2014-065FILE REFERENCE FORM 2014-065
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE S Date Initials
Change Order to Service Agreement w/ Christian Community Action —
ori inal is attached 7/29/15 CS
Change Order to Service Agreement w/ Giving Hope Inc. — original is
attached 7/29/15 CS
Change Order to Service Agreement w/ Christian Community Action —
ori inal is attached 10/6/15 )R
Change Order to Service Agreement w/ Denton County Friends of the
Famil — ori inal is attached 10/6/15 )R
Change Order to Service Agreement w/ Giving Hope, Inc. — original is
attached 10/6/15 )R
Change Order to Service Agreement w/ The Salvation Army — original
is attached 10/6/15 )R
S:\Lega(\Our pocuments\Ordinances\I4\CammDev Emergency Sdutians.docx
oxDrNaNCE No. 2014-065
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING
AND COMMUNTY AFFAIRS EMERGENCY SOLUTIONS GRANT PROGR.AM AND
TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN FUNDING 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 Departrnent 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 a 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 Ernergency Solutions Grant Program to provide services to homeless residents of
Denton. The City Manager is authorized to take all other actions necessary to execute an
agreement and administer this grant including execution of agreements with each of the
designated subrecipient organizations.
SECTION 2. The City Council of the City of Denton, Texas, authorizes the Community
Development Administrator to sign and submit to the Texas Department of Housing and
Community Affairs and all appropriate officials thereof, amendments, change orders, together
with all necessary certifications, and other documents, under the supervision of the City
Manager, to handle 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.
;��CTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the `�� _w day of .� �vm , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGE5S, CITY ATTORNEY
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MARK A. BURROUC�I-C�, MAYOR
Page 2 of 2
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2014-15 SERVICE AGREEMENT
EMERGENCY SOLUTIONS GRANT PROGRAM
BETWEEN THE CITY OF DENTON, TEXAS AND
CHRISTIAN COMMUNITY ACTION
This Agreement is hereby entered into by �r�ci ��t���uu�� t�ac� �"itY c�d' i;)�,►�d���� '1'��as, a home rule municipal
corporation, hereinafter referred to as "CIT'�"'r �a���V "�f.i���`�', �����-�?d'���'�� +����1���w"ation, Christian Communi-
ty Action 200 South Mill Street Lewisville, "�e���t�+ "� S���r7�� ��+��"��i���������" �"����'�''�� ���" �� "ORGANIZATION";
WHEREAS, CITY has authorized the City Manager to ���m�c���t ��"����» ��:�������"1�����'i� �� �"���������� ����� <�������°���N�'�'
Affairs Emergency Shelter Grants £ryw-aa������t� �T.a�C�i��� ��r�c� �������a�������� ��"alrat���t�� ���'����t ��'������� ���`�`���� ����c����
the Department of Housing and Url,��� I7�v�Y�N�ada��;c�t (� CI:D�,�� �+^����c� ���'il�� Cv��l�.�s����,y 4"�d��s� l�pc�sT������ �.��i:�-
tance Act in 24 CFR Part 576 and i��� �-lt�t����.ics� ��s����a t'��t����y ,���a��a.�r��� a��<1 �������� "���"�����a���ia���� �r,� L��a�z��i���, r'1����.
of 2009 (HEARTH Act), enacted into law on May 20, ��(lC��, t����.1<� a��1 ��`1'Aa�r w��l����s' �"��°��"°��<�'"�'� �� �����°�'��������'�� `�
grant under the ESG and ESGP; and
WHEREAS, CITY has accepted funds from the Texas Department of Housing and Community Affairs
(TDHCA) for the purpose of paying for specific contractual services by specific agencies named in the ESG
application; and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for ex-
penditure 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
administratiori of this Agreement and all matters pertaining thereto; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
�)1�.�.���J1�.�1"��"��)� �����s���,� ���a��.��s ���� �°���N����7�ik��ility for the perfo������t����� �t� ��1� �t�br�����:� ������� �a���:ivities de-
;���•���� i�� t4��; °'+�'�a��� �+����t°t'����t «�I:��ze���t� �����,u°�t�� ������ E�chibit A, in a s�ti:,��t�C���°y �a��tl� ��[�t�aa���tt 9�t�z����r as deter-
�t�aM�c;cl �.�y C'l1""�, �t� �a���w°c���a��� witl� d:l�� �� � �a�� ��erein. CITY will �<�r��ik��,�� �.���C�,.?�.�11i;1�°1 [��"� executive
��{�r��;� �c� ��� t::���'�mC�,:�l�r��t,fl°6(��'� ���ar����at�tc�w�u responsible for the management of all contractual matters
pertaining hereto, unless written notification to the contrary is received from ORGANIZATION, and ap-
proved by CITY.
The CITY'S Community Development Administrator will be CITY's representative responsible for the ad-
minisri�ation 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 Thir�l�y-�ew-��r� 1. ���������������I� �i��� i`-i.r��a��"�"i� '� 1������„������"�'a� �����°
lars and Twenty-Five Cents ($137,932.25) ����� ���: �a�ii�� t� ����m�.���������'��� ���" �s�"�"� �°�� �� ��r���"
bursement basis, subject to payment of money �:� ���t�" ��1"`i"�' ��y l T.�3�1�C�� sa�� �e ��s���M°���r�����°���r�����t 4�<��i�
in accordance with the Contract for an Emerg�:rtc�� `�������►c���� ��"���� ���"���'=�N�� ����"�"�'��'� �1i�" �'���� ��r��
TDHCA, hereinafter referred to as "TDHCA C��a��ta���t". '�'�a� �nly� �,���+�r��la'I:t:�p�� �"�i�7����t���"'��� �'a"���� �1��'��"
funds shall be those in accordance with the pr��p�u� la���.���t, :a:�ti��ci��� t��r"��r� �� ��,�1°���s�t F� �����I �rr�c��"i����
rated herein by reference, for those expense, Ii:;t�:cl �r� tl:��; �c����� ���` '���"�'ti��`� ��� �"�l'°��"�'���� ���"`����°
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 Certi-
fied Public Accountants.
Page 1 of 14
��
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 when-
ever 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 Divi-
sion.
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 infor-
mation relating to clients subject to applicable federal and state law, rules, and regulations.
I. ORGANIZATION will indemnify and hold harmless CITY, its officers,and employees, from any and
all claims and suits arising out of the activities of ORGANIZATION, its employees, and/or contrac-
tors.
J. ORGANIZATION will submit to CITY copies of year-end audited financial statements.
K. ORGANIZATION will implement and carry o��t ��r��s��u��e�r��t�t. y��l�c��� �i��� ���"� r�� ������"����M�"�' ��''���
those procurement policies carried out by CI"�"�' ���M�� t'��:��ai����� �I��y �i���l������ �����, ����" �"��� ���� 1����'1�����'�
Rules and Regulations for the Emergency S�I�utirr�t;� Ca��'a����. ������a���������� ��' ���""�����`� E����"�^�������"°��� ��" �����'
ORGANIZATION under the TDHCA contract �����11 N��t 1�� ��`��Cr�+����'����, ������"�'� ���� ���` ����� "'�r��������
written permission by the CITY.
L. ORGANIZATION shall fully comply with all the requirements of the TDHCA Contract, including,
without limitation, all the requirements and federal and state law, rules, regulations, and guidelines,
and all the requirements of the TDHCA Contract, a true and correct copy of wliich 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:
1. 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 As-
sistance (CFDA) (hereinafter referred to as "ESG Regulations") and all future amendments
and revisions to the same are hereby ��:�a:������t��`����� i�1�� ����1 �t������� �! ������ ��I� l���i� ��t�'�°����"����°
The Sub-recipient shall at all times co������1y ���I.i� t.��� 6�<�Ca� ��.����rl���.i���z�� ����������i���'t�d ��xc"���ti�r�
Orders, statutes, OMB Circulars, other �-����t����l ������'�l �`�@�������s�Xi�, ��m���� ��� ����°� �'��'��d�����^ �����
amendments to the same. The Sub-re�i��a����� �w���l.� ��rc��;�oi7�� tl�r���c������1���^ %.���r�i1���a• ��s�6� ����Il ��I��1:1��
foregoing requirements as applicable �G�cl �Y����Il c�rt;���et�� �I���� 4��� ���i:� 1��������� ���'�������'������'����
comply in all respects with the ESG Regulations,
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88=352), Section 504 of
the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of
1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the
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 be-
liefs, or religion be excluded from participation in, or denied, any aid, care, service, or other
benefits provided by federal and/or state funding, or otherwise be subjected to discrimination.
c. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding
employment verification and retention of verification forms for any individuals hired on or af-
Page 2 of 14
ter 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
guidelines regarding AIDS and HN).
3. Comply with appropriate state licensing or certification requirements and with standards pre-
scribed 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
Services (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 Certiiied 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 Certi-
fied 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 ser-
vices.
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, docu-
ment 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 Agreeinent 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 parly may re-
sult 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 re-
quired 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 consid-
ered failure to comply with the Agreement. Failure to comply is valid justification for imme-
diate termination of this Agreement and/or nonpayment of the billings or any portion of the
billings that are not received within the specified time limit. Failure to comply is valid justifi-
cation for immediate termination of this Agreement. The ORGANIZATION agrees that the
information submitted is true and accurate. The ORGANIZATION further agrees to supply
documentation to CITY for the purposes of verifying reported information if requested.
13. Make available at reasonable times and for re����.�m���N��� �a��'�������� ���a��z�� �'�="�����"'���� ����������a ���� ��°������"����"
ing documents pertaining to services provide�i 1�c��° �i���.�+��t�r��� ��"u����������'���'��. ��������q���� ��r" ��'�������d1i�
by TDHCA and CITY personnel or their ������:.��,�at�C�rr��, l'�3�����,rwl���«i��t��lir���, �t�°s��N�ri���, flt�� 1�wo�
Agreement to the contrary, ORGANIZATIOI'� �l��al� �� C�A�����isd� �'i���l r�t�<��°c�� ���al �ti.���.aa�,���.i�a�
documentation for all expenditures of funds made under this Agreement in a manner that con-
forms 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, ac-
cess to and the right to reproduce all records belonging to or in use by ORGANIZATION pertain-
Page 3 of 14
ing to this Agreement. Such access shall continue as long as ORGANIZATION retains the rec-
ords. ORGANIZATION shall maintain such records in an accessible locatiou,
14. Maintain and keep financial and supporting documents, statistical records, and other records per-
tinent to the servlces for which a claim was submitted. The records and documents will be kept
for a minimum of five (5) years after the termination of the Agreement. If any litigation, claim, or
��tcl%� it��r��1vi��� 4�.i�a�� �°����a'��� begins before the l�ve;-���A° ��c��°ic�� �:x�a��°��� �t�� (:��1���,��1�"T.,�TION
�wrill ���� i;}tu r���a�°cl� ��aci' c.l�a��mments for not less �.���c� f°�v� ��;� y��r•� �a��� ���tt�1 ���1 Itit�,��'��c�t�, l,laims,
a�rt�� ����tM��i% iQ��a�i���� a�a°� ���;��N��w�t���. The case is consi���r��i �•��;�:rlr���� �w'�l���n �� '1������1� �a����:r �� m���a��c� in liti-
gation, or a written agreement is entered into between TDHCA, CITY and ORGANIZATION,
ORGANIZATION will keep records of nonexpendable property acquired under the Agreement
for fve (5) years after final disposition of the property,
15. Notify TDHCA and CITY immediately of a��� �i���.i�'i�;��tt c����t��� �.��'�"�:�tiir��; �la� �1�(��'N�1�°'�"1 t�.;�R1
and ORGANIZATION'S idei�tity, such as ��r���m-„�l�i� ����� ��.�����'�r�, �������' �1t������, ���'w���'i�i��,� ��a������`��
membership, vendor identification number, ���zr��i p��r°�,�a������i �l��ar���.s �l"1a������� �1���, �����b�:�"���1���� s��"��
vices. Changes must be provided in writin� ��� 1"1'���-��.",� �.r��� ���"���"'�' v+°'������r��r�� �� "'�'���'������ �i����� �������"
the changes are effective.
16. Refrain from entering into any subcontract for services without prior approval in writing by
TDHCA and CITY of the qualiftcations of the subcontractor to perform and meet the standards of
this Agreement. All subcontracts entered into by the ORGANIZATION will be subject to the re-
quirements of this Agreement. The ORGANIZATION agrees to be responsible to TDHCA and
CITY for the performance of any subcontractor.
17. Not use funding under this Agreement to influence the outcome of elections or the passage or de-
feat of any legislative measures,
3. TIME OF PERFORMANCE
The services funded by CITY shal] be undertaken and completed by ORGANIZATION within the following
time frame: October 1, 2014 through September 30, 2015, unless the contract is sooner terminated under
Section 8 "Suspension or Terinination".
4. PAYMENTS
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a maximum amount of mon-
ey not to exceed One Hundred and Thirty-Seven Thousand Nine Hundred Thirty-Two Dollars
and Twenty-Five Cents ($137,932.25) for services rendered under this Agreement, contingent on re-
ceipt of funds by CITY from TDHCA under the TDHCA Contract. Payments will be based on a pro-
jection of monthly expenditures with reconciliation at the end of the month. Documentation of expend-
itures must be submitted to the Community Development Division by dates reGuired by Community
Development. ORGANIZATION'S failure to provide the information on a timely basis may jeopard-
ize 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:
1. Encumbrance or expenditure during any one month period which exceeds one-fourth (1/4) of the
total budget as speciiied 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.
Page 4 of 14
Written requests for prior approval are ORGANIZATION' S responsibility and shall be made within
sufficient time to permit a thorough review by CITY. ORGANIZATION must obtain written approval
by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real
or personal property. Any procurement or purchase, which may be approved under the terms of this
Agreement, must be conducted in its entirety in accordance with the provisions of this Agreeinent,
D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's
request, any sum of money which has been paid by CITY and which CITY at any time thereafter de-
termines;
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 De-
partment of Housing and Community Affairs, or �r�� aa�'I��e�t ���'��r��i �rx��r �'t�atc� a��i��;�� 4.�)i�.���hi'�f�"�'��I°��{�1*J'
will refund such amount to CITY within ten woX�•l�i�t� ���s +���1"� ��� v�'r'�it�;���� ����r��� �1��� ���1�����������'������
which specifies the amount disallowed. If CITY ii����� �l��a� ��'�f�+�.��.�l��.r�"1"IC.)'� �� `�:a�vv'�I����� ���t�,�t��"' ����-,
able to comply with any of the terms of this Contract, CITY may require a refund of any and all mon-
ey 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 of these financial assets shall be in
addition to any other remedy available to CITY either at law or in equity for breach of this Contract,
Refunds of disallowed costs may not be made from these or any funds received from or through
CITY.
F. Deobligation of Funds. In the event that actual e�c�:����,clil�ar� t°�t+�� c1�:viai� t�'c>r�°� C���i�,�C�T7��'�"�(��1�"�
provision of a corresponding level of performanc�:, �� ,�������r��� dt�r 1������l�it �, '�I��"'1'" ��e'�`��ay N���G���.'�
the right to reappropriate or recapture any such und�.��° ez��.�c�����c� �`a.���a��. 1�� 1.��� cv���� t-ia��t �c;��a�.Gl s��p��d�c�•�
itures deviate from ORGANIZATION'S provision �x�' �� �r��x����r�m�c�%���,� Ne;v��% ����� ���r�����A"r�r�����a�, �s ��,.�����-�
fied in E�ibit 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, togeth-
er with a final expenditure report, for the time period covered by the last invoice requesting reim-
bursement 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.
Page 5 of 14
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 o�t���t� i��t.���� �`�W�"�" $� ���'���r" ���'���'��������y�r� ��`' t�' �"�"���'������
or not income arising directly or indirectly frorr� k���� ���c�c��at��t, s��� ��`w� ���a��'e:�,'��i���-��� i6���"�r��� �°����as��-
tutes program income. ORGANIZATION is t�.��ac������i���� ��� �"�'1'"� ��c��" ���� �"�"�i�r�Y���'���� ���� ����" �°����� `����
amounts determined by CITY to be program i�����r��e°, ������� �t�i���i�+r������ r����r�ar���1 �z� ���"�t���� ���' ��� ���°
6. EVALUATION
ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services
can be continuously monitored. ORGANIZATION agrees to make available its financial records for review
by CITY at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data
and reports, or copies thereof:
A. All external or internal audits. ORGANIZATION shall submit a copy of the annual independent audit
to CITY within ten (10) days of receipt. Audit will be conducted by a certified public accountant.
B. All external or internal evaluation reports.
C. Monthly performance 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,
current, separate, and complete disclosure of the status of funds received and the services performed
, under this Agreement. ORGANIZATION'S r����d�� ��^:�t�.��� ��I����iE �a��"����►�r� �G�d�'�i�i����' ��aa�uuatta�M��s�t��>�� �d��.�
provide in detail full support and justification i��° a���17 ������tc3�C��r'�:� '�J1�C'N�NI�?�`�"�C�� ��,��:�� ��� a�-'
tain all books, records, documents, reports, an� �r���Ct����� w�cw�����r�ia��; ����r�����������c�� �����'���r������ �« ���"�` ""����"�
vices provided and expenditure of funds under t�:d��� ����r��ir�u��� d���� �F7� Ga��r���� �l �:u����.' ���� ia��������� �����`
conditions specified by the CITY.
G. Nothing in the above subsections shall be construed to relieve ORGANIZATION of responsibility for
retaining 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, +�)I��C�:�r"��11;�,�°1`1Of�` �»1�����1 ����v��" t�� ����.�"�" �a������ ��1� ��� ������+��� of ineet-
ings of its Board of Directors, setti��� ����a°tl� t�����. tii��s�� ����� j°�I���,rc� t����r:��.��k�<� �tNC�I� a"►���r�� �����11 l�� e&�'��ivered to
CITY in a timely manner to give adt�����t� ����1:i�u�� M�nc� �k���61 nx�c��,���� �s� �����"��� ���� �� ��"r�'tm ������`�����on of the
matters to be discussed. ORGANIZATION understa������:� <�a�c1 ���;����s i����: �;�5"�I"'�""� �"���Ga�°������w����'�� ��?°��all be af-
forded 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)
working days of approval.
8. SUSPENSION OR TERMINATION
A. The CITY may terminate this Agreement with cause if the ORGANIZATION violates any covenants,
���x•�����•��.'�t�„ ��r�° ,����r���:r�l�c�� of this Agreement, the ORGANIZATION'S insolvency or filing of bank-
M•���te��� r1i:��a��1��ti�c���k �.�r �����ivership, or the ORGANIZATION'S violation of airy law or regulation to
�1�i�.ly "mt j� ���a.���c� ��r�<:��r t}�� 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 agreemt�nt become unavailable during any budget period, and
TDHCA is unable to obtain additional funds, then this agreement will be terminated or reduced. Ter-
mination under this section shall not subject TDHCA to a penalty or other claims.
Page6of14
C. The CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated
for convenience by the CITY, ORGANIZATION will be paid an amount not to exceed the total
amount of accrued expenditures as of the effective date of termination. In no event will this compen-
sation 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 Agreeinent, 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, Ac-
ceptance 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 of the Civil Rights Act of 1964 (Public Law 88-352),
Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities
Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the
regulations issued pursuant to these acts. These provide, in part, that no persons in the United States
shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be
excluded from participation in, or denied, any aid, care, service, or other benefits provided by federal
and/or state funding, or otherwise be subjected to discrimination.
D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding em-
ployment verification and retention of verification fortns for any individuals hired on or after Novem-
ber 6, 1986, who will perform any labor or services under any contract between TDHCA and the Con-
tractor.
E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guide-
lines regarding AIDS and HN).
F. Comply with appropriate state licensing or certification requirements and with standards prescribed by
the Secretary of the United States Department of Housing and Urban Development.
G. Report any suspected case ����1' t����s� �ar ����I�"�'t� 'd:t�� �ltu "�'�����s Department of Protective and Regulatory
Services (DPRS) or a local I�wv ������a�`��e�t�a�# ���;�a�c�y �(���� as required by Act of April 20, 1995, 74th
Leg, Reg. Sess., ch. 20, § 1, b���� °f"��, `���;w, t,�"� �����- �' S:�, 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 verifi-
cation and disclosure 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.
Page 7 of 14
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.
�,� �����, ��q��.�������� ��L����,��,���� ��,���,�����,w��ti��;� ���r"���',����� ��w�,���ested by CITY and furnished to CITY, are com-
������ ��,����.���, ��y�� �������y ����1�„c�t �1�� �na:���%�1 ��r���iions of ORGANIZATION on the date shown on
���e�{ �.����.� ����� t��� ���,��p�l;� �f t1�� ���e�°�ti���� I'�a� tk�� period covered by the report, and that since said da-
��M �����.y„ �.���, ���,,�y ���� ���������-���� �p���py��,, w����rse or otherwise, in the financial condition of
ORGANIZATION.
C. No litigation or legal proceedings are presently pending or threatened against ORGA.NIZATION,
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 of this Agree-
ment.
F. None of the assets of ORGANIZATION are subject to any lien or encumbrance of any character, ex-
cept 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 request for payment.
11. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment
executed by both parties, except when the terms of this Agreement expressly provide that another
method shall be used.
B. ORGANIZATION may not make transfers be�:�wr�;��� a�� ��������� ������������� 1pn��a�-�¢������'�"�����r�� �����r����� �������'��
gories set forth in Exhibit B without prior writt��� �z������'���i���l c�1�'����� ����������������� ����"�����������'���d'�'���x�"���
trator for the CITY. ORGANIZATION shall ���;��am��t�, ir7 wr�l�ma��;„ ���� I.��w�B���� �'�vK������ i��"� � t«�'�� �ar��
scribed by CITY, and such request for revisit������ ;������ �ra�at if��;��N`���� �tla�. ���tt�w.l ��c�����a�u•�� �al��li�;���t�,�t��M ca�1'
CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, in-
tent, or scope of the program funded under this Agreement.
C. ORGANIZATION will submit revised budget and program information, whenever the level of fund-
ing 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 reg-
ulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to
be automatically incorporated into this Agreement without written amendment hereto, and shall be-
come 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 ;�mount of ORGANIZATION' S compensation. Such
changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Sec-
tion.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall
require the prior written approval of CITY.
Page 8 of 14
G. ORGANIZATION agrees to notify CITY of any proposed change in physical location for work per-
formed 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 here-
under 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 o�cers, agents and employees harmless from all liability of any nature or kind, includ-
ing costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages
of any character whatsoever resulting in whole or in part from the performance or omission of any
employee, agent or representative of 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, attorney fees, expenses, and liability arising out of the use of these contracted funds and pro-
gram administration 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
insurance 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 con-
ducting these activities, shall be covered by premise liability insurance, commoiily referred to as
"Owner/Tenant" coverage with CITY named as an additional insured. Upon request of
ORGANIZATION, CITY may, at its sole discretion, approve alternate insurance coverage arrange-
ments.
C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain em-
ployers' liability coverage where available and other appropriate liability coverage for program partic-
ipants, if applicable.
D, ORGANIZATION will maintain adequate and continuous liability insurance on all vehicles owned,
leased, or operated by ORGANIZATION. All employees of ORGANIZATION who are required to
drive a vehicle in the normal scope and course of their employment m�st possess a valid Texas Driv-
er's license and automobile liability insurance. Evidence of the employee's current possession of a val-
id 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 oi ESGP funds to procure services, equipment, supplies or other property,
states, territot�ies and units of general local govermnent 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
interest, direct or indirect, which would conflict in any manner or degree with the performance of ser-
vices required to be performed under this Agreement. ORGANIZATION further covenants that in the
Page 9 of 14
�, � ,
performance 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 ap-
pearance 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
function or responsibilities in the review or approval of the undertaking or carrying out of this Agree-
ment 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 fam-
ily 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 instruinent required or permitted to be delivered under the terms of this Agree-
ment 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
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
address by certifed mail, return receipt requested.
17. MISCELLANEOUS
A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest there-
in, or any clainn arising thereunder to any party or parties, bank, trust company or other financial insti-
tution without the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provi-
sions shall remain in full force and effect and continue to conforin to the original intent of both parties
hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to
insist in any one or more instances upon the terms and conditions of this Agreement constitute or be
construed in any way to be a waiver by CITY of any breach of covenant or default which may then or
subsequently be committed by ORGANIZATION. Neither shall such payment, act, or omission in
any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its
rights hereunder, which rights, powers, privileges, or remedies are always speciiically 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
between the parties hereto, and any prior agreement, assertion, statement, understanding, or other
commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force
or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amend-
ment of this Agreement.
Page 10 of 14
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the in-
terpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances,
or regulations, CITY as the party ultimately responsible to HLTD for matters of compliance, will have
the final authority 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
Couniy, Texas.
fi� �J�T�f'�'�� '4�r"l�'! ��" p' �� x their signatures and enter into this Agreement
�" �.� w� ����-�� t e art.l�s...do 9��������a� ������
as of �.lz.,,�o ,�'�" �i��� of � '��.�""�����
���� �
CITY OF DENTON, l 1�".� 5 ,�
..r � � � �
� � � .��.�
� �
��"� �� � � �
� o��� . � �
,�.� � ���.
��c�l� �', ����'� v_o_�_
C�f�4_}�� �"", �.-.�._�'" - _
� I�T�T�C��.�� CITYMANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
BY; ����,�„ ::��_ �'� .�.�� ��.m..��.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.
.. .� �,.
�� W
� ��"" "��„� � � "�� ��� �,�
f� � � � �` � � � �
BY ., �„�� �
� ��a��., mm.� �',� .�. ... �„� ��",r� '�� ___��.� ....�..
�� .�V�
,nrod.,,
�^� �
��'Cli�l�'l'1 �)�1f�'11�G�11"�""�' ���C��
�' �'�"� �� ��r p�
BY: � .�� "�" "� ��°'.�" ��,�,.
�'X1.:.� _._� .._._.���� .....�.
��.�1"�1" DIRECTOR
ATTEST:
�
BY: ��"�' �. ��... �,,,
��� -�� .�'"����� �` .�
3t��,�(�1� ��(W'I� :'�,�T�`�'
Page 11 of 14
�
EXHIBIT A
WORK STATEMENT
The prim�r� �aG���c�a�a�� �c:sr }���a��`������ ��l��ica��� ����s��� ��^r��'.r� �'�a��s and the Emergency Shelter Grant Pro-
gram (ESC�)�'� i� k�� �a�„u��r�k. �a�cfl ���c� �ac���'��l���z���s• "�"�a�� �a���$�'��r�"� �� designed to improve administrative effi-
ciency an�� �������a��� t•����¢a�� �:��r�a�w��i������@����a���a �i�c9 �1"���iiv+�t�a+;���s irt ��l��ressing the needs of homeless persons and
broaden existing services.
ORGANIZATION is required to read and follow ���+� L�r��a�.t�l:��y��'��: ���� �-��at�wusa� �.r�r� ��b��A� �1�r��,l��l����r���t
(HUD) McKinney-Vento Homeless Assistance Act �u �� ��'� l��wrt �'��+ {��� ��at`�" '�"�� ¢^��.����c� ���� �I��"�-� ��
2006) and for HMIS component, the most current E��r ��ri�l�l�r�w�� rz�� i�:�G��^t� �1��° t��� I.��.p���r"t�z����� ���' 11a���������
and Urban Development as set forth in the Interim I��+��trl�t�t����� �L�.�r� � I�a���+����� ���"����"�������' �����^���r��� �������
Rapid Transition to Hr�tr�iz�� �� (:i������"� 9�tai°��� � � � r�r�el � �"l� (��°�a�i�����a%ic��C.ec1 �fl��N��t �.,����t"��a•���is�� ��;���a�y7�:������r��� ��d��r�
Emergency Solutions ����tt�, �'s•a��s��z����� C����J1�11��`�1'1"1(���1 �� r�c����at'a:�� ���� r���c9 ��t��l 1"��E���w,� �C�`�� C'���t 1'r�r��:�����i���
set forth in OMB Cir��a��z�- ���� �a�� �.-8�,��� 4�:� ������alia��al�l.�. I��,�� ��a�����['���+�� <��°� �1��� �N:ar�vi�.���1 �i-a��r� t��� �'��,�r�
Department of Housing and Community Affairs ("�'C�19�""r"a.� im� �:�a� "6"t����� r�+��'�'��s��'���"�t�°��° �"����� �►����a��zl����`� ''"�
General Provisions & K. ESG Rules. Finally, O�l�„�.i�N�T�,�'1'I+��1 `v+'����� �1����� l�� t�°m�. ������� l'��`�(.'� ��'�`��t��� ���K'►�;°�rl�
ards and proced•ures established under 24 C,F.R, § 576.400.
ELIGIBLE SERVICES
ORGANIZATION will be eligible to deliver services in the category listed below.
ESG funds may be used to deliver Homeless Management y ( )
Information S stem HMIS as defined in 24
C.F.R. § 576.107
ESG funding provides for Access and ��=t��.i������s��� ��1�.' �.II'�^�.�� �y�'t���a, ,���I ����ncies receiving ESG funds
are required to participate to the CoC's 1�f��1"w��`� a;������a�: �a� N��a�hi�ii��# ��� C;;��'� ��M��� participation must comply
with HLJD standards on participation, c{��t�� ��€�.�1����s����� �r���l �°����aN��ir�t�; ���� I��'�����w ��..��ad as participation ensures
more efficient collaboration and coordination of services. Service to participants includes:
• Contributing Data to the HMIS or comparable database
ESGP funds may be used to deliver servic �
� ' es in as defined in 24 C.F.R. § 576 (as of April 1, 2006)
• Essential Services
• Operations
• Homeless Prevention
• Administrative Costs
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 al] 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 deadline,s.
Page 12 of 14
EXHIBIT B
ALLOWABLE EXPENSES/MATCH
ESG
��=���t����,�i�+�.��sr��;�r� ��r'����m�,����a�rx�: i���"�a����u�1����a��� � ��t��,�� �If'i���"� ��.�.. _"� 5,775.00
E�SGP�i��l �ervitc� (� t�.��•�tat,�r�� ���I�M���la�����e.��;� 1'����►r��t1:w��n _`� 127,932.25
�,c����i��i�ta���t��°e Costs .�,$ 4,225.00
TOTAL BUDGET
$ 137,932.25
PROJECT MATCH
ESG
Private Funr�,.c .._ n �_._....._.—
$ 5,775.00
General Fun �� l�m �� � mm ����� mm
��d Donations
TOTAL MATCH
PEFORMANCE AND OUTCOMES
$ 5,775.00
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 14
m ii i� m
EXHIBIT C
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 99100002075
FY 2010 Emergency Shelter Grants Program (ESGP)
Contract Term: 10/1/2014-9/30/2015
Agency: City of. Denton
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 42140002053
FY 2014 Emergency Solutions Grants (ESG) Program
Contract Term: 10/1/2014-9/30/2015
Agency: City of Denton
Page 14 of 14
CHANGE ORDER TO SERVICE AGREEMENT
EMERGENCY SHELTER GRANT PROGRAM
The Service Agreement between the City of Denton, Texas and Christian
Communitv Action, for the term of October 1, 2014 through September 30, 2015 signed
January 26, 2015 (the "Service Agreement") and approved by Ordinance No. 2014-065 is
hereby changed to decrease City funding for Essential Services, Operations,
Homelessness Prevention by the amount of 15 000.00 (the "Change Order Funds"). The
Change Order Funds shall be used for the same public purposes and administered in the
same manner specified in the Service Agreement.
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George C. Campll �a°B Q
City Manager
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Legal Approval:
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m Name, ����r��� U���u�u�,� �� �.,,�
��� T��Na:°. Crty Attorney
Date
CHANGE ORDER TO SERVICE AGREEMENT
EMERGENCY SHELTER GRANT PROGRAM
The Service Agreement between the City of Denton, Texas and Christian
Communitv Action, for the term of October 1, 2014 through September 30, 2015 signed
Januarv 26, 2015 (the "Service Agreement") and approved by Ordinance No. 2014-065 is
hereby changed to extend the term to December 30, 2015 and provide an increase City
funding for ! �����at%���1 ��i�����+�� +�������t�c����, �.���i��cC��s����,� �'a��v�r������� �N�c�fl ���'���ii�i:�ir��irv�
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Costs; by the amount of 7 300.00 (the "Change Order Funds"). Match is required for the
funds in the amount of $7,300. The Change Order Funds shall be used for the same
public purposes and administered in the same manner specified in the Service
Agreement.
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i:;��tta �,� C�'�t���g�bell
City Manager
AGREED:
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Date:
.
Date: ��� ������ �
...................��..�_ ��... .. .�...� _. w..�.
APPROVED AS TO LEGAL FORM;
�� ��
BY ,�„ �.., � ����
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ANITA B�.1 ���.� ���',; � 1 f"�° ATTORNEY
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Date: � � �. � .
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PROJECT BUDGET
ESG - Homelessness Management Information Svstem (HMIS) $ 5,775.00
ESGP - Essential Services Operations Homelessness Prevention $ 127,932.25
�r���:��t��c�c� l��l.�..�.......�...........���. �.�._�w �. . . �..... ...��.. -'� 15.000.00
�¢,�v�������1 ��'��5' _ ._� 7,000.00
ESGP - Administrative Costs $ 4,225.00
��a����t:V�,�l ��1� a ... � 300.00
TOTAL AMENDED BUDGET
$ 130,532.25
PROJECT MATCH
ESG - Private Funds $ 5,775.00
General Fund Donations
Amended 9/15 $ 7,300.00
TOTAL AMENDED MATCH $ 13,075.00
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This Agreement is hereby entered inta by and between the City of Denton, Texas, a home rule municipal cor-
poratian, hereinafter referred to as "CITY", and AGENCY, a non-profit corporation, Denton County Friends
of the Family P. O. Box 640 Dentan, TX 76202, hereinafter referred to as "ORGANIZATION";
WHEREAS, CITY has authorized the City Manager to accept Texas Department of Housing and Community Af-
fairs Emergency Shelter Grants Program (ESGP) and Emergency Salutions Grant Program (ESG} under the De-
partment of Hausing and Urban Development (H[JD) Award ofthe McKinney-Vento Homeless Assistance Act in
24 CFR Part 576 and the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
(HEARTH Act), enacted into law an May 20, 2009, take all other actions necessary to administer a grant under the
ESG and ESGP; and �
WHEREAS, CITY has accepted funds from the Texas Department of Housing and Cammunity Affairs (TDHCA}
for the purpose of paying for specific cantractual 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 Develapment Division as the division responsible for the ad-
ministration of this Agreement and all matters pertaining thereta; and
NOW, THEREFORE, the parties hereia mutually agree as follows:
�. � �
ORGANIZATION hereby accepts the responsibility for the performance of all services and activities described in
the Wark 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 notificatian to the contrary is received fram ORGAI�IZATION, and appraved by CCTY.
The CITY'S Community Development Administrator will be CITY's representative respansible for the admin-
istration of this Agreement .
� i � � !' . � ,
In consideration af the receipt of funds from CITY, ORGANIZATION agrees to the following terms and con-
ditians:
A. A sum not to exceed One Hundred and Thirty-Three Thausand, Four Hundred Fffteen Dollars and
Fffty-Nine Cents ($133,415.59} may be paid to ORGANIZATION by CITY an a reimburse�nent basis,
subject ta payment af money to the CITY by TDHCA on a cost-reimbursement basis in accordance with the
Cantract far 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 praject budget, attached hereto as Exhibit B and incorporated herein by reference, for those ex-
penses listed in the scape 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 financial status of the program. The system will be based
on generally accepted accounting principles as recognized by the American Instinate af Certified Public Ac-
countants.
C. ORGANIZATION will permit authorized officials of CITY to review its books at any time.
Page 1 of 14
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 methad to ensure the confidentiality of records and other information
relating to clients subject to applicable federal and state law, rules, and regulations.
I. ORGANIZATION will indemnify and hold harmless CITY, its officers and employees, from any and all
claims and suits arising out of the activities of ORGANIZATION, its employees, and/or contractors.
J. ORGANIZATION will submit to CITY copies of year-end audited financial statements.
K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those
pracurement policies carried out by CITY and required by TDHCA under any and all published Rules and
Regulatians for the Emergency Solutions Grant. Equipment or services purcllased 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 afthe TDHCA Contract, including, without
limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re-
quirements ofthe TDHCA Contract, a true and correct copy ofwhich is attached to this Agreement as Ex-
hibit C and made a part of this Agreement for all purpases. 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 66ESG Regulations") and all future amendments and revi-
sions 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 require-
ments as applicable and shall ensure that the ESG Assisted Persons/Units comply in all respects
with the ESG Regulations.
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regula-
tions issued pursuant to these acts. These pravide, in part, that no persorls in the United States
shall, on the grounds of race, calor, national origin, sex, age, disability, political beliefs, or religion
be excluded from participation in, or denied, any aid, care, service, or other benefits provided by
federal and/or state funding, or atherwise be subjected to discrimination.
c. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding em-
ployment verification and retention of verification forms for any individuals hired on or after No-
vember 6, 1986, who will perform any labor or services under any contcact 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 14
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 af Family and Protective Ser-
vices (DFPS) or a lacal law enforcement agency affice 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 Accauntant and provide a copy of the audit to CITY and
TDHCA ORGANIZATION is expected to create and maintain adequate and auditable fiscal recards,
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 accaunting procedures as recagnized by the American Institute of Certified
Public Accountants and follow TDHCA iinancial 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 perfarmance of contracted services.
9. Provide services in accardance with the current TDHCA ESG funding application and allaw TDHCA
and CITY ta monitor same. Same possible methods may include on-site visits, dacument review,
questiannaires, or interviews.
10. Participate fully in any evaluation study af 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 ta the CITY by dates required by Community Development.
b. , Non-receipt of the required billing and statistical documentation by this date will be considered
failure to comply with the Agreement. Failure to comply is valid justification for immediate ter-
mination of this Agreement and/ar nanpayment of the billings or any portion of the billings that
are nat received within the specified time limit. Failure to comply is valid justification for immedi-
ate terminatian of this Agreement. The ORGANIZATION agrees that the information submitted
is true and accurate. The ORGANIZATION further agrees to supply documentation to CITY for
the purposes of verifying reported information if requested.
13. Make available at reasonable times and for reasonable periods client records, books, and supparting
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 far
all expenditures of funds made under this Agreement in a manner that canforms to OMB Circular No.
A-87 or A-122 and the TDHCA Contract. ORGANIZATION shall comply with the retention and cus-
todial 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 Camptroller General ofthe United States, the Auditar ofthe State ofTexas,
and any TDHCA authorized representative, access to and the right to reproduce all records belanging
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
lacation.
14. Maintain and keep financial and supporting documents, statistical records, and ather 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, ar audit involv-
Page 3 of 14
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 af any significant change affecting the ORGANIZATION and
ORGANIZATION' S identity, such as ownership or control, name change, governing board member-
ship, vendar identi�cation number, and personnel changes affecting the contracted services. Changes
must be provided in writing to TDHCA and CITY within 10 working days after the cl�anges 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-
farmance of any subcontractor.
17. Not use funding under this Agreement to influence the outcome af elections or 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, 2014 through September 30, 2015, unless the contract is sooner terminated under Section 8
"Suspension or Termination".
. �.
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a maYimum amount of money not
to exceed One Hundred and Thirty-Three Thousand, Four Hundred Fifteen Dollars and Fifty-Nine
Cents (�133,415.59) 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 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 ofand 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 cansidered 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 witl�in suffi-
cient time to permit a thorough review by CITY. ORGANIZATION must obtain written approval by CITY
prior to the commencement of procedures ta solicit or purchase services, equipment, or real or personal
property. Any procurement or purchase, which may be approved under the terms of this Agreement, must
be conducted in its entirety in accordance with the provisions of this Agreement.
Page 4 of 14
D. Excess Payment. ORGANIZATION shall refund ta CITY within ten (10) working days of CITY's re-
quest, any sum of money which has been paid by CITY and which CITY at any time thereafter determines:
has resulted in overpayment to ORGANIZATION; or
has not been spent strictly in accordance with the terms of this Agreement; or
is not supported by adequate documentation to fully justify the expenditure.
�� Disallawed Costs/ Reversion of Assets. Upon terminated of this Agreement, should any expense or
change for which payment has been made be subsequently disallowed or disapproved as a result of any au-
diting or monitoring by CITY, the Department ofHousing 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 disallawed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of
the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Con-
tract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY
within ten working days of a written natice ta ORGANIZATION to revert these financial assets. The re-
version of these financial assets shall be in addition to any other remedy available to CITY either at law or
in equity for breach of this Contract.
Refunds of disallowed costs may not be made from these or any funds received from or through CITY.
F. Deobligation af Funds. In the event that actual expenditure rates deviate from ORGANIZATION'S provi-
sion of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to
reappropriate or recapture any such under expended funds. In the event that actual expenditures deviate
from ORGANIZATION'S provision of a corresponding level of performance, as specified in Exhibit A,
CITY hereby reserves the right to reappropriate or recapture any such under expended funds.
G. Cantract Close Out. ORGANIZATION shall submit the contract close out package to CITY, tagether
with a final expenditure report, for the time periad covered by the last invoice requesting reimbursement of
funds under this Agreement, within fifteen (15) warking days following the close of the contract period.
ORGANIZATION shall utilize the form agreed upon by CITY and ORGANIZATION.
, "� "• t
A. Far 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 fram interest, usage or rental or lease fees, income produced from contract-supported services of in-
dividuals or employees or from the use or sale of equipment ar facilities of ORGANIZATION provided as a
result of this Agreement, and payments from clients or third parties for services rendered by
ORCiANIZATION 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 frorn 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 nat
income arising directly or indirectly fram this Agreement, or the performance thereof, constitutes progratn
income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts determined by
CITY to be program income, unless otherwise approved in writing by CITY.
Page 5 of 14
,� �
ORGANIZATION agrees to participate in an implementatian and maintenance system whereby the services can
be continuously monitored. ORGANIZATION agrees to make available its financial records for review by CITY
at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data and reports, or
copies thereof:
A. All external or internal audits. ORGANIZATION shall submit a copy of the annual independent audit to
CITY within ten (10} days of receipt. Audit will be conducted by a certified public accountant.
B. All external or internal evaluation reports.
C. Monthly performance report to be submitted to CITY by dates required by Community Developrnent.
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 accaunting procedures pertaining to the services provided and expenditure
of funds under this Agreement for the period of time and under the conditions specified by the CITY.
G. Nothing in the above subsections shall be canstrued 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.
� � �'
During the term of this Agreement, ORGANIZATION shall deliver ta CITY copies of all notices of ineetings of
its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely
manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed.
ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to all meetings of
its Board of Directors.
Minutes of all meetings af ORGANIZATION'S governing body shall be avaitable to CITY within ten (10) work-
ing days of appraval.
:
. � �. . �,
A. The CITY may terminate this Agreement with cause if the ORGANIZATION violates any cavenants,
agreements, or 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 far the agreement become unavailable during any budget period, and TDHCA is un-
able to obtain additional funds, then this agreement will be terminated or reduced. Termination under this
section shall not subject TDHCA to a penalty or other claims.
C. The CITY may terminate this Agreement for convenience at any time. If this Agreement is 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 14
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 Agree-
ment.
: � • �''•' 1' � '
A. ORGANIZATION will be in compliance with the Equal Emplayment and Afftrmative Action Federal pro-
visions.
B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
C. ORGANIZATION will comply with Title VI ofthe Civil Rights Act af 1964 (Public Law 88-352), Section
504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued
pursuant ta 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/ar state funding, 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 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 affice as required by Act af 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 ta verify and disclose, criminal history and any
current criminal indictment involving an offense against the person, an offense against the family, or an of-
fense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas
Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification and dis-
closure will be required of all who have direct contact clients.
1. ORGANIZATION will furnish all information and reports requested by CITY, and will permit access to its
books, records, and accounts for purposes of investigation to ascertain compliance with local, State and
Federal rules and regulations.
J. In the event of ORGANIZATION' S non-compliance with the non-discrimination requirements, the Agree-
ment may be canceled, terminated, or suspended in whole or in part, and ORGANIZATION may be barred
from further contracts with CITY.
10. WAR NTIES
ORGANIZATION represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and fiirnished to CITY, are
complete and accurate as of the date shown on the information, data, or report, and, since that date, have not
undergone any significant change without written notice to CITY.
Page 7 of 14
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 ihe date shown on said report,
and the results of the operation for the periad 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 tak-
en all necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of ORGANIZATION are 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 request for payment.
1 1
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 anotller method shall
be used.
B. ORGANIZATION may not make transfers between or among approved line-items witllin budget categories
set forth in Exhibit B without prior written approval of the Community Development Administrator for the
CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and
such request for revision shall nat 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 af this Agreement. Any such madifications 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 ofORGANIZATION'S compensation. Such changes shall
be incorporated in a written amendment hereto, as pravided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require
the prior written approval of CITY.
G. ORGANIZATION agrees to notify CITY of any proposed change in physicallocation 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 compositian.
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 14
1; �
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 afficers, agents and employees harmless from all liability af any nature or kind, including costs
and expenses for, or on accaunt 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 1larmless CITY its agents,
employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attor-
ney fees, expenses, and liabi lity arising out of the use of these contracted funds and program administration
and implementation except to ihe extent caused by the willful act or omission of CITY, its agents or em-
ployees.
13. INSURANCE
A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in-
surance as would provide adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct-
ing these activities, shall be covered by premise liability insurance, commonly referred to as 660wn-
er/Tenant99 coverage with CITY named as an additional insured. Upon request of ORGANIZATION,
CITY may, at its sole discretion, approve alternate insurance coverage arrangements.
C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employers'
liability coverage where available and other appropriate liability coverage for program participants, if appli-
cable.
D. ORGANIZATION will maintain adequate and cantinuous liability insurance on all vehicles owned, leased,
or operated by ORGANIZATION. All employees af ORGANIZATION who are requ ired to drive a vehicle
in the normal scope and course of their employment must possess a valid Texas Driver's license and auta-
mobile liability insurance. Evidence of the einployee'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 casts under tl�is
Agreement, and remain the sole responsibility of ORGANIZATION.
P. The policy or policies af 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 thirly (30) days prior to such
change or cancellation.
,, � • ' '
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-prafit subgrantees shall comply with 24 CFR 84.42.
B. ORGANIZATION covenants that neither it nor any member of its governing body presently has any inter-
est, direct or indirect, which would conflict in any manner or degree with the performance of services re-
quired to be performed under this Agreement. ORGANIZATION further covenants that in the performance
of this Agreement, no person having such interest shall be employed or appointed as a member of its gov-
erning body.
C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or
employees shalt 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 14
D. No officer, member, ar employee of CITY and no member of its governing body who exercises any fiinc-
tion ar responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall
(1) participate in any decision relating to the Agreement which affects his personal interest or the interest in
any corporation, partnership, or associatian in which he has direct or indirect interest; or (2) have any inter-
est, direct or indirect, in this Agreement or the proceeds thereof.
.�;
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.
, �
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 af Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
ORGANIZATION
Denton County Friends af 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 ta 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 parly or parties, bank, trust company or other financial institution with-
out the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, ar unenforceable, the remaining provisions
shall remain in full force and effect and continue to conform to the original intent of both parties hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to insist
in any one or more instances upon the terms and canditions of this Agreement constitute or be construed in
any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be
committed by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which
rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of
CITY may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement be-
tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment
occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatso-
ever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpreta-
tion or meaning af 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 14
F„ This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any liti-
gation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County,
Texas.
�;�"w°, "4�"1�"T`�lk���� ����:� 1�k;��.i�i,��C�, �p��� a��bi-Ci�:� a��� l��s�l�� �z�'P�ix CN����M° ���,��atures and enter into this Agreement as of
th�� r'� c�i��,�r c�C`. Y ;:�k�, ����,��� _ �?t�� ��� � ��� �
�� ...
° �'�� C,.`C"1"�r C�1�° [�1#N"1��ON, TEXAS
.��� �� ,., ° �
� �.
� � �,
� � � �.��
� � �L, CIT� MA���
�BY��;'� �� a"� C �., � �r1 f 1�EL.. �......
� � � ..... ... --
Y NAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
�
BY. ���; `���„ �; � �:��m� �"�.����
__ � , ... � . �... �..... _— ..., ..
� �,.. '
,�1'1'�t::)�"k^��:� AS TO LEG L .
ANITA BURGESS, CITY ATTORNEY
.�
��., .�� �.
� � � ��� „�"� �'"��"` �'
BY: �.... . �, —��^,,,,��..... ..........
_ �� ���
D� �� Z°'�'���i COUNTY I�'I� b 8 1�J ��� ('�1�:� THE FAMII,Y
1 I� E ( "��''�� ��
ATTEST:
,�!J��'1��
BY� �,�� ���......�_ . _ a' ...... � ...� �_� ... . _...... --......
BOARD SECRETARY
Page 11 of 14
�
�' .
The primary outcome for Emergency Solutions Grant (ESG) funds is to prevent and end homelessness. This pro-
gram funded by ESG is designed to improve administrative efficiency and enhance response coordination and ef-
fectiveness in addressing the needs of homeless persons and broaden existing services.
ORGANIZATION is required to read and follow the Department of Housing and Urban Development (HUD)
McKinney-Vento Homeless Assistance Act in 24 CFR Part 576 (as Part 576 existed on April 1, 2006) and for
HMIS component, the most current ESG guidelines as issued by the Department of Housing and Urban Develop-
ment 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 Pro-
gram). ORGANIZATION is required to read and follow the Cost Principles set forth in OMB Circular A-87 or A-
122 as applicable. ESG guidelines are also provided from the Texas Department of Housing and Community Af-
fairs (TDHCA) in the Texas Administrative Code Subchapters A. General Provisions & K. ESG Rules. Finally,
ORGANIZATION will abide by the local ESG written standards and procedures established under 24 C.F.R. §
576.400.
. .
.
ORGANIZATION will be eligible to deliver services in the category listed below.
ESG funds may be used to deliver 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 I7ata to the HMIS or comparable database
ESGP funds may be used to deliver services in as defined in 24 C.F.R. § 576 (as of April 1, 2006)
� Essential Services
«� Operations
� Horneless Prevention
� Administrative Costs
I' � ' • . � � I
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 12 of 14
EXHIBIT "B"
PROJECT BUDGET
ESG
Homelessness Manasement Information Svstem (HMIS) $ 2,000.00
ESGP
Essential Services and Operations $128,297.25
Administrati�^r Costs $ 3,118.34
TOTAL BUDGET
$133,415.59
PROJECT MATCH
l�'�M�v�w1:� N n,�cl:� "�' 2,000.00
TOTAL MATCH
�
� 2,000.00
�
- .: �•�. - • � � , f � ' , � ,
� �-,•,
� •• 1111 �
1 1 •- ' ** '
� 1 1 ' '' 1 1 ,
. ,_ � �- *
�� � - r . . �� • � � . �� � � r
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Page 14 of 14
CHANGE ORDER TO SERVICE AGREEMENT
EMERGENCY SHELTER GRANT PROGRAM
The Service Agreement between the City of Denton, Texas and Denton Countv
Friends of the Familv, for the term of October 1, 2014 through September 30, 2015
signed January 26, 2015 (the "Service Agreement") and approved by Ordinance No.
2014-065 is hereby changed to extend the term to December 30, 2015 and provide an
increase City funding for Essential Services and Operations; and Administrative Costs by
the amount of 8 327.54 (the "Change Order Funds"). Match is required for the funds in
the amount of $8,327.54.The Change Order Funds shall be used for the same public
purposes and administered in the same manner specified in the Service Agreement.
AGREED:
�'
tle: :1����:��l:iw�
�„�,�r°�
Date: � � "�X
��� �/ � �,��°�"����� ,��'�� ��'� m �
'� °"�' � ���,. ��� �� �� � ��
� �w� � ���� �_..
� � �
�.�.�.
George C �:..��m�r�rl��l:l
City Manager
� ��
Date: .��� .:...� � � .......� �.._�.��.
APPROVED AS TO LEGAL FORM:
W ._ �N, � �� � °��" ��
�-� � ���w � �"�
BY _ �" � � ��,.,�"�,�"°"� � � �'-�°� �"�" � �
�� �� ANITA BL..���.(�� �;�, C[ i°"���ATTORNEY
� ��
�� �� � ���p.
Date• ��,,�' � '� � '
,��� . �°�"" � ... . ....�a�
PROJECT BUDGET
ESG - Homelessness Management Information Svstem (HMIS) $ 2,000.00
ESGP - Essential Services Operations, Homelessness Prevention$ 128,297.25
Amended 9/15 $ 8,127.54
ESGP - Administrative Costs $ 3,118.34
�,x��������,�d ��,' l � ...��� 200.00
TOTAL AMENDED BUDGET
$ 141,743.13
PROJECT MATCH
y:,�.���cl�
2,000.00
������������ �;�1'�I� ��.... �e..�,..—"� 8,327.54
TOTAL MATCH $ 10,327.54
2014-15 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-profit 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 Texas Department of Housing and Community Af-
fairs Emergency Shelter Grants Program (ESGP) and Emergency Solutions Grant Program (ESG) under the De-
partment of Housing and Urban Development (H[JD) Award ofthe McKinney-Vento Homeless Assistance Act in
24 CFR Part 576 and the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
(HEARTH Act), enacted into law on May 20, 2009, take all other actions necessary to administer a grant under the
ESG and ESGP; and
WHEREAS, CITY has accepted funds from the Texas Department of Housing and Community Affairs (TDHCA)
for the purpose of paying for specific contractual services by specifc 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 ofall services and activities described in
the Work Statement attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in
accordance with the terms herein. CITY will consider ORGANIZATION'S executive officer to be
ORGANIZATION's representative responsible for the management of all contractual matters pertaining hereto,
unless written notification to the contrary is received from ORGANIZATION, and approved by CITY.
The CITY'S Community Development Administrator will be CITY's representative responsible for the admin-
istration of this Agreement .
2. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from CITY, ORGANIZATION agrees to the following terms and con-
ditions:
A. A sum not to exceed One Hundred and Ninety—Two Thousand, Seven Hundred and
Thirty—Five Dollars and Fifty—Eight Cents ($192,735.58) 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 ofservices 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.
Page 1 of 14
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.
I. ORGANIZATION will indemnify and hold harmless CITY, its officers and employees, from any and all
claims and suits arising out of the activities of ORGANIZATION, its employees, and/or contractors.
ORGANIZATION 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, without
limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re-
quirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as Ex-
hibit C and made a part ofthis 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 `BSG Regulations") and all future amendments and revi-
sions 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 require-
ments as applicable and shall ensure that the ESG Assisted Persons/Units comply in all respects
with the ESG Regulations.
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-ll2), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regula-
tions issued pursuant to these acts. These provide, in part, that no persons in the United States
shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion
be excluded from participation in, or denied, any aid, care, service, or other benefits provided by
federal and/or state funding, or otherwise be subjected to discrimination.
c. Comply with the reyuirements ofthe Immigration Reform and Control Act of 1986 regarding em-
ployment verifcation and retention of verification forms for any individuals hired on or after No-
vember 6, 1986, who will perform any labor or services under any contract between
ORGANIZATION and CITY.
d. Comply with Health and Safety Code §85.113 (relating to workplace and confidentiality guide-
lines regarding AIDS and HIV).
Page 2 of 14
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 Apri120, 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 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 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 of this Agreement and/or nonpayment of the billings or any portion of the billings that
are not received within the specified time limit. Failure to comply is valid justifcation for immedi-
ate termination ofthis Agreement. The ORGANIZATION agrees that the information submitted
is true and accurate. The ORGANIZATION further agrees to supply documentation to CITY for
the purposes of verifying reported information if requested.
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 cus-
todial 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 ofthe United States, the Auditor ofthe State ofTexas,
and any TDHCA authorized representative, access to and the right to reproduce all records belonging
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 14
ing these recards 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 properly acyuired under the Agreement for five (5) years after fnal 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 qualifcations of the subcontractor to perform and meet the standards ofthis Agree-
ment. All subcontracts entered into by the ORGANIZATION will be subject to the reyuirements 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 l, 2014 through September 30, 2015, unless the contract is sooner terminated under Section 8
"Suspension or Termination".
4. PAYMENTS
A. Payments to ORGANIZATION. CITY shall pay to ORGANIZATION a m�imum amount of money not
to exceed One Hundred and Ninety—Two Thousand, Seven Hundred and Thirty—
Five Dollars and Fifty—Eight Cents ($192,735.58) forservicesrenderedundertliis
Agreement, contingent on receipt of funds by CITY from TDHCA under the TDHCA Contract. Payments
will be based on a projection of monthly expenditures with reconciliation at the end of the month. Docu-
mentation of expenditures must be submitted to 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 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 personal
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 14
D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re-
quest, any sum of money which has been paid by CITY and which CITY at any time thereafter determines:
1. has resulted in overpayment to ORGANIZATION; or
2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
E. Disallowed Costs/ Reversion of Assets. Upon terminated of this Agreement, should any expense or
change for which payment has been made be subsequently disallowed or disapproved as a result ofany au-
diting or monitoring by CITY, the Department of Housing and Urban Development, Texas Department of
Housing and Community Affairs, or any other Federal or state agency, ORGANIZATION will refund such
amount to CITY within ten working days of a written notice to ORGANIZATION, which specifies the
amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of
the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Con-
tract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY
within ten working days of a written notice to ORGANIZATION to revert these financial assets. The re-
version of these fnancial assets shall be in addition to any other remedy available to CITY either at law or
in eyuity for breach of this Contract.
Refunds of disallowed costs may not be made from these or any funds received from or through CITY.
F. Deobligation of Funds. In the event that actual expenditure rates deviate from ORGANIZATION' S provi-
sion of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to
reappropriate or recapture any such under expended funds. In the event that actual expenditures deviate
from ORGANIZATION'S provision of a corresponding level of performance, as specified in Exhibit A,
CITY hereby reserves the right to reappropriate or recapture any such under expended funds.
G. Contract Close Out. ORGANIZATION shall submit the contract close out package to CITY, together
with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of
funds under this Agreement, within fifteen (15) working days following the close ofthe contract period.
ORGANIZATION shall utilize the form agreed upon by CITY and ORGANIZATION.
5. PROGRAM INCOME
A. For purposes of this Agreement, "program income" means earnings of ORGANIZATION realized from
activities resulting from this Agreement or from ORGANIZATION' S management of funding provided or
income from interest, usage or rental or lease fees, income produced from contract-supported services of in-
dividuals or employees or from the use or sale ofequipment or facilities ofORGANIZATION 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 program
income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts determined by
CITY to be program income, unless otherwise approved in writing by CITY.
Page 5 of 14
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 reyuired 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 justifcation for each expenditure. ORGANIZATION agrees to retain all books, records,
documents, reports, and written accounting procedures pertaining to the services provided and expenditure
of funds under this Agreement for the period of time and under the conditions specified by the CITY.
G. Nothing in the above subsections shall be construed to relieve ORGANIZATION of responsibility for re-
taining accurate and current records, which clearly reflect the level and benefit of services, provided under
this Agreement.
7. DIRECTORS' MEETINGS
During the term of this Agreement, ORGANIZATION shall deliver to CITY copies of all notices of ineetings of
its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely
manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed.
ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to all meetings of
its Board of Directors.
Minutes of all meetings of ORGANIZATION' S governing body shall be available to CITY within ten (10) work-
ing days of approval.
8. SUSPENSION OR TERMINATION
A. The CITY may terminate this Agreement with cause if the ORGANIZATION violates any covenants,
agreements, or guarantees 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 un-
able to obtain additional funds, then this agreement will be terminated or reduced. Termination under this
section shall not subject TDHCA to a penalty or other claims.
C. The CITY may terminate this Agreement for convenience at any time. 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 14
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 Agree-
ment.
9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal pro-
visions.
B. 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), 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 bythe regulations issued
pursuant to these acts. These provide, in part, that no persons in the United States shall, on the grounds of
race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation
in, or denied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise
be subjected to discrimination.
D. Comply with the requirements 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 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, § 1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam. Code Ann.
'261.101 et seq).
H. Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any
current criminal indictment involving an offense against the person, an offense against the family, or an of-
fense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas
Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification and dis-
closure will be required of all who have direct contact clients.
I. ORGANIZATION will furnish all information and reports requested by CITY, and will permit access to its
books, records, and accounts for purposes of investigation to ascertain compliance with local, State and
Federal rules and regulations.
J. In the event of ORGANIZATION' S non-compliance with the non-discrimination requirements, the Agree-
ment may be canceled, 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 ofthe date shown on the information, data, or report, and, since that date, have not
undergone any signifcant change without written notice to CITY.
Page7of14
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 ar is in conflict with the authority under which
ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of
ORGANIZATION.
E. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has tak-
en all necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of ORGANIZATION are 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 ofthese 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 categories
set forth in Exhibit B without prior written approval of the Community Development Administrator for the
CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and
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 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 hereto, as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require
the prior written approval of CITY.
G. ORGANIZATION agrees to notify CITY of any proposed change in physical location for work performed
under this Agreement at least thirly (30) calendar days in advance of the change.
H. ORGANIZATION shall notify CITY of any changes in personnel 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 14
12. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with
ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold
CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs
and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any charac-
ter whatsoever resulting in whole or in part from the performance or omission of any employee, agent or
representative of ORGANIZATION.
B. ORGANIZATION agrees to provide the defense for, and to indemnify and hold harmless CITY its agents,
employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attor-
ney fees, expenses, and liability arising out ofthe use ofthese contracted funds and program administration
and implementation except to the extent caused by the willful act or omission of CITY, its agents or em-
ployees.
13. INSURANCE
A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in-
surance as would provide adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct-
ing these activities, shall be covered by premise liability insurance, commonly referred to as "Own-
er/TenanY' coverage with CITY named as an additional insured. Upon request of ORGANIZATION,
CITY may, at its sole discretion, approve alternate insurance coverage arrangements.
C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employers'
liability coverage where available and other appropriate liability coverage for program participants, if appli-
cable.
D. ORGANIZATION will maintain adequate and continuous liability insurance on all vehicles owned, leased,
or operated by ORGANIZATION. All employees of ORGANIZATION who are required to drive a vehicle
in the normal scope and course of their employment must possess a valid Texas Driver's license and auto-
mobile liability insurance. Evidence ofthe employee's current possession of a valid license and insurance
must be maintained on a current basis in ORGANIZATION'S fles.
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.
. ORGANIZATION covenants that neither it nor any member of its governing body presently has any inter-
est, direct or indirect, which would conflict in any manner or degree with the performance of services re-
quired to be performed under this Agreement. ORGANIZATION further covenants that in the performance
of this Agreement, no person having such interest shall be employed or appointed as a member of its gov-
erning body.
C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or
employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance
of being motivated by desire for private gain for himself/herself, or others; particularly those with which
he/she has family, business, or other ties.
Page 9 of 14
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 inter-
est, direct or indirect, in this Agreement or the proceeds thereof.
15. NEPOTISM
ORGANIZATION shall not employ in any paid capacity any person who is a member of the immediate family of
any person who is currently employed by ORGANIZATION, or is a member of ORGANIZATION' S governing
board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother,
sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister.
16. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement
shall be deemed to have been delivered, whether actually received or not, when deposited in the United States
mai l, 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 th is Agreement or any interest therein, or
any claim arising thereunder to any party or parties, bank, trust company or other fnancial instihztion with-
out the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions
shall remain in full force and effect and continue to conform to the original intent of both parties hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to insist
in any one or more instances upon the terms and conditions ofthis Agreement constitute or be construed in
any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be
committed by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which
rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of
CITY may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement be-
tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment
occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatso-
ever, unless properly executed in writing, and if appropriate, recorded as an amendment ofthis Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpreta-
tion or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regula-
tions, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final au-
thority to render or to secure an interpretation.
Page 10 of 14
F, This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any liti-
gation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County,
Texas.
�� IN WITNESS V4'� �� ���:�i��l ����rrties do hereby affix th�r signatures and enter into this Agreement as of
th� ,���" M.� day of .._.�..�� � "'' �'��� � �� � � �a
CITY OF DENTON TEXAS
� V� � .
��"� � ° � ��'� .�" ��
�'� �,����a � . r � �. ���
BY; � w,�.� �, � ����������...
GEORGE C�.`���°1��'P �ELL, CITY MA�AGER �mm.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY• �" �
� � ���
�.� �W
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�,
�� � �, � ��,, .�. �.: . ... � �
BY� ...n���..y.�"������ ,��.m��.r.�,�� �, �.���.._:�.�.�.w.�....�
, r_
GNING HOPE, INC.
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� �� ���
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BY: �� �� �� �� ��� ����� ��°��„r�.....
.._ .��*
����.�
EXECUTNE I�rt�:.�:�;"CC���I�
ATTEST;
�-�
tl �� �
BY; . . ��_�_..'
. � �._.��� ___�._ � � ��� �..... �
BOARD SECRETARY
Page 11 of 14
EXHIBIT "A"
WORK STATEMENT
The primary outcome for Emergency Solutions Grant (ESG) funds is to prevent and end homelessness. This pro-
gram funded by ESG is designed to improve administrative efficiency and enhance response coordination and ef-
fectiveness in addressing the needs of homeless persons and broaden existing services.
ORGANIZATION is required to read and follow the Department of Housing and Urban Development (HiJD)
McKinney-Vento Homeless Assistance Act in 24 CFR Part 576 (as Part 576 existed on April 1, 2006) and for
HMIS component, the most current ESG guidelines as issued by the Department of Housing and Urban Develop-
ment 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 Pro-
gram). ORGANIZATION is required to read and follow the Cost Principles set forth in OMB Circular A-87 or A-
122 as applicable. ESG guidelines are also provided from the Texas Department of Housing and Community Af-
fairs (TDHCA) in the Texas Administrative Code Subchapters A. General Provisions & K. ESG Rules. Finally,
ORGANIZATION will abide by the local ESG written standards and procedures established under 24 C.F.R. §
576.400.
ELIGIBLE SERVICES
ORGANIZATION will be eligible to deliver services in the category listed below.
ESG funds may be used to deliver Homeless Management Information System (HMIS) as defned 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
ESGP funds may be used to deliver services in as defined in 24 C.F.R. § 576 (as of April 1, 2006)
• Essential Services
• Operations
• Homeless Prevention
• Administrative Costs
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 12 of 14
EXHIBIT "B"
PROJECT BUDGET
ESG
Homelessness Management Information Svstem (HMISI $ 10,000.00
ESGP
Essential ��rrw�i��^, nnerationc_ H��rrr�.��a����r�� prp�Pnt��n � 176,450.25
��l �������;�i�•��i:i^��� ('�ctc � 6,285.33
TOTAL BUDGET $ 192,735.58
Private Funds
TOTAL MATCH
PROJECT MATCH
Page 13 of 14
� 10,000.00
$ 10,000.00
EXHIBIT C
Texas Deparhnent of Housing and Community Affairs Contract
with the City of Denton
Contract: 99100002075
FY 2010 Emergency Shelter Grants Program (ESGP)
Contract Term: 10/1/2014-9/30/2015
Agency: City of Denton
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 42140002053
FY 2014 Emergency Solutions Grants (ESG) Program
Contract Term: 10/1/2014-9/30/2015
Agency: City of Denton
Page 14 of 14
C�-IANGC ORD�R TO SERVICE AGRE�MCNT
EMEIZGENCY SHELTEIt GRANT PROGI�M
`I'he Service Agreement between the City of Denton, °i^exas and Givinb llope, Inc,
for the term of 4ctober 1, 201 �l throu�la SepternUer � 0, 20 ] 5 signed .Ianuarv 26, 201 S(the
"Service A�,reelnent") and app�•oWed by Ordinance No. 201�-065 is hereby changed to
increase City 1�t�in�iin� ft�r �� ��� r�nw,�rl e`��,���a�� p�,�)���...�...���,��z�w__1 �;a;?���l�,�a;,b�.����� I�:"a� ���,b���G�����n by the
atnount of $15,000.00 (tlle "Change Order Funds"), T11e Change Order runds shall be
used for the same public pisi•poses and administered in the saine manner s�ecified in the
Service Agreemeni.
ACrRE�>1);
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Titl� � �:� �������° llirector
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�: �� ��a°��"��� � . Cainpbell
CiYy Manager
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Date � �� �� � � �� a.�..
� � y �'� �� � .�
Legal Approval:
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ow �, �. ���
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�.�� � ���.�,,�. �„w�_. . .�� �,�
J,� N� �s��� Anita Bur�ess
, �1"m�9.1c..� City Attorney
Date:
CHANGE ORDER TO SERVICE AGREEMENT
EMERGENCY SHELTER GRANT PROGRAM
The Service Agreement between the City of Denton, Texas and Givin� Hope, Inc,
for the term of October 1, 2014 through September 30, 2015 signed January 26, 2015 (the
"Service Agreement") and approved by Ordinance No. 2014-065 is hereby changed to
extend the term to December 30, 2015 and provide an increase City funding for Essential
Services, Onerations, Homelessness Prevention by the amount of 18 500.00 (the
"Change Order Funds"). Match is required for the funds in the amount of $18,SOO.00.The
The Change Order Funds shall be used for the same public purposes and administered in
the same manner specified in the Service Agreement.
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George C. Campbell
City Manager
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AGR�ED:
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APPROVED AS TO LEGAL FORM:
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BY � �..,�,� _,,� ��� � , .�� ""' ....
�� ,��i"1"�. k3l�d�:�C�ESS, �."�°l""� ATTORNEY
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PROJECT BUDGET
ESG - Homelessness Mana�ement Information S sy tem (HMIS) $ 10,000.00
ESGP - Essential Services, Operations, Homelessness Prevention$ 176,450.25
Amended 7/15 $ 15.000.00
Amended 9/15 (ESG) $ 18,500.00
ESGP - Administrative Costs $ 6,285.33
TOTAL BUDGET
$ 226,235.58
PROJECT MATCH
Private Funds .m..m........._M. $ 10,000.00
�1r-r�µ�►��°�uc�_����" I��� u. �._ ..�.w� .�.�,,,,,. � 18,500.00
TOTAL MATCH $ 28,500.00
2014-15 SERVICE AGREEMENT
EMERGENCY SOLUTIONS GRANT PROGRAM
�BETWEEN THE CITY OF DENTON, TEXAS AND
THE SALVATION ARMY DENTON CORPS
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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, The Salvation Army
Denton Corps 1508 East McKinney StreetDenton, TX 76201, hereinafter referred to as "ORGANIZATION";
WHEREAS, CITY has authorized the City Manager to accept Texas Deparhnent of Housing and Community Af-
fairs Emergency Shelter Grants Program (ESGP) and Emergency Solutions Grant Program (ESG) under the De-
partment of Housing and Urban Development (HUD) Award ofthe McKinney-Vento Homeless Assistance Act in
24 CFR Part 576 and the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
(HEARTH Act), enacted into law on May 20, 2009, take all other actions necessary to administer a grant under the
ESG and ESGP; and
WHEREAS, CITY has accepted funds from the Texas Department of Housing and Community Affairs (TDHCA)
for the purpose of paying for specific contractual services by specific agencies named in the 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 respousible 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 Fifty-Eight Thousand Five Hundred Twenty-Nine Dollars and
Fifty-Eight Cents ($158,529.58) 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 ex-
penses 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 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.
�,P Page 1 of 14
,
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D. ORGANIZATION will reduce to writing all of its rules, regulations, and policies and file a copy with
CITY's Community Development Division along with any amendments, additions, or revisions whenever
adopted.
E. ORGANIZATION will not enter into any contracts that would encumber CITY funds for a period that
would extend beyond the term of this Agreement.
F. ORGANIZATION will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to the Community Development Division.
G. ORGANIZATION will appoint a representative who will be available to meet with CITY officials when
requested.
H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information
relating to clients subject to applicable federal and state law, rules, and regulations.
I. ORGANIZATION will indemnify and hold harmless CITY, its officers and employees, from any and all
claims and suits arising out of the activities of ORGANIZATION, its employees, and/or contractors.
J. ORGANIZATION will submit to CITY copies of year-end audited financial statements.
K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those
procurement policies carried out by CITY and required by TI7HCA 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, without
limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re-
quirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as Ex-
hibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to do
the following:
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 revi-
sions 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 futt►re revisions and amendments to
the same. The Sub-recipient shall become thoroughly familiar with all of the foregoing require-
ments as applicable and shall ensure that the ESG Assisted Persons/Units comply in all respects
with the ESG Regulations.
b. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990
(Public Law 101-336), and all amendments to each, and all requirements imposed by the regula-
tions issued pursuant to these acts. These provide, in part, that no persons in the United States
shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion
be excluded from participation in, or denied, any aid, care, service, or other benefits provided by
federal and/or state funding, or otherwise be subjected to discrimination.
c. Comply with the requirements ofthe Immigration Reform and Control Act of 1986 regarding em-
ployment verification and retention of verification forms for any individuals hired on or after No-
vember 6, 1986, who will perform any labor or services under any contract between
ORGANIZATION and CITY.
d. Comply with Health and Safety Code §85.113 (relating to workplace and confidentiality guide-
lines regarding AIDS and HN).
Page 2 of 14
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 Apri120, 1995, 74`�' Leg.,
Reg. Sess., ch. 20, §l, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam.
Code Ann. §261.101 et seq.).
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 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 justifcation for immediate ter-
mination of this Agreement and/or nonpayment of the billings or any portion of the billings that
are not received within the specified time limit. Failure to comply is valid justif�cation for immedi-
ate termination ofthis Agreement. The ORGANIZATION agrees that the information submitted
is true and accurate. The ORGANIZATION further agrees to supply documentation to CITY for
the purposes of verifying reported information if requested.
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 cus-
todial 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 belonging
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 14
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.
• . . �.
The services funded by CITY shall be undertaken and completed by ORGANIZATION within the following time
frame: October 1, 2014 through September 30, 2015, 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 Fifty-Eight Thousand Five Hundred Twenty-Nine Dollars and Fifty-
Eight Cents ($158,529.58) 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 ex-
penditures with reconciliation at the end ofthe month. Documentation ofexpenditures 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 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 suff-
cient time to permit a thorough review by CITY. ORGANIZATION must obtain written approval by C1TY
prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal
property. Any procurement or purchase, which may be approved under the terms of this Agreement, must
be conducted in its entirety in accordance with the provisions of this Agreement.
Page 4 of 14
D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re-
quest, any sum of money which has been paid by CITY and which CITY at any time thereafter determines:
has resulted in overpayment to ORGANIZATION; or
2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
E. Disallowed Costs/ Reversion of Assets. Upon terminated of this Agreement, should any expense or
change for which payment has been made be subsequently disallowed or disapproved as a result of any au-
diting or monitoring by CITY, the I7epartment 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 ofthis Contract, CITY may require a refund of any and all money expended pursuantto this Con-
tract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY
within ten working days of a written notice to ORGANIZATION to revert these financial assets. The re-
version of these financial assets shall be in addition to any other remedy available to CITY either at law or
in equity for breach of this Contract.
Refunds of disallowed costs may not be made from these or any funds received from or through CITY.
F. Deobligation of Funds. In the event that actual expenditure rates deviate from ORGANIZATION'S provi-
sion of a corresponding level of performance, as specified in Bxhibit 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. Cantract 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.
..�, •, �,
A. For purposes of this Agreement, "program income" means earnings of ORGANIZATION realized from
activities resulting from this Agreement or from ORGANIZATION' S management of funding provided or
income from interest, usage or rental or lease fees, income produced from contract-supported services of in-
dividuals or employees or from the use or sale of equipment or facilities of 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 tl�e same
manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY
and ORGANIZATION agree that any fees collected for services performed by ORGANIZATION shall be
spent only for service provision. These fees or other program income will be deducted from the regular
payment request.
C. ORGANIZATION shall include this Section in its entirety in all of its sub-contracts, which involve other
income-producing services or activities.
D. It is the ORGANIZATION' S responsibility to obtain from CITY a prior determination as to whether or not
income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program
income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts determined by
CITY to be progra�n income, unless otherwise approved in writing by CITY.
Page 5 of 14
� �
ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services can
be continuously monitored. ORGANIZATION agrees to make available its fnancial records for review by CITY
at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data and reports, or
copies thereof:
A. All external or internal audits. ORGANIZATION shall submit a copy of the annual independent audit to
CITY within ten (10) days of receipt. Audit will be conducted by a certified public accountant.
B. All external or internal evaluation reports.
C. Monthly performance 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 suffcient documentation to provide in detail
full support and justification for each expenditure. ORGANIZATION agrees to retain all books, records,
documents, reports, and written accounting procedures pertaining to the services provided and expenditure
of funds under this Agreement for the period of time and under the conditions specified by the CITY.
G. Nothing in the above subsections shall be construed to relieve ORGANIZATION of responsibility for re-
taining accurate and current records, which clearly reflect the level and benefit of services, provided under
this Agreement.
1 ' !'
During the term of this Agreement, ORGANIZATION shall deliver to CITY copies of all notices of ineetings of
its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely
manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed.
ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to all meetings of
its Board of Directors.
Minutes of all meetings of ORGANIZATION' S governing body shall be available to CITY within ten (10) work-
ing days of approval.
. � � �. . , �
.
A. The CITY may terminate this Agreement with cause if the ORGANIZATION violates any covenants,
agreements, or guarantees of this Agreement, the ORGANIZATION' S insolvency or iiling of bankruptcy,
dissolution, or receivership, or the ORGANIZATION'S violation of any law or regulation to which it is
bound under the terms of this Agreement.
B. This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or
federal funds. If funds for the agreement become unavailable during any budget period, and TDHCA is un-
able to obtain additional funds, then this agreement will be terminated or reduced. Termination under this
section shall not subject TDHCA to a penalty or other claims.
C. The CITY may terminate this Agreement for convenience at any time. If this Agreement is 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 14
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 Agree-
ment.
� � . � � • � � . � � � . .
A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal pro-
visions.
B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
C. ORGANIZATION will comply with Title VI 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 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 beneiits provided by federal and/or state funding, or otherwise
be subjected to discrimination.
D. Comply with the requirements ofthe Imrnigration Reform and Control Act of 1986 regarding employment
verification and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under any contract between TDHCA and the Contractor.
E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines
regarding AIDS and HN).
F. Comply with appropriate state licensing or certification requirements and with standards prescribed by the
Secretary of the United States Department of Housing and Urban 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 indichnent involving an offense against the person, an offense against the family, or an of-
fense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas
Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification and dis-
closure will be required of all who have direct contact clients.
I. ORGANIZATION will furnish all information and reports requested by CITY, and will permit access to its
books, records, and accounts for purposes of investigation to ascertain compliance with local, State and
Federal rules and regulations.
In the event of ORGANIZATION' S nori-compliance with the non-discrimination requirements, the Agree-
ment 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.
Page7of14
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 eonflict with the authority under which
ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of
ORGANIZATION.
E. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has tak-
en all necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of ORGANIZATION are 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 request for payment.
. . 1 • '1
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment exe-
cuted by both parties, except when the terms of this Agreement expressly provide that another method shall
be used.
B. ORGANIZATION may not make transfers between or among approved line-items within budget categories
set forth in Exhibit B without prior written approval of the Community Development Administrator for the
CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and
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 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 require
the prior written approval of CITY.
G. ORGANIZATION agrees to notify CITY of any proposed change in physical location for work performed
under this Agreement at least thirty (30) calendar days in advance of the change.
H. ORGANIZATION shall notify CITY of any changes in personnel or governing board composition.
I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder
nor the transfer of funds between or among said programs will be permitted.
Page 8 of 14
1' �
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with
ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold
CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs
and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any charac-
ter whatsoever resulting in whole or in part from the performance or omission of any employee, agent or
representative of ORGANIZATION.
B. ORGANIZATION agrees to provide the defense for, and to indemnify and hold harmless CITY its agents,
employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attor-
ney fees, expenses, and liability arising out ofthe use ofthese contracted funds and program administration
and implementation except to the extent caused by the willful act or omission of CITY, its agents or em-
ployees.
13. INSURANCE
A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in-
surance as would provide adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct-
ing these activities, shall be covered by premise liability insurance, commonly referred to as "Own-
er/Tenant" coverage with CITY named as an additional insured. Upon request of ORGANIZATION,
CITY may, at its sole discretion, approve alternate insurance coverage arrangements.
C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employers'
liability coverage where available and other appropriate liability coverage for program participants, if appli-
cable.
D, ORGANIZATION will maintain adequate and continuous liability insurance on all vehicles owned, leased,
or operated by ORGANIZATION. All employees of ORGANIZATION who are required to drive a vehicle
in the normal scope and course of their employment must possess a valid Texas Driver's license and auto-
mobile liability insurance. Evidence of the employee's current possession of a valid license and insurance
must be maintained on a current basis in ORGANIZATION' S files.
E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this
Agreement, and remain the sole responsibility of ORGANIZATION.
F. The policy or policies of insurance shall contain a clause which requires that CITY and ORGANIZATION
be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such
change or cancellation.
r� � � '
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 tllat in the performance
of this Agreement, no person having such interest shall be employed or appointed as a member of its gov-
erning body.
C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or
employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance
of being motivated by desire for private gain for himself/herself, or others; particularly those with which
he/she has family, business, or other ties.
Page9of14
D. No officer, member, or employee af CITY and no member of its governing body who exercises any func-
tion or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall
(1) participate in any decision relating to the Agreement which affects his personal interest or the interest in
any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any inter-
est, direct or indirect, in this Agreement or the proceeds thereof.
.�
ORGANIZATION shall nat employ in any paid capacity any person wha is a member of the immediate family af
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.
� � •
Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement
shall be deemed ta have been delivered, whether actually received or not, when deposited in the United States
mail, postage prepaid, registered ar certified, return receipt requested, addressed to ORGANIZATION or CITY, as
the case may be, at the following addresses:
CITY
City af Dentan, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
ORGANIZATION
The Salvation Army Denton Corps
ATTN: Executive Director
150$ East McKinney Street
Denton, TX 76201
Either party may change its mailing address by sending notice of change of address to the ather at the above ad-
dress by certified mail, return receipt requested.
�. �
A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or
any claim arising thereunder to any party or parties, bank, trust company or other financial institution with-
out the prior written approval of CITY.
B. If any provision afthis Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions
shall remain in full force and effect and cantinue to conform to the original intent of bath parties hereto.
C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to insist
in any ane or more instances upon the terms and conditions ofthis Agreement constitute or be construed in
any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be
cammitted by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which
rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of
CITY may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement be-
tween the parties hereto, and any priar agreement, assertion, statement, understanding, or other commitment
occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatso-
. ever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpreta-
tion or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regula-
tions, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final au-
thority to render or to secure an interpretation.
Page 10 of 14
F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any liti-
gation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County,
Texas.
� ' p � o hereby affix their signatures and enter into this Agreement as of
��
N"�'["1��1 �,� �v''[ I 1��`�C�1 , the arties
the �o� c���y c�I��� ��.,����.... � �- —> 2014.
�°�TY OF DENTON, TEXAS �„„v�w°~""�p��
M, �; �,�� �
s� �
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BY; ___ � �' � � "�-� � �:� � .:�.._: � __...�
GEORGE C. �,,�h�'[f'I�(,L,�i.�x CITY C����GAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� iI
�
�f'1'��t"_,��'�a,T� AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTOk��EY
���
,�
s ���
��
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4
BY, � �°' ��,,� . �'� �"�°�'� �
. ��
_ � �r... p... ����^""� �"p ��— .._
�� � ���
THE SALVATION ARMY, DENTON CORPS
:•
ATTEST:
:
L�- ���a8 I�en Luy.,lC, -r)c....p i v. C'unn.n anc�er
��
.�'�� �� ��.,w
��
�.... _
Page 11 of 14
�,.
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Trav�s �� iw��,u��-�',�
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EVLiTDTT 66 A 99
L1111L1 1 Li
WORK 5TATEMENT
The primary outcome for Emergency Solutions Grant (ESG) funds is to prevent and end homelessness. This pro-
gram funded by ESG is designed to improve administrative efficiency and enhance response coordination and ef-
fectiveness in addressing the needs of homeless persons and broaden existing services.
ORGANIZATION is required to read and follow the Department of Housing and Urban Development (HUD)
McKinney-Vento Homeless Assistance Act in 24 CFR Part 576 (as Part 576 existed on April 1, 2006) and for
HMIS component, the most current ESG guidelines as issued by the Department of Housing and Urban Develop-
ment 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 Pro-
gram). ORGANIZATION is required to read and follow the Cost Principles set forth in OMB Circular A-87 or A-
122 as applicable. ESG guidelines are also provided from the Texas Department of Housing and Community Af-
fairs (TDHCA) in the Texas Administrative Code Subchapters A. General Provisions & K. ESG Rules. Finally,
ORGANIZATION will abide by the local ESG written standards and procedures established under 24 C.F.R. §
576.400.
� ; . �
ORGANIZATION will be eligible to deliver services in the category listed below.
ESG funds may be used to deliver 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
ESGP funds may be used to deliver services in as defned in 24 C.F.R. § 576 (as of April 1, 2006)
� Essential Services
a Operations
� Homeless Prevention
� Administrative Costs
� �.'' . . 1 � �'
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 12 of 14
EXHIBIT "B"
PROJECT BUDGET
ESG
Homelessness iVC.����� Ac�rtt����'k information Svstem (HMISI $ 1,000.00
ESGP
Essential Services ������ (lneratinnc $152,057.25
Administrative Costs $ 5,472.33
TOTAL BUDGET
$ 158,529.58
PROJECT MATCH
Private Funds $ 1,000.00
TOTAL MATCH $ 1,000.00
�� . �. `. .. .. y�� . !
�
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Contract: 99100002075
FY 2010 Emergency Shelter Grants Program (ESGP)
Contract Term: 10/1/2014-9/30/2015
Agency: City of Dentan
Texas Department of Housing and Community Affairs Contract
with the City of Denton
Cantract: 42140002053
FY 2014 Emergency Solutians Grants (ESG) Program
Cantract Term: 10/1/2014-9/30/2015
Agency: City of Denton
THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups —
governmental, social service, civic, religious, business, humanitarian, educational, health,
character building, and other groups — in the pursuit of its mission to preach the Christian
Gospel and meet human need.
Any agency, governmental or private, which enters into a contractual or cooperative
relationship with The Salvation Army should be advised that:
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 nfficers, wh� 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
CHANGE ORDER TO SERVICE AGREEMENT
EMERGENCY SHELTER GRANT PROGRAM
The Service Agreement between the City of Denton, Texas and The Salvation
Armv Denton Corps, for the term of October 1, 2014 through September 30, 2015 signed
Januarv 26, 2015 (the "Service Agreement") and approved by Ordinance No. 2014-065 is
hereby changed to extend the term to December 30, 2015 and provide an increase City
funding for Administrative Costs by the amount of 600.00 (the "Change Order Funds").
Match is required for the funds in the amount of $600.00.The The Change Order Funds
shall be used for the same public purposes and administered in the same manner specified
in the Service Agreement.
/� ��„��, � W���, �� . �.� �������""��
�,� � � � �
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�a�,�>� ��. � C�:������1��11
City Manager
/
Date: � � � � �
AGREED:
f I_N�; ��a�v� ��i �t� �.r���i� N"�� ���tc�r� � ��a ` �
� � � �
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By° ����`� �"�,� � � ,� �� r �,
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Title .����"���,�.�' � "�4 ���._������. � �.�� � ��:^ '� �°���� �'��. ����
�,.� �
�
Date: ��� �� �-�" �, ��,.�
Legal Approval:
��,� � _ „� �w���� ��:�
�
�� �
^,� ��� .� _w � �r � ,� �„ �.......� . ,. m ........ ..... . ..
h"�w r���w: John I���� �t �
Titi��: a�}� �ttorney
������ �`��,
Date: �� .w..... °��`�'"�� ..�.e�...
PROJECT BUDGET
ESG - Homelessness Mana�ement Information Svstem (HMISI $ 1,000.00
ESGP - Essential Services Operations Homelessness Prevention $ 152,057.25
ESGP - Administrative Costs $ 5,472.33
Amended ��11 S ....,�._ _ ... ....,..��$ 600.00
TOTAL BU DG ET
$ 159,129.58
PROJECT MATCH
S�iiv���,� �°N,�er��� � � ..�_. ..�_� 1,000.00
�ei �li l "�
600.00
TOTAL MATCH $ 1,600.00