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WHEIZEA�, the City Council of the Ciiy of Denton finds tha� nonprofit facilities within the City
limits contributes to a stronger economy and better qualiiy of li% for residents; and
EREAS, the City of D�nton re�ognizes the need to support nonprofit s�rvice delivery; and
WHEIZEAS, the City of l�enton recognizes thai financial support of nonprofit organizations
serves a public pu ose; and
E AS, CITY anticipates adopting a budget for ih� 2019-20 fiscal y�ar for such funds and
included therein an authorized budget for expenditure of funds for enhance ents to AGENCY's
emergency sh�lter services; and
EREAS, CITY has designa�ed th� Community Develop ent ivision as the division
responsibie for the administration of this Agreement and all matters pertaining thereto; NOW
THEREFORE,
C �
SECTION l. The findings and r�citations contained in ihe prea ble of ihis Ordinanee
are incorporated h�rein by referenc�.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agr�ement with 1Vlonsignor King Outreach Center and to carry out the duties anc�
responsibilities of the City under the agreement, including the expenditure of funds as provided
fortherein.
SECTIOIV 3. This Ordinance shall beco e eff�ctive i mediately upon its passage and
...............�....�.�...........................
approval.
bhe otio�..� � ,;�� �' ��"��'�'�'� . �1��� t�r��dr�� d��:,� ����� ���:����i �.r.���i �� a �t'��°v�� �,�:�sa�'��.i��
n to �z���:��c�rt�; this ordinance was �t����i'�. k�� � �` �" �`, �` d �� ��`�� � � �����
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Y .... ......... � ------ n�n�� I�° � � � .
following vote � ��" - _�_�:
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
PASSED AND APPROVED this the _�_�,��� _=__ day of �������"��,���� ���"�� __� 2019.
ATTEST:
ROSA RIOS, CITY SECRETARY
:
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�"� 11��"��JATTS, MA��I.:�R
APPROVED AS TO LEGAL FORM:
AAR --- - -- - - - --- -
:
AGREEMENT BETWEEN THE CITY OF DENTON
AND MONSIGNOR KING OUTREACH CENTER
This Agreement is made and entered into by and between the City of Denton, a Texas
home-rule municipal corporation, hereinafter referred to as CITY, acting by and through
its City Manager, pursuant to Ordinance 19-�, and the Monsignor King Outreach
Center (MKOC), 300 S Woodrow Ln, Denton, TX 76205, a Texas non-profit corporation,
hereinafter referred to as AGENCY.
WHEREAS, the City Council of the City of Denton, finds that nonprofit facilities within the
City limits contributes to a stronger economy and better quality of life for residents; and
WHEREAS, the City of Denton recognizes the need to support nonprofit service delivery;
and
WHEREAS, the City of Denton recognizes that financial support of nonprofit organizations
serves a public purpose; and
WHEREAS, CITY has adopted a budget for such funds and included therein an
authorized budget for expenditure of funds for AGENCY's emergency shelter facility and
Right of Return Program; and
WHEREAS, CITY has designated the Community Development Division as the division
responsible for the administration of this Agreement and all matters pertaining thereto;
and
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound,
to the mutual obligations and to the performance and accomplishment of the conditions
hereinafter described.
1. TERM
This Agreement shall commence on or as of October 1, 2019, and shall terminate on
September 30, 2021, unless sooner terminated because funding is no longer available or
in accordance with Section 25 "Termination." The City shall have the right, but not the
obligation, to extend the term of this agreement for three (3) additional one-year periods.
2. RESPONSIBILITIES
AGENCY hereby accepts the responsibility for the perFormance of all services and
activities described in the Goals and Objectives attached hereto as EXHIBIT A, and
incorporated herein by reference, in a satisfactory and efficient manner as determined by
CITY, in accordance with the terms herein. CITY will consider AGENCY's executive
officer to be AGENCY's representative responsible for the management of all contractual
matters pertaining hereto, unless written notification to the contrary is received from
AGENCY and approved by CITY.
The CITY's Community Development Manager will be CITY's representative responsible
for the administration of this Agreement.
AGENCY certifies that the activities carried out with CITY funds shall benefit people
experiencing homelessness.
3. OBLIGATIONS
A. Limit of Liability. CITY will fund AGENCY for expenses incurred pursuant to and in
accordance with the PROGRAM BUDGET attached hereto as EXHIBIT C and the
GOALS AND OBJECTIVES herein attached as EXHIBIT A; both incorporated herein
by reference. Notwithstanding any other provision of the Agreement, the total of all
payments and other obligations made or incurred by CITY hereunder shall not exceed
the sum of Four Hundred Thousand Dollars ($400,000.00) annually.
B. Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by AGENCY and receipt of a requisition for payment with appropriate
documentation of expenditures, CITY shall make payments to AGENCY based on the
PROGRAM BUDGET in EXHIBIT C, subject to the limitations and provisions set forth
in this Section and Section 7 of this Agreement.
(1) The parties expressly understand and agree that the CITY's obligations under this
Section are contingent upon the actual receipt of adequate funds to meet CITY's
liabilities under this Agreement. If adequate funds are not available or appropriated
to make payments under this Agreement, CITY shall notify AGENCY in writing
within a reasonable time after such fact has been determined. CITY may, at its
option, either reduce the amount of its liability, as specified in Subsection A of this
Section, or terminate the Agreement.
(2) It is expressly understood that this Agreement in no way obligates the CITY to
provide more funds than the amount shown in subsection A above.
(3) CITY shall not be liable for any cost or portion thereof which:
(a) has been paid, reimbursed, or is subject to payment or reimbursement, from
any other source;
(b) was incurred prior to the beginning date or after the ending date specified
in Section 1;
(c) is not in strict accordance with the terms of this Agreement, including all
Attachments hereto;
(d) has not been billed to CITY within 90 calendar days following billing to
AGENCY, or termination of the Agreement, whichever date is earlier; or
(e) is not an allowable cost as defined by Section 10 of this Agreement or the
Program Budget.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect
to any activity of AGENCY requiring prior written authorization from CITY, or after
CITY has requested that AGENCY furnish data concerning such action prior to
proceeding further, unless and until CITY advises AGENCY to proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than
AGENCY for payment of any monies or provision of any goods or services.
Page 2
(6) Funding not expended within the period of the Agreement will revert to the City of
Denton budget for use on alternative projects.
C. AGENCY'S Obligations. In consideration of the receipt of funds from the CITY, the
AGENCY agrees to the following terms and conditions:
(1) Four Hundred Thousand Dollars ($400,000.00) annually may be paid to AGENCY
by CITY, and the only expenditures from these funds shall be those in accordance
with the PROGRAM BUDGET, EXHIBIT C, for those expenses listed in the
GOALS AND OBJECTIVES herein attached as EXHIBIT A. AGENCY shall not
utilize these funds for any other purpose.
(2) AGENCY will establish, operate, and maintain an account system for these funds
that will allow for tracking of funds and a review of the financial status of the project.
The system will be based on Generally Accepted Accounting Principles.
(3) AGENCY will permit authorized CITY officials to review its books at any time.
(4) AGENCY will reduce to writing all of its rules, regulations, and policies and file a
copy with CITY's Community Development Office along with any amendments,
additions, or revisions upon reasonable request.
(5) AGENCY will not enter into any contracts that would encumber CITY funds for a
period that would extend beyond the term of this Agreement.
(6) AGENCY will promptly pay all bills when submitted unless there is a discrepancy
in a bill; any errors or discrepancies in bills shall be promptly reported to CITY's
Community Development Division for further direction.
(7) AGENCY will appoint a representative who will be available to meet with CITY
officials when reasonably requested.
(8) AGENCY will indemnify and hold harmless CITY, its officers, and employees, from
any and all claims and suits arising out of the project or activities of AGENCY, its
employees, or contractors.
(9) AGENCY will submit to CITY copies of year-end audited financial statements.
D. CITY's Rights and Responsibilities. Nothing herein should be construed to authorize
or permit the CITY or CITY representatives, CITY officials, or CITY employees to
exercise control, management, or make operational decisions regarding AGENCY,
shelter operations, or AGENCY's employees, subcontractors, or volunteers.
AGENCY will report to the City Manager any instance of City representatives, City
officials, or City employees attempting to exercise control, management or make
operational decisions, or to otherwise influence the operation of AGENCY, AGENCY's
employees, subcontractors, or volunteers, or the shelter. Reports received by the City
Manager under this provision shall be handled in accordance with City Personnel
Policies if pertaining to employees; the City Manager will forward to the Mayor and
City Council any reports regarding non-employees.
4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
A. AGENCY assures and certifies that it will comply with all applicable federal laws, laws
of the State of Texas, and ordinances of the City of Denton.
B. AGENCY agrees to abide by the conditions of and comply with the requirements of 2
CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
Page 3
C. AGENCY shall give the CITY and any authorized representative, access to and the
right to reproduce all records belonging to or in use by AGENCY pertaining to this
Agreement. Such access shall continue as long as AGENCY retains the records.
AGENCY shall maintain such records in an accessible location.
D. AGENCY shall notify the CITY in writing of the qualifications of the subcontractor to
perform and meet the standards of this Agreement prior to subcontracting. All
subcontracts entered into by the AGENCY will be subject to the requirements of this
Agreement. The AGENCY agrees to be responsible to CITY for the perFormance of
any subcontractor.
5. REPRESENTATIONS
A. AGENCY assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate, and official motion, resolution, or action passed or taken, to
enter into this Agreement.
B. The person or persons signing and executing this Agreement on behalf of AGENCY
do hereby warrant and guarantee that he, she, or they have been fully authorized by
AGENCY to execute this Agreement on behalf of AGENCY and to validly and legally
bind AGENCY to all terms, performances, and provisions herein set forth.
C. CITY and AGENCY shall each have the right, to either temporarily suspend or
permanently terminate this Agreement if there is a dispute as to the legal authority of
either AGENCY or the person signing the Agreement to enter into this Agreement.
AGENCY is liable to CITY for any money it has received from CITY for perFormance
of the provisions of this Agreement if CITY has suspended or terminated this
Agreement for the reasons enumerated in this Section.
D. AGENCY agrees that the funds and resources provided to AGENCY under the terms
of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits
which would have been available to, or provided through, AGENCY had this
Agreement not been executed.
6. PERFORMANCE BY AGENCY
AGENCY will provide, oversee, administer, and carry out the activities and services set
out in the GOALS AND OBJECTIVES in EXHIBIT A, utilizing the funds described in
PROGRAM BUDGET in EXHIBIT C, that are necessary and sufficient for full and
satisfactory performance of the program and in accordance with all other terms,
provisions, and requirements of this Agreement.
7. PAYMENTS TO AGENCY
A. The CITY shall pay to the AGENCY a maximum amount of money not to exceed Four
Hundred Thousand Dollars ($400,000.00) annually for activities carried out under this
Agreement. CITY will pay these funds in quarterly installments to the AGENCY. For
installments after the first quarter, quarterly installment will be paid within twenty days
after CITY has received prior quarter supporting documentation of eligible
Page 4
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expenditures. Documentation of expenditures must be submitted to the CITY's
Community Development Division by dates required by EXHIBIT B REPORTING
REQUIREMENTS.
Funds are to be used for the purposes established in EXHIBIT A GOALS AND
OBJECTIVES.
Excess Payment. AGENCY shall refund to CITY within ten working days of CITY's
request, any sum of money which has been paid by CITY and which CITY at any time
thereafter determines:
(1) has resulted in overpayment to AGENCY; 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.
Disallowed Costs. Upon termination 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, AGENCY will refund such amount to
CITY within ten working days of a written notice to AGENCY, which specifies the
amount disallowed. Refunds of disallowed costs may not be made from these or any
funds received from or through CITY
Reversion of Assets. AGENCY, upon expiration of this Agreement, shall transfer to
the CITY any funds of City origin on hand at the time of expiration and any accounts
receivable attributable to the use of funds.
Obligation of Funds. In the event that actual expenditure rates deviate from
AGENCY's provision of a corresponding level of performance, as specified in EXHIBIT
A GOALS AND OBJECTIVES, CITY hereby reserves the right to reappropriate or
recapture any such under expended funds.
Contract Close Out. AGENCY shall submit a final expenditure report for the time
period covered by the last invoice requesting reimbursement of funds under this
Agreement within 15 working days following the close of the Agreement period.
AGENCY shall utilize the form agreed upon by CITY and AGENCY.
8. WARRANTIES
AGENCY represents and warrants that:
A. All information, reports, and data heretofore or hereafter requested by CITY and
furnished to CITY, are complete and accurate to the best of AGENCY's knowledge 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 to the best of AGENCY's knowledge complete, accurate, and fairly reflect
the financial condition of AGENCY on the date shown on said report, and the results
of the operation for the period covered by the report, and that since said date, there
has been no material change, adverse or otherwise, in the financial condition of
AGENCY.
C. No litigation
AGENCY.
or legal proceedings are presently pending or threatened against
Page 5
D. None of the provisions herein contravene or are in conflict with the authority under
which AGENCY is doing business or with the provisions of any existing agreement of
AGENCY.
E. AGENCY 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 AGENCY are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial
statements and/or other documents furnished by AGENCY to CITY.
G. Each of these representations and warranties shall be continuing and shall be deemed
to have been repeated by the submission of each request for payment.
9. COVENANTS
A. During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, AGENCY shall not, without the prior written consent
of the Community Development Manager or his/her authorized representative:
1. Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of AGENCY now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remain on, or attached to, any
assets of AGENCY which are allocated to the perFormance of this Agreement and
with respect to which CITY has ownership hereunder.
2. Sell, assign, pledge, transfer, or otherwise dispose of accounts receivables, notes,
or claims for money due or to become due.
3. Sell, convey, or lease all or substantial part of its assets.
4. Make any advance or loan to, or incur any liability for any other firm, person, entity,
or corporation as guarantor, surety, or accommodation endorser.
5. Sell, donate, loan, or transfer any equipment or item of personal property purchased
with funds paid to AGENCY by CITY, unless CITY authorizes such transfer.
B. CITY's consent as required in Section 9(A), above, shall not be unreasonably
withheld.
10. ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred directly and specifically in the
perFormance of and in compliance with this Agreement and in conformance with the
standards and provisions of EXHIBIT A GOALS AND OBJECTIVES, EXHIBIT B
REPORTING REQUIREMENTS, and EXHIBIT C PROGRAM BUDGET.
B. Prior written notification to the City is required in order for the following to be
C.
considered allowable costs:
(1) Any alternations, deletions, or additions to the program budget in EXHIBIT C
PROGRAM BUDGET.
(2) Any fees or payments for consultant services.
CITY funds shall not be used to pay for any contract service extending beyond the
expiration of this Agreement.
Page 6
11. PROGRAM INCOME
A. For purposes of this Agreement, Program Income means earnings of AGENCY
realized from activities resulting from this Agreement or from AGENCY's management
of funding provided or received hereunder. Such earnings include, but are not limited
to, 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 AGENCY provided as a result of this Agreement, and payments from
clients or third parties for services rendered by AGENCY under this Agreement.
B. AGENCY 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 for other funds. CITY and AGENCY agree that any fees
collected for services perFormed by AGENCY shall be used for payment of costs
associated with service provision. Revenue remaining after payment of all program
expenses for service provision shall be considered Program Income and shall be
subject to all the requirements of this Agreement.
C. AGENCY shall include this Section in its entirety in all of its contracts and subcontracts
which involve other income-producing services or activities.
D. It is AGENCY's responsibility to obtain from CITY a prior determination as to whether
or not income arising directly or indirectly from this Agreement, or the performance
thereof, constitutes Program Income. For purposes of this agreement, interest earned
on unexpended funds is not considered Program Income. AGENCY is responsible to
CITY for the repayment of any and all amounts determined by CITY to be Program
Income, unless otherwise approved in writing by CITY.
12. MAINTENANCE OF RECORDS
A. AGENCY agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in
compliance with the provisions of EXHIBIT A, EXHIBIT B, and EXHIBIT C, attached
hereto, and with any other applicable Federal and State regulations establishing
standards for financial management.
B. AGENCY's record system shall contain sufficient documentation to provide in detail
full support and justification for each expenditure. Nothing in this Section shall be
construed to relieve AGENCY of fiscal accountability and liability under any other
provision of this Agreement or any applicable law. AGENCY shall include the
substance of this provision in all subcontracts.
C. AGENCY agrees to retain all books, records, documents, reports, and written
accounting procedures pertaining to the operation of programs and expenditures of
funds under this Agreement for five years after the termination of all activities funded
under this agreement.
D. Nothing in the above subsections shall be construed to relieve AGENCY of
responsibility for retaining accurate and current records, which clearly reflect the level
and benefit of services provided under this Agreement.
E. At any reasonable time and as often as CITY may deem necessary, the AGENCY
shall make available to CITY, or any of their authorized representatives, all of its
Page 7
records and shall permit CITY, or any of their authorized representatives to audit,
examine, make excerpts and copies of such records, and to conduct audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions of
employment, and all other data requested by said representatives.
13. REPORTS AND INFORMATION
At such times and in such form as CITY may reasonably require, AGENCY shall furnish
such statements, records, data, and information as CITY may request and deem pertinent
to matters covered by this Agreement. Unless the CITY has granted a written exemption,
AGENCY shall annually submit an audit conducted by independent examiners in
accordance with Generally Accepted Accounting Principles.
14. MONITORING AND EVALUATION
A. CITY shall perform on-site monitoring of AGENCY's perFormances under this
Agreement upon reasonable notice to facility.
B. AGENCY agrees that CITY may carry out reasonable monitoring and evaluation
activities to ensure adherence by AGENCY to the EXHIBIT A GOALS AND
OBJECTIVES, EXHIBIT B REPORTING REQUIREMENTS, and EXHIBIT C
PROGRAM BUDGET, as well as other provisions of this Agreement.
C. AGENCY agrees to cooperate fully with CITY in the development, implementation,
and maintenance of record-keeping systems and to provide data determined by CITY
to be necessary for CITY to effectively fulfill its monitoring and evaluation
responsibilities.
D. AGENCY agrees to cooperate in such a way so as not to obstruct or delay CITY in
such monitoring and to designate one of its staff members to coordinate the monitoring
process as requested by CITY staff.
E. After each official on-site monitoring visit, CITY shall provide AGENCY with a written
report of monitoring findings, documenting findings and concerns that will require a
written response to the City. An acceptable response must be received by the City
within 60 days from the AGENCY's receipt of the monitoring report or audit review
letter. Future contract payments can be withheld for AGENCY's failure to submit a
response within 60 days.
F. AGENCY shall submit copies of any fiscal, management, or audit reports by any of
AGENCY's funding or regulatory bodies to CITY upon reasonable request.
15. DIRECTORS' MEETINGS
During the terms of this Agreement, AGENCY shall cause to be delivered 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. AGENCY
understands and agrees that CITY representatives shall be afforded access to all of the
Board of Directors' meetings. Minutes of all meetings of AGENCY's governing body shall
be available to CITY within ten days after Board approval.
Page 8
f � � ,
A. AGENCY shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered
under this Agreement.
B. The premises on and in which the activities described in EXHIBIT A are conducted,
and the employees conducting these activities, shall be covered by premise liability
insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as
an additional insured. Upon request of AGENCY, CITY may, at its sole discretion,
approve alternate insurance coverage arrangements.
C. AGENCY will comply with applicable workers' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage
for program participants, if applicable.
D. AGENCY will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by AGENCY. All employees of AGENCY 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 AGENCY's files.
E. Actual losses not covered by insurance as required by this Section are not allowable
costs under this Agreement and remain the sole responsibility of AGENCY.
F. The policy or policies of insurance shall contain a clause which requires that CITY and
AGENCY be notified in writing of any cancellation of change in the policy at least 30
days prior to such change or cancellation.
17.CIVIL RIGHTS / EQUAL OPPORTUNITY
A. AGENCY shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations. The AGENCY shall not discriminate against
any employee or applicant for employment because of race, color, creed, religion,
national origin, gender, age, or disability. The AGENCY will take affirmative action to
insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including
apprenticeship.
B. The AGENCY agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b),
Section 109 of Title 1 of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, and Executive Order
11063 and Executive Order 11246 as amended by Executive Orders 11375 and
12086.
Page 9
C. AGENCY will furnish all information and reports requested by the 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.
D. In the event of AGENCY's non-compliance with the non-discrimination requirements,
CITY may cancel or terminate the Agreement in whole or in part in accordance with
Sections 24 and 25, and AGENCY may be barred from further contracts with CITY.
18. PERSONNEL POLICIES
Personnel policies shall be established by AGENCY and shall be available for
examination. Such personnel policies shall:
A. Include policies with respect to employment, salary and wage rates, working hours
and holidays, vacation and sick leave privileges, and travel;
B. Be in writing; and
C. Be approved by the governing body of AGENCY.
19.CONFLICT OF INTEREST
A. AGENCY covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, which would conflict in any manner or degree with
the perFormance of services required to be perFormed under this Agreement. AGENCY
further covenants that in the perFormance of this Agreement, no person having such
interest shall be employed or appointed as a member of its governing body.
B. AGENCY further covenants that no member of its governing body or its staff,
contractors, or employees shall possess any interest in or use his position for a
purpose that is or gives the appearance of being motivated by desire for private gain
for himself/herself, or others, particularly those with which he/she has family, business,
or other ties.
C. No officer, member, or employee of CITY and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking
or carrying out of this Agreement shall participate in any decision relating to the
Agreement which affects his or her personal interest or the interest in any corporation,
partnership, or association in which he or she has a direct or indirect interest.
20. NEPOTISM
AGENCY 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 AGENCY or is a member
of AGENCY'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.
Page 10
21. POLITICAL OR SECTARIAN ACTIVITY
A. Neither the funds advanced pursuant to this Agreement, nor any personnel who may
be employed by the AGENCY with funds advanced pursuant to this Agreement shall
be in any way or to any extent engaged in any conduct or political activity in
contravention of Chapter 15 of Title 5 of the United States Code.
B. The AGENCY is prohibited from using funds provided herein or personnel employed
in the administration of the program for: political activities; sectarian or religious
activities, lobbying, political patronage, or nepotism activities.
C. The AGENCY agrees that none of the funds or services provided directly or indirectly
under this Agreement shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office, or for publicity, lobbying, and/or
propaganda purposes designed to support or defeat pending legislation. Employees
of the AGENCY connected with any activity that is funded in whole or in part by funds
provided to AGENCY under this Agreement may not under the term of this Agreement:
(1) use their official position or influence to affect the outcome of an election or
nomination; or
(2) solicit contributions for political purposes; or
(3) take an active part in political management or in political campaigns.
22. PUBLICITY
A. Where such action is appropriate, AGENCY shall publicize the activities conducted by
AGENCY under this Agreement to state that the City of Denton has contributed to
make the project possible.
B. All published material and written reports submitted under this project must be
originally developed material unless otherwise specifically provided in this Agreement.
When material not originally developed is included in a report, the report shall identify
the source in the body of the report or by footnote. This provision is applicable when
the material is in a verbatim or extensive paraphrase format.
C. All reports, documents, studies, charts, schedules, or other appended documentation
to any proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence, and related material submitted by AGENCY shall become the
property of CITY upon receipt.
23.CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this
Agreement expressly provide that another method shall be used.
B. AGENCY may not make transfers between or among approved line items within
budget categories set forth in EXHIBIT C PROGRAM BUDGET without prior written
approval of CITY. AGENCY 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
Page 11
significantly change the nature, intent, or scope of the program funded under this
Agreement.
C. AGENCY will submit revised budget and program information whenever the level of
funding for AGENCY or the program(s) described herein is altered according to the
total levels contained in any portion of EXHIBIT C PROGRAM BUDGET.
D. It is understood and agreed by the parties hereto that changes in the State, Federal,
or local laws or regulations pursuant hereto may occur during the term of this
Agreement. Any such modifications are to be automatically incorporated into this
Agreement without written amendment hereto and shall 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 GOALS AND OBJECTIVES, EXHIBIT B REPORTING REQUIREMENTS,
or EXHIBIT C PROGRAM BUDGET, which may include an increase or decrease in
the amount of AGENCY's compensation. Such changes shall be incorporated in a
written amendment hereto, as provided in Subsection A of this Section.
F. Any alterations, deletion, or additions to the program budget incorporated in EXHIBIT
C PROGRAM BUDGET shall require the prior written approval of CITY.
G. AGENCY agrees to notify CITY of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
H. AGENCY 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.
24.SUSPENSION OF FUNDING
Upon determination by CITY of AGENCY's failure to timely and properly perForm each of
the requirements, time conditions, and duties provided herein, CITY, without limiting any
rights it may otherwise have, may, at its discretion, provide a 30 day cure notice to
AGENCY. The notice shall set forth the default or failure alleged, and the action required
for cure. The cure period shall expire on the 31 St calendar day following receipt of such
notice by the Executive Officer and the Chairman of the Board of Directors of AGENCY.
At the end of the cure period, if CITY determines the default or deficiency has been
satisfied, AGENCY may be restored to full compliance status. If CITY agrees to a
corrective action plan presented by AGENCY which will take longer than the remaining
cure period to effectuate, AGENCY may be restored to full compliance status pursuant to
such agreement. If, however, at the end of the cure period CITY determines that AGENCY
has not come into compliance or presented a sufficient corrective action plan, CITY may,
at its discretion, suspend and withhold further payments to AGENCY upon ten working
days written notice to AGENCY that specifies CITY's basis for its decision that AGENCY
has neither come into compliance nor presented a sufficient corrective action plan to
C ITY.
Page 12
25. TERMINATION
A. Only after CITY provides to AGENCY a thirty day written notice calculated from the
date of receipt of such notice by the Executive Officer or the Chairman of the Board
of Directors of AGENCY, which specifies the potential reason for termination and
provides an opportunity for AGENCY to cure any issues that would result in
termination hereunder, and only after the expiration of such cure period wherein
AGENCY has neither come into compliance nor presented a sufficient corrective
action plan to CITY, CITY may terminate this Agreement for cause for any of the
following:
(1) AGENCY's failure to attain compliance during any prescribed period of suspension
as provided in Section 24.
(2) AGENCY's failure to materially comply with any of the terms of this Agreement.
(3) AGENCY's violation of covenants, agreements, or guarantees of this Agreement.
(4) Termination of funding by the CITY.
(5) Finding by CITY that AGENCY:
(a) is in such unsatisfactory financial condition as to endanger performance
under this Agreement;
(b) has allocated inventory to this Agreement substantially exceeding
reasonable requirements; or
(c) is delinquent in payment of taxes or of costs of performance of this
Agreement in the ordinary course of business.
(6) Appointment of a trustee, receiver, or liquidator for all or substantial part of
AGENCY's property, or institution of bankruptcy, reorganization, rearrangement
of, or liquidation proceedings by or against AGENCY.
(7) AGENCY's inability to conform to changes required by Federal, State, and local
laws or regulations as provided in Section 4of this Agreement.
(8) The commission of an act of bankruptcy.
(9) AGENCY's violation of any law or regulation to which AGENCY is bound or shall
be bound under the terms of the Agreement.
(10) Any act or omission, or series of acts or omissions or combination thereof
that have the effect of rendering the shelter nonfunctional for the intended purpose
or that pose significant risk of harm to shelter participants or the public
B. Once the cure period set forth in subsection A above has expired, CITY shall promptly
notify AGENCY in writing of the decision to terminate for cause and the effective date
of termination.
C. CITY may terminate this Agreement for convenience at any time with 180 days notice
to AGENCY. If CITY terminates this Agreement for convenience, AGENCY will be
paid an amount not to exceed the total of accrued expenditures as of the effective
date of termination.
D. AGENCY may terminate this Agreement in whole or in part by written notice to CITY.
E. Upon receipt of notice to terminate, AGENCY shall cancel, withdraw, or otherwise
terminate any outstanding orders or subcontracts, which relate to the perFormance of
this Agreement. CITY shall not be liable to AGENCY or AGENCY's creditors for any
expenses, encumbrances, or obligations whatsoever incurred after the termination
date listed on the notice to terminate referred to in this paragraph.
Page 13
« . � � • , ' ! ; : ' �1
In the event that any claim, demand, suit, or other action is made or brought by any
person(s), firm, corporation, or other entity against AGENCY, AGENCY shall give written
notice thereof to CITY within five working days after being notified of such claim, demand,
suit, or other action. Such notice shall state the date and hour of notification of any such
claim, demand, suit, or other action; the names and addresses of the person(s), firm,
corporation, or other entity making such claim, or that instituted or threatened to institute
any type of action or proceeding; the basis of such claim, action, or proceeding; and the
name of any person(s) against whom such claim is being made or threatened. Such
written notice shall be delivered either personally or by mail.
27.INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting
with AGENCY as an independent contractor and that as such, AGENCY 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 character whatsoever resulting in
whole or in part from the performance or omission of any employee, agent, or
representative of AGENCY.
B. AGENCY agrees to provide the defense for, and to indemnify and hold harmless CITY
its agents, employees, or contractors from any and all claims, suits, causes of action,
demands, damages, losses, attorney fees, expenses, and liability arising out of the
use of these contracted funds and program administration and implementation except
to the extent caused by the willful act or omission of CITY, its agents, employees, or
contractors.
28. NON-RELIGIOUS ACTIVITIES
A. No organization will be prohibited from participating in activities supported by CITY
funding including programs that make funds available through contracts, grants, or
cooperative agreements. AGENCY is prohibited from discriminating against
beneficiaries in providing services or carrying out activities with such assistance based
on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend
or participate in a religious practice, while also noting that organizations that
participate in programs only funded by indirect CITY or Federal financial assistance
need not modify their program or activities to accommodate beneficiaries who choose
to expend the indirect aid on those AGENCY's programs.
B. Faith based organizations that carry out programs or activities with direct financial
assistance are required to provide written notice of certain protections to beneficiaries
and prospective beneficiaries. Specifically, such organizations are required to give
notice to beneficiaries that:
Page 14
(1) The organization may not discriminate against a beneficiary or prospective
beneficiary based on religion, a religious belief, a refusal to hold a religious belief,
or a refusal to attend or participate in a religious practice;
(2) The organization may not require a beneficiary to attend or participate in any
explicitly religious activities that are offered by the organization, and any
participation by the beneficiary in such activities must be purely voluntary; and
(3) The organization must separate, in time or location, any privately funded explicitly
religious activities from activities supported by direct Federal financial assistance;
and
(4) If a beneficiary objects to the religious character of the organization, the
organization must undertake reasonable efforts to identify and refer the beneficiary
to an alternative provider to which the beneficiary has no such objection;
(5) A beneficiary or prospective beneficiary may report an organization's violation of
these protections, including any denials of services or benefits by an organization,
by contacting or filing a written complaint to the CITY or the intermediary
administering the program, if applicable.
(a) Faith-based organizations must provide this notice to prospective
beneficiaries prior to enrollment. In the event of an emergency or exigent
circumstance that make it impracticable to provide the written notice in
advance, prospective beneficiaries may receive the notice at the earliest
available opportunity. Current beneficiaries must receive the notice at the
earliest available opportunity.
(b) Faith-based organizations that carry out a program or activity with direct
Federal financial assistance from HUD are to promptly undertake
reasonable efforts to identify an alternative provider if a beneficiary or
prospective beneficiary objects to the religious character of the
organization, and to refer the beneficiary or prospective beneficiary to an
alternative provider to which the beneficiary or prospective beneficiary has
no such objection.
29. MISCELLANEOUS
A. AGENCY 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, which will not
be unreasonably withheld.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to
the original intent of both parties hereto.
C. All reports, documents, studies, charts, schedules, or other appended documentations
to any proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence, and related material submitted by AGENCY shall become the
property of CITY.
D. In no event shall any payment to AGENCY hereunder, or any other act or failure of
CITY to insist in any one or more instances upon the terms and conditions of this
Agreement, constitute or be construed in any way to be a waiver by CITY of any
Page 15
breach of covenant or default which may then or subsequently be committed by
AGENCY. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always specifically
preserved. No representative or agent of CITY may waive the effect of this provision.
E. In no event shall perFormance by the AGENCY hereunder, or any other act or failure
of AGENCY to insist in any one or more instances upon the terms and conditions of
this Agreement, constitute or be construed in any way to be a waiver by AGENCY of
any breach of covenant or default which may then or subsequently be committed by
CITY. Neither shall such perFormance, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to AGENCY to enforce its
rights hereunder, which rights, powers, privileges, or remedies are always specifically
preserved. No representative or agent of AGENCY may waive the effect of this
provision.
F. This Agreement, together with referenced EXHIBITS, constitutes the entire agreement
between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment antecedent to this Agreement, whether written or
oral, shall have no force or effect whatsoever; nor shall an agreement, assertion,
statement, understanding, or other commitment occurring during the term of this
Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an amendment of this
Agreement.
G. CITY and AGENCY ("PARTIES") shall cooperate and use their best efforts to ensure
that the various provisions of the Agreement are fulfilled. In the event any
disagreement or dispute should arise between the parties hereto pertaining to the
interpretation or meaning of any part of this Agreement or its governing rules, codes,
laws, ordinances, or regulations, PARTIES agree to act in good faith to undertake
resolution of disputes in an equitable and timely manner and in accordance with the
provisions of this Agreement. If disputes cannot be resolved informally by the
PARTIES on their own, the following procedures shall be used:
1) PARTIES shall first attempt to mediate the dispute. PARTIES shall agree
upon a mediator, or if they cannot agree, shall obtain a list of court-approved
mediators from the Denton County District Clerk and select a mediator by
alternately striking names until one remains. CITY shall strike the first name,
followed by AGENCY, and shall continue in that order until one name remains.
2) If the dispute is not resolved within thirty (30) days after the end of inediation
proceedings, PARTIES may pursue any legal remedy.
H. If AGENCY provides services to the homeless it is required to:
(1) Report homeless data to the Homeless Management Information System (HMIS).
Homeless Management Information System (HMIS): HMIS is a countywide data
management tool designed to facilitate data collection in order to improve human
service delivery throughout Denton County. Participation in the Homeless
Management Information System (HMIS) is a requirement per this agreement.
Data entered into HMIS will help our community improve services to individuals
experiencing homelessness by providing accurate information on the extent and
Page 16
nature of homelessness in our community and by accounting for our success in
helping people move out of homelessness. Participation is also critical to help
Denton and Denton County successfully compete for grants for federal funding,
such as the U.S. Department of Housing and Urban Development's homeless
assistance funds.
(2) Participate in the Denton County Homeless Leadership Team meetings and any
applicable workgroup(s). The Denton County Homeless Leadership Team is a
collaborative, cross-sector team that convenes to improve the planning,
coordination, oversight, and implementation required to create systems change for
housing/homelessness initiatives in Denton County. Further, the Agency is
encouraged to work in partnership with fellow service providers to improve
efficiency and effectiveness.
For purposes of this Agreement, all official communications and notices among the
parties shall be deemed made if sent postage paid to the parties and address set forth
below:
TO CITY:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
w/ a copy to:
City Attorney
City of Denton
215 E. McKinney
Denton, Texas 76201
TO AGENCY:
Board President
Monsignor King Outreach Center
300 S Woodrow Ln
Denton, TX 76205
J. 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 competent
jurisdiction sitting in Denton County, Texas.
Page 17
IN WITNESS OF'���ICH this Agreement has been executed on this the _mITIT� ����'�� day
� 2019.
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CITY OF DENTON:
BY � ��.��� �_
TODD HILEMAN �YY
CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
BY M��� �� � � ° �� r� �,
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APPROVED AS TO LEGAL FORM:
ARRON �..%��,. CI�°Y�rvE�°'�6��1'EY
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
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Page 18
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EXHIBIT A
GOALS AND OBJECTIVES
I. INTRODUCTION
The City of Denton is a member of the Denton County Homeless Leadership Team
(DCHLT), a collaborative, cross-sector team that convenes to improve the planning, co-
ordination, oversight, and implementation required to create systems change for hous-
ing/homelessness initiatives in Denton County. The United Way of Denton County
(UWDC) serves as backbone support for the DCHLT, and the City of Denton provides
funding to UWDC for this staffing and backbone support.
The City of Denton provides funding to agencies that support the DCHLT's mission and
goals and that provide high quality services to create positive client outcomes. Agencies
receiving funding for homelessness must meet the following principles:
1. Commitment to coordinate and integrate services with DCHLT, community net-
works, and other service providers
2. Maintain high quality standards for facilities and program operations
3. Commitment to neighborhood health and safety standards
4. Commitment to collect and submit high quality data and use data to review and
evaluate results
5. Commitment to providing case management and supportive services to clients
The Community Development Division is a partner in the management of a continuum of
services with the goal of reducing homelessness in our city and county. Through City
investments and other community investments, families, youth, and individuals have ac-
cess to a multitude of resources, programs, and/or services that include: homelessness
prevention, housing services, and homeless survival interventions such as shelter, out-
reach, and food kitchens.
The City's investment in the Monsignor King Outreach Center is part of a larger proactive,
seamless service system investment that helps meet the basic needs of our community's
most vulnerable residents and that helps people become and remain independent.
II. PROGRAM TYPES
A. Emergency Shelter, as defined in EXHIBIT D.
B. Right of Return Program
III. PROGRAM DESCRIPTION
A. Program Model
The Monsignor King Outreach Center emergency shelter is designed to offer homeless
individuals/households the basic needs for shelter, hygiene, food and meals, secure stor-
age, and supportive services/case management. The shelter will have low barriers to en-
Page 19
try, allowing clients to bring partners, pets, children, and possessions. The Agency's pri-
mary focus is to shelter people experiencing homelessness and work with Right-of-Return
Program ("Program") clients to obtain stable housing.
B. Participant Eligibility Requirements
The shelter is for single adults, 18 years and older, who are living outdoors or in a place
not meant for human habitation. However, single parents and children may stay in a
shared family room, targeted as a temporary stay while other locations and services are
sought.
The shelter will accept referrals from agencies on the Denton County HMIS system, open
referrals, client drop-in, or self-referral.
All clients should be directed to schedule an appointment for a Coordinated Entry assess-
ment either through a Denton County Coordinated Entry (CE) front door agency or a
community designated assessor, unless the assessment has already been completed
with the household.
C. Service Components:
This low barrier shelter will operate from a Housing First approach in which shelter and
housing are offered to people experiencing homelessness without preconditions. Obtain-
ing stable housing is the primary goal of the Program.
The program will endeavor to have an adequate number of qualified, experienced staff or
volunteers on all shifts to effectively communicate and achieve safety and perForm the
expected service components. The program offers basic needs for shelter, hygiene, food
and meals, secure storage, supportive services, and case management, which are orga-
nized to quickly route clients into stable or permanent housing or other long-term place-
ment in treatment, as needed. The Agency's staff or volunteers will communicate, en-
courage, facilitate, and support the clients' progress and activities toward housing and
stability.
The Agency will maintain all aspects of facility operations and maintenance, client ser-
vices, and good neighbor practices and policies at minimum:
1. Accommodations, Storage, and Access
a. Safe and clean sleeping accommodations for 92 adults, with up to 50
designated beds for Program clients as defined in EXHIBIT D and a des-
ignated number of beds for emergency sheltering which can include un-
filled Program beds.
b. On-site secured property storage for each Program client.
c. The shelter will be open from at least 6 p.m. to 8 a.m., seven days a
week.
2. Space and Security
Page 20
a. On-site space for case managers and other service providers to meet
confidentially with clients.
b. Method to monitor and control access, track clients, and manage and
document participation by collaborating service partners when the part-
ners are on-site or at other supportive services locations.
c. Coordinate site security and facilitate uniform and effective shelter entry.
Conduct property searches only according to policy and as communi-
cated to staff and clients.
d. Site security that includes review of the areas and sidewalks around the
program site and functions (related to the Good Neighbor Practices sec-
tion below).
3. Clean Living Environment
a. Staff oversight, janitorial service, and maintenance coordination for the
sleeping areas, bathrooms and showers, the dining room, and commu-
nity room(s), and general grounds of the program site.
b. Policies and procedures, including client responsibilities, to create a site
that is pet-friendly, as well as accommodating to service, support, and
companion animals.
4. Food and Meals
Food must be prepared, handled, and stored in a sanitary manner to pre-
vent the spread of food-borne illness, as per the Denton County Public
Health and City of Denton guidelines. This includes food prepared on-site,
food brought to the program from other locations, and donated foods.
5. Experienced Staff
a. The Agency will make an effort to staff the program with employees and
volunteers that reflect the demographics of the target population.
b. Information related to providing services directly to homeless people in
the shelter environment including risk management, workplace safety,
shelter health and safety conditions, client privacy, and abuse preven-
tion shall be made available to all Staff and Volunteers.
c. Ongoing training and resources will be made available to all staff and
volunteers to maintain a safe, open culture which meets all participants'
wants and needs.
d. Staff training and development will include ongoing training on ethics,
health, professionalism, cultural competency, showing respect for cli-
ents and fellow staff, mental health and substance use issues, Ameri-
cans with Disabilities Act (ADA) awareness and accommodations, and
other pertinent issues for the population.
6. Community Support
a. Opportunity for ongoing client feedback and suggestions (spoken and
written forms) as well as a written and posted Complaint and Grievance
Procedures.
Page 21
b. Track and maintain general operational records including critical inci-
dents that include any emergency responses related to the site and the
clients.
7. On-site Assessments and Service Plans
a. "U��N���°a�, ���,,%,m�,�,��r�. �II clients in the shelter should be provided with
intake that includes at a minimum shelter rules and guidelines.
b. ������r������ ��r I�i�� r�rr� ��i��t� Intakes for Program clients must in-
clude a release of information and consent forms that support exchange
of client information with program partners and systems, including HMIS.
c. Individualized and client-led s���a�� N���� �c�r ���� ���� +�In�r�t�. For Pro-
gram clients, Agency shall use intake and assessment information with
partnering providers to 1) facilitate housing placement; 2) acquire public
benefits and/or entitlements (i.e. SNAP, SSI/SSDI, VA); and 3) make
connections to treatment resources for ongoing recovery and health
needs. Service plans will reflect the short-term nature of assistance to-
ward housing placement and include Program clients' identified
strengths, goals, and support networks.
8. Conflict Resolution
Timely on-site conflict resolution to assist in problem-solving and skill- building
among clients and between clients and staff.
9. Good Neighbor Practices
Actively discourage and address excessive noise or loitering from program cli-
ents and others who may be near the site. Coordinate with other service pro-
viders, City departments, etc., as needed to address possible issues and their
impacts.
E. Regulation and Guidelines for Shelters
The shelter will maintain a safe, clean, and healthy environment that respects the rights
and dignity of clients and staff and works in cooperation with the surrounding neighbor-
hood to ensure program participants feel welcome in the community and informed and
engaged in events, initiatives, and advocacy efforts that impact the community.
1. Access/Participant Rights and Responsibilities
a. The shelter will comply with the Americans with Disabilities Act (ADA), in-
cluding access to assistive animals.
b. The shelter will have a written policy regarding the rights and responsibilities
of shelter participants and applicable service restrictions or barring. Pro-
gram participants must be made aware of this policy upon admission or as
soon as reasonably possible.
Page 22
2. Health and Safety
a. The shelter will ensure that Program participants understand that they are
a vital part of the neighborhood and facilitate open and on-going communi-
cation with neighboring residents, businesses, agencies, and law enforce-
ment in order to promote neighborhood health, safety, and effectively ad-
dress emerging issues.
b. The shelter will maintain and follow written policies and procedures for the
prevention and control of communicable diseases.
c. The shelter must make available to staff and volunteers prior to hire or ser-
vice information regarding health risks they may encounter in working at the
program.
d. The shelter will have a complete and accessible First Aid Kit that is stocked
with sufficient supplies.
e. The shelter must have a process for internal reporting and reviewing of
health and safety incidents. It is highly recommended that AGENCY have a
safety committee or similar vehicle through which to process incident re-
ports.
f. The shelter will have appropriate emergency, evacuation, and fire safety
plans and will provide ongoing training to staff on these plans.
g. The shelter will handle and store all hazardous materials including cleaning
supplies appropriately.
h. The shelter will have a plan and process for safeguarding against client
abuse, which includes reporting such abuse should they occur.
i. The shelter will have a security plan to deter theft and harm to clients and
staff. A weapons policy designed to ensure the safety and security of all
clients and staff must be included in this plan.
j. Educational training for all staff must be provided as often as necessary to
reinforce safe work practices.
k. The shelter is strongly encouraged to have at least one person certified in
First Aid and CPR on duty at all times.
3. Environment/Physical Facility
a. The shelter must meet local zoning, building, housing, occupancy, fire,
health, and safety codes.
b. The shelter must provide at minimum a mat, bed, or cot for each client. A
process must be in place to sanitize mats, beds or cots on a regular basis
and there must be a process to ensure bedding is laundered regularly.
c. Facilities must be kept in a safe and sanitary condition and be in good repair
and maintenance.
d. Restroom facilities and washbasins, with appropriate hygienic supplies
and/or equipment, must be provided in an appropriate number and config-
uration for the type of facility and its capacity in accordance with local codes.
The shelter must have hot and cold running water.
e. The shelter is strongly encouraged to have hand-cleaning stations, such as
dispensers of alcohol-based hand sanitizer, near entry doors and/or recep-
tion desks.
Page 23
f. First Aid and CPR training should be made available to staff and volunteers
to handle the treatment of any on-site injuries or emergencies.
IV. Investment Outcomes and Indicators
The Program is part of the Denton County Homeless Leadership Team's efforts to make
homelessness brief, rare, and one-time. The Denton County Homeless Leadership
Team's strategic plan goals are focused on achieving stable housing for individuals and
families. The strategic plan describes the expectations for how the desired result(s) and
goals will be achieved through a set of specific activities (strategy), which are measured
by defined system impact performance measures.
System performance measures include those identified below, as well as other perFor-
mance measures that may be identified by the City and the AGENCY. HMIS data will be
used to evaluate the impact of the Program on the community's goals and system perFor-
mance measures (SPM). SPM's that will be reviewed regularly by the CITY and AGENCY
may include any of the following:
� shelter/bed utilization — both at any given time and over the contract period (num-
ber)
•# of days stayed at the shelter (length)
�% of shelter participants exiting to permanent housing (housing), if known
•% of Program participants exiting to permanent housing (housing)
• Location where the individual/household became homeless before this incident
• Individual/household income and benefits pre/post shelter stay (income)
• How the client was referred to shelter (outreach)
V. Staffing Plan
The staffing plan includes all personnel who will work and receive compensation, either
directly as paid employee or as contractor, directly on this project under this project
budget agreement as described in EXHIBIT C. The term "staff' as used throughout this
Agreement and attached Exhibits shall only include individuals receiving compensation
for their services (as distinct from unpaid volunteers).
• Shelter Director(s),
� Case Manager(s),
• Overnight Attendants
• Administrative staff
Page 24
EXHIBIT B
REPORTING REQUIREMENTS
I. REPORTING GUIDELINES
All reports shall be submitted by the appropriate deadlines. If reports are not received in
a timely manner or not completed, future invoices will be held for payment until all pending
reports are received and approved.
Before payment related to this Agreement can be released, the AGENCY must submit a
fully completed Request For Payment Form with named individuals who are authorized
to sign invoices on behalf of the AGENCY for this Agreement.
All reporting documents should be submitted to the Community Development Manager,
City of Denton, 601 E Hickory Street, Denton, TX 76205.
II. REQUIRED QUARTERLY REPORTS
A. The following reports must be submitted by the twentieth working day of the month
following the previous quarter on as shown in the reporting schedule in Section III
OF this exhibit,
An AGENCY Invoice with an original signature; and
The AGENCY Request For Payment (RFP) including a detailed statement
of costs, and performance reporting.
Client data and perFormance reporting reported in the RFP should be pulled
from HMIS.
B. A posted general ledger (GL), Income Statement, or Profit & Loss statement de-
tailing the cost incurred shall be submitted with each Invoice and RFP.
C. Other Monitoring documents as described in this agreement.
III. REQUIRED REPORTING SCHEDULE
Agency may begin invoicing as of October 1. RFP reporting will begin no later than
the quarter immediately following the AGENCY's expected launch date of January
15th, 2020. Reporting and invoicing should be submitted quarterly, according to the
following schedule:
• October 1 St — Invoice for Quarter (October 1 St - December 31 St)
� January 20t" —Quarter RFP for October 1St - December 31St and Invoice for
Quarter (January 1 St -March 31 St)
• April 20t" —Quarter RFP for January 1St -March 31St and Invoice for Quarter
(April 1St -June 31St)
� July 20th —Quarter RFP for April 1 St -June 31St and Invoice for Quarter (July
31 St — September 30tn)
Page 25
� October 20t" —Quarter RFP for July 31 St — September 30t" and if agreement
is current and/or extended, the Invoice for First Quarter of Next Fiscal Year
(October 1 St -December 31 St)
The reports must be reviewed and signed by the Agency's lead program contact.
IV. OTHER DOCUMENTATION THAT MAY BE REQUESTED
A. Additional HMIS data reports related to Program performance or management may
also be requested by CITY for auditing or evaluation purposes.
B. Additional reports or information related to program perFormance or management
may also be requested by CITY for auditing or evaluation.
C. With respect to any request made by CITY pursuant to this section IV, Agency
shall provide its best efforts to comply within a reasonable time.
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.
� . �1 � 1�
AGENCY shall provide the services listed in this Agreement within the following monetary
limits. In no event shall payment to the AGENCY exceed the lesser of the AGENCY's
costs attributable to the goods and services provided as stated herein, or sum of $400,000
annually.
��...... m..... ..........�_�..��.. ------- ... . ....... . ..........
Allowable Expenditure
-- ---�_��_� .... . � . � .���.�..
Personnel Costs $200,000
� Shelter Operations — Facility ������� � � ������ ����������.... � � � $ g0,000 �� �� ��� ��
Client Services ( � ..�.��.. . ...................... _�. . ..�ee ��
Food Assistance) $120 000
_ Total . ..... ........................... .. ......... ....... ..... m..��........... - $400,000.00 ............�.......
The line item amounts stated above are a budget estimate of expenditures. Total payment
for all program activities listed shall not exceed the maximum of $400,000 funding
annually. With prior written authorization from the Community Development Manager a
line item amount as listed above may be reallocated to another line item. Any remaining
funding not expended within the term listed in Section 1 will be returned to the City of
Denton budget to be reappropriated at the CITY's sole discretion.
Monsignor King Outreach Center shall provide the Community Development Division with
reports and information to document all expenses using these grant funds were incurred
and provide proof that the expense was paid.
Request for Payment (RFP) requests must include:
1. Client List, numbered with unique identifier; and
2. Expenditures for Salary documentation:
� Payroll register payroll journal or subcontractor Invoice;
2. Expenditures for purchase of Goods or Services documentation:
General Ledger of Income and Expenditures
Page 27
EXHIBIT D
DEFINITIONS
EMERGENCY SHELTER means: any facility with overnight sleeping accommodations, the
primary purpose of which is to provide temporary shelter for the homeless in general or for
specific populations of the homeless
RIGHT-OF-RETURN PROGRAM ("Program") means a program within the MKOC shelter
that has dedicated beds for individuals enrolled in the Program and are actively participating
in case management. Clients in the Program will have a reserved bed to return to each night
and storage for personal belongings. Enrollment in the Program should include HMIS intake
and a Coordinated Entry Assessment to facilitate housing placement. Clients in the Program
will have a service plan developed with a case manager that reflects the plan of assistance
toward housing placement and include client identified strengths, goals, and support
networks needed based on the unique client needs.
For purposes of the Right of Return Program, HOMELESS means:
(1) An individual or familv who lacks a�'c��+� reaular. and adeauate niahttime
�����a��r�+�� rr������� ,w
i) An individual or family with a primary nighttime residence that is a public or private
place not designed for or ordinarily used as a regular sleeping accommodation
for human beings, including a car, park, abandoned building, bus or train station,
airport, or camping ground;
ii) An individual or family living in a supervised publicly or privately-operated shelter
designated to provide temporary living arrangements (including congregate
shelters, transitional housing, and hotels and motels paid for by charitable
organizations or by federal, state, or local government programs for low-income
individuals); or
iii) An individual who is exiting an institution where he or she resided for 90 days or
less and who resided in an emergency shelter or place not meant for human
habitation immediately before entering that institution; or
(2) ��� �r�di�i���� �� ��r�ni� �wr�� �iiMMl w�w��rairr���N I�a�� ����� �ir��r �� �� a�rw�
residence, provided that:
(i) The primary nighttime residence will be lost within 14 days of the date of
application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support networks, e.g., family,
friends, faith-based or other social nefinrorks, needed to obtain other permanent
housing; or
(3) Unaccomaanied vouth under 25 vears of aae. or families with children and vouth.
��� d� ��� �°��+�w���� w��uli �� �c�r�+�l��� ���1�� �hi� �'�fr�nA�i+�� �r�t v��t�:
(i) Are defined as homeless under section 387 of the Runaway and Homeless Youth
Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832),
section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e—
Page 28
2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3
of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)) or section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a);
(ii) Have not had a lease, ownership interest, or occupancy agreement in permanent
housing at any time during the 60 days immediately preceding the date of
application for homeless assistance;
(iii) Have experienced persistent instability as measured by two moves or more
during the 60-day period immediately preceding the date of applying for homeless
assistance; and
(iv) Can be expected to continue in such status for an extended period of time
because of chronic disabilities, chronic physical health or mental health
conditions, substance addiction, histories of domestic violence or childhood
abuse (including neglect), the presence of a child or youth with a disability, or finro
or more barriers to employment, which include the lack of a high school degree
or General Education Development (GED), illiteracy, low English proficiency, a
history of incarceration or detention for criminal activity, and a history of unstable
employment; or
(4) Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual
assault, stalking, or other dangerous or life-threatening conditions that relate to
violence against the individual or a family member, including a child, that has
either taken place within the individual's or family's primary nighttime residence
or has made the individual or family afraid to return to their primary nighttime
residence;
(ii) Has no other residence; and
(iii) Lacks the resources or support networks, e.g., family, friends, faith-based or other
social networks, to obtain other permanent housing.
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