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SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
TYe o���r�� ��� �.��;��� �b���t�h� ordmance was adhe yaw°� r� �� was �passed �and� ap and seconded
b ������_ � proved by the
following vote [� - (� ]:
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Aye Nay Abstain Absent
Mayor Chris Watts: �%
Gerard Hudspeth, District 1: �
Keely G. Briggs, District 2: ��
Jesse Davis, District 3: �
John Ryan, District 4: a�
Deb Armintor, At Large Place 5: �
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the __� ��,�� _ day of ,_ , 2019.
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CHRIS "���TTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY � ����
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APPROVED AS TO LEGAL FORM: �'' `��'� � ����e� � �`�, °� °`
AARON LEAL, CITY ATTORNEY �
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BY: ��'
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON AND
OUR DAILY BREAD
HOMELESS INITATIVES: RAPID RE-HOUSING
This Agreement is hereby entered into by and between the City of Denton a Texas home rule
municipal corporation, hereinafter referred to as "City", and Our Daily Bread, Inc., a Texas non-
profit corporation, hereinafter referred to as "ODB".
WHEREAS, the City of Denton (the "City") and Our Daily Bread ("ODB") desire to enter
into an agreement to provide for program services as part of a coordinated system of homeless
assistance programs (the "Programs") to reduce homelessness in the City; and
WHEREAS, City has adopted a budget for such funds and included therein an authorized
budget for expenditure of funds; and
WHEREAS, the City Council of the City of Denton hereby finds that the Agreement
between the City and ODB serves a municipal and public purpose, is in the public interest, and a
benefit to the citizens of the City of Denton; 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, 2020, 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.
2. RESPONSIBILITIES
ODB hereby accepts the responsibility for the performance of all services and activities described
in the SCOPE OF SERVICES 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 ODB's executive officer to be ODB's representative responsible for the
management of all contractual matters pertaining hereto, unless written notification to the
contrary is received from ODB and approved by CITY.
A. The CITY's Community Development Manager will be CITY's representative responsible for
the administration of this Agreement.
B. ODB certifies that the activities carried out with CITY funds shall benefit people experiencing
homelessness.
3. OBLIGATIONS
A. Limit of Liability. CITY will reimburse ODB for expenses incurred pursuant to and in
accordance with the SCOPE OF SERVICES attached as EXHIBIT A and the PROJECT BUDGET
attached as EXHIBIT B; 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 Sixty-One Thousand and Seven Hundred
Dollars ($61,700.00).
B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder
by ODB and receipt of a requisition for payment with appropriate documentation of
expenditures, CITY shall make payments to ODB based on the PROGRAM BUDGET in EXHIBIT
B, subject to the limitations and provisions set forth in this Section and Section 5 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 ODB 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
h e reto;
(d) has not been billed to CITY within 90 calendar days following billing to ODB, or
termination of the Agreement, whichever date is earlier; or
(e) is not an allowable cost as defined by Scope of Services and the program Budget.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to
any activity of ODB requiring prior written authorization from CITY, or after CITY has
requested that ODB furnish data concerning such action prior to proceeding further,
unless and until CITY advises ODB to proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than ODB
for payment of any monies or provision of any goods or services.
(6) Funding not expended within the period of the Agreement will revert to the City of
Denton budget for use on alternative projects.
C. ODB'S Obligations. In consideration of the receipt of funds from the CITY, the ODB agrees to
the following terms and conditions:
(1) Sixty-One Thousand and Seven Hundred Dollars ($61,700.00) may be paid to ODB by CITY
to reimburse expenditures in accordance with Exhibit B, for those expenses listed in
Exhibit A both incorporated herein by reference.
(2) ODB 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) ODB will permit authorized CITY officials to review its books at any time.
(4) ODB 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) ODB will not enter into any contracts that would encumber CITY funds for a period that
would extend beyond the term of this Agreement.
(6) ODB 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) ODB will appoint a representative who will be available to meet with CITY officials when
reasonably requested.
(8) ODB 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 ODB, its employees, or
contractors.
(9) ODB will submit to CITY copies of year-end audited financial statements.
4. PERFORMANCE
ODB will provide, oversee, administer, and carry out the activities and services set out in the
SCOPE OF SERVICES in Exhibit A, utilizing the funds described in PROGRAM BUDGET in Exhibit B,
deemed by both parties to be necessary and sufficient payment for full and satisfactory
performance of the program, as determined solely by CITY and in accordance with all other
terms, provisions, and requirements of this Agreement. No modifications or alterations may be
made in the Scope of Services or Budget without the prior written approval of the CITY's
Community Development Manager.
5. PAYMENTS
A. Payments to OD6. The CITY shall pay to ODB a maximum amount of money not to exceed
Sixty-One Thousand and Seven Hundred Dollars ($61,700.00) for services rendered underthis
Agreement. The CITY will pay these funds on a reimbursement basis to ODB within twenty-
one days after CITY has received supporting documentation of eligible expenditures.
Documentation of expenditures must be submitted to the Community Development Division
no later than 90 calendar days after billing to ODB or by the end of this Agreement, whichever
date is earlier. ODB'S failure to provide the information on a timely basis may jeopardize
present or future funding.
B. Funds are to be used for the sole purpose of providing the services described in Exhibit A and
in accordance with Exhibit B.
C. ODB reimbursement request for any period will not exceed one-fourth (1/4) of any budgeted
line items for costs as specified in Exhibit B without prior written authorization from the CITY.
D. Excess Payment. ODB 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 ODB;
(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. Upon termination of this Agreement, should any expense or charge for
which payment has been made be subsequently disallowed or disapproved as a result of any
auditing or monitoring by CITY, ODB will refund such amount to CITY within ten working days
of a written notice to ODB, which specifies the amount disallowed. Refunds of disallowed
costs may not be made from these or any funds received from or through CITY.
F. Reversion of Assets.
(1) ODB, upon expiration of this Agreement shall transfer to the CITY any funds on hand at
the time of expiration and any accounts receivable attributable to the use of funds.
(2) 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 Agreement.
G. Obligation of Funds.
(1) In the event that actual expenditure rates deviate from ODB's provision of a
corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the
right to re-appropriate or recapture any such under-expended funds.
(2) If CITY finds that ODB is unwilling and/or unable to comply with any of the terms of this
Agreement, CITY may require a refund of any and all money expended pursuant to this
Agreement by ODB, as well as any remaining unexpended funds which shall be refunded
to CITY within ten working days of a written notice to ODB to revert these financial assets.
6. COMPLIANCE WITH FEDEFt�� �T,��'�, �i�� �mm��.;�G� L,�"�l�M
A. ODB 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. ODB shall give the CITY and any authorized representative, access to and the right to
reproduce all records belonging to or in use by ODB pertaining to this Agreement. Such access
shall continue as long as ODB retains the records. ODB shall maintain such records in an
accessible location.
C. ODB shall refrain from entering into any subcontract for services without prior approval in
writing by CITY of the qualifications of the subcontractor to perform and meet the standards
of this Agreement. All subcontracts entered into by the ODB will be subject to the
requirements of this Agreement. The ODB agrees to be responsible to CITY for the
performance of any subcontractor.
7. WARRANTIES
ODB 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 condition of ODB 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 ODB.
C. No litigation or legal proceedings are presently pending or threatened against the ODB.
D. None of the provisions herein contravene or are in conflict with the authority under which
ODB is doing business or with the provisions of any existing indenture or agreement of ODB.
E. ODB 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 ODB is subject to any lien or encumbrance of any character, except for
cur-rent taxes not delinquent, except as shown in the financial statements and/or other
documents furnished by ODB 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.
8. ��INTENANCE OF RE��I��l�
A. ODB 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 and Exhibit B, attached hereto, and with any other applicable Federal
and State regulations establishing standards for financial management.
6. ODB 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.
C. Nothing in the above subsections shall be construed to relieve ODB of responsibility for
retaining accurate and current records which clearly reflect the level and benefit of services
provided under this Agreement.
D. At any reasonable time and as often as CITY may deem necessary, the ODB shall make
available to CITY or any of their authorized representatives, all of its 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.
9. MONITORING AND EVALUATION
ODB agrees to participate in a monitoring and evaluation system whereby the services can be
continuously monitored. CITY shall perform monitoring of the ODB's performances under this
Agreement.
A. ODB agrees that CITY may carry out monitoring and evaluation activities to ensure adherence
by ODB to the provisions of this Agreement.
B. ODB agrees to cooperate fully with CITY and provide data determined by CITY to be necessary
for CITY to effectively fulfill its monitoring and evaluation responsibilities.
C. ODB 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 to coordinate the monitoring process as requested by CITY
staff.
D. ODB agrees to make available upon request its financial records for review by CITY at CITY's
discretion. In addition, ODB agrees to provide CITY the following data and reports, or copies
thereof:
(1) All external or internal evaluation reports.
(2) Performance/beneficiary reports to be submitted in the schedule published by the CITY's
Community Development Division. Reports will include such information as requested by
the CITY's Community Development Division including but not limited to: number of
persons or households assisted, race, gender, disability status, and documentation of
homelessness status.
(3) Financial statements no less than once every three months. Each statement shall include
current and year to date period accounting of all revenues, expenditures, outstanding
obligations, and beginning and ending balances; and
(4) An explanation of any major changes in program services.
E. To comply with this section, ODB agrees to maintain records that will provide accurate,
current, separate, and complete disclosure of the status of funds received and the services
performed under this Agreement. ODB's record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure. ODB
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. Nothing in the above
subsections shall be construed to relieve ODB of responsibility for retaining accurate and
current records, which clearly reflect the level and benefit of services, provided under this
Agreement.
F. Nothing in the above subsections shall be construed to relieve ODB of responsibility for
retaining accurate and current records that clearly reflect the level and benefit of services
provided under this Agreement.
10.MEETINGS
Upon request, minutes of all meetings of ODB's governing body shall be available to City within
ten (10) working days of approval.
11. INSURANCE
A. ODB 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 certificate holder
which requires that CITY and ODB be notified in writing of any cancellation or change in the
policy at least 30 days prior to such change or cancellation. Upon request of ODB, CITY may,
at its sole discretion, approve alternate insurance coverage arrangements.
C. ODB will comply with applicable workers' compensation statues and will obtain employers'
liability coverage where available and other appropriate liability coverage for program
participants, if applicable
D. ODB will maintain adequate and continuous liability insurance on all vehicles owned, leased,
or operated by ODB. All employees of ODB 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 ODB'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 ODB.
�.�. � l�d�� t�P��3FiT�1�J�TY ��VD COMPLIANCE WITH LAWS
A. ODB shall comply with all applicable equal employment opportunity and affirmative action
laws or regulations.
B, ODB 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.
C. In the event of ODB's non-compliance with the non-discrimination requirements, the
Agreement may be canceled, terminated, or suspended in whole or in part, and ODB may be
barred from further contracts with City.
13. PERSONNEL POLICIES
Personnel policies shall be established by ODB 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, fringe benefits, vacation and sick leave privileges, and travel;
B. Be in writing; and
C. Be approved by the governing body of ODB.
14. CONFLICT OF INTEREST
A. ODB 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. ODB 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. ODB further covenants that no member of its governing body or its staff, subcontractors or
employees shall possess any interest in or use his/her position for a purpose that is or gives
the appearance of being motivated by desire for private gain for himself/herself, or others;
particularly those with which he/she has family, business, or other ties.
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 personal interest or the interest in any corporation, partnership, or ODB in which he has
direct or indirect interest.
F�►1�Z����y►il
ODB 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 ODB or is a member of ODB'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. 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. ODB may not make transfers between or among approved line items within budget
categories set forth in Exhibit B without prior written approval of CITY. ODB 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. ODB will submit revised budget and program information, whenever the level of funding for
ODB or the program(s) described herein is altered according to the total levels contained in
any portion of Exhibit A or Exhibit B.
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 to the
Agreement, which may include an increase or decrease in the amount of ODB'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 program budget incorporated in Exhibit B shall
require the prior written approval of CITY.
G. ODB 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. ODB 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.
17. TERMIWNATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for other
reasons not specifically enumerated in this paragraph:
(1) ODB's failure to materially comply with any of the terms of this Agreement.
(2) ODB's violation of covenants, agreements, or guarantees of this Agreement.
(3) Termination or reduction of funding by the CITY.
(4) Finding by CITY that the ODB:
(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.
(5) Appointment of a trustee, receiver, or liquidator for all or substantial part of ODB's
property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation
proceedings by or against ODB.
(6) ODB's inability to conform to changes required by Federal, State, and local laws or
regulations as provided in Section 6, and Section 2, of this Agreement.
(7) The commission of an act of bankruptcy.
(8) ODB's violation of any law or regulation to which ODB is bound or shall be bound under
the terms of the Agreement.
B. CITY shall promptly notify ODB in writing of the decision to terminate and the effective date
of termination.
C. CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, ODB will be paid an amount not to exceed the total 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 ODB covered by the Agreement, less
payments previously made.
D. ODB may terminate this Agreement in whole or in part by written notice to CITY, if a
termination of outside funding occurs upon which ODB depends for performance hereunder.
ODB may opt, within the limitations of this Agreement, to seek an alternative funding source,
with the approval of CITY, provided the termination by the outside funding source was not
occasioned by a breach of contract as defined herein or as defined in a contract between ODB
and the funding source in question. ODB may terminate this Agreement upon the dissolution
of ODB's organization not occasioned by a breach of this Agreement.
E. Upon receipt of notice to terminate, ODB 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 ODB or ODB'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.
F. Notwithstanding any exercise by CITY of its right of suspension or termination, ODB shall not
be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the
Agreement by ODB, and CITY may withhold any reimbursement to ODB until such time as the
exact amount of damages due to CITY from ODB is agreed upon or otherwise determined.
18. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with ODB
as an independent contractor and that as such, ODB 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 ODB.
B. ODB 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.
19. MISCELLANEOUS
A. ODB 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
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 documentation to any
proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence, and related material submitted by ODB shall become the property of CITY
upon receipt.
D. Debarment: ODB certifies that it is not listed on the System for Award Management (SAM),
which list the debarred, suspended, or otherwise excluded from or ineligible for participation
in federal assistance programs under Executive Order 12549 and 24 CFR Part 24.
E. In no event shall any payment to ODB hereunder, or any other act or failure of CITY to insist
in any one or more instances upon the terms and conditions of this Agreement, constitute or
be construed in any way to be a waiver by CITY of any breach of covenant or default which
may then or subsequently be committed by ODB. 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.
F. This Agreement, together with referenced EXHIBITS, constitutes the entire agreement
between the par-ties 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. 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, CITY will have the final authority to render or to secure an
interpretation.
H. If ODB 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 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, ODB is encouraged to work in partnership with fellow service
providers to improve efficiency and effectiveness.
20. NOTICE
A. Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not,
when deposited in the United States mail, postage prepaid, registered or certified, return
receipt requested, or via hand-delivery or facsimile, addressed to ODB or City, as the case
may be, at the following addresses:
TO CITY:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
w/ a copy to:
Catherine Clifton, Deputy City Attorney
215 E. McKinney
Denton, TX 76201
TO ODB:
Our Daily Bread
Attn: Executive Director/CEO/Commander
300 South Woodrow Lane
Denton, TX 76205
B. 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.
C. 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.
IN "��,�I�NESS i��l�� WHICH this Agreement has been executed on this the �������� day of
1 `� � ' .` � ����.e�..�� 2019.
CITY OF DENTON:
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TODD I�iILEMAN,
CITY MANAGER
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APPROVED �,� TO LEGAL FORM:
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CITY ATTORNEY
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
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Exhibit A
SCOPE OF SERVICES
Rapid Re-Housing (RRH) provides housing relocation and stabilization services and assistance as
necessary to help an individual or family experiencing homelessness move as quickly as possible into
permanent housing and achieve stability in that housing. Funding for Rapid Re-Housing programs is
to assist households experiencing homelessness with application fees, deposits, and rental assistance
as necessary to move the household from homeless to housed and provide housing stability.
A. The SCOPE OF SERVICES under this Agreement shall be as follows:
(1) Funding is only available for one-year and must be expended by September 30, 2020.
(2) Status of homelessness must be verified and documented in HMIS.
(3) Funds may only be used for Rapid Re-Housing Assistance that is limited to financial assistance
for:
a. Application Fees
b. Deposits
c. Rental Assistance (maximum 6 months)
(4) Financial Assistance cannot be paid directly to the client, only on behalf of the client to the
Landlord/Owner for the assisted unit.
(5) Assisted Housing Units must meet certain standards:
a. Lease in the Client name for at least 6 months.
b, Habitability documented prior to any lease agreement being executed. The structure
and materials must be structurally sound to protect residents from the elements and
not pose any threat to the health and safety of the residents. ODB will have a
procedure in place to ensure that habitability is documented prior to executing a lease
for an assisted unit.
c. Unit must meet Rent Reasonableness requirements, the standard to ensure that rents
being paid are reasonable in relation to rents being charged for comparable
unassisted units in the same market. ODB will have a procedure in place to ensure
that compliance with rent reasonableness standards is documented prior to executing
a lease for an assisted unit.
d. Fair Market Rent calculation is not required but all efforts to ensure the housing unit
will be affordable to the client(s) once assistance ends must be documented.
e. Unit should have adequate number of bedrooms for the number of
household/roommates.
B. Tracking outputs/outcome measures will be a tool by which the CITY and the ODB can measure
services delivered and performance under this agreement.
� Total number of people served experiencing homeless entered into Coordinated Entry and
on the Housing Priority List
• Total number enrolled to receive the Rapid Re-Housing Assistance
� Total number housed with Rapid Re-Housing Assistance
� Total number who maintain housing for 3 months after Rapid Re-Housing Assistance ends
Exhibit B
Budget
ODB shall provide the services listed in this Agreement within the monetary limits attached hereto
and incorporated by reference herein. In no event shall compensation to the ODB exceed the lesser
of the ODB's costs attributable to the work performed as stated herein, or sum of Sixty-One Thousand
and Seven Hundred Dollars ($61,700.00).
ODB will submit monthly reimbursement requests for financial assistance. ODB will be reimbursed
for eligible expenditures (Section A.) for financial assistance provided to eligible clients as described
in Exhibit A. Scope of Services and supported with written documentation verifying the expense was
both incurred and paid (Section B.) within the term of the agreement and prior to the request for
reimbursement.
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A. Allowable Expenditures Total Allocation
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Application Fees, Deposits and Rental Assitance $61,700.00
B. Reimbursement requests must include:
(1) Client List, numbered with unique HMIS identifier (at least quarterly)
(2) Invoice/Receipt/Lease agreement listing monthly rent
(3) Proof of payment (copy of check with check number or bank statement)