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2015-014FILE REFERENCE FORM 2015-014 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 03/22/16 JR Change Order to Service Agreement w/ Giving Hope Inc. - ori inal is attached 03/23/16 JR 9:tLeg�l\Our pocumersts\Ordinar�ces\i5\�omrn Dev CDrdinar�ce To AppCy E;SG.docx ORDINANCE NO. ZO I S-O 14 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 PROGRAM 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.5. Code: 42 USC 11371 et seq.), and as administered through the United States Department of Housing and Urban Development; and WHEREAS, the Texas Legislature has designated the Texas Department of Housing and Community Affairs as the administering agency for the Emergency Solutions Grant Program pursuant to Sec. 2306.094, Texas Government Code; and WHEREAS, the City of Denton, Texas, intends to sub-contract with local social service agencies to provide services through the Emergency Solutions Grant program; and WHEREAS, the Texas Department of Housing and Community Affairs requires the appropriate certifications and the City Council deems it in the public interest to authorize the City Manager to execute a grant agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l. 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 Emergency Solutions Grant Program to provide services to homeless residents of Denton. The City Manager is authorized to take all other actions necessary to execute an agreement and administer this grant including execution of agreements with each of the designated subrecipient organizations. SECTION 2. The City Council of the City of Denton, Texas, authorizes the Community Development Administrator to sign and submit to the Texas Department of Housing and Community Affairs and all appropriate officials thereof, amendments, change orders, together with all necessary certiiications, and other documents, under the supervision of the City Manager, to handle all fiscal and administrative matters relating to the administration of the Emergency Solutions Grant Program, if it is funded and all other matters connected therewith. SECTION 3. The City Secretary is hereby authorized to furnish true, complete, and correct copies of this ordinance to all interested parties. SECTION 4. This ordinance shall become effective immediately upon its passage and approval,mmmmmm� PASSED AND APPROVED this the 3 day of �;��..=�� ___^. 2015a 1�'� l"�.�„�, ��"1"�"G::�R ATTEST: JENNIFER WALTERS, CITY SECRETARY � ° � � � � J� ,� BY: � , �� ._ ^ � �� — �_—. � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �. � . �� BY: � �� .� � � . __ � .� � ......n......—. ��.�. �.. . Page 2 of 2 2015-16 SERVICE AGREEMENT EMERGENCY SOLUTIONS GRANT PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND THE SALVATION ARMY DENTON CORPS This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corpora- tion, hereinafter referred to as "CITY", and AGENCY, a non-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 Department of Housing and Community Af- fairs Emergency Solutions Grant Program (ESG) Award under the Department of Housing and Urban Devel- opment (HUD) Award of the McKinney-Vento Homeless Assistance Act in 24 CFR Part 576 and the Home- less 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 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 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 conditions: A. A sum not to exceed One Hundred and Fifty-Four Thousand, Three Hundred Fourteen Dollars ($154 , 314 . 0 0) may be paid to ORGANIZATION by CITY on a reimbursement basis, sub- j ect to payment of money to the CITY by TDHCA on a cost-reimbursement basis in accordance with the Con- tract for an Emergency Solutions Grant between the CITY and TDHCA, hereinafter referred to as "TDHCA Contract". The only expenditures reimbursed from these funds shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. ORGANIZATION shall not utilize these funds for any other purpose. Page 1 of 16 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 f nancial status of the program. The system will be based on gener- ally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. C. ORGANIZATION will permit authorized officials of CITY to review its books at any time. D. ORGANIZATION will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's Community Development Division along with any amendments, additions, or revisions whenever adopted. 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 er- rors 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 re- quested. H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information relat- ing 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 pro- curement policies carried out by CITY and required by TDHCA under any and all published Rules and Regu- lations 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 of the TDHCA Contract, including, without limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re- quirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as Exhibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to do the fol- lowing: 1. Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA Comply with the provisions of the ESG as published in the Catalog of Federal Domestic Assistance (CFDA) (hereinafter referred to as "ESG Regulations") and all future amendments and revisions 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, statutes, 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 requirements as applicable and shall ensure that the ESG As- sisted Persons/Units comply in all respects with the ESG Regulations. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the Rehabilita- tion 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 de- nied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. Page 2 of 16 4. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employ- ment 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 ORGANIZATION and CITY. 5. Comply with Health and Safety Code §85.113 (relating to workplace and confdentiality guidelines re- garding AIDS and HIV). 6. 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. 7. 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 Apri120, 1995, 74`h 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.). 8. Be subject to an audit by a Certifed Public Accountant and provide a copy of the audit to CITY and TDHCA ORGANIZATION is expected to create and maintain adequate and auditable fiscal records, such as annual financial statements, tax returns, and agency budgets may be required and shall be made availa- ble to CITY or TDHCA upon request. 9. 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 rec- ords required to be kept under this Agreement. 10. 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. 11. 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, question- naires, or interviews. 12. Participate fully in any evaluation study of this program authorized by TDHCA or CITY. 13. 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 ac- cordance with the TDHCA Contract. 14. Submit billings for services, program reports, performance and fnancial status reports as required by TDHCA to the CITY by dates required by Community Development. a. Non-receipt of the required billing and statistical documentation by this date will be considered fail- ure to comply with the Agreement. Failure to comply is valid justifcation for immediate termination of this Agreement and/or nonpayment of the billings or any portion of the billings that are not re- ceived within the specified time limit. 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. 15. 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 (2 CFR §200) Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards and the TDHCA Contract. ORGANIZATION shall comply with the retention and custodial Page 3 of 16 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 accessi- ble location. 16. 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 fve (5) years after the termination of the Agreement. If any litigation, claim, or audit involv- 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 agreement is entered into between TDHCA, CITY and ORGANIZATION. ORGANIZATION will keep records of nonexpendable property acquired under the Agreement for five (5) years after final disposition of the property. 17. Notify TDHCA and CITY immediately of any significant change affecting the ORGANIZATION and ORGANIZATION'S identity, such as ownership or control, name change, governing board membership, vendor identifcation number, and personnel changes affecting the contracted services. Changes must be provided in writing to TDHCA and CITY within 10 working days after the changes are effective. 18. 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. 19. Not use funding under this Agreement to influence the outcome of elections or the passage or defeat of any legislative measures. 3. TIME OF PERFORMANCE The services funded by CITY shall be undertaken and completed by ORGANIZATION within the following time frame: October 1, 2015 through September 30, 2016, 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-Four Thousand, Three Hundred Fourteen Dollars ($154, 314 . 00) for services rendered under this Agreement, contingent on receipt of funds by CITY from TDHCA under the TDHCA Contract. Payments will be based on a projection of monthly expenditures with reconciliation at the end of the month. Documentation of expenditures must be submitted to the Community Development Division by dates required by Community Development. ORGANIZATION'S failure to provide the information on a timely basis may jeopardize present or future funding. B. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. Page 4 of 16 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 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 sufiicient time to permit a thorough review by CITY. ORGANIZATION must obtain written approv- al 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 Agree- ment. D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re- quest, any sum of money which has been paid by CITY and which CITY at any time thereafter deter- mines: 1. has resulted in overpayment to ORGANIZATION; or 2. has not been spent strictly in accordance with the terms of this Agreement; or 3. is not supported by adequate documentation to fully justify the expenditure. E. Disallowed Costs/ Reversion of Assets. Upon terminated of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Development, Texas Department of Housing and Community Affairs, or any other Federal or state agency, ORGANIZATION will refund such amount to CITY within ten working days of a written notice to ORGANIZATION, which specifies the amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to ORGANIZATION to revert these financial assets. The reversion 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 pro- vision of a corresponding level of performance, as speci�ed in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. In the event that actual expenditures devi- ate from ORGANIZATION'S provision of a corresponding level of performance, as specifed in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. G. Contract Close Out. ORGANIZATION shall submit the contract close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract peri- od. ORGANIZATION shall utilize the form agreed upon by CITY and ORGANIZATION. Page 5 of 16 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 pro- vided as a result of this Agreement, and payments from clients or third parties for services rendered by ORGANIZATION under this Agreement. B. ORGANIZATION shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and ORGANIZATION agree that any fees collected for services performed by ORGANIZATION shall be spent only for service provision. These fees or other program income will be deducted from the regular payment request. C. ORGANIZATION shall include this Section in its entirety in all of its sub-contracts, which involve other income-producing services or activities. D. It is the ORGANIZATION'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes pro- gram income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts deter- mined by CITY to be program income, unless otherwise approved in writing by CITY. 6. EVALUATION ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. ORGANIZATION agrees to make available its 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 fnancial 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 un- der this Agreement. ORGANIZATION' S record system shall contain sufficient documentation to pro- vide 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 specifed 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 beneft of services, provided un- der this Agreement. Page6of16 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 governing body. 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, agreements, or guarantees of this Agreement, the ORGANIZATION' S insolvency or filing of bankruptcy, dissolution, or receivership, or the ORGANIZATION'S violation of any law or regulation to which it is bound under the terms of this Agreement. B. This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or federal funds. If funds for the agreement become unavailable during any budget period, and TDHCA is unable to obtain additional funds, then this agreement will be terminated or reduced. Termination under this section shall not subject TDHCA to a penalty or other claims. C. The CITY may terminate this Agreement for convenience at any time. 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 compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of ORGANIZATION covered by the Agreement, less payments previously made. In case of suspension, CITY shall advise ORGANIZATION, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, ORGANIZATION will remit to CITY any unexpended CITY funds. Acceptance of these funds shall not constitute a waiver of any claim CITY may otherwise have arising out of this Agreement. 9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal provisions. B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. ORGANIZATION will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Sec- tion 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. These provide, in part, that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service, or other benefits provided by federal and/or state fund- ing, or otherwise be subjected to discrimination. Page 7 of 16 D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employ- ment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under any contract between TDHCA and the Contractor. E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). F. Comply with appropriate state licensing or certification requirements and with standards prescribed by the Secretary of the United States Department of Housing and Urban Development. G. Report any suspected case of abuse or neglect to the Texas Department of Protective and Regulatory Ser- vices (DPRS) or a local law enforcement agency office as required by Act of Apri120, 1995, 74th Leg, Reg. Sess., ch. 20, § 1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam. Code Ann. '261.101 et seq). H. Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Tex- as Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification 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. 10. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting fnancial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial conditions of ORGANIZATION on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of ORGANIZATION. C. No litigation or legal proceedings are presently pending or threatened against ORGANIZATION. D. None of the provisions herein contravenes or is in conflict with the authority under which ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of ORGANIZATION. E. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions 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. Page 8 of 16 Each of these representations and warranties shall be continuing and shall be deemed to have been repeat- ed 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 ex- ecuted by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. ORGANIZATION may not make transfers between or among approved line-items within budget catego- ries set forth in Exhibit B without prior written approval of the Community Development Administrator for the CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot signifcantly 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 speciiied by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of ORGANIZATION' S compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall re- quire the prior written approval of CITY. G. ORGANIZATION agrees to notify CITY of any proposed change in physical location for work 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 hereunder nor the transfer of funds between or among said programs will be permitted. 12. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any char- acter 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, Page9of16 losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents or employees. 13. INSURANCE A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in- surance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct- ing these activities, shall be covered by premise liability insurance, commonly referred to as "Own- er/Tenant" coverage with CITY named as an additional insured. Upon request of ORGANIZATION, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employ- ers' liability coverage where available and other appropriate liability coverage for program participants, 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 must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in ORGANIZATION' S files. E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of ORGANIZATION. F. The policy or policies of insurance shall contain a clause which requires that CITY and ORGANIZATION be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. 14. CONFLICT OF INTEREST A. With respect to the use of ESGP funds to procure services, equipment, supplies or other property, states, territories and units of general local government that receive ESGP funds shall comply with 24 CFR 85.36(b)(3), and non-profit subgrantees shall comply with 24 CFR 84.42. B. ORGANIZATION covenants that neither it nor any member of its governing body presently has any in- terest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. ORGANIZATION further covenants that in the perfor- mance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appear- ance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. D. No officer, member, or employee of CITY and no member of its governing body who exercises any func- tion or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the in- Page 10 of 16 terest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15. NEPOTISM ORGANIZATION shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by ORGANIZATION, or is a member of ORGANIZATION'S governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 16. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this 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 certifed, return receipt requested, addressed to ORGANIZATION or CITY, as the case may be, at the following addresses: CITY City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 ORGANIZATION The Salvation Army Denton Corps ATTN: Divisional Commander 1508 East McKinney Street Denton, TX 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 17. MISCELLANEOUS A, ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other fnancial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provi- sions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to in- sist in any one or more instances upon the terms and conditions of this Agreement constitute or be con- strued in any way to be a waiver by CITY of any breach of covenant or default which may then or subse- quently be committed by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereun- der, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement be- tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other commit- ment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. Page 11 of 16 E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpre- tation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regula- tions, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final au- thority to render or to secure an interpretation. 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 Coun- ty, Texas. 1N ''��"I'I"N� �,� �r"� I�.��k>C71�", tl�e parties do hereby affix their signatures and enter into this Agreement as of the �� '"� ��ay ��"�� ()�„';"`� CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER � ��,�� , � '°,� �� ,� „��.�,�"� ....�.,. � �.: " � � �� .. �.. . � � BY. " � � � �.� ATTEST: JENNIFER WALTERS, CITY SECRETARY BY �� . :w.� �� ......� �� .� .. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �f� ��m � ��_�� "� �,� �� . �� BY °' � ,� � ..,, �� , . �. �„> �, ��,' THE SALVATION ARMY DENTON CORPS f �� ,�. . ��. BY„DIVISION,�f,�C ��M� �� _�� MMANDER , I �,� r�� Lu�� I� ATTEST: � ,. . u. � ,�._. ,� � w . „ BY: u` _ � � �""�1� � � � � ""�� '� J° � ��.,.,�..,..�. DIVISI(�� L�� ,�.��"° -�-�"' So��S�,�uiceS,KimO�i�vie Page 12 of 16 EXHIBIT A WORK STATEMENT The primary outcome for Emergency Solutions Grant (ESG) funds and the Emergency Shelter Grant Program (ESGP) is to prevent and end homelessness. This program is designed to improve administrative efficiency and enhance response coordination and effectiveness in addressing the needs of homeless persons and broaden exist- ing services. ORGANIZATION is required to read and follow the Department of Housing and Urban Development (HUD) the most current ESG guidelines as issued by the Department of Housing and Urban Development as set forth in the Interim Regulations for Homeless Emergency Assistance and Rapid Transition to Housing 24 CFR Parts § 91 and § 576 (Consolidated Plan Conforming Amendments and Emergency Solutions Grants Program). ORGANIZATION is required to read and follow the Cost Principles set forth applicable. ESG guidelines are also provided from the Texas Department of Housing and Community Affairs (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 ESG funds may be used to deliver services in any of f ve program components. To be eligible, agencies will en- sure that all households meet the homelessness or at-risk of homelessness defin ition appl icable to the component along with the minimum eligibility requirements to receive services. ORGANIZATION will be eligible to deliver services in the category listed below. Emergency Shelters as deiined in 24 C.F.lt. § 576.102 '['he purpose of ESG �mergenc:y sllelCers is to pl�ovide essenti�l seyvices to sheltered hoineless persons. Essent�al services can acid�°ess tlle imntedi�t� tleeds c7f hc)meless p�rsons living c)» the street, in efnergency sllelter° or° in transitianrtl I�ousing, and ccin 17e1p en�Lble hc)rneless ��ersorls bec.c)me mare independ�nt. • Case Management • Child Care • Education Services • Employment Assistance and Job Training • Outpatient Health Services • Legal Services • Life Skills Training • Mental Health Services • Substance Abuse Treatment Services • Transportation • Services for Special Populations • Shelter Homeless Management Information System (HMIS) as defined in 24 C.F.R. § 576.107 ESG funding provides for Access and maintenance of HMIS System. All agencies receiving ESG funds are re- quired to participate to the CoC's HMIS except as prohibited by law. HMIS participation must comply with HUD standards on participation, data collection and reporting to HMIS Lead as participation ensures more effi- cient collaboration and coordination of services. Service to participants includes: • Contributing Data to the HMIS or comparable database Page 13 of 16 Administrative Costs as defined in 24 C.F.R. § 576.108 Recipients may use a share of the 3.5% of the ESG grant for the payment of administrative costs related to plan- ning and execution of ESG activities. General Management o Salaries o Travel Costs for Monitorin� o Administrative Services o Cost of �oods and services for administration Training (HUD Sponsored) PERFORMANCE AND OUTCOMES Performance measures and outcomes will be established by the Texas Department of Housing and Communi- ty Affairs (TDHCA). ORGANIZATION will make every effort to meet all performance and outcomes 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 14 of 16 EXHIBIT B ALLOWABLE EXPENSES/MATCH Emergency Shelter $149,819.00 ESSENTIAL SERVICES SHELTER OPERATIONS Administrative Costs $ 4,495.00 TOTAL BUDGET PROJECT MATCH �1+�� "r,��c�n� "� �kl��• �+"t�elc�°�� I� ��r�,c�;� � ��rt� C��v�� "r�wa��i� � ��'.�+��«�9� +��"t �'�r��a � 4'a�ir,r�ie� ��awr�� (:�dl��e• '� TOTAL MATCH Page 15 of 16 $154,314.00 0.00 0.00 0.00 0.00 160,625.00 0.00 $160,625.00 EXHIBIT C Texas Department of Housing and Community Affairs Contract with the City of Denton Contract: tl��3�i �� N,'�'.� ��!;�'�:� FY 2014 Emergency Solutions Grants (ESG) Program Contract Term: 10/1/2015-9/30/2016 Agency: City of Denton Page 16 of 16 THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States governmental, social service, civic, religious, character building, and other groups — in the Gospel and meet human need. works cooperatively with many groups — business, humanitarian, educational, health, pursuit of its mission to preach the Christian Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: 2. Kj The Salvation Army is an international religious and charitable movement, organized and operated on a quasi-military pattern, and is a branch of the Christian church. All programs of The Salvation Army are administered by Salvation Army Officers, who axe 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 2015-16 SERVICE AGREEMENT EMERGENCY SOLUTIONS GRANT PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND CHRISTIAN COMMUNITY ACTION This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corpora- tion, hereinafter referred to as "CITY", and AGENCY, a non-profit corporation, Christian Community Action 200 South Mill Street Lewisville, Texas 75057, hereinafter referred to as "ORGANIZATION"; WHEREAS, CITY has authorized the City Manager to accept Texas Department of Housing and Community Af- fairs Emergency Solutions Grant Program (ESG) Award under the Department of Housing and Urban Devel- opment (HUD) Award of the McKinney-Vento Homeless Assistance Act in 24 CFR Part 576 and the Home- less 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 WHEREAS, CITY has accepted funds from the Texas Department ofHousing and Community Affairs (TDHCA) for the purpose of paying for specific contractual services by specific agencies named in the ESG application; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assistance to homeless and potentially homeless families; and WHEREAS, CITY has designated the Community Development Division as the division responsible for the ad- ministration of this Agreement and all matters pertaining thereto; and NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES ORGANIZATION hereby accepts the responsibility for the performance of all services and activities described in the Work Statement attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider ORGANIZATION'S executive offcer to be ORGANIZATION's representative responsible for the management of all contractual matters pertaining hereto, unless written notifcation 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 conditions: A. A sum not to exceed One Hundred and Fifty Thousand Dollars ($150 , 000 . 00 ) may be paid to ORGANIZATION by CITY on a reimbursement basis, subject to payment of money to the CITY by TDHCA on a cost-reimbursement basis in accordance with the Contract for an Emergency Solutions Grant between the CITY and TDHCA, hereinafter referred to as "TDHCA Contract". The only expenditures reim- bursed from these funds shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. ORGANIZATION shall not utilize these funds for any other purpose. Page 1 of 16 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 gener- ally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. 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 f le 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 er- rors 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 re- quested. H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information relat- ing to clients subject to applicable federal and state law, rules, and regulations. I. ORGANIZATION will indemnify and hold harmless CITY, its ofiicers and employees, from any and all claims and suits arising out of the activities of ORGANIZATION, its employees, and/or contractors. J. ORGANIZATION will submit to CITY copies of year-end audited fnancial statements. K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those pro- curement policies carried out by CITY and required by TDHCA under any and all published Rules and Regu- lations 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 of the TDHCA Contract, including, without limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re- quirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as Exhibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to do the fol- lowing: 1. Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA Comply with the provisions of the ESG as published in the Catalog of Federal Domestic Assistance (CFDA) (hereinafter referred to as "ESG Regulations") and all future amendments and revisions 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, statutes, 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 requirements as applicable and shall ensure that the ESG As- sisted Persons/Units comply in all respects with the ESG Regulations. Comply with Title VI ofthe Civil Rights Act of 1964 (Public Law 88-352), Section 504 ofthe Rehabilita- tion 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 de- nied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. Page 2 of 16 4. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employ- ment 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 ORGANIZATION and CITY. 5. Comply with Health and Safety Code §85.113 (relating to workplace and confidentiality guidelines re- garding AIDS and HIV). 6. Comply with appropriate state licensing or certifcation requirements and with standards prescribed by the Secretary of the United States Departrnent of Housing and Urban Development. 7. 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 Apri120, 1995, 74`h 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.). 8. Be subject to an audit by a Certifed Public Accountant and provide a copy of the audit to CITY and TDHCA ORGANIZATION is expected to create and maintain adequate and auditable fiscal records, such as annual financial statements, tax returns, and agency budgets may be required and shall be made availa- ble to CITY or TDHCA upon request. 9. Use generally accepted accounting procedures as recognized by the American Institute of Certifed Public Accountants and follow TDHCA financial management policies and procedures in maintaining fiscal rec- ords required to be kept under this Agreement. 10. 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. 11. 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, question- naires, or interviews. 12. Participate fully in any evaluation study of this program authorized by TDHCA or CITY. 13. 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 termiriation of the Agreement in ac- cordance with the TDHCA Contract. 14. Submit billings for services, program reports, performance and financial status reports as required by TDHCA to the CITY by dates required by Community Development. a. Non-receipt of the required billing and statistical documentation by this date will be considered fail- ure to comply with the Agreement. Failure to comply is valid justiiication for immediate termination of this Agreement and/or nonpayment of the billings or any portion of the billings that are not re- ceived within the specified time limit. 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. 15. 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 (2 CFR §200) Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards and the TDHCA Contract. ORGANIZATION shall comply with the retention and custodial Page 3 of 16 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 accessi- ble location. 16. Maintain and keep financial and supporting documents, statistical records, and other records pertinent to the services for which a claim was submitted. The records and documents will be kept for a mini- mum of five (5) years after the termination of the Agreement. If any litigation, claim, or audit involv- ing these records begins before the 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 iinal order is issued in litigation, or a written agreement is entered into between TDHCA, CITY and ORGANIZATION. ORGANIZATION will keep records of nonexpendable property acquired under the Agreement for five (5) years after final disposition of the property. 17. Notify TDHCA and CITY immediately of any significant change affecting the ORGANIZATION and ORGANIZATION'S identity, such as ownership or control, name change, governing board membership, vendor identification number, and personnel changes affecting the contracted services. Changes must be provided in writing to TDHCA and CITY within 10 working days after the changes are effective. 18. 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. 19. Not use funding under this Agreement to influence the outcome of elections or the passage or defeat of any legislative measures. 3. TIME OF PERFORMANCE The services funded by CITY shall be undertaken and completed by ORGANIZATION within the following time frame: October 1, 2015 through September 30, 2016, 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 Thousand Dollars ($150, 000. 00) for services rendered under this Agreement, contingent on receipt of funds by CITY from TDHCA under the TDHCA Contract. Payments will be based on a projection of monthly expenditures with reconciliation at the end of the month. Documentation of expenditures must be submitted to the Community Development Divi- sion by dates required by Community Development. ORGANIZATION'S failure to provide the infar- mation on a timely basis may jeopardize present or future funding. B. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. Page 4 of 16 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 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 sufficient time to permit a thorough review by CITY. ORGANIZATION must obtain written approv- al 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 Agree- ment. D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re- quest, any sum of money which has been paid by CITY and which CITY at any time thereafter deter- mines: 1. has resulted in overpayment to ORGANIZATION; or 2. has not been spent strictly in accordance with the terms of this Agreement; or 3. is not supported by adequate documentation to fully justify the expenditure. E. Disallowed Costs/ Reversion of Assets. Upon terminated of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Development, Texas Department of Housing and Community Affairs, or any other Federal or state agency, ORGANIZATION will refund such amount to CITY within ten working days of a written notice to ORGANIZATION, which specifies the amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to ORGANIZATION to revert these financial assets. The reversion of these fnancial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. F. Deobligation of Funds. In the event that actual expenditure rates deviate from ORGANIZATION'S pro- vision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. In the event that actual expenditures devi- ate 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 fnal expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within ffteen (15) working days following the close of the contract peri- od. ORGANIZATION shall utilize the form agreed upon by CITY and ORGANIZATION. Page 5 of 16 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 pro- vided as a result of this Agreement, and payments from clients or third parties for services rendered by ORGANIZATION under this Agreement. B. ORGANIZATION shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and ORGANIZATION agree that any fees collected for services performed by ORGANIZATION shall be spent only for service provision. These fees or other program income will be deducted from the regular payment request. C. ORGANIZATION shall include this Section in its entirety in all of its sub-contracts, which involve other income-producing services or activities. D. It is the ORGANIZATION'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes pro- gram income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts deter- mined by CITY to be program income, unless otherwise approved in writing by CITY. 6. EVALUATION ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. ORGANIZATION agrees to make available its financial records for review by CITY at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data and reports, or copies 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 fnancial 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 un- der this Agreement. ORGANIZATION'S record system shall contain suffcient documentation to pro- vide 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 specifed 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 un- der this Agreement. Page 6 of 16 7. DIRECTORS' MEETINGS During the term of this Agreement, ORGANIZATION shall deliver to CITY copies of all notices of ineetings of its Board of Directors, setting forth the time and place thereo£ 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 governing body. 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, agreements, or guarantees of this Agreement, the ORGANIZATION' S insolvency or filing of bankruptcy, dissolution, or receivership, or the ORGANIZATION'S violation of any law or regulation to which it is bound under the terms of this Agreement. B. This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or federal funds. If funds for the agreement become unavailable during any budget period, and TDHCA is unable to obtain additional funds, then this agreement will be terminated or reduced. Termination under this section shall not subject TDHCA to a penalty or other claims. C. The CITY may terminate this Agreement for convenience at any time. 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 compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of ORGANIZATION covered by the Agreement, less payments previously made. In case of suspension, CITY shall advise ORGANIZATION, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, ORGANIZATION will remit to CITY any unexpended CITY funds. Acceptance of these funds shall not constitute a waiver of any claim CITY may otherwise have arising out of this Agreement. 9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal provisions. B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. ORGANIZATION will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Sec- tion 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. These provide, in part, that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service, or other benefits provided by federal and/or state fund- ing, or otherwise be subjected to discrimination. Page 7 of 16 D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employ- ment veriiication and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under any contract between TDHCA and the Contractor. E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). F. Comply with appropriate state licensing or certification requirements and with standards prescribed by the Secretary of the United States Department of Housing and Urban Development. G. Report any suspected case of abuse or neglect to the Texas Department of Protective and Regulatory Ser- vices (DPRS) or a local law enforcement agency office as required by Act of Apri120, 1995, 74th Leg, Reg. Sess., ch. 20, §1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon) (to be codified as Tex. Fam. Code Ann. '261.101 et seq). H. Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Tex- as Controlled Substances Act, Tex. Rev. Civ. Stat. Ann. Art. 4476-15 as amended. This verification 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. 10. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial conditions of ORGANIZATION on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of ORGANIZATION. C. No litigation or legal proceedings are presently pending or threatened against ORGANIZATION. D. None of the provisions herein contravenes or is in conflict with the authority under which ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of ORGANIZATION. E. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions 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. Page 8 of 16 Each of these representations and warranties shall be continuing and shall be deemed to have been repeat- ed 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 ex- ecuted by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. ORGANIZATION may not make transfers between or among approved line-items within budget catego- ries set forth in Exhibit B without prior written approval of the Community Development Administrator for the CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. ORGANIZATION will submit revised budget and program information, whenever the level of funding for ORGANIZATION or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regula- tions pursuant hereto may occur during the term 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 re- quire the prior written approval of CITY. 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 hereunder nor the transfer of funds between or among said programs will be permitted. 12. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any char- acter 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, Page 9 of 16 losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents or employees. 13. INSURANCE A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in- surance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct- ing these activities, shall be covered by premise liability insurance, commonly referred to as "Own- er/Tenant" coverage with CITY named as an additional insured. Upon request of ORGANIZATION, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employ- ers' liability coverage where available and other appropriate liability coverage for program participants, 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 must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in ORGANIZATION'S files. E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of ORGANIZATION. F. The policy or policies of insurance shall contain a clause which requires that CITY and ORGANIZATION be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. L[�K17►1 y 11 [fJl 1[�7 � 1►Y Y_�'��[.�1 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 in- terest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. ORGANIZATION further covenants that in the perfor- mance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appear- ance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. D. No officer, member, or employee of CITY and no member of its governing body who exercises any func- tion or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the in- Page 10 of 16 terest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15. NEPOTISM ORGANIZATION shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by ORGANIZATION, or is a member of ORGANIZATION' S governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 16. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this 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 Atm: 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 certified mail, return receipt requested. 17. MISCELLANEOUS A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision 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 conform to the original intent of both parties hereto. C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to in- sist in any one or more instances upon the terms and conditions of this Agreement constitute or be con- strued in any way to be a waiver by CITY of any breach of covenant or default which may then or subse- quently be committed by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereun- der, which rights, powers, privileges, or remedies are always specifcally preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement be- tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other commit- ment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. Page 11 of 16 E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpre- tation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regula- tions, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final au- thority to render or to secure an interpretation. 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 Coun- ty, Texas. I fi�r'�1��:�' � fl��➢�Z<�)1�', the parties do hereby affix their signatures and enter into this Agreement as ofthe , ��1y " 201 �, (� �„�,, CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER �',� � ��° y _w � � � � �� , � �� BY:�w.� � ��.�� -.� �,� "�,� ��, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: �� Vj,.��..�.�� _�� . . � � . � , M� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,� BY�. ,�� ° � �,.�� "� ��",. �.�,��. �:�� ....._ ..................� � ��,�, CHRISTIAN COMMUNITY ACTION � �� BY:� �"�� "` .� ��, ,.� �� ....._�_ m� �:;�L��;' ' '"�"��:^a 1��I�F°:C."�"�� ATTEST: BY �� ,�'� � �' � � � � � � ,�� ,.-� ;�,� � � ,.� .,�,e �f°�E�t),�C�i7� �G`��i�LTe�i�"�� d�,�� Page 12 of 16 EXHIBIT A WORK STATEMENT The primary outcome for Emergency Solutions Grant (ESG) funds and the Emergency Shelter Grant Program (ESGP) is to prevent and end homelessness. This program is designed to improve administrative efiiciency and enhance response coordination and effectiveness in addressing the needs of homeless persons and broaden exist- ing services. ORGANIZATION is required to read and follow the Department of Housing and Urban Development (HUD) the most current ESG guidelines as issued by the Department of Housing and Urban Development as set forth in the Interim Regulations for Homeless Emergency Assistance and Rapid Transition to Housing 24 CFR Parts § 91 and § 576 (Consolidated Plan Conforming Amendments and Emergency Solutions Grants Program). ORGANIZATION is required to read and follow the Cost Principles set forth applicable. ESG guidelines are also provided from the Texas Department of Housing and Community Affairs (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 ESG funds may be used to deliver services in any of five program components. To be eligible, agencies will en- sure that all households meet the homelessness or at-risk of homelessness definition applicable to the component along with the minimum eligibility requirements to receive services. ORGANIZATION will be eligible to deliver services in the category listed below. Homeless Prevention as defined in 24 C.F.R. § 576. � 103 The purpose of ESG Street Outreach is to prevent a household from being evicted and becoming homeless. Agen- cies must assess and document that the household would become homeless (per the definition above) but for the ESG assistance. In other words, a household would require emergency shelter or would otherwise become literally hoineless in the absence of ESG assistance. Hoinelessness Prevention assistance must be provided in accordance with the housing relocation and stabilization services requirements in § 576.105, the short- and medium-term rental assistance requirements in § 576.106, and the written standards and procedures established under§ 576.400. • Financial Assistance • Services o Housing Search & Placement o Housin� Stabilitv Case Mana e� o Mediation o Legal Services o Credit Repair Short- and Medium-Term Tenant Based Rental Assistance may be provided with up to 25 months of rent- al assistance during any 3-year period Homeless Management Information System (HMIS) as defined in 24 C.F.R. § 576.107 ESG funding provides for Access and maintenance of HMIS System. All agencies receiving ESG funds are re- quired to participate to the CoC's HMIS except as prohibited by law. HMIS participation must coinply with HUD standards on participation, data collection and reporting to HMIS Lead as participation ensures more effi- cient collaboration and coordination of services. Service to participants includes: • Contributing Data to the HMIS or comparable database Page 13 of 16 Administrative Costs as defined in 24 C.F.R. § 576.108 Recipients may use a share of the 3.5% of the ESG grant for the payment of administrative costs related to plan- ning and execution of ESG activities. General Management o Salaries o Travel Costs for MonitorinQ o Administrative Services ._..� ............... o Cost of �oods and services for administration Training (HUD Sponsored) PERFORMANCE AND OUTCOMES Performance measures and outcomes will be established by the Texas Department of Housing and Communi- ty Affairs (TDHCA). ORGANIZATION will make every effort to meet all performance and outcomes 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 14 of 16 EXHIBIT B ALLOWABLE EXPENSES/MATCH Homelessness Prevention $ 139,725.00 HOUSING RELOCATION & STABILIZATION FINANCIAL HOUSING RELOCATION & STABILIZATION SERVICES TENANT BASED RENTAL ASSISTANCE Homelessness Mana�ement Information Svstem (HMIS) $ 5,775.00 Administrative Costs $ 4,500.00 TOTAL BUDGET PROJECT MATCH $150,000.00 l��rt�l�+��": k11�� s � 0.00 Other Federal Funds $ 0.00 ,��#� ��v't �� r1s � 0.00 Local Gov't Funds $ 0.00 Private Fuands � $ 150,000.00 �it�a�- �i 0.00 TOTAL MATCH Page 15 of 16 $ 150,000.00 EXHIBIT C Texas Department of Housing and Community Affairs Contract with the City of Denton Contract: �;��;��;i� °�"�� C� FY 2014 Emergency Solutions Grants (ESG) Program Contract Term: 10/1/2015-9/30/2016 Agency: City of Denton Page 16 of 16 2015-16 SERVICE AGREEMENT EMERGENCY SOLUTIONS GRAIYT PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY FRIENDS OF THE FAMILY This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corpora- tion, hereinafter referred to as "CITY", and AGENCY, a non-profit corporation, Denton County Friends of the Family P. O. Box 640 Denton, TX 76202, hereinafter referred to as "ORGANIZATION"; WHEREAS, C1TY has authorized the City Manager to accept Texas Department of Housing and Community Af- fairs Emergency Solutions Grant Program (ESG) Award under the Department of Housing and Urban Devel- opment (HUD) Award of the McKinney-Vento Homeless Assistance Act in 24 CFR Part 576 and the Home- less 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 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 ofthis Agreement and all matters pertaining thereto; and NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES ORGANIZATION hereby accepts the responsibility for the performance of all services and activities described in the Work Statement attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider ORGANIZATION'S executive officer to be ORGANIZATION's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from ORGANIZATION, and approved by CITY. 1'he CITY'S Community Development Administrator will be CITY's representative responsible for the admin- istration ofthis 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 Forty Thousand, One Hundred Thirteen Dol— lars ($140 , 113 . 00 ) may be paid to ORGANIZA"fION by C1TY 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 between the CITY and TDHCA, hereinafter referred to as "TDHCA Con- tracY'. The only expenditures reimbursed from these funds shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. ORGANIZATION shall not utilize these funds for any other purpose. Page 1 of l6 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 gener- ally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. C, ORGANIZATION will permit authorized officials of CITY to review its books at any time. D. ORGANIZATION will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's Community Development Division along with any amendments, additions, or revisions whenever adopted. 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 er- rors 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 C1TY officials when re- quested. H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information relat- ing 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 pro- curement policies carried out by CITY and required by TDHCA under any and all published Rules and Regu- lations forthe 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 of the 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 Exhibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to do the fol- lowing; 1, Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA 2. Comply with the provisions of the ESG as published in the Catalog of Federal Domestic Assistance (CFDA) (hereinafter referred to as "ESG Regulations") and all future amendments and revisions to the same are hereby incorporated into and made a part ofthis Agreement. The Sub-recipient shall at all times comply with the ESG Regulations, associated Executive Orders, statutes, OMB Circulars, other related federal regulations, and all future revisions and amendments to the same. The Sub-recipient shall become thoroughly familiar with all ofthe foregoing requirements as applicable and shall ensure that the ESG As- sisted Persons/Units comply in all respects with the ESG Regulations, 3. Comply with Title VI ofthe Civil Rights Act of 1964 (Public Law 88-352), Section 504 ofthe Rehabilita- tion Act of 1973 (Public Law 93-] 12), 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 de- nied, any aid, care, service, or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. I'age 2 of 16 4. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employ- ment 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 ORGANIZATION and CITY. 5. Comply with Health and Safety Code §85.1 l3 (relating to workplace and confidentiality guidelines re- garding AIDS and HIV). 6. 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. 7, 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`h Leg., Reg, Sess., ch. 20, § 1, 1995 Tex. Sess. Law Serv. 1 13, 260 (Vernon) (to be codified as Tex. Fam, Code Ann. §261.1 Ol et seq.). 8, 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 availa- ble to CITY or TDHCA upon request. 9. 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 rec- ords required to be kept under this Agreement. 10, 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. 11. 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, question- naires, or interviews. 12. Participate fully in any evaluation study of this program authorized by TDHCA or CTTY, 13. 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 ofORGANIZATION. Transfer or assignment without prior written consent of either party may result in termination ofthe Agreement in ac- cordance with the TDHCA Contract. 14. Submit billings for services, program reports, performance and financial status reports as required by TDHCA to the CITY by dates required by Community Development. a, Non-receipt ofthe required billing and statistical documentation by this date will be considered fail- ure to comply with the Agreement. Failure to comply is valid justification for immediate termination of this Agreement and/or nonpayment of the billings or any portion of the billings that are not re- ceived within the specified time limit. 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. 15. 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 CTTY 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 (2 CFR §200) Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards and the TDHCA Contract. ORGANIZATION shal] comply with the retention and custodial Page 3 of l6 requirements for records as set forth in OMB Circular No. A-1 10 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 accessi- ble location. 16. Maintain and keep financial and supporting documents, statistical records, and other records pertinent to the services for which a claim was submitted. The records and documents will be kept for a mini- mum of five (5) years after the termination of the Agreement, If any litigation, claim, or audit involv- ing these records begins before the 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 fina] order is issued in litigation, or a written agreement is entered into between TDHCA, CITY and ORGANIZATION, ORGANIZATION will keep records of nonexpendable property acquired under the Agreement for five (5) years after final disposition of the property. 17, N�a9.i�� l.i)1:-1�'�t ��c,l C,fTY immediately of �� ;r7�(i��o�� c.�rr;�r�� f"l��c�ii�°w� tfic. t��L��+��:��^+'& �CSN ��a,cE ��N�,��,�NI�.�"�"1+�3�3'S identity, such as ��vr��t°�hi� ��r ��N��°�a�„ rb��t��e �I��,�, �t�v�::z°r�iro�� w�r•c� a�a��l�c,�-��i�:�T v�,�rwc�u�t' i�entification number, ��at�l p.�a�r�:��ta��r�c:l ��M�� t�'��;�1��,�, �� c��'1��;�c�� rvvices. Changes must be provided in writing to TDHCA and C[TY within 10 working days after the changes are effective. ] 8, 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, l9, Not use funding under this Agreement to influence the outcome of elections or the passage or defeat of any legislative measures. 3. TIME OF PERFORMANCE The services funded by CITY shall be undertaken and completed by ORGANIZATION within the following time frame: October 1, 2015 through September 30, 2016, 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 Forty Thousand, One Hundred Thirteen Dollars ($140,113 . 00) for services rendered under this Agreement, contingent on receipt of funds by CITY from TDHCA under the TDHCA Contract, Payments will be based on a projection of monthly 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 of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. Page 4 of 16 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) 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 sufficient time to permit a thorough review by CITY. ORGANIZATION must obtain written approv- al 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 Agree- ment. D. Excess Payment. ORGANIZATTON shall refund to CITY within ten (10) working days of CITY's re- quest, any sum of money which has been paid by CTTY and which CITY at any time thereafter deter- mines: 1. has resulted in overpayment to ORGANTZATTON; 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 C1TY, the Department of Housing and Urban Development, Texas Department of Housing and Community Affairs, or any other Federal or state agency, ORGANIZATION will refund such amount to CITY within ten working days of a written notice to ORGANIZATiON, which specifies the amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to ORGANIZATION to revert these financial assets. The reversion of these financia) 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. �+��rt�k��s�ti��w��nr ��" i+��r��t�tl:�. Ia� �� v�r�� that act�u��l s��a�r��fil��°� �-atie� c�eviate ��e�� +�3��a��r"� I'6�'�)�"S pro- vi��c�� i �a� t��r�r°��,N��a�rr��c�ed�z�� V�r��:� va� w��rformancr��;� �� sp�� rp�� L::��ibit A, �.��'�""r' 'k��a��°a�l�� ^��v�� tl��e right a� ��p��r��ri��. c��• �°�c;;��r�r�� aa�y ��h under ��ac��;��l�c� fia�a��. 1rx tl�e even� il��t ;��1 ��i��it�� devi- ate 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 fol lowing the close of the contract peri- od. ORGANIZATION shall utilize the form agreed upon by C1TY and ORGANIZATION. Page5ofl6 5. PROGRAM INCOME A. For purposes of this Agreement, "program income" means earnings of ORGANTZATION 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 pro- vided 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. C1TY 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 C1TY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the perforinance thereof, constitutes pro- gram income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts deter- mined by CITY to be program income, unless otherwise approved in writing by CITY. 6. EVALUATION ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. ORGANIZATION agrees to make available its financial records for review by C1TY 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 annua] independent audit to CITY within ten (] 0) 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 un- der this Agreement. ORGANIZATION'S record ��i�� ^��a��9p �<��i��g ��a�I4ci��a�� a'w�r��<��r��,��a t�a ��r•+�-� vide in detail full support and justification for each ��:�r��it�.�r°c�. �i��z�T�G&�!�l"�'lC�l� �e�w°�� N��Mzr� �� books, records, documents, reports, and written acc��r�s��ti�� °�c��r�s �c��nir��o"�� t�� l�l��r� ��rri�`�,:� �w'��r��'r and expenditure of funds under this Agreement fo�r° �1�� i�a�N �al"d':i�� ,r��l �o��c'l�"t" �h�� s��rr��it��"A �,��F+�i�"��1 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 un- der this Agreement. Page 6 of 16 7. DIRECTORS' MEETINGS During the term of this Agreement, ORGANI7ATION 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 governing body. Minutes of all meetings of ORGANIZATION'S governing body shall be available to CITY within ten (] 0) working days of approval. 8. SUSPENSION OR TERMINATION A, The CITY may terminate this Agreement with cause if the ORGANIZATION violates any covenants, agreements, or guarantees of this Agreement, the ORGANIZATION'S insolvency or filing of bankruptcy, dissolution, or receivership, or the ORGANTZATION'S violation of any law or regulation to which it is bound under the terms of this Agreement. B. This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or federal funds. If funds for the agreement become unavailable during any budget period, and TDHCA is unable to obtain additional funds, then this agreement will be terminated or reduced. Termination under this section shall not subject TDHCA to a penalty or other claims, C, The CITY may terminate this Agreement for convenience at any time, 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 compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of ORGANIZATION covered by the Agreement, less payments previously made. In case of suspension, CTTY shall advise ORGANIZATION, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, ORGANIZATION will remit to CITY any unexpended CITY funds. Acceptance of these funds shall not constitute a waiver of any claim CITY may otherwise have arising out of this Agreement. 9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal provisions, B, ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. ORGANIZATION will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Sec- tion 504 of the Rehabilitation Act of 1973 (Public Law 93-1 12), the Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts, These provide, in part, that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service, or other benefits provided by federal and/or state fund- ing, or otherwise be subjected to discrimination. Page 7 of 16 D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employ- ment verification and retention of verifcation forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under any contract between 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. '261.1 O 1 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 Tex- as Controlled Substances Act, Tex. Rev. Civ. Stat, Ann, Art. 4476-15 as amended. This verification 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. 10. WARRANTIES ORGANIZATION represents and warrants that: A, All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CiTY, B. Any supporting fnancial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial conditions of ORGANIZATION on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of ORGANIZATION. C. No litigation or legal proceedings are presently pending or threatened against ORGANIZATION. D. None of the provisions herein contravenes or is in conflict with the authority under which ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of ORGANIZATION. E. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions 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. Page 8 of 16 Each of these representations and warranties shall be continuing and shall be deemed to have been repeat- ed 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 ex- ecuted by both parties, except when the terms of this Agreement expressly provide that another method shall be used, B. ORGANIZATION may not make transfers between or among approved line-items within budget catego- ries set forth in Exhibit B without prior written approval of the Community Development Administrator for the CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by C1TY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot signifcantly 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 re- quire the prior written approval of CITY. 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 C1TY of any changes in personnel or governing board composition. I, It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 12. INDEMNIFICATION A, It is expressly understood and�agreed by both parties hereto that CITY is contracting with ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold CITY, its offcers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any char- acter 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, Page 9 of 16 losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents or employees. l3. 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 employ- ers' liability coverage where available and other appropriate liability coverage for program participants, 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 must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in ORGANIZATION'S files. E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of ORGANIZATION. F. The policy or policies of insurance shall contain a clause which requires that CITY and ORGANIZATTON be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. 14. CONFLICT OF INTEREST A. With respect to the use of ESGP funds to procure services, equipment, supplies or other property, states, territories and units of general local government that receive ESGP funds shall comply with 24 CFR 85.36(b)(3), and non-profit subgrantees shall comply with 24 CFR 84.42. B. ORGANIZATION covenants that neither it nor any member of its governing body presently has any in- terest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. ORGANIZATION further covenants that in the perfor- mance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appear- ance 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 C1TY 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 in- Page 10 of 16 terest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15. NEPOTISM ORGANIZATION shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by ORGANIZATION, or is a member of ORGANIZATION'S governing board, The term "member of immediate family" includes; wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister, l6. NOTICE Any notice or other written instrument 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 Denton County Friends of the Family ATTN: Executive Director P. O. Box 640 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 17. MiSCELLANEOUS A. ORGANIZATION shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B, If any provision of this Agreement is he]d to be invalid, illegal, or unenforceable, the remaining provi- sions shall remain in full force and effect and continue to conform to the original intent of both parties hereto, C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to in- sist in any one or more instances upon the terms and conditions of this Agreement constitute or be con- strued in any way to be a waiver by CITY of any breach of covenant or default which may then or subse- quently be committed by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereun- der, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D, This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement be- tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other commit- ment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment ofthis Agreement. Page 11 of 16 E. In the event any disagrcemcnt or dispute shouid arise between the parties hereto pertaining to the interpre- tation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regula- tions, C1TY as the party ultimately responsible to HUD for matters of compliance, will have the final au- thority to render or to secure an interpretation. This Agreement shal I 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 Coun- ty, Texas. N�r "'� �1,� �� 'HEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the �� cl w� tr ��.,201�. � � CITY OF UF.N'I'UN, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ��" �..ww �,.. `�� W��" � ��` ��.�.� �� _�.....__.��'�._.._��:_:� s�...... ....:.. ��..��r. �� ,.�°°�"�� ..�,^ ��ai�'P"�� "�t�,�..,'�"F�S, �:;��..�°� 5��"��"C"�5�� ,� k��' � . ��,,��.__,�. . .� . _ ��_ �� .�,; ��.�...... � . a'� �'"� '��JED AS TO LEGAL FORM' �i�q`�"�. q3�1�.��5�, �;�"�"� t�"A"°�'��.�1�� .� � ...... �� '� � �� .,v � , � f3 Y ,�mr��... ..... .. �� _ �,�, � �. �.,�:"� ,_. . .... '�W , � IL�pvi`�!"a"�:�i� �'C�VJhf"C°1( q�9t�a�PJ�� D�� "q`l-�� f°�n�Dp.��'' �� } �� 4 �� ,.� � �,� � ,. � � ,� '�, � � � � � � �� ' ��"� ��""��"��°��"� �_ �'" °� _ ..e � EXI�. . C°��`�xEDI�� °8'.� � �m. m� ATTEST: �� , �� d� � � �'3� `. . : � ro., �� "._.-�� - .... ..�..— ....�.......... �., BOARD ��:;�,,��I °�`A9��V' p'�� 2�w6`��i EXHIB�T A WORK STATEMENT The primary outcome for Emergency Solutions Grant (ESG) funds and the Emergency Shelter Grant Program (ESGP) is to prevent and end homelessness. This program is designed to improve administrative efficiency and enhance response coordination and effectiveness in addressing the needs of homeless persons and broaden exist- ing services. ORGANIZATION is required to read and follow the Department of Housing and Urban Development (HUD) the most current ESG guidelines as issued by the Department of Housing and Urban Development as set forth in the Interim Regulations for Homeless Emergency Assistance and Rapid Transition to Housing 24 CFR Parts § 91 and § 576 (Consolidated Plan Conforming Amendments and Emergency Solutions Grants Program), ORGANIZATION is required to read and follow the Cost Principles set forth applicable. ESG guidelines are also provided from the Texas Department of Housing and Community Affairs (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 ESG funds may be used to deliver services in any of five program components. To be eligible, agencies will en- sure that all households meet the homelessness or at-risk of liomelessness deiinition applicable to the cornponent along with the minimum eligibility requirei��ents to receive services. ORGANIZATION will be eligible to deliver services in the category listed below. F.,mergency Shelters ,js delined in 24 C.F.R. § 576.102 The purpose oi' CSG emergency shelte;rs is ro provide c.ssential services to sheltered horneless persons. Essential services can �iddress the iminediate needs of homeless persons living on the street, in emergency shelter or in transitional housing, and can help enable homeless persons become more independent. • Case Management • Child Care • Education Services • Employment Assistance and Job Training • Outpatient Health Services • Legal Services • Life Skills Training • Mental Health Services • Substance Abuse Treatment Services • Transportation • Services for Special Populations . Shelter Homeless Management lnformation 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 re- quired to participate to the CoC's HMIS except as prohibited by law. HMIS participation must comply with HUD standards on participation, data collection and reporting to HMIS Lead as participation ensures more effi- cient collaboration and coordination of services, Service to participants includes: • Contributing Data to the HMIS or comparable database Page 13 of 16 Administrative Costs as defined in 24 C.F.R. § 576.108 Recipients may use a share of the 3.5% of the ESG grant for the payment of administrative costs related to plan- ning and execution of ESG activities. General Management o Salaries o Travel Costs for Monitorin� o Administrative Services o Cost of eoods and services for administration Training (HUD Sponsored) PERFORMANCE AND OUTCOMES Performance measures and outcomes will be established by the Texas Department of Housing and Communi- ty Affairs (TDHCA). ORGANIZATION will make every effort to meet all performance and outcomes 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 14 of 16 EXHIBIT S ALLOWABLE EXPENSES/MATCH Emer�encv Shelter �134,041.00 ESSENTIAL SERVICES SHELTER OPERATIONS Homelessness Mana�ement Information Svstem (HMIS) $ 2,000.00 Administrative Costs S 4,072.00 TOTAL BUDGET PROJECT MATCH Nr�Ba�L'��:� ��l�li ��w��a.t':� �" f�t��ae• F"�t�ti:ra°�al 1��.��t�� t�rt�; ��'w'''C l+w�racl�; �` Local 4::a��'t Funds $ �'��iv�t� �"�;in�.l� �_ -� ��. — _. _� ��t;l��.r�� TOTAL MATCH $ 140,113.00 0.00 0.00 0.00 0.00 141,115.00 0.00 $ 141,115.00 EXHIBIT C Texas Department of Housing and Community Affairs Contract with the City of Denton Contract: NEED TO ADD FY 2014 Emergency Solutions Grants (ESG) Program Contract Term; ] 0/1/2015-9/30/2016 Agency: City of Denton Page 16 of 16 2015-16 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 ofDenton, Texas, a home rule municipal corpora- tion, 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 Solutions Grant Program (ESG) Award under the Department of Housing and Urban Devel- opment (HUD) Award ofthe McKinney-Vento Homeless Assistance Act in 24 CFR Part 576 and the Home- less 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 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 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 conditions: A. A sum not to exceed One Hundred and Fifty-three Thousand, Five Hundred Seventy- Three Dollars ($153 , 573 . 00 ) may be paid to ORGANIZATION by CITY on a reimbursement ba- sis, 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 between the CITY and TDHCA, hereinafter referred to as "TDHCA Contract", The only expenditures reimbursed from these funds shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. ORGANIZATION shall not utilize these funds for any oth- er purpose. Page 1 of 16 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 gener- ally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. C. ORGANIZATION will permit authorized offcials of CITY to review its books at any time. D. ORGANIZATION will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's Community Development Division along with any amendments, additions, or revisions whenever adopted. 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 er- rors 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 re- quested. H. ORGANIZATION will establish a method to ensure the confidentiality of records and other information relat- ing 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 fnancial statements. K. ORGANIZATION will implement and carry out procurement policies that are in accordance with those pro- curement policies carried out by CITY and required by TDHCA under any and all published Rules and Regu- lations 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 of the TDHCA Contract, including, without limitation, all the requirements and federal and state law, rules, regulations, and guidelines, and all the re- quirements of the TDHCA Contract, a true and correct copy of which is attached to this Agreement as Exhibit C and made a part of this Agreement for all purposes. In particular, ORGANIZATION agrees to do the fol- lowing: 1. Adhere to federal and state law, rules, regulations, and guidelines provided by TDHCA 2. Comply with the provisions of the ESG as published in the Catalog of Federal Domestic Assistance (CFDA) (hereinafter referred to as "ESG Regulations") and all future amendments and revisions 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, statutes, 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 requirements as applicable and shall ensure that the ESG As- sisted Persons/Units comply in all respects with the ESG Regulations. 3. Comply with Title VI ofthe Civil Rights Act of 1964 (Public Law 88-352), Section 504 ofthe Rehabilita- tion 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 de- nied, any aid, care, service, or other benefts provided by federal and/or state funding, or otherwise be subjected to discrimination. Page 2 of 16 4. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employ- ment 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 ORGANIZATION and CITY. 5. Comply with Health and Safety Code §85.113 (relating to workplace and confidentiality guidelines re- garding AIDS and HIV). 6. 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. 7, 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`h 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.). 8. 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 availa- ble to CITY or TDHCA upon request. 9. 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 rec- ords required to be kept under this Agreement. 10. 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. 11. 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, question- naires, or interviews. 12. Participate fully in any evaluation study of this program authorized by TDHCA or CITY. 13. 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 ac- cordance with the TDHCA Contract. 14. Submit billings for services, program reports, performance and fnancial status reports as required by TDHCA to the CITY by dates required by Community Development. a. Non-receipt of the required billing and statistical documentation by this date will be considered fail- ure to comply with the Agreement. Failure to comply is valid justification for immediate termination of this Agreement and/or nonpayment of the billings or any portion of the billings that are not re- ceived within the specified time limit. 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. 15. 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 (2 CFR §200) Uni- form Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards and the TDHCA Contract. ORGANIZATION shal] 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, Page 3 of 16 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 sha(1 continue as long as ORGANIZATION retains the records, ORGANIZATION shall maintain such records in an accessi- ble location. 16. Maintain and keep financial and supporting documents, statistical records, and other records pertinent to the services for which a claim was submitted. The records and documents will be kept for a mini- mum of five (5) years after the termination of the Agreement. If any litigation, claim, or audit involv- ing these records begins before the 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 agreement is entered into between TDHCA, CITY and ORGANIZATION, ORGANIZATION will keep records of nonexpendable property acquired under the Agreement for five (5) years after final disposition of the property, 17. Notify TDHCA and CITY immediately of any significant change affecting the ORGANIZATION and ORGANIZATION'S identity, such as ownership or control, name change, governing board membership, vendor identification number, and personnel changes affecting the contracted services. Changes must be provided in writing to TDHCA and CITY within 10 working days after the changes are effective. 18. 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. 19. Not use funding under this Agreement to influence the outcome of elections or the passage or defeat of any legislative measures. 3. TIME OF PERFORMANCE The services funded by CITY shall be undertaken and completed by ORGANIZATION within the following time frame: October 1, 2015 through September 30, 2016, 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-three Thousand, Five Hundred Seventy- Three Dollars ($153 , 573 . 00) 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 projec- tion of monthly expenditures with reconciliation at the end of the month. Documentation of expenditures must be submitted to the Community Development Division by dates required by Community Develop- ment. 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 specifcally in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. Page 4 of 16 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 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 sufficient time to permit a thorough review by CITY. ORGANIZATION must obtain written approv- al 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 Agree- ment. D. Excess Payment. ORGANIZATION shall refund to CITY within ten (10) working days of CITY's re- quest, any sum of money which has been paid by CITY and which CITY at any time thereafter deter- mines: 1. has resulted in overpayment to ORGANIZATION; or 2. has not been spent strictly in accordance with the terms of this Agreement; or 3. is not supported by adequate documentation to fully justify the expenditure. E. Disallowed Costs/ Reversion of Assets. Upon terminated of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Development, Texas Department of Housing and Community Affairs, or any other Federal or state agency, ORGANIZATION will refund such amount to CITY within ten working days of a written notice to ORGANIZATION, which specifies the amount disallowed. If CITY finds that ORGANIZATION is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by ORGANIZATION, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to ORGANIZATION to revert these financial assets. The reversion 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 pro- vision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. In the event that actual expenditures devi- ate from ORGANIZATION'S provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. G. Contract Close Out. ORGANIZATION shall submit the contract close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract peri- od. ORGANIZATION shall utilize the form agreed upon by CITY and ORGANIZATION. Page 5 of 16 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 pro- vided as a result of this Agreement, and payments from clients or third parties for services rendered by ORGANIZATION under this Agreement. B. ORGANIZATION shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and ORGANIZATION agree that any fees collected for services performed by ORGANIZATION shall be spent only for service provision. These fees or other program income will be deducted from the regular payment request. C. ORGANIZATION shall include this Section in its entirety in all of its sub-contracts, which involve other income-producing services or activities. D. It is the ORGANIZATION'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes pro- gram income. ORGANIZATION is responsible to CITY for the repayment of any and all amounts deter- mined by CITY to be program income, unless otherwise approved in writing by CITY. 6. EVALUATION ORGANIZATION agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. ORGANIZATION agrees to make available its financial records for review by CITY at CITY's discretion. In addition, ORGANIZATION agrees to provide CITY the following data and reports, or copies 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 un- der this Agreement. ORGANIZATION'S record system shall contain suffcient documentation to pro- vide 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 un- der this Agreement. Page 6 of 16 7. DIRECTORS' MEETINGS During the term of this Agreement, ORGANIZATION shall deliver to CITY copies of all notices of ineetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. ORGANIZATION understands and agrees that CITY's representatives shall be afforded access to all meetings of its governing body. 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, agreements, or guarantees of this Agreement, the ORGANIZATION'S insolvency or filing of bankruptcy, dissolution, or receivership, or the ORGANIZATION'S violation of any law or regulation to which it is bound under the terms of this Agreement. B, This agreement is subject to cancellation, either in whole or in part, and on the availability of state and/or federal funds. If funds for the agreement become unavailable during any budget period, and TDHCA is unable to obtain additional funds, then this agreement will be terminated or reduced. Termination under this section shall not subject TDHCA to a penalty or other claims. C. The CITY may terminate this Agreement for convenience at any time. 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 compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of ORGANIZATION covered by the Agreement, less payments previously made. In case of suspension, CITY shall advise ORGANIZATION, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, ORGANIZATION will remit to CITY any unexpended CITY funds. Acceptance of these funds shall not constitute a waiver of any claim CITY may otherwise have arising out of this Agreement. 9. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. ORGANIZATION will be in compliance with the Equal Employment and Affirmative Action Federal provisions. B. ORGANIZATION shall comply with all applicable equal employment opportunity and affirmative action laws or regulations, C. ORGANIZATION will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Sec- tion 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. These provide, in part, that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service, or other benefits provided by federal and/or state fund- ing, or otherwise be subjected to discrimination. Page 7 of 16 D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employ- ment 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 offense involving public indecency under the Texas Penal Code as amended, or an offense under the Tex- as Controlled Substances Act, Tex. Rev. Civ. Stat. Ann, Art. 4476-15 as amended. This verification and disclosure will be required of all who have direct contact clients. I. ORGANIZATION will furnish all information and reports reGuested by CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. J. In the event of ORGANIZATION'S non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and ORGANIZATION may be barred from further contracts with CITY. 10. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial conditions of ORGANIZATION on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of ORGANIZATION. C. No litigation or legal proceedings are presently pending or threatened against ORGANIZATION. D. None of the provisions herein contravenes or is in conflict with the authority under which ORGANIZATION is doing business or with the provisions of any existing indenture or agreement of ORGANIZATION. E. ORGANIZATION has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions 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. Page 8 of 16 Each of these representations and warranties shall be continuing and shall be deemed to have been repeat- ed by the submission of each request for payment. 11. CHANGES AND AMENDMENTS A. Any alterations, additions, or de]etions to the terms of this Agreement shall be by written amendment ex- ecuted by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. ORGANIZATION may not make transfers between or among approved line-items within budget catego- ries set forth in Exhibit B without prior written approval of the CommuniTy Development Administrator for the CITY. ORGANIZATION shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. ORGANIZATION will submit revised budget and program information, whenever the level of funding for ORGANIZATION or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regula- tions pursuant hereto may occur during the term 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. C1TY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of ORGANIZATION'S compensation, Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall re- quire the prior written approval of CITY. G. ORGANIZATION agrees to notify CITY of any proposed change in physica] 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 hereunder nor the transfer of funds between or among said programs will be permitted. 12. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with ORGANIZATION as an independent contractor and that as such, ORGANIZATION shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any char- acter 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, Page 9 of 16 losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents or employees. 13. INSURANCE A. ORGANIZATION shall observe sound business practices with respect to providing such bonding and in- surance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, the employees conduct- ing these activities, shall be covered by premise liability insurance, commonly referred to as "Own- er/Tenant" coverage with CITY named as an additional insured. Upon request of ORGANIZATION, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. ORGANIZATION will comply with applicable workers' compensation statutes and will obtain employ- ers' liability coverage where available and other appropriate liability coverage for program participants, 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 must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in ORGANIZATION'S 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. B. ORGANIZATION covenants that neither it nor any member of its governing body presently has any in- terest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. ORGANIZATION further covenants that in the perfor- mance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. C. ORGANIZATION further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appear- ance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. D. No officer, member, or employee of CITY and no member of its governing body who exercises any func- tion or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the in- Page 10 of 16 terest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15. NEPOTISM ORGANIZATION shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by ORGANIZATION, or is a member of ORGANIZATION' S governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 16. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this 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 Giving Hope, Inc. ATT'N; 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 address 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 pariy or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provi- sions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to ORGANIZATION hereunder, or any other act or failure of CITY to in- sist in any one or more instances upon the terms and conditions of this Agreement constitute or be con- strued in any way to be a waiver by CITY of any breach of covenant or default which may then or subse- quently be committed by ORGANIZATION. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereun- der, which rights, powers, privileges, or remedies are always specifically preserved, No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement be- tween the parties hereto, and any prior agreement, assertion, statement, understanding, or other commit- ment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. Page 11 of 16 E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpre- tation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regula- tions, CITY as the party ultimately responsible to HUD for matters of compliance, will have the ftnal au- thority to render or to secure an interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton Coun- ty, Texas. ] T Nl:�� -�1 ��1?��, the parties do hereby affix their signatures and enter into this Agreement as of the a � day � � � 201�'" � CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER �� "� �� ,� � �„�� „�� BY��.�,,�, ��,. � ,� .�W�..,,.� ,�,��m� ...a. ATTEST: JENNIFER WALTERS, CITY SECRETARY �. BY: � �� m�.� �� v _�......e, �. dll�'�`R(;' �� AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY B Y �� ''"� ��. �� " � ......��... �....a �"� ...� . �'� GIVING HOPE, INC. �� -;i r t� ,��, � �� 1 , BY ` �,s� � x � � y� ., C..� F. �� 1 J� 1�°.. � l l� �:C GCv➢l� ...��... _ ......�.�.._ . � ��.�, ATTEST: � �%M 7` p ,� f � "� � ��.� � � � ,� � � � ` �r �,��'� �� ,. � � � � �� BY � ._�� _.-�,, .�'� � � ...�_��.� .��. I3(J11��.1.� SECRETARY ,. �;;��" Page 12 of 16 ': �� The primary autcome far Emergency Solutions Grant (ESG) funds and the Emergency Shelter Grant Program (ESGP) is to prevent and end homelessness. This pragram is designed to improve administrative efficiency and enhance respanse coardinatian and effectiveness in addressing the needs af homeless persons and broaden exist- ing services. ORGANIZATION is required to read and follow the Department of Hausing and Urban Development (HUD) the most current ESG guidelines as issued by the Department of Hausing and Urban Develapment as set forth in the Interim Regulations far Hameless Emergency Assistance and Rapid Transition to Housing 24 CFR Parts § 91 and § 576 (Consolidated Plan Conforming Amendments and Emergency Solutions Grants Program). ORGANIZATTON is required to read and follow the Cast Principles set farth applicable, ESG guidelines are alsa provided from the Texas Department of Housing and Community Affairs (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 ESG funds rnay be used to deliver services in any of five program components. To be eligible, agencies will en- sure that al I I�ouseholds meet the homelessness or at-risk of homelessness detinition applicable to the companent along with the minimum eGgibilitiy requirements to receive services. ORGANIZATION will be eligible to deliver services in the category listed below. Street Outi•eacl' as defined in 24 C.F.R. 57fi.101 'f'h� purpose of }�SU Street Oulreach is ta pravide essential services to unsheltered homeless persans,. • Outreach & Engagement • C;ase Management • Emergency Health Services • F;mergency Mental I-Icalth Services • Transportatian • Services for Special Populations Homeless Prevention as defined in 24 C.F.R. § 576.103 The purpose of �SG Street Outreach is ta prevent a household from being evicted and becoming homeless. A�;en- cies must assess and document that Che household would bccome homeless (per ihe definition above) baitfor the GSG assistance. ln other wor•ds, a household would require emergency shelter or would otherwise become literally homeless in the absence of ESG assistance. l{omelessness Prevention assistance must be provided in accordance with the housing relocatian and stabiliration services requirements in � 576.105, the shart- and medium-term rental assistance requiremcnts in § 576.106, and the written standards and procedures established under,��' S76,400. • Financial Assistance Services I-iausin� Searcl� & Placement Housin� Stabilitv Case Mana e�nt Mediation Le�al Services Credit Freuair Short- and Medium-Term Tenant Based Rental Assistance may be provided with up to 25 months of rental Page 13 af 16 assistance during any 3-year period Rapid Re-Housing as defined in 24 C.F.R. § 576.104 The purpose of ESG Street Outreach is to prevent a household from being evicted and becoming homeless. Agen- cie.s must assess and document that Che household would become homeless (per the definition above) but�or the ESG assistance. In other wor•ds, a household would reyuire emergency shelter or would otherwise become literally homeless in the absence of ESG assistance. Homelessness Prevention assistance must be provided in accordance with the housing relocation and stabilization services requirements in § 576.105, the short- and medium-term rental assisYance requirements in § 576.106, and the written standards and procedures established under� 576.400. • Financial Assistance • Services Housing Search & Placement }lousin� Stabilitv Case Mana�ement Med iation C..,e�;al Services Credit Re�air • Short- and Medium-Term Tenant Based Rental Assistance may be provided with up to 25 months of rental assistance during any 3-year period Homeless Management Information System (HMIS) as defined in 24 C.F.R. § 576.107 ESG funding provides for Access and maintenance of HMIS System. All agencies receiving ESG funds are re- quired to participate to the CoC's HMIS except as prohibited by law. HMIS participation must comply with HUD standards on participation, data collection and reporting to HMIS Lead as participation ensures more effi- cient collaboration and coordination of services. Service to participants includes: • Contributing Data to the HMIS or comparable database Administrative Costs as defined in 24 C.F.R. § 576.108 Recipients may use a share of the 3.5% of the ESG grant for the payment of administrative costs related to plan- ning and execution of ESG activities. General Management o Salaries o Travel� Costs for Monitorin� o Administrative Services o Cost of g ��"�� oods and services for administration Training (HUD Sponsored) PERFORMANCE AND OUTCOMES Performance measures and outcomes will be established by the Texas Department of Housing and Communi- ty Affairs (TDHCA). ORGANIZATION will make every effort to meet all performance and outcomes 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 14 of 16 EXHIBIT B ALLOWABLE EXPENSES/MATCH �a��C Q�r�ti�cM�alt �� 10,000.00 ��r��w�as��;� �'rry��WM�tia�M� � 32,764.00 HOUSING RELOCATION & STABILIZATION SERVICES TENANT BASED RENTAL ASSISTANCE Raaid Re-Housing $ 96,304.00 HOUSING RELOCATION & STABILIZATION FINANCIAL HOUSING RELOCATION & STABILIZATION SERVICES TENANT BASED RENTAL ASSISTANCE Homelessness Mana�ement Information Svstem (HMISI $ 10,000.00 ,�+��w�x�ra��;l�°d��i�u� C;°c�s�;�, � TOTAL BUDGET PROJECT MATCH �l's��rr-Is�� I��M.I 'I+��wrtl±� � d:�tiN��M° I�'a�cl��•�l F"��w�aN±; :� �;t'�t�cw ��v"l ��"x�r��l� � i.ecscrr� �xovPot �sr�'��V�s "� i'��w�srt� �"�:ara��:� _�:� +C}ttra r° �^ TOTAL MATCH 4,505.00 $ 153,573.00 47,000.00 20,000.00 0.00 0.00 86,573.00 0.00 $ 153,573.00 EXHIBIT C Texas Department of Housing and Community Affairs Contract with the City of Denton Contract: NEED TO ADD FY 2014 Emergency Solutions Grants (ESG) Program Contract Term: 10/1/2015-9/30/2016 Agency: City of Denton Page 16 of 16 ��-�r�i� �+, E '�' ��; �I�� ;E ➢� `�' � � �� "�' S ��1T� �� "�" � �� The Service Agreement between the City of Denton, Texas and Christian Community Action, for the term of October 1, 2015 through September 30, 2016 signed January 27, 2016 (the "Service Agreement"} and approved by Ordinance No. 2015-014 is hereby changed decrease City funding for Homelessness Prevention Tenant Based Rental Assistance; by the amount of $20,000 (the "Change Order Funds"). The Change Order Funds shall be used far the same public purposes and administered in the same manner specified in the Service Agreement. . • � Christian Community Action By: � Title: --�.�' �� Date: � r� � � ,y �� ;�rr� #z .;,,.�'� ��""� $� €� �-..,. : �.��e. �" �„—�.� George C. Campbell City Manager Date: � � � , ,� w,.. �� . �� ' �' y. s B a �_r � ��— a. �_.�� _ ,�f`e��a��.�Burgess ��~t City Attorney Date: �� r'�,�`� - - r; r � � � � ,, � � � Homelessness Prevention _ $ 139,725.00 HOUSING RELOCATION & STABILIZATION FINANCIAL HOUSING RELOCATION & STABILIZATION SERVICES TENANT BASED RENTAL ASSISTANCE The Change Order Funds March 14, 2016 -$20,000.00 �-lr�t��1�e��c�� ,�r�a �n��nt �a�f��t•i�7�ti�n Sv�t�a� x�P'V�I� _ $ 5,775.00 Administrative Cra�t� __ _$ 4,500.00 TOTAL ORIGINAL BUDGET Change Order Funds '' '! 1 i �,' 1 I, I' ' � $ 150,000.00 �� O'000.00 Non-ESG HUD �� r��4 $ 0.00 Other �+ecic��l F'�n�c � 0.00 State Gov't Funds $ 0.00 I��r��l Gov't Funds � 0.00 -- Priyatg Fnnrlc $ IS��.�� .,.�.�,. Other _ $ 0.00 � . I I1I II ��;��?�� . �. �;�. "�"� ��?"�� fi�I�.��'�' S�I��;�f��:��'� ��.:�,��`��a � .��"� �� - - - � . _ _ �. __ - � �- '� - . . � � rr- � ' _ . � � •�• 1 • �' -�,- .- 1 1 � � -� , , 1 • - - - � . -- - . � .�• � -� r � � . - • 1 1 � - -� , �-� � -, - � + �,; • ' • C;. -� ' - � r � r '� 1 111 . �- • a- � +- • �- r •; -c � � �' � �• - r .� -� �- -r - - � �- � � � Giving HOPE, Inc. ,� '�"��{w.� ff��«,w�,,y �� B � y• , . .a �, , � 4.�� _. Tltle. � �;� 4��t,.�+"L�� , � �,��;'" �:,. �� _ �� <N5�°". Date: °� � �' `,�`��,��` �;� > . __ � �P ��.� ,, � �.�� ..�� y �� E'p' �" � � � ��,�� George C. ��°��k�cl� City Manager Date:��''`�'`� .� � � � . . ... � . � BY� � � � � n._..._�nnnnnn. �� ':.��. Burgess City Attorney � Date: :� , �� ,� �—� . ,: . . � '' ' , :Y��ITf �T�'i1 $ 10,000.00 Homelessness Prevention $ 32,764.00 HOUSING RELOCATION & STABILIZATION SERVICES TENANT BASED RENTAL ASSISTANCE The Change Order Funds March 14, 2016 $ 20,000.00 Rapid Re-Housing $ 96,304.00 HOUSING RELOCATION & STABILIZATION FINANCIAL HOUSING RELOCATION & STABILIZATION SERVICES TENANT BASED RENTAL ASSISTANCE Homelessness ManaEement Information Svstem (HMIS) ________ $ 10,000.00 Administrative Costs $ 4,505.00 TOTAL ORIGINAL BUDGET $ 153,573.00 Change Order Funds $ 20,000.00 $ 173,573.00 Non-ESG HUD Funds � Other Federal Funds $ State Gov't Funds $ Local Gov't Funds � Private Funds $ Other $ 47,000.00 20,000.00 0.00 0.00 86,573.00 0.00 TOTAL MATCH $ 153,573.00