2013-049s:\legallour documentslordinances\1312013-14 esg ordinance.doc
o�nvaNCE No. 2013-049
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO MAKE AN APPLICATION WITH THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNTY AFFAIRS EMERGENCY SOLUTIONS GRANT PROGRAM
AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN AND 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 apply 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 seq.), 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 1. The City Council of the City of Denton, Texas, authorizes the City
Manager to sign and submit grant application to the Texas Department of Housing and
Community Affairs Emergency Solutions Grant Program and all appropriate officials thereof,
together with all necessary certifications, grant agreements and other documents as well as
appropriate resources for entitlement of funds under the Stewart B. McKinney Homeless
Assistance Act of 1987, as amended and Emergency 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 a11 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 a11 necessary certifications, and other documents, under the supervision of the City
Manager, to handle all fiscal and administrative matters relating to the administration of the
Emergency Solutions Grant Program, if it is funded and all other matters connected therewith.
SECTION 3. The City Secretary is hereby authorized to furnish true, complete, and
correct copies of this ordinance to all interested parties.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /��'Z day of l�.�,�j,���,1� , 201�-�
�- ��
ATTEST:
JENNIF'ER WALTERS, CITY SECRETARY
BY: �---
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY .
BY:
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TEXAS DEPARTMENT OF IIOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 42130001747 FOR THE
FY 2013 EMERGCNCY SOLUTIONS GRANTS (ESG) PROGRAM
CFDA NO. 14.231
SECTION 1. PARTIES TO THE CONTRACT
This Emergency Solutions Grants Contract No. 42130001747 (herein the "ContracY') is made by and between the Texas
Department of Housing and Community Affairs, a public and official agency of the State of Texas, (hereinafter the
"DepartmenP') and City of Denton, a political subdivision of the State of Texas (hereinafter the "Subrecipient").
SECTION 2. CONTRACT TERM
This Contract shall commence on October Ol, 2013, and, unless eazlier terminated, shall end on September 30, 2014
(herein the "Contract Term"),
SECTION 3. SUBRECIPIENT PERFORMANCE
Subrecipient shall develop and implement an Emergency Solutions Grants Program ("ESG") in accordance with the terms
of this Contract and the Exhibits attached to this Contract incorporated herein for all relevant purposes. Subrecipient shall
develop and implement the ESG to assist homeless individuals or persons at risk of homelessness to quickly regain
stability in pertnanen[ housing after experiencing a housing crisis and/or liomelessness. Subrecipient shall implement ESG
in accordance with, but not limited to, the provisions of the Homeless Emergency Assistance and Rapid Transition to
Housing Act, as amended (42 USC 11302 et. seq.) (hereinafter the "Federal Act"); the U.S. Department of Housing and
Urban Development (hereinafter "HUD") regulations codified in 24 C.F.R. Parts 85, 91, 576, 582 and 583 (hereinafter the
"Federal Regulations"); the implementing State rules under Title ]0, PART 1, Chapter 5, Subchapters A and K of the
Texas Administrative Code, as amended or supplemented from time to time (hereafter the "ESG State Rules"), and any
applicable Office of Management and Budget (OMB) Circulars. Subrecipient shall perform all activities in accordance
with the terms of the Performance Document (hereinafter "Exhibit A"); the Budget (hereinafter "Exhibit B"); the Match
Requirements Document (hereinafter "Exhibit C"); the Applicable Laws and Regulations (hereinafter "Exhibit D"); the
Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements (hereinafter "Exhibit E"); the
assurances, . certifications, and other statements made by Subrecipient in its ESG' application, and with all other terms o1
this Contract. If the persons to benefit from the activities described in Exhibit A are not receiving a service or benefit, the
Subrecipient is liable to repay the Department any associated disallowed costs.
A. Subrecipient shall not expend funds on any activity requiring a new procurement under this Contract prior to
November 3, 2013.
B. During the Contract Term un[il November 2, 2013, Subrecipient shall implement ESG in accordance with the
requirements of the current ESG State Rules adopted to be effective September 30, 2012. Beginning November 3,
2013, Subrecipient shall implement ESG in accordance with the requirements of the ESG State Rules, as amended to
be effective November 2, 2013.
C. Performance related to established targets will be reported in the ESG monthly performance report and
accomplisliment in meeting targets may be considered in applications for future funding opportunities with the
Department.
D. All funds must be fully expended within the Contract Term and must be expended at a rate acceptable to the
Department and as indicated in Exhibit A. The Department reserves the right to request an expenditure plan if it
appears funds will not be expended wiUiin the Contract Term.
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SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's ongoing and satisfactory performance of this Contrac[, Department shall reimburse
Subrecipient for the actual allowable costs incurred during the Contract Term by Subrecipient in the amount specified
in the "Budget" attached hereto as Exhibit B of diis Contract.
B. Any decision to obligate additional funds or deobligate funds shall be made in writing by Department in its sole
discretion based upon the status of funding under grants to Depaztment and Subrecipient's overall compliance with the
terms of this Contract.
C. Department's obligations under this Contract are contingent upon the actual receipt of adequate ESG funds from HUD.
If sufficient funds aze not available to make payments under this Contract, Department shall notify Subrecipient in
writing within a reasonable time after such fact is determined. Department shall then terminate this Contract and will
not be liable for the failure to make any payment to Subrecipient under this Contract.
D. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient by Department, which
Department determines has resulted in an overpayment, which the Department has determined was from activity under
a newly procured contract or subcontract procured on or before November 2, 2013, or which Department determines
has not been spent strictly in accordance with the terms of this Contract. Subrecipient shall make such refund within
fifteen (15) days after the DepartmenYs request.
E. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for eligible costs
incurred or performances rendered for activities specified in 24 C.F.R. §576 of the Federal Regulations.
SECTION 5. METIiOD OF PAYMENT/CASH BALANCES
A. Subrecipients may request a one time working capital advance for thirty (30) days cuh needs or an advance of $5,000,
whichever is greater. In order to request an advance payment, Subrecipient must submit to Department a properly
completed expenditure report that includes a request for advance funds (Projected Expenses). Thereafter, the
Subrecipient will be reimbursed for the amount of actual cash disbursements, a reimbursement basis.
B. Subrecipient shall establish procedures to minimize the time elapsing between the transfer of funds from Department to
Subrecipient and the disbursement of such funds by Subrecipient.
C. Section 5(A) notwithstanding, Depaztment reserves the right to use a modified cost reimbursement method of payment
whereby reimbursement of costs incurred by a Subrecipient is made only after the Department has reviewed and
approved backup documentation provided by the Subrecipient to support such costs for all funds if at any time (1)
Department determines that Subrecipient has maintained cash balances in excess of need, (2) Department identifies any
deficiency in the cash controls or financial management system used by Subrecipient, or (3) Subrecipient fails to
comply with the reporting requirements of Section 12 of this Contract.
D. All funds paid to Subrecipient pursuant to this Contract are for the exclusive benefit of the eligible recipients of ESG
services and for the payment of allowable expenditures.
E. Department may offset or withhold any amounts otherwise owed to Subrecipient under this Contract against any
amount owed by Subrecipient to Department azising under this Contract.
SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. Except as expressly modified by law or the terms of this Contract, Subrecipient shall comply with the cost principles
and uniform administrative requirements set forth in the Uniform Grant Management Standards, ]0 T.A.C. §5.10 et
seq, (hereinafter "Uniform Grant Management Standards"). All references therein to "local government" shall be
construed to mean Subrecipient.
B. Uniform cost principles for governments are set forth in OMB Circular A-87 as implemented by 2 C.F.R. Part 225.
Uniform administrative requirements for governments aze set forth in OMB Circular A-102. OMB Circular A-133
"Audits of States, Local Governments, and Non-Profit Organizations," sets forth audit standards for governmental
organizations and other organizations expending Federal funds. The expenditure threshold requiring an audit under
Circulaz A-133 is $500,000 of Federal funds or $500,000 of State funds.
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C. Department shall not be liable to Subrecipient for certain costs, including but not limited to costs which:
(1) Have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any source other than
Department;
(2) Are not allowable cosu;
(3) Are incurred to involuntary sepazate a family;
(4) For units of local government, is incurred to replace funds provided by the local government for street outreach
and emergency shelter services during the preceding 12-month period without HUD exception;
(5) Are incurred to provide certain legal services for immigration and citizenship matters and issues relating to
mortgages;
(6) Are incurred to provide certain substance abuse treatment servlces;
��� Are incurred to pay arrears for temporary storage fees;
�8� Are incurred to pay or modify a debt;
�9� Are incurred to acquire property or to construct new property;
(10) Are incurred for the rehabilitation of structures to the extent that those structures are used for inherently religious
activities;
(11) Are expended on rehabilitation activities prior to the submission of a Request for Release of Funds and prior to
the release of,funds by HUD;
(12) Are not strictly in accordance with the terms of this Contract, including the Exhibits;
(13) Have not been reported to Department within sixty (60) days following termination of this Contract;
(14) Are not incurred during the Contract Term; with the exception of travel costs to attend the September 17-18, 2013
ESG Implementation Workshop in Austin, Texas; or
(15) Are incurred under a new contract or subcontract procured on or before November 2, 2013.
SECTION 7. TERMINATION AND SUSPENSION
A. Pursuant to §5.17 of the ESG State Rules, Department may terminate or suspend this Contract, in whole or in part, at
any time Department determines that there is cause for termination. Cause for termination includes, but is not limited
to, Subrecipient's failure to comply with a�iy term of this Contract or reasonable belief that Subrecipient cannot or will
not comply with the requirements of this Contract. If tlie Department determines that an Subrecipient has failed to
comply with the terms .of the Contract, or to provide services that meet appropriate standards, goals, or other
requirements established by the Department, [he Department will notify Subrecipient of the deficiencies to be corrected
and require the de6ciencies be corrected prior to implementing suspension.
B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately
suspend this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other
deficiencies in SubrecipienYs performance. Suspension shall be a temporary measure pending either corrective action
by Subrecipient or a decision by Depaztment to terminate this Contract.
C. Department shall not be liable for any costs incurred by Subrecipient after termination of this Contract.
D. Notwithstanding any exercise by Depaztment of its right of termination or suspension, Subrecipient shall not be
relieved of any liability to Department for damages by virtue of any breach of this Contract by Subrecipient.
SECTION 8. MATCH REQUIREMENT
A. Subrecipient shall provide an amount of funds equal to the amount of funds provided by Depaztrnent under this
Contract (herein "Subrecipient's Match"). Subrecipient's Match must be provided from July 17, 2013 through
September 30, 2014from sources including any Federal source other than the ESG program, as well as state, local, and
private sources. Funds used to match a previous ESG award may not be used to match the awazd made under this
Contract. Subrecipient's Match may include resources provided by any subconVactor or subgrantee to which
Subrecipient provides funds under this Contract.
Page 3 of 20
B. Amounts may be counted towards Subrecipient's Match only if such amounts are costs or resources of a type specified
in Exhibit C and only if such amounts are computed in accordance with this Section. ]n calculating the amount of
Subrecipient's Match, Subrecipient may include, but is not limited to, cash donations; the value of any donated material
or building; the value of any lease on a building; any salary paid to Subrecipient's staff (or that of its subcontractors) in
carrying out the activities required under this Contract; and the time and services contributed by volunteers to cazry out
such activities. Services provided by volunteers must be valued at rates consistent with those ordinarily paid for similar
work in the Subrecipient's organization or in the same labor market. Subrecipient shall determine the value of any
donated material or building or any lease using any method reasonably calculated to establish a fair market value.
SECTION 9. ALLOWABLE EXPENDITURES
A. The allowability of SubrecipienYs costs incurred in the performance of this Contract shall be determined in accordance
with the provisions of Section 6 and the regulations set forth in 10 TAC $5.2002 of the ESG State Rules and §576.100
through §576.109 of the Federal Regulations, subject to the limitations and exceptions set forth in this Section.
B. ESG funds may used for administrative activities as well as five program components as set forth in 24 C.F.R.
§576.101 through 24 C.F.R. §576.107 of the Federal Regulations.
C. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic
expenditures and shall be allowed up to the amount outlined in Exhibit B of this Contract. Funds may be used to pay
indirect costs in accordance with OMB Circulaz A-87. Eligible administrative costs include:
(1) General management, oversight and coordination;
(2) Training on ESG requirements; and
(3) Environmental review.
SECTION 10. TERMINATING ASSISTANCE
A. If a program participant violates program requirements, the Subrecipient may terminate the assistance in accordance
with 24 C.F.R §576.402 of the Federal Regulations.
B. Termination under this Section 10 does not bar the Subrecipient from providing further assistance at a later date to the
same family or individual.
SECTION I1. RECORD KEEPING REQUIREMENTS
A. Subrecipient shall comply with all the record keeping requirements set forth in 24 C.F.R. §576.500 of the Federal
Regulations and shall maintain fiscal and programmatic records and supporting documentation for all expenditures
made under this Contract.
B. Open Records: Subrecipient acknowledges that all information collected, assembled, or maintained by Subrecipient
pertaining to this Contract is subject to the Texas Public Information Act, Chapter 552 of Texas Government Code and
must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to
this Contract subject to and in accordance witli the Texas Public Information Act.
C. Access to Records: Subrecipient shall give the HUD, the U.S. General Accounting Office, the Texas Comptroller, the
State Auditor's Office, and Department, or any of their duly authorized representatives, access to and the right to
examine and copy, on or off the premises of Subrecipient, all records pertaining to this Contract. Such right to access
shall continue as long as the records are retained by Subrecipient.
D. Period of Record Retenlion: Subrecipient agrees to maintain such records in an accessible location for the greater of
five (5) yeazs after the expenditure of all funds from the grant, or the period specified below:
(1) Where funds from this Contract are used for the renovation of an emergency shelter involves costs chazged to the
ESG grant that exceed seventy-five percent (75%) of the value of the building before renovation, records must be
retained until ten (10) years after the date that ESG funds are first obligated for the renovation.
(2) Where funds from this Contract are used to convert a building into an emergency shelter and the costs charged to
the ESG grant for the conversion exceed seventy-five percent (75%) of the value of the building after conversion,
records must be retained until ten (10) years after the date that ESG funds are first obligated for the conversion.
Page 4 of 20
E. Excep[ions to the record retention periods outlined above include; (i) if notified by the Department in writing, the date
that the final audit is accepted with all audit issues resolved to the Department's satisfaction; (ii) if any litigation claim,
negotiation, inspection, or other action has started before the expiration of the required retention period records must
be retained until completion of the action and resolution of all issues which arise under it; (iii) a date consistent with
any other period required by federal or state law or regulation. Subrecipient agrees to cooperate with any examination
conducted pursuant to this Subsection E. Upon termination of this Contract, all records are property of the Department.
F. Subrecipient shall include the substance of this Section 11 in all subcontracts.
SECTION 12. REPORTING REQUIREMENTS
A. Subrecipient shall submit to Department such reports on the perfonnance of this Contract as may be required by
Departrnent including, but not limited to, the reports specified in this Section 12.
B. Subrecipient shall electronically submit to the Depaztment no later than the fifteenth (15th) day of each month
following the preceding month in the Contract Term a performance report listing required demographic information,
the number of persons assisted, and the outcomes achieved in the previous month, and an expenditure report listing all
expenditures of funds under this Contract during the previous month. These reports aze due even if Subrecipient has no
new activity to report during the month.
C. Subrecipient must report client-level data in the Homeless Management Information System (HMIS). Victim service
or legal service providers may use a comparable database and are only required to report aggregated data.
D. Subrecipient shall submit a final performance report and a final expenditure repoR to the Depaztment within thirty (30)
days after the end of the Contract Term. The failure of Subrecipient to provide a full accounting of all funds expended
under this Contract within sixty (60) days may be sufficient reason for Department to deny or terminate any future
contracts with Subrecipient. lf this Contract provides assistance for renovation, rehabilitation, or conversion, in
addition to the electronic final report, Subrecipient shall submit cover photographs of the finished construction work,
and verification of passed inspections in the form of certificate occupancy.
E. Subrecipient shall submit to Department no later than sixty (60) days after the termination of this Contract a cumulative
inventory report of all equipment having a unit acquisition cost of $5,000 or more, acquired in whole or in part with
funds received under this or previous ESG contracts.
F. If Subrecipient fails to submit within forty-five (45) days of its due date, any report or response required by this
Contract, including responses to monitoring reports, Department may, in its sole discretion, suspend payments, place
Subrecipient on cost reimbursement method of payment, and initiate proceedings to terminate the Contract. If
Subrecipient receives ESG funds from Department over two or more Contract Terms, termination proceedings may be
initiated on this Contract for SubrecipienYs failure to submit a report, including an audit report, past due from a prior
contract.
G. Subrecipient shall provide the Department with a Data Universal Numbering System (DLJNS) number and a Central
Contractor Registration (CCR) System number. The DiJNS number must be provided in a document from Dun and
Bradstreet and the current CCR number must be submitted from a document retrieved from the https://www.sam.gov
website. These documents must be provided to the Departmen[ prior to the processing first payment to Subrecipient.
Subrecipient shall maintain a current DL1NS number and CCR number for the entire ConVact Term.
SECTION 13. CHANGES AND AMENDMENTS
A. Any change, addition, or deletion to the terms of this Contract required by a change in state or federal law or regulation
is automatically incorporated herein and is effective on the date designated by such law or regulations.
B. Except as specifically provided othervvise in this Contract, any changes, additions, or deletions to the terms of this
Contract shall be in writing and executed by bodi Parties to this Contract. If any Party returns an executed copy by
facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by
the receiving machine or the electronic transmission, to be its original signature.
C. Written requests for Contract amendment must be received by the Department by no later than sixty (60) days prior to
the end of the Contract Term.
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SECTION 14. PROGRAM INCOME
A. Program income shall have the meaning set forth in 24 C.F.R. §85.25 of the Federal Regulations which includes any
gross income received by the grantee or subgrantee directly generated by a grant supported activity, or earned only as a
result of the grant agreement during the grant period, which is during the Contract Term. Any security or utility
deposiu refunded from vendor should be treated as program income.
B. In accounting for program income, the Subrecipient and Affiliate must accurately reflect the receipt of such funds
separate from the receipt of federal funds and SubrecipiendAffiliate funds.
C. Program income earned and expended during the Contract Term shall count toward meeting the Subrecipient's
matching requirements during the Contract Term and should be reported as match, provided the costs are eligible ESG
costs that supplemen[ the Subrecipient's ESG program.
D. Program income received by the Subrecipient and Affiliate during the Contract Term and not expended during the
Contract Term along with program income received two (2) yeazs following the end of the Contract Term must be
returned to the Department. Program income must be returned within ten (10) working days of receipt by the
Subrecipient.
E. Program income received by the Subrecipient and Affiliate after the two (2) year period described in Subsection D of
this Section 14 is no longer program income, and can be retained by the Subrecipient.
SECTION I5. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 16. PROCUREMENT STANDARDS
A. Subrecipient shall comply with 24 C.F.R Part 85, this Contract, and all applicable federal, state, and local laws,
regulations, and ordinances for making procurements under this Contract.
B. When the Subrecipient no longer needs equipment purchased with ESG grant funds, regardless of purchase price, or
upon the termination of this Contract, Department may take possession and transfer title [o any such property or
equipment to the Department or to a third party or may seek reimbursement from Subrecipient of the current unit price
of the item of equipment, in Department's sole determination. Subrecipient must request permission from the
Department to transfer title or dispose of equipment purchased with ESG grant funds.
C. Subrecipients and their contractors must comply with Section 6002 of the Solid Waste Disposal Act which requires
procuring only items designated in the Environmental Protection Agency (EPA) guidelines that contain the highest
percentage of recovered materials. Subrecipients must also:
(1) maintain a satisfactory level of competition if the purchase price of the item exceeds $]0,000, or the value of the
quantity acquired in the preceding fiscal year exceeded $]0,000,
(2) maximize energy and resource recovery when procuring solid waste management services, and
(3) establish an affirmative procurement program for recovered materials.
SECTION 17. SUBCONTRACTS
A. Subrecipient may only subcontract or subaward the primary performance of this Contract to entities identified in its
application as approved collaborative partners. Subrecipient may only enter into contractual agreements for consulting
and other professional services if Subrecipient has received Department's prior written approval, Subrecipient may
subcontract for the delivery of client assistance without obtaining Department's prior approval. Any subconUact or
other agreement for the delivery of client assistance will be subject to monitoring by the Depaztment as per Section 25
of this Contract.
B. In no event shall any provision of this Section 17, specifically the requirement that Subrecipient obtain DepartmenYs
prior written approval of a subcontractor or subgrantee, be construed as relieving Subrecipient of the responsibility for
ensuring that the performances rendered under all subcontracts and other agreements are rendered so as to comply with
all of the terms of this Contract, as if such performances rendered were rendered by Subrecipient DepartmenYs
approval under this Section 17 does not constitute adoption, ratification, or acceptance of Subrecipient's,
subcontractor's or subgrantee's performance hereunder. Department maintains the right to monitor and require
Subrecipient's full compliance with the terms of this Contract. DepartmenYs approval under this Section does not waive
any right of action which may exist or which may subsequently accrue to Department under this Contract.
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SECTION 18. ENVIRONMENTAL REVIEW
Activi[ies are subject to environmental review under 24 C.F.R Part 58. The Subrecipient shall supply to the Department
all available, relevant information necessary to perform any environmental review required for each property as required
by 24 C.F.R. Part 58.
The Subrecipient, subgrantee or subcontractor may not commit or expend any ESG funds until an environmental review
that meets the standards outlined in 24 C.F.R. Part 58 has been reviewed and approved in writing by the Department.
SECTION 19. WRITTEN STANDARDS
Subrecipient must establish and consistently apply written standards within its program. Subrecipient must provide
TDHCA a copy of the written standards prior to contract execution. Required topics for written standazds as listed on 24
C.F.R §576.400(e).
SECTION 20. AUDIT
A. Subrecipient shall submit to Department, within (3) three months after the end of each fiscal yeaz, an Audit
Certification Form as specified by Department for each fiscal yeaz in which any month of the Subrecipient's fiscal year
overlaps a month of the Contract Term. Unless otherwise directed by Department. Subrecipient shall arrange for the
performance of an annual financial and compliance audit of funds received and performances rendered under this
Contract, subject to the following conditions and limitations:
(1) Subrecipient shall have an audit conducted in accordance with 24 C.F.R. §85.26, OMB Circular A-133; and 31
U.S.C. 7501 for any of its fiscal years included within the Contract Term in which Subrecipient has expenses of
more than $500,000 in state funds or $500,000 in federal financial assistance provided by a federal agency in the
form of grants, contracts, loans, loan guarantees, property, woperative agreements, interest subsidies, insurance or
direct appropriations, but does not include direct federal cash assistance to individuals. The term federal financial
assistance includes awards of 6nancial assistance received directly from federal agencies, or indirectly through
other units of State and local government. -
(2) Subrecipient may utilize funds budgeted under this Contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by Department under this Contract. The cost of auditing
services for a Subrecipient expending less than $500,000 in total Federal awards per fiscal year is not an allowable
charge under Federal awards.
(3) Unless otherwise specifically authorized by Department in writing, Subrecipient shall submit one (1) copy of the
audit report to the Department's Compliance and Asset Oversight Division within thiriy (30) days after wmpletion
of the audit, but no later than nine (9) months after the end of each fiscal period included within the period of this
Contract. Audits performed under this Section 20 are subject to review and resolution of findings by the
Department or its authorized representative. Subrecipient shall submit such audit report to the Federal
cleazinghouse designated by OMB in accordance with OMD Circulaz A-133.
(4) At the option of Subrecipient each audit required by this Section 20 may cover Subrecipient's entire operations or
each department, agency, or establishment of Subrecipient which received, expended, or otherwise administered
federal funds.
B. Subsection A of this Section 20 notwithstanding, Department reserves the right to conduct an annual financial and
compliance audit of funds received and performances rendered under this Contract. Subrecipient agrees to permit
Department, or its authorized representative, to audit Subrecipien['s records and to obtain any documents, materials, or
information necessary to facilitate such audit. Such financial and compliance audits may occur after the close of the
Contract Term.
C. Subrecipient understands and agrees that it shall be liable to Department for any wsts disallowed pursuant to financial
and compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that
reimbursement to Department of such disallowed costs shall be paid by Subrecipient from funds which were not
provided or othenvise made available to Subrecipient under this Contract.
D. Subrecipient shall take such action to facilitate the performance of such audit or audits conducted pursuant to this
Section 20 as Department may require of Subrecipient.
E. All approved ESG audit reports shall be made available for public inspection within thirty (30) days after completion
of the audit.
Page 7 of 20
F. The Subrecipient shall include language in any subcontract that provides the Department the ability to directly review,
monitor, and/or audit the operational and financial performance and/or records of work performed under this Contract.
G. Department reserves the right to conduct additional audits of the funds received and performances rendered under this
Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records and
to obtain any documents, materials, or information necessary to facilitate such audit.
SECTION 21. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. Subrecipient sliall comply with OMB Circular A-102, 24 C.F.R. §§85.32 - 85.34 and 10 T.A.C. 5.09- 5.10.
B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods, or
services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000.00 unless
Subrecipient has received the prior written approval of Depaztment for such purchase.
C. Upon the tertnination or non-renewal of this Contract, Department may transfer title to any such property or equipment
having a useful life of one year or more or a unit acquisition cost (the net invoice unit price of an item of equipment) of
$5,000.00 or more to itself or to any other entity receiving Department funding.
SECTION 22. TRAVEL
Subrecipient shall adhere to OMB Circulaz A-87 and either its board-approved travel policy, or the State of Texas travel
policies. Subrecipient's written travel policy shall delineate the rates which Subrecipient shall use in computing the travel
and per diem expenses of its boazd members and employees.
SECTION 23. INSURANCE AND BONDING REQUIREMENTS
Subrecipient shall maintain adequate personal injury and property damage liability insurance or, if Subrecipient is a unit of
local government, shall maintain sufticient reserves to protect against the hazards arising out of or in connection with the
performance of this Contract. Subrecipient is encouraged to obtain pollution occurrence insurance in addition to the
general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects ot
many health and safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient should
review existing policies to determine if lead contamination is covered,.
If Subrecipient will enter into a construction contract with a third party in the amount of $]00,000 or greater, Subrecipient
must execute with the contractor a payment and a performance bond in the full amount of the contract. These bonds must
be executed by a corporate surety authorized to do business in Texas, a list of which may be obtained from the State
Insurance Department. Such assurances of completion will run to the DeparGnent as obligee and must be documented
prior to the start of construction.
SECTION 24. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative
agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder. Subrecipient
shall furnish to Deparhnent copies of all pertinent papers received by Subrecipient with respect to such action or claim.
SECTION 25. TECHNICAL ASSISTANCE AND MONITORING
Department may issue technical guidance to explain the rules and provide directions on terms of this Contract. Department
or its designee may conduct periodic on or off-site monitoring and evaluation of the efficiency, economy, and efficacy of
Subrecipient's performance of this Contract. Department will advise Subrecipient in writing of any deficiencies noted
during such monitoring. Department will provide technical assistance to Subrecipient and will require or suggest changes
in Subrecipient's program implementation or in Subrecipient's accounting, personnel, procurement, and management
procedures in order to corcect any deficiencies noted. Department may conduct follow-up visits to review and assess the
efforts Subrecipient has made to correct previously noted deficiencies. Deparhnent may place Subrecipient on a cost
reimbursement method of payment, suspend or terminate this Contract, or invoke other remedies in the event monitoring
or other reliable sources reveal material deficiencies in Subrecipient's performance or if Subrecipient fails to correct any
deficiency within the time allowed by federal or state law or regulation or by the terms of this ConVact.
Page 8 of 20
SECTION 26. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that it possesses the legal authority to enter into this Contract, to receive and
manage the funds authorized by this Contract, and to perform die services Subrecipient has obligated itself to perform
hereunder. The execution, delivery, and performance of this Contract will not violate Subrecipient's constitutive
documents or any requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement
of Subrecipient, enforceable in accordance with its terms.
B. The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has been duly authorized by
SubrecipienYs governing board to execute this Contract on behalf of Subrecipient and to validly and legally bind
Subrecipient to the terms, provisions and performances herein.
C. Department shall have the right to terminate this Contract if there is a dispute as to the legal authority of either
Subrecipient or the person signing this Contract on behalf of Subrecipient to enter into this Contract or to render
performances hereunder. Subrecipient is liable to Department for any money it has received from Department for
performance of the provisions of this Contract, if the Department has terminated this Contract for reasons enumerated
in this Section 26.
SECTION 27. COMPLIANCE WITH LAWS
EDERAL_ STATF ANi� in,QC'Ai. LAW. Subrecipient shall comply with the McKinney-Vento Homelessness
A F..�.,�..�.,. �m�
Assistance Act, the federal rules and regulations promulgated under 24 C.F.R. Parts 58, 84 91, 576, 582 and 583, Title
10 of the Texas Administrative Code, and all federal, state, and local laws and regulations applicable to the
performance of this Contract.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient a�rms by signing this contract that it is implementing
the Drug-Free Workplace Act of 1988 (41 OSC 701 .et seq.).
C. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipients must provide program applications, forms, and
educational materials in English, Spanish, and any appropriate language, based on the needs of the service area and in
compliance with the requirements in Executive Order 13166 of August 11, 2000 reprinted at 65 F.R 50121, August 16,
2000 Improving Access to Services with Limited English Proficiency (LEP) at 67 F.R. 41455. To ensure compliance,
the Subrecipient must take reasonable steps to insure that persons with Limited English Proficiency have meaningful
access to the program. Meaningful access may entail provide language assistance services, including oral and written
translation, where necessary.
D. LEAD: Lead-based paint remediation and disclosure applies to all ESG-funded shelters and all housing occupied by
ESG participants, The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-0846), the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.0 4851-4856), and the relevant subparts of the implementing regulations
at 24 C.F.R. Part 35, Subparts A, B, H, J, K, M and R apply to activities under this grant program. The Subrecipient
must also comply with the Lead, Renovation, Repair, and Painting Program Final Rule, 40 C.F.R. Part 745, where
applicable.
SECTION 28. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud,
and abuse in activities funded under this Contract. The systems and procedures shall address possible waste, fraud, and
abuse by Subrecipient, its employees, clients, vendors, subgrantee, subcontractors and administering agencies.
Subrecipient's internal controls systems and all transactions and other significant events are to be clearly documented,
and the documentation is to be readily available for monitoring by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of
monitoring or investigating the ESG program. Subrecipient shall immediately notify Department of any discovery of
waste, fraud, or abuse. Subrecipient shall fully cooperate with DepartmenYs efforts to detect, investigate, and prevent
waste, fraud, and abuse.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the tertns of this
Contract, or of any law or regulation, to Department or to any appropriate law enforcement authority, if the report is
made in good faith.
Page 9 of 20
SECTION 29. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby certifies that
Subrecipient, or a branch, division, or department of Subrecipient does not and will not knowingly employ an
undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not
lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in
the United States. If, aRer receiving a public subsidy, Subrecipient or a branch, division, or department of Subrecipient is
convicted of a violation under 8 U.S.C. Section 1324a (�, Subrecipient shall repay the public subsidy with interest, at the
rate of five percent (5%) per annum, not later than the 120th day after the date the Department notifies Subrecipient of the
violation.
SECTION 30. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the
awazd and administration of contracts. Failure to maintain written standazds of conduct and to follow and enforce the
written standards is a condition of default under this Contract and may result in termination of the Contract or
deobligation of funds.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a conVact
supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise
when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization
which employs or is about to employ any of the Parties indicated herein, has a financial or other interest in the firm
selected for an award. This also applies to the procurement of goods and services under 24 C.F.R Part 85.36.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors, or parties to subagreements. Subrecipients may set standards for situations in which
the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct
sliall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of
the Subrecipient.
D. Subrecipient who are local govemmental entities shall, in addition to the requirements of this Section 30, follow the
requirements of Chapter 171 of the Local Government Code regarding conflicts of interest of officers of municipalities,
counties, and ceRain other local governments.
E. The provision of any type or amount of ESG assistance may not be wnditioned on an individual's or family's
acceptance or occupancy of emergency shelter or housing owned by the recipient, the Subrecipient, or a parent or
subsidiary of the Subrecipient.
F. No Subrecipient may, with respect to individuals or families occupying housing owned by the Subrecipient, or any
parent or subsidiary of the Subrecipient, carry out the initial evaluation required under §576.401 of the Federal
Regulations or administer homelessness prevention assistance under §576.103 of the Federal Regulations.
SECTION 31. POLITICAL ACTIVITY PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the
passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or
employee of Subrecipient from furnishing to any member of its governing body upon request, or to any other local or
state official or employee or to any citizen information in the hands of the employee or official not considered under
law to be confidential information. Any action taken against an employee or official for supplying such information
shall subject the person initiating the action to immediate dismissal from employment.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund or
support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Texas,
or the government of the United States.
Page 10 of 20
SECTION 32. NON-DISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. A person shall not be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or
be denied employment in the administration of or in connection with any program or activity funded in whole or in part
with funds made available under this ConVact, on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation or belief.
B. Subrecipient agrees to carry out an Equal Employment Opportunity Program in keeping with the principles as provided
in PresidenYs Executive Order 11246 of September 24, 1965.
C. Subrecipient must meet the accessibility standards under (i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C.
794) and its implementing regulations at 24 C.F.R Part 8, (ii) the Fair Housing Act (42 U.S.C. 3601 et seq.) as
implemented by HUD at 24 C.F.R. Part 100-115, 24 C.F.R. §92.250, 24 C.F.R. §92.202 and 24 C.F.R. §5.105(a), (iii)
Titles II and III of the Americans with Disabilities Act (42 U.S.C. §§ 12131-12189; 47 U.S.C. 155, 201, 218 and 255)
as implemented by U. S. Department of Justice at 28 C.F.R. Parts 35 and 36, and (iv) the Equal Opportunity in
Housing (Executive Order 11063 as amended by Executive Order 12259) and it implementing regulations at 24 C.F.R.
Part 107.
D. Subrecipients shall operate each program or activity receiving ESG financial assistance so that the program or activity,
when viewed in its entirety, is readily accessible and usable by individuals with disabilities. Subrecipients aze also
required to provide reasonable accommodations for persons with disabilities.
E. Subrecipient will include the substance of Section 32 in all subcontracts.
SECTION 33. CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS
The Department may not award a Contract that includes proposed financial participation by a person who, during the five
year period preceding the date of this Contract, has been convicted of violating a federal law in connection with a contract
awazded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined
by Section 39.459 of the TexasUtilities Code, Hurricane Katrin� or any other disaster occurring after September 24, 2005;
or assessed a penalty in a federal, civil or administrative enforcement action in connection with a contract awazded by the
federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section
39.459 of the Texas Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.
By execution of this Contract, tlie Subrecipient hereby certifies that it is eligible to participate in ESG and acknowledges
that this Contract may be terminated and payment withheld if this certification is inaccurate.
SECTION 34. CERTIFICATION REGARDING MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source or
in any way serve to reduce the funds or resources which would have been available to or provided through Subrecipient
had this Contract never been executed.
SECTION 35. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that neither it nor its current principle parties are included in the Excluded
Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also certifies that it
will not awazd any funds provided by this Contract to any party that is debarced, suspended, or othenvise excluded from or
ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that, prior to
entering into any agreement with a potential subcontractor procured by Subrecipient or prior to awarding funds under this
Contract to a potential subgrantee, that the verification process to comply with this requirement will be accomplished by
checking the Excluded Parties List System at https://www.sam.gov or by collecting a certification from the potential
subcontractor.
Page 11 of 20
SECTION 36. SPECIAL CONDITIONS
A. Department shall not release any funds under this Contract until Department has received a properly completed Direct
Deposit Authorization form from Subrecipient.
B. Subrecipient shall obligate (as such term is defined in 24 C.F.R. §576.203) all funds provided under this Contracl
within 120 days as of the date in SubrecipienNs awazd letter. Department will recapture any funds not so obligated.
C. Subrecipient shall ensure that any building rehabilitated with funds provided under this Contract is maintained as a
shelter for the homeless for not less than a three (3)-year period or for not less than a ten (]0)-year period if such funds
are used for major rehabilitation or conversion of the building. The applicable period shall be calculated in accordance
with 24 C.F.R. §576.103-(c).
D. If Subrecipient uses funds received under this Contract to provide essential services, homeless prevention, or
maintenance and opera[ing costs, the activities must be carried out until all of the funds made available under this
Contract for such activities are expended or for the Contract Term, whichever is shorter. Subrecipient may use one or
more sites or structures to carry out the activities but it must serve the same general population. The "same general
population" means the types of homeless persons originally served with the funds or persons in the same geographical
area.
E. Subrecipient shal1 make known that use of the facilities and services funded under this Contract are available to all on a
nondiscriminatory basis. Subrecipient also must adopt and implement procedures designed to make available to
interested persons information concerning the existence and location of services and facilities that are accessible to
persons with a disability.
F. Subrecipient shall administer, in good faith, a policy designed to ensure that its homeless facility is free from the illegal
use, possession, or distribution of drugs or alcohol.
G. For any ESG activities that would result in the displacement of persons or businesses, Subrecipient must follow
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4201 - 4655) (URA)
and its implementing regulations at 49 C.F.R .Part 24, Subpart B, and HUD Handbook 1378.
H. Subrecipient shall, to the maximum extent practicable, involve, through employment, volunteer services, or otherwise,
homeless individuals and families in constructing, renovation, maintaining, and operating facilities assisted under this
Contract, in providing services assisted under this Contract, and in providing services for occupants of facilities
assisted under this Contract.
I. Subrecipients utilizing ESG funds for renovation, repair, rehabilitation, or conversion of buildings are responsible for
compliance with 24 C.F.R Part 135, referred to as"Section 3," and shall include the clauses listed in §135.38 in all
subcontracts covered by Section 3. Homeless individuals have priority over Section 3 residents.
J. If Subrecipient intends to provide emergency shelter for homeless persons in hotels or motels, or other commercial
facili[ies providing transient housing, Subrecipient must provide the Depaztment with a certification that: (1) leases
negotiated between Subrecipient and providers of such housing provide or will provide that the living space will be
rented at substantially less that the daily room rate otherwise charged by the facility; and (2) the Subrecipient has
considered other facilities as emergency shelter, and has determined that use of the facilities provides the most
cost-effective means of providing emergency shelter in its service azea.
K. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any
individual provided family violence prevention or treatment services under any project assisted under this Contract,
and that the address or location of any family violence shelter project assisted will, except with written authorization ol
the person or persons responsible for the operation of such shelter, not be made public.
L. Subrecipient shall ensure that any building for which ESG amounts are used for renovation, conversion, or major
rehabilitation must meet local government safety and sanitation standards and shelter and housing standards as outlined
in §576.403 ofthe ESG Regulations.
M. None of the funds provided under this Contract may be used in connection with any dwelling unit unless the unit is
protected by a hard-wired or battery-operated smoke detector installed in accordance with National Fire Protection
Association Standard 74.
Page 12 of 20
SECTION 37. NO WAIVER
Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy;
neither shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The
failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Depaztment's right
to exercise that or any other right or remedy at a later time.
SECTION 38. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this Contract relating to the subject matter of this Contract have
been reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and constitute promised performances
under this Contract:
1. Exhibit A- Performance Document
2. Exhibit B - Budget
3. Exhibit C- Match Requirements Document
4. Exhibit D- Appl icable Laws and Regulations
5. Exhibit E- Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements
SECTION 39. SEVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or an administrative tribunal of
competent jurisdiction, the remainder shall remain valid and binding.
SECTION 40. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this
Contract. Department and HUD shall each have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish,
or otherwise use, and to authorize others to use, tlie copyrighted work for government purposes.
SECTION 41. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salazies to any Subrecipient's employees who use
alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase of
alcoholic beverages.
SECTION 42. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or inherently religious activities such as worship,
religious instruction or proselytization, and must be for the benefit of persons regardless of religious affiliation.
Subrecipient shall comply wiUi the regulations promulgated at 24 C.F.R. §576.406.
SECTION 43. FORCE MAJURE
If the obligations aze delayed by the following, an equitable adjustment will be made for delay or failure to perform
hereunder.
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature or acts of
God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil disorders, rebellion o�
sabotage; and (iv) quarantines, embargoes and other similar unusual actions of federal, provincial, local or foreign
Governmental Authorities; and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and such
occurrence could not have been circumvented by reasonable precautions and could not have been prevented or
circumvented through the use of commercially reasonable alternative sources, workaround plans or other means.
SECTION 44. TIME IS OF THE ESSENCE
Time is of the essence with respect to SubrecipienYs compliance with all covenants, agreements, terms and conditions of
this Contract.
Page 13 of 20
SECTION 45. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original but all of which
together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or other
electronic transmission, and any such signature shall have the same legal effect as an original.
SECTION 46. NUMBER, GENDER
Unless the context requires othenvise, the words of the masculine gender shall include the feminine, and singulaz words
shall include the plural.
SECTION 47. NOTICE
A. If notice is provided concerning this Contract, notice may be given at the following (herein referced to as "Notice
Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 7871 ]-3941
Attention: Michael De Young
Telephone: (512) 475-2125
Fax:(512)475-3935
michael.deyou ng@tdhca, state. bc.us
As to Subrecipient:
City of Denton
601 E. Hickory Street, Suite B
Denton, TX 76205
Attention: George Campbell, City Manager
Telephone: (940) 349-7756 Fax: (940) 349-7753 Email: george.campbell@cityofdenton.com
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service, or
five days after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the
appropriate Notice Address as defined in the above Subsection A of this Section 47.
SECTION 48. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant to this
Contract, venue shall lie in Travis County, Texas.
EXECUTED to be effective on October O1, 2013
City of Denton
aK Mr�w�ih3c�l �saalr�iiviwuqra�. �t'#���t�s �rf "� rxa�;s
(�Il/ By. �,�,��..�..� � �, �"�.�
��� T�tte: ��'�-�-- ��rt�...��...,�.,,..�..�
Date: � �� �r � f 3
�PPROVED RS TO FORM:
CfTY ATTORNEY
'" ;���TEXA.�S � � ��,�°�,
CITY OF DENTON
� � ,�BY: �-��� �� � ,�� ��
�
� ,.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and ofTicial agency of the State
of Texas
By:
Title: Its duly authorized officer or representative
Date:
Page 14 of 20
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 42130001747 FOR THE
FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM
CFDA NO. 14.231
EXHIBIT A
PERFORMANCE DOCUMENT
City of Denton
a political subdivision of the State of Texas
Performance Statement
October 1, 2013 - September 30, 2014
FINANCIAL EXPENDITURE REQUIREMENTS:
To assure the timely and appropriate use of ESG funds, the Department has established the following expenditure benchmarks. The
Department will review Subrecipient performance in expending program funds on a quarterly basis. Subrecipient is advised that failure to
expend funds in a timely fashion may affect future funding opportunities.
Subrecipients must follow the following expenditure schedule:
Contract 10% expended as provided in the Budget by the end of the first quarter-December 31, 2013.
Contract 40% expended as provided in the Budget by the end of the second quarter-March 31, 2014.
Contract 75%expended as provided in the Budget by the end of the third quarter-June 30, 2014.
Contract 100% expended as provided in the Budget by the end of the Contract Term (fourth quarter)-September 30, 2014.
PROGRAMMATIC PERFORMANCE REQUIREMENTS:
To assure the timely and appropriate use of ESG funds, the Department has included the following performance schedule as pazt of the
Contract. Subrecipient will establish targets for program activities and will report those tazgets to the Department via the Targets
Spreadsheet Form supplement to this Contract which will be emailed separately to the Subrecipient. Subrecipient will report performance
on a monthly basis to the Department through the Community Affairs Contract System, and the Department will review Subrecipient
performance in meeting program targets on a quarterly basis. Subrecipient is advised that failure to provide program services in
accordance with the targets established by the Subrecipient may affect future funding opportunities.
Subrecipient must follow the following performance schedule:
No less than 5% of all targets, as established by the Subrecipient met by the end of the first quarter-December 31, 2013.
No less than 35%of all targets, as established by the Subrecipient met by the end of the second quarter-March 31, 2014.
No less than 75% of all targets, as established by the Subrecipient met by the end of the third quarter-June 30, 2014.
] 00% of all targets, as established by the Subrecipient met by the end of the ConVact Term (fourth quarter)-September 30, 2014.
Page 15 of 20
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 42130001747 FOR THE
FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM
CFDA NO. 14231
EXHIBIT B
BUDGET
City of Denton
a political subdivision of the State of Texas
AEPARTMENT FINANCIAL OBLIGATIONS
Bud¢et Cate¢ory Cate�ory Totals
Street Outreach
Shelter
Essential Services
Operations
Homelessness Prevention -
Housing Relocation and Stabilization Services-HP Financial
Housing Relocation and Stabilization Services-HP Services
Tenant-based rental assistance-HP
Rapid Re-Housing
Housing Relocation and Stabilization Services-RRH Financial
Housing Relocation and Stabilization Services-RRH Services
Tenant-based rental assistance-RRH
Homeless Management Information System (HMIS)
Administrative Costs
TOTAL
$10,500.00
$ 263,890.00
$ 144,782.00
$ 119,108.00
$ 114,459.00
$ 2,000.00
$ 7,210.00
$ 105,249.00
$ 82,500.00
$ 4,500.00
$ 35,500.00
$ 42,500.00
$ 11,536.00
$ 14,126.00
$ 497,011.00
Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the curcent Contract Term.
Unexpended fund balances will be recaptured.
FOOTNOTES TO BUDGET FOR AVAiL•ABLE A.L.O ATION •
Subrecipient must request in writing any adjustment needed to a budget category before TDHCA will make any adjustments to the budget
categories. Only those written request(s) from the Subrecipients received at least 60 days prior to the end of the Contract Term will
be reviewed. TDHCA may decline to review written requests receivcd during the final 60 days of the Contract Term.
Maximum for administration based on 3.75% of the total allowable expenditures excluding travel for training.
Subrecipient may apply Administration funds to pay for travel costs incurred to attend the September 17-18, 2013 ESG Program Workshop
held in Austin, Texas.
Page 16 of 20
Tvoe fSource of Matchl
Other Non-ESG HUD Funds
Other Federal Funds
State Government
Local Government
Private Funds
Other
Fees
Program Income
MATCH TOTAL
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT N0. 42130001747 FOR THE
FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM
CFDA NO. 14.231
EXHBiT C
MATCH REQUIREMENTS DOCUMENT
City of Denton
a political subdivision of the State of Texas
Page 17 of 20
Dollar Value
$10,500.00
$15,665.00
S 0.00
$ 25,059.00
$ 362,500.00
$ 83,346.00
$ 0.00
$ 0.00
$ 497,070.00
Subrecipient shall match their award amount with an equai or greater amount of resources from other than ESG funds in accordance with the
following requirements.
EliEible Sources of Match:
o any source including any Federal source (except for ESG)
o any state, local, and private sources.
If using Federal sources, the following rules apply to Match Funds:
o the laws governing any source to be used as match must not prohibit those funds from being used as match,
o if ESG funds aze to be used as match for another federal program, then that program may not be used as match for ESG.
Reco�nition of Matchine Contributions:
o Match funds must meet all the requirements that apply to ESG funds (except expenditure limits)
o Matching contributions must be provided from July 17, 2013 through September 30, 2014
o Cash contributions must be expended within the expenditure deadline during the Contract Term
o Non-cash contributions must be made within the expenditure deadline (above)
o Contributions used to match a previous ESG grant may not be used to match a subsequent grant
o Contributions used to match another federal grant may not be used to match ESG
Eligible Tvoes of Matchine Contributions:
1. Cash Contributions-Cash expended for allowable costs as defined in OMB Circulazs A-87 (2 C.F.R. Part 225) and A-122 (2 C.F.R.
Part 230) of the Subrecipient. Sources of cash contributions may include private donations, or grants, from foundations, nonprofits,
or local, state and federal funds.
2. Non-Cash contributions-Non-cash contributions are the value of any real property equipment, goods, or services 'contributed to the
SubrecipienYs ESG program, provided that diey would be allowable if the Subrecipient had to pay for them.
Costs paid by program income during the grant period are to be considered as match provided they are eligible costs that supplement the
ESG program.
Page 18 of 20
TEXAS DEPARTMENT OF IIOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 42130001747 FOR THE
FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM
CFDA NO. 14.231
EXHIBIT D
APPLICABLE LAWS AND REGULATIONS
City of Denton
a political subdivision of the State of Texas
These applicable laws include but are not limited to Homeless Emergency Assistance and Rapid Transition to Housing Act, as amended
(42 U.S.0 11302 et. seq.)
24 C.F.R. Part 85;
24 C.F.R. Part 91;
24 C.F.R. Part 576;
24 C.F.R. Part 582;
24 C.F.R. Part 583;
Applicable Office of Management and Budget (OMB) Circulars;
10 Texas Administrative Code, Chapter 1, and Chapter 5, Subchapters A, and K
Page 19 of 20
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 42130001747 FOR THE
FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM
CFDA NO. 14.231
EXHIBIT E
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
City of Denton
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan,
or cooperative agreement.
2. lf any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a
member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all
tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all
sub-recipients shall certify and disclose accordingly.
This certification is material representation of fact on which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
City of Denton
a political subdivision of the State of Texas
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Date: � Z��� %/3
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2013-14 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 referred to as "CITY", and AGENCY, a non-proft corporation, Christian Community Action 200
South Mill Street Lewisville, Texas 75057, 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 (ESG) Award, under the Department of Housing and Urban Devel-
opment (HCJD) 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 ESG; and
WHEREAS, CITY has accepted funds from the Texas Department ofHousing and Community Affairs (TDHCA)
for the purpose of paying for specific contractual services by specific agencies named in the ESG 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 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 admiu-
istration of this Agreement .
2. OBLIGATIONS OF ORGANIZATION
In consideration of tl�e receipt of funds from CITY, ORGANIZATION agrees to the following terms and con-
ditions:
A. A sum not to exceed One Hundred and One Thousand Dollars ($101 , 000 . 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
Exhibit 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. 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
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 confdentiality of records and other information
relating to clients subject to applicable federal and state law, rules, and regulations.
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 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 and required by TDHCA under any and all published Rules and
Regulations for the Emergency Solutions Grant. Equipment or services purchased by the
ORGANIZATION under 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 ofthe TDHCA Contract, including, with-
out limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the
requirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as
Exhibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to
do the following:
Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA
2. a. Comply with the provisions of the ESG as published in the Catalog of Federal Domestic Assis-
tance (CFDA) (hereinafter referred to as "ESG 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 ESG 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 re-
quirements as applicable and shall ensure that the ESG Assisted Persons/Units comply in all re-
spects with the ESG Regulations.
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 reli-
gion be excluded from participation in, or denied, any aid, care, service, or other benefits provid-
ed 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
employment verification and retention of verifcation forms for any individuals hired on or after
November 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 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, 74t�'
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 Certifed 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.
7. 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.
8. Hold TDHCA and CITY harmless from and against all claims, demands, and causes of action, which
may be asserted by any third party in connection with the performance of contracted services.
Provide services in accordance with the current TDHCA ESG funding application and allow
TDHCA and CITY to monitor same. Some possible methods may include on-site visits, document
review, questionnaires, or interviews.
10. Participate fully in any evaluation study of this program authorized by TDHCA or CITY.
11. 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.
12. 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 ofthe 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 ofthis Agreement and/or nonpayment ofthe billings or any portion ofthe billings that
are not received within the specified time limit. Failure to comply is valid justification for imme-
diate termination of this Agreement. The ORGANIZATION agrees that the information submit-
ted is true and accurate. The ORGANIZATION further agrees to supply documentation to CITY
for the purposes of verifying reported information if requested.
13. 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 or A-122 and the TDHCA Contract. ORGANIZATION shall comply with the retention and
custodial requirements for records as set forth in OMB CircularNo. 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.
14. 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-
Page 3 of 15
ing these records begins before the five-year period expires, the ORGANIZATION will keep the rec-
ords and documents for not less than five (5) years and unti] all litigation, claims, or audit findings are
resolved. The case is considered resolved when a final order is issued in litigation, or a written
agreement is entered into between TDHCA, CITY and ORGANIZATION. ORGANIZATION will
keep records of nonexpendable property acquired under the Agreement for five (5) years after fnal
disposition of the property.
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
membership, vendor identifcation 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 effective.
16. Refrain from entering into any subcontract for services without prior approval in writing by TDHCA
and CITY ofthe qualifications ofthe subcontractor to perform and meet the standards ofthis 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 Agreement to influence the outcome of elections or the passage or defeat
of any legislative measures.
3. TIME OF PERFORMANCE
The services funded by CITY shall be undertaken and completed by ORGANIZATION within the following
time frame: October 1, 2013 through September 30, 2014, unless the contract is sooner terminated under Section
8 "Suspension or Termination".
4. PAYMENTS
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a maximum amount of money
nottoexceedOne Hundred and One Thousand Dollars ($101,000.00) forservicesren-
dered 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 Community Development Division
by dates required by Community Development. 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
compliance 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
following 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 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 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 per-
sonal property. Any procurement or purchase, which may be approved under the terms ofthis Agreement,
must be conducted in its entirety in accordance with the provisions of this Agreement.
Page 4 of 15
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 deter-
mines:
l. has resulted in overpayment to ORGANIZATION; or
Z. 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
auditing 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 this Contract, CITY may require a refund of any and all money expended pursuant to
this Contract 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 reversion ofthese 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 pro-
vision of a corresponding level of performance, as specifed in Exhibit A, CITY hereby reserves the right
to reappropriate or recapture any such under expended funds. 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 ofthis 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
individuals 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 sllall 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 pro-
gram income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts deter-
mined by CITY to be program income, unless otherwise approved in writing by CITY.
Page 5 of 15
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 recards 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 certifed public accountant.
B. All external or internal evaluation reports.
C. Monthly performance report 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 reyuired 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 wil) 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 ex-
penditure 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 Ageement, 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 time-
ly manner to give adequate notice, and shall include an agenda and a brief description of the matters to be dis-
cussed. 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 ofthis Agreement, the ORGANIZATION'S insolvency or filing ofbankruptcy,
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
unable 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. Ifthis 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.
Page 6 of 15
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 oftermination, 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
Agreement.
9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal
provisions.
B. ORGANIZATION shall comply with all applicable eyual 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), Sec-
tion 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 benefts provided by federal and/or state fund-
ing, or otherwise be subjected to discrimination.
D. Comply with the requirements ofthe 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).
F. Comply with appropriate state licensing or certification reyuirements 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 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
offense 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.
In the event of ORGANIZATION'S non-compliance with the non-discrimination requirements, the
Agreement may be canceled, terminated, or suspended in whole or in part, and ORGANIZATION 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.
Page 7 of 15
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 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. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has
taken all necessary action to authorize such acceptance under the terms and conditions ofthis Agreement.
F. None of the assets of ORGANIZATION are subject to any lien or encumbrance of any character, except
for current taxes not delinquent, except as shown in the fnancial statements furnished by
ORGANIZATION 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 ofthis 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 catego-
ries 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 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 or local laws or regula-
tions pursuant hereto may occur during the term ofthis Agreement. Any such modifcations 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 or regulation.
E. CITY may, from time to time during the term ofthe 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 re-
quire 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 Exhibit A for any program contracted hereunder
nor the transfer of funds between or among said programs will be permitted.
Page 8 of 15
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 offcers, 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, at-
torney fees, expenses, and liability arising out of the use of these contracted funds and program admin-
istration and implementation except to the extent caused by the willful act or omission of CITY, its agents
or employees.
13. INSURANCE
A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in-
surance as would provide adeyuate 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 ap-
plicable.
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 oftheir employment must possess a valid Texas Driver's license
and automobile liability insurance. Evidence of the employee's current possession of a valid license and
insurance must be maintained on a current basis in 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 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,
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. ORGANIZATION further covenants that in the perfor-
mance of this Agreement, no person having such interest shall be employed or appointed as a member of
its governing 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.
Page 9 of 15
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 ofthe undertaking or carrying out ofthis 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
interest, 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 or CITY,
as the case may be, at the following addresses:
CITY
City of Denton, Texas
Arin: 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
A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or
any claim arising thereunder to any paMy or parties, bank, trust company or other financial institution
without 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 in-
sist in any one or more instances upon the terms and conditions of this Agreement constitute or be con-
strued in any way to be a waiver by CITY of any breach of covenant or default which may then or subse-
yuently 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 hereun-
der, 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 commit-
ment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this
Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpre-
tation 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.
Page 10 of 15
F„ This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any
litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County,
Texas.
C�1 i�1�"l'1,�1 ��, l�� 1�L ()!�", tl�� �����•ti�s do hereby affix their signatures and enter into this Agreement as of
the.m�°°� ��� ,,���r� a� ; ���� �"��"������ " w,,�..., 2013.
CITY OF DENTON, TEXAS
�,� � ��� �,� � �.�..°,�� �"� r�.�.,� ����
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BY � ,� �. �.�,, , �. � � � � .
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��k:t� �C� s C, {:" �E����:C���„ CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY; ., � ��"��'�� ,��.�: � `�� . ;°'_ �,�:. ��� �� ��,�"�.'.< �� �"��
��,,, ��� �,�..�.....m..___
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: .,� � , � � y
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CHRISTIAN COMMUNITY
BY:...�` �'�'''�.�.
EXECUTIVE D�
: 1I
Page 11 of 15
EXHIBIT "A"
WORK STATEMENT
The primary outcome for Emergency Solutions Grant (ESG) funds is to prevent and end homelessness. This
program funded by ESG is designed to improve administrative efficiency and enhance response coordination and
effectiveness in addressing the needs of homeless persons and broaden existing services.
Collaborators are required to read and follow the most current ESG guidelines as issued by the Department of
Housing and Urban Development as set forth in the Interim Regulations for Homeless Emergency Assistance and
Rapid Transition to Housing 24 CFR Parts § 91 and § 576 (Consolidated Plan Conforming Amendments and
Emergency Solutions Grants Program) and Cost Principles set forth in OMB Circular A-87 or A-122 as applica-
ble. ESG guidelines are also provided from the Texas Department ofHousing and Community Affairs (TDHCA)
in the Texas Administrative Code Subchapters A. General Provisions & K. ESG Rules. Finally, agencies will
abide by the local ESG written standards and procedures established under 24 C.F.R. § 576.400.
ELIGIBLE SERVICES
ESG funds may be used to deliver services in five program components. To be eligible, agencies will ensure that
all households meet the homelessness or at-risk of homelessness definition along with the minimum eligibility
requirements to receive services.
ORGANIZATION will be eligible to deliver services in the category listed below.
Homeless Prevention as defined in 24 C.F.R. § 576.103
Agencies must assess and document that the household would become homeless (per the definition above) but
for the ESG assistance. In other words, a household would reyuire emergency shelter or would otherwise become
literally homeless in the absence of ESG assistance.
Homelessness Prevention assistance must be provided in accordance with the housing relocation and stabili-
zation services requirements in § 576.105, the short- and medium-term rental assistance requirements in §
576.106, and the written standards and procedures established under § 576.400.
• Financial Assistance
Services
Housin� Search & Placement
Housin� Stability Case Mana e�
Mediation
Le�al Services
Credit Repair
Short- and Medium-Term Tenant Based Rental Assistance may be provided with up to 24 months of
rental assistance during any 3-year period.
Homeless Management Information System (HMIS) as defined in 24 C.F.R. § 576.107
ESG funding provides for Access and maintenance of HMIS System. All agencies receiving ESG funds are
required to participate to the CoC's HMIS except as prohibited by law. HMIS participation must comply with
HUD standards on participation, data collection and reporting to HMIS Lead as participation ensures more effi-
cient collaboration and coordination of services. Service to participants includes:
• Contributing Data to the HMIS or comparable database
Page 12 of 15
PEFORMANCE AND OUTCOMES
Performance measures and outcomes will be established by the Texas Department of Housing and
Community Affairs (TDHCA). ORGANIZATION will make every effort to meet all performance and out-
comes measures established by TDHCA.
Regular reporting will be mandated in a schedule determined by TDHCA. ORGANIZATION will meet all
TDHCA performance and outcome reporting deadlines.
Page 13 of 15
EXHIBIT "B"
PROJECT BUDGET
Homelessness Prevention
HOUSING RELOCATION & STABILIZATION SERVICES (HRSS)
Caseworker ($32,760/yr x 22%) $ 7,210.00
TENANT BASED RENTAL ASSISTANCE
ST Rental Assistance (34/households x$850/mo rent x 3mo) +$500 $87,249.00
Homelessness Management Information Svstem (HMIS) � 3,276.00
HMIS data entry $32,760/yr x 10%
Administrative Costs $ 3,265.00
Training Travel Expenses $ 500.00
Salaries $ 2,765.00
TOTAL BUDGET
PROJECT MATCH
$101,000.00
Private Funds ___mm__ $107,000.00
General Fund Donations
TOTAL MATCH
Page 14 of 15
$107,000.00
EXHIBIT C
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 4213 0001747
Contract Term: l 0/l /2013-9/30/2014
Agency: City of Denton
Page 15 of 15
2013-14 SERVICE 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 cor-
poration, hereinafter referred to as "CITY", and AGENCY, a non-profit corporation, Denton County Friends
of the Family 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 Com-
munity Affairs Emergency Solutions Grant Program (ESG) Award, under the Department of Housing and Ur-
ban Development (HCTD) 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 ESG; 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 ESG 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 Work Statement attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in
accordance with the terms llerein. 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 Twenty—Five Thousand, Eight Hundred For—
ty—Six Dollars ($125 , 84 6. 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 project 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 purpose.
B. ORGANIZATION will establish, operate, and maintain an accounting system for this program that will
allow for a tracking of fimds 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 offcials 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 offcers 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 fnancial statements.
K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those
procurement policies carried out by CITY and required by TDHCA under any and all published Rules and
Regulations for the Emergency Solutions Grant. Equipment or services purchased by the
ORGANIZATION under 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 ofthe TDHCA Contract, including, with-
out limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the
reyuirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as
Exhibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to
do the following:
Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA
2. a. Comply with the provisions of the ESG as published in the Catalog of Federa) Domestic Assis-
tance (CFDA) (hereinafter referred to as "ESG 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 ESG 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 re-
quirements as applicable and shall ensure that the ESG Assisted Persons/Units comply in all re-
spects with the ESG Regulations.
b. Comply with Title VI ofthe Civil Rights Act of 1964 (Public Law 88-352), Section 504 ofthe
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 r�gula-
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 reli-
gion be excluded from participation in, or denied, any aid, care, service, or other benefits provid-
ed 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
employment verifcation 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
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 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, 74t�'
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 ofthe audit to CITY and
TDHCA ORGANIZATION is expected to create and maintain adequate and auditable fiscal records,
such as annual fnancial statements, tax returns, and agency budgets may be required and shall be
made available to CITY or TDHCA upon request.
7. 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
fscal records required to be kept under this Agreement.
8. Hold TDHCA and CITY harmless from and against all claims, demands, and causes of action, which
may be asserted by any third party in connection with the performance of contracted services.
Provide services in accordance with the current TDHCA ESG funding application and allow
TDHCA and CITY to monitor same. Some possible methods may include on-site visits, document
review, questionnaires, or interviews.
l 0. Participate fully in any evaluation study of this program authorized by TDHCA or CITY.
11. 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.
12. 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 ofthis Agreement and/or nonpayment ofthe billings or any portion ofthe billings that
are not received within the specified time limit. Failure to comply is valid justification for imme-
diate termination of this Agreement. The ORGANIZATION agrees that the information submit-
ted is true and accurate. The ORGANIZATION further agrees to supply documentation to CITY
for the purposes of verifying reported information if requested.
13. 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 or A-122 and the 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.
14. 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 ofthe Agreement. If any litigation, claim, or audit involv-
Page 3 of 15
ing these records begins before the five-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 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. ORGANIZATION will keep
records of nonexpendable property acquired under the Agreement for five (5) years after final disposi-
tion of the property.
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 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 Agreement to influence the outcome of elections or the passage or defeat of
any legislative measures.
3. TIME OF PERFORMANCE
The services funded by CITY shall be undertaken and completed by ORGANIZATION within the fol lowing time
frame: October 1, 2013 through September 30, 2014, unless the contract is sooner terminated under Section 8
"Suspension or Termination".
4. PAYMENTS
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a maximum amount of money not
toexceedOne Hundred and Twenty—Five Thousand, Eight Hundred Forty—Six
Dollars ($12 5, 84 6. 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 ofthe month. Documentation of expenditures must be submitted
to the Community Development Division by dates required by Community Development.
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 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 covsidered 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 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, eyuipment, 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.
Page 4 of 15
sonal 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 deter-
mines:
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 or
change for which payment has been made be subsequently disallowed or disapproved as a result of any
auditing or monitoring by CITY, the Department of Housing and Urban Development, Texas Department
ofHousing 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 this Contract, CITY may require a refund of any and all money expended pursuant to
this Contract 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 reversion ofthese 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 pro-
vision 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 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
individuals 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 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 pro-
Page 5 of 15
gram income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts deter-
mined 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 certifed public accountant.
B. All external or internal evaluation reports.
C. Monthly performance report to be submitted to CITY by dates required by Community Development.
D. ORGANIZATION agrees to submit monthly flnancial 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 ex-
penditure 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 leve] and beneft 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 time and place thereo£ Such notice shall be delivered to CITY in a time-
ly manner to give adequate notice, and shall include an agenda and a brief description of the matters to be dis-
cussed. 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, ar guarantees ofthis 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
unable 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. Ifthis 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
Page 6 of 15
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 any unexpended CITY funds. Acceptance
of these funds shall not constitute a waiver of any claim CITY may otherwise have arising out of this
Agreement.
9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal
provisions.
B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
C. ORGANIZATION will comply with Title VI ofthe Civil Rights Act of 1964 (Public Law 88-352), Sec-
tion 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 fund-
ing, 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).
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 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
offense 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.
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.
In the event of ORGANIZATION'S non-compliance with the non-discrimination requirements, the
Agreement may be canceled, terminated, or suspended in whole or in part, and ORGANIZATION may be
barred from further contracts with CITY.
10. WARRANTIES
ORGANIZATION represents and warrants that:
Page 7 of 15
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 reyuested 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 fnancial 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. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has
taken all necessary action to authorize such acceptance under the terms and conditions ofthis Agreement.
F. None of the assets of ORGANIZATION are subject to any lien or encumbrance of any character, except
for current taxes not delinquent, except as shown in the flnancial statements furnished by
ORGANIZATION 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. ORGANIZATION may not make transfers between or among approved line-items within budget catego-
ries 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 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 or local laws or regula-
tions pursuant hereto may occur during the term ofthis 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 specifed by the law or 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 re-
quire 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.
Page 8 of 15
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, at-
torney fees, expenses, and liability arising out of the use of these contracted funds and program admin-
istration and implementation except to the extent caused by the willful act or omission of CITY, its agents
or employees.
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 ap-
plicable.
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 oftheir employment must possess a valid Texas Driver's license
and automobile liability insurance. Evidence of the employee's current possession of a valid license and
insurance must be maintained on a current basis in 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 reyuires 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 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. ORGANIZATION further covenants that in the perfor-
mance of this Agreement, no person having such interest shall be employed or appointed as a member of
its governing 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 ofthe undertaking or carrying out ofthis 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
interest, 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 ofthe 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 reyuired 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
Denton County Friends of the Family
ATTN: Executive Director
P. O. Box 640
Denton, TX 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.
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 fnancial institution
without the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions
shall remain in full force and effect and continue to conform to the original intent of both parties hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to in-
sist in any one or more instances upon the terms and conditions of this Agreement constitute or be con-
strued in any way to be a waiver by CITY of any breach of covenant or default which may then or subse-
yuently 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 hereun-
der, 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 commit-
ment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this
Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpre-
tation or meaning of any part ofthis Agreement or its governing rules, codes, laws, ordinances, or regula-
tions, CITY as the party ultimately responsible to HCTD for matters of compliance, will have the final au-
thority to render or to secure an interpretation.
Page 10 of 15
F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any
litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County,
Texas.
]��w"�1"d'�I i�� WHEREOF, D�c parties do hereby affix their signatures and enter into this Agreement as of
the ���' w�.� � �� t� d" '�� "���������° �' µ , 2013 ,
CITY OF DENTON, TEXAS
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�i �, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY ,, ,. � � �".� g � �..�� �`�"�' ��'�::�,�'"� ��.,,���" : .��� ..,..
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�,I'I�1�.�')"�1:;:1:.� AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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��'"I:�(.)ARD SECRETARY
Page 11 of 15
EXHIBIT "A"
WORK STATEMENT
The primary outcome for Emergency Solutions Grant (ESG) funds is to prevent and end homelessness. This
program funded by ESG is designed to improve administrative efficiency and enhance response coordination and
effectiveness in addressing the needs of homeless persons and broaden existing services.
Collaborators are required to read and follow the most current ESG guidelines as issued by the Department of
Housing and Urban Development as set forth in the Interim Regulations for Homeless Emergency Assistance and
Rapid Transition to Housing 24 CFR Parts § 91 and § 576 (Consolidated Plan Conforming Amendments and
Emergency Solutions Grants Program) and Cost Principles set forth in OMB Circular A-87 or A-122 as applica-
ble. ESG guidelines are also provided from the Texas Department ofHousing and Community Affairs (TDHCA)
in the Texas Administrative Code Subchapters A. Genera) Provisions & K. ESG Rules. Finally, agencies will
abide by the local ESG written standards and procedures established under 24 C.F.R. § 576.400.
ELIGIBLE SERVICES
ESG funds may be used to deliver services in five program components. To be eligible, agencies will ensure that
all households meet the homelessness or at-risk of homelessness definition along with the minimum eligibility
reyuirements to receive services.
ORGANIZATION will be eligible to deliver services in the category (ies) listed below.
Emergency Shelters as defined in 24 C.F.R. § 576.102
The purpose of ESG emergency shelters is to provide essential services to sheltered homeless persons.
Essential services can address the immediate needs ofhomeless persons living on the street, in emergency shelter
or in transitional housing, and can help enable homeless persons become more independent.
� Case Management
• Child care
� Education Services
� Employment Assistance and Job Training
• Outpatient Health Services
• Legal Services
• Life Skills Training
. Mental Health Services
• Substance Abuse Treatment Services
• Transportation
� Services for Special Populations
. Shelter
Homeless Management Information System (HMIS) as defined in 24 C.F.R. § 576.107
ESG funding provides for Access and maintenance of HMIS System. All agencies receiving ESG funds are
required to participate to the CoC's HMIS except as prohibited by law. HMIS participation must comply with
HiJD standards on participation, data collection and reporting to HMIS Lead as participation ensures more effi-
cient collaboration and coordination of services. Service to participants includes:
• Contributing Data to the HMIS or comparable database
Page 12 of 15
PEFORMANCE AND OUTCOMES
Performance measures and outcomes will be established by the Texas Department of Housing and
Community Affairs (TDHCA). ORGANIZATION will make every effort to meet all performance and out-
comes measures established by TDHCA.
Regular reporting will be mandated in a schedule determined by TDHCA. ORGANIZATION will meet all
TDHCA performance and outcome reporting deadlines.
Page 13 of 15
EXHIBIT "B"
PROJECT BUDGET
Emergencv Shelter �118,265.00
ESSENTIAL SERVICES
Caseworker($39,574/yr x 100%) $39,574.00
Caseworker($36,316/yr x 50%) $18,158.00
Crisis Intervention Specialist phone intake (PT 20hrs/wl/ $11,451 x 100%) $11,451.00
Medication/First Aid (25 persons x$50 each) $ 1,250.00
Bus Passes (75 persons X$10 each) $ 750.00
Childcare (10 children X$100/wk x 2weeks) +$250 $ 7,250.00
SHELTER OPERATIONS
Fire & Security System: $157.33/mo x 12) $ 1,888.00
Property Liability ($212/mo x 12) $ 2,544.00
Food: $500/month for groceries for meals on-site $ 6,000.00
Fuel: shelter vehicle ($50/ week x 50 weeks) $ 2,500.00
Shelter Supplies ($692/mo x 12) +250.00 $ 2,800.00
Shelter Utilities ($1700/mo x 12) $16,900.00
Resident Phone $ 600.00
Shelter Contracts ($1,000 each: IT, Phone, & Copier, $3,600 Housekeeping) $ 6,600.00
Homelessness Mana�ement Information Svstem (HMIS) $ 5,060.00
Purchase and Installation of Comparable Software $ 3,660.00
Training $ 1,400.00
Administrative Costs $ 2,521.00
Program Director ($35,000 +$7,833 fringe /yr x 5.88%) $ 2,021.00
Contract Implementation Workshop (1) $ 500.00
TOTAL BUDGET $125,846.00
PROJECT MATCH
�'"�•��v���t�cM �'�ri����» �� 72,000.00
Office Rent
Other Q 53,846.00
DonationsNolunteer Hours
I� CI �TI�o��u�N�l
Page 14 of 15
$125,846.00
EXHIBIT C
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 4213 0001747
Contract Term: ] 0/1/2013-9/30/2014
Agency: City of Denton
Page 15 of 15
2013-14 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 cor-
poration, hereinafter referred to as "CITY", and AGENCY, a non-proft corporation, Giving Hope, Inc P. O.
Box 50946 Denton, TX 76206, hereinafter referred to as "ORGANIZATION";
WHEREAS, CITY has authorized the City Manager to accept the Texas Department of Housing and Com-
munity Affairs Emergency Solutions Grant Program (ESG) Award, under the Department of Housing and Ur-
ban Development (HLTD) 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 ESG; and
WHEREAS, CITY has accepted funds from the Texas Department ofHousing and Community Affairs (TDHCA)
for the purpose of paying for specific contractual services by specific agencies named in the ESG 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 Work Statement attached hereto as Exhibit A, in a satisfactory and effcient 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 Nineteen Thousand, Two Hundred Dollars
($119 , 2 00 . 0 0) may be paid to ORGANIZATION by CITY on a reimbursement basis, subject to pay-
�nent 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 project 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 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 fnancial 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 confdentiality of records and other information
relating to clients subject to applicable federal and state law, rules, and regulations.
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 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 and required by TDHCA under any and all published Rules and
Regulations for the Emergency Solutions Grant. Equipment or services purchased by the
ORGANIZATION under 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 ofthe TDHCA Contract, including, with-
out limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the
requirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as
Exhibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to
do the following:
Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA
2. a. Comply with the provisions ofthe ESG as published in the Catalog of Federal Domestic Assis-
tance (CFDA) (hereinafter referred to as "ESG 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 ESG 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 re-
yuirements as applicable and shall ensure that the ESG Assisted Persons/Units comply in all re-
spects with the ESG Regulations.
b. Comply with Title VI ofthe Civil Rights Act of 1964 (Public Law 88-352), Section 504 ofthe
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 reli-
gion be excluded from participation in, or denied, any aid, care, service, or other benefts provid-
ed 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
employment verification and retention of verifcation forms for any individuals hired on or after
November 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 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, tax returns, and agency budgets may be required and shall be
made available to CITY or TDHCA upon request.
7. 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.
8. Hold TDHCA and CITY harmless from and against all claims, demands, and causes of action, which
may be asserted by any third party in connection with the performance of contracted services.
9. Provide services in accordance with the current TDHCA ESG funding application and allow
TDHCA and CITY to monitor same. Some possible methods may include on-site visits, document
review, questionnaires, or interviews.
10. Participate fully in any evaluation study of this program authorized by TDHCA or CITY.
11. Not transfer or assign this Agreement without the prior written consent of TDHCA and CITY.
TDHCA and CITY shal l not transfer ar 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.
12. a. Submit billings for services, program reports, performance and financial status reports as required
by TDHCA to the CITY by dates reyuired by Community Development.
b. Non-receipt ofthe 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 ofthis Agreement and/or nonpayment ofthe billings or any portion ofthe billings that
are not received within the specified time limit. Failure to comply is valid justification for imme-
diate termination ofthis Agreement. The ORGANIZATION agrees that the information submit-
ted is true and accurate. The ORGANIZATION further agrees to supply documentation to CITY
for the purposes of verifying reported information if requested.
13. 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 or A-122 and the TDHCA Contract. ORGANIZATION shall comply with the retention and
custodial requirements for records as set forth in OMB CircularNo. 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.
14. 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 ofthe Agreement. Ifany litigation, claim, or audit involv-
Page 3 of 15
ing these records begins before the five-year period expires, the ORGANIZATION wil l keep 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
agreement is entered into between TDHCA, CITY and ORGANIZATION. ORGANIZATION will
keep records of nonexpendable property acyuired under the Agreement for five (5) years after final
disposition of the property.
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
membership, 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 effective.
16. Refrain from entering into any subcontract for services without prior approval in writing by TDHCA
and CITY ofthe qualifcations ofthe subcontractorto perform and meetthe standards ofthis 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 Agreement to influence the outcome of elections or the passage or defeat
of any legislative measures.
3. TIME OF PERFORMANCE
The services funded by CITY shall be undertaken and completed by ORGANIZATION within the following
time frame: October 1, 2013 through September 30, 2014, unless the contract is sooner terminated under Section
8 "Suspension or Termination".
4. PAYMENTS
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a maximum amount of money
not to exceed One Hundred and Nineteen Thousand, Two Hundred Dollars
($119 , 2 0 0. 0 0) 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 expendi-
tures with reconciliation at the end ofthe month. Documentation of expenditures must be submitted to the
Community Development Division by dates required by Community Development. 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
compliance 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 reyuired in order for the
following 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 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 per-
sonal property. Any procurement or purchase, which may be approved under the terms ofthis Agreement,
must be conducted in its entirety in accordance with the provisions of this Agreement.
Page 4 of 15
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 deter-
mines:
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 adeyuate 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
auditing 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 this Contract, CITY may reyuire a refund of any and all money expended pursuant to
this Contract 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 reversion ofthese 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 pro-
vision of a corresponding level ofperformance, 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 specifed 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 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
individuals 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 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 pro-
gram income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts deter-
mined 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 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 report 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 ex-
penditure 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 time and place thereof. Such notice shall be delivered to CITY in a time-
ly manner to give adequate notice, and shall include an agenda and a brief description of the matters to be dis-
cussed. 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 ofthis Agreement, the ORGANIZATION'S insolvency or filing ofbankruptcy,
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
unable 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. Ifthis 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
Page 6 of 15
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 any unexpended CITY funds. Acceptance
of these funds shall not constitute a waiver of any claim CITY may otherwise have arising out of this
Agreement.
9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal
provisions.
B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
C. ORGANIZATION will comply with Title VI ofthe Civil Rights Act of 1964 (Public Law 88-3�2), Sec-
tion 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 fund-
ing, 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).
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 of April 20, 1995, 74th Leg,
Reg. Sess., ch. 20, §l, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam. Code
Ann. '26 ] .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
offense 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
Agreement may be canceled, terminated, or suspended in whole or in part, and ORGANIZATION may be
barred from further contracts with CITY.
10. WARRANTIES
ORGANIZATION represents and warrants that:
Page 7 of 15
A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are
complete and accurate as ofthe 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 fnancial 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. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has
taken all necessary action to authorize such acceptance under the terms and conditions ofthis Agreement.
F. None of the assets of ORGANIZATION are subject to any lien or encumbrance of any character, except
for current taxes not delinquent, except as shown in the financial statements furnished by
ORGANIZATION to CITY.
Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by
the submission of each reyuest for payment.
11. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms ofthis 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 catego-
ries 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 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 or local laws or regula-
tions pursuant hereto may occur during the term ofthis Agreement. Any such modi�cations 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 specifed by the law or regulation.
E. CITY may, from time to time during the term ofthe Agreement, reyuest 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 re-
yuire 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.
Page 8 of 15
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, at-
torney fees, expenses, and liability arising out of the use of these contracted funds and program admin-
istration and implementation except to the extent caused by the willful act or omission of CITY, its agents
or employees.
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 ap-
plicable.
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 oftheir employment must possess a valid Texas Driver's license
and automobile liability insurance. Evidence ofthe 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 reyuires 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 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-proft 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 perfor-
mance of this Agreement, no person having such interest shall be employed or appointed as a member of
its governing body.
Page 9 of 15
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 ofthe undertaking or carrying out ofthis 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
interest, 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 ofthe 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 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
Giving Hope, Inc
ATTN: Executive Director
P. O. Box 50946
Denton, TX 76206
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 or other financial institution
without 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 in-
sist in any one or more instances upon the terms and conditions of this Agreement constitute or be con-
strued in any way to be a waiver by CITY of any breach of covenant or default which may then or subse-
quently 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 hereun-
der, 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 commit-
ment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this
Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpre-
tation or meaning of any part ofthis Agreement or its governing rules, codes, laws, ordinances, or regula-
Page 10 of 15
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
litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County,
Texas.
1� '� �T�I��'� �'�-li 1�� �.�1� b i:6�s� �a��d ti��s do hereby affix their signatures and enter into this Agreement as of
the ���'"��'� �� �� ea��' ����� .��� �� ��w � ." �� � m� 2013.
�'];Z`"�" OF DENTON, TEXAS
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GEORGE� �� ,�� mm�
BY � 1131^,�l Is�CI���...._.� ��.........�� _�:
• � TY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY ,, � � .: �. , �..��_ � ..m
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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GIVING 1 �f��N��;, ���C. �
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Page 11 of 15
EXHIBIT "A"
WORK STATEMENT
The primary outcome for Emergency Solutions Grant (ESG) funds is to prevent and end homelessness. This
program funded by ESG is designed to improve administrative effciency and enhance response coordination and
effectiveness in addressing the needs of homeless persons and broaden existing services.
Collaborators are required to read and follow the most current ESG guidelines as issued by the Department of
Housing and Urban Development as set forth in the Interim Regulations for Homeless Emergency Assistance and
Rapid Transition to Housing 24 CFR Parts § 91 and § 576 (Consolidated Plan Conforming Amendments and
Emergency Solutions Grants Program) and Cost Principles set forth in OMB Circular A-87 or A-122 as applica-
ble. ESG guidelines are also provided from the Texas Department ofHousing and Community Affairs (TDHCA)
in the Texas Administrative Code Subchapters A. General Provisions & K. ESG Rules. Finally, agencies will
abide by the local ESG written standards and procedures established under 24 C.F.R. § 576.400.
ELIGIBLE SERVICES
ESG funds may be used to deliver services in five program components. To be eligible, agencies will ensure that
all households meet the homelessness or at-risk of homelessness definition along with the minimum eligibility
requirements to receive services.
ORGANIZATION will be eligible to deliver services in the category (ies) listed below.
Street Outreach - as defined in 24 C.F.R. § 576.101
The purpose of ESG street outreach is to provide essential services to unsheltered homeless persons.
� Outreach & Engagement
• Case Management
• Emergency Health Services
• Emergency Mental Health Services
. Transportation
• Services for Special Populations
Homeless Prevention as defined in 24 C.F.R. § 576.103
Agencies must assess and document that the household would become homeless (per the definition above) but
for the ESG assistance. In other words, a household would require emergency shelter or would otherwise become
literally homeless in the absence of ESG assistance.
Homelessness Prevention assistance must be provided in accordance with the housing relocation and stabili-
zation services reyuirements in § 576.105, the short- and medium-term rental assistance requirements in §
576.106, and the written standards and procedures established under § 576.400.
• Financial Assistance
Services
Housin� Search & Placement
Housing Stabilitv Case Mana eg ment
Mediation
Le�al Services
Credit Repair
Short- and Medium-Term Tenant Based Rental Assistance may be provided with up to 24 months of
rental assistance during any 3-year period.
Page 12 of 15
Rapid Re-Housing as defined in 24 C.F.R. § 576.104
The purpose of ESG rapid re-housing is to assist eligible program participants to quickly obtain stable housing.
Priority will be given to individuals in ESG funded Emergency Shelters. ESG funds may be used to provide
housing relocation and stabilization services and short- and/or medium-term rental assistance as necessary to help
a homeless individual or family move as quickly as possible into permanent housin� and achieve stability in
that housing.
Rapid Re-housing assistance must be provided in accordance with the housing relocation and stabilization
services requirements in § 576.105, the short- and medium-term rental assistance reyuirements in § 576.106,
and the written standards and procedures established under § 576.400.
• Financial Assistance
Services
Housing Search & Placement
Housin� Stability Case Mana eg ment
Mediation
Le�al Services
Credit Repair
Short- and Medium-Term Tenant Based Rental Assistance- may be provided with up to 24 months
of rental assistance during any 3-year period.
Homeless Management Information System (HMIS) as defined in 24 C.F.R. § 576.107
ESG funding provides for Access and maintenance of HMIS System. All agencies receiving ESG funds are
required to participate to the CoC's HMIS except as prohibited by law. HMIS participation must comply with
HLJD standards on participation, data collection and reporting to HMIS Lead as participation ensures more effi-
cient collaboration and coordination of services. Service to participants includes:
• Contributing Data to the HMIS or comparable database
PEFORMANCE AND OUTCOMES
Performance measures and outcomes will be established by the Texas Department of Housing and
Community Affairs (TDHCA). ORGANIZATION will make every effort to meet all performance and out-
comes measures established by TDHCA.
Regular reporting will be mandated in a schedule determined by TDHCA. ORGANIZATION will meet all
TDHCA performance and outcome reporting deadlines.
Page 13 of 15
EXHIBIT "B"
PROJECT BUDGET
�t�°��t 4)w��i���e�tr.�a �10,500.00
Homelessness l'�°ev�����+a�� ;� 20,000.00
HOUSING RELOCATION & STABILIZATION SERVICES (HRSS)
Utility payments ($32,760/yr x 22%)
TENANT BASED RENTAL ASSISTANCE
ST Rental Assistance (23-27 households x$600/mo rent x 1-2mo)
$ 2,000.00
$ 18,000.00
Ranid Re-HousinE mmmmmmmmmmmIT _IT___ITITITIT $ 82,500.00
HOUSING RELOCATION & STABILIZATION FINANCIAL
Security Deposits (15 households x$600-650 avg.) $ 4,500.00
HOUSING RELOCATION & STABILIZATION SERVICES
Program manager (FT $35,000/yr + Fringe) $ 35,500.00
TENANT BASED RENTAL ASSISTANCE
ST Rental Assistance (23-27 households x$600/mo rent x 1-2mo) $ 30,500.00
MT Rental Assistance (12-14 households x$600/mo rent x 4-Smo) $ 12,000.00
Homelessness Mana�ement Information Svstem (HMIS) $ 3,200.00
HMIS data entry user fee ($600/yr x 2) $ 1,200.00
Training/Overhead $ 2,000.00
Administrative Costs $ 3,000.00
Admin Support Salary (PT (30,680/yr x 4%) $ 1,000.00
Contract Implementation Workshop ($500 x 2) $ 1,000.00
Mileage $ 500.00
Supplies/Computer Maintenance $ 500.00
TOTAL BUDGET
$119,200.00
PROJECT MATCH
C�ca'�������"� HUD �+"����c�.� '� 10,500.00
SHP
Other �+"cci��M�,rl F»nc�s Q 15,665.00
EFSP
I��,r�.�l �pc�r��t � 10,500.00
COD Salaries
Private Funds $ 33,000.00
Offce Rent, Salaries
Other
DonationsNolunteer Hours
TOTAL MATCH
�._- � ,
29,500.00
$ 99,165.00
EXHIBIT C
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 4213 0001747
Contract Term: 10/1/2013-9/30/2014
Agency: City of Denton
Page 15 of 15
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This Agreement is herehy entered into by and between the City of Denton, Texas, a home rule municipal
corporatian, hereinafter referred to as 6`CITY9g9 and AGENCY, a nan-profit corparatian, The Salvation Army
Denton Carps ] 508 East McKinney StreetDenton, TX 76201, hereinafter referred to as
66V1�V/11V1LK L 1o1V99y
WHEREAS, CITY has autharized the City Manager to accept the Texas Department of Housing and Cam-
munity Affairs Emergency Solutions Grant Program (ESG) Award, under the Department of Housing and
Urhan Development (HUD} Homeless Emergency Assistance and Rapid Transitian 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 ESG; and
WHEREAS, CiTY has accepted funds from the Texas Department of Housing and Community Affairs
(TDHCA) far the purpose of paying for specific contractual services by specific agencies named in the ESG ap-
plicatian; and
WHEI2LAS, CITY has adopted a budget for such funds and included therein an authorized budget for expendi-
ture of funds far assistance to homeless and potentially homeless families; and
WHEREAS, CITY has designated the Community Develapment Divisian as the division responsible far the ad-
ministration of this Agreement and all matters pertaining thereto; and
NOW, THEREFORE, the parties hereta mutually agree as follows:
f �.YK�] � 0[�7�.'�l •.��I[�.�
ORGANIZATION hereby accepts the respansibility 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 cansider ORGANIZATION'S executive afficer to be
ORGAN [ZATION's representative responsible for the management of all contractual matters pertaining hereta,
unless written notificatian to the contrary is received fratn ORGANIZATION, and appraved by CITY.
The C1TY'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
conditions:
A. A sum 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, subject to
payment af money to the CITY by TDHCA on a cost-reimbursement basis in accordance with the Con-
tract for an Emergency Solutions Grant Program between the CITY and TDHCA, hereinafter referred to as
"TDHCA Cantract". The only expenditures reimbursed from these funds shall be those in accardance
with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for thase ex-
penses listed in the scape of services as provided herein. ORGANIZATION shall not utilize these funds
for any otlier purpose.
B. ORGANIZATION will establish, aperate, and maintain an accaunting system for this program that will
al low for a tracking of funds and a review af the financial status of the program. The system will be based
an generally accepted accounting principles as recognized by the American Institute of Certified Public
Accountants.
C. ORGANIZATIdN will permit authorized officials of CITY to review its books at any time.
Page I 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 wauld encumber CITY funds for a period that
would extend beyand the term of this Agreement.
F. ORGANIZATION will pramptly 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 Develapment Division.
G. ORGANIZATION will appoint a representative wha will be available ta 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. ORGANTZATION will indemnify and hald harmless CITY, its afficers and employees, from any and all
claims and suits arising aut 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 and required by TDHCA under any and all published Rules and
Regulations far the Emergency Solutions Grant. Equipment or services purcl�ased by the
ORGAN(ZATION under the TDHCA contract shall not be transferred, disposed af, or sold without written
permission by the CITY.
L. ORGANiZATION shall fully campiy with all the requirements ofthe TDHCA Contract, including, with-
out I imitation, all the requirements and federal and state law, rules, regulatians, and guidelines, and all the
requirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as
Exhibit C and made a part af this Agreement far all purposes. In particular, ORGANIZATION agrees to
do tl�e following:
1. Adhere ta federal and state law, rules, regulations, and guidelines provided by TDHCA
2, a. Camply with the provisions of the ESG as published in the Catalog af Federal Dorrrestic Assis-
tance (CFDA) (hereinafter referred ta as "ESG 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 ESG Regulations, associated Executive Orders, stat-
utes, OMB Circulars, ather related federal regulations, and all future revisians and amendments
to the same. The Sub-recipient shall become thoraughly familiar with all of the foregaing re-
quirements as applicable and shall ensure that the ESG Assisted Persons/Units comply in all re-
spects with the ESG Regulations.
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 ofthe
Rehabilitation Act of 1973 (Public Law 93-112}, the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments ta 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, colar, national origin, sex, age, disability, palitical beliefs, or reli-
gion be excluded from participation in, ar denied, any aid, care, service, or other benefits provid-
ed by federal and/or state funding, or otherwise be subjected to discrimination.
c. Comply with the requirements of the Immigration Reform and Cantrol 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 labar or services under any cantract between
ORGANIZATION and CITY.
d. Comply with Health and Safety Code §85.1 13 (relating to workplace and confidentiality guide-
lines regarding AIDS and HIV).
Page 2 of 15
3. Camply 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. §261.10] et seq.}.
5. Be subject to an audit by a Certified Public Accauntant and pravide 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
tnade available to CITY or TDHCA upon request.
7. Use generally accepted accounting procedures as recognized by the American Institute of Certified
Public Accauntants and follow TDHCA financial management policies and pracedures in maintaining
fiscal records required to be kept under this Agreement.
8. Hold TDHCA and CITY harmless from and against all claims, demands, and causes of action, which
may be asserted by any third party in cannection with the performance of contracted services.
9. Provide services in accordance with the current TI7HCA ESG funding application and allow
TDHCA and CITY to manitor same. Some possible methads may include on-site visits, document
review, questionnaires, ar interviews.
] 0. Participate fully in any evaluation study of this program authorized by TDHCA or CITY.
1 l. Nat transfer or assign this Agreement without the prior written consent of TDHCA and CITY.
TDHCA and CiTY shall not transfer or assign this Agreement withaut 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.
12. 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 justificatian for immediate ter-
mination oftl�is Agreement and/or nonpayment afthe billings or any portion ofthe billings tliat
are not received within the specified time limit. Failure to comply is valid justification for imrne-
diate tennination ofthis Agreement. The ORGANIZATION agrees that the information submit-
ted is true and accurate. The ORGANIZATION further agrees to supply documentation to CITY
for the purposes of verifying reparted information if requested.
13. Make available at reasonable times and for reasonable periods client records, books, and supporting
documents pertaining to services pravided for inspecting, manitoring, audiiing, 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 fiinds made under this Agreement in a manner that conforms to OMB Circular No.
A-87 or A-122 and the TDHCA Contract. ORGANIZATION shall comply with the retentian 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 Comptraller General of the United States, the Auditar af the State of
Texas, and any TDHCA authorized representative, access ta and the right ta reproduce all records be-
longing to ar 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.
14. Maintain and keep financial and supporting documents, statistical records, and other recards 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. Tf any litigation, claim, or audit invalv-
Page 3 of ] 5
ing these records begins before the five-year period expires, the ORGANIZATION will keep the rec-
ords and documents for not less than five (5) years and until all I itigation, claims, or audit findings are
resalved. The case is considered resolved when a final order is issued in litigation, or a written
agreement 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
disposition of the property.
15. Notify TDHCA and CITY immediately of any significant change affecting the ORGANIZATION
and ORGANIZATION'S identity, such as awnership or control, name change, governing board
membership, vendor identification number, and personnel changes affecting the contracted services.
Changes must be provided in writing to TDHCA and CITY within ] 0 warking days after the changes
are effective.
16. Refrain from entering into any subcontract for services without prior approval in writing by TDHCA
and CITY ofthe qualifications ofthe subcontractar ta perform and meet the standards of this Agree-
ment. All subcontracts entered inta by the ORGANIZATION will be subject to the requirements of
this Agreement. The ORGANIZATION agrees to be responsible to TDHCA and CITY far the per-
formance of any subcontractor.
17. Not use funding under this Agreement to influence the outcome of elections ar the passage or defeat
of any legislative measures.
!;' ;��
The services funded by CITY shall be undertaken and completed by ORGANIZATION within the following
time frame: October 1, 2013 through September 30, 2014, unless the cantract is sooner terminated under Section
8 "Suspension or Termination".
CA71•/ �l!:D7►YIf.'�
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a maximum amount of money
not to exceed One Hundred and Fifty Thousand, Five Hundred Dallars
($150 , 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 manthly expendi-
tures with reconciliation at the end of the month. Documentation of expenditures must be submitted ta the
Community Development Division by dates required by Community Development. ORGANIZATION'S
failui•e ta provide t11e information on a timely basis may jeopardize present or future funding.
B. Costs shall be considered allawable only if incurred directly specifically in the performance of and in
compliance with this Agreement and in confarmance with the standards and provisions of Exhibits A and
B.
C. Approval of ORGANIZA7'ION'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
follawing ta be considered allowable costs:
1. Encumbrance or expenditure during any one manth 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 subcantractors af ORGANIZATION,
and CTTY 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 sufit-
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 per-
sonal property. Any procurement or purchase, which may be appraved under the terms ofthis Agreement,
must be conducted in its entirety in accordance with the provisions ofthis Agreement.
D. Excess Payment. ORGANIZATION shall refund ta CITY within ten (10) warking days of CITY's re-
quest, any sum of money which has been paid by CITY and which CITY at any time thereafter deter-
mines:
has resulted in overpayment to ORGANIZATION; or
2. has not been spent strictly in accordance with the terms af this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
E. Disallowed Costs/ Reversion af Assets. Upon terminated of this Agreement, should any expense or
change for which payment has been made be subsequently disallawed or disapproved as a result of any
auditing or monitoring by CITY, the Department of Housing and Urban Development, Texas Department
of Hausing and Cominunity Affairs, or any other Federal ar state agency, ORGANIZATION will refund
such amount to CITY within ten warking days of a written natice to ORGANIZATION, which specifies
the amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable ta camply with
any of the terms of this Cantract, CITY may require a refund of any and all maney expended pursuant to
this Contract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded
to CITY within ten working days of a written notice ta ORGANIZATIdN to revert these financial assets.
The reversion ofthese financial assets shall be in addition to any other remedy available to CITY eitl�er at
law or in equity for breach of this Contract.
Refunds of disallawed costs may nat be made from these or any funds received from or through
CITY.
F. Deobligatlon afFunds. In tlle event that actual expenditure rates deviate fram ORGANIZATION'S pro-
vision of a corresponding level of perfarmance, as specified in Exhibit A, CITY hereby reserves the right
to reapprapriate or recapture any such under expended funds. In the event that actual expenditures deviate
fram ORGANIZATION'S provision af a corresponding level of performance, as specified in Exhibit A,
CITY hereby reserves the rigl�t to reapprapriate or recapture any such under expended funds.
G. Contract Close Out. ORGANIZATION shall submit the cantract close out package to CITY, together
with a iinal expenditure report, for the time period cavered by the last invoice requesting reimbursement of
funds under this Agreement, within fifteen (15) working days following the clase of the coniract period.
ORGANIZATION shall utilize the form agreed upon by CITY and ORGANIZATION.
� � ., �
A. For purposes af this Agreement, "program income" means earnings of ORGANIZATION realized from
activities resulting fram this Agreement or from ORGANIZATION' S management of funding pravided or
income from interest, usage or rental or lease fees, income produced from contract-supported services of
individuals or employees or fram the use ar 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
dRGANIZATION under this Agreement.
B. ORGANIZATION shall maintain recards of the receipt and disposition of program income in the same
manner as required for other cantract funds, and reported ta CITY in the format prescribed by CITY.
CITY and ORGANIZATION agree that any fees collected far services perfonned by ORGANIZATIdN
shall be spent anly for service provision. These fees or ather program income will be deducted fram the
regular payment request.
C. ORGANIZATION shall include this Section in its entirety in all af its sub-contracts, which invalve ather
incame-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 thereaf, constitutes pra-
gram income. ORGANIZATION is respansible to CITY for the repayment ofany and a(1 amounts deter-
mined by CITY to be pragram incame, unless atherwise approved in writing by CITY.
Page 5 af ] 5
A �
OR(:,ANfZATION 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 pravide CITY the following data and reparts, ar
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 canducted by a certified public accountant.
B. All external or internal evaluation reports.
C. Monthly perfarmance report to be submitted ta CITY by dates required by Community Development.
D. ORGANIZATION agrees to submit monihly financial status reports to tl�e CITY by dates required by
Community Development.
E. An explanation of any ma�or changes in program services.
P. To cornply with this section, ORGANIZATION agrees to maintain records tl�at will provide accurate, cur-
rent, separate, and complete disclosure af 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 suppart and justification for each expenditure. ORGANIZATION agrees ta retain al] books,
records, documents, reports, and written accounting procedures pertaining to tl7e services pi°ovided and ex-
penditure of funds under this Agreement for the period of time and under the conditians specified by the
CITY.
G. Nothing in the above subsections shall be construed ta relieve ORGANfZATION of respansibility for re-
taining accurate and current recards, which clearly reflect the leve! and benefit of services, provided under
this Agreement.
� � �.
During the term of this Agreement, ORCANIZATION shall deliver to CITY copies of al I notices af ineetings of
its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a time-
ly manner to give adequate notice, and shall include an agenda and a brief description of the matters to be dis-
cussed. ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to all
meetings af its Board of Directors.
Minutes of all meetings af ORGANIZATION'S gaverning body shall be available to CITY within ten (10) work-
ing days af approval.
; � � � � � ;
A. The CITY may terminate this Agreement with cause if the ORGANIZATION vialates any covenants,
agreements, ar guarantees afthis Agreement, the ORGANIZATION'S inso(vency or filing of bankruptcy,
dissolution, or receivership, or the ORGANIZATION'S violation of any law or regulatian ta 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 af state and/or
federal funds. If funds far the agreement become unavailable during any budget period, and TDHCA is
unable ta abtain additional funds, then this agreement will be terminated or reduced. Terminatian under
this section shall nat subject TDHCA to a penalty or other claims.
�. The CITY may terminate this Agreement for convenience at any time. Ifthis Agreement is terminated for
convenience by the CITY, ORGANIZATION will be paid an amount not to exceed the total amaunt of ac-
crued expenditures as af the effective date of terminatian. In no event will this compensation exceed an
Page 6 of 15
amount, which bears the same ratio ta the total compensation as the services actually performed bears ta
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 af funding and specify a reasonable date for compliance.
in case oftermination, 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
Agreement.
� � � 1''•'' � � .
A. ORGANIZAT[ON will be in compliance with the Equal Employment and Affirmative Action Federal
pravisions.
B. ORGANIZATION shall camply 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), Sec-
tion 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 reGuirements imposed by the regulations
issued pursuant to these acts. These provide, in part, that na persans in the United States shall, an 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 federa) and/ar state fund-
ing, or atherwise be subjected to discriminatian.
D. Comply with the requirements ofthe Immigratian Refarm and Control Act of 1986 regarding employrnent
verification and retentian of verification forms far any individuals hired an or after November 6, 1986,
who will perform any labar or services under any contract between TDHCA and the Contractor.
E. Comply with Health and Safety Code Section $5.113 (relating to workplace and confidentiality guidelines
regarding AIDS and HIV).
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 ta the Texas Department af Protective and Regulatory Ser-
vices (DPRS) or a local law enforcement agency office as required by Act of April 20, 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
offense invalving 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-
clasure 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 boaks, recards, and accaunts for purposes af investigation to ascertain compliance with local, State and
Federal rules and regulations.
J. Tn the event of ORGANTZATION'S non-compliance with the nan-discrimination requirements, the
Agreement may be canceled, terminated, or suspended in whole or in part, and ORGANIZATION may be
barred irom further contracts with CITY.
10. WARRANTI�S
ORGANIZATION represents and warrants that:
Page 7 of 15
A. All infarmation, reparts and data heretofore or l�ereafter requested by CITY and furnished to CITY, are
complete and accurate as af the date shown an the informatian, data, or repart, and, since that date, have
not undergone any significant change withaut written notice to CITY.
B. Any supporting financial statements heretofare requested by CITY and furnished to CITY, are complete,
accurate and fairly reflect the financial conditions of ORGANIZATION on the date shawn on said report,
and the results af the operation far the period covered by the report, and that since said data, there has been
no material change, adverse or atherwise, in the financial conditian of ORGANIZATTON.
C. No litigation or legal praceedings 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 ar with the provisions of any existing indenture ar agreement of
ORGANIZATION.
E. dRGANIZATION has the power ta enter into this Agreement and accept payments hereunder, and has
taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of ORGANIZATION are subject to any lien ar encumbrance of any character, except
for current taxes not delinquent, except as shawn in the financial statements furnished by
ORGANIZATIdN ta CITY.
Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by
the submission of each t°equest for payment.
1 1
A. Any alterations, additians, or deletions to the terms af this Agreement shall be by written amendment exe-
cuted by both parties, except when the terms of this Agreement expressly provide that anotller methad
shall be used.
B. CIRGANIZATION may nat make transfers between or among approved line-items within budget catego-
ries set forth in Exl�ibit B without prior written appraval of the Community Development Administratar
for the CITY. ORCiANiZATION sl�all 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
Agreetnent. In addition, budget revisions cannot significantly change tlle nature, intent, or scope af the
program funded under this Agreement.
C. ORGANIZATION will submit revised budget and program information, wheneverthe level offunding for
CIRGANIZATION or the program(s} described herein is altered according to the total levels contained in
any portian af Exhibit B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regula-
tians 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 or 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 llereto, as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall re-
quire the prior written approval af CITY.
G. ORGANIZATION agrees to notify CITY of any proposed change in physical locatian for work perfonned
under this Agreement at least thirty (30) calendar days in advance of the change.
H. ORGANIZATION shall natify CITY of any changes in personnel or governing board compasition.
Page 8 of 15
It is expressly understaod that neither the performance of Exhibit A for any program contracted hereunder
nor the transfer of funds between or among said prograrrrs will be permitted.
1 �
A. It is expressly understoad and agreed by both parties hereto that CITY is contracting with
ORGANIZATION as an independent cantractor and that as such, ORGANIZATION shall save and hold
CITY, its afficers, 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 ar damages of any charac-
ter whatsoever resulting in whole ar in part from the performance or omission of any employee, agent or
representative of ORGANIZATION.
B. ORGANIZATION agrees ta provide the defense for, and to indemnify and hold harmless CITY its agents,
employees, or cantractors from any and all claims, suits, causes of action, demands, damages, losses, at-
torney fees, expenses, and liability arising out af the use of these contracted funds and program admin-
istration and implementation except to the extent caused by the willful act or omissian of CITY, its agents
or emplayees.
13. INSURANCE
A. ORGANIZATION shal] 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 �nsurance, commonly referred to as 660wn-
er/TenanY9 coverage with CITY named as an additional insured. Upon request of ORGANIZATION,
C[TY may, at its sole discretion, approve alternate insurance coverage arrangements.
C. ORGANIZATION will cotnply with applicable workers' compensation statutes and will obtain employers'
liability coverage wliere available and otl�er appropriate liability coverage for program participants, ifap-
plicable.
D. ORGANIZATION will maintain adequate and continuaus liability insurance on all vehicles owned,
leased, or operated by ORGANIZATION. All employees of ORGANIZATION who are required to drive
a vehicle in the narmal scope and course aftheir employment must possess a valid Texas Driver's license
and automobile liability insurance. Evidence of the employee's current passession of a valid license and
insurance must be maintained on a current basis in ORGANIZATION'S files.
E. Actual losses are not cavered by insurance as required by this Section are not allowable casts under this
Agreement, and remain the sole responsibility of ORGANIZATION.
F. The policy or palicies of insurance shal l contain a clause which requires that CITY and ORGANIZATION
be notified in writzng af any cancellation or change in the policy at ieast thirty (30) days prior to such
change or cancellation.
� • �', .
A„ With respect to the use of ESGP funds to procure services, equipment, supplies ar other property, states,
territories and units of general local gavernment that receive ESGP funds shall comply with 24 CFR
85.36(b)(3), and non-profit subgrantees shall camply with 24 CFR 84.42.
B. ORGANTZATION covenants that neither it nor any metnber 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 cavenants that in the perfor-
mance of this Agreement, no person having such interest shall be employed or appointed as a member of
its governing body.
Page 9 of l5
C. OFZGANIZATION further covenants that no member of its governing bady or its staff, subcantractors or
emplayees shall possess any interest in or use his/her position for a purpose that is ar gives the appearance
of being motivated by desire far private gain for himself/herself, ar others; particularly tl�ose with whicl�
he/sl�e has family, business, ar 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 af 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
interest, direct or indirect, in this Agreement or the praceeds thereof.
"�
ORGANIZATION shall nat employ in any paid capacity any person who is a member of the immediate fami ly of
any person who is currently employed by ORGANIZATION, or is a member of ORGAN IZATION'S gaverning
board. The term'°tnember 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.
� •
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
mai I, postage prepaid, registered or certified, return receipt requested, addressed to ORGAN IZATI ON or CITY,
as the case may be, at the following addresses:
C[TY
City of Denton, Texas
Attn: City Manager
215 C. McKinney
Denton, TX 76201
!: :► � !
The Salvation Army Denton Corps
ATTN: Executive Director
1508 East McKinney Street
Denton, TX 76201
Eithe�- party may cl�ar�ge its mailing address by sending notice of change of address to the other at tl�e above ad-
dress by certified mail, return receipt requested.
�
A. ORGANIZATION shali 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 institutian
without the prior written approval of CITY.
B. If any provision ofthis Agreement is he(d ta be invalid, illegal, or unenforceable, the remaining provisians
shall remain in full force and effect and continue to conform to the ariginal intent of both parties hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any ather act or failure af CITY to in-
sist in any one or more instances upon the terms and conditions of this Agreement constitute or be con-
strued in any way to be a waiver by CITY of any breach of covenant or default which tnay tl�en ar subse-
quently be coinmitied by ORGANIZATION. Neither shall such payment, act, ar omission in any manner
impair ar prejudice any right, power, privilege, or remedy available to CITY to enfarce its rights hereun-
der, which rights, powers, privileges, or remedies are always specifically preserved. No representative or
agent of CTTY may waive the effect of this provisian.
D. This Agreement, together with referenced exhibits and attachinents, constitutes the entire agreement be-
tween the parties hereta, and any prior agreement, assertion, statement, understanding, or otl�er commit-
ment occurring during the term of this Agreement, or subsequent thereta, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this
Agreement.
�. In the event any disagreement ar dispute should arise between the parties hereto pertaining to the interpre-
tation ar rneaning of any part ofthis Agreement or its governing rules, cades, laws, ordinances, or regula-
Page 10 of l5
tions, CITY as the party ultimately responsible to HUD for matters ofcompliance, 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
litigation concerning this Agreement shall be in a court of competent j urisdiction sitting in Denton County,
Texas.
�� �� �!I ;�� �%r"6�# ��:i� l 4�1�, p� ds� ��d.�a�i+�s do hereby affix their signatures and enter into this Agreement as of
the���� �.; �i���� ������ , ��°" ��.,�"�a�-� 2013.
�"!"l""�� OF DENTON, TEXAS
�,�°,�a� ��,,.�• °'.�„ � w�µ �,� � ,,-�
� �� � �
BY �,µ��� ��I;A�t�, CITY MANAGE �mm
� � � �....�..�
GEORGE �C � ' R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BYa M � � �W"
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�'�'���� ���� � ,, �����_ �.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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�" � ����` ,�"°� µ���- � � "�
BY:�,,, ,,...„��^� � ^�""-^�'� � � f � �u�°�� �
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THE SALVATION ARMY, DENTON CORPS
BY; ��� p � L � �.._f.'�d , �'��" � �,c����
����r�. �9 aW���� :�4����� '`� ,"� 1� i v i s i o n al Co rv�m cw �����,ww
ATTEST:
M�.� � � � � �;� �,� �" ��
BY: �� ..��� �,.w (' � °�('�.� Riche,rd /uci'onnie�
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�� .. rr
�� �C "�� � � a�� �° o v, �� 9`�� e c r��, ����.��� y
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Page 11 of ] 5
:
• ".
Tl�e primary outcome for Emergency Salutions Grant (ESG) funds is to prevent and end homelessness. This
program funded by ESG is designed to imprave administrative efficiency and enhance respanse coordination and
effectiveness in addressing the needs of l�orneless persons and broaden existing services.
Collaborators a�•e required to read and fallow the most current ESG guidelines as issued by the Department of
Housing and Urban Development as set forth in the lnterim Regulations for Homeless Emergency Assistance and
Rapid Transition to Housing 24 CFR Parts § 91 and § 576 (Consalidated Plan Conforming Amendments and
Emergency Solutions Grants Program} and Cost Principles set forth in OMB Circular A-87 or A-122 as applica-
ble. ESG guidelines are alsa provided from the Texas Department ofHausing and Comrnunity Affairs (TDHCA)
in the Texas Administrative Code Subchapters A. General Provisians & K. ESG Rules. Finally, agencies will
abide by the local ESG written standards and procedures established under 24 C.F.R. § 576.400.
ELIGIBLE SERVICES
ESG funds may be used to deliver services in five program components. To be eligible, agencies will ensure that
all households meet the homelessness or at-risk of homelessness definition along with the minimum eligibility
requirements to receive services.
ORGANIZATION will be eligible to deliver services in the categories listed below.
Emergency Shelters as defined in 24 C.F.R. § 576.102
Tlle purpase of ESG emergency shelters is to provide essential services to sheltered Ilomeless persons.
Essential services can addi°ess the immediate needs of hameless persons living on the street, in emergency sllelter
or in transitional housing, and can help enable homeless persons become more independent.
• C1Se M111ag8111ei1i
• Child care
• Education Services
• Emplayment Assistance and Job Training
• Outpatient Health Services
• Legal Services
• Life Skills Training
. Mental Health Services
• Substance Abuse Treatment Services
. Transportation
• Services for Special Papulations
. Shelter
omeless Management Information System ( IS} as defined in 24 C.F. .§ 576.107
ESG funding provides for Access and maintenance of HMIS System. All agencies receiving ESG funds are
required to participate to the CoC's HMIS except as prahibited by law. HMIS participation must camply with
HUD standards on participatian, data collection and reporting to HMIS Lead as participatfon ensures more effi-
cient callaboration and coardinatian of services. Service to participants includes:
Contributzng Data ta the HMIS or comparable database
Page l2 of 15
, 1' 1 1' � ,
Performance measures and outcarnes will be established by the Texas Department of Housing and
Communrty Affairs (TDHCA). ORGANIZATION will make every effort to meet all performance and out-
cames measures establ►shed by TDHCA.
Regular reporting will be mandated in a schedule determined by TDHCA. ORGANIZATION will meet all
TDHCA performance and outcome reporting deadlines.
Page 13 of 15
EXHIBIT "B"
PROJECT BUDGET
Emer�encv Shelter $145,625.00
ESSENTIAL SERVICES
Case Manager ($13.58/hr x 28/hr per wk x 52/wk x 50%) $ 9,887.00
2 Case Aide ($11.00/hr x 40/hr per wk x 52/wk x 50%) $22,880.00
1 Case Aide ($10.25/hr x 35/hr per wk x 52/wk x 30%) $ 5,597.00
1 Case Aide ($10.00/hr x 28/hr per wk x 52/wk x 50%) $ 7,280.00
Employee Payroll Tax [all] ($45,644 x 0.0765 rate) $ 3,492.00
Employee Fringe Health Ins. (2 Case Aides x 687.60/mo x 12 x 50%) $ 8,252.00
Medicine ($1,000/yr x100%) $ 1,000.00
Transportation: Bus/Train (4,461/yr x 100%) $ 4,461.00
Hotel ($2,000/yr x 100%) $ 2,000.00
Childcare ($1,000/yr x 100%) $ 1,000.00
Client Assistance - Legal Documents ($500/yr x 100%) $ 500.00
SHELTER OPERATIONS
2 Cook ($9.25/hr x 24/hrs per wk x 52/wk x 50%) $11,544.00
1 Cook ($9.25/hr x 16/hrs per wk x 52/wks x 50%) $ 3,848.00
Employee Payroll Tax [all] ($] 5,392 x 0.0765 rate) $ 1,178.00
Food: ($2,000/mo x 12 x 50%) $12,000.00
Kitchen Supplies ($400/mo x 12 x 50%) $ 2,400.00
Janitorial/Laundry/Linen Supplies: ($2341.50/mo x 12 months x 50%) $14,050.00
Utilities: ($1,620/mo x 12 x 50%) $ 9,720.00
Security Unarmed Guard: ($3,576 x12 months x 50%) $21,456.00
Sleeping Mats: ($130/each x 10 mats) $ 1,300.00
Office Supplies ($3,560/yr x 50%) $ 1,780.00
Administrative Costs $ 4,875.00
Business Operation Admin Salary ($42,856/yr x 10%) $ 4,286.00
Contract Implementation Workshop (1) $ 589.00
TOTAL BUDGET �150,500.00
PROJECT MATCH
I'���rr�����t°�aw f'�����1�� '� 4 ��)��i�l�»�1��
50/50 Match
TOTAL MATCH
Page 14 of 15
$150,500.00
�
Texas Department of Housing and Community Affairs Conti°act
with the City of Dentan
Contract: 42130001747
Contract Term: 10/1/2013-9/30/2014
Agency: City of Dentan
�
THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States
governmental, social service, civic, religious,
character building, and other groups — in the
Gospel and meet human need.
works cooperatively with many groups —
business, humanitarian, educational, health,
pursuit of its mission to preach the Christian
Any agency, governmental or private, which enters into a contractual or cooperative
relationship with The Salvation Army should be advised that:
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.
2. All programs of The Salvation Army are administered by Salvation Army Ofiicers, 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