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise
be subjected to discrimination.
D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment
verification and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under any contract between TDHCA and the Contractor.
E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines
regarding AIDS and HIV).
Page 7 of 15
F. Comply with appropriate state licensing or certification requirements and with standards prescribed bythe
Secretary of the United States Department of Housing and Urban Development.
G. Report any suspected case of abuse or neglect to the Texas Deparhnent of Protective and Regulatory Ser-
vices (DPRS) or a local law enforcement agency office as required by Act of Apri120, 1995, 74th Leg, Reg.
Sess., ch. 20, § 1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam. Code Ann.
'261.101 et seq).
H. Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any
current criminal indictment involving an offense against the person, an offense against the family, or an of-
fense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas
Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification and dis-
closure will be required of all who have direct contact clients.
I. ORGANIZATION will furnish all information and reports requested by CITY, and will permit access to its
books, records, and accounts for purposes of investigation to ascertain compliance with local, State and
Federal rules and regulations.
J. In the event of ORGANIZATION' S non-compliance with the non-discrimination requirements, the Agree-
ment may be canceled, ternunated, or suspended in whole or in part, and ORGAI�IIZATION may be barred
from further contracts with CITY.
10. WARRANTIES
ORGANIZATION represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are
complete and accurate as of the date shown on the information, data, or report, and, since that date, have not
undergone any significant change without written notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete,
accurate and fairly reflect the financial conditions of ORGANIZATION on the date shown on said report,
and the results of the operation for the period covered by the report, and that since said data, there has been
no material change, adverse or otherwise, in the fmancial condition of ORGANIZATION.
C. No litigation or legal proceedings are presently pending or threatened against ORGANIZATION.
D. None of the provisions herein contravenes or is in conflict with the authority under which
ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of
ORGANIZATION.
E. ORGAIVIZATION has the power to enter into this Agreement and accept payments hereunder, and has tak-
en all necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of ORGANIZATION are subj ect to any lien or encumbrance of any character, except for
current taxes not delinquent, except as shown in the fmancial statements furnished by ORGAI�IIZATION to
CITY.
Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the
submission of each request for payment.
11. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment exe-
cuted by both parties, except when the terms of this Agreement expressly provide that another method shall
be used.
B. ORGAI�IZATION may not make transfers between or among approved line-items within budget categories
set forth in Exhibit B without prior written approval of the Community Development Administrator for the
CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CTTY, and
Page 8 of 15
such request for revision shall not increase the total monetary obligation of CTTY under this Agreement. In
addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded
under this Agreement.
C. ORGANIZATION will submit revised budget and program information, whenever the level of funding for
ORGANIZATION ar the program(s) described herein is altered according to the total levels contained in
any portion of Eachibit B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regula-
tions pursuant hereto may occur during the term of this Agreement. Any such modifications are to be au-
tomatically incorporated into this Agreement without written amendment hereto, and shall become a part of
the Agreement on the effective date specified by the law ar regulation.
E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may
include an increase or decrease in the amount of ORGANIZATION' S compensation. Such changes shall
be incorporated in a written amendment hereto, as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require
the prior written approval of CITY.
G. ORGANIZATION agrees to notify CITY of any proposed change in physical location for work performed
under this Agreement at least thirly (30) calendar days in advance of the change.
H. ORGANIZATION shall notify CITY of any changes in personnel ar governing board composition.
I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder
nor the transfer of funds between or among said programs will be permitted.
12. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with
ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold
CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs
and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any charac-
ter whatsoever resulting in whole or in part from the performance or omission of any employee, agent or
representative of ORGANIZATION.
B. ORGANIZATION agrees to provide the defense for, and to indemnify and hold harmless CITY its agents,
employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attor-
ney fees, expenses, and liability arising out of the use of these contracted funds and program administration
and implementation except to the extent caused by the willful act or omission of CITY, its agents or em-
ployees.
13. INSURANCE
A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in-
surance as would provide adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct-
ing these activities, sha11 be covered by premise liability insurance, commonly referred to as"Own-
er/Tenant" coverage with CITY named as an additional insured. Upon request of ORGANIZATION,
CITY may, at its sole discretion, approve alternate insurance coverage arrangements.
C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employers'
liability coverage where available and other appropriate liability coverage for program participants, if appli-
cable.
D. ORGANIZATION will maintain adequate and continuous liability insurance on all vehicles owned, leased,
or operated by ORGANIZATION. All employees of ORGANIZATION who are required to drive a vehicle
Page 9 of 15
E.
F
in the normal scope and course of their employment must possess a valid Texas Driver's license and auto-
mobile liability insurance. Evidence of the employee's current possession of a valid license and insurance
must be maintained on a current basis in ORGANIZATION'S files.
Actual losses are not covered by insurance as required by this Section are not allowable costs under this
Agreement, and remain the sole responsibility of ORGANIZATION.
The policy or policies of insurance shall contain a clause which requires that CTTY and ORGANIZATION
be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such
change or cancellation.
14. CONFLICT OF INTEREST
A. With respect to the use of ESGP funds to procure services, equipment, supplies or other property, states,
tenitories and units of general local government that receive ESGP funds shall comply with 24 CFR
85.36(b)(3), and non-profit subgrantees shall comply with 24 CFR 84.42.
B. ORGANIZATION covenants that neither it nor any member of its governing body presently has any inter-
est, direct or indirect, which would conflict in any manner or degree with the performance of services re-
quired to be performed under this Agreement. ORGANIZATION further covenants that in the performance
of this Agreement, no person having such interest shall be employed or appointed as a member of its gov-
erning body.
C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or
employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance
of being motivated by desire for private gain for himself/herself, or others; particularly those with which
he/she has family, business, or other ties.
D. No officer, member, or employee of CITY and no member of its governing body who exercises any func-
tion or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall
(1) participate in any decision relating to the Agreement which affects his personal interest or the interest in
any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any inter-
est, direct or indirect, in this Agreement or the proceeds thereof.
15. NEPOTISM
ORGANIZATION shall not employ in any paid capacity any person who is a member of the immediate family of
any person who is currently employed by ORGANIZATION, or is a member of ORGANIZATION' S governing
board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother,
sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister.
16. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement
shall be deemed to have been delivered, whether actually received or not, when deposited in the United States
mail, postage prepaid, registered or certified, return receipt requested, addressed to ORGAI�TIZATION or CITY, as
the case may be, at the following addresses:
CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
ORGANIZATION
Denton County Friends of the Family
ATT'N: Executive Director
P.O. Box 640
Denton, Texas 76202
Either party may change its mailing address by sending notice of change of address to the other at the above ad-
dress by certified mail, return receipt requested.
Page 10 of 15
17. MISCELLANEOUS
A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or
any claim arising thereunder to any party or parties, bank, trust company or other financial institution with-
out the prior written approval of CITY.
B. If any provision ofthis Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions
shall remain in full force and effect and continue to conform to the original intent of both parties hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to insist
in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in
any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be
committed by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which
rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of
CITY may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement be-
tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment
occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatso-
ever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpreta-
tion or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regula-
tions, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final au-
thority to render or to secure an interpretation.
This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any liti-
gation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County,
Texas.
TNESS WHEREOFj the parties do hereby affix their signatures and enter into this Agreement as of
the � day of �'l(� t�/�,t�e /'- , 2012.
CITY OF DENTON, TEXAS
f'� ,
BY.
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
l: �i� lI L �' � ���: �,
/
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � '
Page 11 of 15
ATTEST:
BY: �� f - '�
BOARDSECRETARY
Page 12 of 15
EXHIBIT "A"
WORK STATEMENT
Denton County Friends of the Family
Safe Shelter Activities
• Provide safe shelter for approximately 200 people
• Provide direct services to clients such as relationship violence recovery, sexual assault recovery, case
management and legal accompaniment
• Provide response to 150 crisis ca11s
• 100 people will exit to temporary/transitional housing
• 50 people exiting to permanent housing destinations
• 50 starter kits distributed
• 150 clients will receive $50 each for clothing
• 80 clients will receive $25 each in gas vouchers
• 20 children will receive up to two weeks childcare while in shelter
DOCUMENTATION AND COORDINATION REQUIREMENTS
• Organization will utilize the assistance of the Denton County Homeless Management Information System
to maintain client information in a centralized computer database. Organization is required to report all of
the required basic aggregate data as determined by the Denton County Homeless Management Infor-
mation System.
• Organization will document and maintain all client documentation required by the Texas Department of
Housing and Community Affairs (see attachment C).
• Organization will actively participate on the Denton County Homeless Coalition and work with local pro-
viders to move families through the Continuum of Care.
• Organization will refer to and coordinate processes with other human service agencies receiving Emer-
gency Shelter Grant Funds ttu�ough the City of Denton.
Page 13 of 15
EXHIBIT "B"
PROJECT BUDGET
Emer�encv Shelter —Essential Services
Salaries: Caseworker, Crisis Intervention Specialist
Medicines
Bus Passes
Childcare
Gas cards
Clothing
Starter Kits
Emereencv Shelter — Operations
Security System
Furnishings
Furnishings
Property & Liability insurance
Food
Shelter Vehicle Fuel
Shelter supplies
Shelter Utilities
Administratrve Costs
Training Travel Expenses
TOTAL BUDGET
Other — Volunteer Hours
Private Funds: Office Rent
TOTAL MATCH
PROJECT MATCH
Page 14 of 15
$49,715.00
1,250.00
750.00
4,000.00
2,000.00
7,500.00
6,250.00
888.00
4,000.00
3,200.00
2,544.00
6,000.00
3,250.00
6,000.00
20,400.00
71,465.00
46,282.00
500.00
$118,247.00
$45,750.00
$72,000.00
$117,750.00
EXHIBIT C
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 42120001530
Contract Term: 10/1/2012-9/30/2013
Page 15 of 15
T1;�AS I)LI'Aitl'MLNT UN IIUU�ING AI�Ill COIVIMUNITY Ai��Alit�
CONT1tACTNO. 4212(�UI�30 FORTI�Its
}�Y 2012 F,MEftG�:NCY SO1;UT10NS G(ZAN'C:S (�"sSG) PTtOGI2AM
CF[)A NO.1 �.231
SCCTION l. PARTI�S'I'O TEIC CONTRACT
This Cmeigency Solutions Granis Contract Na. 421200Q1530 (herein the °C:ontcact") is inade by and beiweeri the
Texas Tlep�►��tment of Housit��; and Coinmtnxity Affai�s, a public antl offici��l abency of tha State of 1'exas, (hereinafter
the "De�•tmenf") a��d Ctity of'Denton, a politic�l suUdivision of the State ofTexas (hereinaftertlie"Su6eecipieiri").
SECTI.ON2. CONT.RAC'C'1'I;RM
The period of pe►�form�nce of this Contract, unless ea��[ier te►7ninated, is nctober 01, 2012, througla �ept�mber 30,
2013 (h�;x'einafier the "Conh•�ctTe�•m").
SI;CTION 3. SCJB1tFC11'.II;NT PTItI+ORMANC:C
Subrecipient shall deve(np �u�d implemeiit an Eme�•gehcy Solutions Grflnts Prograin ("[SG") in accareia��cz w�tiy tlte
terms nf this Conh'act at�d tite Fkhibits titt�ched to this Contrict i��corporated herein foz� a!I refevant purposes.
Sub�•ocipientshall develup atid i�nplema�lt the PSC; to assist hrnneless individuals or persons at risk af homelessnessta
qt�ickly ►�egain st�bility ui permfl»ent honsiug after experiencing a liousing crisis and/or homelessiiess. Subrecipient sljall
unplement FSG in accordance with the provisions of the Homeless Emerge�icy �ssistance and Rapid Transition to
}.{ousin�; Act, as.a�neaided (42 USC 11302 et. seq.) {hereinafter die "Act"); the U.S. Department �f Nousing and Urba�l
Development (hereinafier "HUD") regufations codified in 24 C.F.R, Pfu�ts S5, 91, 576, 582 and 583, any applicable
affic�of Ma��agement o-�nd I3utlget (OMB) Circulars; anct "Title 10 of'the 1'exas ndmi�iistrative Code, as ame�xded frotn
time to tinne. Subrecipient shall perfor►ri all activities it� accord�nce with the terins of' Perfo�tinance Document
(hereinafter "E,xl» bit A"); the Bud�;et (hereii�after "Exhibit C3"); the Match Ttequirements �acume�rt (l�ereinfii�cr "l�xhibit
C"); theApplieabie Laws �uad Re�ulations (hereinaf�er "f,xhibit D"); the C�rtificatian Tle�a�•ding L.ohbying fo►• Couh•act�,
Gr�rts, Lo�u�s, and Ccx�perative A�reeinel�ts (hereiaai�er ".�achibit E"); tl�e assur�u�ce,s, cea•tifications, and other statemenfs
inade by S�b��ec;ipient in its H4C applicntion, and with all otherterms aflhis Contract. If the persons to benefit from the
activities described in T:�chibit A �u�e notreceiving a service or benefit, Hie Subrecipient is liable to rcpay the llepa�tment
any associafi.ed disalfowed costs,
A. r'erfo��mance related to established targets will be repot�ted 'ni the LSG month(y perform�uice Repn�t and
accomp{ishment in �rteeting ta�•gets wifl be considered in appJication for futui•e funding oppa•tunities with tlie
llepartrnettt.
B. All funds mast be iuqy cxpended within the Contr�ct `I ez�►n at a level acceptable to the Deparhnent. 1'�e I)epartmeni
reserves fhe ri�ht to request an expenditure plan if' it appears funds will not be c:xpended within tlie Conteack Term.
SECTIUN 4, llI�;PARTMT;NT I+INANCIAL OBLIGATIONS
A. In consideration of Subeecipient's full and saf�sfacto�y perEormance af this Conh•act, Dep�u�hnent shall i�eimburse
Subrecipient for die actual atlowablc costs incurred by Subrecipient in the a�nount specified in ihe "Budget" �attached
hereto as �xhibit B of this Conh•ac�t. �
i3. Any decision to obligate addiiional fiuids or deobli�ate funds sktall be macle in writing by Depa��n�ent in i(s sole
discretion based upon thc st�tus of fundiu� uncter grants to Ue�artment and Subrecipient's overlll co�nplianee with the
terms of thi s Conh�act. ,
C. Depax�finent's obligati�ns ui�der tliis Coniract are contingent upon the actnal receipt af adoquate FSG funds f►•pm
�IUD. I�' sufficient fiac�ds are not available to make payments under this Conf��act, T)epartment shall notify
Sul�recipient in writing within a i•easonable time after s�ich fact is determincd. Dcpartment shall then terminate this
Contract and will uot be liaUle for the failure to make any payment to S ubrecipient undcc this ContrACt.
Pa�e 1 c�f 22
D, Snbr�.�cipient shal) �•efund to Ikp�rt�nent any sum of money which has been paid to Subrecipi�nl by Departmenf,
which Depai�tment dete�rniucs has resulted in an overpayment, or which llepartmeut determines has jiot been spent
sh•ictly in acco�•danec wit13 fl�e te��ms of this Contraci. Subrecipient shall m�ke such refund within fitteen (IS) days
After the lle��artment's request. �
S�CTy.ON �. METH011 Or PAYM[�1VT/CASH BALANC�S
A, Subrc�cipienis may reque.et a one time wo�•king capital advtuiee for tl�iz•ty (30) ciays easl� needs or an advance of
�5,a00, whichever is greater. fn order to request azti advance payment, Subrecipient must submit to 17epartme�it a
properly completed expcndituce ►'eportth�t incluclas a reques�t for advanc;e fi�nds (Projected �xpenscs). 'l�hereafter, the
Subi•ecipient will be reimbu►•su1 for ihe atnnuntof acturl cashdisbursements, �t rei�t}burse�nent bssis.
F3. Subrecipient shall esiablish proced�n•es ta iiunimize the time elapsing betwee�i the trmisfer of fiinds fi•vm Depai•#ment
to Subrecipient and the disbursement of sucl� funds by Subeecipient.
C. Section S(A) notwiths�tandin�, Depa��nent reserves fhe right to use a���odi�ed cost reimbursement njethod of
payment wher�by reimbuisement ofcosts ineurred by a Subrecipient is made only afte�� the Depa��nent has t�eviewcci
and ap�roved backup documentation pr�vidcd by the Subnecipie►it to suppot�t such ec�sts for al.l funds if at any time (1)
Department detei•miiaes that Subrecipient has n�aintaiiied caslt batanc�s in exc�ss of nced, (2) Department identifies
�uiy def cien�y in the cast� conh�als or finaucial tnartage�nent system used by Subrecipient, or (3) SuUrecipient fa91s tb
comply with tlie repatting i•e�quirements of Soction 12 o�'this Cnna•act.
D. All funds paid to Subrecipieitt pu�suant to ihis Cozltract a��e paid it� t�vs� fur tl�e exclusive be�lefit of the eligible
rc�eix�ieiatsofESG servicesand fort�iepaymentofallowable exper�diiures.
i�, Deparunent may of�'set or wifhhold any �unout�ts otherwise owed to Subrecipient uuder tl�is Contract against any
amount owed by Subcecipient to be�rhnent arising uncler this Contract.
ST�CTIUN 6. COST P.RiNCIk'LCS AI�ID ADMYNYSTY2A,TTVE R�QUIREMGNTS
A. �xcept as expressiy modified by law or Qte terms of this Contiact, 5ubrecipient shaEl comply with the c�st principles
and unifof�m administrative requirements set fortf� i�i the Uauform C;rant Managen�ent Standards, 10 T.A,[:. §S.IQ et
sc:q. (he�•einafter "YJ`nifa•m Grant Man�eanent Sia��d�u•c�s"). All reFerences therein to "loc��l �overnment" shatl be
constiuc�cl to mean Subrecipiezil.
�3. Uniform cost p�inciples for gover►unants are set foz�tla in OfTice of M�nagement and 13ud�et ("OMI3'� Circular A-87
� implemented by 2 C.F.R. Part 225. Unitoem adminish�ative rec{uircments for goveenments are set forth in UMli
Circala�• A-102. OMI� Circular A-133 "Audifs of States, Locai Governmenfs, and Non-Proft Organirations," sets
fo��th a�idit standards for governmen�al organiz�tions and ofher organizations expending rederal funds. T'he
expenditure threslinld requiring an aadit under• Cit'cular A-133 is $500,000 of Nederal fu��ds or $500,000 of State
fi�nds.
C. Nolwiths�tancling any oti�er provisia�� of this Conh•act, Depariment shall only be liable to Suhrecipiei�t for eli�ibEe
c:os�s incurred or performances rendered for aclivities sp�cifi�d in 24 C;.r',Tt. §57G oFthe ESG regulaiions.
D. Deparlment shall nat be liable tU Subrecipienc tor certain costs, includi�i�; but not limited to costs which;
(S) I�Yave been reimbursed to Subreciniea�tor are subject to roimburseme�7t to Subrecipientby any source ather fhan
�6p8I�111C[]f;
(2) At�e uot allowable costs;
(3) Is incurred to iiivoluzitai•y separate a family;
(4) f'or units of local government, is incurred to repince fi�nds provided by the 1ocTl gnvernment fior streetoutreach
a�td emec�ency slielt�r scrvices during the preceding 12-month pe�•iod without Hi1D exception;
{5) ]s i�icu��•� lo provide certain legal services for immigration and citize�asl�ip mattcrs and issues relating to
mort�ages;
(G) is inciu•a•ed to provide certain sabseance abuse trvat�nent services;
(7) Is incw•red to pay urceacs for temnoraty storage fees;
Pn�;e 2 of 22 . .
- _ - .. . ,. . ..
(8) Is inc►�rred Ca pay or modify a debt;
(9) 1s incurred to acyuirc p��operty or to consU•uct ticw propel•ty;
(10)Is incurred for therel�abilitation of structuresto fhe cxtent that those structures are used for inliereittly religious
activities;
(1 l)Are cxpended on tehak�ilitalion activities prior to tiie subtnission of n Itequest for Iteiease ot'l�unds �uicf prior to
ihe release of funds by HUD.
(12)Are not slrictly in accordance with the terms of this Contract, including the Exhibits;
(13) 3�lave not bee.n reporled ta Uepartment within sixty (60) days followiag terix�ination of tjiis Conh•act; oe
(14)Are not incurred duri�ib the Cnntract Term; with the exception of travel costs to �ttc:nd t�ie September 13-14,
2� 12I;SG Iytiplementatiori Workshnp in Austin, "Iexas.
SECTION 7. TCRMiNAT[ON AND Si7S.PE1�ISION
A. Pt�rsua��t to §5.17 of 10'tAC Chapter 5, Subehapte�• A, Depai�nent may eei�ninate ar suspe�id tivs Cnntract, in wliole
o�• in pa�t, at any time I)ehartment detennines that tliere is cause ior termination. Cause i'or tenninfltion includes, but
is not limited to, Suhrccipien�s failure to con�ly with any term of this Conh�act or rcasonabie belaef that Subrecipient
cannot or will not eomply wiih the req�iirements of this Conh•act. If the Departmeart determines that an Subrecipient
has failed to comp[y with the terms of tl�e Contract, or to peovidc services ti�at rnu:t appropciaie siaiidards, go�ls, oe
otlter requic�;ments esEablished by ihe Department, the Deparhnent wil[ notify Subreeipient of the de6ciencies to be
ccirrected a�tci require the defeciencies be corrected priorta impl�mei�ting suspension.
B. Nothing itt fliis Section shall be consh•iieci io li�nit Uepa�4mCnt's �uthority to withhold payment ancl immediale[y
suspend tliis Contract if :l)epartn�ent identifies possible instances �!' fi•aud, abuse, waste, �sc.�l mismanagement, o�•
ot}�e�� deficiencies in Subracipient's perfoimance. Suspension shall be a temporaiy measure penciing eitltcr corrective
action Uy Subrecipient or a decision by Deparhnent to terminate this Contract.
C, Depactment sh�p n.ot be liable for any costs itxctn•red by Subrecipient atler termination of this Coniract.
D. Notwithslanding any exercise by Uepa�tment of its right of tc:rmination or suspension, Subrecipient sl�all not be
relieved of a��y liability co llepartment for dainages by vietue of any breach.of this Conh�act by SuUrecipienr.
SCCTION 8. MATC.F� R�QUiKGMENT
A. Subrecipient shall pa•avide a�� amount of ti�nds e.qual to the amou�it of funds pi•ovided by bep�u�tment under this
Contract (herein "Subrecipient's Matcli"). Subrecipient's Match must be providecl during the Contri�e# 'leri�i firorn
sources inclading any Federai source otherthan the�SG program, as well as state, local, and pcivate sources. Fands
used to match a p��evious &SG �w�•d may notbe us�d to matah the award made underthis Conh•act. Subrecipien�s
Match rnay include resoucces p��ovicled by any subcontrac�tor to which 5uUrecipie�it provides funds under this
Contract,
B. Amounts may be counted towards Subrecipient's Match only if such vno�u�ts a�•e costs or resourc.�s nf a type
spec:iCeci in i3xhibit C ar�ci only if sucli amounts ai�e computt:ci in accordance with this Section. In calculf�tiM�g the
a�nount of Subrecipicn�s Match, Subreci�ient may include, but is not limit�ci to, cash donations; the value of any
doriatcd matea•isl or building; Che value of a�iy te�ls�e on a building; �uiy s�la�y paid to Subracipie��t's staff (or Uiat of its
subcontractors) in ca�•rying out the xctivifics requi��ed Emder this Coiihaet; and ihe time flnci sex�vices coniributod by
vol unteers to ca��ry out such activiiies. Scrvices pa�ovided by volunteers must be valued at rates consist�ni with thosc
ordin�u•ily paid for simitar w�ork in the SubrecipienCs orga�iization or in the satne labor ma��ket. Subrecipient shal!
determine the value oF any donateci mater�al or building or �ny Eease using any method reasonably calculated to
eshablish a fair market value.
SGC'�'IOIV 9. ALLOWABI.F I�XPFNDITURI�:S
A. The. allowability of 8ubrecinienc's costs in�urced in tlie �ei°formunce of tl�is Contract shall be determined i�i
a�cordance with the provisions of Section 6 and the raguiations set forth in 10 'CAC §5.2UU2 and §576.100 through
§5'76,109 of t�ie �;SG Re�;ulatious, subjoct to the limitations and exceptions set foilh in this Section.
I3. IiSG fii��ds may used for administrative activities as well as �'ive probra��� cotnponenls as set forth in 24 C.E�.R.
§57�.101 through 29 C,F.R. §576.107 of the GSCi regulations.
Page 3 of 22
C. Administrative costs ineurred by Subi�ecipient in perfai�nin� this Conh�act siee to be bascd an actual peog�•amn�tic
expe�►ditures a�td s1�a11 be �l]owed up to dte amoun# outlined in �xhibif r� of this Contract. Funds may Ue used fo pay
i��direct costs in accord�nce witli OM}3 Circuiar A-87. Eli�ible administrative cosls include:
(1) General managerneat, oversi�ht and coordin�tion;
(2) 'I'raining on �F..SG requirements; and
(3) �:nvironmental review.
SEC7'ION 10. TCRMINATYN(, ASSIS'I'ANCE
Pw�suant to 24 C.P.Tt. §5'76.402 of flie ESG Tte�i�Iations, if a pirogram particip��t violates progra�n requirements, the
Subrecipient mzy ierminate the assistance ni accordance with a forinal pracess established by il�e Sabrecipient fhAt
recognizes the rights of indi'vidu�is affected, '1'he Subrecipicnt must exercise judgmeilt �id ex�unine all extern�aiiag
circtimstances in detej•mini��g wUen violations warra��t termination so thai a pro�raia� pnrticipant's assist��ic:e is terminated
only intfte most severc cases.
A, 't'o terminate renfal assist�nee or housing rclocation find stabilizatioia service� to a prog��am pai�ticipant, the rec�uired
f'o,•m�l process, at a minimum, must ct�nsist of;
(1) Written not.ice to the progra�n participatrt contan�iitg a cfeae statoment o1'the reasons for terminat.ion;
(2) A review af the decision, in wl3ict� the pro���n pa�ticipaat is given the oppoittinity to present wi'ilfcn or oral
objections hefore a pers�n od�er U�an the person (or a suboz•d.inate of' ti�al pecson) wlto made or approved.the
tecmiiiation decision; u�d
(3) I'rompt written notice of tlze fnal dccisiox� to the pro�;ram participant.
'�3, leimination u��der this section does nol ba�� the Subrecipient fi•om pcovidin�; furtlier assistance at fl late;�� date to the
sa�ne fami(y oj• individual.
SrCTXUN l l. RCCURll KT�PING RCQUIRTMT;NTS
A. Subrecipient sh�ll cotnply with nll the record keeni.n�; req�tu'emenxs set fortl� in 24 C,.�.TZ. §576.500 of tfxe FSG
Rebult�tions and shall maintain fiiscal and program►nAtic recoa�ds and suppoitin� docume.ntation for ali expe�idiii�res
madc uncier i1�is Coi�trflct .
B. Writtc� Pvdicr�s and 1'�x�culur�s. Sabrecipierrt must have written policies and procedures to ensure thal sufficient
records �u•e establislic.d and maint�ined to enable a determinafi on that �SG reyu irements a��: 6eing tnet.
C. Subrecipie��t shall, at a minimurn, u�aintai�� files eontaining the fallowing informatio�x:
(1) ffvrrrelesx Stalus: Subrecipieni must maintain document�tion of the evidei�ce relied u}xni to e�st�blish a►�d verify
l�omeless status for pro(;ra�n pa�ticipants;
(2) At Risk nf I,l��rnelc:ss•ne.u• Sradus und A�rnual Inco�r�c: �oc eaeh inciividual and f�mily who receive �SG
homelessness preveniion �►ssistance, Subrecipient�s should maii�tain documeNytatlo�a at' the evidence c•eliecl upon lo
es#ablish a��d verify the individua] or family's "at ►•isk of homelessness" skatus as listed on 24 C,F.R. §5'1G.500(c}
a��ct fhe progrsun p�u•ticipant's income �s estabtisl�ed ois §57G.500(e);
(3} Deter•minations of'Inelrgibilrly, For each individual �nd family dete�•roined iiz�ligible to receive ESG �ssist�inc:e,
the Subs•ecipient must document the reasc>n foc that detea•init�atiou;
(4) Frngr�am 1'articipant Recorc�s; Subrecipieait anust docuiru:nt the se�vices and Assista��ce pravided to pro�ram
participants and where a.pplicable, compliance witli the tecminatton of �ssistance coqui��eanent outlined in Sectio►�
10 of tnis contracfi
(5) Cenlralizecl ur coordinaled a,ssc;ssrnettt .ryste»rs and prr�ceclur�:s�: Continuums of Care (CoCs) are i•eyuira� to
establish a centralizecl or conrdinated assessment system. Subrecipie��t is required to pat�icipate in fhe cenfralized
sy�teEn. Subrecipiant must anainfain evidence of ihe use of, and writte►i intake procedures for, the cenYralized or
coordinatecl asse�ment systems(s} developed by the L'ontinuum oFCare If tlie SuUrecipient's CoC does notyet
have a centraliz,ed or co�rdinated �sse:ssment system o►• proceciures, or if Subrecipicni is a lega[ or a vic,�titn
service provid�r choos.ing not ta use the CoC ccnh•alized nc coordinated assessmenf system, St�brecipicnt must
l�ave and consiste«tJy a�ply wrilten stlnda�•ds for assessn�ent.
Page tl of 22
(G} rlrtnual bacotrt�: I'or eaci� p��og►�ar�i pa��ticipant whn rec;eives l�oineless pi��ve��tio�l assist�u�ce, or wlio receives
rapid re-houung Assistance longer th�ri one yea�•, tl�e follawir►�; documentaiion must be maintained: 1) income
evaluatiou foru�y 2) source docu�ne��ts fac received iiicome and r�ssets, or 3) third pai�ty statc;�nent for when source
docu►nenis a�•e unobtainable.
(7) Rental Assislance agf•ee»�ents und paymenls: Copies of aU lcases a�id rental �ssisiatice age�ements,
documenfation of payments m�de to owners, aud s��pparting documentation including dates of occupnncy Uy
program participants;
(8) (ltrlity Allo��anc�: Docume»tation ofthemonthly allowanee for utilities (exciuding telephone) usecl to detecroine
complia�ice with the �•ent resU•iction;
(9) Sheltu• ancl I�ou.sirrg Stunclr,rcl.c: Dacumentation oi' complia��ce witi� the sheltcr nnd ���using standtu•ds in
�576.403 of the E5G Regulations, includin� inspection repo��ts;
(10)Ti�re�'gency Sheltel• 1�ucilities: Subrecipient inast �naintain reco�•ds of the emergency sl�elters assisted, includin�
thc amaunt and type of assistatzce pcovided to eaclt, As applieable, Subrecipient must docuinenc the value of a
buildiag bef'ore the rehabilitatiou of an exisEing emergency shelker or after tl�e conversion of fl UuildinF; info an
emergency shelter a�id copes ofthe recorded deed or use restrictia�ys;
(1 �)Sc�rvices and Assi.stance P��vvicled.� Subt�ecipienis shall n�aiutain �•ecords of 4�� types of essentiHl sc��vices, rental
assistana:, �nd h4usin� �tabilia.ai�on �u�d relocation services provideci under khe i,SG and Q�e �rnounts spent on
theseservices a�ld assistance;
(t2)Mainienrr�ce of ls,fJ'orl: St�brec:ipients that are units of locnl governm�;nC shall m�intt�in a•ea�rds to demonstrate
compliance with tl�e maitttenance of effoit rec�uire�t�ent, i�icluding records o►'the unit nf the general pu�•pose local
government's an►�ual bud�;ets and sourccs oii'u�adirag for street outreach tu�d eme��gency sh�ltc�• scrvices;
(13)Coot•dina�aorr wrth C"ontinuunz(.$) ofCare and ��thu� pl�ohatirms: Stibrecipients mast document their cofry�liancc
with the requii�ements of §57fi.400 of the .ESG Rcgukations for consulting with the Coutinuum of Ctu�e,
coocdinaiing and integrating �:SCr �.ssista��ce with programs f�rge�ed toward homeIess people and systein and
program coordination witli mainstretun seivice and assisl�nce peo�;r�uns;
(I �+)HMIS: Subrecipient must keep records of the particzpation in HMCS a• a cotnparable database by ail projects of
the Sub��eeipient;
(l5)Makciiing: Subrecipicnt musi keep records of ii�e soure:e a�td use af coniributions m�dc to sltisfy the mafci�
cequiretnent;
(16)R�ev�luaiion for homeless7�ess �ind rapid r�I�ous9ub assistaiiae: Subr�c;ipient must maint��in documentation of
an i��itial evaluation ia determine ihe elibibilily ot'each individual or famify P�SG �ssist�ice and tlie �unount and
typcs ofassistutce the individti�il or f.amily �aeeds to reg�tin stability into nc;rmulenthousing, Subrecipients must
tnaintaxn documentation of re-evaluatiot� not (ess than once eve►y three (3) tnonths of progra�n particip�u�ts'
cligibility and the types and a�nounts of assist�nc:e the progrtun pa��ticipant needs accoi�linb to the reyuir�ments
outlined in §57b.401{a); and
(17}Meetuig witl� c�se manager: Subrecipie�itmust inaintain documentation verifyingtl�at eacl� program participant
receiving homeless��ess prevention or rapid-re-housing assist�ince has met regularly with a c�se inana�;er (except
whe��e prohibited by Violer�ce AgHinst Wo�nen Act (VAWA) a�id the Family Violencx� I'��evention and Services
Act (I�VI�SA)) and tllat the assistanc� provider has developul an individualizecl pl�n t� help that program
pa�•ticipant t�etain permanent housing aiiet� th�. NSG �.ssistance encls.
D, ppen I�CCrn•c�s: Subrwipient acknowledges tl.�at all infonnation collectecl, assembled, or maiutained by 5ubrecipient
pet�tt�ining #o this Co��tract is subject to the 'I'exas Aublio lnformatton Act, Gllapter SS2 of Texas Goveenment Cade
and must provide citii�ens, public agencies, anci otl�er interested pa�•ties wltli reasonable flccess to all recor�ls
pertaining to this Coirtc�act si�bject io a�id in accordance with tha Texas 1'ublic Information Act.
L. Ace�ss ta Recor•ds; Subrecipi ent sh�l1 �ive the HUD, fhe U.S. General Accountiiig O1�ice, the Tex�.s Compt�•oller, tl�e
State Aud'ator's (}ffce, and Deparhnent, or any of th�ir duly a��fho►•irecl representatives, access to �id flie riglrt to
ex�mine and copy, o�� or off the premises of Subrecipient, All i�ecords pc�tainii�g to this Contract. Such ri�t�t to access
sUnl] c�mtinue as long as the records a�•e retained by Subrecipient.
Ia. 1'e�iod c f lieco�'c� Retenfior�: Subrecipient agroes to tnaintain suc.h records in an accessibl e loeation for tlte �;reatec af'
five (5} ye�u's after the expenditure of all fiands irozn the �rant, or the period spc�i�ed below:
(1) Where fuucis fi•om this Contract are used for the renovation of a�i emergency shelter involves costs cl�u•gecl to tite
I�SG gca�rt that exceecl seventy-five pe�r.ent (75%) of the value of'the buildin� Uefore renovation, records must
be relained until ten (10) ye�•s afterthe date tl�at ESG .fu��ds u•e first obli�ated for the raEZOVation.
Pa�,e. 5 oi' 22
.. . � � <t . . . . . .
(2) Wliere funds fi�o�x► Ihis Contract are used ta converk a buildin�; into an emergency slielter uid tV�e cost:s cha�•ged to
the L;SG �rant for tl�e conversion excceci seventy-tive perccnt ('75°/a) of the value of the buildii�g after
convers3on, records nu�st be retained until ten (10) years after the dalc: ihat �SG fiinds aE�e fiest obli�;oted for the
amversion.
G. Exce�tions to the record retention periods outlineca nbove include; (i) if'notifietl by the 1)epai�finent in writiu�;, the date
ihatihe finai audit is accepted with all audit issucs resolved.i� the Depa�•tment's satisfactian; (ii) if aiiy litigahon
efaim, negoiiatiota, inspection, or olher action has sta�•teci beforethe expiration ofthe required reieniion period recards
must be ret�ined until completion of the activn and resolution of all issues wl�ich arise unde�� it; (iii) a date consistent
with ��y other period req��ired by federal or st�te law oc t�:gulation. Subreci�ieut agret;s to coopei�te wilh any
exa�nination eoiidueteci pu�:suant to tl»s SEil�secCion. [Jpon ienninatioii oftlus Contrnct, utl rec:c�rds are p�•operry of the
T)eparhnen�
ii. St�brecipient shall rnclude tlfe substance oft.i�is Section 11 in all subconh'acts.
SI;CTION 12. RCI'ORTING 1t�QCJICtCMEN't'S
A. Subrecipie�rt shall subinit to Departmenl such repnrts on thc performance of this (:ontcact as may be re.�uired by
Departn�ent includ'u��, butnot limited ta, tl�e reports specified in ihis Section,
B. Subrecipicnt shall eleeh•onic�illy ��Gmit to tlio Deparhnent no later tlta�y the fifteenth (15th) day of each month
following the t•eported tnonth in the Contract "ferm a performance re:pot�c lisfing t'cquired deinographic i��f'ormation,
the nutnber of perso�is assisted, and #he outcc>mes achi�ved in tiie previaus montl�, a�id an expendituce ►�eport lisking all
expenditu�•es af funds under diisConti�act dtu•ing the previous inonih. These repo��ts aredue even if Subrecipient has
no new activity to report during the mouth. .
C. SuUreaapicnts mus�t repait client-level data in the liomeless Management liafoa•mation Systein (1-IMIS) or a
co�np�u•able clatabase. Provideis of se�vices to victims of do�r�estic violence are o��ly ��equii�ai to i�eport aggregated
data.
D. Subrecipient shali stibmit a final ���rformance repo�t and a final exne�lditure cepo�t to tlic Deparhne��t witl�in thiity
(30) da►ys after lhe end of the Conkract'1'erin, 'fhe failure of Subrecipie�rt to provide a full accounting of all fimds
expended under this Go�itract witl3in sixly (6d) days shall be sufficiel�t reason for llepartmenk to deny or tertninate
uny future a�nti�cts with Subrocipient. lf tl»s Cantrt�ct provides assistat�ce f�r renovaiion, a•eitaUi�itat�u.i�, or
cor�version, in addition to lhe elect�•otiie final renol't; Subc�ecipieut shall submit cover photogr�phs of'the finished
constcvction work, andve��iflcation of p�ssecl ins�ections in the focm of certificate occupa�lcy.
F, Subrecipie��t shall submit to .�epaa'tment no laiei• than sixty (60) days after the terminaiion of tilis Conta•act a
cumulative in�ventory repori of all eyuiproent having a unit acquisition cost of $S00 or more, acquirecl in whole or in
�a��t with funds �•eceived undcr this or pi�evious �:SG cantracts. Upo�� the; tf:rmination of this Conh•�►et, DBpc7!'�Ii1Gpt
may h�attsfer title ta any eyuipment to the .Deparhnent or ta any other entity receivin� �?SGr funds from the
Department.
F, lf Subrecipient fails to submit within fo�1.y-tve (45) days of its due date, any report or response ru�uircd by this
(;ontract, ir►cluding responses to monitorin� reports, i)eparttnent may, in its sole c�isct'eiion, suspend payments, place
Subincipie�it ou cost reimbw�sement method of paymcnt, and initiatc pz�occedings to terminate the Contract. If
Subrecipient teceives FSG funds ii'oin Uepaitmeut over two or more Coi�trttct'['erms, termination proceedings may
he initiateci on tl�is Cantract for Subrecipic:nt's failure to submit a report, including an audit report, past dne from a
�rior wntl'act,
G. Subrecipientshall p�•ovide theDepartnrent with a Data llniversal Numbering System (D�7NS) number and a Cent�•al
C�ntractor Registration (CCR) System ��umbcr. 'Cf�e �UNS nucnber must b�; provided in a document ii�am Dun and
Bradstreet a��d the current CCR number must be su6mittsd fro�n a document ret�•ieved from the
https://www.sam.gov/porlt�l/public�SAM/ website. 'C1iese documents mus� be provided to ihe l7epurtment p��ior to ihc:
processing first payment to Subrecipient. Subrecipient shall maiirtain a cu��rent DUNS number and CCI2 number for
the entire Contraet7'erm.
P��;e 6 of 22
SrCTIUN 13. CHAIVCS�:� AND A,MI�,NDMi:NTS
A. Any ch�u�ge, acldifion, or deletio�i to the terms of this Cor�UACt requiird by a change in state or £ede{•ai law or
regul�tion is automatically incorporated hereir► a�id is effective on the date designated by sucli l�wor regulations.
I3. Excepi as specifically h►Yrvidecl otfterwise in tf�is Conti�act, any changes, additioas, or deletions co the t�erms of tf�is
Co�tract shall be in wriling �nd executed by botl� Parties to ihis Co�ib�ct. If any Party ret.uri�s an execiated copy by
f�csimi te machine ar elecu�onic tcansmission, the signing p�u�ty intends the copy of its autJi.orizecl signatur� prin#ed by
the receiving machine o�� the efectronic Iransmissiort, to be its ariginal sign�turc.
C. Wriiten reyuests for Contract a�nendment must be rec:eived by tl�e Depai�tment by no later ihan six�y (60) days prio.r to
ttie encl �ftlie Conh•act'I'erm.
SFCTIUN 14. PRUGRAM INCOME
A. Pragram income includes any gross income received by the Subrecipient directly gene�•Eited by a scant supportad
activity, or e�trned only as a resull of #he grant agreement during lhe �rant period,
13. Tn accounting fo►• probra�n income, the Subi•ecipient must flccurt�tely rcllect fhe rc�eipt of s��elt funds sej�arate fi•om
the �r:ceipf of'federaJ fuiids and Subrecipient f'unds,
C. 1'rogrvn income e�Nnecf during the NSCi Contract Term shall co�uit toward �neeting tlie Subrecipieut's matcbing
ru�uiretnents dui�ing ihe Corrtract Term fln.d �liauld bc ��eported �s match, provideci tlie costs �re eligible rSG costs
diat suppl em�nt the Sub►�ecipi ent's .CSG pca���un.
D. Yrobra�n u�come received by the SuGeecipient durin�; the two (2) years io{lowing ittc end of the Cont�act Term mus�t
be returned to the Dep�•tment Program incoine must be returned within tei� (10) working days of receipt by the
Subrecipient.
E, Progi<vn inconse received by thc Subrecipient aftee the tw� (2) ye�u� pez�iod described in subsection (d) of th.is section
ii�s expiced, cun be retainecl 6y lhe Subreeipient.
S�CTION 15, TI�CNNICAIa GUIDANCE
Department i��ay issue technical guidat�ce to expl�tin the rul�s �aad pa'avide directi�us on ter•ms ofthis Contract.
S�CTYOIV 1G. I�II)r��PC.NDTNT SUB[2�CI.PILNT
It is abreed that Dep�u�rnent is contracting rvith Subrecipient as a�i independent conkractor. Subrecipient a�cees tp
indemnify Depai�rnent against any disallaweri cosis or other claims wh'tch may ba asseited by any third party in
cannwtion with ihe s�•vices to be perforaned by Subrecipicnt under tliis Co.nhact.
S�CTIUN 1'i. 1'ROCURI+;MI�:NT STANDATtllS
t1. Subracipient shali cornply with 24 C.i�.R Parl 84, tliis Contract, vid all appli�ble fedc�•al, state, and local laws,
rebulations, �uad ordinances for malcing procuremenls undec this Contracfi.
F3. Wh�;�� the Subrecipiea�t no longer needs equipme�rt purchased vuith �SC� grant funds, regaedless of �urcbase price, or
upoa the te�•mination of this Contcact, Depariment may take pos�ession aazcl t�'ansfer iiUe to any such �roperly or
equipinent to the Department or to a ihied party or roay seek reimburse�nent fi�ocn Subrecipient of tlle cur►�eizl unit
price of the item of equipment, in DeparfinenNs sole determii�ation. Subrecipient must rec�uest pecmission fi•om the
Deparlment to t�•ansfer title or dispose of equipmetit purchased with GSG gr�u�t funds.
C. Subrecipients and Uieir co�riraetors must comply with 5ection 6002 of ihe Solid Waste T)ispasal Act wliicl� requires
procuriz�g only ilems desa�;nated in t�ie Environmental Arotection A�ency (NnA) �uidelines ltiat conkain ihe highest
perccnta�;e afrecovered materials, Subrecipients mustalso:
(1) maiiatain asatisfactory level ofc,�mpetitian ifthe purchaseprice ofthe item exceeds �IO,OOQ or the valueofthe
quantity acquired in the preceding fiscal yea�• exceeded $l0,OQ0,
(2) maximize energy and t'esource recovery when procuring solid waste mana�;ement. services, and
{3) establisl� an affi►�inative procm•cment pro�ram for rec�vered inateri�ls.
I't��;e 7 of 22
s�cTiorr.ls. s�u��coN�r�iAC�rs
A. Subrecipient may �iot subco�iiract the'prii»�y performancc: of this Contract and only may et�ter into contracival
�reeme�its for consulting and otiie�• professior�al services if Subreeipient has recaived Depa�•tment's px•ior wr.itten
approval. Subret;ipie►�l may subconh•act for the deliveiy of clier�t lssxstance williout obtflining DepartmenCs prior
�pproval. Any subcand�act for tl�e delivery of client assistance will be subject to monitnring by the De��rime��t as per
Section 26 of tiiis conh�ct.
�3. In no event shall �iy provision of this Section, specific�111y tlie requii•emenf t1�at Subrecipient obkiin Depa►�inent's
prior vv��iit�n approval of' a subco►it��actor, be construeci as ��elievin� Subreci�ient of tlie t•esponsibi lity for er�surinb tliat
tl�e perFa�mu�ces renciered under all s►ibconta�acts are ��endea•ed so as to cnmply with all of the tei•ms of fhis Contr�cl,
as if such performAnces rendered rvtre rendered Uy Subrccipient. Txna�tmen�s a�proval unclea� this Sectioii does .not
constitute adoption, rAtification, or acceptance af Subrecipient's ar subcont�'actoc's perfoa�mancc hereu►�der.
neparttt�ent inaintai��s the ri�;ht to tnattito�' a►�d requu•e Subrecipieni's full compliance with ihe terms oith.is ('.oailz'act.
Dc�farhnenYs approval under tliis Saction does not waive any righi of action which may exist or wliich ►nay
subsequent{y accrue to Depa►�tusent t►nder this Conb•act.
S�C'['TON ]9. LNVIRONM�N7'AL R�V[CW
Activities are subject to environmental re�iew under 24 C.i'.R Pa��t S$. 1'he Sub�'ccipient shall supply to the Dep�•tment
all avai lablc, relev�u�t information necessfuy to perforrn any envi��anmenfal review ir,�uiird foe e�ch pA'ope�'ty as requirul
by 24 C.�.ri. }��t ss.
The SuUrecipienl or its subconfractoe may not cotnmit ar �xpend any PSG funds u��til an enviroumenlal review th�t
mects the stand�u�ds ouclined in 24 C,P.R. Park S8 has Ueen reviewecl and appt•oved in writin�; by the Dcpttrtment.
SI;C'CION 20. WTt1Ti'�N STANUARUS
Subrecipient must establisli and consistently apply wriften s�andards witiun its prog�•K�n. Subrecipient rnust provide
Tf�f�IGA a aopy of the written st�ndards prior to conGact executi on. Requirecl topics for �n•itter� standu-ds as listed on 24
C.F.R �57G.4UU(e) include: �
A. Participxnt elrgibiliCy;
E3. 1'ar�etinb and providin� essential se��vices for Street Out�•eacli;
C. .Policies �;overning stays in �merbency Shalier;
FJ. Policies governing essential servicos related to E.mergency Shelter;
l:. Coordinat.ion amon� providers;
f'. Participant coatributions fo�� Hoincicssness Prevention and Itapid Re-Housin�; assista��ce;
C. Dw•atioEi anci flmount of �•eiita) assistance;
H.1'rioritizing r•eceipt of Homelessness Prevention and Rapid Ke-�-Io«sing �ssistance; and
I. Uu��ation aud aannunt of liousing stabilization aiid/or relocation services.
ShCTION Z1. A[1DY'�'
A. Subrecipient si�all subrnit to Deparnnent, within sixty (GO) days after the end of each fiscal year, an Audit
Certification Form t�.s specifiecl by Deparirnent for each fisettl yea►• in which ar�y month of the Subreeipie�it's fscal
yea�� nverlaps a month of the Conh�act Term. CJnless otherwise directed by ��partmcnY. Subrecipient shall a�•range for
the performance of an annual fna�ticia) and wmpliance audit of fiinds received and peeforminces rendereci under this
Confcact, subjc;ct to the tolEowing conditious a�id limitations:
(1) Subrec:ipientshall have ai� auditconducted in acce7rdance witli 24 C.}�.lt. §85.26, OMB Li.rcu]a�• A-i33; and 31
11.S,C. 750] foi• any of its �scal years included within the Contract lerm in which Subi�ecipierrt has expenses af
tnore than $500,000 in state fiands or $SOQ,000 in fecica�al fivanoial assista��ce provided by a federa[ �s�ency in tlie
fonn of �rants, contr�cts, loans, loan guacantees, propeiiy, coopei�ative agreeme3its, interest subsidies, insur�uice
or dii�ect appropriations, but does not incfude direct fe.clerdl eash assistanc;e to individua[s. The t�rm federal
financiai assistance includes awa�•ds of' finar►cial assista��ce received d'u•ect(y fi•om federal agencies, or indi.rectly
• througli oihei• units of State �id local governmenF.
Pfi�e R c�f 22
�2� SIIUPtCI�)]ERt illily Ll(1I12C �lifl(IS �il(j�Cif'CI LIflC�el' 1�11S CO11iCaC[ f0 [)ay iOr ih:�t portion af the cost uf sucl� audit
se�vices properly allocable to the activities funded by Df;pa►•t►n�nt under this Contract. 'Y'he cost of audiiiaib
secvic:es .for a Subrecipient expendin� less than $SOO,D00 in total Fecte�•al awu�ds pe�• tiscai ycar is not an
al lowaUle oharbe uncler Federal awards.
(3) Unless othe��wise specifically auti�ori�ed by Deparkne�it in w►�iting, Subreeipient shall submil two (2) c;opies of
the audit repot� to the Lkpa►�lmen�s Compliance and Asset Oversight C)ivision and one (1) co�y of the audit
report to tlieDepartment's Community Affairs Division within ihirty (30) days after completion of the audit, b�u
no Iater than nii�e (9) months after tl�e end of each fiscal period included within the period of ihis Contraet.
Audits performed undec this seetion are subjecl. to review and resolution of findings by the Depa��t�nea�t ar its
at�thorized represents�tive. Subrecipient s.hall sub�nit such audit report ia the i�ederal cletu•inghouse c�esignatecl by
- OMt3 in �cc:orda��ce with UMn Circula��A 133. .
(4) At the optinn of Si�brecipient each audit rec7uiral by this section may cover Suln•ecipie��t's entire operations or
each depa�t�nent, agency, or est�3blishment of Subi�ecipienfwlucli received, expended, arotherwise administered
fedet•al funds. �
B. Subscction A of tliis Section 21 nolwithstanding, llepartment reserves tlic right to conduct an annual financial and
complia�ice auciit of fiinds rec�ived and performances rendered under this Contract. Subrecipient abrees to permit
I)eparUne�rt, or its �uth�rized representntive, to a��dit SubrecipienCs cecords ancl to obt�in Any dociiments, anaterials,
or information nec�ssary w facilitate sueh audit. Such fiaaiicial and complivice auciits may oecur after the close o1'
the Coni��iet'feem.
G. SuUrecipient underslandsflnd tigrees that it shall be liable io nepactment for any costs disallowed pursvantto fi��ancill
and compliance audit(s) af funds received under ihis Conh�act. Subrecipieut fucther understands a��d agra:s ti�ai
rei�nbursen�ent to Dep�ut�nent of such dis�llorued costs shalt be paid by Subrecipient from funds which were not
pravided or otherwise made availt�ble to Subreeipient unclei• fl�is Contracf,
D. Subrecipient shali take such action to facilitata the perform�t�ce of sucli �udii or audits condUCtecl pursaant to this
seation as J�:pa�•kmeut may i�equire af S��brecipient,
I,. All approved I:SG audit reporGs shalJ be made availab[e for public inspectinn within thii�€y (3U) clays after coml�letion
of tl�s a«dit.
F'. "The Subrecipierit shall include lu��;�iage in ariy subcontract that provides tk�� .f)ep��tment Uie ability to direcfly
review, monitor, �nd/o�• atldit the a��ei�ational �u�d financial performance andJor records of work p��•fo�•med under this
Contract.
G. T)eparlmeiat reseiroes the ►•ibht to conduct aclditional audits of flie funds received �nd perfoi7nances i�endered iinde►• tliis
Contrac[. Subrecipient agrees to permit Depa�tment o►• its authorixed represeutative to audit Sub��eciplent's rec�rds
a�ld to obtain any docu�nents, materials, o�� infocmation necessary to faCilitate SUCl1 fluClit.
SEGTIUN 22. MANAGEMI:NT U�'tiQU1PM�NT A1Vll INVENTORY
A. Subrecipient shalI com�iiy with ().M13 Ci►•cular A-1U2, 24 C.F.It. §§85.32 - 85.34 �nd 10 TAC 5.09- S.10.
B. Subrecipient may not use funds provided under this Cautract to purchase personal property, equipmenf, goods, or
services with a unif aequisition cost (the net inv�ice u��it priee of an item of equipment} ofmore than $SOO.UO unless
Sabrecipient has roceivad the prior written apptova) of l�epartme�it for such purchase.
C. Upon the termii�atio►i or z�on-re►�awal of tf�is Conirac#, Department may transfer title to any such property aj'
equipme�rt having a useful life of oue year or more or a un it acyuisition cost (the net invoice ui�it price of an ite�n o f
equipmeni) of �500.00 or more to itself or to any other entity �roceiving De�arGnenl funding.
g�CTIUN 23. TRAVCL
Sub.cecipie��t sh�ll adltere to OMB Circoiar A-$7 and eiiher its board-approved trHVel po[iCy, or the Stat� af Texas U•xvel
polinies. Subrecipienl's written travel policy shall delineate ihe rates whicl� Subrecipient st�all use i►i computing Q�e
iravel �u�d ��e�� dienr eapenses oFits baa�•d uiembers and employec:s,
Pa�;e 9 of 22
�I�,C'I'IOiV �4. INSt11tANC� A[�l)130NDtlYf; KLQC1i.12LMrN7'S
Subrecipient shal[ mainttiin adequate personal inju�y and property damnge liabiliry insm�a��ce o��, it'SuUrecipieiit is a unit
ar local goveri�ment, shaU maintain sufficicnt reserves ta protect against the haz�u�ds u�ising out of or i�� conttection with
the perfoctnance ot' Q�is Conh�act. 5ubrecipient is encouraged to obtain poflution occurrence insurance in addition to titie
general liability insurance. Genera{ly, re�ular liability iusurance policies do not �rovide covcrage fo�• pote►�tial effects of
many health and safety measures, such as lea<t dislurbanccs and other pollutiax� occin�rence items. Subi�cipient shotald
revisw existing poJiciesto determine if lead containin�tion is covered.
lf Subrecipient will enter inta a construction coniract with a third-pu•ty in the �vnount $25,000 0!' �;i�;ater, Subrecipient
rnust execufe with ihe con���etac a payment bond in ihc fiill �nount of the canteael. If Q�e Subreeipi�nt wili e;trter into
contract with a prime contractor in excess of $100,000, a 3�e�'forma�ice bond i�l the fuli a�naunt of ihe contr�►et is alsa
rec�uirecl. ".Il�ese bonds miast be executeci by a corporatc surety auflto��i�,ed to do business in'Iexas, a list oPwt�icl� may be
obtaincd fi�om the State Insura�ice Depaafinnent Such �ssura�ic�s of cnrnpletion will run to the Depa��h�ent as obligee vid
must be documented prior to tha sta�•tof eonsb�uCtron.
S�CTION 25. I..ITI(.AT10i�T AND CLAiMS
Suba��cipiantshal{ �ive Depa��ttneiit immedi�te written notica of a�ly claiin or acCion filed with a c��irt or ada7iinist��ative
agency abainst Su6recipient and arisii�� out of the performu�ce of this Canlract or x��y subcontract herewider.
Subrecipient shall t'i�cnish to DeplrtmenY copies of all pertinent papers ceceiveci Uy Subrecipient with �•e.spect to such
�cfion or ciaim,
SI:CTION 2G. T.[,CNNICAI. ASSTSTANC� ANll MUNITO1tINC
T)eparhnent or its designee may conduct periodic an cn off-site monitoring and evaluation of the efficiency, economy,
ar►d efficacy of Subrecipie�zt's perforn�ance of �fais C�nh•act. Depa�•tment will advise Sub►•eeipient in writitig of a��y
deficiencies t�oted durin� sueh monitoring. :Uepa��tment will provide technic�l assistance t� Subi�ecipient and will re:yuire
or suggest changes in Subrecipieni's p�•ogra�n implementution or i�� SubrecipienCs accou�iting, pcisonne[, prociii�emenf,
and manebernent procedui�es in order to cArrec{ any defciencies r�oted. Ilepai�lment may condi�ct follow-up visits to
review and assc�ss tl�e efforts Subrecipient l�as made to correct previously ilotui deficiencies. 17epartment may place
Subrecipienton a cost reimbursemeart n3ethod ofplyment, suspend orte►7ninate this Cotitract, or u�voke otlier remedic;s
in the event iyionitot�in� or other reliable sources reveal inaterial deficiencies in Subrecipient's perform�ncc or if
5ubrecipient fails to correct a�iy d�fcciency within thetune alloweci by fedei�al oc slate law or regulation or by the teians
offiiis Conh'acC
SEC'['ION 27. LGGAL AUTHUYt1.TY
A. Subrecinient assures and guarantees that it possesses the legal �uthocity to e�tea• inta this Contraci, to receive and
manage the fimds authorizad by this Co�xtract, and to perform the services Subrecipient f�as obligated it�elf to perforin
hereunciey'. '['tte execution, delivery, and perform�u�ce of this Conb�act will qot violate Subrecipient's constitutive
daoaments or Finy req�►irement to which 5ubrecipient is subjectand rep��esentsthe legal, valid, and bindin}; agreement
of Subrecipienf, el1£orce�able in aceordance with i�s terins.
B. Tiie person signing ihis ConU•act on behalf af 5ubi�;cipient lie��eUy vra�ra�us that helshe has been duly authorized by
Subreaipient's governing board to exooute this Conu•act on behalf of Subrecipient �uid to valid[y a��d le�ally bind
Subrecipient tp the terms, p�•avisions and perfoirn�utces herein,
C. Depaa�Gnant shall l�ave the riglit to terminate this Conta•act if there is a dispate as to the lebal authority of eithei•
Subrecipiecat or the person sign.ing this Canfract o�1 behalf of Sul�recipient t� entee into ihis Contract or to render
performances hereunder. Subrecipicnt is liable io 1)epartment fo►• �uty tnoney it l�as received fi•om Depa�•tment for
perforn��ice of the pr�visioits of this Corltract, if the Dera�tment ��as teraninated ihis Contract %r rc�sotis enpmer�tec�
in this Section 27.
ST;C;TION 28. CbMPLiANCI�; W1T.H LAWS
A. 1'��D�RAL,, S'I,AT�f; ANU L�CAI., I.AW. Subrecipient shall comply witli tl�e McKinney-Vento I°Toanelessness
Assista��ce Act, the federal rules and regulations promul�;ated unc�ei• 24 C.r,R. Pacts 58, 85, 9i, 576, 582 and 583,
Title 10 of lhe Texas Adminish•ative Code, and all fecie�•al, sta#e, and loca[ laws and regulations applicable to the
per4ormanee of fhis Conteaet.
Pa�;e ] 0 of 22
I3.1�RCJC;�F�itN,G WURKPI,ACI, , ACT QF 19�i3, `f'he Subrecipient affirms by sig�iing this u�ntrnet that it is
implementi.ng the Qrug-free Woa•kplace Act ot' 1988 (41 OSC 701 ,et seq.).
C. LIMITED }:NGL,ISH PROF1CIf�HCY,,.,{.[.EP . Subz'ecipients must provide �rogram �pplic�tions, fo��ms, and
�1ttcAtional maferials in Englisli, Spanish, a�ui an� apprapriate la��guage, bt�sed on fhe needs of tlie service a�•ea a��d in
c;ompliancewith tlie rec�uirements in �xecutive Order 13166 of Au�ust 11, 2000 ��eprinted at 65 F.R SQ121, August
1G, 2000 Improving A,ccess to Scrvices with [.ivaited Gl�;lish Proficiency {li;P) at 67 PJ.Z. G145S, To snsure
comE�Ga�ice, the Subrecipiei�t must take reasanable steps to insure that persons with l,imited Englist� Proficiency f�avc:
aneanin�;ful au;ess to tiic: progcam. Meaninbful1u;cess may entail provide language as�ist�lnce se��vices, includi�ig �ral
a��d writteai iranslation, where necess��ry.
n, ACCESS. Subcecipient rnust meet ii�e accessibility stN�darcls uncter Section 504 of the Rehabilitation Act of 1973 (5
U.S.C. 794) a�id its nnpteu�eniin� ►�e�ulntions at24 C.F.R Pact 8, The Faie Ilousing Act (42 U.S.C, 3601 et seq.) and
Titles 11. and Tll ofchc America�is with Disabilities Act (42 U.S.C. §§ 12131-12189; 47 U.S.G. 155, 201, 218 anc12SS).
Subrecipients shall operale each pro�;rAm or activiiy �•eceivivg rSG f nancial assist�nce so t1�at the �rogra�n or
activity, when viewed in its enti�•ety, is readiiy accessible and usable by indirriduals witli disabilities. Subreci�ienis
a�•e also required to pt•ovidc reascmable accomrnodations for persons with disabilities.
F. LEAD:1_,esd-b�sed paint.remeditttion and disclos�n•e applies to all �:SG-fundtd shelters a►id all h�usin� occupiect Uy
L,SG pa�•ticip�ats. 'I1xe Lead-Basc:d I�tint I'oisoning Prevention Act (42 U.S.C. �1821-4846), the Itesidenlial
T�ead-I3ased Aaicit 1-laz�u�d ltecluction Act of i992 (42 U.S.0 4851-a85G), and tl�e relevant subpa�ls of the
implerneniing rc�ulations ai 24 C.f'.R. .Part 3S, Subpaits A, 13, H, J, K, M and R apply io activities under this �ranl
pro�;ram. The Subrecipient must also cornply wit� the Lead, ReTiovation, Rcpair, and Painting Pengra�n �'inAl rtule, 4Q
C.I'.R, Pa�i745, where ap��licable.
SCCTiON 2). pR�,'V�NTION OF WASTF, FRAUD, AND AT3US1:
A. Subreeipient shall establislt, maittlain, and utilize systems and procedures to preve�rt, detect, aiid correet waste, fi�aud,
and abuse in activities fundc:d �a�der titis CottU'act 'I7�e systems sind procedures sh�tll addi�ess possible waste, frnud,
�►�d abus� by Subr�cip�ent; ils em{�layees, clients, vendors, subcontractors and adminisle��inb agencies. Suhree;ipient's
intu•nal coni�•ols systems and all tra�nsaciioi�s and adier si�nif cant cvetlts are to be clearly documented, ��d the
dncuia�e»fatio�i isto bet•eadily available for �nonitoring by I�p�•t�nent.
B. Subrecipient shflll give T�eptui.ment annplete access to all of its i•ecoa�ds, emplayses, and agents fo7• the purpase of
inonitoring o�• investiga6n� tl�e IuSG progra�n. Subrecipie.nt sl�all itnmecliately notify Department of a��y discovery o#
waste, fraud, oi• abuse. Subrecipient s}.�all fully caoper�te with Department's efForf.ti to deiect, investigate, and pa�vvent
waste, fi�aud, and abuse.
C. Subrecipient may not discriminate a�ainst a��y employee oc other peison who repot'ts a violation of the te►•tns of lhis
Canh•act, oa• of any law or regulation, % Depa�•iment or to any a��propriate law enforcetx��tt author.ity, if'the report is
made in goocl faid�.
S�CTI()N 30. C' � RTI�ICATION RI:CARDING TJNU4CUMCiVT�D WORKLI2S
I'ursuani 1:0 {;hapter 2264 of the Texas Gove��nment Code, by ex�uti�n of this Conla•act, Subrecipient hereby oertifi�;�;
tl�at Sub.recipient, or a 6ranch, division, or department oT Subrccipient does not and will noi knowingly employ ��
undocumented worker, where "undoc:umented worker" me.�u�s an i�idividual who, at the time oF employment, is not
lawful[y admiiteci for permanent residence to flie United SYates oi• audiorized under law to ba einployed in that �x�nnet• in
the United Sfates. If, after receivin� apublic subsidy, Subreeipient or a branch, division, or depa��ttnent of Subrecipient
is conviciect of a violatio�i under $ U.S.C. Section 1324a (fl, Subreci�ient shall repay the puhlic subsidy with interesl; at
the ��ate af five percent (5%) per annum, not later than thc 120th day after the datc the Department notifies Subrocipient
of the violtttian.
i'a�;e I J c►f 22
src���orr �l. coNr�,rc�� or rn��,cR�s���rv�:a�o�r�sm
A. Subrc:ciJ�ient shall m�zini�in writtei� st��nda�•ds of conduct governu�g lhe pef�forniance of its e�nployees enga�cd 'an lhe
awnrd and adroinistx•atioEi of eontraets. Pailuce to maintain writie�i st�►idards of conduct and to follow a��d enforce the
written standacds is tt condition of default under this Contract and may result in terminatioE� oi ihe Conh•act or
deoblig�tioti of fands,
t3, Na em�loyee, officei•, or age�tt of Subrecipientshall p�rticipate in the selection, award, or adininis�t��ation af a contract
sup��orted by fede��a) funds if � r�l or appu�eut conflict of inte��t would be involved. Such a conflict would a.rise
when the employc�e, officer, or agent, �ny member of his or her immediaie fa�nily, his or lte�r pa��lner, or fu�
orgaiti7.�tiioti which employs or is about to employ a�iy of the P7rlie:s indicaCecl herein, has a finuicial or other interest
i�i the fii•m selectec3 for a�i Award, This als� applies to ttic pincurement of goods and services under 24 C.F.R P�rt
85,36,
C, Tiie office��s, employees, a�xd �ents af tt�e Subrecipient shall neither solicit nor accepi gratuities, favors, or Anytluitg
of mon0tary value Pib�n conh•actors, or parties to suba�reeme►its, Subrecipients may set sfianda�•ds f'or situatlons in
which the financial intemst is uot substantill or the gift is an titnsolicited item of nominal value. 1'he standa��ds of
conduet sl�aJl provide for diseiplin�uy actians to be applied forviolaiions of such st�u�da�•c3s by offieers, empioyees, or
agents oftlieSubrc�cipiez�t, '
D. Subrecipie.nts who arc foca) goveiriinental entities shall, in addition to d�e requirements of this Section, follow the
re�uirements of Chapter 171 of the Local Gavern►nent Code regardin6 co�iflicts of inte��est of of'ficers of
municipalities, counties, and certain other local governcncnLs.
I�. The provision of' any type or amnunt oF ESG assist�nce may not be condiiioned on an individual's or family's
accepfance or oc:cupancy of emergency shcltei• or housing owned by the reci�ient, ihe Subrecipient, or a pa��ent or
subsidiary ofthe SuUrecipiettt.
r. No Stibrecipient may, with respect fo individua.ls o�' fainilies occupyiub Itousing owned by lhe Stibrecipient, or ��y
narent or subsidiary of the Subrecipient, carry out the initial evaluatio�� requi��;d under �576.441 of ihe ESc
Regulations or administer homcicssncss pcevention assisi�nce tinder §576,103 ofthe I;SG Re�ulations.
SCCTION 32. P()I.ITI:CAL, AC:TIVITY P.I2UNIBITLll
A. None of the funds provided undr:r this Conti•ACt shall be used for intluencing tliv outeome of niry electio�i, or khe
pa�a�e or defeat of any legislntive measure. This prohibition shall not be const��ued to prevent a��y of�icial or
e►nployee o#' Subrecipient Fi�om furiiishing to any anetn6er of its �;overning body upan reyuest, or to a��y other loc�l or
state official or employee or to �ny citi7.en infarmation in the hands of the em�loyee or official uot considered under
I�w #u be confidentiftl infot��nation. Any action taken agunst tu� employce or official foe supplyir� such infotxnatian
sha(1 subject the pes�son initiaNng the action to immediate dismisstil from cmpEoyment.
B. No funds provided und�r this Cont��ct may be used direcily or it�directly tc� hire employees or in ar►y other way fund
or su�prn�t candidates foe ihe legislative, exccutive, or judicial brt�nches of gove;rrnne�at of Subreci�ient, the State of
"l"exas, or the govein�nent of tlia United States.
SI�CTIUN 33. NOiY-ll1SCRIMI.NAT.IOIY AND EQUA�. Of'PO�i7'UNITY
A. A person sl�alt not be excludeci froin p�ticipatio�a in, be denied the bencfits of, be subjected to disc��imination under,
oa• be denied employment iu the adtninisU�ation of or in comie�tion with any program or activity funcleci iii whole or in
pait with fuads made avai(�ble under this Contract, on the grounds of race, color, religion, sex, national ori�in, age,
disability, politicai affliation or belief:
13. Subrecipient agrees to carry out an E�qual Emplayment �ppo�tuo�ity T��ogc•am in kecpiiig witli the principles as
providul in (�•esident's Y'acecutive Order I 1246 of Septembei• 2�1, 1965.
C. Subrecipiet�t will include ihe substaace af Section 33 in a11 subconfiraets.
Page 12 of 22
SL+'C1'iQN 3�1. C.1.RTII+ICA'I'XON RLGARUINC CrRTAYhI DISAS7'L+'R RFLIC;I+ COIV7'RACTS
']71e Deparhnei�tmay not award a Contraetthat incl ude�s pcaposed finaracial pa►�tici}ration Uy 1 per.son wl�o, during the five
year period preceding the date of tbis Cozitract, h�s been convictecf of �iolating a federal law in can��ection with a
c:onG�aet awardecl by the federal government for relief, reCovery, or z�econstruction effaxts fls a result of 1-Iucricane Rifa, as
de�ned E�y Sectian 39.459, Utilities C'odc, Hurricane KaU•i��a, ar any o8�e�• disaster occurring after September 24, 2005;
or assessed a penalty iu a federal, civil or adroini strative e�iforee�nenl action in connect9on wiCh a contract Awuded by Qie
fedei•al governitx:nt for relief, recovcry, or recqnstruction efforts as a result of 1{ucricane Rita, as defined by Seciion
39.459, Lltilities Code,1-lurric�ne Katrina, oa� any otlter disa�ter occurring after September 24, 2005.
By executio�� of d�is Contract, the Subrecipient laeroby ce��:ifies thai it is eligible to participate in FSG and acknowledges
iliat fhis Cocit�•act �nay hc tarmhiated and �3ayment wid�l�eld if fhis ce��tific�tion is inaccurate.
SECTlON 35. C�RTXFICATIAN R�GARDIiYCG MAINTF.NAIYCE OF E�FORT
Pands provicled io Subreeipient tmder t��is Cont.eflet may n�t be substitute�cl for funds or resources fi•om ariy ather source
or in any way seive to reduce the funds nr rosources which would have been availaUle to o�• provicled throu�h
Subrecipient had ihis Concract never beeR� executed.
,5I:CTIUN 36. 1)�BARIi�D ANII SUSP�Nll�D 1'ARTICS
By si�;ning d�is Cont�'act, Subreeip.ient eertii'ies that ileitl�er it i�or its ctirrent p��.inciple parties a►•e included in #Fzc Excludc�i
i'fu�tics l,ist System (FPI.S) mainfained by the Ceneral Services Admi��istration (GSA). Subrecipient also c:ertifies th�f it
wiLf not awa►•d any funds proviciui by this Co�zU•act to a�iy party dtut is debarred, suspendetl, o�• olhcrwise excluded fi•bm
or ineli�ible forparticipakiou in federal assista��ceprograms under�xecutive qrde�• 12549. Subcecipientagroes that prior
to enterui� into any abreement wiih a potential snboontractor that the ve��ifc,�ttion process to wmply with diis
requirement witl be accomp[ished by checking the �xc(uderl l'artiesList Syslem at http://www.epls.gov/ oa� by collecti��g
a ceitification fi•om d�e �otetttial subcont�•HCtoc.
SEC'I'XUN 3i. SPCCIAL CQND[7'ION�
A. Depa�4m�a�f shall not rel�se any fii►ids unde�• tltis Cont�•act imtil Ix:pa��tmeni hasdefeen�iaeci ihat Sub►'eoipient's fsc�l
eontro[ arxi fimd accounting proeedures are adec�uate io ass�i��ethe proper disbucsal of and aceouniing for such iunds.
B. Depa��nent sliall nol release any funds under this Cont�•act unlil Aepa��tment has received a properly coxnpleted Uirect
Deposit Aulhorization form fi•o�n 5ubrecipienL
C, Subrecipient shall oblignte (as sucl� term is defined in 24 C,F.R. §57C,203) all funds provided under this Condact
within 120 days as ofthe date in Subrecipient's award lette►•. lle�ai�nent will rec�pture any funds not sc> obligated.
ll. Subrecipient sliall ensure iliat any buildin� rehftbilitated with i'unds provided uncier this Canh•act is mainfained as a
shelter for the homeless for not less than a three (3)-yea�� period oi• for not less tha�� �► ten (10)-year period if such
i'unds �u•e used far raajor reJtabilitation or conversion of the building. 'p�e applicAble period shall be calculuted in
accordance wiih 24 C:,1�.R. §57G,
Ts, If Suk�.recipient us�s funds receivecl unde�� this Contrac� to provide essential services, ho�neless preventioi�, or
maintenance and opec•ating costs, the activities must be ca��ried ouk until �il of the funds made zvailable under this
Cqzrtrac[ for such activities are expended or far the Coni�•act Teru�, whichever is shoi�ter. Subrecipient may use one oe
11701'C SItES Ot SiYUClUCCS t0 4t1[Yy OUI �I16 aClNEilOS bUl lt f11US� S81'VC it10 SaITlO �811Bf8I �OpUlaf10i1. �1C "same general
population" means the types af homeless persons originally seived with ihe funds or persons in ihe sa�ne geo�raphical
a�•ea, �
P. Subre�inient shall make known ihat use of d�e faci litias and services funded under 1}�is CUntract a��e available to all on
a nor�discriminatary basis. Subreeipient also must adopt and implement proceciures designed to malce available to
interes�led persons information c��tce�,�inb the exis�ence and loc,�finn of serviees �u�d faailities that are aec:essiblc to
persons with a dis�bility.
G. S�aUrecipient shall administer, in good faith, a policy desi�ned t� ensure that its homeless Facility is Fi�ee from the
ille�al use, possession, or distribution o('drugs or alcahoi.
T'age 13 of 22
1-I, l�or �try ESG �ctivities that wrould �•esult in tltc displacement oi' persons c�r businesses, Subrecipient must foUow
Uuiform Relocation Assisf�uice and Real P��operty Ac:quisition PoiiciesAct of 1970 (42 lJ.S,C. § 4201 - 4fi55) {[)RA)
uid its implementing regulations at49 C,F.R .I'ar124, Subp�rt.i3, and HUD T-landbook 1378.
1. Subrccipient shall, to the maxiinu►n exfent practia;aUle, involve, tlu'augh etnployment, voiunteer seivices, or
othervrise, homeless inciividuals and f'a�nilies in constructi��g, renovation, �naiutaining, anci operating facifities assisted
�aader this Contracl, in providin� services assisted uttder this Contract, and in �3roviding services for accupauts of
facilities �LSSisied uitcler this Contract.
,�. Subrecipiea�ts utilizing f;SG funds for renovation, repair, relit�bilitation, or conversion of buildings a�•e responsible far
eo�npli�nce with 24 C.F.R P�rt 135, refec►•cxI to �s "Seetion 3;' and shall include the el�uses listed iti §135,38 inall
subcontracts cove�rd by Section 3. t-Iomeless individuals have priority flver Section 3 residents.
K. lf Subrec;ipieut intends to pravide emecgency sheater for homeless persons iiY hotels or motels, or other commercia!
facifities provi�ling transie►►t aiousing, Subrecipie�lt tnust provide the Uepaitment with a certific�tion th�tt: (i) leases
negoliated between Sub��ecipient and providers ot's�ich housin� provide or will provide fhat the living spaee will be
rented at substantiaily less that the daily room rlte otheiwise cha��ged by the facility; and (2) the Subrecipient has
considered otl�er facilifies as emergency shelter, and has determined that use of the facilities p�•ovides the most
cost-e�ective m�ar►s cif prov iding emergency shelter in its service area.
1,. Subrecipierit shall devclop and implement procedu►•c;s to ensure the confidentiality of rect�rds pertaining to a��y
individual provided fvnily violexice pa•cva�rtion oe U•eatme�it services wider any project assistc;ci under this Contract,
and ihat the �ddr�ss or�loc�ltion of a�ry fatnily violei�ce sh.elier pinject �.ssisted will, excepf with written authoriz�tion
of fhe �se.r�n or persons ��esponsible for the operation of snch slaelte�•, f�ot be made publ ic,
N1.Subrecipient shall ensuce that any building for which ESG amounls a�•e used fo�• re��ovation, conversion, or tn�jor
rehabilitatiot� must meet loca( governmenfi safety and sanitation sta��dards �uid shelter and l�ousing sta�idards as
outlined in §576.403 ofthe �SG Regulatinns.
N. None of the funds provided under tlais Cottri'ac:t m�y be i�secl i�x c:onnection wiih any dwellin� unit ui�ltss the unit is
prntected by a hard-wired or �ait�►y-on��•atal smoke cictector installed in accotda�ux: wiQi National �ire }?rotection
Association St��nd��i 74,
SrCTIUN 38. NO WA1VI+:R
Any right or remedy given to Depaa'hnent by this Contract shall not preclude tlte existence of any ot�tet• a'ight ot' �'emedy;
neither shail any action taken in the exercise of any ri�l�t or t�eined� be deemed a waiver of at�y othei• right or z�etne:dy.
The fai lure of Deparhnent to exercise a��y right or remedy on any occasion shal{ not constitute a waiver of I)epu•tment's
i•ight to exercise that nr any othe�� right or remedy at a fiater time.
Sf�C'['IOiV 3). OTtAL ANU W.RITT�N AGRI:I;M�;N"1'S
A. Ali or�l and written �ree�nenfs between the parties to this Canh�act relati nb to the subject mAiter of this ConG•act have
be�n ceduced to writinb and are contained it� this Cuntract.
I�. 71�e attachments eniirner�ted a��d de�aoaninated below are a pa��t of �l�is Contrac# �ulci constitute profnised perforraances
under ihis Contract:
I. Exhibit A- Per.foxmance Document �
2. I:xhibit B - Bud�et
3. Exhibit C- Match Requirements Uocument
4. �xhibit U- Applicable Laws and Ttebutations
5. Exf�ibit Ii - C'ei�t.ification Ite�;ardin�; l.obhying for C.onn•acts, (Jrants, l,oaiis, ancE Cooperativc Agreements
SECi'IUN 40. Sx{�V�I2ABILITY
If'any section or provision ofkhis Contract is held to be invalid or unenforceable by a courtor an admi►iistrativetribunal
of competent jurisdiction, the remahider sllall remain valid ai�d bindiii�.
C'a�;e 14 of 22
srcTION 41. t.o��vKatry�t`
Subcecipient may copyright rnateeials developed ira the pe�•formance ofthis Coatract or with fiinds expendc�d under this
Contract. lle}�ai�tment and �:llJllsh�ll each have a royalty-�ree, noaxexclusive, and 'u�revocable rightta reproduce, publish,
or otherwise t�se, a�id to authorize others to use, the co}�yri�ht�d work for gnvernrne��t pur�oses.
S�CTION� 42. U�C OC� AY.,CUHULIC B�VI?RACCS
I�unds provided uitderthis Conti�ct �nay not be used for the paymcntof sal�ries io �E�y Sub�•ecipien�s ein}�loyees who use
alcoholic Uevea�ges while on Hciive duty, for U•avel expeases expended fi�r ala�holic bever�ges, or for the purchase of
alcoholic beveraaF;es.
�F.CTION 43. TAITN �3ASED AND 5�C'CARIAN ACTiVITY
Funds provided under this Contract may not be used fa• scctaeian or i��herently religious activities such as worship,
refi�ious i�istruction or p�•oselytization, and must be for the benefik of persons re�ardless of ��efigious �iTi[iafi�n.
SuUrecipient shall comply wiil� the regulations promul�ated at 24 C,F.R. §576.40t.
Sl:CT101V 44. FORCC MAJURI;
lf tl�e obli�ations u•e delayed by tlie followin�;, an eqaitable adjusUnen� wil[ be made %r delay or failure to perform
hereunder:
A. Any of Q�e f�llowing events; (i) catastropfiic weather conditions or othe�� extraordinary elemenis of nafure ar acts ol'
God; (ii) acts of war (docl�u�ed or nndeclared), (iii) acts of fen�orism, insun�ectio��, �•iots, civil disprdei�, rebellion or
sabotage; a��d (iv} qua��ntines, emb�uboes and other simil�r unusual actioos of fedei^��1, provincia[, IocAI o�• forei�u
Govermnental Autliorities; ar�d
I3. 'ilte uo�l-performing pa�ty is without fault in cai�singbr failing to prevent d�e oecw�•ence of sucf� even#, a�id such
occurrence could not have been circutnventecl by reasonable precnutio»s nnd could aaot laave been prevented oc
circurnvented througli ilie use of comnlercially re��sonable alternative sourcf:s, wa•karound plans or other anea��s.
S�CTION �5. TIM� 15 OI� 'TE[I: �SS�NC�.
'I'ime is oF d�e esscna: witfz respect to Sub�•ecipieni's co�npliancc: with all wvena�its, ageeenten�s, teE•ms �ard wndi6ons of
this Conn-act.
SGCTION 46. COUN`l'FRPARTS AND �'�'ACSIMIL� SIGNATURES
Tl�is Conlract may be executed in one or mo��e counterparis er�ch of which sllal( be deemed an original but all of wliich
togeUier shall canstitute one a�id the sa�ne i»strument. Signed signatu�e prges may be h•ansmitted by facsin�ile or ather
eleot�•onic ti�ansmission, and any such signatu�'e sliall have the s�une lc,�al effect �.s aii original.
SfC7'IUN 47. 1VYJ1Vl�I�R, G�NDF.R
lJnless tIie context raquires oti�erwise, the words of the �nasculine gende�• sha] 1 include tlie feminine, an.d singulat� woids
sl�all include i}�e pkirll.
Pa};e l5 of 22 ' � �.
S�CTION 48. NU'C'IC�
A. If aiotice is provid�cl conc:erning this Contraat, notiee may be given at the following (herein referred to as "Notice
Adclress"):
As to llepartment:
`I'EXAS I)F.sl'ARTMf'sN7' nT{ HUUSING AND COMMUNITY AFFAiRS
1'. O. Box 13941
Austiii,'1'exas 78711-3941
Attentiori: Michacl Ue Youti6
'1'eler�hone: (512)475-2125
I;ax: (512)475-3935
michael .deyoung (cr�t�hca,state.tx. us
As to Sub�•ecipie»t:
City of Denton
601 E. Nickory St�•eet, Suite B
llenton, TX 7G205
Attention: George Campbell, C;ity Mana�er
'i'elephane: (940) 349-7756 Fax: (940) 349-7753 }'sinaiL• georgc.campbell(r�i cityofdeaiton.co�n
t3. All notices or other communicationshereu►ider shall be deemed �iven when d�liverecl, mailed by overnightservice,
or five days a1�ec ntailing by ce�tifiecl or registereci mail, postage prepaid, ret�irn receipt requ�.sfcd, addressed to the
appropriatallotice Address �s deCned in the above Subsection A ofthis Sectian 48.
S�CTION 49. VrNU� ANp JURISDICTIU�V
'This Contract is clelivered �uid inteuded to bc pei•.fnrmed in the Siate of 7'exas. Foi• �urposes of lilibation pursu�nt io this
Contract, venue shal l lie in Travis County, Tex�s.
EXECU'1'ED ro be ef%ckiv� on Octuber Ol, 2012
City of �entou
a political subdivisio�� of the Siate of Texas
By:
Title:
Ds�te:
TEXAS DEPARTMLNT ON HOU�ING AND CniVIMUIV�T'� AF�'AIKS, a�ublic anii offici�l
a�ency of tYie State o�' Texas
}3y:
'T'itle: Ifs dufy authorized office�� or re�resentative
DaEe:
Page 1 G of 22 .'
'I'1!;XA� DI;PAI�LTNll:N I' UI{ I�C)USTNG ANI) COMMUNITY AFI+AIR�
CON"�'ItACTNO. �421Z0001530 ii()R'['HE
�Y 2012 EMCRGL;NCY SOI UTIONS GItAN'l'S (ESG) T'TtOG[tAlVa
C�nANU.14.231
E,Xf-11BIT' A
P�RrpTiMANCE I�OG'tsMLN'I'
City of 1)enton
� political subdivision of flie State of Texas
Perfor�nanae Statement
Oe#ober �l, 2012 - September 30, 2013
FTNANC.TAL �KP�NDITUItE RCQUIREMENTS:
To assurc the iimely and appropriate use of LSG funds, the DeparttneE�t has estaUlisliecl the followin�; expenditure benchma��ks. T'he
Depai�nent will review Subrecipient pe��formance ic� expei3ding progra�n fuf�ds on a qua��terly b�sis. Subra:ipient is udvised th�t failure
to expend fqnds in a timely f'a.5hion may affec;t ftrture funding opportunitie�s.
Subrecipients must follow the foilowing expenditure schedule:
ConCract i0% expendcd as provided in the Budget by the end ofthe frst quartei•-Uece�nber 31, 2012.
Contract 40% expended as provided .i�� tha .Budget by the end of the secotad quai�ter-March 31, 2013.
Conh�act 75% expeuded as pcovided in the Bud�et by tl�e end ofthe third quarler-June 30, 2013.
Cor�tract 100% exhended as providerl in dz� Bud�;et by the �nd of tf�e C:onti�ct 7'e��m (fourth quarfer)-Septeruher 30, 2013.
PROGRAMIVYA'I'IC PCRFORMANCF, I2EQUIRFM�;NTS:
T'o assure the timely a►id appropri�te use of .L'SG fuuds, the Departm�nt l�as includecl the followinb perfbrma��ce scf�edule as �art oftl�e
Contract. Subrecipient will est�Ulish tat�;ets for pt�ogram activities and will r�ori those Ya��gets to the T)epai�ne�it via tlae T'a�gets
Spreadsheet T�orcn supple.ment to i{�is Coniract whicl� will be emailed separaCely to the Subrecipient. Subrc�ipient will repo�t
perfoF�m��ce on a monihly basis to the Deparhnent ihrough ihe Community Affairs Cnnd•act System, a��d tfae Departfnent wil] review
Subre�ipient perfoi�n�ice in meeting pz�o�rar�� fargets on a c�ua�ierly b�.sis. Subrecipient is advised tl�at faifure to pcovide program
services in accardance witl� tl�e tt�rgets establisf�ed by th� Subrecipient may affect future futiding oppoiianities.
Subrecip[ent must %Ilow the following performance schedule: .
No less than 5% of all targets, �as est�blisl��d Uy the Subrecipient met by the end of the {irst quarter-December 31., 2U 12.
No less than 3S% of all tar.�ets, as established by the Sub.recipient met by the end at'tlie second c�ua��ter-Ma��ch 3l, 20I 3.
No fess than 75°fo of all ta►•�ets, as established by the Subrecipiei�t met by the end of tl�e tl�ird quarte►•-June 30, 2U13.
100%of all .targets, as establisheci by the Stibrecipient met by the end of the Cantract Te��m (fout�ll quarte�)-September 30, 2033.
I'age 17 oi' 22
7'I���CAS �)I<.1'AI2TMI;NT O�+ HOU�.TNG AND COMMCJTVITY AFT�All2S
CON"('RACTNO. �t2120p0153U f'Oli'I'HL
P'Y 2012 GMFRGF..NCY S�LU`CInNS GRANTS (NSG) �'ItOG1tAM
. CPDANO. 14.23 l
EXHIBI7' I3
T3UDG.I:`I'
City af ue�►ton
a politic�l subdivisiou of ihc �tafe uf Texas
llTPARTMENT T+�NAIYCIAI., OBLIGATlU1VS
B��d et Cate or Cate o Tohals
Strcet Outreacl� � 0.00
�encrgency Slielt.er � 262�$"12•�4
Essea�tia! Seiviees $ 137,594,00
Operatio.��s . $ 125,278.Ob
Homelessness Preve��tiou $ 9���62.Da
Housing Relocation and StaUi]ization Services-Financia! $ 5,0OO.OQ
Tenattt-based rental Assistance $ 92,962.00
Rapid Re-Housin� � 8y,OQ0A0
Housing Relocation and Stabilization Services-Fin�ncial $ 7,SOO.OU
ilousing �telncation and Stat�ilization Services-Sc:rvices $ 33,000.00
Tenant-based rental assistance $ 48,500.00
Homeless Mana�emeut Ynforn�ation Sysfem (HMIS) $ 11,016.U0
Admiuisfrative Costs � $ 11,290.15
TO �'AL � $ 4'12,140.15
Acfditional funds may be ablig�ted via Amendmeni(s), I'unds �nay oniy be obligated flnd expea�ded ducing the current Confraet Term.
Unexpe��ded futad U�lances will be recaptu►•ed.
F44TNOT�S T4 BUUGCT fnRAVAILA13t,k, AI.,LOCATIONS: .
Subreczpient must request in writing any adjustment needed to a Uudget category bef'ore 'TllHCA will m�lce any adjusi�nents to the
budgetcatc:gories. Unty those written request(s} fr•�m tl�e 5nbreci�ienYs received �t least C� days pi•i�r to the en�t o1'
tlxe Can#rack Term will be reviewed. TDHCA may decline ta revie�v writtet� requests receivul clur�ng the fiva160
days af the Contract Term.
Maximum foe administration based on 3.25% of tl�etotal allowable expenditures excludingtravel foetraining.
Sub�•eeipient may npply Aciministrati�n funds to pay for travel c:osts incurred to Attend fhe September 13-1�4, 2012 GSG T��ogi•am
Workshop held in Austin,'f exas.
Pa�e 1$ oi' 22
'.1'Y!;XAS llI:'.l'AR'�"Mi:N7' UF H.QUSING ANl) COMIVIUNITY AT+FAli2S
CON'TRAC`t'NO. 4212�Oi530 rQRTI��:
FX 2012 GMF;RGri�lCY SOI.,UTIONS GCZANTS (I�SG) PR4GRAM
CI4llANQ. 14.231
� F.XIilT3i'T' C
MA`I'CN R�QEJrREMf NTS UOCUMGN'I'
Cify of llenton ,
a politicat sobc�ivision of the St:ate of TexHs
Ty��e,�Soug•ce of Matcli)
Okher l�oti-�SG H.UD H'unds
Other Fedea��l Funds
Stafc Govca•ument
Y�ocat Governme�it
�'�•ivate Fr�nds
Other
Fees
P'�ogra►�n Income
MA'1'CH TO'�'A'l.,
T'age 19 of 22
Uollar VHh�e
� 0.00
$ i K,6."�S.UO
$ O.UO
$ 13,37$.00
$ 37�1,482.15
� 63,G25.00
$ 0.00
S 0.00
5� 472,.140.I5
F�G Subrec�pie�its must ir�atcli tt�eir awa��d lmount with aii equal or girater a�naunt oP resourc�.s fi�om other th�i [,SG funtls.
L'li il�le Sources uf Match: �
° any source includin � aay Fcderal source (except for �SG)
o any state, local, �uz�pa•ivate sottrces.
lf usiatg C`eder�i sou�•ces, the foliowin� ri�les a1�T�1�
o the laws gavecnin� any source ta Ue used as �natch tnust not prohibit tl�ose fimds fi•am Ueing used as match,
o if �SG funcis are to be z�sed as rrk�tch for anothcr i'aieral pro�ran�, tlien tliat Efro�ram rnay ►� ot be used a5 mateh for FSG.
Reca��!rtitiou of Matchiia� Contribrttions:
a Matct► funds nxust meet alJ the rcc�riireinents that apply to �SG funds (excapt expeuditure limits)
o Matching cor�tributio��s must be providect during the Contract Term
o Cash cont�•ibutions must be expend�.d witlzin tha expenditure deadlzaie d►�►•ing the Contract'Y'crn�
o Non-eflsh contributions must be naadc witl�in the expenditure dcadline (above)
o Contributions used to match a previous �SG gra�at rnay nat be usc:d ta match a subseque�it �;ranl
o Contributions used tia mfttch another federal grarit may not be used to match ESG
[�,li�ible 1'ypes of Matcl��ng Contribnti�ns:
1. Cash Coutributi�ns-C�sh expe3ided for allowable costs fts defined in UM�3 Circulars A-87 (2 C.T�.R. Parl 225) and A-122 {2
C.F.[t. Pa��f 230) ofthe Subreeipient. Source5 of c�tsh cont�•ibuiions may include private douations, or grants, fi�om foundations,
nonprofiis, or local, state a��d federal firods.
2. Non-(".asli contriUutions-Non-casl� contributions �u•e the value af any rcal prope�iy equipmc;nt, goods, o�• se►•vices contributect
to tlte 5ubrecipie�it's I:�SG prngra�n, providal tl�at lhey would be allow�ble if the Subrecipient had to pay for t[ie�n.
(',��sts paid by rro�raim income durin� the gr�u�t period Are to be considered as match providecl they ue eligible costs that supplement
the i�SG prngram.
1'age 20 of' 22
`I'1�XA� �)LI'�1[t�'M�1VT U�� HOU�I.NG A1VD COMiV1lJ1�1ITY ATI+AIl.2S
CON7°RAC�x�NO. 42i2U001530 rORr[Y-IE �
�'Y 2012 LMERGENGY SOT,�7'IONS Ci1tAN7'S (f:SG) PItOGRAM
C[�l�ANO. 14.231
EXHTDIT D
APPLICAI3Lr �,AWS AND RI'sGU1.A'1'�ONS
City of Dc��ton
a pulitical sabdivision of ti�e St�ic of Texas
Tl�ese applicable laws inc(ude Uut u•e �►ot licniled to I-lomcl�ss �mer�;ency AssisG�nceand Rnpid '1'ransitionto I�oEising Aci; as amendeci
(42 U.S.0 1 ]302 et, seq.)
24 C.F.R, P�rt 8S;
24 C:F..R. Part 91; •
24 (',.F�.R. Part 57C;
24 C.I'.R. C'art 582;
?.4 C.r.R. Pa�t 5 $3;
Applicable Of�cc oP Mflr�a�;emei�t and 13udget (OMB) Circutars;
10 Texas Adini��istrative Code, Chapte►• 5, Subch.apte��s A, and K
Pa�e 21 01' 22
'I'I;XAS 1)LPARTMI;NT Ol+' H()USING AN'� CUMM.ONITY A1+1+AIltS
CONTKAC"1'NO, a2120001530 I'UR'i'f�lE
rY 2012 EMI;RGEsNCY SOI.U`I'IONS GRAN'TS (GSG)1'ItOGkZ/1M
Ci�DAN0.14.231 �
F..XI IrC3IT L'
Cr12TIFICATION REGA�[tUING I,OIiY3YY1�IG TUR
CONT1tACTS, (YRANTS, LUAN�, AND CUOPERATI`V� AGR�1+�1VSl!:NTS
City of Denton
N politicnl subdivispon uf ilie State of Texas
'Ti�e undersigned certifies, to the Uest of its knowled�;e and belief, tliat:
1, No fede�•al Appropriatcd funds havc heen paid or will be paid, by or oii belt�lf of the undersign.eci, to a�ry person far inFlucncing
or aitempting to influence an officer a� employee �f an agency, a member of congcess, ui ofFicei• ar cmployee of congress, or
�n em��loyee of u member o f congress in connection with tiie aw�u•di»g o1'any tederal conU�act, th� makittg of aE�y federal grant,
tf�e makinb of any federal loan, the entering iuto of any cooperative a�;ceement, or moditication of any federal oontract, gran�,
loan, or coape�•ative agree�ner►t,
2. lf �u�y fuuds od�er Aian federa] Hppropriated funds have been paid or will Ue paid to any person frn' influencin� or atte�npting to
influe�ice an ot�icer or employee of a��y agency, a memf�er of congre�.s, an oflicer or employee oFcongress, or az� employee of a
ulember or conbress in connection with this fecleral contracl, g���u�t, loan, or cooperative pgreement, the undersi�;ned shall
complete ��d submit standa�'d fa�•m -IJaL, "Diselosure Form to Report I.obbyi ag", in accordance witli ifs i nshuctions.
3. Tl�e undersi�ned shall reqtiire thattiie langu�be of ttiis ceiiification be iacluded in the award docu�nenLs for all sub-awat�ds at aJl
tiers (i►lcluding subc:ontracts, sttb-p�'ants, and contracts �atder grants, loKns, and coope►'ative agreeme»ts) and that ��Il
sub-recipients shall ce�tify �ur►d disclose accordingly. � �
This ccrtiCcation is mate►•ial repr�sentation of fact ari wfuch reliance w�►s placed when this t�•ans�►ction was made or entereci into.
St�btnission of this ce��tification is a pi�erec�uisite for making or enierin� into tliis t�•ansaction im�osecl by Section 1352, Title 3!, U. S.
Cocle. Atry person wiio fails to file tf�e required certificatiotr sl�all 6e suUject to a civ il penalry af not less than $10,000 a��d not mot•e th�n
$10U,000 fo.r each such faiture.
City of lleE�ton
h political subdivision of the State of Texas
13y:
T'itle:
Date:
Pflge 22 of 22
2012-13 SERVICE AGREEMENT
EMERGENCY SOLUTIONS GRANT PROGRAM
BETWEEN THE CITY OF DENTON, TEXAS AND
GIVING HOPE, INC.
This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corpora-
tion, hereinafter referred to as "CITY", and Giving HOPE, Inc., a non-profit corporation, 117 W. Sycamore Street,
Denton, Texas 76201, hereinafter referred to as "ORGANIZATION";
WHEREAS, CITY has authorized the City Manager to accept the Texas Department of Housing and Community
Affairs Emergency Solutions Grant Program (ESGP) Award, under the Department of Housing and Urban Devel-
opment (I IUD) Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (I�ARTH Act),
enacted into law on May 20, 2009, and take all other actions necessary to administer a grant under the ESGP; and
WHEREAS, CITY has accepted funds from the Texas Department of Housing and Communiiy Affairs (TDHCA)
for the purpose of paying for specific contractual services by specific agencies named in the ESGP application;
and
VVHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure
of funds for assistance to homeless and potentially homeless families; and
VJIIEREAS, CITY has designated the Community Development Division as the division responsible for the ad-
ministration of this Agreement and all matters pertaining thereto; and
NOW, THEREFORE, the parties hereto muhially agree as follows:
1. SCOPE OF SERVICES
ORGANIZATION hereby accepts the responsibility for the performance of all services and activities described in
the Work Statement attached hereto as E�ibit A, in a satisfactory and efficient manner as determined by CITY, in
accordance with the terms herein. CITY will consider ORGAIVIZATION' S executive officer to be
ORGANIZAT`ION's representative responsible for the management of all contractual matters pertaining hereto,
unless written notification to the contrary is received from ORGANIZATION, and approved by CITY.
The CITY' S Community Development Administrator will be CITY's representative responsible for the admin-
istration of this Agreement .
2. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from CITY, ORGANIZATION agrees to the following terms and con-
ditions:
A. A sum not to exceed One Thousand Nine Hundred and Fifty-Eight Dollars ($101,958.00) may be paid
to ORGANIZATION by CITY on a reimbursement basis, subject to payment of money to the CITY by
TDHCA on a cost-reimbursement basis in accordance with the Contract for an Emergency Solutions Grant
Program between the CITY and TDHCA, hereinafter referred to as "TDHCA Contract". The only expendi-
tures reimbursed from these funds shall be those in accordance with the project budget, attached hereto as
E�ibit B and incorporated herein by reference, for those expenses listed in the scope of services as provid-
ed herein. ORGANIZATION shall not utilize these funds for any other purpose.
B. ORGANIZATION will establish, operate, and maintain an accounting system for this program that will
allow for a tracking of funds and a review of the financial status of the program. The system will be based
on generally accepted accounting principles as recognized by the American Institute of Certified Public Ac-
countants.
C. ORGAI�]IZATION will permit authorized officials of CITY to review its books at any time.
Page 1 of 16
D. ORGANIZATION will reduce to writing all of its rules, regulations, and policies and file a copy with City's
Community Development Division along with any amendments, additions, or revisions whenever adopted.
E. ORGANIZATION will not enter into any contracts that would encumber CITY funds for a period that
would extend beyond the term of this Agreement.
F. ORGANIZATION will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to the Community Development Division.
G. ORGANIZATION will appoint a representative who will be available to meet with CITY officials when
requested.
H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information
relating to clients subject to applicable federal and state law, rules, and regulations.
I. ORGANIZATION will indemnify and hold harmless CITY, its officers and employees, from any and all
claims and suits arising out of the activities of ORGANIZATION, its employees, and/or contractors.
J. ORGANIZATION will submit to CITY copies of year-end audited imancial statements.
K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those
procurement policies carried out by CITY. Equipment or services purchased by the ORGAI�IIZATION un-
der the TDHCA contract sha11 not be transferred, disposed of, or sold without written permission by the
CITY.
L. ORGANIZATION shall fully comply with all the requirements ofthe TDHCA Contract, including, without
limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re-
quirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as Ex-
hibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to do
the following:
1. Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA
2. a. Comply with the provisions of the ESGP as published in the Catalog of Federal Domestic Assis-
tance (CFDA) (hereinafter referred to as "ESGP Regulations") and all future amendments and re-
visions to the same are hereby incorporated into and made a part of this Agreement. The Sub-
recipient shall at a11 times comply with the ESGP Regulations, associated Executive Orders, stat-
utes, OMB Circulars, other related federal regulations, and all future revisions and amendments to
the same. The Sub-recipient shall become thoroughly familiar with a11 of the foregoing require-
ments as applicable and shall ensure that the ESGP Assisted Persons/Units comply in all respects
with the ESGP Regulations.
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regula-
tions issued pursuant to these acts. These provide, in part, that no persons in the United States
shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion
be excluded from participation in, or denied, any aid, care, service, or other benefits provided by
federal and/or state funding, or otherwise be subjected to discrimination.
c. Comply with the requirements of the Immigation Reform and Control Act of 1986 regarding em-
ployment verification and retention of verification forms for any individuals hired on or after No-
vember 6, 1986, who will perform any labor or services under any contract between
ORGANIZATION and CITY.
d. Comply with Health and Safety Code § 85.113 (relating to workplace and confidentiality guide-
lines regarding AIDS and HN).
Page 2 of 16
3. Comply with appropriate state licensing or certification requirements and with standards prescribed by
the Secretary of the United States Department of Housing and Urban Development.
4. Report any suspected case of abuse or neglect to the Texas Department of Family and Protective Ser-
vices (DFPS) or a local law enforcement agency office as required by Act of April 20,1995, 74�' Leg.,
Reg. Sess., ch. 20, § 1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam.
Code Ann. §261.101 et seq.).
5. Be subject to an audit by a Certified Public Accountant and provide a copy of the audit to CITY and
TDHCA. ORGANIZATION is expected to create and maintain adequate and auditable fiscal records,
such as annual financial statements, t� returns, and agency budgets may be required and shall be
made available to CITY or TDHCA upon request.
6. Use generally accepted accounting procedures as recognized by the American Institute of Certified
Public Accountants and follow TDHCA fmancial management policies and procedures in maintaining
fiscal records required to be kept under this Agreement.
7. Hold TDHCA and CITY harmless from and against a11 claims, demands, and causes of action, which
may be asserted by any third party in connection with the performance of contracted services.
8. Provide services in accordance with the 2009 TDHCA ESGP funding application and allow TDHCA
and CITY to monitor same. Some possible methods may include on-site visits, document review,
questionnaires, or interviews.
9. Participate fully in any evaluation study of this program authorized by TDHCA or CITY.
10. Not transfer or assign this Agreement without the prior written consent of TDHCA and CITY.
TDHCA and CITY shall not transfer or assign this Agreement without consent of ORGANIZATION.
Transfer or assi�nment without prior written consent of either party may result in termination of the
Agreement in accordance with the TDHCA Contract.
11. a. Submit billings for services, program reports, performance and financial status reports as required
by TDHCA to the CITY by dates required by Community Development.
b. Non-receipt of the required billing and statistical documentation by this date will be considered
failure to comply with the Agreement. Failure to comply is valid justification for immediate ter-
mination of this Agreement and/or nonpayment of the billings or any portion of the billings that
are not received within the specified time limit. The ORGANIZATION further agees to certify
the amount of local financial participation (match) directly supporting the service being purchased
with each request for payment submitted to TDHCA and City for reimbursement.
ORGANIZATION agrees to provide the amount of match for which it is responsible under this
agreement (see E�ibit B of TDHCA Contract "Match Funds").The ORGANIZATION agrees
that the information submitted is true and accurate. The ORGANIZATION further agrees to sup-
ply documentation to CITY for the purposes of verifying reported information if requested.
c. Submit performance reports monthly or as required by T.D.H.C.A. to the City no later than the
Sth day following the last day of each month in which the service is provided. Non-receipt of the
required performance reports will be considered failure to comply with the Agreement. Failure to
comply is valid justification for immediate termination of this Agreement. The Organization
agrees that the information submitted is true and accurate. The Organization further agees to
supply documentation to City for the purposes of verifying reported iriformation if requested.
12. Make available at reasonable times and for reasonable periods client records, books, and supporting
documents pertaining to services provided for inspecting, monitoring, auditing, or evaluating by
TDHCA and CITY personnel or their representatives, Notwithstanding anything in this Agreement to
the contrary, ORGANIZATION shall: A) Maintain fiscal records and supporting documentation for
all expendifi.tres of fi.tnds made under this Agreement m a manner that conforms to OMB Circular No.
A-87 or A-122 and this TDHCA Contract. ORGANIZATION shall comply with the retention and
Page 3 of 16
custodial requirements for records as set forth in OMB Circular No. A-110 or 24 C.F.R. Part 85; and
B) Give the CITY, HUD, the Comptroller General of the United States, the Auditor of the State of
Texas, and any TDHCA autharized representative, access to and the right to reproduce all records be-
longing to or in use by ORGANIZATION pertaining to this Ageement. Such access shall continue as
long as ORGANIZATION retains the records. ORGANIZATION shall maintain such records in an
accessible location.
13. Maintain and keep financial and supporting documents, statistical records, and other records pertinent
to the services for which a claim was submitted. The records and documents will be kept for a mini-
mum of five (5) years after the termination of the Agreement. If any litigation, claim, or audit involv-
ing these records begins before the three-year period expires, the ORGANIZATION will lseep the rec-
ords and documents for not less than five (5) years and until all litigation, claims, or audit findings are
resolved. The case is considered resolved when a final order is issued in litigation, or a written agree-
ment is entered into between TDHCA, CITY and ORGANIZATION. ORGAI�IIZATION will keep
records of nonexpendable property acquired under the Ageement for five (5) years after final disposi-
tion of the property.
14. Provide for an amount of funds equal to the atnount of funds provided by TDHCA through the CITY
under this agreement. ORGANZIATION's match must be provided during the gant period from
sources other than ESGP funds. Funds used to match a previous ESGP award may not be used to
match the award under this agreement.
15. Notify TDHCA and CITY unmediately of any significant change affecting the ORGAIVIZATION and
ORGATIIZATION' S identity, such as ownership or control, name change, governing board member-
ship, vendor identification number, and personnel changes affecting the contracted services. Changes
must be provided in writing to TDHCA and CITY within 10 working days after the changes are effec-
tive.
16. Refrain from entering into any subcontract for services without prior approval in writing by TDHCA
and CITY of the qualif'ications of the subcontractor to perfortn and meet the standards of this Agree-
ment. All subcontracts entered into by the ORGANIZATION will be subj ect to the requirements of
this Agreement. The ORGANIZATION agrees to be responsible to TDHCA and CITY for the per-
formance of any subcontractor.
17. Not use funding under this Agreement to influence the outcome of elections or the passage or defeat of
any legislative measures.
18. All notices given regarding this Agreement shall be sent to the following addresses
TDHCA Giving HOPE, Inc.
Plann.ing & Contracts Management ATTN: Executive Director
Post Office Box 13941 117 W. Sycamore Street
Austin, TX 78711-3941 Denton, Texas 76201
City Manager
City of Denton
215 E. McKinney St.
Denton, TX 76201
3. TIME OF PERFORMANCE
The services funded by CITY shall be undertalcen and completed by ORGAI�]IZATION within the following time
frame: October 1, 2012 through September 30, 2013, unless the contract is sooner ternunated under Section 8
"Suspension or Termination".
Page 4 of 16
4. PAYMENTS
A. Payments to ORGANIZATION. CITY shall pay to ORGAIVIZATION a maximum amount of money not
to exceed One Hundred and One Thousand Nine Hundred and Fifty-Eight Dollars ($101,958.00) for
services rendered under this Agreement, contingent on receipt of funds by CITY from TDHCA under the
TDHCA Contract. Payments will be based on a proj ection of monthly expenditures with reconciliation at
the end of the month. Documentation of expenditures must be submitted to the Community Development
Division by the 10th day following the last day of the month in which the service was provided.
ORGAlVIZATION' S failure to provide the information on a timely basis may j eopardize present or future
funding.
B. Costs shall be considered allowable only if incurred directly specifically in the performance ofand in com-
pliance with this Agreement and in conformance with the standards and provisions of E�►ibits A and B.
C. Approval of ORGANIZATION'S budget, E�iibit B, does not constitute prior written approval, even
though certain items may appear herein. CITY's prior written authorization is required in order for the fol-
lowing to be considered allowable costs:
1. Encumbrance or expenditure during any one month period which exceeds one-fourth (1/4) ofthe total
budget as specified in E�ibit B.
2. CITY shall not be obligated to any third parties, including any subcontractors of ORGANIZATION,
and CITY funds shall not be used to pay for any contract service extending beyond the expiration of
this Agreement.
Written requests for prior approval are ORGANIZATION' S responsibility and shall be made within suffi-
cient time to permit a thorough review by CITY. ORGAI�IZATION must obtain written approval by CITY
prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal
property. Any procurement or purchase, which may be approved under the terms of this Agreement, must
be conducted in its entirety in accordance with the provisions of this Agreement.
D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re-
quest, any sum of money which has been paid by CITY and which CITY at any time thereafter determines:
has resulted in overpayment to ORGANIZATION; or
2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
E. Disallowed Costs/ Reversion of Assets. Upon terniinated of this Agreement, should any expense or
change for which payment has been made be subsequently disallowed or disapproved as a result of any au-
diting or monitoring by CITY, the Department of Housing and Urban Development, Texas Department of
Housing and Community Affairs, or any other Federal or state agency, ORGANIZATION will refund such
amount to CITY within ten working days of a written notice to ORGANIZATION, which specifies the
amount disallowed. If CITY fmds that ORGANIZATION is unwilling and/or unable to comply with any of
the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Con-
tract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY
within ten working days of a written notice to ORGANIZATION to revert these financial assets. The re-
version of these financial assets shall be in addition to any other remedy available to CITY either at law or
in equity for breach of this Contract.
Refunds of disallowed costs may not be made from these or any funds received from or through CITY.
F. Deobligation of Funds. In the event that acival expenditure rates deviate from ORGANIZATION' S provi-
sion of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to
reappropriate or recapture any such under expended funds. In the event that actual expenditures deviate
from ORGAI�IIZATION' S provision of a corresponding level of performance, as specified in E�chibit A,
CITY hereby reserves the right to reappropriate or recapture any such under expended funds.
Page 5 of 16
G. Contract Close Out. ORGANIZATION shall submit the contract close out package to CITY, together
with a fmal expenditure report, for the time period covered by the last invoice requesting reimbursement of
funds under this Agreement, within fifteen (15) working days following the close of the contract period.
ORGATTIZATION shall utilize the form agreed upon by CITY and ORGAIVIZATION.
5. PROGRAM INCOME
A. For purposes of this Agreement, "program income" means earnings of ORGANIZATION realized from
activities resulting from this Agreement or from ORGANIZATION' S management of funding provided or
income from interest, usage or rental or lease fees, income produced from contract-supported services of in-
dividuals or employees or from the use or sale of equipment or facilities of ORGAIVIZATION provided as a
result of this Agreement, and payments from clients or third parties for services rendered by
ORGANIZATION under this Agreement.
B. ORGAIVIZATION shall maintain records of the receipt and disposition of program income in the same
manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY
and ORGANIZATION agree that any fees collected for services performed by ORGANIZATION shall be
spent only for service provision. These fees or other program income will be deducted from the regular
payment request.
C. ORGANIZATION shall include this Section in its entirety in all of its sub-contracts, which involve other
income-producing services or activities.
D. It is the ORGANIZATION' S responsibility to obtain from CITY a prior determination as to whether or not
income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program
income. ORGAI�IIZATION is responsible to CITY for the repayment of any and all amounts deternvned by
CITY to be program income, unless otherwise approved in writing by CITY.
6. EVALUATION
ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services can
be continuously monitored. ORGANIZATION agrees to make available its financial records for review by CITY
at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data and reports, or
copies thereof:
A. All external or internal audits. ORGANIZATION shall submit a copy of the annual independent audit to
CITY within ten (10) days of receipt. Audit will be conducted by a certified public accountant.
B. All external or internal evaluation reports.
C. Monthly performance and expenditure reports to be submitted to CITY by dates required by Community
Development.
D. ORGANIZATION agrees to submit monthly fmancial status reports to the CITY by dates required by
Community Development.
E. An explanation of any major changes in program services.
F. To comply with this section, ORGANIZATION agrees to maintain records that will provide accurate, cur-
rent, separate, and complete disclosure of the status of fiinds received and the services performed under this
Agreement. ORGAIVIZATION' S recard system sha11 contain sufficient documentation to provide in detail
full support and justification for each expenditure. ORGAIVIZATION agrees to retain all books, records,
documents, reports, and written accounting procedures pertaining to the services provided and expenditure
of funds under this Agreement for the period of time and under the conditions specified by the CITY.
G. Nothing in the above subsections shall be construed to relieve ORGANIZATION of responsibility for re-
taining accurate and current records, which clearly reflect the level and benefit of services, provided under
this Agreement.
Page 6 of 16
7. DIRECTORS' MEETINGS
During the term of this Agreement, ORGANIZATION shall deliver to CITY copies of all notices of ineetings of
its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely
manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed.
ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to ali meetings of
its Board of Directors.
Minutes of all meetings of ORGANIZATION' S governing body shall be available to CITY within ten (10) work-
ing days of approval.
8. SUSPENSION OR TERMINATION
A. The CITY may terminate this Agreement with cause if the ORGANIZATION violates any covenants,
agreements, or guarantees of this Agreement, the ORGANIZATION' S msolvency or filing of bankruptcy,
dissolution, or receivership, or the ORGAlVIZATION'S violation of any law or regulation to which it is
bound under the terms of this Agreement.
B. This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or
federal funds. If funds for the agreement become una�ailable during any budget period, and TDHCA is un-
able to obtain additional funds, then this ageement will be terminated or reduced. Termination under this
section shall not subject TDHCA to a penalty or other claims.
C. The CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated for
convenience by the CITY, ORGANIZATION will be paid an amount not to exceed the total amount of ac-
crued expenditures as of the effective date of termination. In no event will this compensation exceed an
amount, which bears the same ratio to the total compensation as the services actually performed bears to the
total services of ORGAI�TIZATION covered by the Agreement, less payments previously made.
In case of suspension, CITY shall advise ORGANIZATION, in writing, as to conditions precedent to the
resumption of funding and specify a reasonable date for compliance.
In case of termination, ORGANIZATION will remit to CITY any unexpended CITY funds. Acceptance of
these funds shall not constitute a waiver of any claim CITY may otherwise ha�e arising out of this Agree-
ment.
9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. ORGANIZATION will be in compliance with the Equal Employment and Afftrmative Action Federal pro-
visions.
B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
C. ORGANIZATION will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section
504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued
pursuant to these acts. These provide, in part, that no persons in the United States shall, on the grounds of
race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation
in, or denied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise
be subjected to discrimination.
D. Comply with the requirements of the unmigration Reform and Control Act of 1986 regaxding employrnent
verification and retention of verification forms far any individuals hired on or after November 6, 1986, who
will perform any labor or services under any contract between TDHCA and the Contractor.
E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines
regarding AIDS and HIV).
Page 7 of 16
F. Comply with appropriate state licensing or certification requirements and with standards prescribed by the
Secretary of the United States Department of Housing and Urban Development.
G. Report any suspected case of abuse or neglect to the Texas Department of Protective and Regulatory Ser-
vices (DPRS) or a local law enforcement agency office as required by Act ofApri120,1995, 74th Leg, Reg.
Sess., ch. 20, § l, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam. Code Ann.
'261,101 et seq).
H. Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any
current criminal indictment involving an offense against the person, an offense against the family, or an of-
fense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas
Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification and dis-
closure will be required of all who have direct contact clients.
L ORGANIZATION will furnish all information and reports requested by CITY, and will pernut access to its
books, records, and accounts for purposes of investigation to ascertain compliance with local, State and
Federal rules and regulations.
J. In the event of ORGANIZATION' S non-compliance with the non-discrimination requirements, the Agree-
ment may be canceled, terminated, or suspended in whole or in part, and ORGAIVIZATION may be barred
from further contracts with CITY.
10. WARRANTIES
ORGANIZATION represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and fiirnished to CITY, are
complete and accurate as of the date shown on the information, data, or report, and, since that date, have not
undergone any significant change without written notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and fiirnished to CITY, are complete,
accurate and fairly reflect the financial conditions of ORGA1vIZATION on the date shown on said report,
and the results of the operation for the period covered by the report, and that since said data, there has been
no material change, adverse or otherwise, in the financial condition of ORGANIZATION.
C. No litigation or legal proceedings are presently pending or threatened against ORGANIZATION.
D. None of the provisions herein contravenes or is in conflict with the authority under which
ORGAI�TIZATION is doing business or with the provisions of any e�sting indenture or agreement of
ORGANIZATION.
E. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has tak-
en all necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of ORGANIZATION are subj ect to any lien or encumbrance of any character, except for
current taxes not delinquent, except as shown in the fmancial statements furnished by ORGANIZATION to
CITY.
Each of these representations and warranties shall be continuing and shall be deemed to ha�e been repeated by the
submission of each request for payment.
11. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreeinent shall be by written amendment exe-
cuted by both parties, except when the terms of this Agreement expressly provide that another method shall
be used.
B. ORGANIZATION may not make transfers between or among approved line-items within budget categories
set forth in E�ibit B without prior written approval of the Community Development Admuustrator for the
CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and
Page 8 of 16
such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In
addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded
under this Agreement.
C. ORGANIZATION will submit revised budget and program information, whenever the level of funding for
ORGANIZATION or the program(s) described herein is altered according to the total levels contained in
any portion of E�ibit B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regula-
tions pursuant hereto may occur during the term of this Agreement. Any such modifications are to be au-
tomatically incorporated into this Agreement without written amendment hereto, and shall becoine a part of
the Agreement on the effective date specified by the law or regulation.
E. CITY may, from time to time during the term of the Ageement, request changes in E�ibit A which may
include an increase or decrease in the amount of ORGANIZATION' S compensation. Such changes shall
be incorporated in a written amendment hereto, as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in E�ibit B shall require
the prior written approval of CITY.
G. ORGANIZATION agrees to notify CITY of any proposed change in physical location for work performed
under this Agreement at least thirty (30) calendar days in advance of the change.
H. ORGANIZATION shall notify CITY of any changes in personnel or governing board composition.
I. It is expressly understood that neither the performance of E�ibit A for any program contracted hereunder
nor the transfer of funds between or among said programs will be permitted.
12. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with
ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold
CITY, its off'icers, agents and employees harmless from all liability of any nature or kind, including costs
and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any charao-
ter whatsoever resulting in whole or in part from the performance or omission of any employee, agent or
representative of ORGANIZATION.
B. ORGANIZATION agrees to provide the defense for, and to indemnify and hold hartnless CITY its agents,
employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attor-
ney fees, expenses, and liability arising out of the use of these contracted fitnds and progam administration
and implementation except to the extent caused by the willful act or omission of CITY, its agents or em-
ployees.
13. INSURANCE
A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in-
surance as would provide adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct-
ing these activities, shall be covered by premise liability insurance, commonly referred to as "Own-
er/Tenant" coverage with CITY named as an additional insured. Upon request of ORGANIZATION,
CITY may, at its sole discretion, approve alternate insurance coverage arrangements.
C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employers'
liability coverage where available and other appropriate liability coverage for program participants, if appli-
cable.
D. ORGANIZATION will maintain adequate and continuous liability insurance on all vehicles owned, leased,
or operated by ORGANIZATION. All employees of ORGANIZATION who are required to drive a vehicle
Page 9 of 16
in the normal scope and course of their employment must possess a valid Texas Driver's license and auto-
mobile liability insurance. Evidence of the employee's current possession of a valid license and insurance
must be maintained on a current basis in ORGArTIZATION'S files.
E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this
Agreement, and remain the sole responsibility of ORGANIZATION.
F. The policy or policies of insurance shall contain a clause which requires that CITY and ORGANIZATION
be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such
change or cancellation.
14. CONFLICT OF INTEREST
A. With respect to the use of ESGP fitnds to procure services, equipment, supplies or other property, states,
territories and units of general local government that receive ESGP funds shall comply with 24 CFR
85.36(b)(3), and non-profit subgrantees shall comply with 24 CFR 84.42.
B. ORGAI�]IZATION covenants that neither it nor any member of its governing body presently has any inter-
est, direct or indirect, which would conflict in any manner or degree with the performance of services re-
quired to be performed under this Agreement. ORGANIZATION further covenants that in the performance
of this Agreement, no person having such interest shall be employed or appointed as a member of its gov-
erning body.
C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or
employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance
of being motivated by desire for private gain for himself/herself, ar others; particularly those with which
he/she has family, business, or other ties.
D. No officer, member, or employee of CITY and no member of its governing body who exercises any func-
tion or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall
(1) participate in any decision relating to the Ageement which affects his personal interest or the interest in
any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any inter-
est, direct or indirect, in this Agreement or the proceeds thereof.
15. NEPOTISM
ORGANIZATION shall not employ in any paid capacity any person who is a member of the immediate family of
any person who is currently employed by ORGANIZATION, or is a member of ORGANIZATION' S governing
board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother,
sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister.
16. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement
shall be deemed to have been delivered, whether actually received or not, when deposited in the United States
mail, postage prepaid, registered or certified, return receipt requested, addressed to ORGANIZATION ar CIT'Y, as
the case may be, at the following addresses:
CITY ORGANIZATION
City of Denton, Texas Giving HOPE, Inc.
Attn: City Manager ATT'N: Executive Director
215 E. McKinney 117 W. Sycamore Street
Denton, TX 76201 Denton, Texas 76201
Either parly may change its mailing address by sending notice of change of address to the other at the above ad-
dress by certiiied mail, return receipt requested.
Page 10 of 16
17. MISCELLANEOUS
A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or
any claim arising thereunder to any pariy or parties, bank, trust company or other financial institution with-
out the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions
shall remain in full force and effect and continue to conform to the original intent of both parties hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CTTY to insist
in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in
any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be
committed by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which
rights, powers, privileges, or remedies are always speciiically preserved. No representative or agent of
CITY may waive the effect of this provision.
D. This Agreement, together with referenced e�ibits and attachments, constitutes the entire agreement be-
tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment
occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatso-
ever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpreta-
tion or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regula-
tions, CITY as the party ultimately responsible to I lUD for matters of compliance, will have the final au-
thority to render or to secure an interpretation.
F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any liti-
gation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County,
Texas.
� TNESS WI IEREOF, the parties do hereby affix their signatures and enter into this Agreement as of
the day of� %�j(�/y�,�� ef , 2012.
CITY OF DENTON, TEXAS
�
BY: -�
GEORGE C. CAMPBELL, ITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� /�. � � if /,� .%� � �./ /
,
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
Page 11 of 16
ATTEST:
\ �
BY: �� 1 ,
"BOARD SECRET Y
GN1NG OPE, INC.
BY: �'CGv �C��'J
E CUTIVE DIRECTOR
Page 12 of 16
EXHIBIT "A"
WORK STATEMENT
Emergency Solutions Grant Program and HMIS Activities
The primary outcome for ESG funds is to prevent and end homelessness. The ESG funds are to provide tempo-
rary financial assistance and housing relocation and stabilization services to individual and families who are
homeless or would be homeless but for this assistance. The housing activities to be undertaken with ESG funds are
consistent with federal and state ESG guidelines.
GIVING HOPE, INC. SERVICES
In order to complete the agreed upon activity ORGAI�]IZATION shall provide the following services:
• Provision of rent and utility assistance, and limited other fmancial aid, as determined by need for 1-6 months.
• Assistance with assessment of educational or vocational skills, budget slcills, job search skills, and counseling
or other social services.
• Organization will also monitor records of expenses incurred, receipts, proof of income, and attempts to move
toward stated goals.
• Organization will assist client families who are receiving Progam Assistance toward the goal of being able
after Short and/or Medium Term assistance to improve their situation enough to be able to afford permanent,
decent, safe housing.
• Organization will utilize the assistance of the local non-profit service coordination agency to maintain client
information in a centralized computer database.
• Organization will actively participate on the Denton County Homeless Coalition and will provide statistical
information to the D.C.H.C. upon request in a reasonable time frame.
GIVING HOPE, INC. GOALS/OUTCOMES
• Organization shall provide not less than five units of service concurrently to unduplicated client families for
a period of 1— 6 months. The total number of units of service required constitutes the performance target for
the ORGAIVIZATION under this Agreement. The ORGANIZATION will provide services to approximately
thirty-�ve to foriy (35-38) households in homeless or potentially homeless households during the term on
this Agreement.
• Sixty percent of the households will have the ability, after program assistance, to maintain permanent hous-
ing.
• Sixty percent of the households will increase their level of income before exiting the program.
• Fifty percent of the households will exhibit a budget plan and demonstrate the ability to perform budget
management skills that address family needs and wants, within 3 months.
• Sixty percent of household adults are employed and/or in school within six months.
• Fifty percent of households will receive community referral to assist with job training, interview skills, re-
sumes, entitlement benefits, etc, within six months.
DOCUIVIENTATION AND COORDINATION REOUIREMENTS
• Organization will utilize the assistance of the Denton County Homeless Management Information System to
maintain client information in a centralized computer database. Organization is required to report all of the
required basic aggregate data as determined by the Denton County Homeless Management Information Sys-
tem.
• Organization will document and maintain all client documentation required by the Texas Department of
Housing and Community Affairs (see attachment C).
• Organization will actively participate on the Denton County Homeless Coalition and work with local provid-
ers to move families through the Continuum of Care.
• Organization will refer to and coordinate processes with other human service agencies receiving Emergency
Solutions Grant Program Funds through the City of Denton.
• Discussions for the outcome measurements will be discussed at monthly meetings with the Case manager
Page 13 of 16
and client participant. Evaluation will occur after 1- 3 months of imancial assistance and at program end, if
medium term assistance is needed. The data will be used by the staff to continue developing program ser-
vices to better collaborate services, make referral and address client needs that prevent rapid movement to-
ward stability.
Page 14 of 16
EXHIBIT "B"
PROJECT BUDGET
Homelessness Prevention
Short/Medium Rental Assistance
Rapid Rehousing
Salaries $33,000.00
Short/Medium Rental Assistance $48,500.00
Financial Assistance — Security Deposit $6,000.00
Utility Assistance $1,500.00
Homelessness Mana�ement Information Svstem
Fee
Administrative Costs
Training Travel Expenses
Supplies
TOTAL BUDGET
$630.00
$100.00
PROJECT MATCH
Salaries
Other:
Donations
Volunteer
Other Federal Funds:
Emergency Food & Shelter Grant
Private Funds:
Office Rent
Salaries
Admin. Asst. paid with gen. funds
Prog. Mgr. paid with SHP grant
ESG Prog. Mgr. paid with gen. funds
TOTAL MATCH
$10,000.00
$7,875.00
$15,655.00
$6,000.00
$15,000.00
$6,800.00
Page 15 of 16
$11,928.00
$89,000.00
$300.00
$730.00
$101,958.00
$4,000.00
$15,655.00
$27,000.00
$27,800.00
$88,330.00
EXHIBIT C
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 42120001530
Contract Term: 10/1/2012-9/30/2013
Page 16 of 16
TEXAS T?L['AIt�IVXTN'C Ok I-IOiJ�1NCU At�ll COMMUIVITY A1�PAIIZ�
CONTI�ACTNQ. 421.�(Hlf���30 FORTI-iFs
FY 201� FMLCZG�:NCY SOLUTIUN5 GItAN'I� (�'sSG) PR(?GRAM
CC�DA1�lC7. 1�.231
SCCTi(�fV 1, PARTi�S'1'Q T�1� Cn.I�T12ACT
'I`his Erneigei�cy Solutio��s Cii•ants Contract No. 4212�(�0153U (13erein tihe °Contract") is 3nade by and betwee�i the
Texas Depai•tment af Housing a►�ci Coia�mutxity Affairs, a puUlic and a�icial agency af the Stata of Texas, (hereinaftec
the "Depa�•tmenY') a�id Ctfy of Denion, a t�olitical suUdi visian af ti�e State of Texas (l�ereinafte�• the "Subrecipie�lt'}.
�ECTiON 2. COIVTRACT'�'I;R,1V�
`('he period of pe�formance of this Cont�•act, unless ea��Iier te►7ninated, is nc%ber U1, �01�, th�-ough �epternher 30,
2013 (he:t�eiE�aftei• ttie "Conh•act Terrn").
�ECTION 3. SiJBIt�CIP.CTIVT PTC2TnRMANC�
Subrecipient sliall develop and impleme�rt an F;met�get�cy Solutions Gr�nts I'ro���a�n ("�SG") in �ccorc{al]c;e Wiffl t11e
terms �f tE�is Conri�act and the Exhibits attached to ihis Contract inco�'poraf�d herein for af] refevani pi�rposes.
Sub�•ocipientshall develop tuld i�npkemeiit tlie �SCi to assist ha�neless i�idividuais oe pe��soi�s at t�isk of hornelessnessto
c�tEickly z�egain st�biliiy i�l pei'manent hoasing atte�� expec�iencing � lioi�si�ig crisis and/or laomelessness. S�3brecipient sk�afl
i�t�piement ESG in acc�rdance with #he pravisions of fhe Homeiess Emergency Assisfa�ace and Rapid Transition to
}��o�ysing Act, as.a�ne�icied {42 USC I 13Q2 et. sec�.) {he��eina$er the ."Act"); the U.S. Uepat�meiit of Housing and Urba�i
Development (hei•eina#�ei• "HUD") regiilations codified in 24 C.F.R. �'a��ts S5, 9i, 576, 582 and 583, any applicablc
Ot'fice of Ma��agement �nd Budget (OMS) Cit•cula�•s; and Titfe 10 o#�tllc 7'exas l�d�niciist�•ative Code, as amended frcxn
time to time. Subrecipieiit sl��ll pe�•fo���ri a[l aciivities in accardai�ce with tlze ier�ns of' Perfo�tnance Documai�t
(hereinaftej• "F.,xhibit A"); tf�c �3udget (herei�iafter "Exhibit B"); if�e Match Ttegui►•etnents 17ocument (Izereuif�fter "�xhibit
f:"); #he Applicable t,aws and �t.e�;ulati�ns (hereinaRer °Exi�ibit I7"}; the Cetiifica#iara Fie�a��ding Lobbyii�g for ConU��cts,
Grants, Lo�u�s, and Cooperative Agreemenks (f�ereinaRer "Exhibit E"); flie �.ssur�7ces, certific:�tion�, and �ther statemenfs
�nad� by Subrec;ipient in iis &SG ��plic�ttion, ai3d with all ot�er terms of this Cont�•act. If tlie pe��sons to be��efit frorn the
activities desc�•ibed in Exhibit A t�•e not receiving a seivice or be�iefit, the Subreci��ient is liabie io repay the llepa��t�nent
any associafeci disaltovved costs.
A. Perfot•inance related to established ta�•gets will be reJ�oiied in the �SG monihEy performa�ice Repott and
accomplislunent in meeting tzu�gets will Ue considered in applicatioa fo�• future fundin� opporti►nities with tiie
llepai�hneiit
B. AII funds n�nsi be fully cxpended within ihe Contract Terin at a leval acce}�tab[e to fhe De��artiiient. The Departmeni
reserves the right tc� req uest a�z expe�xditu�'e plan if it appeal•s funds wilt not 6e �xpended within thc Contcact `E'erm.
S�CTION �!, llEPARTMENT FINANClA1, 0�3LItyATIONS
A. tn coEtsider�tion o�' Subrecipienl's fuil and satisfacto�y perfbt7nance of tt�is Cot�teact, Department siaall �•eRn�burse
Subrecipient for flie actual af[owable costs incuE�red by 5ubc•ecipient in the a�notaiit specific�l in the "Budget" Attached
hereto as �xhibii B ofthis Contrac,�t. -
B. Any cteeisio�i to obligate acfditiona] fimds or deobligafe funds stialt he made in w�•itin�; by Dep��tmeni in its sole
discretian based upon the st�tus a�funding unde►• grants t<> Dc:pa��tment and Subrecipie�it`s ovec�ll com�liance with the
terms af this Contract..
C. �ep�az�ftnent's obligations �mder tl�is ConU�act ac•e conEi�igent upon the dctual receipt of adequate L;SG fi�nds fi•om
HLiD. If sufficient iimds a�•e not availab[e to tnaice payments under ttris Cont�•act, Depaz-unent shalJ noiify
Subrecipient in w�•itin� within a reason�ble time after s«ch fact is detern�incd, Departme��t shall the�� ter�ninate ihis
Contract and wi II jiot be liabfe fof• tl�e f�iEure to rnake a�ry payme��t to Subreoipie�lt tttide�• this Coniract,
Pa�;e i of 22 . .
D, Sabrc�c:ipie��t shall s�efand to De)�art��ent 1ny s�nn of mot�ey wt�ich l�as beeji paid to Stibrccipient by I)eparttnent,
whicli Depa���a3ent deter�nines has ��esulted ii� t�at overpayment, a�• whicl� llepartrne«t determines {�as not been speEit
st�•ictly in accorcianec ��ith tk�e terms of'tiiis Cot�ti�act, Subrecipient sha{i make s«ch refund witl�i�� ftttee�i (fS) days
after the De}�a��tment's recluest.
��CTiON �. MF'�IinD OI� PAYM�NT/CASH �3A�,ANCES
A. Subrc:cipienls mzy request a one time wo�•kir�g capita[ adva�iee for tl�i�•iy (30) days eash needs or an Advance of
$5,OOQ, wlticheve�• is greater. In o��der to requesi a�a advance pay�nef�t, S��breci}�ienl must submit to Ikpattn�e�it a
p►-U�ei'ly c�mpleteci expenditure reportEhat i�icludes a reques�t for aclvaitee funds (f'rojec:ted laxpenses). '1'hereafter, t1�e
Subrecipie�it waA be reirnb�useci for tf�e a�nount of actu��l cash disburscments, K�•eici7buisernent U<�.sis.
B. Subrecipient shall estaE�lisl� pracedu�•es to uainimize tiae time e(a�sing betweei� the fr��sfei• of fitnds fi•o�n Department
to SuUreci pient and the disbursemei�t of sucl� fiands by St�brecipient.
C. Section 5(A} notwiths�kandiEZ�, Depa��nent reserves the right to use a ixYadified cost reimbu��seNnGnt methocl of
payment whereby reimbarsemei�t of costs ineurred by a Sub�•ecipierit is inade only aftet� the Depa►�tmeirt has ��eviewed
a��ci approved backup doeumentatio�� ��rovided by the Subi'eeipie��t to su�poi�t suah cc�s#s for all fi�nds if at any time (1)
Department de4ern�iizes that Stiibrecipiant has n}aintaineti cash batances in excess of need, {2) i�e�artinent iden#ifies
�u�y def cien�y in tlte casE� co��h�ols oc fin�nciai �nat�age�nent syste�n useci by Sub�•ecipient, or (3) SuUreciUieitt fai ls to
cainply witl� the repoi�ting f•�quire�t�ents of Section 12 oftiiisC�nh•aci.
ll. All funds �7�id to SuE�►•ecipient puisuaa�f to iiiis Conkr�iet are paid it� ttus�i foi• ttie exc]usive benefit of tlte eligible
recit�ientsnf'LSG sea�vicesand torthepay�nentofallowa6le expenditures.
L, Deparunent may offset or withhold dny �nounts otherwise owed to Subrecipienl under this Coz�tract against any
amoti�nt owec[ by Subeecipient to 1)e�ai�t�nen{ �•isiug under this Co�itract.
SI:CTIUN 6. CO�T PRTNCT�'LCS AND ADMiNISTTtATXV� ��QUIRGMGNTS
/1,. Gxee�>t as expressly mndified hy law or tt�e te�•ms �f fhis Cont��act, Subrec[pienf shal] cornply with the c�st princi��les
and unifortn administrati�e requix�ements set forth in the U��iform Grant Ma�iagenYent S�andards, 1� T.l1,C. §5,10 �;t
seq. �hereinafter "Uniform Gs•ant Man�e.ment Statzd�u'ds"), AH refe��ences therei« to "ioc��! governrnent° sh�ll be
construed to ntean 5ubrecipie3it,
B, Uniforin eost pri��ciples foa• govec+��nents are set fortla i�i Office ofManagement azid T3ucfget ("OMf3'� C;iecular �-87
as imple�ne�ited by 2 C.I'.iZ. Pa�t 225, U��iforrn admi�ustrative reyui��emcnts for goveenments aee se# forth in UMf3
Cireuiat� A-102. OMEi Ci�•cular A-]33 "fludifs of States, Lacal Governmetils, and Non-Proft Orgar►i•r.ations," sets
fot�th aud'rt standards fo�• goveminental organizations atid other organizations expe�iding l�edera( funds. The
expendit�ce thresliolct ra{uieing an audit under Cireular A-133 is $SOO,OOa of }�ederal funds or $500,000 of Sinte
fi�nds.
C. Notwit��stanclin� auy otl�er pt-ovision of f�iis Cont��act, Departmenf sliall only 6e liable to Su6recipient for eligibie
ws�s incui�i•ed or �erformances re��de��ed for activifies specified €n 24 C.C',TZ. �S7G ortheES(� ��egulatians.
D. Deparlfnent sl�all not be liable t� ��ibrecipiei�t foi• certai�i eosts, including bE�t not limited to costs which:
{S } l:l�ve been reimbursul Eo Su6reci�ient or are subject to reiinburserne��t to Subrecipie�it by any source ather than
�B��I'1111C31h,
{2j Are not allawable costs;
(3) Is incn�•reci ta involuntary separate a family;
(4) fbi' units of [ocal gaveri�mei�t, is incu��red to re��lace funds provided by the loc�tl gc�r�ernment for s#reet outreac��
�u�d einergency sltelter scrvices ducit�g tlte p►�eceding i2-ma��th pe.��ioci rvithout 1�E_tD exception;
(S) ls i�ieu��r�l to provicie cei�in Iegal services foa• immi�ration flnd citizeE�ship matters and issues rclating to
mort�;ages;
(C) Is inc{i��retf to prc>vide certain substance abuse treat�nent services;
(7) Js rnc►arreci to pay a�'�•ears for tempo.rary stora�;e fees;
Pa�a 2 of 22
� ' , � - � ' . 5..,' . . .
(8) Is incurred to pay ar modify a ciebt;
(9) Is incurred to acquirc �»•operty o�• to co��st��uet i�ew property;
(10) Is incurred for ti�e r•e11�bilitation of structu�•es to the exkent that those strt�ctures are used for inl�erently a•eli�;iaiis
activities;
(11)A�•e �xpeiTded on 3�eliabilitation activifies prior to fhe suUanission of � Request for Release of 3�unds a�zd prior to
ihe releASe offunds by HUD.
(I2)A��e nat stE�ictly i�i acca��dance witl� the tet•ms of this Contz•act, includin�; the Exltibits;
(( 3) Flave not been reported to i�eplrtment withrn sixty (60) days followi�ig termination of ti�is Contf�act; or
{!4}Ai�e not incurred ciuring the Cnntracf Te►•m; v��ith tt�e exception of f�•nvel costs to aitend t�ie Septem6e�� 13-k4,
2012 �;SG hUplementatio�� Worksh�i� in Austin,'I'exas.
SEC7'iQN'�. TI�RMINATIOIV AiYD �USI'EN�ION
A. Aursuant to §5.17 of 10 "TAC Chapter 5, Subcha{�#�• A, Depa�fi�nenk may feiminate ar stESperid tivs Gonlract, in whole
or in pa��t, at any time t�epa�•tment deteemines that there is cause toi• terinination. Cause i'ar� terrrun�iion includes, but
is xtai limitedto, Subrecipien�s failu�-e to conipty widz any term ofthis Cont��act or reasonable belaef that Subrecipiei�t
cannot or wil) not cannply wiih tt�e req��irements of this Contraet. If tl�e Departmettt det�ermii�es tiiat an Subc•ecipient
]tas faiied to comply wit1� the terms of die �onh•act, or to p��ovide services tliatmeet appropt�iate standards, go�ls, ur
odier requirements established by ihe Department, the Depol�tmeut wi11 notify Subrecipiet�t of fhe de#iciencies to be
cnrr•ected anci require the daficiencies be coreected }�rio��#o im�lemeriting suspension.
B. Nofhiiig ic� fhis Sectiori shall be cons�•ueci to limit Depa��t�nent's �uthoriiy to withliald ��yme�it and imnlediately
suspei�d this Con�aet if 1)epartr�ient identifies possible instaac�.s of frai�d, ab�ase, waste, fisc�l( miscnanagement, oa•
otk�er defieiencies in Subrecipient's perfo�•ntance. Sus�ension sha11 be a temporaiy measure peizcliatg eithec cc�rrective
action by Subrecipient or a decision by Depa��t�neE�ito tez�minate this Contc'aet.
C;. Department shap not be fiable for ai�y costs ii�cu�•3•ed by Subrecipient a�er tecminat.ian ofthis Cont.cact.
D. Notwithstanding any exercise by Uepa��tn�ent of its 2•igk2t of termination or suspensio��, S«br�;cipient shall not be
i•elievecl of any liability to Ueparhne�lt for tia�nages by virtue of arry breach of t}iis Contr•act by SuUrecipient,
SCCTIUN �. MATCH R�QUIR[+;MENT
A. Subrecipieiit shall provide �ui amount of fimds equal #o the amaut.�t of funds provided by I�ep�►�tment unde�� fltis
ContA�ack (hereiti "Subrecipicnt's Match"). Subrec�pienl`s Matcii must be peoviaeci during the Cvntrt�ct 'I'ei�ro fi•om
spurces inclttding any Federal sout�ce nther than tfie ESG pc•ogram, as wel! as state, lvcal, and p�'ivate sources. F��nds
used to match a p��evious ESG awa��d �n�1y notbe used to mateh the awxrd tnade underthis Conh�act. Subrecipient's
Match �nay inelude resources pA•ovic�ed by any subconfractor to wl�ich Subrecipie�rt prov.irles funds t�ncier ihis
Contract,
B. Amou;its may be countec� towards Subrecipient's Match only if such tinounts a��e costs or resou�•ces of a type
speci�ed in �x}3iUit C a�icj only if sucb amounts are coinputed in accoi�dance with tlus Sectian. In caicuif�tira�; the
a�nount of Subx�ecipient's Matc[i, Subt�ecipieat may include, but is l�at liinitcd to, caslt c�onation.�; fh� value of any
do►�ated matcrial or bui[ding; the valt►e of any lease on a building; a�ry s�lvy paidto Subrecipient's sfaff(or t}aHt ofits
subcor�tracto�•s) in c��rying otrt tlte activities required ��nder this Cotah•act; and ihe time anci s�rvices contributed by
volunteers to ca��ry out such activiiies. Se�vices pa•avided by volut►teers must be �alued at xates consister�t with �hase
ordi«��ily paid f.ot• similar work i�tthe Sub��ecipienl`s org�uiizatio�a or in tt�e same labor ma��ket. Subrecipient shail
determine the value of any donated material or bui(ding or any lease usin� any method reasonably calculafed to
eshab3ish a faiernarket vahie.
S1:C:7'�ON 9. ALLOWASLE FXP�Nn1TUR��
A.'The aElawability of Sub�•ecipient's costs inc��r��etl in Qle pee:(�ormance of tl�is Contract shall be determinecl in
accoz'dailce with tlie provisions of Seciion 6 and the regulations set forth ir� 10 'CAC §5.2UU2 and §5'�G.i00 tljrougl�
§576,109 oft}►� [iSG Re�ulatiaus, subje�t to the limitations and exceptions set forlh in this Section.
B. T1,SG fii��ds may useci for administ�•ative activities �s well as five probram components as set fort).i in 24 C.�.R.
§57fi.1O l#hro�i�h 29 C,F.fZ. §576.107 af the LSC� regulatians,
P��ge 3 of 22
C:. Administrative costs ineui•red by Subrec:ipicnt in pei•forini��g ti�is Contract �tre ic� be [�ascd oa� actual pcogi•a�nmt�tic
expe�ulite�res ��id s1�a11 6e allowed up ta fhe an�ount outtined in Cxhibit �3 nFthis Conteact. Funds may Ue used fa �ay
ii�direct costs i�� accord�nce wid� OMt3 Cit•cula�' A-87. F..li�ible �diniitish•ative cosis include:
(1} Genet�al management, ovez•si�;ht anci coot�dination;
(2} 'I'�•aining on ESG requirements; a�id
(3) �,nviron�nent�tl review.
SCCTION 10. TCRMINATINC AS51ST'ANCC
Pursuani to 24 C.F.12. §576.�402 of fE3e E�G ItegulatioNis, if a pra�ram pvticipa�it vioEates prc�grarn requirements, the
5��6recipient m�y terminate the assistance i�� accardance with a forrnal �rocess es�tablished by the Subz�ecipient tliAt
reco�t�izes tlle rights of indi'vidu�Is �ffectecl, 7'he Subrecipicnt must exercise jud�ment uid ex�mine a31 exten��ating
circumst�ces in detern�inii�g wi�e;n viola#iot3s warra�it terminatian so thal a�robi�atz� partici�anCs a�sistanec is te3�minated
only iut}�e most seveee cases.
A. 1'o terrninate renfal assist�nce or l�ousing retoeation and stabilization services to a program pai�icipant, the ��eqttii•ed
foi•mt�l p��ocess, at a �ninimunl, mnst c�nsist of
(1) W�•itteYa notice to the pro�rafn pacticipa��t co�ytaining a clear statcinent of the r�asons fo�- tertninat.ioa�;
(2) A, review of tl�e decision, in wl�ich the pragra�n p�u�ticipant is given tkie oppot�t�inity t:� {�rese�tt wrilten or oral
objectROns before a pe3•son odtei• tlian the pexson (oc a suboeYlina#e of'that person) who �nade or approved khe
termii�atioia decisian; a�id
{3) Protnpt w��itten notice aftlae �nal decisiozl to the �x•o�ram participant.
B. `�'erininatio�� ut�dar ti�is stx;tiori does not b�• the SuUrecipient fro�n peovidin� further assist��nce at 1 later date to tl�e
samc f�nily or individuai.
SPCTIUN 11. R�C012D Kr�P1NG �2CQUX�2.�.M�NTS
A, Subrecipi�,�tit shrtll comply with aq the record keeping reqnirenre�its set fortli in 24 C.F.12. �576.500 of ti�e FSG
Regulations and slfa[i maintain fiscal arid pro�;ramEnatic records �id s��ppoi�ti�i� eloctEmentatioit foi• alf expe�iditur�es
made under tltis Co��tr�tct .
T3. Wr'1ttG'i? PC�l1Cie,s and Proccclur•�s. Subrecipieiit must have wiitten policies and procedures to ensure Naat sufficient
��ecords �u•e established and mauitained to enable a deterini�iati on that ES(i requ irements are being inet.
C. Subreai�aie�it si�all, at a minimuin, Ia�aintait1 files containing the following iufbrinatio��:
(I) Hornelesx Status: Subrecipieant must maintain docamentation of the evidenee relied upon to establish and verify
I�omeless status for pro�ram partiaipants;
(2) �it Risk �f Homel�s�s•rre.ss .S'tadus and .�i�nual Incomc: For each inclividual and Fami1� who receive ESG
h�melessness preveniioa� assistanee, Subreeipient�s �hould maintain doetane�itatio« ot' the evidenee �•elieci u��on tc�
establish Anct verify the indiviclua] oz• family's "at risk of ho�nelessE�ess" s�.�tus as listed on 24 L:f�.R. �57G.500(c}
attct fhe pi•ogra�n p�u•ticipanf's i»cotne hs establis��ed o�l §5'76,500(e);
(3) 7?eternrinution,s of �Ineligrbility: '�or eaclz individual �n.�l fa�niJy dete�•miiied ineligible to recaive ESG �ssisi�nnc;e,
the Subrecipie�it m�ist documeni the reason fo�• fhat dete�91111t1flpil�
(4) �'ro��crnt Puy7rcrpunt Rscofr�s: Subrecipiei�x tnust dacument the se�•vices and �+ssista��ce }�rovideci to prc��ram
��rticipants and whe��e a.pplicable, compliar�ce witl� the termination of assistancc reqaire�nent ouflined in Sectio��
10 of this ca�ttrac�,
(5) C�niscrlrzu! vr coordinated a.is�;s.smcnt syste»rs a��d prnceclur�,s; Continuutns of Care (CoCs) are rec�ui��ed to
establisli a centralized oi• caordinated assessment system. Subt�ecipient is rec{uired ta pai�ticipate i�i the centralEZed
system. 5labrecipient must a��aintain evide�tce af i(ie use af, and written intake proceciures for, the centa�aliz�ec� or
coordii�ateti assessment systems{s} developed by the Con#inuum ofCara lf the Su6recipicnt's CoC does aotyet
[�av� a cenfc�di2ed o�� coordinaLed �sssE:ssment system or procedures, oz• if Su6reeipieni is a legal ar a victim
service pf�ovidet' cl�oosing nof to use the CoC ccith�alized or coorciinated assess�neqf system, Sub��ecipicnt must
have and consistendy apply written sianda�•ds for assessinent.
Page �� nf 2�
(G} 1Jrrnual Ifaevme.• For c�ich program p�u�ticipant wha �•cc;eives homelcss ��r�ventian assisf�u�ce, as� who recf:ivcs
rapid �•Uhousing assistance longer thu� �ne ye��, the fallowin� dacu��ientatioai �nast be maintained: 1) inco,ne
evaluatio�i fonn, 2) soucee docuine��is fi�r received iuconle a�td t�ssets, or 3) third pt�i�ty sta�:ineni far when sauree
ctocuEnenis a�•e unobtainable.
(7) Rer�tal Assistance agr•een�ents and ��aymenls: Copics of a11 leases a��d ��e�ital assisfauce agrecments,
documentatiou of paytnents made to owners, auc� supporfing docamentatioti including dates oi occu�ancy by
pco�ram participants;
(8) Utility Allorvrmce: Docu�nentation of the znonthly allc�wance fo�• utilities (excluding telepliane) used tc� cietermine
compliatzce witly d�e rent rest�•ietion;
(9) Sheltei� ancl Hvusirig Slas��lcmcT.c: Docutne��tation oi' coinplia��ce witlt ille sllelter anci 1i�using st�t►�d�u•cis in
�57b,4Q3 af the �SG Regtalations, incltiding inspection �•epo�ts;
( t p)T»tej•gency Shelter• Facililies: Subrecipient must maintnin reco�•ds of fiie emer�ency sl�elters assistecl, incluciin�
thc �rnount And iype of assistaizce provided to eaclt. As �pplicable, Sti�bj•eci}�ient inust docucnent the value of a
biiitditag befoj�e th� rehabilitatio�� of an existing eme�•gency shelker or after ilze conversion of a builciing inCa an
emergency sl�elier a��d co�aes ufth�e recorded deed or use E•estrictions;
(I I)�S�G'I'VlCC,Y UY1CZfISS1StQ1?G8 Pl�oviclea'.� Subeecipients shall u�aintai►i eecocds of the types of esse�ttial sc�v�ces, renta[
assistance, �rid housii��; s�abilization and ��e:lacation seivices provideci under the LSG and ttte atnounts spei�t on
tl�ese sa��viexs �ztd assista��ce;
( l2)Maintencrnce of ls„�jort: Siaba-ec:ipienfs that are units of tocal �ovcrt�meEtt shall mai�rtain records to de3nonslrate
compliance with the �nai3ttenanceof effioa�l require�t�ent, iticiudit�� records ok'the u�1it ofthE general purpose local
govecnment's annua! bud�;ets anc[ sources of fu«cizxag fc�a• street oEEtreach and emergency sheltcr scrvices;
(�3)Caor•dinati<�rr tivifh Co�llnuum(s) of�Care arld otller���r�c�hnzrn�s: Subi•eeipients mt��t document theij• co�n�liance
with tl3e requirements of §57C.400 of the ESCi Regulaiic�ns for consulting with the Cantinuum of C�u•e,
caordinafing and integrafin� kSG �.ssista��ce with p►�ograms f<ugeied toward homeless people anci system and
program eoordination with mainsire�un se�vice at�d assistat�ce programs;
(i4)HMIS: S�brecipient must keep records of the parkicipation in HMIS or a comparable databASe Uy a11 projects of
the Subz'ecipient;
(15}Matei�ing: Sub�•c:cipicnt must keep reeords of tlte source and use of c;onh�ibutions �nade to satisfy tlie mateh
rc:q uiremcilt;
{1b)Re ev�luaticm for homelessyiess a��d rapid �•�-hausin� assist�uice: Subru;ipient must �naiuttiin dacuiuetttatia�l of
a�� i��itiai avaluation io dete�•inine ihe eli�;ihi lity of each indiv idual ar fa�nily F.SG �ssist�tice and tl�a a��iount �►nd
types afassistance the individ«�2l or family ��eeds to regfiin stability into permanenthousiEig, Subrecipients must
tnaintain clocumentatian of re-evaluatian not less tl�a�i wice eveey tliree {3) �noutl�s of progra�n particip�u�ts'
ctigibility and tl�e types and amounts of assistance the progr�un p�•iicipant needs acccn•din�; to the re9uiremenis
ot�tlined in §57b.401(a); and
(i7).Meetulg witli c�,se �nana�;ei° Subrecipier�tmust inaintain documentation verifyingtl�at eacl� pragra�n participa�lt
►�eceiving liomelessF�ess preve�ation or rapid-rc-housing assistar�ce has met regularly wit1� a cese t��anager (except
wl�e��e prohibited by Violence Against Womeil AcC (VAWA} a�id the Fan�ily Violenct; I'reveE�tion aud Servic;es
l�ct (C'VPSA)) and d�at the assistance provider l�as develo�ui an iudividuaEized plan to {telp lhat pro�eam
}�articipnnt retain permanent housing after the ESG assistance encls.
17. Open Rccot�rl.s: Subreeipie►�t aeknowledges ti.�at ali i��for�nation colfected, assembled, o►• inaintained by SuUreci��ient
pet�iaining #o this Co�ltrac� is subject to the 'Texas Public Inform��tion Act, Chapter 552 of Texas Government Cade
and must provide citizens, public ageneies, �d other interested p�u�ties wikli reasonable �cces� to nli recorcfs
�ertaining to thisCoittract snbject #o and in accordance witl� the 1'exas Public Irifor�nation Act.
�. Ace�ss ta Recaf�c�s: Subrecipient shall give the HUD, the U.S. Gener•aI Accounting Of�'ice, the Tex�.s Comptrollec, tiia
State flu�iitor's �ffiee, a�id lle}�arhnent, or any of theic dtdy ata�l�orix_ed represeniatives, access io a�ici tl�e �•iglrt to
examine and copy, on or off'the premises of Subrecipient, ail records pc�iaini»g t� this Contract. Such rigi3t to access
sh�ll cantinue as loug as tl�e records a�•e retained by Sub►•ecipient.
I�. Period of'Xtecarti l�etentiort: Subrecipient agrees to znaii�tain Such ��t;cords in an accessibke locatioj� for ihe �;reater of
five (5) yt;�u•s a(let the expenditure of �l l futtds fi'om the gi�ant, or the pei•iod sp�ciC ed below:
( i) Wbete fu�i�is fr•ora this Conteaet fire useci for the renavatian of an eanergency shelter involves costs chu�gecE t� tlte
ESG grant that exceect seventy-five pei�cent (75%) of the val�ze of the builclinb befare renovation, t�ecords mast
be eetained until ten (10) ye�u's afte.r the date that ESC fu��cls a�•e Ti�'s�t obligated fo►• t3te renovation.
Pa�c; 5 of 22
- - :, . . .
(2) Where Funds fi�oin tiiis Contract a��e usc�l to convert a b�iidiii�; into aii erneigency sl�eLter zu�d t�ie eo�ts cha���ed io
the I�SG grant foe the conversiott exceed seveniy-[ive perce►lt ('�S%} of the value of the buildin� af�cr
conversion, �•ecoi•ds must be retair�ed uxitil ten (10} years after tiie date tl�at ESG fintds ace fiESt obligated for tl�e
convers[an,
G. Exceptions to the reca�d i�ete�itioi7 perEOds outlined �bove incl ude; (i) if natifiecl by the 1)epai�tment in writi��g, tlle date
ti�at the final audit is accepted with al] aucGt issues i•esoived.to tl�e Depa��tmeat's satisfaction; {ii} if any litigation
claiin, negoii�tion, i��spectian, or otlaer action has sta�•teci befoa�e t1�e expi�•ation ofthe reqaired retention period recards
must heretaineci until completio�i of il�e actinn a�td r�.sol��fion of �Il issues whicli arise �r�ldec• it; (iii) � datc cot�sistent
with at�y othec period rec�uired by fedei�ai or state law or i•eg�ilatian. Subrecipient a�rees to cooperate with any
exatnittation co��duetecl put'suant to tl�is Slibseetion. lJpon tei�tniti�tioai of tliis Cantract, all rzcords arc pco�erty of tlie
T)epart�nen�
F-I. Subrecipient shall rnolude the substa�ice of t.l�is SecCion I 1 in all subcon#racts.
SrCTION 32. RCI'�12TlNG REQUII2CMLN`TS
A. Sub�ecip�e�rt sllall subiaZit ta �epat•tmenl suctt reports oi� the pei•fnrtnaiice of tltis Confract as may be rec�uireci by
Department includu�g, buG n�t liinated to, �le 1'e�7oi�ts SpecifieCj It1 i.klks SCCfiOn.
F3. Subrecipient shaii electr•o��ic�ilfy submit to thc Deparhnec�� ►�o iatej� tlia�► the fifteenth (15th) day of each mo�ith
follawin� the �•epoa•ted ��m�ith in the Contrlcf Ter�tz a performance repot�t lisfa►� 3�equic•ed demographic inf'oranation,
th� numb�r of perswis assisted, and ihe ontcc�mes acl�i�;ved i�t the p��evious inonth, and an expenditure repo��t listing a1!
expenditu�•es af funds under fl�is Conti�act duR•ing the pravious month. Tiies�e repoi�ts a�•e due eve�i if 5ub��ecipie�it [�as
no new activity to report during fihe �no�rth,
C. SuUt•ecipienis mus�t repoai client-level data in tl�e Hoineless Management li�foA��rtation Systein (FiMiS) or a
comp�u•able databass. Provideas of services to victi�ns of dacnestic violenca are only require.d ta rapart aggregated
data.
I�. Subrecipient sliall submit a fiaai performance report and a final expencliture repo��t to tl�e Depachnei�t wid�ii� thi.rty
(30} df►ys after ihe end of the Contract "�'�r�n, '1'he failu�•e af Subrecipie�rt to provide fi fi�ll aacounting of �11 funds
expended unde�� t��is Go�iteact witt�in sixEy (60) ciay5 sha11 be sufficieut reason fo�• Depari�nent to deny oc• terinin�t�e
flriy tutuA•e contracts with SUhPCCI�]ICllt. �f C�]1S Cantract pt�ovides assistance foc renovatian, rel�aUili(atioit, or
co►�version, ixi addiiion fo the elect��or�ie fir�al repa�•t, Sub�•ecipient sliall suUn�it cover photogc��hs nf fhe finished
consii•uction work, and veri fication of passecl inspections in the foi�n of certificate «ccupa�icy.
F, Subcecipiefit shall submit to .DeNa��tment no late�• than sixty (60) days afteE• the terinination of this Contract a
c�imulative inventory report of all eyuip�x�ent h�ving atmit acquisition cost of $500 or moz�e, aCC]tliYed i1►w}101e Ol� i»
pa��t with funds received under this or pre�ious ESG cantracts. Upon the ter�rt[nafion of this Coiih•act, llepa��tn�t�tyt
may ir�azksfer title to any equipanent to tlie De�achne�it or ta any otl�er en#ity receiving �`SG1 funds fi•om the
Deparunent.
F. if Subrecipieclt f�ils to sul��nit wifhin foa�y-iive (45) days of its �iue date, ai�y report o►• t•es�o�isa z-equircd by this
Contract, includin�; ►•espo»ses to monitoring re�orts, i]epai•tment n�ay, in its sole disc�•etion, suspend payrnents, ��lace
Sub��ecipie��t o�i cost reimbursement metllod af paymenl, and initiatc p3•occedings to terminate the Contract. ff
Sab�•ecipient �•eceives ESG fi�nds iroin Depa��tntent over two o�• more Contract Terms, te��u�inatioti nrqceedings may
be initiateci on this Contract for Subrecipient's failuce to submit a re�ort, inctuding ai� audit ��por�, past due from a
prior cont��act,
G. Subt�ecipientshall p►-ovicle the Depv�ttrtent witli a Data (1�iiversai Nii�nbet•ing System {DlIN5) numbef• and a Centa'al
Co»tractor ltegistration (CCR} System ��umber. `I'f�e I�UNS nutnber must be �ravided in a document fi•om Duu and
�3�•adstreet a��d the current CCR numbe�• must be submitted frUm a docu�nent reh�iev�i fi•om the
https:l/www.sam.gov/portal/pub]idSAM/ website. '1liese documerits mast be pmvided to the Deparfrnent �a�ior to th�:
processin�, fii•st payment io Subt�ecipi�nt. Subreeipient shalE �naintai�� a current DUNS nurrther and CCIZ number for
th� enfire CoatractTernl.
Page 6 of' 22
�IsCTION t3. CHANGI,� A.ND AMI�NDMGNT�
A. Any ch��ge, atldition, or deletion to the te�•Ens of t11is Cocrtract roquired !�y a change in state or fede��al la�v or
regul�tion is automatically incor�orated hereicx �id is effective on the date designatecl by sucli ]�w or regulatians.
13, Excepl as specifically pravided otherwise in this Conh�act, any changes, aciditiatas, or deletions tn the te�ins of this
Cont��act shaiE �e in wt�iti�ig and execuCed by botli P�rties fo this Conicact. If any Pacty returits an ex.ect�ted co�y by
f�acsimi le cnachine or alecU�onic iransrnission, the signir�g p�u•ty intends the copy of its auth.oeized signaf�u�e pr�nfed by
the recei�ing �ttachine o►' Ihe electronic transmission, to Ue itsoc•i�inzl si�nitu�•e.
�, Writteri raquests for Cont� �et amendtnent �nust be rec;�ived by the k7e�li�tment by no late�• i}u�n sixty (60) ciays prio.r to
tlae e,ici of the Con�•act �'erin.
SECTIUN 19. PRUGRAM IIYCOME
A..Prngram incame incIudes any gross income received by ff�e Subrecipient directly generated by a gi•ant supported
aciivity, ot• e�trned onl y as a�•esuit of t[aa �rant agi•eement du��ing Aie gr�xt period,
T3. In ac�ounting fo�• pra�,n�a�n incoins, fhe SiEbrecipie�rt rnust accitrately re;fiect tE�e reccipt of suoh funds separate fi•om
tl�e eeceipt �f federal fu�icis a��ci Subrecipient funds,
C. Pragrtutt inco�ne ea�neci during the E'SG Cnnteact �f'erm s1�af1 coei��t towArd ir�eeti�ig tlie St�bi�ecipiei�t's inatching
rec�t�ire�nents during ilie Cont�°aet Term anci should be �•cpoi�ted as match, ��rovideci tlie easts are eligihie J;�4G eosls
tliatsuppletnenttE�c Sub�'ecipiEnt's �SG progr�un.
D. l�rogr�un vlcome received by tlte Subrecipiept dui�ing the two (2) years fb[lowing klie end af tha Cont��act Term m�as�t
be returned fo the Depa�•tment Program inco�ne must be retu�ned witl�in ten (10) working days of receipt by the
S ub�•ecipienY.
E. Progr�un incotne received by lhe Subrccipient after the twa (2) yea�� period describacl in subsection {d) of this sectioi�
has expired, c�n be retained by the Subrecipieni.
4TGTInN 15, TI,CHNTCAL� GUIDAi�IC�
Department Euay issue technicai �;uidance to expl�ai�� the rules and �rovicie directions on terms of this Contract.
SECTI4N 1 G. IhiULPf;.ND�N'�' SUI31t�CIPI�IVT
1� is a�reed that Depa��hnept is contractin� with Subrecipieitt as a�� independent cout���ctor. Subrecipient �rees to
inde�nnify Depa��hnei�i againsl an� clisallawed costs or othe�� claims which may be asserted by any tl�ird ��a��Ey i3�
connwtion with ihe se�vices to be pexfor.ined by Subrecipicnt under this L"onhact.
�ECTIUN t i. I�ROCUI2I+,IV��[rIT �TANDAI2DS
A. 5ubreciQient shall cmnply w'tth 24 C.F.R Pa��k 84, iliis Coritract, �uid a(! appli�zble fecteral, stafe, and local laws,
regulations, �id o��di��atzces foi• inakit�g procurements under tliis Co��tracf.
B. Wfl�;n tl�e Subi�ecipie��t no lottger needs ec�ui�ment purchased witlr �;SG �ranf funds, regardless of l�i�rcliase price, or
upon #he terminatiof7 of tlais Coni�•act, Department n�ay take possession ai�d transfe�� title to any such properly ar
equipinent to fhe �epnrtment or to a third party or �nay scek reimbtirseancizt fi�am Subrecipieait of t}�e curre�xt unit
p�•ice of the item of eqaipment, in Department's sole deterinination. Subrecip.ient must request permission fi•orn t�ie
Department ta tr•ansfer tit[e oe dis}�ose o£equipme��t purchased with �SG gr�nt fu�ids.
C. Subrecipients and tfieir co�itractors �nust coznply with Section 60d2 of il7e Sotid Waste Disposal Act whicl� requires
proauriz�� anly items desi�;nated in tlie Environmental Protecti�n AgeE�cy {I�PA) guidelines �liat contai�� il�e higliest
pe��centagc ofreco�ered �naterials, Su6rECi�ienis mustaiso:
(1) mai��tai�7 a satisfactory level of ecnnpetition if the pur•ol�ase prict; of the itein exceeds O 10,004, oc• t�e value of tt�e
qeiantity acquired in thc preceding fiscal yea�• exceedeci $1U,000,
(2) maximize e:nergy a��d i•esource reco�ery when procua'ing salid waste rnan�gement. services, �nd
(3) establish a�i r�ffi��tnative pracaremenc pra���ain for i•ecoverecl matei�ials.
T'a�e 7 of 22
SrC.T1UN. t$. SUI3CON'IRACTS
A. Subrccipient m�y iiot subco�ziract the �riva�,y performance of this Contract aiid only jnay enter into coiifraei�Eal
�reer�aea�ts �o�• consulting and ott�er professiot�al serviccs if Subcecipient has reeeived Depa�'t�nent's pz�ior writtef�
approvai. Sut�rec:ipieait n�ay subconh•act fo}• the clelivery of client lssistance wit��out obtainin�; De��artment's prior
approval. Any s��bconh�act for tFae delivery of clie�it assisfanc� wi 11 be suvject to monito�it�g by the Dep�riment as per
Sectiorz 26 of tt�i s coiit� act.
�, I,i no everrt siiall �iy �n•nvisior� af iliis'',x:ciiofi, specific�111y the ret��tire�ne�3t tliat Sttbrecipient obt�tin Depa��rnent's
prior vv�•iif�n approval of asubcontractor, be construed as eelieving Su'�reci�'rentof ti�erespansibility foe e��sarinb tl�at
tlie perform��ces rendeE�ed unde3• all subcontracts are reiidered so as to cnny�ly witt� all of the terms of this Gor�tract,
as if suc1� perfornnat�ces rendered w�re rendered by Sub��ccipicnt. Tkpa��tmeii�s ap�rovat undc�� tl�is Section cloes .not
constitute adoption, ratifcation, or aeceptance of Subrecipient's or suboont��actor's perFoa�mance }iere����c3er.
Deparlment roainf�tins the ri�ht to inonrtal� �nd �'equu•e 5labrecipient`s fuN con�pliai�ce wifli iiie terms of #h.is Contt�act.
Ue��artrnenYs apf�raval under tliis SeCfion does �lot waive any right of action which inay exis� or which rnay
subsequently accrue to Depat•tuient tmderthisContr�ct.
SECTION l9. �tVVIRb.N1VJ��ITA�, REVI�W
Flctivities are subjeCt to envirrnimental �•eview ui�der 24 C,i'.R Pa�•l 58, `t'!ie SubE•ecipiet�t shall supply to the Qep�•tme�tt
all avail�ble, �•elev�uit intbrrnatioxi necess�uy to pe�•fortn a�iy envir«nmental review rec��iired for each pa•operty as �•equicu3
by 24 C.F.Tt. Part S8.
'I'he SuUrc�cipient or its subcontractor may t�ot coznmit o�• expend any ESG functs u�itil an environtnental review that
meets the s�uid�u�ds oullitl�d in 24 C.�'.R. Part SS has been reviewed and approved in writin�? by ih� DcE�artinent.
S1,C`TIUiV 20. WTt1TTT.l� �TANbAItDS
Subrecipiei�t tnust cstablish and coF�sistently apply writte�t s�tandards wittiin its prog�•a�i�. Subrec�pier�f rnust provicie
`�f:ICA a co�y of tl�e written s�ndards p►•i or to contract execution. Ttequirecl topics for wriiten standu�cls as listed on 24
C.��.R §57G.400(e) irtclude:
A. I'a�iicipant eHgibility;
B. 'l'ar�etrn�; �nd p.roviding essenlial set-viees f�r Stree� Out�-eacl�;
C. P��licies �ove�•ni��g stays in �mergency Shciter;
i). Policies govei•��ing essent9af ser•vices related to Einergency Shelter;
1:,. Coo�•dination atnong providers;
�'. Partici�ant contE�il�utioi�s for �-IotnelessEiess Preventian and itapict Ite-Housing assistai�ce;
C. Du►�ation a��d arnount of z�ei�tal assistat�ce;
l-i.1'�•ioi•itiz�ng receipf of i-iomeiessness Prevention a►td Rap.ici Re-F-tousii�g assistance; an.d
I. Duration and a.mount vf housing stabilization and/or i•eloc�tion scrvices.
SFC7:'�ON Zl. AUDI'l'
A. Si�brecipient sE�all sub�nit to �eparh��ent, withi�� sixty {60) days afte�' ihe end of each fiscal year, an Audit
CertiiicatEOn Farin as speciiieci by [)eparhnent for eac)� fiscal ye�►� in which arry month of the Subrecipier�t's fiscal
yea�� averlaps a i�lonth of the Cont��act Term. Unle�s ot��erwise directed by T)epartmenY. Subrecipient shall �u•range for
the perfoz-manca of an annual fina�lcia) and compliance audit of fi�tzds reeeived anc; perf.orm�nces renclei•ed imcler ihis
Contract, subject tu the foltawir�g eondiiioi�s a��d limiiations:
{I) Sub�•ecipientsfiall l�ave An auditconducted in accordance witl� 24 G��.it, §85,2G, OMI3 Gircula�• A-133; and 31
U.S,C. 750I fc�r any of iis tiscal ye���s included within the Col�traet `l'erm in which Subi�ecipient has expenses of
ina�•e than $500,Q00 i�� staie fui�ds or �500,000 in fecica�al financial assis��ce provided by a federal agency in the
fonn of gr�nts, confr�tcts, loa��s, loan guarantees, prope►�.y, cooperative agreements, interest subsidies, icisur�tice
or dic•ect appropriations, but does ��at include direct fecleral cash assistance to individuats. Ttie tertn fede}�al
financial assistance includes awa��ds of' financial assistance received diE�ectly from federal ageE�cies, or indirectly
� iheougli other units of State �utd lac:a{ government.
J'r��e 8 c�f 22
(2) Si�Ureeipie�it znay atilize fiands �udgetec! �nicler lllis Conh•aet to pay for that �o�•liaiz of tlie cost of sueh a�Edif
seivices p�•operly allocable ta the activities funded by Departtnerat under this Coirtr�et. 7'he cc�st of aucliti���
servic:es for a Subrecipient ex�ending less tha�i $500,000 in total ��ecte�•a[ awu•ds per fisc�l year is not an
allowabie ohar�e unc�er Federal awa��ds.
(3) IJnfess otherwise specificaily a�ithori�ed by Deparknent in w►�itin�, 5ubrecipient sf�ali subinit t.wo (2) ca�ie�� af
tiie audit repoE� to the i�pa��lnteitt's Compliaiice arnd Assel Oversigllt Division �u�d o�ie (1) copy af ihe at�dik
report ta the DepartmenNs Commtaiuty Affairs Division witllin thirCy (30) d<<ys �fier cQrnpletion of the sudii, but
no latei• than nine {9j months �fter the e�id of each fiscal period inclucied witltin the peciod of this Contract.
Audits �3e�•farnneci ��nder f{�is section are subjeci ta review and xesolution of findi���s by the De��a��t�iient or ifs
autlzorizcd rep►•esentative. Subrecipierit sl�ali submit such audit reporl to the i'edecal c1ea�•inghouse desi�fiated by
� OMB ii3 accorda��ce with OMD Circuiar A 133.
(4) At the option of Subreci�ieni each audit ��squi��ed by this sectioa� fnay covcr Suf�recipient's enti�'e ox�erations or
each depa�-tment, a�;ency, or est�36lishnlel�t of Subrecipie��twkucli received, expended, at• otherwis�e ac3��xinistered
fedcral funds. �
�3. Subsection [l oftl7is Seciion 21 nocwiths�tanciing, Depar#ment rese�ves the i•i�ht to cond��ct an annual finaucial and
compli��ce audit of fiands received and perfo�•inances rendered undec this Conlract. St�brecipient a��•ees to permit
De�artrne��t, or ifs authocized represent�tiva, to audit SuUrecipient's cecords anct to obt��in any dac�aments, m�terials,
ar infoematioiz �rece�s�ry tc� facilitate such audit. Suc)� fi�iancial and ca�npli��ce auciits inay occuc afte2• t��e close of
#he Con1� �►ct 'ferm.
C. Subr�cipient underslands��id �grees that it sha{1 be liable to T)epa�•tment for a�ry casis disalloweci}�ursu�»tfo fi�iancill
and campliance audit(s) of funds i�eeeived under ihis Contract. Subrecipient further ttnderstands �u�d agrees tt}at
reEmb�n•s�nient to Depa��rneni of sucli disallowed Gasts shat� be paid by SuUrecipient fi•om fuiads whicli were �io#
p�•avideci or athecwisc made avail�tble to Subreeipient uncie�� fl�is Contract.
D. Suhj�ecipie�zt shal( take such avtinn to facilitate ihe pe��for�n�ice of such audEi or �tudits conducted parsuanC to this
sec;tion as Lk;p�u�tn}eut may;•equi�•c �f �brecipient,
E. All a��aroved �.SG audit reporls shalE be macie a�ailable for public inspectio�� witliin thi�ty (3a) days af��;r con�pletion
of ihe a�idit.
T'. 7'lle Subrecipient st�all include langiaage i�� a��y subconh-�ct t�at provides t1�e .Dep�u#ment tf�e ability to di��ecfly
review, monitor, aEid/oa• atidi� 1he opc�'atipnal �tnd f nancial perforz�ar�ce ar�d/or records of w�►�k �e��faz�med undec this
Co�itract.
G. t)epartmefrt resetves the t•ight to conduct additianat audits of fl7e funds received and pez•foemarnces renderec( u�icier tJiis
Cantract. Subrecipieut A�rees ta perinit Dep�u�tment or its autliorized representative to audit Sub��ecipie��t's i�ecards
a��d to c�btain any documents, I171�1'I�IS� OP i��for►nati os� necessary Co faoilit�te sucii audit.
S�,CTI()N 22. MAl�AG�Mi;NT U�+ �Q11�PM�NT AND [NV�:NT4RY
A. SEib.recipient. shal[ com�i�y with ()Ml3 Ci�•cular A-102, 24 C.F.It. §§85.32 - 85.34 ��ad 14 TAC 5.09, 5.10.
L3. Subrecipient may not use f�aiids prnvided under ti�is Coutract to purcl�ase pea;sonal prpperty, equipi��ent, gaocls, or
sc�vices with a unit acguisition cost (the net invoice u��it nrice of an item of equip�nent) ofmore d�an $500AU u��less
Subrecipient has rc.ceivec! tf�e prior wriiten approval of Tkpa�•t�ne�it fo�� such purchase.
C. iJpon tk�e termiriatior� or non-cenewa( of this Coniract, llepart��lent may iransfer title to t�ny suel� property ar
equip�nent having a useful life of o�ie year or more or a�� it �cquisitio�i cost {the net invoice i►nit price of an item of
equipmenf) of $500.00 or more ta i#self or to any other entity receiving �}e�a��tment fundir�.
SCCT��N 23. TRAVEL
Subrecipienk shaft adt�ere to OMB Circula�� A-$7 Hnci citEzer its �o�t•d-appro�ed travel poliqy, or ihe State o€Texas travel
policies. Sub�•ecipie��t's w��ittc;jl travel policy sl�all clelineate tt�e rates witicli Subt•acipient shall use iii computing 1i�e
irave! �uid per dienr cxpenses of its bo�u�d tne►rot�ers and empioyec;s,
Pa�e 9 c�f 22
S1�,CTiON 24. IN�[JRANC:� Al�n BOIYn1PFG Rl!,(,�CJ��2rM[:NTS
Sabrecipient siiaJ[ n�aint�in adequate persoi�al injuiy and property damnge liability insiirance ar�, if SUhPCCl�1�11C ]S cl Ull[t
nf local goveri�menf, shail niaintain sufficient �•eserves to protect against the l�az�u�ds �•ising out of or i�i coiZnection witE�
tlie perforrna�ice of tl�is Contract. SLEbrecipie�tt isencaura�;ed to obtain pollution occurreiice insuranceiu addition to tiie
general lial�ility insurance. Gcnerally, regular liaUility i��surance policies do �7oc provide coverage for potential eFfects of
ii�ai�y liealth and safety measures, ��ch �,s le�ct disturbAj�c.�s at�d other pollutiat� occurreiice itenis. Subz•ecipient sftould
review existin� policiesfo dete�•mine if lead containin�tion is covered.
lf Snbrecipient will enter into a coi�sh�uctiort cotriract witli a third-p�u•ty in the a�nount b25,000 of �;reater, Sttbtecipient
tnust ext;cute witli ihe cont��actor a p�yment bond in Qie fiiill a�nount of the cnntcacl. li the Subrecipi�nt wi[i ente►• into
(:O11�TAC1: Wlth fl pPi�ne cont�•acfor in excess of $100,000, a pek•for.inance bond in the fu11 a�nount of the cotrtr<�ct is also
requi�•ed. "Il�ese bonds jnust be executed by a eorpc�E�afe surely auihoria.ed io do b�isiness in Texas, a iist of which may be
obtained fi�o�n the State Insura�ice Department Such assura�ice.s of cornpletion will t�un Io thc Depa�•hnenl as ohli�ee arid
mnst be documented prioa• to the sta�•t of eonsti°uction.
S1;CTfQN �5. LITIGA7'IOI�I AND CLA[MS
Subz•t:cipie�itsl�all give Depa��t�ne��t immediate written i�otice of a�ly claim or actio�i filed w�th a cor�ct or adnlinistc•ative
agency ii��i117St SUhI'CCI�IC17t a�id ai•isin�; oui of fhe �7C1'i�OflriclilCE UF t�11S COtI�]'AC� rn• �u�y subcontract heeeu�tdei•.
Stabrecipient sh�ll fuenish lo Departmeni copies of all pertine�it papers receiveci t�y Subrecipient witl� a��tipect to such
acfian ox• clait��.
SGCTI()N ZG. TCCHNTCAI� A�SiSTA1VC� AND tYlUNITO121NG
Depa►�finent c�r its cEesignee may conduct periocl€c oat ar off-site rnonitorin� ai�d ev�luation of die efficiency, economy,
and efficacy of Subrecipienf's performatice of fia�s Conh�aci. Departa�nent will advise Subrecipient in wf•iti��g of �iy
deflcieneies noted dux•iug such monitoring, :Depa��tmet�t will provide technical assistance to Subrecipient and will require
or sugbest changes iu Subt�ecipient's progra�n i�npleinent�tior3 oz• iia Subrecipient�S aCCAlikltitl�, pe�sonnet, prpcurement,
and managetalent procedures in oi•dex• to correct any deficiencies noted. I7epa��anent may conduct follow-up visiis to
revietiv and ass�s the efforts Subrecipiei�t h�ts �nade to correet previousfy i�ateii deficisncies, llepartment ►nny place
Subruipienton a cost reimUursctnat�t me�l�od ofpaymetif, suspend orte��i�inate this Contt�act, or invoke ofiler re3nedics
in the evettt �xinnito��in�; ar otl�er reliable sot►i�ces reveal inatez�ial defciencies in Subrecipient's pe��form�►��cc or if
Subreoipient fails to co►-��ect a��y d�ficiency within thetime altc�weci by Federal or state iaw or ��e�;ulatian o�• by �l�e te��ms
of tki is Cont� acE,
SECTION 27. L�GAI. AUTHORITY
A, Subrecipieni assures aEtd gua��ar►tees that it �ossesses tlie le�,al autho�•ity t� enter into this Coijtracl, io reeeive and
ma��age the fu�icls authorized by t[�is Cat�t�•act, and t.o }�erfo��m the services Subrecipient has obligated itsel�to perfox��n
hereunde�•. `�]te execution, delivery, and perfor�n�lce vf this Co»ic�act will not viotate Sub�•ecipier►f's co��siitutive
docu►nents or at�y req�iireinei�t to wiiich Sc�brecipient is subject and a�epresentsthe lega{, valid, and bindi�ig agceement
of S�abrecipienf, enforceable in accorda�lce with i�s terrns.
B. The pecson signing ihis Cot�i�•act on behalf of Subrecipient hereby wa��'a��ts that heJshe has been duly authorized by
Subrccipien!`s �overning board to execute this Conft'act on behalf of 5ubrecipient a��d to validIy �id Iegalty bind
Stabreci�iei�ttothe terms, pt•ovisiansand perfartn�uiccs herein,
C. Depat�nenl silalf l�ave ihe ��iglit to terini�ate #his Cotrt��act if there is a dispute as to the [egal authoxity of eithei•
Subrecipient or the person signing this Cantract on behalf of Sul�recipient ta e►lter into tl3is Cont�•act or ta render
pe�•fa�•rr�ances heE�eunc�er, Stabreeipient is iiable to Departrnent for any inoney it llas t•ec;eived fi�om De�i�u•tment fo��
perfori3��uic.� ot`flze provisic���s of this Cor�tract, if tlie Dc�a�-tn�ent has teran�i�at�ci this Contcact £or rettsoiis enume�•ated
ii� this Section 27.
SrCTIUN 28. C(IMPt,�ANCE WXT.i�I LAWg
A. f?EpERAL,, S'1,_A1'F; ANll LOCAI. _LAW, Subrecipient shail comply witl� the McKinney-VeE�to IJoi�telessness
,4ssist���ce �1ct, the federal rules �c�d regulatioiis promul�atecl unde�• 24 C.F,it. Pai�.s 58, 85, 91, 576, 582 and 583,
Tit1e 10 of tlie 7'exas Adminish•ative Code, ancl all federal, state, and ]oca{ laws and regulations appticable tao tl�e
per#'orm�nce o f iltis Contract.
i'age 10 of 22
B, D1ZUG�NiZEE WQI2KPLACI; AC7' UP 1.9�?3, 1'he Subcecipient �ffFrms t�y signiiag tlzis cx�f�traet that it is
impleme�itiE�g iheDek�g-I'ree Workp}ace Act of 1988 (41 OSC 70� ,elseq.).
C. LIM[TED T�IVGL,IS�i PROT'1CI�NCY �LEP . Subrecipients m��st provide program �pplic�tions, fo�•rns, itllCl
u(t�catioual materials in English, Sp��ish, a�ul any appropriate langu�ge, b�sed an the needs of tl�e servicc a�•ca and iu
c;ompliaiice with tlie requirements in Executive Order 13166 of August J 1, 20UQ ceprinted �t GS F.R 50121, Au�ust
16, 2000 in�proving Accessto Services with I,iitiited Lnglish Proficiericy (1.FP) at 67 P,Lt. Ai45S. To ensuce
com��lia�ice, t1�e Subrecipie�rt must t��fce t�et�sonable steps to ir�sure ihat persons �vith l,imiteci I;nglislt Proficiency have
incaningful ac:c;ess to the pr���•am. Meaizin�f'ul aa:cess may e��tai) providt; language assist�1nce services, iucluding orat
��d writte►� i��anslation, �here neces.4ary.
T�. �1CCESS. 5ubeecipient must meet ihe accessibiJity st�uld�►rcts uncier Sectio�� 504 of tlie Rehabilitation Ac�t of 1973 (5
U.S.C. 794) a��d its implemenii►�g ►•e�;uJAtions at 24 C.F.�t Aarl 8, Tlie Fai�• Ilousin� Act (42 ll.S.C, 3601 et seq.) and
Titles 11 ancl III oftheAmerica��s with Disahilities 11ct (42 U.S.C. §§ 12131-12159; 47 U.S.C. 355, 201, 218 a�td 255).
Sul�recipienls shali aperata eacli program or activity receivi��g fiSG f itancial assisfance so tl�at llie progra�n or
activity, when viewed in its enti►•ety, is readily aecessiUle and usabie by i�idividuals with disabilities. Subeecipients
at�e aiso rec�uii�ed to provide reasonable acco�mm�dafions for �e��sons witt� disabi3ities.
�'. LEAD: L.ead-Uased paintre�nec�iation and disclostu•eapplies ia all f:SG-lui�ded shelters aitd al[ liousin� accupiect 6y
ESG pu•ticip��ts. `X7�e Lead-i3asui T'�int Yaisotiing Freventic�n Act (42 U.S.t;. �t821-�846}, fhe Itesidc��L'[al
L.c;ad-i3ased Paint 1-laz�u•d Reductinn Act of iy92 (42 U.S.0 485i-485b}, and tiie re{evant subpru-Gs of the
impletnentinb re�ulatioi�s at 24 C.I�.It. .PacE 35, Subpaits A, B, }�, J,1C, M a�ul R��p�ly to activities �ander this gr�inl
prograrn. The Subrecipient znustalso camply with the Lead, Itettovation, Repair, and Painting Pr�gra�n r'inal Rule, 40
C.P.R. Pati745, where applicable.
Si:CTTQN 2<). YfiEVENTION OF W�STE, FRAUD, AND AT3US�
A. Subrecipienf shalt establislt, maintain, and utilize systen�s a�zd procedures ta prevent, detect, ancE co�'rect waste, fi�aud,
and abuse in �etivities f�andeci �jude�� this Cont�•act, Tl�e systeins and prooeclures sh�11 address possible waste, fr�ucl,
�ld ahuse by St�brecip[ent; its �n3ployees, ciients, vendors, subco�rtr•�ctc�rs and rtdministe�•ing �geaicies. Sub�•ec;ipient's
intu•nal conb�aJs systeins and al! transactions and otlier si�;nifca��t events are to l�e cle�lrly documented, n��d the
docu�nent�tioii i s to be reacli ly avai fabl e for tr, ouitorin� by Dep��t�nent,
B. 5ubrecipient sh�ll give Dep�ut�nent coinplele access t� all of its reco��c{s, e�npfoyees, v1d age��ts for tl�e pua•pose of
inonito�ing o�' investigating tlie �SG progr�n. Sub��ecipient sl�all irnincdif�tely notify Department of ��iy discovery of
waste, fraud, or abuse. SuUrecipient shall fully cooperate with Depaclment's e#�or� to cletect, i��vestigate, amd preven#
waste, fi�ac�d, and abuse.
C. Suhrecipient may not discriminate against aay employee or athe�• pecson who repo�ts a vialation af the terms of Chis
Contract, or of any law or z'e�;ult�tion, to Depa�•lment or to any a��propriate law enforceule«t autha��ity, iFthe i•epartis
n�ade in good fai��.
STCTIUN �0, CLRTIFTCATTON R�:CAR�)IN� UNDOCUM�NTTD WORECY!.RS
I'ut�suani to Ch�pte�� 2264 o�'ihe Texas Gove��nment Code, by exc�uiion of this Contz�act, Subrecipient hereby certifies
tltat 5ubrecipient, or a branch, division, or depai•tment of Subrecipient does ��ot and will nat k�iowingly empiny �t
undocu�nenteci worker, where "undocumented worker" me��ns an individual who, At d�e time of employmel►t, is not
lawfal{y admiEteti for pe��rnanent residence to tEie United States or autlzori�d under iaw ta be employed in fhat rnanne�• in
the Unifed Sfates. lf, aftei• receiving a public subsidy, S�ibi•eeipieni o�� a branch, division, or depa�•tment of Subrecipient
is co��victed of a vioiatio�i under 8 U,S.C. Section 1324a (�, Subrecipient shall repay the }��a61ic subsidy �vith interest; at
the r�te of five percent (5°l0} per an�xum, not late�• than tlte 120th day aRer the d�te the De�artment notifies Subrecipient
af thevialAtio��.
l'a�;e 11 c�f 22
SEC'I'IE)N 31. COIVrLIC"Y' OI� IIVTCRGS7'/[VEPOT1gM
A. Subrec�pient shall maint�it� weicten st���iclards of condi�ct govez�nin� the performance of its exnployees ei����ed in the
award a�id adu�inistratio�l of eantracts. I{aiiut•e to lnaintain writtei� stancial•cls of coizciuct and to follow a�ld enfoi�cetf�e
wt•itten siandards is a conditian of default u�ider this Contract and may result in te�•minatian of fhe Conh•act or
deobiig�tion of funds,
E3. No amployee, officer, oi� agent of SuUrecipientshail partieipate iti the selection, �iward, or aclmiilisirAfioat af a contract
supporteci by fede��a) fut�ds if a ceal or app�u•eiti c:o�i{lict of interest would be invo]ved. Such a confliet wottltl arise
when ihe employ�.�e, of�icer, or agent, any memb�r of f�is or her ina�neciiaie f�r�ily, i�is or hec pa��tt�er, or stn
organi7xition which employs or is abouf to empfny a�xy oftiie �ar[ies indicated her��in,l7as a#`inuacial or othe�� inierest
in tfie firrn selectui for an �ward, T'l�is also applies to thc ��rocurement of goods a��d servic�es unde�� 24 C,��,R Pa�•t
85,36,
C, The officees, employees, ��d a�;ents of the SuBrecipiei�t shall neidler� so{icii nor accepi grafuities, favors, or arsything
of motiet��y vafue fi•om contr•ac#o;�s, or paeties to sub�reeme«ts, Sub��ecipiearts rnay set sf�ncia��ds for situations in
which tite ('►nancial interest is not substantinl or t}�e gift is an unsolicited item o�' no�nina[ value. 1'fie stand�•ds of
co►tduet sliall pravide for disciplirla�y actians to be applied for viotations of s�ich st��ldards by officers, employees, or
ageni5 ofthe Subrc.�cipiet�t. '
D. Sul�recipierrts wlxo are local goveEn►nenial entities shall, in addition t� tlie rec{uirements af tttis Section, follow the
ruauireinents of Ch�nter 1'�1 of tha Local Goverrnnent Cnde rebarciin�; conflicfs of interest uf' of'ficers of
municipaEilies, counties, and certai�t otl�er local g�vernineii�.5.
E. The provisio�� of' any type or a�naunt oF ESG a�.5istanee may not be eonditioned on iU1 1[1C�1V1(�ilAYs oe family's
acceptance or oc;cupanc�� of emei�geucy shelter or housing owned by the reci�ient, iiie Subrecipient, o�• a pa��eni a�
subsidiary ofthe SuUrecipient.
F. No Subrecipient may, with j�espect to individ��als or families occupyiza� housing owned hy the Subcecipient, oj• �ury
parent or subsidiary of the Sub}•ecipie.nt, carry out tlle initial evaluatioia a�ec�uirecl urider �576.401 of the LSG
Re�ulations or administer hoine[esssiesspceve:ntion assist�nce naidcr §576,103 ofthe FSG R�gulations.
4GC'CIaN 32. PULl7'ICAi. ACTIVITY 1'EtOH1�31TLD
A. N�ne of the funds provided ut�d�r this C,ontrACt shall be used for iniiuenoinb die outcome of any electio�i, or the
passa�e or defeai of any legislative measure. 'I'his prahibitioi� shali not be construed to prevent a�ay otticial o►�
employee of Sub��ecipient fi�om furnisf�ing to any .meKnber of its �;overniiag body upan re�quest, or to any other local or
state ofiicial oz• eznployec ot• to 1ny citi7�en information in the hands of the employee or officia! �iot considered tEncler
lawtc� 6e confidential i�ifot��nation. Any action takcn agains� ��a employee or �f#icial for supplying such infarmation
sl�atl subject the persoit initiaHn� the actioii to iimnediata dismissal from etnpIoyment.
B. No funds provided ultder this Contr�ef may be used di�•ectly or ii�c�irectly t� hii�e empioyees or in any other way fund
or su�port candiclates foi• ihe legisl�tive, executive, or judicial branclxes of gove�nment of Subreei�ie�rt, the Sfate of
1'exas, or the govealunent o:Fthe tJnited States.
BGCTJ()N 33. tVON-DiSC1tIIV,iil�[ATIUN AND �QiJA� Oi'PO��TUNlTY
A, A person slxal( �tot be exCludeci fi'otn pa�ticipatio�i itZ, be de�iied the henefits of, be subjected ia disc��iminatio�� uncfe3�,
a�• be denied empl oy�nent in the adtni nist��afion of of• in connection wifh any pro�ram or activity fu�tcied in Whole o€' in
pa��t with funcis made av�ifable under this Contract, at� the geaunds af race, cotpr, reIigiqn, sex, national origin, age,
disability, pofiticai affiliation or belief
B. Subre�ipient ag��ees #o carry oui an Equal Employment Op�oitu��ity I'ro�ram in keepi�ig wi�h tl�e principles as
providuf in i'resident's I;xeeutive Order I 1246 of Septembe►� 24, 1965.
C. Subrecipient wil] i»clude the substance of Section 33 in all subconfracts.
Page 12 af 22
��GTiQN 3�1. C.rR'['IF�C.'ATIUN RI;GAFIDING Ci�;RTAIN DI�ASTIIR Ii�I,IEF COIV'C'RACT�
'i'!te I�epa��t�ncnt inay not aw�ird a Co��f.ractthat includ�s proposeci firaa�zcial pa��ticipation b� �i pe�svn wiio, d�uiE�� the five
yea�• period pi•eceding the date of tl�is Contract, t»s b�ei� convicted af violatin� a fede�•al law in contiection witli a
contract aw�rded by tl�e fecleral goveri�ment for relief, recavery, o�• a'econsiruction effoi�ts �s a result of 1[urricane Ttita, as
defi►ied t�y Section 39.459, Utilities Code, }3urricane Katrina, or any other disaster ocetarring aftei� September 24, 2045;
or assessed a pe»alfy in a fedeca�, civii or administ�•ative enforee�nent action in cortnectio�� with a contract awa�•ded by the
federal governenenf for relief, recovety, o�• recrinstruction effoi�ts as a result of Hurrica�ie Rita, as dafined by Section
39,459, Utilities Code, }-lE�rricatte Kakrin�, oz� any athcr disas�ter occut�ring aftei• Septcanber 24, 2005.
By exect�tio�� ofthis Cc�ntract, the Subrecipient hereby certifies tl�at it is eligible to pa��tici�3�te in iSGatxi ecknowleci�es
that this Co�7h•act znay be ferminated ar7d payment witl�held if tl�is certifioaiion is inaccurate.
S�CTYON 35. C�IZTtF1CATY()N R�GA�iT�.ICYC� MAiNT�:NANC� O�' E�`FORT
Funds provideci fo Sf�b��ecipient unde�� ft�is Cont.ract may ��ot be substituted for funds or resou�•ces fi•om ar►y atl7er source
or in any way seive to i•eduee ihe fuacis c�r resources wiiieh would h�tve been available to oj� prov�ded through
Subrecipie�t had this Contract never• bee�� executed.
S�CTIUN 3G. 1)�BARit�ll Al�ill SU�P�ND�:n 1'ART)CS
By si�ning tl�is Cn�th�act, Subrecip.ie��l certi�es filatneifher it itor its ctm��ent �rinciple }�arfies a��e i►ac�uded in fi�c Excl�►ded
I'arties List System (CI'!,S) inaintained by the Getie�•a1 5ervices Administi•atioi� {GSA). Sabrecipient also certifie�s that it
will notawa►•d ai�y funds provicled by this Co�aU•act io atry p�rty di�t is debarred, st�spended, or otherwise exciuded fi�om
or ineli�ible for pa��tici�atioti in federal assistance programs under �xecutive prder 92549, Subrecip[ee�t agrees thaf prior
to ente►•i���; into any agreement with a�otential Slki)C01liCactor that the verifcation process to wmply with i�iis
require�nan� wiil be aecomplished by checkii�� the �xeluded l�arties List System at htt�://www,epls.gov/ o�� by collecti«b
a ce�ti�cation fi•om die }�otential subconfract���.
SECTION 3i. ��'�CTAL CQNDIT7OIV�
A. De}�a��tm���i shall t�ot relc;ase any fiiuds under ihis Cot�tE�act until Depa��tmen� l�as deternv��ed that SL►b►•ecipieait's �scal
cont�•oi anc� fiit3d accounting procedures aE•e adec�uate io ass�ire the p►•oper disbw�sal of �ad aceoiiniing for such funds.
�3. L7epartrne�ii shall nal reiease any fun��s under ihis Co��h�aci until De�}��tment f�s received aproperly co�n�leted llii�ect
Dep�si# Authoriz�tion form fi•om St�brecipient.
C, Subrecipient shall oblig�te (as sucl� �e��in is defined in 24 C.F:R. §57�,203) a!{ fiulds providecl uttder tl�is Confi'�tct
rvithin 120 days as ofthe date in 5ubrecipient's award lettee. L�epat�Gnent will rec�lpture any func)s not sn obligated.
D. Subrecinient sliall ensure that any building rehabilitaled wiih funds provideck under this Conf�•aet is fnaintained as a
sheife�� fot' the t�otneless For not less than a thx�ee (3)-yea�• period or for not less t}��i � ten {10)-year pei�iod if such
4unds �•e t�seci fa�• major rehabilit��tion or convexsion of the building, `F��e ap�licable period s)�ail be calculated in
accarclance wiih 24 C.T`.R. §S7b.
I's, ff Su.brecipient us�s func3s reeeivecl uiider this Contract to pE•ovicle ess�niial se��vices, hotneless preventio��, oa•
maintet�ance a►�d nperating costs, the activities must be ca��ricd auk turtil all of the fi�nds made nv�ilabie unde3' this
Conh,aet for such activities are expended �r for tl�e Conb•act 'i'e��n�, whictiever is sli�i�ter. Subrecipient rnay use one or
mare sites ar s�tntctures to ca�•ly out tlie activities but it must seive tl�e same ge�neral populatEol�. The '�Salne ge[leP�l
populafion" me�s the types af homeless persons ariginally sei�ved wiEh itie fiinds ot• ��ersons in ihe sa�ne geographicat
a�•ea,
F. Subrecipicaii shall malce known that use of ti�e faci #ities and se�vices funded t►nde�� tt�is Ctlntraci are available to all an
a�3o��disoritninatory basis. Sub�•ecipient also must adopt a�nd implement p�•ocedures designed to inake available fo
interes�ed pec•sons i��formation co�TCe���i�i� tlic exis�ence and lo�.�tion of services anci facilities that �re acc:essil�le to
�ersons with a di�ability.
G. Stibrecipient shali administer, i�i goad faitl�, a pnlicy desi�;ned to ensure that its t�omeless facility is f'i�ee from tlte
illegal use, possession, ar distrif�ution of drugs or atcohol.
T'age 13 oF 22
1-C. Pa� a�ry ESG lctivities that «-otilcf res��lt itt tlte clisplacement of persons c�R' businesses, 5ubrecipient �niast i'ollow
Ui�iforin lZelocation Assistttticeand l�eal Pt'oparty Ac:quisition PoliciesAct of �970 (42 U.S.C. § 4201 - 4C5S) (URAj
a��d its implemenfin�; regulatio�ts at49 C.F.R ,1'art24, Sti�b�a�� �3, and HUI� I-ia��dbook 1378,
1. Saba�ecipient shali, to t}te maxi�num extent }x�acticable, involve, t7u•ougl7 e�nploytneut, �o}u��teer se�vices, or
oii�ei�vv3se, homelessindividuals t�nd f'a�nilies i�a constr•ucting, ��enovatian, maintaining, anci opeeating facilities assisied
ut�der this Contracl, i❑ providin� services assistecl unde�• this C�nt�•�ct, and in �aroviding se3vices foa• occupa�fts bf
Caciliiies ��ssisfed i4nder this Contracf.
J. .S'ubrc;cipients ntifizing I:SG funds for renov��tion, repair, rehabiJitation, or co��versian of buildi�igs are responsible far
c:wmpliance witl� 24 C.�.R Part 135, referrecE to �s "SectiQn 3," aad shall include the clauses listect in §135.38 in all
subcontcacts covered t�y Section3. IIameless irulividuals have {�riority over Seclion 3 t�esidents.
K. lf Subrec;i�ient intends to pi•ovide e�nergency shelte�� for hameless pe��sons in }�otels or moteis, or other commercial
facitities provicii�ig transient l�ousing, Subrecipie�lt ���ust pE•ovide tlte Depa��iment witfa a ce�•tific�tion thal: (i ) leases
negoti�ted between Subcecipient �nd pt•ovide�•s of st�Gh housing provide oi• wiil provicie that the living space wil( be
rercted at subsiantialiy tess thai the daiFy room rate othe►•wise cha���ed by the facility; and (2) the Subrecipie�tt h�s
considered othei� faciliiias as cn�er�e�acy shelter, �nd has delermineci ihat. use of t}�e facilities provides the most
cost-effective mear►s of providin�; cmecgef�ey shefter in its sea•vice ai�ca.
�,, 5ubreci�ient shall develop ai�d implement procedures to ensure the coi�6dentiality of recnrds pe��tainin� #o a�ry
individual provided f�unily vioiet�ce pr�evention o►� ts�eaiment services u�ider any project assistc;ci u��der this Co►�b�act,
a��<i ihat the �ddress or location of any fal��iiy violei�ce shelier praject �ssis�ed will, exc;e�twitj� w+•itten aufliorizatiort
of the ��e.rsc3n or persons responsible f��• the opera#ion of sucl� s}teltec•, not be made public,
Tvl.Subrecipient shalt ensure that any bt�ilding foa� which ESG acnounis at�e used for renovation, canversion, or �najor
rehabilitatio�� must meet locat gaveeninent safety and sanitatian sta�idards a�td shelter and l�ousing standards as
autlineci in §576.403 ofthe ESG Re�ulations.
N. None of the funds p�•ovided unde�� �.iais Cot�tract �nay be usec] iu c:annection wiih a►�y dwellin�; unit unlf:ss the uiii� is
protecteci by a ha►•d-��irecl or batte►y-operateci smoke defectar inst�lled in accordaner, witl� Natianal Fiz•e Frotection
Association 5t��nd�•c! 'I4.
SI;CTl[)N 38. N(3 WA1VI+'.R
�ny right or remedy �ivcn to Deparftnent hy ttusContract sha�l nof preclude the existenoe of any other R•i�ht or �•emedy;
neilher shall any action ts�en iii the exercise of any rigl�t or reinedy be deemed a waivet� of ��ry ofhe�• cight or xernuiy.
The fai lure af Department to exercise arry right or remedy on any oceasion shalE not constitute a waiver of Departmet�t's
right to exercise that ar� any other right o�• remedy at a later time.
Si:C7'IOIY 39. OItAI, ANll WRITT�N AGR�;T�M�IY"I'S
A. All oral atzd wcitten �;reeinents between tlie parti�s to this Contract relating to t��e subject matter af thi s Conirac# have
been reducc:d to wj�iting and are contained in ihis Contt•act.
f3. 'I`he attachments enume��teci a��d de��oininated below are a pac�t of�t�is Contracf �tici constitute p�•ofnised performances
under fhis Contract:
I, Exhibit A- Per.fc��xnance Document
2. rxhibit B - Budgef -
3. Ex#�ibit C- Match Requirements Document
4. �xi�ibit D- Applicable Laws and Re�ulatians
S. i�xl�ibit E- Cei�tificatiot� Ite�ardin�; Labbying fai• Cont��acts, Grants, L,oans, and Cooperative Agreeme►�ts
�CC'i'101� d0. SX�VERAI3II,iTY
[f'�ny section or provision of this Confract is held to be inv�lid oc unenforceable by a courtor an admi�tis��ative t�•ibunal
�f competent jurisdiction, the rer�tainder sl�all �•emait��alid atid bincli���.
I'age 14 of 22
SLC`i'(UTV 4t. COI'YR1CrH'.l'
Subrecipicnt cnay copyrigltt r»atez�ials devetopcd in tf�e perfor�nance ofthis Contt�act or with fiinds expended tEnciea• this
C'oiatract. �]epa��tmant arzd }1lJD shall each ]tave a roys�lty-free, noazexclusive, and irrevocable riglrtto repcoduce, publis6,
�r otherwise t�se, a�ict to autharize others to use, ti3e capyri�hted work for g�vernment pur�oses,
SECT'1QN 42. U�C OC� ALCOHOLYC B�+'Vl<'.RA(yL�'S
i� u��ds provided uitder �liis Contract �nay not be usecl for fhe paymetrt of sala�'ies to any Sub��ecipient's employees u�ha use
afcoholic bevea•ages while on activc duty, fae tr�vel �xpe►ises expencfed ti�r alcAholic bever�ges, or for fhe pu��chas�e of
t�lcol�o] ic bevera�;es.
�FC'I'[ON A3. T.�IT.I-I �3A��,D Ai�1D �ECTARaA1V ACTiV1TY
Funds provicled under this Conh�act Enay nat be used for sectaria�� or inherently religious activiiies such as worship,
reli�;iaUS iust�vction or pl�aseiytization, a��d must be for tEie benefit of persons regardless of religious 1fi�iliafi�n.
SubrecipieEii shail comply wi�ti the reg�ifatiot�s p��o�nulgated at 24 C,F.R. §576.4Uf>.
SCCTION �4. FOY2C� MA.JIIRG
lf the obligatior�s are clelayed by tl�e fol]owin�;, an eq�itabie adjusi�nent will be mHde for delay or failu��e to perform
l�ei�eunder:
A. Any af tfic followin� events: (i) catastropl�ic weather conditions or other extraordijiaiy elemeais of i�atui•e or ��cts of
God; (ii) acts ofi'wae {decl�u�ed or undeciared}, (iii) acts of terroj�ism, insuz�rection, riots, oivil disc�rders, x•ebellion ar
sabatage; �ici (iv) c�uarantint:s, embar�oes and other similar unusual actions of faderai, proviuciai, locAl o�• forei�n
Governmental Autliorities; a��d
I3. 71te no�t-perfo��ming pa�•ty is witllout Fault in ca.using or failing to p►�eve�it fikte occuf•�•ence of suci� event, a��d s�icJt
occurrence could ��ot l�ave beeii eircurnvented by reasa�able preeautions �utd could ziot har�e beeti preveuted or
ciccumve��ta{ througli il�e use of commei'cialiy re��sonable alteE•native souref:s, workai•ot�nd plans or othec• �nea��s.
SI�CTION 45. TiM� l� OF THE �SS�NC�
'1'i�ne is of d�e ess�cncc; witl� respectto Subrecipieni's coknpliance witii all covena��ts, agreen�ents, tec•ms �uid condifions of
this Coniract. .
SGCTI�N 96. COUNTERPARTS AND i'�'A�SIMIL� SIGNA'�'UR��
Tiiis Conlraci may be e�:ecuted in one o�• xno�•e counterparts each c�f which shall be deemed ��n ori�ival bEit all of wliich
to�ether sI�ail coustitule one �uxd the sa�ne insh�ument. Signed signature �a�;es may be U•ansmitted by facsimiie or ot(�ee
electronic ft�ansjnission, and any sucll sigaaii�re shal] have t}�e s�une tegal effect �.S an ori6inal.
��C7'ION 4i. NUMBTR, (,�NDEIt
tlnless #E�e context requires otl�ei•wise, Che words of the �nasculine gendea� sh�ll include the feitiinine, and si�igula�• wards
sfiall include the plural.
1>a�;e 15 of 2Z
scc�'XON AE3. No��acr
A. Ii��iotice is p�•ovided concer��ii�� tt�is Co«tract, notice ��ay be give�t aE the following (f�erein refer•red to as "Notice
Adciress"):
As to y)epartmen�t:
`I'EXAS �)£:PARTMEN i' 4I� I�01151NG AND COMMI]NITY 11}�FAliZS
P. 4.13ax i3941
Austi��,'I'exas '78711.-3941
�ltte��tinri: Michacl Ue Yaunb
'Tele��lto�ie: (512) 475-2125
l�ax: (5t2)475-:3935
►ni chaeLdeyoung@t�hca.sta�e.tx.us
As to Sub�•ecipie��t:
City of .Denion
(Ol E. Hicko�y Street, Surte Li
llenton, TX 76205
Attention: Geor�;e Cltttpbell, City Manager
Tet�:phone: (940) 3���7756 Fa�; (940) 349-�753 F:mnil: geo�•ge,campbel} a cifyofdentott.carn
�3. All notices oe other co�nrnunic�Rtions her�ixx�der shali be dee�ned �iven wEien deli�ered, mailed by ovei•j3i�htservice,
or five days a�te4• ntaiiing by eeitifieci or �•egisterec� mail, postage prepaid, rett►rn reeeipt ��eqne,eted, addressed to ti�e
appropriateNotice Addcess as de�n�cl in ��e aUove Subsection � oftliis Section 48.
S�CTION 49. VI;J�IUE AND JLJRISDICTIDN
This Contract is delivered �uld inteudecl to be pei•fnrnaed in the State of Texas, Foi� pw•�oses oFlitigation pursu<u�t to this
Contract, venue shal l!ie in Travis Caunty, `I'exas.
�,XEC1J'I'EQ fo be effective an October Ol, 2012
City �f De��ton
T polttic�l subdivisio�� of the Sfi�te oiTexas
13y:
Title:
Date:
i'�;XA� llEPAR'TML+'NT OF HOU�IIVG AND C(l�IV1MUNIT'Y AFFAIIt�, a pu4�l'rc A�ad o�caal
€��ency of tlie �tate o�Taxas
By:
Tille: Its duly authorized officer ar represe�rtaiiv�
Date:
Page 16 Uf 2z
�rr�a� n�arA�tTrn�,N r o�� H()U�II�IG AI�II) Can�rnuN�'I'Y AI� T+AIR�
CON`�'RACT NU. �121Z000153Q C'C>R `I'NE
FY 20i2 �MERGENCY SOI UTIONS GRANTS (ESG) T'TtOG(tAM
C�^DANU 14,23I
FXI-11BI'I' A
PBRi'OItMf1NC;E DOCIJMLN`I'
City of Danton
a pnlitical subc�ivision of ft�e State nf Texas
�"er�os•�n�nce Sfatemeut
Oeto6er 1, 2012 - September 30, 20 i 3
FINANC.IAL �KI'�1V�ITURE 12CQU1REM�NT�:
To �tssurc the ti�nely arid appro}�riate use of ESG funds, the Departi�lent l��s establishecl the tbilowin� expenditure bench�n�rks. `i'he
Depa��dnen# wiil review Subreaipient performance i�i expendir�g progra�n fia�ads on a qua�•terly basis. Subrecipie�Xt is Aclvised thlt fclllili�E.`
to expend funds in a ti�nely fashic�n may affec;t ��tfut�e fund�ng opp�rtuniiies.
Subrecipie�tts lnrist follow the Po�lowin�; expenciitui•e schedule:
Contt�act 10°10 expe�aded as pi-avided iEi the Budget b� the cnd of tl�e f rst quarter-Dece�nber 3 i, 2012.
Cor�tract 40% expended as provideci .i�i the Budget by th�: end of the secot�d qua�-ter-Ma��cft 3 i, 2Q 13.
Cor►#ract 75% expetided as peovided in tl�e [ivdget by ti�e �nd of the thirct quaE�ter-June 30, 2013.
Contract ( Oa% expended as provided in tlie I3ud�;et by t1�e end of tf�e Coiata•act 1'ei•m {foEirtfi q�.7arter)-Septeinber 30, 2013.
PI2�GRAMMA'1'[C P�RH'OR(17AlYCE ItEQUIREMENTS:
'I'o assilre thc timcly aE�d appropriate Use of .rSG futids, ttie Deparhnent has included flie following performance schtdulc as pa��t oftiie
(:ontract. Subrecipient will estat�lish taz•geLs for p��ogra�n activities and will rcporf fl�ose tacgets to tlle I)epa��ne�it via the `Cacgets
Spreadsheet i�or►n s«��pie.ment to liiis Coniract wklicl� will be ema+led separately to the Subrecipient. Subrc�cipient wiil repo�t
pe��fo�•m�tce on a�nonthly basis to the lleparhnent ihr�ugh the Community Affairs Cor�u•act System, at�d tiae Departfnenk wil] review
Subrecipient perfoi�nance in n�eetR�g pragr�m targeis on a q��a��te�•ly basis. Subrecipient is advised il�at failure ta p�•ovide progi'atn
services in accardance with tlie taigets establist�ed by #he Subreoipienf may affect fiature funding o�po��tnni cies.
Subrecip�ent i��i�st follow the folEorving perforrnance schedule:
No less tt�an 5% of' a11 targets, �s establislaed by the Subrecipient raet Uy the c:nd oft}�e iirst c�uaz�ler-llecetnber 31., 2012.
No less ti�an 35%o1'a![ targe:ts, as estaUlished by the Siib.recipie�yt niet by ihe end of'tlie second quartei•-March 3l, 2�13.
No less than 75% of �11 tar�ets, as estabiished by the Sub�•ecipient met by the end of the tlli�•d quartcr-June 30, 2013.
100% of ali .targefs, as estabiist�ed by the 5ub�•ecipient met by the etid of the Co��tract Term (faurth c�uarter)-Septembe�• 30, 20 i3.
i'a�;e 17 of 22 •
'I'l�,X�.� DI<'.PA12TI►!�I,Ii1'l' OI{ I�OU�.ING ANi) COIV�NI[JI�[TY AFrA1R�
C4N'I'ItAC'C1�10. �62I2U#)01530 �'OI2Tl-3E
IiY 20t2 6MI;RGI;NCY SOI,II'CInNS GRAN`fS (6SG) PR4GIZAM
. CrDANO. 14.23 l
EXHIBIT F3
T3UDG.E'I'
C'rty of lle�iton
a��v�it�eal s��t�divisia�► of'the �tate c�f Texas
pT�?ARTME]VT T+INANCIAL OBLiGAT1UlVS
Bi�d et Cate or Ca#e�ory Totals
�tx•eet Outre�clx � 0.00
Tmergency 3helter $ 262,8q2.00
Lsseaifial Seivices $ 137,594.00
Opei•atio.ns . $ 125,278.4(}
Homelessness Preve��tion $ 9i,962.00
Hot�sing Relocation and StabiIization Services-Einaf�cial $ S,OQ0.00
Tenant-based i•ental assistai�ce $ 92,9G2.0�
Rapid Re-Housing � 89,OOO.E!(1
Hotising Relocation ajid StaUilization Sez•vices�Financial $ 7,500_QU
Ho�isin� Iteloctition and Stat>ilization Services-Serviccs $ 33,�00.00
'I'e�ia�it-based rental assistance $ 48,5DO.OU
Honaeless 1Vlanagen�ent lnformation System (HMIS) � 11,4�5.U0
AdminisYrative Coats � 11,290.15
T4'�'AL $ 4'%2,i40.15
Ac{ditional funds may be obligated via Amendmen#(s). �'uiids rn1y oniy be obligated and expended dueEll� fI10 CQ1•re�it Contract'Tej•in.
U��expencied fund i�alances will be recaptu��ed.
FOOTNOT�S TO BUDG�.T rOR AVAILAl3LE ALLOCATYUNS:
Subeccipie�lt inust request in writing any adjust�nent needed to a�ud�et catebo�y hefbi'a TDI-[CA will m�tke any adjustment�s to the
btidgetcat�gories. Onfy titose wY•itten reyuest{s) f�•�m tlie Snb�•ec'r�ients r�eceived dt least 6U da�s �ri�r to ti�e e��fi o�'
flte Contract Ter•�n wiili be reviewed. TDHCA may decline #o revie�v written requesfs reeeived daring ihe fi��al fid
days of the Confract TerrrA.
Maxin�um foe adminisiration b�seci on 3.25% of thatotal �llowable axpenditui+es excluclingt►•avel foc•ti�aining.
Suhrecipient �nay �pply Administratio�i fiunds to �ay foi� ti•avel costz incur►'ed to rattend the Septembe►• 13-1�4, 2012 ISG T��ogi•am
Workshop held in Aus�lin, "1'exas.
Pa�c t 8 of 22
1A l;i�t� 11� I�tA4\r.41Y1L' 1'1 �� V1` A.lV Uf-1119 V t1.1\JJ CVII'JllYll/l�} i, [�l� l'H111A7
CON'i'RAC".t' NO. �21��01530 T'C3R TI�TE
FY 2012 EMERGFINCY SOIsUT'IONS GRANTS (BSG)1'ROGRAM
Ci�ll�1 NO. 14.231
F,Xi-IIf3IT C
MAi'C�I REQtJTREM�'NTS DOCUMf:N'T'
�IY� O� bCI1tUI1
a polificAl st�bdivis�on ol' the St:atc uf Texas
���e,�„Sot��•ce of Matcl��
Otiaer NarE,CSG HUD �'unds
Ufher �ede��al Funds
�tafe Gove�'��rnent
Y,�ca1 Guvernme��t
P�•iv�te Fr�nds
�the�•
F'ces
P�'4�i�arri 1nGGt1l0
MA,TCH TUTAL
Page 19 of 22
llnllxr Value
$ 0.00
$ ] �,655.84
$ O.UO
� 13,37ft.Q4
$ 37�,�682.15
$ 53,G25.OD
$ 0.00
� 0.00
g a7�,140.15
�SG Subrecipienls �nust matcli thei r awa�•d Rn1au��t witil an ec�ual or gre:itaz� �unou�3t of reuxu�ces fi•oEZ� other tlr�� C,SG funds,
�ti�iUle �ources uf.Match:
° any saut�ee i«cli�din T any FederAl source (except for �SG)
o any state, loca(, ait�pr•ivate sourccs.
If using��'ederal so«t•ces tl�e followiu� rules a�f�1v:
o die laws governiEig any sourc� ta be tiseci as match must not prohibit tl�ose fiinds fi•om being i�seci as inatch,
o if ESG fuizds are to be tisecl as match for another icderal pro�ram, t}�en tl�at pE�ogram may ►7ot be used as mztch far E'SG.
Reco�►�aitio�� of MatcliiY� Coutri��ntio�►s:
a Matcl� funds n�ust meet �Il tlae rcqtii�•e�nents tl�at apply to F.SG f«nds (except expenditurc 1�►nits)
o Matching conteibutio��s must Ue proviciecl during the Contract Ter�n
o Gash co}�tributions rnust be expend�d witiain the expe�xditure deadli��e duti•ing tlie Contz�act 1'ci•m
o Not�-cash contribt�tions rnust l�e n�ade witf�u� the expcndituE•e dcadluie (above)
o Contributinns used to match a previous GSG grant may not be used Co �natch a subsaquent �;i�ant
o Contributions used to match aiaother federal �rertt may not be used to n�atch BSG
�li,�,ible'�"ypes oiNlatclain�Contrabu�ions:
1. Casli Contributi�ns-Cash ex��e��dec! far aflowable costs as defned in OMB Circutars 1�-87 {2 C.T�,R. Part 22S} �nd A-122 {2
C.F,It. Pa��t 230� offhe Subeecipient> Sources of cast� coirt�•ibutions tnay inclucte private don�fions, or g����ts, fi•om Four�dations,
nonprofits, or loc�l, state a�ici federal firnds.
2. Non�Casli contril�utions-Non-cash wnCrii�uiions a�•e the valua of any ��eal px�opeE•ty eqtiupment, �oods, oa� se��vices contributecl
to the SubrecipienY,s I�SG progr�un, provided fhat lhey wnuld be allowable if tl�e Subrc:ci�ie►�t iiad to pay for #I�em.
Costs paid by prograrn income durin� tlie g►'atit period �re to be considered as maich provideci t}iey are eligibie cosis that stipplcn�cnt
tl�e I'SG program.
I'age 20 af 22
"I'I;XA� DLI'ARTTVILN�' ClI? HOU�I�IG AND CON.IMUI�IITV AT`I+A.�I.i�
CC)N7'RAC"I' N4. 4212[100a 530 F4R 1Y i� �
FY 20i2 4;ME;RG�NGY SUIaCJ'I'fONS Cii2ANT'S (rSG) �'ItbGRA,M
CFI�ANO, f4,231
�:xr���rx� n
AC'i'�,ICA.E3L�� LAWS AND TtEGULA`I'IpNS
City af Dciaton
a palit'rcal subclivisic�;� of tl�e Staic af Tex�s
Tliese applicable iAws inc(ucie but u�e reot f irrsited to �-Io�nefess Emek•gene�� Assist�nce and Rapid 7'rai�sitiolt to Housi�t�; Act; �s amer�deci
(42 U.S.0 11302 et, sec4 J
24 C.F.R. Pat�t 8,5;
24 C.f=.R, Part 91;
24 C.F.R. Pa3�t 576;
2�i G.i'.R. Part 582;
24 C.f�..R. Pai�t 583;
Applicable OfCce of M�t�agement fand Bud�;et ((7M8) CircE�tars;
i0 Texas Administ��afive Codc, Cha}�ter 5, Si�bciiapters A, and K
Pa�;e 21 of 22
���rxA� ��LZ}Ax�rmiL�r�r o�� xovs�N� Ar�n c,om�mv��•�r A�?�a��r�s
CONTRA,CI'N(?. d2120001�30 i'UR'i'1-IE
�'Y 2012 EMEIZ�ENCY S4I..UT'iONS GRANTS (�SCY) PRpG[Zt1M
C�DAN0.14.231
EXIIZBiT F
Cr12TT�'ICATI4N R�C�ART?�G I.�I3I3YINU FOR
CON'�'�tAC:TS, f:RA1a1TS, L(IAN�, AND COUNERATIV� AGKI',1SaMlaNTS
City of De�iton
a poliiics�l snbctivision of tl�e State of Texas
1'he uncie�:signed certifies, to the best ofits knowled�;e and belief, that:
1, No fuict�al app��opriated fi�nds have beer� paid ar �vill be paicl, by oi• on Uel�aif of the ulidersigned, to �iy person for influencii�g
or atteiaipting to influence an officea• or employee of � agency, a incm6er of congress, �ri offiee�• or employee of co�tgress, or
a�1 employee of a tnember of congress i�� eonnection with th�. awarding of a�iy fedeeal conU•act, fhe inakiEag of any federal grank,
the rr��king of �tny federal loan, tf�e enteting inlo i�f any cooperative a};reement, 03� tnoditication of �u�y fecieE•a[ cc3ntraet, grani,
loan, or co�pe�'ative a�;rcetncttt. .
2. lf �u�y funds other ilian fede�•��l �ppropi'iated funds have been paid or wil! l�e paid to any pe�;son for influe�icing or atteanpfin� to
infiEience an oflicer or em��loyee of a�iy agency, a nlembei� of cpn�res5, an off'�cer or emp[oyee of congeess, or n�i e�np[oyee of a
member of cou�ress in c�nneclion with this fede��al cot�iract, gra�3t, loan, or �oopei�ative agreemerat, ti]�e tmdersigned shalt
camplete �id submit standa�'d forin -TT,L, "Diseiosnrc Formto ite�ort Lobbying", in accordance witli its instructions.
3. Tlie undersi�necl sl3atl 3•eqtiire that tlie langu�ge of tt�is c:eiiificatian be included in the aw�ard doeuyneni.s fot� all sub-awards at aJ}
tiers (including subcont��acts, sttb-�;ranfs, a►id contracts �mder grants, loans, anc! cooperative agreemenks) astd thaC �i}1
sub-►•ecipients shall ce�tify �u�d disclose accordingiy. �
Tl�is cei•tification is ma�erial rep�•�seutatio�� of fact on wiiich z•eliar�ce rvas ptaced whe�; this i��ans�tction was mad� ot• entereci into.
Subtniss.ioil of fhis certiftcation is a p�•e��equisite for making o1• enterin� into tliis transaction imposed by Section l352, Title 31, U. S.
Cacie, Any person who faits to fi le the required ce►•tification shaif be subject to a civil pe��alty of not less #han $ f 0,000 a��d not more thau
$10U,�Q0 fo.r each such failure.
City of lle�►fon
a political s�'bciivision of the State of'I'exas
13y:
Titl e:
Date:
Page 22 0l' 22
2012-13 SERVICE AGREEMENT
EMERGENCY SOLUTIONS GRANT PROGRAM
BETWEEN THE CITY OF DENTON, TEXAS AND
THE SALVATION ARMY, A GEORGIA CORPORATION
This Agreement is hereby entered into by and between the City of Denton, Texas, a hoine rule municipal corpora-
tion, hereinafter referred to as "CITY", and The Salvation Army, A Georgia Corporation, a non-profit corporation,
1508 E. McKinney Street, Denton, Texas 76209, hereinafter referred to as "ORGANIZATION";
WHEREAS, CITY has autharized the City Manager to accept the Texas Department of Housing and Community
Affairs Emergency Solutions Grant Program (ESGP) Award, under the Department of Housing and Urban Devel-
opment (HLTD) Hoineless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act),
enacted into law on May 20, 2009, and take all other actions necessary to adininister a grant under the ESGP; and
WHEREAS, CITY has accepted funds from the Texas Department ofHousing and CommunityAffairs (TDHCA)
for the piupose of paying for specific contracival services by specific agencies named in the ESGP application;
and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure
of funds for assistance to homeless and potentially homeless families; and
WHEREAS, CITY has designated the Community Development Division as the division responsible for the ad-
ministration of this Agreement and all matters pertaining thereto; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
ORGANIZATION hereby accepts the responsibility for the performance of all services and activities described in
the W ork Statement attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in
accordance with the terms herein. CITY will consider ORGANIZATION'S executive ofiicer to be
ORGANIZATION's representative responsible for the management of all contractual matters pertaining hereto,
unless written notification to the contrary is received from ORGANIZATION, and approved by CITY.
The CITY' S Community Development Administrator will be CITY's representative responsible far the admin-
istration of this Agreement .
2. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from CITY, ORGANIZATION agrees to the following terms and con-
ditions:
A. A suin not to exceed One Hundred and Fifty Thousand Five Hundred Dollars ($150,500.00) may be
paid to ORGANIZATION by CITY on a reimbursement basis, subj ect to payment of money to the CITY by
TDHCA on a cost-reimbursement basis in accordance with the Contract for an Emergency Solutions Grant
Program between the CITY and TDHCA, hereinafter referred to as "TDHCA Contract". The only expendi-
tures reimbursed from these funds shall be those in accordance with the project budget, attached hereto as
Exhibit B and incoiporated herein by reference, for those expenses listed in the scope of services as provid-
ed herein. ORGANIZATION shall not utilize these funds for any other purpose.
B. ORGANIZATION will establish, operate, and maintain an accounting system for this program that will
allow for a tracking of funds and a review of the financial status of the program. The system will be based
on generally accepted accounting principles as recognized by the American Institute of Certified Public Ac-
countants.
C. ORGANIZATION will permit authorized officials of CITY to review its books at any time.
D. ORGANIZATION will reduce to writing all of its rules, regulations, and policies and file a copy with City's
Community Developinent Division along with any amendments, additions, or revisions whenever adopted.
Page 1 of 15
E. ORGANIZATION will not enter into any contracts that would encumber CITY funds for a period that
would extend beyond the tenn of this Agreement.
F. ORGANIZATION will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to the Community Development Division.
G. ORGANIZATION will appoint a representative who will be available to meet with CITY officials when
requested.
H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information
relating to clients subject to applicable federal and state law, rules, and regulations.
I. ORGANIZATION will indemnify and hold harmless CITY, its officers and employees, from any and all
claims and suits arising out of the activities of ORGANIZATION, its employees, and/ar contractors.
J. ORGANIZATION will submit to CITY copies of year-end audited financial statements.
K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those
procurement policies carried out by CITY. Equipment ar services purchased by the ORGAI�TIZATION un-
der the TDHCA contract shall not be transfei�red, disposed of, or sold without written permission by the
CITY.
L. ORGANIZATION shall fully comply with all the requirements ofthe TDHCA Contract, including, without
liinitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re-
quirements of the TDHCA Contract, a true and cor�rect copy of which is attached to this Agreement as Ex-
hibit C and made a part of this Agreement far all purposes. In particular, ORGANIZATION agrees to do
the following:
1. Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA
2. a. Comply with the provisions of the ESGP as published in the Catalog of Federal Domestic Assis-
tance (CFDA) (hereinafter referred to as "ESGP Regulations") and all future ainendinents and re-
visions to the same are hereby incorporated into and made a part of this Agreement. The Sub-
recipient shall at all times comply with the ESGP Regulations, associated Executive Orders, stat-
utes, OMB Circulars, other related federal regulations, and all future revisions and amendments to
the saine. The Sub-recipient shall become thoroughly familiar with all of the foregoing require-
inents as applicable and shall ensure that the ESGP Assisted Persons/LTnits coinply in all respects
with the ESGP Regulations.
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regula-
tions issued pursuant to these acts. These provide, in part, that no persons in the United States
shall, on the grounds of race, color, national arigin, sex, age, disability, political beliefs, or religion
be excluded from participation in, or denied, any aid, care, service, or other benefits provided by
federal and/or state funding, or otherwise be subjected to discrimination.
c. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding em-
ployment verification and retention of verification forms for any individuals hired on or after No-
vember 6, 1986, who will perform any labor or services under any contract between
ORGANIZATION and CITY.
d. Comply with Health and Safety Code §85.11 3(relating to workplace and confidentiality guide-
lines regarding AIDS and HIV).
3. Comply with appropriate state licensing or certification requireinents and with standards prescribed by
the Secretary of the United States Depariment of Housing and Urban Development.
4. Report any suspected case of abuse or neglect to the Texas Department of Family and Protective Ser-
vices (DFPS) or a local law enforcement agency office as required by Act of Apri120, 1995, 74`� Leg.,
Page2of15
Reg. Sess., ch. 20, §1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codiiied as Tex. Fam.
Code Ann. §261.101 et seq.).
5. Be subj ect to an audit by a Certified Public Accountant and provide a copy of the audit to CITY and
TDHCA. ORGANIZATION is expected to create and maintain adequate and auditable fiscal records,
such as annual financial statements, tax returns, and agency budgets may be required and shall be
made available to CITY or TDHCA upon request,
6. Use generally accepted accounting procedures as recognized by the American Institute of Certiiied
Public Accountants and follow TDHCA financial management policies and procedures in maintaining
fiscal records required to be kept under this Agreement.
7. Hold TDHCA and CITY hannless fiom and against all claims, demands, and causes of acrion, which
may be asserted by any third party in connection with the performance of contracted services.
8. Provide services in accordance with the 2009 TDHCA ESGP funding application and allow TDHCA
and CITY to monitor same. Some possible methods may include on-site visits, document review,
questionnaires, or interviews.
9. Participate fully in any evaluation study of this program authorized by TDHCA or CITY.
10. Not transfer or assign this Agreement without the prior written consent of TDHCA and CITY.
TDHCA and CITY shall not transfer or assign this Agreement without consent of ORGANIZATION.
Transfer or assignment without prior written consent of either party may result in termination of the
Agreement in accordance with the TDHCA Contract.
11. a. Submit billings for services, prograin reports, performance and financial status reports as required
by TDHCA to the CITY by dates required by Community Development.
b. Non-receipt of the required billing and statistical documentation by this date will be considered
failure to comply with the Agreement. Failure to comply is valid justification for immediate ter-
mination of this Agreement and/or nonpayment of the billings or any portion of the billings that
are not received within the specified time limit. The ORGANIZATION further agrees to certify
the amount of local financial participation (match) directly supporting the service being purchased
with each request for payment submitted to TDHCA and City for reimbursement.
ORGANIZATION agrees to provide the amount of match for which it is responsible under this
agreement (see Exhibit B of TDHCA Contract "Match Funds").The ORGANIZATION agrees
that the information submitted is true and accurate. The ORGANIZATION further agrees to sup-
ply documentation to CITY far the purposes of verifying reported information if requested.
c. Submit performance reports monthly ar as required by T.D.H.C.A. to the City no later than the
Sth day following the last day of each month in which the service is provided. Non-receipt ofthe
required performance reports will be considered failure to comply with the Agreement. Failure to
comply is valid justification for immediate termination of this Agreement. The Organization
agrees that the information submitted is true and accurate. The Organization further agrees to
supply docuinentation to City for the purposes of verifying reported infortnation if requested.
12. Make available at reasonable times and for reasonable periods client records, boolcs, and supporting
docurnents pertaining to services provided far inspecting monitoring, auditing, or evaluating by
TDHCA and CITY personnel or their representatives. Notwithstanding anything in this Agreement to
the contrary, ORGANIZATION shall: A) Maintain iiscal 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 TDHCA Contract. ORGANIZATION 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; and
B) Give the CITY, HUD, the Comptroller General of the United States, the Auditor of the State of
Texas, and any TDHCA authorized representative, access to and the right to reproduce all records be-
longing to or in use by ORGANIZATION pertaining to this Agreement. Such access shall continue as
long as ORGANIZATION retains the records. ORGANIZATION shall maintain such records in an
accessible location.
Page 3 of 15
13. Maintain and keep financial and supporting documents, statistical records, and other records pertinent
to the services for which a claim was submitted. The records and documents will be kept for a mini-
mum of five (5) years after the termination of the Agreement. If any litigation, claim, or audit involv-
ing these records begins before the three-year period expires, the ORGANIZATION will keep the rec-
ords and documents for not less than five (5) years and until all litigation, claims, or audit fmdings are
resolved. The case is considered resolved when a final order is issued in litigation, ar a written agree-
ment is entered into between TDHCA, CITY and ORGANIZATION. ORGANIZATION will keep
records of nonexpendable property acquired under the Agreement for five (5) years after final disposi-
tion of the properly.
14. Provide for an amount of funds equal to the amount of funds provided by TDHCA through the CITY
under this agreement. ORGANZIATION's inatch 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 under this agreement.
15. Notify TDHCA and CITY iminediately of any significant change affecting the ORGANIZATION and
ORGANIZATION' S identity, such as ownership or control, name change, governing board member-
ship, vendor identification number, and personnel changes affecting the contracted services. Changes
must be provided in writing to TDHCA and CITY within 10 working days after the changes are effec-
tive.
16. Refrain fi om entering into any subcontract for services without prior approval in writing by TDHCA
and CITY of the qualiiications of the subcontractor to perform and meet the standards of this Agree-
ment. All subcontracts entered into by the ORGANIZATION will be subject to the requirements of
this Agreement. The ORGANIZATION agrees to be responsible to TDHCA and CITY for the per-
formance of any subcontractor.
17. Not use funding under this Agreeinent to influence the outcome of elections or the passage or defeat of
any legislative ineasures.
18. All notices given regarding this Agreement shall be sent to the following addresses
TDHCA The Salvation Army, A Georgia Corporation
Planning & Contracts Management ATT'N: Executive Director
Post Office Box 13941 1508 E. McKinney Street
Austin, TX 787ll-3941 Denton, Texas 76209
City Manager
City of Denton
215 E. McKinney St.
Denton, TX 76201
3. TIME OF PERFORMANCE
The services funded by CITY shall be undertaken and completed by ORGAT]IZATION within the following time
frame: October 1, 2012 through Septeinber 30, 2013, unless the contract is sooner terminated under Section 8
"Suspension or Termination".
4. PAYMENTS
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a maxunuin amount of money not
to exceed One Hundred and Fifty Thousand Five Hundred Dollars ($150,500.00) for services rendered
under this Agreement, contingent on receipt of fitnds by CITY from TDHCA under the TDHCA Contract.
Payments will be based on a projection of monthly expenditures with reconciliation at the end ofthe month.
Documentation of expenditures inust be submitted to the Community Development Division by the l Oth
day following the last day of the month in which the service was provided. ORGANIZATION' S failure to
provide the information on a timely basis may jeopardize present or future funding.
Page 4 of 15
B. Costs shall be considered allowable only if incurred directly specifically in the performance of and in com-
pliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B.
C. Approval of ORGANIZATION'S budget, Exhibit B, does not constitute prior written approval, even
though certain items may appear herein. CITY's prior written authorization is required in order for the fol-
lowing to be considered allowable costs:
1. Encumbrance or expenditure during any one month period which exceeds one-fourth (1/4) ofthe total
budget as specified in Exhibit B.
2. CITY shall not be obligated to any third parties, including any subcontractors of ORGANIZATION,
and CITY funds shall not be used to pay for any contract service extending beyond the expiration of
this Agreement.
Written requests for prior approval are ORGANIZATION' S responsibility and shall be made within suffi-
cient tune to permit a thorough review by CITY. ORGANIZATION must obtain written approval by CITY
prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal
property. Any procurement or purchase, which may be approved under the terms of this Agreement, inust
be conducted in its entirety in accordance with the provisions of this Agreement.
D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re-
quest, any sum of money which has been paid by CITY and which CITY at any time thereafter determines:
1. has resulted in overpayment to ORGANIZATION; or
2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
E. Disallowed Costs/ Reversion of Assets. Upon terminated of this Agreement, should any expense ar
change for which payment has been made be subsequently disallowed or disapproved as a result of any au-
diting ar monitoring by CITY, the Department of Housing and Urban Development, Texas Department of
Housing and Cominunity Affairs, or any other Federal or state agency, ORGAIVIZATION will refund such
amount to CITY within ten working days of a written notice to ORGANIZATION, which specifies the
amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of
the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Con-
tract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY
within ten working days of a written notice to ORGANIZATION to revert these financial assets. The re-
version of these financial assets shall be in addition to any other remedy available to CITY either at law or
in equity for breach of this Contract.
Refunds of disallowed costs may not be made from these or any funds received from or through CITY.
F. Deobligation of Funds. In the event that actual expenditure rates deviate from ORGANIZATION' S provi-
sion of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to
reappropriate or recapture any such under expended funds. In the event that actual expenditures deviate
from ORGANIZATION' S provision of a corresponding level of performance, as specified in Exhibit A,
CITY hereby reserves the right to reappropriate or recapture any such under expended funds.
G. Contract Close Out. ORGANIZATION shall submit the contract close out package to CITY, together
with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of
funds under this Agreement, within fifteen (15) working days following the close of the contract period.
ORGANIZATION shall utilize the form agreed upon by CITY and ORGANIZATION.
5. PROGRAM INCOME
A. For purposes of this Agreement, "program income" means earnings of ORGANIZATION realized froin
activities resulting from this Agreement or from ORGANIZATION' S management of funding provided or
income from interest, usage or rental or lease fees, income produced from contract-supported services of in-
dividuals or employees ar from the use ar sale of equipment or facilities of ORGATTIZATION provided as a
Page 5 of 15
result of this Agreement, and payments from clients or third parties far services rendered by
ORGANIZATION under this Agreement.
B. ORGANIZATION shall maintain records of the receipt and disposition of program income in the same
manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY
and ORGANIZATION agree that any fees collected for services performed by ORGANIZATION shall be
spent only for service provision. These fees or other program income will be deducted from the regular
payment request.
C. ORGANIZATION shall include this Section in its entirety in all of its sub-contracts, which involve other
income-producing services or activities.
D. It is the ORGANIZATION' S responsibility to obtain from CITY a priar determination as to whether or not
income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program
income. ORGANIZATION is responsible to CITY for the repayment of any and all alnounts determined by
CITY to be program incoine, unless otherwise approved in writing by CITY.
6. EVALUATION
ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services can
be continuously monitored. ORGANIZATION agrees to make available its financial records for review by CITY
at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data and reports, or
copies thereof:
A. All external or internal audits. ORGANIZATION shall submit a copy of the annual independent audit to
CITY within ten (10) days of receipt. Audit will be conducted by a certified public accountant.
B. All external or internal evaluation reports.
C. Monthly performance and expenditure reports to be submitted to CITY by dates required by Community
Development.
D. ORGANIZATION agrees to submit monthly financial status reports to the CITY by dates required by
Community Development.
E. An explanation of any major changes in program services.
F. To comply with this section, ORGANIZATION agrees to maintain records that will provide accurate, cur-
rent, separate, and complete disclosure of the status of funds received and the services performed under this
Agreement. ORGANIZATION' S record system shall contain sufficient documentation to provide in detail
full support and justification for each expenditure. ORGANIZATION agrees to retain all books, records,
documents, reports, and written accounting procedures pertaining to the services provided and expenditure
of funds under this Agreement for the period of time and under the conditions specified by the CITY.
G. Nothing in the above subsections shall be construed to relieve ORGANIZATION of responsibility for re-
taining accurate and current records, which clearly reflect the level and benefit of services, provided under
this Agreement.
7. DIRECTORS' MEETINGS
During the term of this Agreement, ORGANIZATION shall deliver to CITY copies of all notices of ineetings of
its Board of Directors, setting forth the tiine and place thereof. Such notice shall be delivered to CITY in a timely
manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed.
ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to all meetings of
its Board of Directors.
Minutes of all meetings of ORGANIZATION' S governing body shall be available to CITY within ten (10) wark-
ing days of approval.
S. SUSPENSION OR TERMINATION
Page 6 of 15
A. The CITY may terminate this Agreement with cause if the ORGANIZATION violates any covenants,
agreements, or guarantees of this Agreement, the ORGANIZATION' S insolvency or filing of bankruptcy,
dissolution, or receivership, or the ORGANIZATION'S violation of any law or regulation to which it is
bound under the terms of this Agreement.
B. This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or
federal funds. If funds for the agreement become unavailable during any budget period, and TDHCA is un-
able to obtain additional funds, then this agreement will be terminated or reduced. Termination under this
section shall not subject TDHCA to a penalty or other claims.
C. The CITY may terminate this Agreement for convenience at any time. If this Agreement is tenninated for
convenience by the CITY, ORGANIZATION will be paid an amount not to exceed the total amount of ac-
crued expenditures as of the effective date of termination. In no event will this compensation exceed an
amount, which bears the same ratio to the total compensation as the services actually performed bears to the
total services of ORGANIZATION covered by the Agreement, less payments previously made.
In case of suspension, CITY shall advise ORGANIZATION, in writing, as to conditions precedent to the
resumption of funding and specify a reasonable date for compliance.
In case of termination, ORGANIZATION will remit to CITY anyunexpended CITY funds. Acceptance of
these funds shall not constitute a waiver of any claim CITY may otherwise have arising out of this Agree-
ment.
9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. ORGANIZATION will be in compliance with the Equal Employment and Affitmative Action Federal pro-
visions.
B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
C. ORGANIZATION will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section
504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued
pursuant to these acts. These provide, in part, that no persons in the United States shall, on the grounds of
race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation
in, or denied, any aid, care, service, ar other benefits provided by federal and/or state funding, or otherwise
be subjected to discrimination.
D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment
verification and retention of verification forms for any individuals hired on or after November 6,1986, who
will perform any labor or services under any contract between TDHCA and the Contractor.
E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines
regarding AIDS and HN).
F. Comply with appropriate state licensing or certification requirements and with standards prescribed by the
Secretary of the United States Department of Housing and Urban Developinent.
G. Report any suspected case of abuse or neglect to the Texas Departinent of Protective and Regulatory Ser-
vices (DPRS) or a local law enforcement agency office as required by Act of Apri120, 1995, 74th Leg, Reg.
Sess., ch. 20, § 1, 1995 Tex. Sess. Law Serv. 113, 260 (Vemon) (to be codified as Tex. Fam. Code Ann.
'261.101 et seq).
H. Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any
current criminal indictment involving an offense against the person, an offense against the family, or an of-
fense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas
Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification and dis-
closure will be required of all who have direct contact clients.
Page7of15
I. ORGANIZATION will furnish al l information and reports requested by CITY, and will permit access to its
boolcs, records, and accounts for purposes of investigation to ascertain compliance with local, State and
Federal rules and regulations.
J. In the event of ORGANIZATION' S non-compliance with the non-discrunination requirements, the Agree-
ment may be canceled, tenninated, or suspended in whole ar in part, and ORGAIVIZATION may be barred
from further contracts with CITY.
10. WARRANTIES
ORGANIZATION represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are
complete and accurate as of the date shown on the information, data, or report, and, since that date, have not
undergone any significant change without written notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete,
accurate and fairly reflect the financial conditions of ORGANIZATION on the date shown on said report,
and the results of the operation for the period covered by the report, and that since said data, there has been
no material change, adverse or otherwise, in the financial condition of ORGANIZATION.
C. No litigation ar legal proceedings are presently pending or threatened against ORGANIZATION.
D. None of the provisions herein contravenes or is in conflict with the authority under which
ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of
ORGANIZATION.
E. ORGANIZATION has the power to enter into this Agreement and accept paytnents hereunder, and has tak-
en all necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of ORGANIZATION are subj ect to any lien or encumbrance of any character, except for
current taxes not delinquent, except as shown in the fmancial stateinents fumished by ORGAI�IIZATION to
CITY.
Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the
submission of each request for payment.
ll. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the tenns of this Agreement shall be by written amendment exe-
cuted by both parties, except when the terms of this Agreement expressly provide that another method shall
be used.
B. ORGAIVIZATION may not make transfers between or ainong approved line-items within budget categories
set forth in E�ibit B without prior written approval of the Community Development Administrator far the
CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and
such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In
addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded
under this Agreement.
C. ORGANIZATION will submit revised budget and program information, whenever the level of funding for
ORGANIZATION or the program(s) described herein is altered according to the total levels contained in
any portion of Exhibit B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal ar local laws ar regula-
tions pursuant hereto may occur during the term of this Agreement. Any such modifications are to be au-
toinatically incorporated into this Agreement without written amendment hereto, and shall become a part of
the Agreement on the effective date specified by the law or regulation.
Page 8 of 15
E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may
include an increase or decrease in the amount of ORGANIZATION' S compensation. Such changes shall
be incorporated in a written amendment hereto, as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require
the prior written approval of CITY.
G. ORGANIZATION agrees to notify CITY of any proposed change in physical location for work perfortned
under this Agreement at least thirty (30) calendar days in advance of the change.
H. ORGANIZATION shall notify CITY of any changes in personnel or governing board composition.
I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder
nor the transfer of funds between or among said programs will be permitted.
12. INDEMIVIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with
ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold
CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs
and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any charac-
ter whatsoever resulting in whole or in part from the performance ar omission of any employee, agent or
representative of ORGANIZATION.
B. ORGANIZATION agrees to provide the defense for, and to indemnify and hold harmless CITY its agents,
employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attor-
ney fees, expenses, and liability arising out of the use of these contracted funds and program administration
and implementation except to the extent caused by the willful act or omission of CITY, its agents or em-
ployees.
13. INSURANCE
A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in-
surance as would provide adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct-
ing these activities, shall be covered by premise liability insurance, commonly referred to as "Own-
er/Tenant" coverage with CITY named as an additional insured. Upon request of ORGANIZATION,
CITY may, at its sole discretion, approve alternate insurance coverage arrangements.
C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employers'
liability coverage where available and other appropriate liabiliry coverage for program participants, if appli-
cable.
D. ORGANIZATION will maintain adequate and continuous liability insurance on all vehicles owned, leased,
or operated by ORGANIZATION. All employees of ORGANIZATION who are required to drive a vehicle
in the normal scope and course of their employment must possess a valid Texas Driver's license and auto-
mobile liability insurance. Evidence of the employee's current possession of a valid license and insurance
must be maintained on a current basis in ORGANIZATION' S files.
E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this
Agreement, and remain the sole responsibility of ORGANIZATION.
F. The policy or policies of insurance shall contain a clause which requires that CITY and ORGAr]IZATION
be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such
change or cancellation.
14. CONFLICT OF INTEREST
Page 9 of 15
A. With respect to the use of ESGP funds to procure services, equipment, supplies or other property, states,
territories and units of general local government that receive ESGP funds shall comply with 24 CFR
8536(b)(3), and non-profit subgrantees shall comply with 24 CFR 84.42.
B. ORGANIZATION covenants that neither it nor any member of its governing body presently has any inter-
est, direct or indirect, which would conflict in any manner or degree with the performance of services re-
quired to be performed under this Agreement. ORGAIVIZATION further covenants that in the performance
of this Agreement, no person having such interest shall be employed or appointed as a member of its gov-
erning body.
C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or
employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance
of being motivated by desire for private gain for hunself/herself, or others; particularly those with which
he/she has family, business, or other ties.
D. No officer, member, or employee of CITY and no member of its governing body who exercises any func-
tion or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall
(1) participate in any decision relating to the Agreement which affects his personal interest or the interest in
any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any inter-
est, direct or indirect, in this Agreement or the proceeds thereof.
15. NEPOTISM
ORGANIZATION shall not employ in any paid capacity any person who is a member of the immediate falnily of
any person who is currently employed by ORGANIZATION, ar is a member of ORGANIZATION' S governing
board. The term "member of irrunediate family" includes: wife, husband, son, daughter, mother, father, brother,
sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister.
16. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement
shall be deemed to have been delivered, whether actually received or not, when deposited in the United States
mail, postage prepaid, registered or certified, return receipt requested, addressed to ORGANIZATION or CITY, as
the case may be, at the following addresses:
CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
ORGANIZATION
The Salvation Army, A Georgia Corporation
ATTN: Executive Director
1508 E. McKinney Street
Denton, Texas 762092
Either party may change its mailing address by sending notice of change of address to the other at the above ad-
dress by certified mail, return receipt requested.
17. MISCELLANEOUS
A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or
any claim arising thereunder to any party or parties, bank, trust company ar other financial institution with-
out the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions
shall remain in full force and effect and continue to conform to the original intent of both parties hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to insist
in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in
any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be
committed by ORGANIZATION. Neither sha11 such payment, act, ar omission in any manner impair ar
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which
Page 10 of 15
rights, DO\�CCS. !JI']VII2�es, or ramedies are aleva��s spcciftcalfy preseived. 1v'o representative or agent of
CIT'Y mav ,�vaive the effect of this provisiun.
ll. This A�reemeilt, together with reterenced exhi6its and attachments. constitutes the entire agreement be-
h��een the parties hereto, and any prior a�•eement. �sertion, statement, understanding, or other commiunent
occurri�i� durin� tlle term of this A�reemeiit. or subsequent thereto,llave any le�al force or effect whatso-
ever, unless properly executed in writing, and if appropriate, recorded as an amendment ofthis Agreement.
E. In the e��ent any disagreement or dispute should arise bet�veen the pa�ties liereto pertaining to the inter�reta-
tion or meanin� of any part of lhis Agreement or its governing rules, codes, laws, ordinances, or regula-
tions, CITY as the pai-ty ultimately responsible to NLD for matters of compliance, �vill have The final au-
thoritv to render or to secure an iitterpret�tion.
F. This Agreement shall be interpreted in accurdance Nrith the la���s ofthe State of Texas and venue ofa��y liti-
gation cancerning this .Agreemeut shall be in a court af competentjurisdiction sitting in Denton Counry,
Texas.
,V,}j1�NES '�HEREOF, the pai�ties do hereby affis their si�natures and enter into this Agreement as of
the `y`' day of , '?Q�1-z
�d�
CiTY OF DENTON, TF,aAS
_ �
BY: �-
GEORGE C. CAMPBEi,L, CITY MA�lAG�R
ATTEST:
JENNIFER VWALT�RS, CITY SCCRETARY
BY:
.APYR VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
n
BY: „/ ,
/�
TEiG SrILVATION ARNTY EO A CORPORA�101v
BY:
EXECUTIVE DfRECT
A"I°I'EST:
[�v: __ ��! /�C-t- �'� �`�� , '��_ - - --
SOAftD�SECRETARY
Page I I of 1�
EXHIBIT "A"
WORK STATEMENT
Emergency Solutions Grant Program and HMIS Activities subject to ESGP Regulations per 24 CFR Parts 91
and 576.
The primary outcome for ESGP funds is to prevent and end homelessness. The ESGP funds are to provide
temporary financial assistance and housing relocation and stabilization services to individuals and families
who are homeless or would be homeless but for this assistance. The housing activities to be undertaken with
ESGP funds are consistent with federal and state ESGP guidelines.
SERVICES PROVIDED
Agency will provide Emergency Shelter and food to clients who state a need. Agency will provide compre-
hensive case management services including; needs assessments, developing an individualized housing plan to
achieve permanent housing, and referrals to other community services. Clients seeking assistance will receive
an intake assessment to begin prioritizing service needs according to HUD guidelines
THE SALVATION ARMY SERVICES
In order to complete the agreed upon activity ORGANIZATION shall provide the following services:
• Emergency Shelter and food to eligible men, women and families.
• Provision of clothing, bus fare, phone cards, and medicine as deternuned by need.
• Assistance with assessment of educational or vocational skills, budget skills, job search skills, and coun-
seling or other social services.
• ORGANIZATION will also monitor records of expenses incurred, receipts, proof of income, and at-
tempts to move toward stated goals.
• ORGANIZATION will utilize the assistance of the local non-profit service coordination agency to main-
tain client information in a centralized computer database.
• ORGANIZATION will actively participate on the Denton County Homeless Coalition and will provide
statistical information to the D.C.H.C. upon request in a reasonable tiine frame.
THE SALVATION ARMY GOALS/OUTCOMES
• Organization shall provide 500 unduplicated persons with emergency shelter.
• Organization shall provide 400 unduplicated persons intake, assessment and/or goal setting with case
management staff.
• Organization shall provide 350 unduplicated persons with community referral to assist with job training,
entitlements, medical or mental illness.
• Fifty unduplicated individuals will exit to temporary ar transitional housing destinations.
• Seventy five unduplicated individuals will exit to permanent housing destinations.
• Two hundred of the unduplicated individuals served will either have a serious mental illness, been re-
cently released from an institution ar have substance use disarders.
• 80 unduplicated clients will increase their non-cash benefits by discharge.
• 75 unduplicated clients will increase their level of cash income before exiting the program.
• 50 unduplicated clients will maintain employment for 3 months.
DOCUMENTATION AND COORDINATION REQUIREMENTS
• ORGANIZATION will utilize the assistance of the Denton County Homeless Management Infonnation
System to maintain client information in a centralized computer database. ORGANIZATION is required
to report all of the required basic aggregate data as determined by the Denton County Homeless Man-
agement Information System.
• ORGANIZATION will document and maintain all client documentation required by the Texas Depart-
Page 12 of 15
ment of Housing and Community Affairs (see attachment C).
ORGANIZATION will actively participate on the Denton County Homeless Coalition and work with
local providers to move families through the Continuum of Care.
ORGANIZATION will refer to and coordinate processes with other human service agencies receiving
Emergency Solutions Grant Program Funds through the City of Denton.
Discussions for the outcome measurements will be discussed at monthly meetings with the Case manager
and client participant. Evaluation will occur after 3 months of financial assistance and at program end, if
medium term assistance is needed. The data will be used by the staff to continue developing program
services to better collaborate services, make referral and address client needs that prevent rapid move-
ment toward stability.
Page 13 of 15
EXHIBIT "B"
PROJECT BUDGET
Emer�ency Shelter —Essential Services
2 Case Aides Salary
Case Aide Benefits:
Case Management
Medicine
Transportation: (gas cards, bus passes)
Child Care
Phone Cards:
Clothing
New Apartment Kits:
Educational Assistance:
Hygiene Kits
Emer�ency Shelter — Operafions
Security Unarmed Guard Salary
Food:
Bedroom Lodging Kits
Drug Test Supplies
Electricity
Maintenance
Hotel Lodging:
Staff Training
Shelter Office Supplies: Office Supplies
Shelter Janitorial Supplies
Shelter Phones
Administrative Costs
Shelter Coordinator Salary
Business Operations Administrator Salary
Pre-award Travel Expense:
Total Budget
Private Funds: Office Rent
TOTAL MATCH
PROJECT MATCH
Page 14 of 15
23,000.00
1,340.00
9,689.00
4,950.00
3,900.00
5,000.00
1,000.00
7,500.00
2,850.00
3,400.00
3,500.00
21,456.00
20,000.00
4,750.00
6,000.00
6,000.00
2,400.00
5,850.00
3,660.00
3,330.00
3,000.00
2,550.00
2,437.50
2,437.50
500.00
$66,129.00
$78,996.00
$5,375.00
$150,500.00
$150,000.00
$150,000.00
EXHIBIT C
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 42120001530
Contx•act Term: 10/1/2012-9/30/2013
Page 15 of 15
1'1+;3CA� llEY'AR`LMis'NT OF I10IJ�aNG AIVll CONIMUNITY ATT'AIR�
CONTRACT N0. 4� 12Uil�T S30 I� OR Tl l f:
FY 2012 EMGRGE;NCY SOLUTIUNS G(tAN"(:� (ESG) PROGRAM
CE'DANO. ]4.231
SGCTIOM I. PARTT�S'I'O'fkl[;CONTRACT
71�is Linergency Solutioa�s Cn•anls Contract No. 42120(1U1530 {l3erein the "Contract") is made by and betwecti tlie
Tex�s Deparfinent af 1-lousin� a��d Couununity Itffairs, a puUlic �nd official a�;ency of tlie State of Texas, (hereinatiec
ttie "Depa�•lrnenY') and CSiy oi' Denton, a politic�l suUdivisian aCtfte Siate of Te�as (hereinafter tl�e "Subcecipieul").
�ECTI.41V 2. C()NTRACT '1'C;RM
'1'he period of perform�nce of ihis Cantract, unless ea�•lier eenninatetl, is October Q1, 2012, through �e�te�nber 3(1,
�013 (herei��af�j� the "Conh•act Term").
�[�CTION 3. SUBI2EC11'CT�NT PT�RrORMANCI;
SuUrecipient shall develop �u�d implement an Emergency 5oliitions Gr�ntS Pi•ogra�n ("L'SG") in accord�ta�ce witi� tlie
terms of fl�is Conh�ael and tl�e l;xhibits attaehed to this Contract incorporated herein foa• a(1 reievant purposes.
Subcecipientshall develop �uld itnplement tl�e P5G to assist haineless individuals oc persons at c•isk of f►omelessnessto
quickly ►�egain stability in perm�nent housing after experiencing a housing crisis and/or homelessness. Subrecipient shall
implement ESU in accordance witl� the provisions of the Homeless Emergency lassistance and Rapid Transition to
}{ousin� Act, as.a�nended (42 U5G � 1302 et. seq.) (hereinafter tl�e ."Act"); d�e U.S. T�epattment of Housing and Urban
Developinent (heceinafler "Hi)D") regulations codified i.n 24 C.i'.R. Pa��ts 85, 91, 576, 582 and 583, any applicable
Office of Ma��agement and F3udgei (OMB) Cii•culars; and 'I'itle 10 of�die 1'exas l�dyninistrative Code, as atneEided frciin
time to time. Subi•ecipient shall nerforni a[I activities in accordance with tlie iertns of Perfottnai�ce Documec�t
(hereinafter "F.,xhibitA"); d�e�3udget (hereinafter °i;x{�ibit �3"}; the Match Requireinents l�ocument(laereina{�er "H:xhibit
C"); lheApplicable L,�vrs �nd R.ebulations (hcreinaRer "}:xhibitD"); the Ceifiification Re�a��din�; L.obbyin� for Couh•acts,
Gr��ts, l,oaas, and Cooperative Agreeinents (hereinat%er "I,xhibii E"); Q�e assurazices, ce�•tific:ations, and other statements
m�dc by Subrec;ipient in its �SG a�plication, and with all otherterms of�his Contcact, lf the persons to be��efat frotn ihe
activities described in �xhibit A�u�e notrece[ving a service or benefit, the Subrecipient is liab[e to repay the llepa��t�nent
any associated disallowed costs.
A. P�rformance rel�ted to established targets will be re��otted in the LSG monthly performa�ice Repo�t ancl
accompiishme.nti in meeting ta�•gets wi[I be considered in application for future funding opporiunrties with the
llepat'�n ettk,
B. All funds must be .fully expended wifhin the Contrlet Term at a level acceptable lo the Deparh»ent. 'I'he T)�arlment
reservcs the ci�ht to request ai� expe«diture; p[an if it appears fuuds will not be e;xpended within ihe Contract Term.
SGCT�01�14, llEPARTNIT;NT �'[NANCIAI, 0�3IdGATTOIYS
A. Tn consideiation of Subrecipient's full �nd satisfactory pertonnance of tliis Contcact, Dep�u•tment shall �•eimburse
Subracipient for ihe actual a[lowable cosls incucred by Subrecipient in the a�noant specifie;d in the "Budget" attached
hereto as Exhibitl3 ofthis Conh•act.
C3. Any decisiou to obligate additional fimds or deobligate funds shall be macle in writin� by Dep�u�tment in its sole
discrelion basecl upon thc status of funding uncler grants to Depa��tment and Subrecipient's overall coinplianee rvith the
terms af thi s Conh'act. .
C. Department's obligati�ns under tliis ConiY�act ai•e contii�gent upon the actual receipt of ada{uate LSG funds fi•om
HUD. Tf sufticicnt Iunds are r�ot availablc io �nake payments under tl�is Conh•act, nepaitment sl�ail notify
Subreoipient in w�•iting within a reasonable time after such fact is determined. Departmei�t shall theu ter�ninatethis
Contract and will not be liabie for if�e failure to make any payment to Subreci�ient undcr this Contract,
I'age 1 of 22
l�, Sabrc�:ipient shaU refund to T�e��artment any sum of mot�ey which f�as beeta paid to 5ubrecipieiit by Departmenf,
whicl� Depar[u�ent deter�nines has resulted i�i an overpayment, or whicli Uepartment deteimin�s has not been spent
strictly in accordanee with fhe terms of ffiis Contract. Subrecipieut sl�ail m�ke such cefund iwithin fitteeu (15) days
a(ter the Depa�fine3le's request.
��CTI.ON �. IYXET1iQD OF PAYMI:NT/.CASH BALANCES
A. Subrc;cipienis may request a one time woa•kuig capital adv�uice for t[�irty (30) days easli �lee�ls or an advance of
$S,OQd, whichever is gceater. In oa•der to reyuest a�f advance �ayment, S« brecipient must sul�mit to lkpa�tment a
E�z•oper(y completed expenditure report thal includes a re.�ues�t for advana: fi�nds (Projected laxpenscs). 'Ihere�tf�er, the
Subrecipieirt will be reimbtarsed for the a�nount of actual cash disbursements, a reicnbu�:sement U�tisis.
T3. Subrecipient shall establisli proc�dua•es to minimize the time elapsing between theti°��sfer of fi�nds firorn Department
to SuUrecipicntand fhe disbucsementofsuef� funds by S«bcecipient.
C, Secfion 5(A) notwithstanding, Depa��nent reserves the right to use a�nodificd cost reimbu►�setnent method of
payment whereby reimbursement of cosis incurred by a Subrecipiea�t is made only aftea• the Deparhneni has ��eviewed
and approved backup documentation provided by the Subz�ecipieut to suppot�f such costs for a1] funds if atany time (i )
Department determines that Subrecipient has maintai►�ed casEt balanc�s in excrss of need, (2) I�epartroent identifies
any deficiency in the cash conh�ols or fiinancial inanagement system used by Suba•ecipient, or (3) Subrecipient fai ls to
cotnply witli the repoa�ting rc�quirements ofSection 12 oftilisConlxact.
ll. All funds ��<<id to Subrecipietit puisuant to ihis Contr�ict ace paid in trus�t for the exclusive benefit of the efigible
rc;eipients of �,SG services and tor tlie payment of allowable expendittu�es.
L. DeparUncnt may offset or wifhhold a��y atnouuts oYhcrwise owed to Sub.recipicnt under tltis CoatU•act againsi any
amount owed by Subrecipient to Depar4ncnt vising under this Contract.
SI.CTIUN 6. COS`�' PRrNCIi'L,GS AND ADMYNISTRATIV� RI:QUIR�M�N'1'S
A. [��:cept as expressly modi fied by law or• Qie terms of tiiis Contract, Subreeipient shall comply with the cost princi�les
and uniforin administi�alive requiz�ements set forth i�� the Uuifortn Grant Ma��agement Sfandards, LO T.A.t:. §S.IO et
seq. (hereinaftet• "Uniform Grant M��nageinenY Sta��d�u�ds"). All i�eferences Chc�•ein to °loc�il government" sh�ll be
construed to mean Stibreciplenl.
B. Uniform cos� principles for goveriitnents are set fortla in Office of Management and i3udget (°OMI3'� Circula�� n-87
as implemented by 2 C.C�.R. Pa�t 225, Unifonn administrative requirsments for' governments ace set forfh in OME3
Circulaz� A-102. OMLi Circular A-133 "Audifs of States, Local Governmenls, and Non-Profit �rganiz�tions,° sets
fot�th audit standaj�ds for governmen�al organizations aud ofher ocganizations expending Terlerai funds. T'he
expenditure ti�reshold roquirin�; an audit under Circular A-133 is $500,000 of l�edera! funds or $500,000 of St�te
f�inds.
C. NMwiths�tanding any othei• provision oPthis Conh�act, Depai�tment shall only be liahle to Subrecipient for eli�iblc
c;�s�ts ipcurred or performances rci�ciered for activities specified in 2A GI'.Tt. §576 of'the FSG re�ulations.
D. Deparlment shall not be ]iable to Subr�cipicnc f'or certai�i costs, includin� but not limited to costs which:
(i ) ktave bc;en reitnburset] to Subrecipient or are subj ect to reiinbursement to Subrecipient by any source other than
Depa��tient;
(2) Are not allowable costs;
(3) ls incin�red to involuiitary separate a family;
(4) .f'or units oF [ocal g�vernment, is incurred to cCplace funds provided by the� local government for street outreaclt
�id emer�;ency shelter seivices durit�g the preccding l2-month pe.�•iod withoul HUll exception;
(5) is incurrcxl to provide certain legal services foa� immigcation �nd eitizeiaship mattecs and iss+�es relating to
mort�ages;
(G) Is incni-c•ed to provide certain substance abuse treatment services;
(7) Is incurred kn pay an�ears f'or tempo.i•ary storage iees;
Pag� 2 or 22
' _ .. _ . 5... ' : .,
(8) Is iricurred lo pay or modify a de�t;
(9) Is incurrecl to acquire propecty o3� to consu�uct i�ew properry;
(10)ls incurred for therel�abilita�ion af structuresto the estenl that those structuces are used for inherently religious
activit[es;
(1 l)Are cxpended on rehabilifation activities prior to the sub�nission of � Request for Release of i�u��ds mid prio�• tn
ihe release of funds by HUD,
(12}Are not scrictiy in accordance witli the ter�ns of this Co�rtracl, including the Exhibits;
(13)llave not. beeA� reported to Dep�rtment witiiin sixty (60) days fotlowi«g terinination of'this Confraci; ar
(l4)Are not i�icurred dua�in�; fhe Contract Tecm; w�ith Uie exception of G•ave] costs to attend ihe September 13-14,
20I21;SG Implementatiori Workshop in Austin, Texas.
S�C'I'T�N `�. TGRMINAT[UN AND �USP�NSZON
A. Pursuatit to §5,17 of I 0"T'AC Chapter 5, Subcha{�tec A, Depa��inent may terminate or suspandtivs Co�riract, i�3 wfiole
or in paz�i, at a�ry iime C�pa��finentdetermines tlaat there is cause tor termination, Cause Tor termination incl.ixdes, but
is not limited to, Subrecipien�s failure to comply with any term of this Contract or reasonable belaef thal Subrecipient
cannot or will not comply with the requirements of this Contract. Iftl�e De�az•[ment determines tl�at an Subreci�ienl
has failed to comp[y with the terms of tl�e Conh•act, or to pcovide services tl�at mu;t appropriate slandards, goals, oe
odier requic�ements e�tablished by the Department, Qie Depai�tmeiil wi11 notify Subreeipient of the deficiencies to be
corrected a�tci require the deficiencies be corrected priorto implementing suspension.
B. Nothing in fhis Section shall be c���sU•ued to li�nit Depa��tment's authority to wiihhold paymey�t and imn�ediately
suspend this Contr�act if Depae[ment identifies possible instances of fraud, abuse, waste, fisc�ll mismanagement, or
odier deficiencies in Subrecipietit's performance. Suspension shall be a temporaiy measure pencling either corrective
action by Subrecipient or a deeision by Dapartmet�t to tez•minate thi s Contract.
C. Department s}�all n.ot be liabie far flny costs it�c�n'red by Subrecipient aiiet'termination ofthis Cont.ract.
D. Notwithstandin�; any exercise by Depa��tmeuC of its right of t�;rmination or suspension, Subrecipient shall nat be
relieved of any liabiliry fo llepartment foc cla�n��ges i�y virtue of any breach of this Conb'act hy SuUtecipiei�t.
SGCT[OIY 8. NIATCH It�QUlKCMF,NT
A. Subrecipient shall provide a�� amount of fiinds e,�ual to dle atnout�t of funds provided by Ik:p��t�nent under tllis
ConCract (hereiu "Subrecipient's Match"). Subrecipient's Match mus�t be providec; during the Contr��ct 'I'erm fi�om
sources inclttding any Federal source otherthan the�SG pro�;ram, as well as state, local, and ��rivaCe sources. Fut�ds
used to match a previous ESG awa�•d in�ty not be used to match the award made un.der this Conb•act. Subrccipien�s
Match may include resources provided by any subcontractor to which SuUrecipiea�t provides fii►icls uiider this
Contract.
B. Amounts may be counted towards 5ubrecipient`s Match only if such a�nounts a�'c costs or eesourcts c�f a fype
spec;ified in Lxhibit C auci onEy if sucl� amounts a��e computed in accordance with tliis Section, In calculfrt+n�; th�:
a�nount af Subrecipicnt's Matc{�, Sub��ecipient may include, but is not limiteci to, cash cionations; the value of any
donatul material or buildi��g; the value of a��y le�zse on a build'mg; a�ry sala�•y paid to Subrocipient's staff (or tlzat of its
subcontractors) itt cv'rying out the activif.ies required under this Cofitract; and the time flnd seA�vices contributed by
volunteeis to ca�•ry out such activities. Services provideci by voluntcers must be valued at rates consistc;nt with those
ordin�u�ily paid far simi(ar v��rk itt the Subrecipient`s org�u►ization or in the same labor market. Subrecipient shalt
determine the value of any donated material or bui[ding or any lease using any method reasonaUly calculafed to
eshablish a fair market value.
SLC'1'ION 9. ALLO'WA�3L� FXPrI�IqTTURC�.S
A. The a{lowability of Subrecipient's costs incurred 'an Qie performance of tl»s Contract shall be dete��nined in
accordance with tiie provisions af Section 6 and the regulations set forth in 10 'I'AC §5.2002 �nd §S�C.t00 ihrough
§576,1Q9 of.�ttie i;SG Regulatiot�s, subject to the limita6ons and exce�tiot�s set forth in this Section.
I3. rSG funds may useci for administcative activifies as well as five pro�r�un components as set fortl.i in 24 C.F.I2.
�57t.101 through 24 C,F.R. §576.107 of the LS(1 regulations.
Page 3 of 22
C. Administrative cosfs incurretl by Subrecipient it� performing this Contract are co be based on ��ctual programmatie
experiditures a�id shall be allowed up to tlie amounY ot�tlined i�� �xhibif 13 of this Co��tract, fiunds �uay be used to pny
indicecf costs ui acco�'d�nce widi OML3 Circular A-87. l:li�ible ad�ninish•ative casGs iuclude:
{1) General managetnent, oversibht and coordination;
(2) "I'raining on F.:SG requirements; a�id
(3) Lnvironmental review.
�CCi'TON 10. TCRMYNATiIVC A�SiSTANCG
Pw�suant to 24 C.F.Tt. �5'16.�i02 of the ESG IZegulaiio3is, if a�ra�ra+n p�u�ticip�u�t violates progra�n rcquirements, the
Subrecipieni m1y terminate fhe assistance in flccordanac with a for�nal process established by the Suba�ecipient that
reco�nizes the rights of indi'viduals affected, 'I'l�c Subrec:ipient must exerc.ise judgment N�d ex<ui�ine all extenualing
circtimstances in determi��ia�g wheu violations wan•ant termination so that a�rograszl p�irticipanCs assislnncc is terminated
only intite most severe cases.
A, i'o tenninate renta! assist�nce or liousing refocation and stabilizatioil services to a progcam pa�ticipant, the i•equired
form�l pf�ocess, at a ininiinum, must cot�sisl of:
(1) Written notice to tl�e probram participa��t containin�; a cleac statcment ofi the reasons i'or termination;
(2) A review of thi; decision, in wliich the progra�n p�u�ticipaat is gi�ven the oppoi�tunity io present wriltcn or oral
objections before a pej�son other tlian the person (or a subo�•d.inatc� of'tfiat pe�son) who made or approved.the
tcrminatioi� decision; and
(3) 1'rompt writteo not.ice of the final decision to the program paa•ticipant.
I3, `I'erminafion uudec this sec;tion does nol b�r the SuUrecipietit from providing tuctl�ee as�5ist��nce at � later dafe to the
saine fami(y or individual.
Sf�CTIUN ]l. RECORll KI;�PING 12GQUTCt.I�MT�NTS
A, Subrc:cipient sh111 comply with all il�e record keepi.ng reqnicements set forth in 2�1 C.r.R. �576.500 of the ESG
Regulations and sh2(1 maintain fisc�l ai�d programm�tic records and supporting documeniatio.i� for a11 expenditures
made under this Cait�•act .
B. Writ(cn Policic:s and P�r�culures, Subrecipient must have wi•itten policies and procedures to ensure tlaal sufficienl
recocds �u�e establishc:d and mauftained to enable a determination that ESU requ iremenfs are being met.
C. Subrecipient shall, at a minimum, inaintait� files conYaining the following informatioa:
(1) Horrreles,s Stalus: Subrecipient must maintain documentation of the evidence celied upou to establish and verify
homeless status for progratn pat�licipants;
(2) At Risk �f Flvmelc;s�sne,s•s S�atus und Annual Income: .Poc each individual and family who receive 1;SG
homelessness prevention assisfance, SubrecipienGs shauld maintain documeritatton of the evidence reli�cl upon to
establish a��d verify the iiidivicival or family's "at risk of hoinelessness" sl��tus as Gsted on 24 G:�.R. §576.500(c)
a��d the pi'o�;raun p�u'ticipant's iiicome as eslab�isbed on §576.500(e);
(3) Delcrminations �Jf Ineligibiliry: For each individual and family determiiicd i�ieligible to receive ESG �ssis��nu:,
the Subcecipient must document the reason for that determinatian;
(4) Pr•o�r��mt Pur7icipan! Recorcis: Subrecipient must docu�nent the set�vices and ussista�ace provided to program
participants and where a.pplicable, eompliance with the tc:rminatiai of assistancc requirement outfined in Section
10 of this coittract;
(5) Centializul or covrdinated ussc;ssmcht cystenrs u��d Z�foceclur�:s: Continuums of Care (GoCs) are required fo
establish a centralized or coordinated assessment system. Suba'ecipient is rec�uired to pai�ticipate in the centralizecl
system. Subrecipient must anaintain evide�ice of the use of, and wriiten intake proeedures for, the cenYralixed or
coordinatecl assessment systems(s) developed by the Continuum of Care lf tl�e Subrecipie�it's CoC does i�ut yet
have a centraliz�d or coordinated assA:ssment system or pcocedures, oa• iP Subrecipieni is a legal oi• a victi�n
service provider choosing noi to use the CoC ceith•alized �r c�ordinated a5sessment system, SubrecipienC must
have and consistently appiy written sianda�•ds for assessmenr.
P�►ge <� of 22
(6} 11rm�ral Incon�:: For each prograta� ptu•licipant who rcu;ives homelcss prevention assisi�ice, or who receives
rapid re-]tousing assistance longer th�u� ane yea��, the follawin� documentation must 6e maintait►ed: 1) income
evaluafion form, 2) sourcedocument;s for received income and ��ssets, or 3) third party stau�neni for ��vhen source
documents a�•e unobtainable.
{7) Re�atal Assi,slance agreenrenGs u17d puyrrtenls: Copics c�{� all leases a�id rental lssistaiice agr�emefits,
documentatiou of payments ivade to ownecs, and suppocting doca�nentAtion including dates of occupancy by
program participants;
(8) Ulil!!y Allc�ti��at�ce: Documentatiou of the manthly �flowa�ice for utilities (exc(uding ielephone) usecl to determine
complia�►ce with tl�e rent resU�iction;
(9) Shelter ancl Housrr�g ��luridcn•d.�: Docume�itatioi.l of coinplia��ce witi� Uie she(ter �nd hausing st�inda�•ds in
§576.403 ofihe �SG Regulations, i��cft�ding inspection repoi�ts;
(10)�met•gencySheltc�• Fucilii�e,s: Subrecipient must maintain recordsaf flieemergency shelters assisted,i�teluclin�;
the amount and type of assistanec provided to eacii. As applicable, Si�brecipient inust docu�nent the value of a
buildirag before the rehabilitation of an exisfing emergency shelter or af�er ihe conversion of a bui[ding inlo an
emergency shelter a��d copes ofthe recorded deed or use restrictions;
(1 I)Se��vice,r und Assisrance Prvvrc7uf.� Suhrecipientc shal l maintain reeords of tli� types of essential services, rentai
assistancf:, �rid housing stabilization �uld relocation services provided under the LSG and the a�nounts spent on
these services and assistance;
(12)Maintenance of T�nr1: S�abcecipients that arc uni[s of (ocat government sh�ll maiutain recards to demonsh•ate
compliancewiththe maintenanceuf effaz� rec�uirament, inelucSinb records of�the uniC ofthe general pwpose local
governmeiit's annual bud�;cts anc( sources of fu�iding for stecet outreac}i a��d emergency shelter services;
(13)Coordinaliott wilh Conlinuunz(1) of'L'crre urrd ��dzet� prnglzrn�s: Subrecipients mt��t documenl fheir cotnplitu�cc
with the cequieements ot §57G.400 of tlie �SG Rcbulaiions for consultin�; widl the Continuum of C�u•e,
coordinafing and integrating ESG �ssistaz�ce with probrams t<u�geled koward homeless people and system and
pragram coordinatiop with mainstre�un seivice and assistance pcograms;
(]4)HM[S: Subrecipient ��nust keep records of the participation in HMIS or a cotnparable database by a11 projects of
the Subrecipient;
(IS)Matching: Subrecipient must keep records of ihe soucc;e a�td use of conteibutions znade to satisfy tl.ie n�atch
req uiremenk;
(l6)Re-ev�luaiion for homeless7iess a�id rapid re�housing assist�uice: Subrc.cipient must mainl��in docume�it�tion of'
a�� initial evaluation io determine ihe eligibility of elch individual or family EiSG �ssistance and the �nount and
types of a5s�sta�ice the individaal or fa�nily needs to regain stability into perma��ent liousir►�, Subcecipicnfs must
maintain docwnentation of re-evaluatio�} �lot fes.s tllan o�tcc every three (3) ino�itl�s of progra�n pa��ticiptuits'
eligibility and the types and a�nounCs of assistanc:e the progr�un pa�ticipaut neecis according to llae ►•equicements
outlined in §576.401.(a); and
{17)Mcetu�g witii case �nana};er: Subrecipientmust maintain documentation verifyingthat eacll program participa��t
r�eiving homelessness prevention or rapida�e-housing assistttnce has met regularly with a c�e rnanager (excc;pt
whe��e prnhibrted by Violcnce Against Women Act (VAWA) and the Family Violencc; I'�'evention and Secvices
Aet (rVf�SA)) ttnd that the a�istance pravider has developul an individualizecl pian to he;lp that pro�ram
participant reiain permane�it housing after the FSG assistance ends.
D. Open Rea�t�cls: Subrecipient acktiowledges ti.�at all information collected, assembled, or maititained by 5ub��ecipient
pec�taining to this Contract is subject to U�e 'l'exas {'ublic Information Aci, Chapier 552 of Texas Gove�•nment Code
and mtist provide citii�ens, public agencies, and otlier intere:sted p�u•ties wikfi reasonable ncce�s to all rec;nr�ls
pertaining to this Contraci s�ibject fa a��d in accordance witli the 1exas 1'ublic Itifor�nation Act.
L, Access tv ltecnrc�s; Subrecipient shall give thc HUD, fl�e U.S. Gene��al Accounting Office, the Tex�s Comptrollee, tt�e
State Aucli%i's Offce, and lleparhnenf, oe any of theic duly autl�orized represenfatives, acccss to a��d the rigl�t to
examine and copy, on or off'the premises of Subrecipieut, all records pe�t�ining to this Contiact. Such right t.o access
sh�ll ecmtinue as long as die records a��e retained by Subrecipient.
I�. Period cf liecof•c� Retenticm; Subrecipient lgroes to tnaintain suc.h records in an accessible location for ihe greater of'
itve (5} ye�t's a{ler the expenditure of all t:unds feom the grant, or the period spc�i�ed below:
(1) Where funds from this Contract are used for tlie renovation of �i emer�eiicy shelter involves costs chugect to tl�e
ESG gra��t that exceeci seventy-five percent (75%) of the va[uc of the buildin�; before renovation, recocds must
be i'etained until ten {10) ye�us afterthe date ihat ESG .funds a�•e firs�t obligated far the re�zovation.
C'age 5 oi' 22
- - :,.. ..
(2) Wliere Funds fi�om this Contract are used to convert a building into an emergency shelter �ut<l t}te cosls ctra�•ged [o
the F�SG grant for the coiiversiori excecd seventy-iivc perccnt (75%) of tl�e valne of the buildi��g after
convea�sion, ►•eco��ds m�tst be retained until ten (10) yeais afterfhe dale that LSG fui�ds ace firstobligated forthe
conversion.
G. Exceptions to the record retention per[ods outlinecl above include; (i) if notif ed by the Uepai�finent in writing, the date
that ihe final audit is acccpted wikh all audit issuc;s resolved.to tlie Depu�tment's satisfactiun; (ii} if any litigation
cfaim, ne�;otiatiott, inspection, or otl�er action has sta�•ted befoa�etheexpiration offhe reyuited retention period records
must be retnined u��til completioii of ti�e actian and r�.solution of �Il issues wlaicli arise unde�• it; (iii) a date consiste��t
with ��y othei� peciod requu�ed by federal or state (aw or i�egulatint�. Subrecipie�tt agrees to cooperate with ar�y
exa�nination conductecl pui�suanito f[iis SubsecCion. Upon teiluinatioa� oftlLis Contract, all records are property of the
T�eparhnenk
Ii. Subrecipient shall rnclude t[�e substance of t.f�is Section l 1 in all subcontracts.
�I'sCT10N 12. R�PORTING R�QUIRCM�NTS
A. Subrecipient shall subiuit td Ue�arcment such repoi�ts on the performance of this Confract as may Ue requircd by
Departmenf includin�, but not limited to, the reporis specified in this Section.
F3. Subrecipient shall elect�•onic�illy submit to the l?ep�rhne��t uo latc:r tha�� the fiftesnth (15th) day of each monih
following the ��epoa•fed monch in the Contract'I'e►•i�1 a perform�nce rei�ort lisfing required demogca�hic ii�formation,
the nu�nber of persons assisted, and fhc outcomes achieved intl�e previous mo��tli, a�id an expendiiucei-epoi� listi�ig al[
ex penditures of funds unda�• tliis Conti•act diu'hig the previous month. `Chese reports are due �ven if Subrecipietit has
no new activity to re�ort during the month.
C. Subz�ecipienls mus�t rep�►t client-levef data in tl�e Homeless Manageinent l�aformation System (HMJS) or a
co►np�u�able database. Provide►s of services to victims of domestic violence are only reyuired to report aggregated
data.
D. Subrecipient si�all submit a tinal performance repoit and a final expenditure re�oil: to dle Deparhnent wiUiin tliirty
(30) tlfiys aftcr ihe end of the ConU•act'J'erm, "fhe failure of Subrecipierli to provide a fitll accnunting �f all finids
expended under this Gontract within six4y (60) days sh�ll be suf�icient reason ioc DepacbnenC to deny or terminate
�ny 1'uture contracts wifh Subrecipiei�t. lf tiiis Contraci provides assist��ce �oc ce�tovation, rehabilit�tion, or
ca�iversion, i�i addition to the electx•o►iic final rep�rt; Sub�•ecipient shall submit cover �hotographs oi' ilie Cinished
consfivciion woek, and veri6cation of passecl inspections in the form of certificate occupa��cy.
E. Subreci�ieiit shall suUmit to .C)epa��tment no later than sixty (60) days after the tcr►nination of this Co��tract a
cumulative inve��toiy report of all equipinent having a unit acyuisition cost of $500 or �noA�e, acquirec� in wl�ole or in
part with funds t�eceived under this or previous �SG cantracts. Upon the tf:r�nination of this Contract, Depa��tntent
may h�at�sfer title to any eytiipment to the Deparhnent or to any other entity receiving T:SCr fi�nds from the
C7epar�ne.nt.
F. If Subrecipient f�its to submit witf7in fa��ty-five (45) days of its due date, any 3�eport or i•espo�ise reyuired by this
ConU�act, includi►��; responses to monitorinb reports, De��rtment may, in its sole disc��etion, suspend payments, place
SuUrecipient oti casl reimbursement metJ.lod of pa�ment, and initiate pa•oceedings to terminate the Contract. If
Si�b�•ecipicnt receives FSG funds from Depat�tment over iwo or more Contruct'Ietms, ter�ninatian proceedings may
be initiatecl on this Contract for Subrecipienfs failure to submit a renort, inetuding an audit repor� past due from a
peior contract,
G. Subrecipientshall provicle the Depa�tttient with a Data Univei•sal Numbering System (DIJNS) nu►nber and a Central
Contractor Registration (CCR) System nuinber. The DUNS number must be provided in a document ii�om Dun and
F3zads�treet a��d the current CCR number must be submitted from 1 docu�nent reU•ievcxl fi�om tlie
https://wwwsa►n.gov/portal/publi clSAM/ website. `1liese docume�its must be provided to ihe Deps►rfinent p�•ior to the
processing frst payment to Subrecipient. Subrecipient shal[ n�aintain a current DUNS number and CCR number for
the entire Conl��act'l'et�m.
P1ge 6 nf 22
SCCTION 13. CHANGI's� A.ND AMI�,NDMrNTS
A, Any eh�uige, addition, or deletiou to tlte tertns of this Cotttract required by a cl�ai�ge in state or fed�{•al law or
rr;gulatio�i is automatieally incorporaled hereici �id is effective on the date designated by such (�w or regulations.
I3. Excepl as specifically heovided otherwise in this Conhact, any changes, addilivus, or dcletions to lhe terms of this
Contract shafl be in writin� and executed by both P�rties io fhis Contract. If any Party returt�s an executed copy by
f�esimile machii�e or e]ecU'onic iransmission, the signing pa�•ty intends fhe copy of its autli.orized signature �frinfed by
the receivin}� machine oa� �lic eJectronic lransmission, to be its o�•iginll sign�ture.
C. Writler� requesfs for Confi°act amendtnent must be rec:eived by ihe .De�ai�lment by no latet it�ar� sixty (60) days prio.r to
tixe end of the Cona�acl'Tecm.
SCCTIOIY l4, PROGRAM INCOME
A. Program income includes any gross income received by the Suhrecipient direct(y �ene��f�ted Uy a grant supported
activity, or e�u•ned only as a�•esult of the gcant agreementduring lhe gc�it period.
f3. In accounting for progrvn incorne, U�e Subi•ecipient inust accur�tely re;tlect the r�eipt of sneh funds separate fi�om
khe rcceipt of' federaJ funds uu{ Subrecipient timds.
C. Progca�n income eained d��r.ing the �SG Contract Tcrm shall coiu�t towacd meeting tl�e Subrecipient's matching
re;quirements dtiring ihe Contr�ct Term and should be repo�ied 1s match, provicied the costs �re eligible t�SG costs
that suppl em�nt the SubA'ecipi Ent's GSG pcagr�un.
D.1?robra�n income received by thc; Sul�recipient during the t�vo (2) ycars fol lowing the end of the Contract Term mus�
be returned to ihe Dep�'tment Program incotne must be returned withii� teal (10) working days of receipt by thc
Subcecipient.
�;. Progrvn incof�le received by thc Subrecipient after the two (2) ye�u• period describcd in subsection (d) of th.is sectio�i
l�as ex�ired, can berctained by the Subrecipient.
4rCTInN 1S. Ty.CNNICAI, c�xn,�t�cr
Department may issue technicaf guidance to explain the rules atid pravide directions on terms of this Gontract.
S.FCTYOIV iG. INA�PCND�N'�' �(1BR�CIhI�,NT
lt is a�;i•eed that Dep��hnent is contract+ng with Stibreci�ient as a�l iildependent co�itractor. Subi'CCl(llCll� 1(;CCCS tp
indemnify Depa��tneut against any disallowed cosis or othei� claims which may be asseited by any tl�ird pa��ty in
cunnwtion with ihe services to be perfor.ined by Subrecipient under this Conhact.
SrCT].UN t'%. PROCORI�.MC[YT STANDAItUS
A. Subrecipient shall comply wfch � C.�.R l�art 84, this Contract, �u�d fi(t appfic;able federal, state, and local laws,
regulations, �uid ordinances for makinb procucements unc3e►� this Contract.
f3. When the Subrecipient no Eonger needs equinmei�t purchaseci with ESG grant tunds, regard(ess of purcliase peice, or
upon ihe terinitiatiou of ttais Contt'act, Uepaclment may take p�ssession aizcl tr•ansfer title to any such �roperly or
equipment to the DepArtment rn� to a ihird party or may seek reimbursemeuk fi�om Subrecipient of ilie currei�t unit
price oPthe iiem of equipment, in Departmeni's sole determination. Subrec.ip.ient must reyuest permission fi•ojn the
Department ta transfer title or dispose of equipment purchased with LSG gr�zt funds.
C. Subrecipienis and Uzeir contraetors must co�nply with Section 6002 of ihe Solid Waste Disnosal Act which rec�uires
�rocurir�g only iteins dc;signated in ilie Environmental Protection A�ency (}3PA) guidelines ihat contain ihe highest
percentage afrecovered �naterials, Subrecipienis irn�stalso:
{ t) maintain asatisfactory level afcompefitian ifthe purchasepricr; ofthe item exceeds $10,0U0, or thc valueofthe
quantiiy acquired in the preceding fiscal yea►� excceded $1U,000,
(2) inaximize energy ai�d t•esource recovery when pt•ocuring snlid waste manabement services, and
(3) establish an �ffi►•ix�ative procu��ement pro�;ram for recovered materials.
Page 7 of ?_2
;iI;CTlON.18. SUi3CON`fRACT�
A. Suhrecipienf may IlOi SU�COl1ICSCt ii1C [)l'1117�11'y �Cf�OPCT11f1CC UP i�11S C011fl'aCL 31id OIlIY lllilj� enter into c-0ntractual
�ree�nents for co��sulteng a�id other professional services if Subrecipient l�as received Depa►'Unent's p�•ior writie❑
approval. Subrec;ipient may subconh��et for the d�live�y of client �ssistance witliout obtainin� I)epartmenCs pcior
approvaL Any subcontr�act for tize delive�y of client assisfance will be subject to monilocing by the Dep�rimeut as per
Section 26 of this contract.
B. In no event shall uiy �n•ovisi�n of ttiis Sec�tion, specific��lly the requirement tliat Subrecipieni obf�iin Depa��trnent's
prior writ�;n a��proval of' a subcoiitractar, be coilstrueci as relieving Subrecipieiitof the responsihility for e��sucing tl�at
ihe pertorm�ices rendereci under all subeont�•acts are i•endea•ed so as to comply with all of tiie terms of this Coiitracl,
as if s�ich performances rendered wf;re rende�•ed by Subrecipient. I�epa��Lmen�s approval under this Section does not
consfitute adopcion, raEi�cation, or acceptance of Subrecipient's or subcont��actor's performance }�ereunder.
Department maintaitis the right to monitor aud requu�e Subrccipiey�t's i'ufl complia��ce with ihe ferms of this Co.nit'act.
T�eparhnenrs approval under this Section daes not waive any right of action which inay exis�t Ol' WI1lC�1 Illily
subsequcntly accrue to Aepactu�enl under this Conb�act.
Si;CTiON 19. L"NV.I.RO.NIVI�NTAL Ki�VIrW
Activities are subject to environme��tal ��eview under 24 C.�.R Pu•L 58. Ttie Subrecipient shal( supply [o the Depa�•tmeszt
all avai lable, relev�u�t inforn2ation necessfu•y to perfurm a�ry environmenfal review roquired for each pa�aperty as requirul
by 24 c.H•.rz. ���� ss.
T'f�e Subrecipient or its s�ibconiractor may not cUmmit or expend any E'SG funds until an e�yviroumeiital review thlt
meets tlie stand�u•ds oullined in 24 C.F.It. Parl 58 has Ueen reviewed at�d approved in writi►ig by the De��art�nent.
S�;C'f[UN 2Q. WItITT�N STANUARUS
Subrecipient tnust establish and consisteatly apply writteu s�tandacds within its prob��am. Subrecipienf m�ast provicle
`I�C>tiC:A a copy of the written siandards prior to contract execution. Requirecl topics foi• writteii standa�-ds as listed on 24
C.}�.R §576.4flU(e) include:
A. Pacticipant eli�;ibility;
T3. `t'argetin� �nd �roviding esscntial set-vices for Streel Out��e�ich;
C. Policies �overning stays in Emergency Shelter;
D. Policies gaverning essential services related to �inergency Sheiter;
1;. Goordination among providers;
['. .Participant contriGutions for l-Ioinelessness Prevention and Ttapid Re-�tousing assistance;
G. Duration and �mount of a�entZl assistance;
I1. Prioritizing i'eceipt of Homelessness Pcevention aftd Ka�.id Re-i•Iousing assistance; an.d
L Uuration and amount of lioY�sin�; staUilization and/or reloc<<tion scrvices.
SECTION 21. AiJDIT
A. Subrec+�ient shall subrnit to Deparnnent, withiTa sixty (GO) days after the end of each fiscal year, an Audit
Certification Form �.s speciFiecl by Depariment for each fiseal yeac in whicEi any moath of the Subrecipierit's fise:il
ye�u• overla�s a montl� of the Conh�act Term. �Jnless otherwise directed by I�partment. Subrecipient shall a�•range for
the perPoa�mance of an annual fina��cia) and compliance audit of fi�nds received and performances re�idereci u�lder lhis
Contract, subjc:ct to the tollowing condiliot�s a��d limitations:
(1) Subi•ec;ipieneshall have an auditcondacted in accUrdance wiQ� 24 C.F.It. §85.26, OMf3 Circular IA-133; and 3l
�1.S,C. 750i far any of its fiscal yeais included within the Contract Teem in which Subreci�ient has expenses of
more fhan $500,000 i�i staie funds or $500,000 in federa[ f na��cia] assist�utce provided by a federal agency in thc
fottn of grants, contracts, loans, loan guarantees, prope►ty, coo�erative agreements, i��ter•est subsidies, i��sur<vice
oc direci apprnpriations, but does not include diroct fecieral cash assisiance to individuals. The term fedei�l
fin�incial assistance includes awa�•ds of' finaneial assista�ice received directly fi•om federal agencies, or indirectly
• throubli othcr units of State �uid local �overnment.
P��ge 8 c�f 22
(2) Subrecipient may �dili7�e fuvds buclgetecl under lllis Contraet to pay for ihat portioii of t{ie cost of sucll audit
se�vices properly a(locable to the activities funded by Dc;partment under this Cot�tract. 'I'he c,�st of audiiing
se►vic:es for a Subrecipieizt expentling less than $500,000 in total I�ede��af awa�•ds per tisc�tl ycar is not an
allowable char�;e under Federal �wa►•ds.
(3) CJnless othe�•wise specifically autilorixed by Deparqnent in writing, Subrecipient shall subinit two (2) copies of
the ludit re�oti to the Ih:pa��ment's Compliauce and Asset Oversight Division and one (1) copy of the auciit
i•epo�t to tt�ebepartment's Community Affairs Division within ihi�ty (30) days �fter complelion of the audii, Uut
no later ihan nine (9) i�lonths after tl�e end of each fiscal period inclucled witltin the period of ihis Contract.
Audiis performed tmdee t{�is sectio�l arc; subjeci to re�iew and ►•esolutioi� of findings by the Dep��tmenC or its
authorircd represenf�tive. Subrecipiei�t shall submit such audit reporl to the i'edera( clea�•in�house desigriated by
OMB in acwrda�xce with UMD Circular A 133.
(4) At the option of Subrecipienl each audit requif�al by this section tnay cover S��brecipietit's entire operations or
each depa�-tment, ageney, or est��blishment of Subrecipientwhicl� receiveii, expended, or otherwise ldministered
federal funds.
T3. Subsection !t of tl�is Sectio�i 2l notwiths�tanding, llepartment reseives the right to co�.�di�ct an annual financial and
com�liance audit of t'iincis received and perforinanees rendcred under this Coniract. Sub�•ecipient abcees to permit
T)epartrnent, or its �uthorized representative, to audit Sub�`ecipient's cecords ancl to oblilin any dociiments, tnaterials,
or information neeess�ry t�� facilitate sucl� audit, Such finaneial and eo►npli�ice auctits may oecur aiier the elose of
the ConU•fict "1'erm.
C. SuUcecipient undcrslands �nd a�;rees that it shal l be 1ia61e to I)epa��tment foz• any costs disal loweci pu rsuant to financi?I
and co►npliance audif(s) of funds received undcr this Coniracf, Subrecipieirt further understands �ld agrei;s thal
re[.mbursenienf. to Depu�rnent of sucfi disalloweci costs shall be paid by Subrccipient fi•om fuTads whici► were not
provideci or otherwise made available to Subrecipient �mciea' fhis Contract,
I). Su6recipie�at shall take such action ta fACilitate ihe pei�forit��uice of such audii or �udits conducted pursuant to this
section as L�:pa��trnent may req uiA•e af Subrecipieiit.
E, All ap�roved LSG audit reporfs shall be macle availab[e for pul�lic i nspc:etion within thiity (3U) clays after completion
of tlie audit.
i'. 'll�e Subrecipietit sliall include luaguagc in arry subconh-�ct that providcs the Dep�utment the ability to directly
review, monitor, and/o�� auciit the operational <u�ci finaneial perform�nce and/ot� records of work performed undet• diis
Contract.
G. T)eparlment reservesthe right io conduct additiouat audits of the funds received and performances renderecl uzider tlus
Cnntract. Subrecipient abcees to permit Depu•tment or its authorized re�reseutative to audit Subreoipient's records
�uid to obtaie� any documents, materials, or informatian necessary to facili�ate such audit.
SECTION 22. M�NAGEIVIi:NT UF I;QCIII'M�NT ANll CNVF.NTORY
A. Sub.recipietit shall com�ily with QMl3 Gircular f1-102, 24 G.r.It. §§8�.32 - 85.34 and t0 TAC 5.09- 5.10.
f3. SuUrecipient may not ose fwids provided under tl�is ContracC io puref�ase pei;u�nal property, equipmenf, gaods, or
se�•vices with a unit acctuisition cosk (the net invoice u►�it nrice of an item of equipment) of more tl�an $SOO.UO unless
StiUz�ecipient has receiveci the pcior written approval ofDepa�•tment for such puccha.se.
C. Upon the tei•mination or non-re�zewal of this Coniract, Uepartment may transPer tit(e to any such pmperty or
equipment having a useful life of one year or more or a un ii �c:c�uisitipn cost (the net invoice unit price of an item o f
eq uipment) of $500.00 or morc to itself or to any other entity receiving De�artment funding.
SCCTIpN 23. TRAVCL
Subrecipie��t shall adhere to OMB Circula�• A-87 and either its boaed-app�'oved fr�►vel po[icy, or ihe S€ate of Texas t►�avcf
polieies. Subrccipiei�Cs writtc.n travcl policy sl�all delineate the rates wlticil Subreci�ient sf�all ase in computing Q�e
iravel �uid 1�ei•dienrcxpenses of its boa�•d members and employec:s.
Pa�e 9 of 22
SI�;C7'ION �4. INSt)CZANC� A.�tl) I30NUI�tG RL(�UIRI�MrN`f'S
Subrecipieut sl�aU maint�iin ade��uate personal injiny and property dank�ge liability i�isurance o��, i1'Subrecipient is a unit
of local government, shal] maintain sufficient reserves to protect a�ainst fhe haz�a�ds a��ising out af or in conuection w+th
tlle perfoerna�lce of' ll�is Contract. Subrecipient isencoucaged fo obtain pollution occurrence insurance in addition to the
general liability insurance. Generally, �•e�ular liaUilit�� insurance policies do not provide coverage for potei�tial cffects of
many health and safety measures, such as leaci disturbances aud otlier polluf[at� occucrence items. Subreeipient should
review existing paliciesio determine if lead contamination is covcred.
lf Subrecipient will enter into a construclion coniract with a third-p�u�ty in the a�nount 625,000 of �eeater, Subrecipient
must execute with the con�•aetor a pay�nent bond in ihe fi�ll �nount of the ec�ntcact. lf the Subrecipient will enter into
c:ontract with a prime eontractor in excess of $100,000, a perfor�tt��ce bond in the full a�nounl of the contrlet is also
rec�uired. ".1i�ese bonds must be executed by a corporate surety authori�.ed lo do busiiless in'('e�as, a fistoFwt�icl� inay Ue
obtaincd fi�om the State liisuraiice Department Sucli assura�ice�s of cotnpletion will cun to the Depa��hnent as obli�;ee �tld
must be documented prior to the sta��t o f canstruction.
STCT[ON 25. �..TTI(�ATIOIV AND CLAiMS
Subr�ipientshalf give Departmeut immedilte written �lotice of a�iy claiin or aclioti fifed with a court oradminist��ativc
agency against Su6reci�ient antl arisin�; out of tiie p�rfiormu�ce of this Co�t(racf or �u�y subcontract lieceuude�•.
Subcecipient shall. i'i�rnish to Deplrtment copies of all �ertineut papers received by Subrecipient with respect to such
action o�� claim.
SrCT.ION �G. TC,CHNICAI, ASSTSTAIVC� AN.D MUNIT0121NG
T)epai�qnent or its designee may canduct periodic on or off-site mon.ito��ing aud evaluation of the efficiency, ec:onomy,
and efficacy of Subrecipiei�i's peE•formance of tE�is Conh�act. Department will advise Subreeipient in writing of �t�y
dcficiencies noted during such monitoring. Depa�tment will provicle technic2l assistance to Subrecipient and will rcqui re
or suggest changes in Subrecipient's progra�n iinple�nentation or in Subrecipieni's accounting, personnel, procurement,
and mana�ernent procedures in order to correct a�ry deficieticies noted. 17epa�fiment may conduct follow-up visiis ta
review and asse:ss the efforts Subi•ecipienY htts made to correct previous[y noied deficiencies. l�epartment u3ay place
St�brecipient on a cost i•eimburscmeiit metEiod of payment, suspend or teivninat� this Cotitract, or i�ivoke otller remedies
in the event iaionitoring oe other reliable sources reveal material defcieiacies in Subrecipient's perfortnance or if
Subrecipieni fails to correct a��y dc:fcicncy wiihin tlietime alloweci by federal or state law or rebulaiian or by tlie terms
oPtttis Canhact.
SEC1'YOI�I 27. LCGAC, AUTHORiTY
A. Subrecipient assures and guarantees that it possesses the legal authority to enier rnto this Contracl, to receive and
maz�age the funds authorizecl by H�is Cout+�act, and to perform the services Subrecipient l��s obligated itself to perform
hereund�r. `Clie execution, delivery, �id perfor�n�uice of this Contract will not violate SubrecipienYs constitutive
documents or any req�iirament to wllich Subrecipient is subjectand represetrtstlte lega{, valid, and binding agceemcitt
of Stabeocipienf, euforceable in accordance with i�s tecros.
I3. Tiie peison signing ihis Contc•act on behalf of Subrc;cipGent lieieby wan�a��ts that hc�she has be�n duly authorized by
Subrccipie�lt's guve��ning board to execute tliis Coni�•act on behalf of Subrecipiefrt a��d to validly ��d legally bind
Subrecipient to the te►•ms, p�'ovisions and perfoim�utces herein,
C. Depai�Unent shall liave the ri�ht to terminate this Coirta•act if there is a dispute as to the (egal aathority of eitl�er
5ubrecipient or the person signing this Contract on behalf of Subrecipient to enter� into this ConU•act or to render
pe�•formances hereunder. Subrecipient is liable to I�eplrfinent for �uty money it has received fi�om Dcpu•tment foa�
performa�tce of the provisinns of this Coz�lract, if the Depa��tment has terminat�d this Contract for reaso�is enumerated
in this Section 27.
SECTYUN 28. COMPLiANC.� WiT.N LAWS
A. Ca�iUERAI.,, S�i'ATf; AND LOCAa.. i,AW_ Subrecipient shall comply with the MeKinney-Vento I�Iomeless�ie�
Assistatice /1ct, the fedei•al rules azid reg�daiions promulgated uncter 24 C.f+.Tt. Pa��s 58, 8�, 9l, 576, 582 and 583,
Title IO of lhe '7'exas Adminisd•ative Code, a��d all fecleral, staie, and local laws and regulations app(icable to the
perf'ormance of tltis C;ontract.
P�ge 10 of 22
I3. 1�RiJG-I�iZLE WQRKI'LACE;_ AC'1' UI� 1.9�H, The Subcecipie�lt affinns Uy sigiiing this contraet tltac it is
iin��lementing Q�e.Drug-I'ree Workplace Act oP 1488 (41 OSC 701 .el seq.}.
C. LiMITED I:NGI,ISH PROFICCF�NCY_,_(_[.EP . Subrecipients must provide program �pplic�trous, forms, and
u(ucational materials in English, Spa�lisli, a�id �ny aE�prapriate la�iguage, based on ihe needs of the sei�vice a�•ea and in
c:ompliance with the requirements in k�xucutive Ordec 13166 �f August l i, 2000 reprinted at GS F.R 50121, August
16, 2000 improving Access to Sci•vices with Liu�ited L•'ng(ish Proficiency (I,EP) at 67 i'.I.t. 41455. To ensui•e
compliance, the Subrecipient must take reasonable steps to insure that pei�sons with Limitecl Bnglish Proficieney laave
meaningful ac;c:essto the pr��;c2m. Me:aninbful <u:cess may entail �rovide langua�;e assist�1nee services, includin� oiaL
�u�d writte�i iranslation, wliere �iece�ary.
E�, ACCESS. SuUrecipienf musi meet tl�e �cessibility st�u�dards under Section 504 of the Rehabilitation Act of i973 (5
U,S.C. 794) a�id its impleulentix�g regulations at24 C,F.IZ Part 8, The Faic Ilousing Acl (42 U,S.C. 3601 et seq.) and
Titles Il and T1I ofthe America�is with Disabilities Act (42 U.S.C. §§ 12131-12f 89; 47 U,S.C. .i 55, 201, 218 and 25S),
SuUrecipients shall operate e:acli pro�ram o►• activii�� receivi��g I;SU fnaneial assistance so that ilie progrun or
activity, when viewed in its entit•ety, is readily accessible and usable by individuals witli disabiGties. Subrecipients
a�•e also required to pF•ovidc reasonable accommodations for pe��sons wiCh disabilities.
F... LI;AFJ:1_,ead-based paintremediatio�l and disclasm•eapplies ta all E:SG-fu►�ded shelters andal! Ifousing occupiectUy
GSG p�u•ticip�r�n. '�lie I.ead-�3asc:d I'�int Poisoning Prevention Act (42 U.S.C. 4821-4846), the i2esidential
i.c:ad-T3ased 1'aint 1-l��u�d IZcduction Act of 1992 (42 U.S.0 4851-4856), and tl�e relevant sub��a�is of the
impleinenting regulations at 2Q C.F.R. Part 35, Subpai�ts A, 13, }1, J, K, M a�id R tzpply in activities under this grant
program. Tfie Subrecipic:nt must also comply with the Lead, Reriovation, Repair, and Paiiiti��g Progea�n C'inal Ttule, 40
C.I'.R. Pa�-t 745, wliere applicable.
�rCTiON 2<). PRE'Vx:NTION OF WAS'�'F, F�2AUD, AND A�3U��
A, Subreeipient shall establisli, maintain, and uiili��e systems and procedures to pre:vent, detect, and correct wasCe, fi�aud,
and abuse in �ctiviti�s fundui under this ContracL 77�e sysie�ns �uid procedures shal( addre� possible waste, fraud,
u�d abuse by Subrecipient; its tmployees, clients, vendors, su6contr�ctors and ldministering agencies. Subrccipient's
internaa conl�•als systetns �uld all transact+ons and other signifca�it eve��ts �re to be cle��rly documented, �nd the
documentation isto bereadily available for tnonito�•itig by l�ep�u�tmcni.
!3. Subrecipient s1iz11 give Depv�tment complete access to all af its recorcls, employees, �nd ageizts for tl�e purpose of
monitoring or investigatin� tlie �SG progra�n. SubrecipienC shall immcdiately iiotify pepartment of a��y discovery oi'
wasie, fraud, or abuse. SuUcecipient shal[ fully cooperate with Deparlmenl's effocfs to deiect, investigate, and p.revenf
waste, ti•aud, and abuse.
C. Subrecipicnt may not discriminate against a�iy employee �r other person who reports a violation of the te�•�ns of lhis
Contract, or of any law or re�ulation, to Uepa�•lment or to any appcopriate law enforeement authority, if'the report is
made in gaod fai�i.
STCTI�N 30. C�R'�'IFICATION RrCARDTNC UNllOCUM�1�Tf�D WORKLRS
I'ursuantto Chapter 2264 of the Texas Government Code, by exc�ution of this Contraet, Subrecipient hereby certif'i�.s
that Sub.rcci�ient, or a branch, division, or de�artment of Subrecipient does not and wili not knowingly employ u�
undocumenied workec, wheee "undocumented worker" me�u�s an individual who, at the time of employment, is not
lawfulty admitted for permanent r�sidence to the United States or aud�orized under law to ba employecl in fhat manner in
the United States. If, after receivin� apublic subsidy, Snbrecipient or a bcanch, division, oi• depa��tment of Subrecipient
is coi�victed of a violation under 8 U.S.C. Section 1324a (�, Subrecipient shall r�;�ay the p��blic subsidy with interest, at
the rate of five percent (5%) per annum, not later than tl�e 1201h day after the date the pepartment notifies Subrocipient
of ft�e violAtion.
1'a�;e I J of 22
src�r�oN 3t. co���.tcr or �rvrr�i�sl��r��;ro�ri�m
A. Subre;cipient shall main��tin wt�ittei� st��nciards of conduct governin�; the pei'forrnance of ifs etnployees en��ged in the
awardand acltninistration ofcontracts. l�ailureto maifitain wrieten st�ridards ofcoiiductalid to follow a�ld enfoi'cetlie
written standards is a condition of default under this Cont��act and may �•esult in te�•mination of the Conh�act oe
deoblig�tiou of fu�ids,
13. No empfoyee, officer, or agent of Subrecipientshall p�rticipate in the selection, �ward, or ad�ninisfrafiotl of a contract
supk�orted by federal fu�ids if � ceal or app�•ent c:o►iflict of intsrest would be involved. Such a eo�iflict would arise
when the employec:, ot�icer, or agent, any me�nber of his or her immediate f'a�nily, his or lier pa�lner, or an
orgaili7liiion which employs o�- is about to emp[oy a��y oPiiie Parties indicated herein, has a fina��cia! or other i��tcrest
iu ihe firm selectui for a�i aw�rd. 7'his also applies t� the procurement of goods and sea�vices undea� 24 C1'.R Pu�t
$536.
C. The officers, en�ployees, �ld agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anytltn�g
of moc�etuy value from conmactors, or parties to suba�reements, Sub��ecipients may set standa��ds f'or situations in
which tlie financial inferest is not subs�tntill or the gift is an �msolicited item of noininal va(ue. 7'lte standa�'ds af
conduct shall provide for discipin�a�y actions to be applied forviola�ions of suclista��dards by officel•s, empfoyees, or
agents of the Subre.�cipiet�i. '
l�. Subrecipients who arc local govei�nmental entities shall, in addition to the requireme�its of this Section, fol{ow the
r�uirements of Cha{�ter 17] of t[�e I,ocal GovermnenC Code reg�rciinb conflicfs of interest uf' officers of
municipalities, counties, �nd ccrtain otlier local governtne�its.
�. Tfie provision of' any type or amount of ESG assistance may not be condiiioned on an individual's or family's
aeceE�fance or ou;upancy of e�uergency shelter oc fiousii��; awned by the recipient,llle Subrecipient, or a pa��enl or
subsidiary oTthe Subrec;ipietrt.
F. No SuUrecipienY may, with respect to individua.ls or flinilies occupyiz�b housing owned by the Subcecipient, or �u�y
parent or subsidiary of thc 5ubrecipient, cany out the initial evaluation required urlder §576.401 of the ESG
Rebula(ions or adminis�te�• Ilomelessf�essprevention assistauce under §57G,103 oftheFSG Regulaiions.
�CC'.CIOf�I 32. 1'OI,CTICAL, ACTIVITI! 1'.RUHI�3ITED
/�, T4one of the funds pi•ovided ui�dc:r this Conh•act shall Ue used for intiue�tcinb tlie outcomc of �ny election, or the
passage or de�eat of any legislative measure. This prohibitian shall not be construed to prevent a��y ofticial oi•
employee of' Sabrecipient fi•o.m furnishing to any mernber of its goveruinb body upon request, or to a�iy other local ar
slate of�iciaf or employee or to any citi7.en infacmation in the hands of the employee or off'icial not considered undec
law to be confidential info��ination. A�►y action taken against �u► employee or offieial for supplying such infoE•fnation
sha[l subjecttl�e person initiatin�; the action to im�nediate dismiss:il from emp[oyinent.
B, No funds provided under this Contract may be used direcfly or indirectly to hire em�loyees or in any olher way fund
o�• support candidates foe the lebis[ative, executive, or judicial branches of �overnmenk of Subrecipieut, the State vf
"1'exas, or the �overnment of tlie United States.
S['CTIUN 33. NOIY-ll1SCR1MlNAT.ION AND GQUAL (?PT'ORTUtYYTY
A. A person sltall not be excluded fi•ozn pa�ticipation in, be dcnted the bene�ts of, be subjected fo discriminatio�i uncfer,
oa• be denied employment in the administ�•ation of or in connection with any program or activity fuc�ded ici whote or in
pai�t with funds made available under this Contract, on the grounds oFrace, color, celi�;ion, sex, national origin, age,
disability, poi itacal affiliation or belief.
13. Subrecipient agrees to carry out an Fqual Employment apportunity Program in keeping with tl�e pt•inciples as
provitluf in 1�•eside�►t's Ixecutive Order 11246 of Septembe�• 24, 1965.
C. Subrecipient wil] include the substaace of Section 33 in all subcontracts.
Page 12 af 22
�LCTiON 3�. C.1�,R'1'�I+IC',A'T'ION ItI,GARDWG CT,RTAII� llISASTLR [2FLI�:r COIV'I'RACT�
"1�1�e I�epartment �nay not award a Concraet that i ncl udes proposed fi nancial pa��ticipat�on Uy a E�e�,��i wl�o, during the five
yea�� period preceding the date of th.is Co��tract, h�.s been convicted of violating a federal law in connection witlf a
c:onU�aci awardect by the fecieral government for relief, recovery, or reec�nstruction effo�ts 1s a result of 1�Curriea��e TZit�, as
defined by Section 39.459, Utilities Code, Hurr�cane Katrina, nr any odie�• disastcr occurring after September 24, 2005;
or assessed a penally in a fecleral, civil or adtninistt�ative enforeemen� action in connectioi� wilh a contract aw�uded Uy the
fedei�l bovernment tor relief, recove�y, or rea�nstruct�oa� efforts as a result of Hurrica��e Rita, as defined by Section
39,459, lJtilities Code, I-l�u�ricane Katrina, or any other disas�ter occurring �fter September 24, 20Q5.
Ry executioo of this Contract, the Subrecipient hereby ce��tifies that it is eligible to pa�-ticipate in �SG and acknowfedges
ihat this Conh�act may Ue terminated and payment witl�he{ci if fl�is ceitifictation is i��accurate.
SI�,CT10N 35. C�RTIFICAT(Ol� R�GARD.INt: MAINT�NAtYCE O�' X,�FORT
Funcls provided to Subrecipient under Ik3is Cont.ract may not be substitutecl foc funds or resources from any other source
or in any way serve to reduce tlie funds ac resources whieh wou(d have been available to or provided through
Subrc�c:ipient had this Contractnever been executed.
SrCTtUN 3G. iI�BARI2�U AND SUSP�Nll�D 1'ARTI�S
By signing this Cotttract, Subrecipie�it eectifies that neither it nor its cui'rent ��c�inciple k�arti�s aee included in tite �xcluded
1'ariies l,isl: System (CPI,S) mainlained by the Gerleral Services Administration (GSA). 5ubcecipient also c;ei•lifies that it
wiLl notaw�,•d any funds provided by this Coirtrzct to a��y party tiiat is debarred, suspended, or othcrwise excluded from
or incligiUle forparticipa6on in fedei•al assista�iceprograms under Lxecutive Ordea' 12549. Subcecipientagrees that prior
to ei�teriiig into any agreement with a potential snbconfraetor thaC the verifcation process to comply with U�is
requirement wilt be accompEished by checki��g the �xcluded Parties List Syslem at http://www.epls.gov/ or by collectin�
a ce�tification fi�om tlie potential subcont��acto�•.
SCCTION 3i. SPGCIAi. C4I�IU(1'IONS
A. Depatlmcnt shall not,•elr�se any fi�uds undea• tltis Cont�act until I�:�a�'tmet�t Itas defeen�ined ihat Subrecipient's fisca]
con��o[ and fiitid accounting pirocedu��es are adequ�tite to assurethe proper disbursal of and aceouniing for such funds.
13. Uepai�nent shall not release any fun ds under this Conlract until Uepa��tment has received a properly co�ng#eted Uiiect
Dep�sit Authorization form fi•om Subrecipient.
C. Subrecipient shail oUligate (as such �crm is defi�led in 24 C.RR. §S'IC,203) all fui�ds provided under this Con�•act
within 120 days as ofthc date in Subrecipient's award letter. Depai�Gnentwill rec�lpfure any funds not st� obligated.
D. Subcecipient shall ensure that any building rehabilitated with funds providecl undcr this Cont�•aet is maintained as a
shelter fo�� the homeless For not less than a three (3)-yea�• period or for not less tha�i � ten {10)-year pe��iod if such
funds ��e used for major rehabililatiau or convea•sion af the building. '[iie applicable period sl��ll be calculated i��
accordance with 24 C.I'.R. §576.
I;. ff Subrec��ient uses funds received un<ler this Caitract to ��covicle ess�ntial services, homeless prevention, oz•
maintenanc� and operating costs, the activities rnus�t be ca��ried out until all of the 1'unds made availabie under t.his
C;qnh�flct for such activities are expended oc for fhe Conti'act Tertn, whicliever is sl�n��ter. Subcecipicnt rnay use one oc
mo��e sites or s4ructures to c�•�y out the activities but it musl seive tlie same general population. `fite "satne general
population" means the rypes of homeless persons originally seived with ihe fi�nds o�� persons in the sa�ne geographical
a�•ea.
i'. Subrecipie��i shall make known ihat use o f the faci lities and sei•vices funded under ihis Contract a�•e available to alt on
a notidiscri�ninatoty basis. Subrec:ipient also must adopt aaid i►nplement proeedures desibned to in�ilce available to
interes�led per�ns information conceminb tlie exisience and location af serviees at�ci facilities fhat are acc;essible to
persons with a dis�Uility.
G. Subrecipient shall admi�iister, in good f�ith, a policy desi�;ned tn ensure that its homeless facility is free fram the
illegal u�e, possession, ar distribution nPdru�s or alcohol.
I'uge 13 of 22
i-I. 1'or a�iy ESG activities that «roulct result iit the displacetnenf of persons c�r businesses, Subrf;cipient must fallow
Uniform 12elocation Assish�uice and Real Property Ac:quisition PoliciesAcf of 1)70 (42 U.S,C. § 4201- 4C55} {URA)
and its implementing regulatioits at49 C.T.R ,T'art24, Subplti�, and 1-1UD Ha��dbook 1378.
I. Subrecipient shall, to the maxunum ex[ent practic:able, involve, du�ough employ►nent, volu�ateer secvlces, or
oilteitivise, homeless iudividuals and fan�ilies in constructing, renovation, maintainin�, anci operating facilities assisted
u��der this Coiitracl, in providing services assisted ui�der this C�ntract, and in providing seivices fo�• occupants of
Cacilities assist�d under this Contracf.
J. SubrecipieAats utilizi�tg C?SG funds for renovation, repair, rehabilitatio�l, or conversion of build ings are responsible for
a�tnpliance with 24 C.F.R Part 135, referreci to as "Sc;ction 3," and shall incfude the clauses listeci in §]35,38 inall
subcontracts covered by Section 3. rIomeless ir�dividuals have priority over Seciion 3 residents.
K. If Subrec:ipient intends to pcovide eane�gency shelter for liomeless persons in hotels or motels, or other commercial
facilities providing iransielit liousing, Subcecipient ntust provide tlte l�epat�tment with a c�rtification that; (f ) leases
negotiated between Suhrecipient and pro�iders ot'such l�ousing peovide or wil! provide d�at the livin� space wi(( be
rented at substantially less that the daily room rzte otherwise cha�•�ed by tiie facifity; and (2) the Subrecipient has
considered otl�er facilities as emergency shelter, anci has determineci that. use of the facilities p�rovides tlie most
cost-effective m�u�s c�f providin�; emecgency shelter in its seivice area.
I.,. Subrecipier�t shall cfevelop aud i►npleinent pi•ocedures to ensure the confidentiality of recocds pe�•tairain� ta a��y
individual provided fvniiy violence preveirtion or treatment services u�ider any project assisted under this Contract,
�x[ that the addr�:ss orlocfltion of a�ry family violence shelter ncaject nssisted will, exc;e�t with w+•itten aut(iorization
of the pe.r�n or perscros �•esponsible for the operati an of suclt shelter, t�ot be made puhlic.
i+il.Subracipieni sha(t ensut'e that any building for which ESG amounis are used 1�or renovation, conversion, or inajor
reliabilitation must meet (oca[ �overnment safety and sanitation sta��dards a�id shelYcr w�d housing sta�idards as
outlined in §576.403 oftl�e LSG .Regulations.
N. None of the funds p�•ovided u»der tl�is Confiacc may be usecl in c:onnection wiih any dweiling unif unless the unit is
proiected by a hard-��ired or baiteiy-operateci smoke dei�ctor u�sfaUed io accordaalce with Natioual Fire 1'rotection
Association St�u�d�•d 74.
SI;CTION 38. NO WAIVZ+;R
Any right or remedy given to DeparGnerrt by this Contract shal l not preclude t��e existenc:e of any otlier ri�ht or remedy;
iteither shall any action taken in tl�e exerc[se of any right or remedy be deemed a waiver of any other rigi�t or remcd��.
The fai luce of Aepartmentto exercise a��y right or remedy on any occasion shalt not constitute a waiver of Oepa��tment's
right to exc;rcise that or any other ribht or remedy at a Iater time.
Si;C,`C'ION 3�. OTtAI, ANll W12.XTTGN A,GRI:I;MEN"fS
A. /��� a'al and written �;rcements betweer� t��e partias to this Conb�acl relati ng io the subject malter of U�is Coniract have
been reduci:d to writin�; and a��e contained in ihis Cnntract.
I3. T�he attachments en�imer�ted a��d deiiominated below are a pa�t of tf�is Contract a�id constitute proinised perforinances
under ihis Contr�tct;
I, Exhibit A- Pe��farmance Uocument
2. T:xhibit B - Budget
3. E;xhibit C- Match Rec�u'rrements Document
4. Exhibit D- Applicahlc Laws and itegulatians
S. Exhibit E- CerLificatiou R�garding Lobbying foc Contrxcts, G�•ants, Loans, and Cooperativ� A�reeinents
SGCT'14N 40. SI;V.[:RA�ILITX
If'any section or provision ofthis Contract is held to be invalid or unenforceaUle by a courtor an administ�ative h•ibunal
of competent jucisdiction, the remainder shaU remain valid and bi❑ding.
Page l4 ot' 22
SI�C'I'10N 4l. C�OT''YR1C,H'1`
Subreci��icnt may copyright materials developed in tl�e performance of this Contract or with funds expended ur�der tliis
Coiitract, llepa��ment �nd }:lllll siiall each l�ave a roy�tlty-free, no�iexctusive, and irrevocable right to i•eproduce, publish,
or otherwise use, uld to autliorize others to use, tlie copyci�hted work for governmeiit purposes,
SECTION A�. USG OF ALC4HULIC BCVI?RAGG�
i�unds provided uitderfhis Contract anay �lot he used f�r fhe paymentof sal�'ies to �ny Subreci�ient's employees who use
alcol�olic l�eve��ages while oii active d��ty, for tr�avel expenses expended #�ir alcoliolic beverages, oc for fiie p�u�cl�asY; of
alcoholic beverages.
SI:CTIOiV 43. TAITH 13A�ED AND �ECTARIA�N ACTiVITY
Funds provided under this Contract may n4t ve used for sectarian or inherently religiaus activities such as woiship,
religioas instruction or proselyti�tion, and must be for the benefik of persons reg�rdless of religious a�iliation.
Subcecipient sltall comply with the regulations promulgated at 24 C.F.R, §5'76.406.
S�;CT�ON 44. FORCG MAJURI;
If tlie obligations are <lelayed by tl�e foflowin�;, an equitable adjusUnent wil[ be macie for delay or failuce to perform
liereunder:
A, Any of lite fol(owing events: (i) catastraphic wcather conditions or o[her extraordinaiy elemeats of nature or acts of
God; (ii) ac(s of'wac (decl�u�ed oa� undeclared), (iii) �cts of ferrorism, insurrection, riots, civi] disarders, rebellian or
sabotage; a��d (iv) quarfantines, emUargoes and other simil�u• unusual actious of feder<<l, provincia[, local or forci�;u
Goverrnnental Autliorities; a��d
[3. T11e uo�i-perfot�ming pa�ty is without fault in caiusing or failing to prevent tlie occurrence of suc�a event, u�d such
occu�•�•ence could not 6ave bcen ciroumvented by reasonable pcecautions and could uot have b�en preveuted or
ci rcumventc� through tize use of comnleccially re�uonable alternative sources, workaraund plans or other aneans.
Sl:CTIUIV aS. TfM� 1� OF TE[E T;SS�NCF,
'I'ime is of flle essc:nce with respect to Subreci pient's co�npliance with ail cover�a��ts, ag��eenxtnls, terms �u�d c;onditions of
thi s Co titraci.
SGCTION 46. COUN`I'FRPART� AND I�`A,CSIMIL� SYGNATURES
This Contract may be executed in one or more counterparts e,�tch of which shall be deemed an original but ap of wltich
fo�e[her shail canstitute one and the sa�ne instrument. Signed signature pabes may be h�ansmitted by facsi.mile or othec
e{ectronic transmission, and any such signattire shall have the same i�;gal effect �.S an ori�;inal.
SI�:C'1'IUN 47. NUMBTk�., G�ND.EK
LJnless the conlext requires otherwise, the words of the rnasculine gender sh�l l incf�ulc tlie feminine, and singular words
sl�all include the plural.
Page 15 of 22
SECC'[ON Afi. NO`C'ICI:
A. ]f notice is providecl conc;ernin�; this Contract, notiee may be given ai ihe following (herein refen•ed to as "Notice
Adciress"):
As to Ilepartment:
`I'EXAS DFPA[tTM�N'I' QF HOUSING AND COMMUNITY �1FFAIRS
P. O. �3ox 1394]
Austin,'1'exas 78711.-3941
Atteiition: Michael De Youri�;
']'elephone: (512) 475-2125
I�ax: (512)475-3935
mi chael .deyoung(a�,tdk�ca.sfate.tx.us
As to Subrcc'rpiei�t:
City of Denton
CO1 E, l�ickory Street, Suite i3
llenton, TX 76205
tlttention: George Carr�pbell, City Manager
'i'e[ephone: (940) 349-7756 Fax: (944) 349-7753 }stnlil: george,campbell r�cityofde�iton.com
B. All notices ac other comrnunic,�ttions hereu�►der shafl be deeined �;iveEl wtie�� delivere�i, mailed by overni�;htsetvice,
or five days after tuaifing by cettifteci or regisberecl mail, posta�e prepaid, return receipt reque.eted, adclressec{ to the
appropriateNotice Address as defined in tl�e above Subsection A oPthis Sectian 48.
S�CTI01�I 49. V�lVYJ� AI�TD JURTSDTCTIUIV
'I'his Contractis cielivered <uid ii�tended to be performed in the State of'l'exas. Foi• purposes oFliti�;ation pursu<v�t to this
Contract, venue shal l lie in `ti•avis County, "I'exTS.
t�;XGCUCED to be effectiv� on Octuber Ol, 2012
Ciiy of Denton
a political subdivisio�a of the State of Texas
�Y=
Titl e:
Date:
TN.XA� llET'ARTMI:NT OF HOUSING AN� COMMIJNITY AFFAIR�, a�ublic and o�ci�l
�gency of tYie �[ate o�'Texas
By:
`I�itle: Its duly aufhocized officer or representative
Date:
Pag4 I6 of 22
'I'1�XA� DEPAR'rM1:N 1 Ol4 IiOUSING ANI� C()MIVIUNI'1'Y AX+T�AiR�
CON"I'ItACTNO. �t212000]530 i'OR'CHE
FY 2012 �ME[�GI:NCY SOI;UTIONS GRAN'l'S (ESG} PTtOGEtAM
CFDANU. 14.231
EXF-11BI'I' [1
I'�R['OIZMANCF f�OCUMIiNT
City of Denton
a politieal s�ibdivision of tFie State of Texas
Peri'orznance SYatement
Oetober 1, 2012 - Scptember 30, 2013
FINA�IC.�AL �XE'�iV�ITU�2C 12CQUIREMENTS:
To assure ti�e �i►nely artd appropriate use of LSG funds, ihe De}�artment I�as establishect the tollowii�g expenditure benchma��ks. '1'he
Depa►�cnent will review Subrecipieut pe��formance in ex��ending progra�n fuc�ds on a qua��te��ly basis. SubrecipienC is advised thlt failuee
to expend funds in a timely f'a,shion may affect fature funding opportriniYies.
Subrecipients tnust follow the followin�; expenditure schedule:
Contract. ] 0% expeuded as provided in the Budget by the end of tlie f rst quarter-t)ecetnber 3 i, 2012.
Contract 40°10 expended as provideci in the .Budget by the end of th.e secoitd quatrter-March 31, 2013.
Contraci 75% expe�xded as provided in tl?c Qudget by the end of the tliirci quarter-June 3�, 2013.
Contract 100°/a expended as provideci in the Budget by the end of the Contract Term (fourth qiaartee)-Se�tember 3Q, 2013.
PCtOGRAMMA'l'[C. P.G[tFORMANCF, R�QUIREM�NTa:
7'o assure the ti.mely and approprilte use of f_S(i funds, the Department f�as included tl�e f'ollowinb perfoimanceschedulc as pa�•t ofthe
Contract. Subreeipient will establish ta�gets 1'or pA'og��am activities anci will repori those targets to tlte [Je:patfineot via the `t'acgets
Spreadshect Farrn supptement to iliis Contract whicl� will be emailed separately to the Subrecipient. Subi�c�cipient will repoi�t
perform��ce on a inonthly Uasis to the Deparhnent �hrc�ugh the Communily Affairs CnnU'act System, azid tiae Dcpart�nent will review
Subrecipient perfoi7n��ce in nieeiing program targets on a qua�ler(y basis. Subrecipient is advised il�at failure to provide program
services in accordance witli the targets established by fhe Subcecipient may affect fiatu►•e fu�lding oppoi�funitics.
SubrecipienC nfust foilow the following perforinance schedule:
No less th�n 5% of' ail targets, as established Uy the Subrecipient met Uy tt�e end of the tii;st quarCci'=llecemUer 31., 2U 12.
No less than 35% of al! tat��;cts, as established by the Sub.recipicnt met by the end of the second qua��ter-lV�arch 3l, 2013.
No less than 75% of all targets, as established by the Suba'ccipie�it. inet by the end of tlte tltird quarter-June 30, 2013.
100% of all .fargets, as establislieci by the Subrecipient mct by tlte ettd of the Contr�tct Tei'm (fourlh quarte�)-Septembei• 30, 2013.
Ya�;e 17 oi' 22
'Y'[,XA� I)L<;l'Ai27'lYI[',1�'l' OZ< TiOU�[NG AND COIVV1iMtJNt'.1'Y AFFAIXt�
CON'('ItACTNO. �l2T20Q01530 1�OR'['1-lE
I�Y 2012 GMFRGF..NCY SOLU'CI(�NS GRAN'fS (ESG) PROGl211M
CPDANU. ]4.231
EXH133TT f3
T3UDGL7'
C'rty of Ue►rto�c
a political subdivision of thc �tate of Texas
llI;PARTMENT__F'INANCTAL OBLIGATIONS
Bud�et Cnte��ry __ Cate$ory Totals
5trect Outr•eacl� � 0.00
i;tnergency Sl�elter � 2��''$7�'�p
[�sse��t.ial Services $ 137,5)4,00
Opei•atio.os . $ 125,278.00
Homelessness Preve��iiou $ 97,962.00
Housiug Relocation attd Stabilization Services,('in�ncial $ 5,000.00
Tenant-based rental assistance $ 92,962•00
Rapid Re-i�ousin� � 8y,000.0(1
Housin� Relocalion and Stabilization Set�vices-Iiin�ncial $ 7,SOO.OU
I-Iousing IZeloct�tion and Stabilization Services-Services $ 33,000.00
T'en��tt-based reirtal assistance $ 48,500.00
Homeless Managerr�ent XuformNtian Systenj (HMIS) � ] 1,4t6A0
AdministrAfive Costs � 11,290.15
TOTAL $ 4'12,140.15
Additional f.unds may be obligated via Amendment{s), I'uuds �n1y only be obii�;ated and ex�ended during the cw•re��t Contract Term.
Unexpended fund b�lances will be recaptured.
F04TNQTGS Tn T3CJllGr.T F'OR AVAILAI3L,:L+', AL�LOCAT.IOIVS:
Subrecipient must reqEiest in writing any adjusi�nent noedect to a budget catebory bcfore 'I'D�[CA will ma[ce any adjustmeni:s to the
budgetcategocAes. Oniy lhose rvritten reyuest(s) from flie Subj•ec'►pients a•eceived at least 6U days p�•ior to ti►e eu�i oi'
fl�e Coniract Ter�n will be reviewed. TDHCA may decline ta revie�v w�•ifte[t requ�ests receivecl durin� the final 60
days of the Cont��act Ter�n.
M�ucimum foc administrationbaseci on 3.25%of tl�etotal a[(owable expendiUues excludin�travel foc trai��ing.
Subrecipient anay apply Administratiou funds to pay for travel costs incurred to attend the Septembcr 13-14, 2012 �.SG 1'rogram
Workshop held in �us�in,'t'exas.
Page 18 of 22
'CTaXA� llT{;I'AIZ'1'1V�EN7' UN HOUS1I�iG A.NA COMIVIUidK i'Y Al{�+Ai�t�
CON'T'RAC"f'i�(). 4�12(�01�30 t�ORT11Ei
�Y 2012 EMERG3�NCY SOI,UTIONS GRANTS (E:SG) i'ROGRAM
CI�llANO. 14.231
EXIITBI'T C
MA`f'Ck1 RGQLJIKE;MF:t�ITS DOCiJMrN'I'
City of Dcnton
a political subdivision ol' the State of Text�s
Tyne (�au�•ee of Maicli)
Otlier Noti-��G NUD Fands
Othcr f�cdet•�l Fu�ids
Stafc (Goverument
Local Governmei�t
Private Fnnds
Othez•
Fees
Prog�•am incu�aie
mA�rCH �ro'rA�[�
Page 19 of 22
UoTlar Value
$ 0.00
$ l �,65.5.U0
� 0.00
$ 13,378.00
$ 379,482.15
� 63,G25.00
$ 0.00
$ 0.00
9; 472,140.15
[SG Subreeipieiits mu�t matcl� tlieir a�v�•d amouiit witf� an equal c�c gre��ter a�nount of rex�ure�.s from other tha,i I:SG fuf�cls.
L?ligible Sources.�f Match:
° any source .iucludin � any Federal saurce (except for �,SG)
o any state, local, ai��private sources.
If usin2 E'ederal soui�ces the follo�ving rules appl�y:
o the laws governing any source to be used as match must not prol�ibit tlxose funds fi•om being used as match,
n if ESG funds are to 6c useci as m�tch for another fede�al program, t}ien that pro�;ram may nol be used aS match for GSG.
Reco �nition oi Matclii��g Coufi�ibufions:
o Match funds must meet �Il the requireinents that apply Co I:SG funds (except expenditure limits)
o Mltching contribuiions must Ue provided during thc Contract Term
o Cash co�iiributions mi�st Ue expendecl witiiin the expenditure deadliue during the Contract T'erm
o Noia-c�sh contributions must tie naadc within the expciiditure deadline (above)
o Cantributions used to match a previous 6SG grant may not be used to match a subseque►It branC
o Contributions used to match another federal grant may not be used to match. ESG
rli�ible'M'Ynes of Matciiin�Contributlons:
1. Cash Coutributions-Cash exf�ended for allowaUle costs as detned in UM�3 Circuldrs A.-87 (2 C.T�.R. Part 22S) and A-122 (2
C.F.tt. Pa�� 230) ofthe S�ibrecipient, Sources of c•,�sh confributions may include private doilufioiis, or gru�ts, fi•om fauridatio�ls,
nonprofiis, or local, state a�id fedcral fi�nds.
2. NoirCash conh'ibations-Non-cash contributions a��e the value of any i•cal properry equipment, goods, or services contributed
to the SuhrecipienY.s ]�SG progrun, provided tl�at they would be allowable if tlae Sttbrccipient had to pay For them.
Costs paid by pro�;rara� income din•ing tlle gra�it period �ue to be considered as match provideci they are eligibie costs that sup}�lemeut
the �',SG prograni.
t'a�;e 20 of' 22
�I'1<,XA� DLI'ARTMLNT UT HOU�ING AND COMIVIUNITY Ali'I<AII.i�
CONT'RAC"1'T�lO. 4212bOQ153Q FOR`li-IE �
FY 2012 EMERGENGY SOLU'1'fONS GRAN'I'S (�SG)1'ROGIt�1,M
CFDA NO. 14.23 !
EXEiIBIT' D
AC�T�LICA[�l,L LAWS AND RtiGULAT'IONS
City of Dentati
a polifical s�rbdivision of tI�e Siate of Tc:xas
These applicable iaws inctude birt u•e not lirriiied to Iio�neless �mecgencJ� Assisl�nce and Rapid 'I'ransitianto Housin�; Aci; as amenclui
(42 U.S.0 11302 et, seq.)
24 C.F.R, Pa��t 8,5;
24 C:f�.R. Part 9 I;
24 C,.�.lt. Part 57C;
24 C.rR. nart 582;
?.4 C.r..R. Pa�t 583;
Applicable Office of' Mflna�;ement and �udget (OMB) Circutai•s;
10 Texas Admi«isYrafive Code, Chzpter 5, Subchapte�•s A, and K
Pabe 21 oi' 22
TI;XAS T)1;1'AR'1'1V1�,N'l' QI+ H[)US�N(Y ANT) COMM:fJIVI1'Y AT?1+�II2S
CONTRAC:'I' N0. 42120f101�30 I'UIt 'I'E�IE
PY 2012I;MI;ItGE:NCY SOLU'C'IONS GRAT�I'TS (GSG) PROGEtAM
CI�pANO.14.231
EXHIBIT I;
C�:RTTI��ICATTON Y2�(.Al2UTNG LA:[iT3Y.IN(x �UIt
CONTRAt;rS, C:RAN`I'S, LOAN4, AND COO�'ERATIV� AGRCI�M],NTS
City of.Denton
a politic�l subdivisio►i of the State ot Texas
1'he undersigned certities, to die best of its knowled�;e and beiief, that:
1. No fulecal appropriated funds have been paid or will be paid, by oc oi� UeLialf of'the undersigned, to �ry person for influencing
or aitemptin� to influence an office�• ar employee of an abency, a member of congress, u� officer oc employee of congress, or
au eanployee of a member o f cc�ngress in connectioii with ttte awardi��b of a�ry federal conUact, the makin� of any federal grant,
t[�e xn�king af auy federal loan, tlae entering into uf any coopeca6ve abceement, or in�dification of uiy federa[ contract, grant,
loan, or cooperafive agree�nent.
2. lf any funds oU�er tktan feder��l appropriated funds have been paid or will Ue paid to ��ny pe►'son for influencing or alte�npfing to
infl uence an officer or empl oyee of a�iy agency, a member of congress, an officer or emp[oyee of congress, oe �n employee of a
�i,ember of coubress in conneclion with tUis fecleral contrac�, gr�u�t, loan, or cooperative agreement, the unde�signed shall
complete a�id submit standa��d form -I.I,L, °Diselosure F�orm to Report I.ob6yi n�", in accordance with its i nstruclions.
3. Tk�e undeisigned shall require thattlie language of tf�is c:e��tification be included in the award documenL� fae� all suU-awa�ds at all
tiers (including subc;onteacts, suh-brafits, and contracts wtd�r grants, laans, and coope��ative a�;reements) and that all
sub-recipients shall ce��tify �u�d disclose accordingly, '
"fhis certification is material reprc�seutation of fact. oit wliich ecliance w��s plac:cd when this L�ans�iction was made or enterecl into.
Subrnission of this certificatio» is a prerequisite fo�� making or enfering inio tltis ixansaction i.mposed by Section 1352, Title 31, U. S.
Cnde, A��y person who faifs to file tl�e rec�uired certification sliall be subject to a civil pena[ty of not less than $10,U00 a��d not inore than
�100,000 fi�r each such failure.
City of llentoa�
a political subciivisio►1 of the State of Texas
[3y:
Titl e:
Date:
Page 22 of 22
THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups —
governmental, social service, civic, religious, business, humanitarian, educational, health,
character building, and other groups — in the pursuit of its mission to preach the Christian
Gospel and meet human need.
Any agency, governmental or private, which enters into a contractual or cooperative relationship
with The Salvation Army should be advised that:
2.
3.
The Salvation Army is an international religious and charitable movement,
organized and operated on a quasi-military pattern, and is a branch of the Christian church.
All programs of The Salvation Army are administered by Salvation Army Officers, who are
ministers of the Gospel.
The motivation of the organization is love of God and a practical concern
for the needs of humanity.
4. The Salvation Army's provision of food, shelter, health services, counseling,
and other physical, social, emotional, psychological and spiritual aid, is
given on the basis of need, available resources and established program
policies.
Organizations contracting and/or cooperating with The Salvation Army may be assured that because
The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics,
The Salvation Army will strictly observe all provisions of its contracts and agreements.
Commissioners Conference:
May 1996