19-2925ORDINANCE NOu 19-2925
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE A SERVICE AGREEMENT BY AND BETWEEN
MONSIGNOR K1NG OUTREACH CENTER AND THE CITY OF DENTON AND
PROVIDING FOR THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $60,000 FOR
RAPID RE-HOUSING RENTAL ASSISTANCE 1N FURTHERANCE OF THE
COORDINATED SYSTEM OF HOMELESS ASSISTANCE PROGRAMS; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") and Monsignor King Outreach Center
("MKOC") 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, MKOC and the City hereto agree, and by the execution hereof are bound to
the mutual obligations outlined in the Service Agreement attached hereto and made a part hereof
by reference (the "Agreement "); 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 MKOC, attached hereto and made a part hereof by reference serves a
municipal and public purpose, is in the public interest, and of a benefit to the citizens of the City
of Denton; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Service Agreement with MKOC and to carry out the duties and responsibilities of the City under
the Agreement, including the expenditure of funds as provided for therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
y �� to� ����� c��r ��th�s+ ordmance was madhe y�� ������, �" ��`����,�� ��,N� m µ and seconded
The mot�o
b ��'� �� _" ����.� was passed and approved by the
following vote ��_�,� �;Y �:
Page 1
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:
Aye
Nay Abstain Absent
���
PASSED AND APPROVED this the „��,�, day of �'����"�,� �,� ,�°��� 2019.
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON I�l�s�.6m., CITY ATTORNEY
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SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON AND
MON5IGNOR KING OUTREACH CENTER
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 ta as "City", and Monsignor King Outreach Center,
Inc., a Texas non-profit corporation, hereinafter referred to as "MKOC".
WHEREAS, the City of Denton (the "City"j and Monsignor King Outreach Center ("MKOC")
desire to enter into an agreement to provide for program services as part of a coordinated system
of homeless asslstance programs (the "Programs") to reduce homeless�ess in the City; and
WHEREAS, Clty 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 MKOC serves a municipal and public purpose, is in the public Interest, and
of a beneflt to the citizens of the City of Denton; and
NOW, 7HEREFORE, the parties hereto agree, and by the execution hereof are bound, to
the mutual obligations and to the performance and accomplishment of the conditions
herefnafter descrlbed
.1:...T,ERM
This Agreement shall commence on or as of October 1, 2019, and shall terminate on 5eptember
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
MKOC hereby accepts the responsibility for the performance of all services and activities
descrlbed 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 wlth the
fierms herein. CITY will consider MKOC's executive officer to be MKOC's representative
responsible for the management of all contractual matters pertaining hereto, unless written
notification to the contrary is received from MKOC and approved by CITY.
A. The CITY's Community Development Manager wiil be CIIY's representative responsible for
the administration of thls Agreement.
B. MKOC certlfies that the activities carried out with CITY funds shall benefit people
experiencing homelessness.
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3, OBLIGATIONS
A. Limit of Liability. CITY will reimburse MKOC for expenses incurred pursuant to and in
accordance with the SCOPE OF SERVICES attached as EXHIBIT A and the PROGRAM BUDGET
attached as EXHIBIT B; both incorporated herein by reference. Notwlthstanding 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 Thousand Dollars ($60,000.00�.
B, Measure of Liability. In consideration of full and satisfactory services and activities he�eunder
by MKOC and receipt of a requisition for payment with appropriate documentatfon of
expenditures, CITY shall make payments to MKOC based on the PROGRAM BUDGET in
EXHIBIT B, subject to the limitations and provisions set forth in thls Section and Section 5 of
this Agreement.
(1j 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 liabilftfes under
this Agreement. If adequate funds are not available or appropriated to make payments
under this Agreement, CITY shall notify MKOC in writing within a reasonable time after
such fect has been determined. CI7Y may, at its option, either reduce the amount of its
Nabllfty, as specified in Subsection A of this Sectlon, or terminate the Agreement.
(2) It is expressly understood that this Agreement in no way obUgates the CITY to provide
more funds than the amount shown in subsection A above.
(3) CIN 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 hot in strict accordance with the terms of this Agreement, including all Attachments
hereto;
(d) has not been bllled to CITY with(n 90 calendar days following billing to MK�C, 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 eudget.
(4) CITY shall not be Ifable for any cost or portion thereof which is incurred wlth respect to
any activity of MKOC requlring prior wrltten authorization from CITY, or after CITY has
requested that MKOC furnish data concerning such action prior to proceeding further,
unless and until CI"IY advises MKOC to proceed.
(S) CITY shall not be obligated or liable under this Agreement to any party other than MKOC
for payment of any monies or provislon 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. MKOC'S Obligations. In consideratlon of the receipt of funds from the CITY, the MKOC agrees
to the following terms and conditions;
(1) Sixty Thousand —$60,000.00 may be pafd to MKOC by CIT'Y to reimburse expenditures In
accordance with Exhibit B, for those expenses listed ln Exhibit A both incorporated herein
by reference.
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(2) MKOC will establish, operate, and maintafn an account system for these funds that will
allow for tracking of funds and a revfew of the financial status of the project. The system
will be based on Gene�ally Accepted Accounting Principles.
(3) MKOC will permit authorized CITY officials to review its books at any time.
(4) MKOC 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) MKOC will not enter into any cantracts that would encumber CITY #unds for a period that
would extend beyond the term of this Agreement.
�(6) MKOC wfll 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 directlon.
(7) MKOC wlll appofnt a representative who will be available to meet with CITY officials when
reasonably requested.
(8) MKOC wlll indemnify and hold harmless CITY, Its officers, and employees, from any and
all claims and suits arising out of the project o� activfties of MKOC, its employees, or
contractors.
(9) MKOC will submit to CITY copies of year-end audited financial statements,
4�pERFORMANCE
MKOC wlll provide, oversee, administer, and carry out the activities and services set out in the
SCOPE OF SERVICES in Exhiblt A, utillzing the funds descrlbed in PROGRAM BUDGET fn 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, provisfans, 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 MKOC, The CITY shall pay to MKOC a maximum amount of money not to exceed
Sixty Thousand —$60,000.00 for services rendered under this Agreement. The CITY will pay
these funds on a reimbursement basis to MKOC 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 MKOC or by the end of this Agreement, whichever date is earlier. MKOC'S
fallure 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 Exhlbit B.
C. MKOC reimbursement request for any period will not exceed one-fourth (1/4) of any
budgeted line items for costs as speclfied in Exhibit B without prior written authorization from
the CITY.
D. Excess Payment. MKOC 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:
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(1) has resulted in overpayment to MKOC;
j2) has not been spent stri�tly 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 CI7Y, MKOC will refund such amount to CITY withln ten working
days of a written notice to MKOC, which specifies the amount disallowed. Refunds of
disallowed costs may not be made fram these or any funds received from or through CITY,
F. Reverslon of Assets.
j1) MKOC, 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 reversian of these financial assets shall be in addltion to any other remedy available
to CITY either at law or in equlty for breach of this Agreement.
G. Obligation of Funds.
(1) In the event that actual expenditure rates deviate from MKOC's provision of a
corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the
rlght to �e-app�opr(ate or recapture any such under-expended funds.
(2) If CITY finds that M KOC Is unwilling and/or unable to comply with any of the terms of this
Agreement, CITY may requlre a refund of any and all money expended pursuant to this
Agreement by MKOC, as well as any remaining unexpended funds which shall be refunded
to CITY within ten working days of a written notice to MKOC to re�ert these financial
assets.
�. ���rdIPLN�N�F' 4`�lT�p' ��N��RAL� 5 f'�..a�t�C� L��AI� C,�1�1'�
A. MKOC assures and certifies that it wfll comply with all applicable federal laws, laws of the
State of Texas, and ordinances of the City of Denton.
B. MKOC shall give the CITY and any authorized representative, access to and the right to
reproduce all records belonging to or in use by MKOC pertaining to this Agreement. Such
access shall continue as long as MKOC retains the records. MKOC shall maintaln such records
in an accessible location.
C. MKDC 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 MKOC will be subject to the
requlrements of this Agreement. The MKOC agrees to be responsible to CITY for the
performance of any subcontractor.
7. WARRANTIES
MKOC 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 financlal statements heretofore requested by CITY and furnlshed to CITY, are
complete, accurate, and falrly reflect the ffnanclal conditfon of MKOC on the date shown on
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said report, and the results of the operation for the period covered by the report, and that
sin�e said date, there has been no material change, adverse or otherwise, in the financial
condition of MKOC.
C. No litigatfon or legal proceed(ngs are presently pending or threatened against the MKOC.
D. None of the provisions herein contravene or are in conflict with the authority under which
MKQC is doing business or with the provisions of any existing indenture or agreement of
M KOC.
E. MKOC 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 MKOC is subject to any lien or encumbrance of any character, except
for cur-rent taxes not delinquent, except as shown in Che financial statements and/or other
documents furnished by MKOC to CITY.
G. Each of these representations and warranties shall be contlnuing and shall be deemed to have
been repeated by the submission of each request for payment.
8. MAINTENANC�' fl�' R�.'�����
A. MKOC agrees to malntaln records that will provide accurate, current, separate, and complete
disclosure of the status of the funds received under this A�reement, in compliance with the
provisions of Exhibit A and Exhibit B, attached hereto, and with any other applicable Federal
and State regulatlons establishing standards for financial management.
B. MKOC agrees to retain all books, records, documents, reports, a�d 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 subsectfons shall be construed to relieve MKOC of responsibility for
retalning accurate and current records whlch clearly reflect the level and benefit of services
provlded under this Agreement.
D. At any reasonable time and as often as CITY may deem necessary, the MKOC shall make
available to CITY or any of thefr eutharized 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,
� '�d � CiN hl�a i� � �ll�4l.U�°�"ICd�P
MKOC agrees to participate in a monitoring and evaluation system whereby the services can be
continuously monitored. CITY shall perform monitoring of the MKOC's performances under this
Agreement.
A. MKOC agrees that CITY may carry out monitoring and evaluatlon activities to ensure
adherence by MKOC to the provisions of this Agreement.
B. MKOC agrees to cooperate fully with CITY and provide data determined by CITY to be
necessary for CITY to effectively fulfill its monitoring and evaluation responsibillties.
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C, MKOC 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 CI7Y
staff.
D. MKOC agrees to make available upon request its financia) records for review by CITY at CITY's
discretion. In addition, MKOC agrees to provide CITY the following data and reports, or copies
thereof:
(1) All external or internal evaluation reports.
(2) Performance/beneffciary 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 perlod accounting of all revenues, expenditu�es, outstanding
obligatians, and beginning and ending balances; and
(4) An explanation of any major changes in program services.
E. To comply wlth this sectlon, MKOC agrees to maintain records that will provide accurate,
current, separate, and complete disclosure of the status of funds received and the seroices
performed under thls Agreement. MKOC's record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure. MKOC
agrees to retain all books, records, documents, reports, and written accounting procedures
pertainfng to the services provided and expenditure of funds under this Agreement for the
period of time and under the conditions specified by the GITY, Nothing in the above
subsections shall be construed to relieve MKOC of responsibility for retaining accurate and
current records, which clearly reflect the level and benefit of services, provided under thls
Agreement.
F. Nothing In the above subsectlons shall be construed to relleve MKOC of respnnsiblllty for
retaining accurate and current records that clearly reflect the level and benefit of services
provided under thfs Agreement.
lO.MEETINGS
Upon request, minutes of all meetings of MKOC's governing body shall be available to City within
ten (10) working days of approval.
11. INSURANCE
A. MKOC 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. 7he premises on and in whlch the activlties described in Exhibit A are conducted, and the
employees conducting these activlties, 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 MKOC 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 MKOC, CITY may,
at its sole discretion, approve alternate insurance co�erage arrangements.
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C. MKOC will comply with applicable workers' compensation statues and will obtain employers'
Ilability coverage where available and other appropriate liability coverage for program
participants, if applicable
D. MKOC wlll maintain adequate and contlnuous liability insurance on all vehicles owned,
leased, or operated by MKOC. All employees of MKOC who are required to drive a vehicle in
the normal scope and course of their employment must possess a valld Texas driver's license
and automobile liability insurance. Evidence of the employee's cur�ent possession of a valid
license and insurance must be maintained on a current basis in MKOC's files,
E. Actual losses not covered by insurance as required by thls Section are not allowable costs
under this Agreement and remain the sole �esponsibility of MKOC.
1�, [���A� M�kP�����`'T�,��TY �MVD COMPLIANCE WITH LAWS
A, MKOC shall comply with all appllcable equal employment opportunity and afflrmative action
laws or re�ulations.
B. MKOC will furnish all information and reports requested by City, and will permit a�cess to its
books, records, and accounts for purposes of investigation to ascertain compNance wlth Iocal,
State and Federal rules and regulations.
C. In the event of MKOC's non-compliance with the non-discrimination requirements, the
Agreement may be canceled, terminated, or suspended in whole or in part, and MKOC may
be barred from further contracts with City.
I3. PERSONNEL POLICIES
Personnel policies shall be established by MKOC and shall be available for examination. 5uch
personnel policies shall:
A. Include policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits, vacatfon and sick leave privileges, and travel;
e. Be in wrlting; and
C, Be approved by the governing body of MKOC.
14. CONFLICT OF INTEREST
A. MKOC covenants that nelther 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 thls Agreement. MKOC 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. MKOC 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 MKOC in which he has
direct or indirect interest.
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15. NEPOTI5M
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, mokher, 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, ar 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. MKOC may not make transfers between or among approved line items withln budget
categories set forth in Exhibit 6 without prior written approval of CITY. MKOC shall request,
In writing, the budget revision ln a form prescrlbed 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 A�reement.
C, MKOC will submit revised budget and program information, whenever the level of funding
for MKOC or the program(s) described he�ein 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 5tate, Federal, or local
laws or regulatlons pursuant hereto may occur during the term of thls Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written
amendment hereto, and shall become a part of the A�reement on the effective date specified
by the law or regulatfon.
E. CITY may, from time to time during the te�m of the Agreement, request changes to the
Agreement, which may include a� Increase or decrease in the amount of MKOC's
compensation. Such changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
F. Any alteratlons, deletions, or additions to the program budget incorporated in Exhibit B shall
require the prior written approval of CITY.
G. MKOC agrees to notlfy 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. MKOC shall notify CITY of any changes in personnel or governing board composltion.
I, It is expressly understood that neither the performance of Exhiblt A for any pro�ram
contracted hereunder nor the transfer of funds between or among said programs will be
permitced.
17, TERMINATION,
A. CITY may terminate thls Agreement for cause unde� any of the following reasons or for other
reasons not specifically enume�ated in this paragraph:
(1) MKOC's failure to materially comply with any of the te�ms of this Agreement.
(2) MKOC's violation of �ovenants, agreements, or guarantees of this Agreement.
(3) Termination or �eduction of funding by the CITY.
(4) Ffnding by CITY that the MKOC:
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(a) is in such unsatisfactory financial condition as to endanger performance under this
Agreement;
(b) has allocated inventory to this Agreement substantially exceeding reasonable
requlrements; or
(cj 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 MKOC's
property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation
proceedings by or against MKOC.
j6j MKOC's inability to conform to changes required by Federal, State, and local laws or
regulations as provided in Sectinn 6, and Section 2, of this Agreement.
(7� The commission of an act of bankruptcy.
(8) MKOC's violation of any law or regulation to which MKOC is bound or shall be baund
under the terms of the Agreement.
B. CITY shall promptly notify MKOC in writing of the decision to terminate and the effective date
of terminatfon.
C. CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, MKOC 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 �atio to the total compensation as the servlces
actually performed bears to the total services of MKOC covered by the Agreement, less
payments prevlously made,
D. MKOC may terminate this Agreement in whole or in part by written notice to CITY, if a
termination of outside funding occurs upon which MKOC depends for performance
hereunder. MKOC 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 occasfoned by a breach of contract as defined herein or as defined in a
contract between MKOC and the funding sourte in questfon. MKOC may terminate this
Agreement upon the dissolution of MKOC's organization not occasioned by a breach of thfs
Agreement.
E. Upon receipt of notice to terminate, MKOC shall cencel, withdraw, or otherwlse terminate
any outstanding orders or subcontracts, which relate to the performance of this Agreement.
CI7Y shall not be liable to MKOC or MKOC's creditors fo� any expenses, encumbrances, or
oblfgations 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, MKOC shall
not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of
the Agreement by MKOC, and CITY may withhold any reimbursement to MKOC until such
time as the exact amount of damages due to CITY from MKOC Is agreed upon or otherwise
determined,
1.8.,.. I..N.D.E.M.N I.F I.CAT I.O.N
A. It is expressly understood and agreed by both pa�tfes hereto that CITY is contrecting with
MKOC as an independent contractor and that as such, MKOC shall save and hold CITY, its
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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
omfsslon of any employee, agent, or representative of MKOC.
MKOC agrees to provide the defense for, and to indemnify and hold harmless CITY, its agents,
employees, or cantractors from any and all claims, sufts, 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, MKOC shall not transfer, pledge or otherwise asslgn this Agreement or any interest therein,
or any clalm arlsing thereunder to any party nr partfes, bank, trust company or other financlal
Institution without the p�inr written approval of City.
B, If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining
provfsions shall remain in full force and effect and continue to conform to the original lntent
of both partles hereto.
C, All reports, documents, studies, charts, s�hedules, or other appended documentation to any
proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence, and related materfal submitted by MKOC shall become the properCy of CITY
upon receipt,
D, Debarment; MK�C certifles that it is not Ilsted on the System for Award Management (SAM),
which list the debarred, suspended, or otherwise excluded from or lneligible for participation
in federal assistance programs under Executive Orde� 12549 and 24 CFR Part 24.
E. In no event shall any payment to MKOC hereunder, or any other act or faflure af CITY to insist
in any one or more instances upon the terms and conditions of this A�reement, constitute or
be construed in any way to be a wafver by CITY of any breach of covenant or default which
may then or sub5equently be committed by MKOC. Neither 5hall such payment, act, or
omission in any manner impair or prejudlce any right, power, prlvllege, 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-tles 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 effecc whatsoever, unless properly executed in writing, and if approprlate,
recorded as an amendment of this Agreement.
G. In the event any disagreement or dispute should arise between the parties hereto pertaining
to the interpretatfon or meaning of any pa�t of this Agreement or its governing rules, codes,
laws, ordinances, or regulations, CITY will have the final authorlty to render or to secure an
interpretation.
H. If MKOC provides services to the homeless it is required to:
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(1) Report homeless data to the Homeless Management Information System (HMIS).
Homeless Management Information System �HMIS); HMIS is a countywide data
mana�ement tool designed to facilitate data collection in order to improve human service
detivery throughout Denton County. Participatlon 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 experisncing 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 af
homelessnes5. Participation is also critical to help Denton and Denton County suCcessfully
compete for grants for federel funding, such as the U.S. Department of Wousing and Urban
Development's homeless assistance funds.
(2) Participate in the Denton County Homeless Leadershlp 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 requlred to �reate systems change for housing/homelessness initiatives
in Denton County. Further, MKOC is encouraged to work in partnership with fellaw 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
af this Agreement shall be deemed to have heen delivered, whether actually received or not,
when deposited in the United States mail, postage prepaid, registered or certified, return
receipt requested, or vfa hand-delivery or facsimile, addressed to MKOC or City, as the case
may be, at the followin� addresses;
TU CITY: TO MKOC;
City Manager Monsignor King Outreach Center
City of Denton Attn: Executive Director/CEO/Commander
215 E. McKin�ey 300 South Woodrow Lane
Denton, Texas 76201 Denton, TX 76205
w/ a copy to:
Catherine Clifton, Deputy City Attorney
215 E. McKinney
Denton, TX 76201
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.
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�
w�N "iY��d���"� t�F '�'V�I�I� �q�Mls Agreement has been executed on this the _� �����,����N�� �a�
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CITY OF DENT�N:
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TODD HILEMAN,
CITY MANAGER
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CITY SECRETARY
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Department
Date Slgned: __��" � �.� � � ____..
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Monsignor King Outreach Center:
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TITLE: �,� Q,VU�hU � � ( 1 �,
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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 indlvldual or famlly experiencing homelessness move as qulckly 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 veri�ed 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 Asslstance (maximum 6 monchs)
(4) Flnancial Assistance �annot be paid dlrectly to the client, only on behalf of the cllent tn 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, Habitabllity documented prior to any lease agreement being executed. The structure
and materials must be structurally sound to protect �esidents from the elements and
not pose any threat to the health and safety of the residents. MKOC will have a
procedure in place to ensure that habitability is documented priorto 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 relatlon to rents being charged for comparable
unassisted units in the same market. MKOC will have a procedure in place to ensure
that compliance wlth rent reasonableness standards is documented prlor to executing
a lease for an assisted unit.
d. Fair Market Rent calculation is not required but all efforts to ensure the housing unit
wlll be affnrdable to the client(s) once assfstance ends must be doeumented.
e. Unit should have adequate number of bedrooms for the number of
household/roommates.
B. Tracking nutpuCs/outcome measures will be a tonl by which the CITY and the MKOC can measure
servlces 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 mafntain housfng for 3 months after Rapid Re-Housing Assistance ends
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Exhibit B
Budget
MKOC shall provide the services listed in this Agreement within the monetary limits attached hereto
and incorporated by reference hereln. In no event shall compensation to the MKOC exceed the lesser
of the MKOC's costs atCributable to the work performed as stated herefn, or sum of Sixty Thousand
Dollars ($60,000).
MKOC will submlt monthly reimbursement requests for financial assistance, MKOC wlll be
reimbursed for eligible expenditures (Section A.) for financial assistance provided to eligible clients
as described in Exhlbit A. Scope of Servlces and supported with written documentaCion verifying the
expense was both fncurred and pald {Section B.) within the term of the agreement and prlor to the
request for reimbursement.
A. Allowable Expenditures
Application Fees, Deposits and Rental Assitance
Total Allocation
B. Relmbursement requests must include:
(1) Client List, numbered with unlque HMIS identffier (at least quarterly)
(2) Invnice/Receipt/Lease agreement (isting monthly rent
(3) Proof of payment (copy of check wlth check number or bank statement)
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