20-1600ORDINANCE NO.20- 1600
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND DENTON COUNTY
FRIENDS OF THE FAMILY, INC. TO PROVIDE COMMUNITY DEVELOPMENT BLOC'K
GRANT FUNDS FOR A DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROGRAM IN
DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EX(_'EED
$40,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received certain funds from the U.S. Department of Housing and
Urban Development (“HUD”) under Title I of the Housing and Community Development Act of
1974, as amended; CDBG Program, CFDA Number 14-218; and
WHEREAS, the City has adopted a budget for such funds and included therein an authorized
budget for expenditure of funds; and
WHEREAS, the City has designated the Community Development Division as the division
responsible for the administration of this Agreement and all matters pertaining thereto; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The City Manager is hereby authorized to execute the attached Agreement
between the City of Denton and Denton County Friends of the Family, Inc. to provide financial
assistance for a Domestic Violence and Sexual Assault Program.
SECTION 3. The City Council hereby authorizes the City Manager to expend funds in
the manner and amount specified in the Agreement, not to exceed $40,000.00, and to take any
other actions necessary to complete the City’s obligations under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by +ko \ Me if acr and
seconded by yoKo Ryan , the ordinance was passed and approved bythe following vote a -a :
Aye Nay Abstain Absent
V/Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
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JDeb Armintor, At Large Place 5
Paul Meltzer, At Large Place 6:AZ
PASSED AND APPROVED this the Q:7 tJ~ day of O c+ob eC , 2020.
F
Gerard Hudspeth, Mayor Pro Tem
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY
2020-2021 COMMUNITY DEVELOPMENT BLOCK GRANT SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
DENTON COUNTY FRIENDS OF THE FAMILY? iNCe
This Agreement is hereby entered into b)' and between the City of Denton. a Texas municipal corporation. acting b)
and through its City Manager. hereinafter referred to as -'CITY." and Denton County Friends of the Famijy Inc., P.O.
Box 640 Denton. TX 76201. hereinafter referred to as "SUBRECIPIENT."
\\’HERE AS. CITY has received certain funds from the U.S. Department of Housing and tJrban Development
(--HUD--) under Title I of the Housing and Conllnunity Developnrent Act of 197+. as amended: CDBG Program.
CFDA Number 1 +-2 1 8: and
WHEREAS. CITY has adopted a budget for such funds and included therein an authorized budget hr expenditure of
funds: and
WHEREAS, CITY has designated the Community Development Division as the division responsible for the admin-
istra£ion of this Agreement and all nlatters pertaining thereto:
NOW. TIIEREFORE. the parties hereto agree. and by the execution hereof are bound to the mutual obligations and
to the performance and accolnplishnrent of the conditions hereinafter described.
I. TERM
This Agreelnent shall conlnlence on or as of October 1 , 2020. and shall terminate on September 30. 2021. unless
sooner terminated in accordance u'ith Section 35 -Termination
2_ RESPONSIBILITIES
SUBRECIPIENT hereb) 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 SUBRECIPIENT-s execu-
tive offIcer to be SUBRECIPIENT's representative responsible for the management of all contractual matters per-
taining hereto. unless written notification to the contrary is received from SUBRECIPIENT and approved by CITY
The CITY-s Community Services Manager will be CITY-s representative responsible for the adnlinistration of this
Agreement. Beneficiaries of the activities to be provided hereunder must reside in the City of Denton and
SUBRECIPIENT certifies that the activities carried out with these funds shall meet the Community Development
Block Grant (-'CDBG-) program-s National Objective of benetlt to low and moderate-income persons.
SLIBRECIPI ENT shall provide services to persons whose income is equal to or lower than 80% of the median income
of the Dallas standard metropolitan statistical area. To accomplish this, the SUBRECIPIENT shall use the current
applicable income limits published by HUD for lower inconre housing assistance under Section 8 of the United States
Housing Act of 1937. herein attached as Exhibit C. Income eligibilit) shall be determined by the sum of the gross
income of all individuals residing in the household. Services must be provided directly to or on behalf of specific
identified eligible clients. Eligibility documentation must be included in each client's file and updated at least once
during the contract period.
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3. OBLIGATIONS
consideration of the receipt of funds from HUD, CiTY agrees to the following terms and conditions
Limit ofLiabiiit\, CITY \\ill reimburse SUBRECIPIENT for expenses incurred pursuant to and in accordance
with the Project Budget attached hereto as Exhibit B and the Scope of Services herein attached as Exhibit A and
incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all pay-
ments and other obligations made or incurred b) CITY hereunder shall not exceed the sum of Forty Thousand
Dollars (S 40,000.00)
Measure of Liability. In consideration of full and satisfactor\' services and activities hereunder by
SUBRECTPI ENT and receipt of a requisition for payment with appropriate documentation of expenditures. CITY
shall make payments to SUBRECIPIENT based on the Budget in Exhibit B. subject to the lilnitations and provi-
sions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon cel{incation of
the SUBRECIPIENT-s financial management system in accordance with the standards specified in 2 CFR Part
200. Uniform Administrative Requirements. Cost Principles. and Audit Requirements for Federal Awards
( 1 ) The pariies expressly understand and agree that CITY-s obligations under this Section are contingent upon
the actual receipt of adequate CDBG funds to meet CITY-s liabilities under this Agreement. If adequate
funds are not available to make payments under this Agreement. CiTY shall notify SUBRECIPIENT in writ-
ing within a reasonable time after such fact has been determined. CITY ma\,'. at its option, either reduce the
amount of its liability or terminate the Agreement. If funds eligible for use for purposes of this Agreement
are reduced. CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement,
(2) it is expressly understood that this Agreement in no way obligates the General Fund or any other monies or
credits of the Ciry of Denton.
(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 :
(cl is not in strict accordance with the terms of this Agreement. including all exhibits attached hereto;
(d) has not been billed to CITY within 90 calendar days following billing to SUBREC[PIENT. or termi-
nation of the Agreement, whichever date is earlier; or
(e) is not an allowable cost as defined by Section 1 0 of this Agreement or the project budget
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activjty of
SUBRECIPIENT requiring prior written authorization from CITY. or after CiTY has requested that
SUBRECIPIENT furnish data concerning such action prior to proceeding further. unless and until CITY
advises SUBRECIPIENT to proceed.
(5) CiTY shall not be obligated or liable under this Agreement to an\' party other than SUBRECrPiENT for
payment of any monies or provision of any goods or services.
SUBRECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY. the SUBRECIPIENT
agrees to the following terms and conditions:
( 1 ) Forty Thousand Dollars (S 40.000.00) may be paid to SUBRECIPIENT by CITY. and the only expenditures
reimbursed from these funds shall be those in accordance with the Project Budget. in Exhibit B. for those
expenses listed in the Scope of Services as provided herein. SUBRECIPIENT shall not utilize these funds
for any other purpose.
(2) SUBRECIPI ENT will establish. operate. and maintain an account system for this program that will allo\v for
a tracing of funds and a review of the financial status of the program. The system will be based on generaljy
accepted accounting principles as recognized by the American Institute of Certified Public Accountants.
(3) SUBRECIPIENT will permit authorized officials of CITY to review its books at any time.
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(+) SUBRECIP IENT will reduce to writing all of its rules. regulations. and policies and file a cop) with CITY’s
Community Development Office along with any alnendlnen ts. additions. or revisions upon request
(5) SUBREC[PrEN'T will not enter into an\' contracts that \vould encumber CITY funds for a period that would
extend beyond the term of lhis Agreement
(6) SUBREC[PIENT will promptly pay all bills when submitted unless there is a discrepancy in a bill: any errors
or discrepancies in bills shall be prolnptly reported to CITY-s Community Development Division for fur{hei
direction
(7) SUBRECIP IENT u-iII appoint a representative who will be available to meet with CITY officials when re-
guested
{8) SUBRECIPIENT will indemnify and hold harmless CITY, its oftlcers. and employees. from any and al
claims and suits arising out of the activities of SUBRECIPIENT, its employees, and/or contractors
(9) SUBRECIPIENT will submit to CITY copies of year-end audited tlnanciai statements.
J. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of the
Cib- of Denton
SUBREC-!PIENT agrees to abide by the conditions of and comply with the requirements of the Office of Man-
agement 2 CFR Part 200. Uniform Administrative Requirements. Cost Principles. and Audit Requirentents for
Federal Awards
SL-BRECIPI ENT shal i give the CITY. HUD. the Comptroller General of the United States, [he Auditor of the
State of Te\as. and an)- authorized representative. access to and the right to reproduce all records belonging to or
in use by SUBRECIPIENT pertaining to this Agreement, Such access shall continue as long as SUBREC IP IENT
retains the records. SUBRECtPIENT shall maintain such records in an accessible location
SL;BRECIPIENT shall refrain from entering into any subcontract for services u'ithout prior approval in writing
by C[TY of the qualifications of the subcontractor to perform and meet the standards of this Agreement. All
subcontracts entered into by the SUBRECIPIENT will be subject to the requirements of this Agreement. The
SUBRECIPIENT agrees to be responsible to CITY for the perfornlance of any subcontractor,
SUBRECIPI ENT shall not use funding under this Agreement to influence the outcome of elections or the passage
or defeat of an)' legislative measures. SUBRECIPIENT understands that funds provided to it pursuant to this
Agreement are funds \vhich have been made available to CITY by the Federal Government (U.S. Department of
Housing and Urban Development) under the Housing and Conrnruni{}' Development Act of 1 974. as amended.
in accordance with an approved Grant Application and specific assurances. Accordingi) . SUBRECIPI ENT as-
sures and certifies thai it will colnply with the requirements of the Housing and Community Development Act of
1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The
foregoing is in no \yay meant to constitute a complete conrpilation of all duties imposed upon SUBREC[PIENT
bv law or administrative ruling. or to narrow the standards which SUBRECIPIENT must follow
SUBRECIPIENT Further agrees and ceNifies that if the regulations and issuances promulgated pursuant to the
Act are amended or revised. it shall comply with them. or notify CITY. as provided in Section 23 of this Agree-
in ent
SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in
24 CFR 570.502 and 24 CFR 570 subpart K n’itIl the exceptions noted belou'
( 1 ) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 570.604.
(2) SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the pro-
visions of 24 CFR Pall 52
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H, SUBREC[PIENT agrees to comply with the provisions of Section 3. the regulations set forth in 24 CFR 135. and
all applicable rules and orders issued hereunder prior to the execution of this Agreement. The SUBRECIPIEN’F
certines that no contractual or other disabilit} exists which would prevent compliance with these requiremenls.
5. REPRESENTATION S
SUBRECIPIENT assures and guaraniees 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.
The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT. do hereby warrant
and guarantee that he. she, or they have been full)' authorized by SUBRECIPIENT to execute this Agreement on
behalf of SUBRECIPIENT and to validly and legaljy bind SUBRECfPIENT to all terms. perforlnances. and
provisions herein set fotTh
CITY shall have the right. at its option. to either temporarily suspend or permanen{ly terminate this Agreement
if there is a dispute as {o the legal authority of either SUBRECIPIENT or the person signing the Agreement to
enter into this Agreement. SUBRECIPIENT 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
SL'BRECIPIENT agrees that the funds and resources provided SUBRECIPI ENT under the terms of this Agree-
ment \\'iII in no way be substituted for funds and resources from other sources. nor in any \vay serve to reduce
the resources. services. or other benefits which would have been available to, or provided through.
SUBRECIPIENT had this Agreement not been executed
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6. PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will pro\ ide. oversee. administer. and carry out the activities and services set out in the SCOPE OF
SERVICES. in Exhibit A, utilizing the funds described in Exhibi{ B. deemed by both parties to be necessary and
sufficient paylnen{ for full and satisfactory performance of the program. as determined solejy by CiTY and in ac-
cordance 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 Services
Manager.
7. PAYMENTS
Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPTENT a ma\imun1 amount of money not to
exceed Forty Thousand Dollars (840.000.00) for services rendered under this Agreement. The CiTY will pay
these funds on a reinrbursement basis to SUBRECIPIENT within twenty-one days after CITY has received sup-
porting documentation of eligible expenditures. Documentation of expenditures must be submitted to the Com-
muniE}' Development Division by dates required by Community Development. SUBRECIP IENT-S failure to
provide the information on a timely basis may jeopardize present or future funding.
Funds are to be used for the sole purpose of providing the services described in the Scope of Services in Exhibit
A and based on the Budget in Exhibit B
SUBRECIPIENT’s reimbursement request for any one-month period wi11 not exceed one-fourth (1.’+) of any
budgeted line items for costs as specified in Exhibit B without prior written authorization from the CITY
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D E\cess Pa\'men I. SUBRECIPFENT shall refund to CITY wiih in 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:
( t ) has resulted in overpayment to SUBRECIPIENT= or
(2) has not been spent strictly in accordance with the {erms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure,
Disallowed Costs, Upon termination of this Agreement, should an)- expense or charge for which payment has
been made be subsequently disallowed or disapproved as a result of any auditing or lnoni{oring bv CiTY. the
Department of Housing and Urban Development. or any other Federal agency. SUBRECIPIENT will refund such
anrount to CITY within ten working days of a written notice to SUBRECIPIENT. 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
( 1 ) SUBRECIPIENT. upon expiration of this Agreement. shall transfer to the CITY any funds on hand at the
time of e\piration and any accounts receivable attributable to the use of funds.
(2) The reversion of these financial assets shall be in addition to any other rerned\’ available to CITY either at
law or in equity for breach of this Agreement
Obljgation of Funds
( 1 ) in the event that actual expenditure rates deviate from StJBREC[PIENT-s provision of a corresponding level
of performance. as specifIed in Exhibit A. CITY hereby reserves the right to reappropria te or recapture any
such under expended funds.
(2) if CITY finds that SUBRECIPIENT is unwilling and/or unable to comply u-ith any of the [crms of this
Agreement. CiTY may require a refund of an)- and all money expended pursuant to this Agreement by
SUBRECIPIENT. as \veII as any remaining unexpended funds which shall be refunded to CITY within ten
working days of a written notice to SUBRECIPIENT to revert these financial assets
Contract Close Out_ SUBRECIPIENT shall submit a final expenditure report. for the time period covered by the
last invoice requesting reimbursement of funds under this Agreement. within 1 5 working days following the close
of the Agreement period
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8. WARRANTIES
SUBRECiPI ENT 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 statenrents heretofore requested b)' CiTY and furnished to CiTY. are complete. accu-
raie. and fairly reflect the financial condition of SUBRECIPI ENT 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 other\\’ise, in the financial condition of suBREcr p IENT
C. No litigation or legal proceedings are presently pending or threatened against the SUBRECIPIENT.
D. None of the provisions herein contravene or are in conflict \with the authority under which SUBRECIPIENT is
doing business or with the provisions of any existing inden lure or agreement of SUBRECIPI ENT.
E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder. and has taken at
necessary action to authorize such acceptance under the terms and conditions of this Agreement.
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F. None of the assets of SUBRECIPIENT is subject to any lien or encumbrance of any character. e\cept for current
taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY
G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by
the subnliss ion of each request for payment.
9. COVENANTS
During the period of time that payment may be made hereunder and so long as any payments remain unliquidated.
SUBRECIPI ENT shall not. without the prior u’ritten consent of the Community Services Manager or her author-
ized representative
( 1 ) Mortgage. pledge, or otherwise enculnber or suffer to be enculnbered. any of the assets of SUBREciPrENT
no\\ owned or hereafter acquired by it, or permit any pre-existing mollgages. liens. or other enculnbrances
to remain on. or attached to, any assets of SUBRECIPIENT 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 a substantial part of its assets.
( 4) Make any advance or ioan to. or incur any liability for any other firm. person. enti{y. or corporation as guar-
antor. surety, or accommodation endorser
(5) Sell. donate_ loan_ or transfer any equipmenr or item of personal property purchased with funds paid to
SUBRECIPIENT bv CITY. unless CITY authorizes such transfer
SUBRECTPIENT agrees, upon written request by CITY. to require its employees to attend (raining sessions
sponsored by the Community Development Division
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10. ALLOWABLE COSTS
Costs shall be considered allowable only if incurred directly and specitlcally in the performance of and in com_
pliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B.
Approval of SUBRECIPIENT's Budget. Exhibit B. does not constitute prior written approval. even though c'er_
iain items may appear herein. CITY's prior u'ritten authorization is required in order for the fbllowing to be
considered allowable costs:
( 1 ) Encumbrances or expenditures during an) one-month period which exceeds one-fourth ( 1 '4) of the total
budget as specified in Exhibit B
(2) CITY shall not be obligated to any third parties. including any subcontractors ofSUBREC[PIENl-, and CiTY
funds shall not be used to pay for an)' contract service extending beyond the expiration of this Agreement.
(3) An)- alterations or relocation of the facilities on and in which the activities specified in Exhibit A are con_
ducted:
( 4) Any alterations. deletions, or additions to the Project Budget Detail incorporated in Exhibit B;
(5) Costs or fees for temporary employees or services:
(6) Any fees or payments for consultant services: and
(7) Fees for attending out of town meetings, seminars. or conferences
Written requests for prior approval are SUBRECIPIENT's responsibility Lind shall be made within sufficienT time
to permit a thorough review by CITY. SUBRECTPI ENT must obtain written approv,it by CITY prior to the com_
mencement of procedures to solicit or purchase services or personal property. Any procurement or purchase
which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with
the provisions of this Agreement.
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D. Expenditures will not be reimbursed to the SUBRECIPIENT for the purchase of real propen y' or equipment,
These are not allowable costs under £his agreement.
II. PROGRArVI INCOfVIE
For purposes of this Agreement, Program Income means earnings ofSUBRECIPIENT realized from activities
resulting from this Agreement or from SUBRECIPI ENT-s management of funding provided or received hereun-
der, Such earnings include, but are not :imited to, income from interest. usage or rental or lease fees. income
produced from contract-supported services of individuals or etnployees or from the use or sale of equipment or
facilities of SUBRECIPIENT provided as a result of this Agreement, and paymen£s from clients or third parties
for services rendered by SUBRECIPIENT under this Agreement.
SUBRECIPIENT shali maintain records of the receipt and disposition of Program Income in the same manner as
required for other contract funds, and reported {o CITY in the format prescribed by CITY. CITY and
SUBRECIPIENT agree that any fees collected for services performed bY SUBREC{PIET\1T shall be used for
pa)-ment 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 and the regulations found at CFR, Section 570.504
SUBRECIPIENT shall include this Section in its entirety in all of its sub-contracTS which involve other income-
producing services or activities
It is SUBRECiPIENT-s responsibility to obtain from CiTY a prior determination as to whether or not income
arising directly or indirecli)' from this Agreement. or the perfonnance thereof. constitutes Program income.
SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be
Progranr Income, unless otherwise approved in writing by CITY
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12. MAINTENANCE OF RECORDS
SUBRECIPI ENT agrees to maintain records that u-iII 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. SUBRECIPIENT-s expenditures of funds made under this Agreement \vi!! conform to (2
CFR $200) Uniform Administrafive Requirements Cost Principles. and Audit Requirements for Federal Awards
as the) pertain to costs incurred. audits, program income, administration, and other activities and functions.
SUBRECIPIENT-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 SUBRECIPIENT of fiscal
accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT
shall include the substance of this provision in all subcontracts‘
SL’BRECIPI ENT agrees to retain all books. records. documents. reports. and written dccounting procedures per-
taining 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
Nothing in the above subsections shall be construed to relieve SUBREC IPIENT of responsibili ry for retaining
accurate and current records which clearly reflect the level and benefit ofservices provided under this Agreement.
At any reasonable time and as often as CITY ma*,' deem necessary. the SUBRECIPIENT shall make available to
CITY. FIUD. or any of their authorized representatives. al] of its records and shall permit CITY. HUD. or an\.’ of
their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct
audits of all contracts. invoices. materials. pay-rolls, records of personnel. conditions of emplOYment_ and all other
data requested by said representatives.
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13, REPORTS AND INFORMATION
At such times and in such form as CITY may require_ SUBRECIPIENT shall furnish such statements. records. data,
and information as CITY may request and deenr pertinent to nlattel-s covered by this Agreement. SUBRECIPIENT
shall submit beneficiary and financial reports to CITY no less than once every {hree months. The beneficiary report
shall detail client information. including race. ethnicity. income. female head of household. and other statistics re-
quired b)’ CITY. The financial repon shall include information and data relative to all programmatic and financial
reporting as of the beginning date specified in Section I of this Agreement. Unless the CITY has granted a u-ritten
c\emption. SUBRECIPIENT shall submit an audit conducted by independent e\aminers in accordance with Gener-
ally Accepted Accounting Principles. If the SUBRECIPIENT expends more than 5750.000 in federal funding. the
audit must be conducted in accordance with OMB 2 CFR Part :00. as applicable \vithin thin) days after receipt of
such audit
It MONITORING AND EVALUATION
SUBRECIPIENT agrees to participate in a monitoring and evaluation system whereby the services can be continu-
ously monitored. CITY shall perform monitoring of the SUBRECIPIENT-s performances under this Agreement.
A. SUBRECIP IENT agrees that CiTY may carly out monitoring and evaluaTion activities to ensure adherence bv
SUBRECIPI ENT to the Scope of Services. Program Goals. and Objectives, which are attached hereto as Exhibit
A. as well as other provisions of this Agreement
B. SUBRECIPI ENT 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. SUBRECIPIENT agrees to cooperate in such a nay so as not to obstruct or delav CiTY in such monitoring and
to designate one of its staff to coordinate the monitoring process as requested by CiTY staff.
D, SUBRECTPIENT agrees to make available its financial records for review by CITY at CITY’s discretion. In
addition. SUBREC-IPI ENT agrees to provide CITY the following data and repolls. or copies thereof:
( 1 ) All external or internal evaluation reports:
(2) Performanc_e/beneficiary reports to be submitted in the schedule published by the CITY's Colnmtlnitv De-
velopment Division. Reports shall include such information as requested by the CITY-s Community Deve}-
opment Division including but not limited to: number of persons or households assisted. race. gender. disa-
bility status. and household income. Beneficialy reports shal] be due to CITY within 15 working days after
the conrplction of required reporting period. SUBRECIPIENT agrees to submit financial statements no less
than once even' three months. Each statement shall include current and year to date period accounting of all
revenues, expenditures. outstanding obligations. and beginning and ending balances. Financial reports shall
be due to CITY within 15 working days after the completion of required reporting period: and
(3) An explanation of any major changes in program services
E. To comply with this section. SUBRECIPIENT agrees to maintain records that will provide accurate. current.
separate, and conlplete disclosure of the status of funds received and the services performed under this Agree-
ment. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full suppon
and justification for each expenditure. SUBRECIPIENT agrees to retain all books. records. documents. reports,
and written accounting procedures perTaining to the services provided and e\penditure of funds under this Agree-
ment for the period of time and under the conditions specified by the CITY. Nothing in the above subsections
shall be construed to relieve SUBREC[PIENT of responsibiliry for retaining accurate and current records, which
clearly reflect the level and benefit of services. provided under this Agreemen{.
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F After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT \\;itIl a written report of mont-
tot-ing findings_ documenting findings, and concerns that will require a written response to the CITY. An accepia-
ble response must be received b)- the CITY within 60 days from the SL’BRECIPIENT-s receipt of the monitoring
report or audit review letter. Future contract paynlents can be u’-ithheld for the SUBRECIPIENT-s failure to
submit a response within 60 days.
SUBRECTPIENT shall submit copies of any fiscal. management. or audit reports by any of the
SUBRECIPIENT's funding or regulatol} bodies to CITY within ten working days of receipt by the
SUBREC IPI ENT
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15. DIRECTORS’ MEETINGS
During the term of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices ot
meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY
in a limel} manner to give adequate notice. and shall include an agenda and a brief description of the matters to be
discussed, SUBRECIPIENT understands and agrees rhat CITY representatives shall be afforded access to all of the
Board of Directors- meetings. Minutes of all meetings of SUBRECIPIENT's governing body shall be available to
CITY within ten days after Board approval
16. INSURANCE
SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance
as would provide adequate coverage for services offered under this Agreement.
The premises on and in which the activities described in Exhibit A are conducted. and the einployees conducting
these activities. shall be covered by premise liability insurance. commonly referred to as "Owner/Tenant" cover-
age. with CITY named as an additional insured. Upon request of SUBRECIPiENT. CiTY may. at its sole discre-
lion. approve alternate insurance coverage arrangements
SUBRECIPI ENT will colnply with applicable \yorkers- conrpensation statues and will obtain elnplovers- liability
coverage where available and other appropriate liability coverage for program participants. if applicable
SUBRECIPIENT will nraintain adequate and continuous liability insurance on all vehicles owned. leased, or
operated by SUBRECIPIENT. All employees of SUBRECIPIENT 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 SUBRECIPIENT’s tIles
Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement.
and remain the sole responsibility of SUBRECIP IENT.
The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be
notified in writing of any cancellation or change in the policy at least 30 da\,'s prior to such change or cancellation.
A
B,
C.
D
E.
F.
17. CIVIL RIGHTS / EQUAL OPPORTUNIT\
SUBRECIPIENT shall comply \ with all applicable equal employment opportunity and aftlrmative action laws or
regulations. The SUBRECIPIEN'I- shall not discrinrina te against any employee or applicant for empjoyment
because of race. color, creed, reljgjon, national orjgjn, gender. age. or disabilit\'. The SUBRECIPIENT \viII 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 re-
cruitment advertising. lay-off. termination. rates of pay or other forms of compensation. and selection for training.
ncluding apprenticeship.
Page 9 of 22
A
B.SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws Ol
regulations, The SL’BRFCiPI ENT agrees to comply with Title VI of the Civil Rights Act of 196+ as amended.
Title VIiI of the Civil Rights Ac£ of 1968 as amended. Section 104(b) and Section 109 of Title I of the Housing
and Colnnlunit).' Development Act of 1 97+ as amended. Section 504 of the Rehabilitation Act of 1 973, the Amen
icans with Disabilities Act of 1 990, the Age Discrimination Act of 1975, Executive Order 1 1 063 and Executive
Order 1 1246 as amended by Executive Orders I t 375 and 1 2086
SUBRECIPIENT 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 conrpliance with local. state, and Federal
rules and regulations
In the event of SUBRECIPIENT's non-colnpliance with the non-discrinlination requirements. CITY may cancel
or terminate the Agreement in \\'hole or in pan_ and SUBRECIPIENT ma)' be barred from fulther contracts with
CIT\
C.
D
18. PERSONNEL POLICIES
Personnel policies shall be established by SUBRECIPI ENT and shall be available for examination. Such personnel
policies shall
A. include policies u'ith respect to employment, salal} and wage rates, working hours and holidays. fringe benefits.
vacation and sick leave privileges, and travel:
B. Be in writing: and
C. Be approved b)- the governing body of SUBRECIPIENT.
19. CONFLICT OF INTEREST
SUBRECIPI ENT covenants that neither it nor any member of its governing body presently has an\' interest. direct
or indirect. which would conflict in any manner or degree with the performance of services required to be per-
formed under this Agreement' SUBRECIPIENT further covenants that in the performance of this Agreement.
no person having such interest shall be employed or appointed as a nlembel' of its governing body
SUBRECIPI ENT further covenants fhat no member of its governing body or its staff. subcontractors. or empjoy-
ees 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. particular ty those with which he,she has hmi 1) .
business, or other ties.
No officer. member. or employee of CITY and no member of its governing body who exercises an\ function or
responsibilities in the revieu' 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 in{erest or the interest in any corpo-
ration_ partnership, or association in which he or she has a direct or indirect interest.
A
B
C
20. NEPOTISM
SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the immediate familv of any
person who is currently employed by SUBRECIPI ENT. or is a lnelnber of SUBRECIPIENT's governing board. The
term -member of immediate family- includes: wife, husband, son, daughter= mother. father, brother, sister. in-la\vs
aunt. uncle. nephew'. niece. stepparent. stepchild. half-brother. and halnsister.
21. POLITICAL OR SECTARIAN ACTIVITY
Neither the funds advanced pursuant to this Agreement, nor any personnel which ma\' be empjoyed by the
SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in an}' way or to any extent engaged
in any conduct or political activity in contravention of Chapter 1 5 of Title 5 of the United States Code.
Page 10 of 22
A
B
C
The SUBREC[PIENT is prohibited from using funds provided herein or personnel employed in the administra-
tion of the program for: politica£ activities: sectarian or religious activities, lobbying. political patronage_ or nep-
otism activities
The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agree-
ment shall be used for any partisan political activity or to further the election or defeat of any candidate for public
office. or for publicit\-, lobbying. and,’or propaganda purposes designed to suppori or defeat pending legislation
Employees of the SUBREC[PIENT connected with any activity that is funded in whole or in part by funds pro-
wide(I to SUBRECIPIENT under this Agreement may not under the term of this Agreement:
( i ) Use their official position or influence to affect the outcome of an election or nomination:
(2) Solicit contributions for political purposes: or
(3) Take an active part in political management or in political campaigns.
SUBREC[PIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit D and it
necessary, the Disclosure of Lobbying Activities provided by the CITY.
D
22. PUBLICiTY
Where such action is appropriate, SUBRECTPIENT shall publicize the activities conducted by SUBRECIPIENT
under this Agreement that the U,S, Department of Housing and Urban Developlnent's Community Development
Block Grant Progr,un funding through the City of Denton has contributed to make the project possible,
All published material and written reports submitted under this project must be originally developed material
unless other\\'ise specifically provided in this Agreemenf. 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
All published material submitted under this project shall include the foIIo\ving reference on the front cover or
title page:
This document is prepared in accordance with !he CiR of Denton 's Cornmuniiv Developnrent Block Grant
Program. \rilh funding received f’rom the United States Department of Housing and Urban Development.
All reports. documents. studies, charts. schedules, or other appended documentation to any proposal. content of
basic proposal. or contracts and an) responses, inquiries, correspondence and related material submitted b\’
SUBRECIPI ENT shall become the property of CITY upon receipt.
A
B
C.
D
23. CHANGES AND AMENDMENTS
Any alterations_ additions. or deletions to the terlns of this Agreement shall be bv written amendment executed
b)' both parties. except when the terms of this Agreement expressly provide that another method shall be used
SUBRECIPIENT may not make transfers between or among approved line items within budget categories set
forth in Exhibit B without prior u’ritten approval of CITY, SUBRECIPIENT shall request. in writing. the budget
revision in a form prescribed by CITY. and such request for revision shall not increase the total monetatv obii-
gation of CITY under this Agreement. In addition. budget revisions cannot significantly change the nature. intent.
or scope of the program funded under this Agreement.
SUBRECIPIENT \viiI submit revised budget and program information. \vhenever the level of funding for
SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any
portion of Exhibit B.
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 autolnaticall)
A
B
C
D
Page 11 of 22
incorporated into this Agreement without written amendment hereto. and shall become a pan of the Agreement
on the effective date specified by the law or regulation
CITY may, from time to time during the term of the Agreement. request changes to the Agreement. which ma\
include an increase or decrease in the amount of SUBRECIPFENT's compensation. Such changes shall be incor-
porated in a written amendment hereto. as provided in Subsection A of this Section.
Any alterations. deletions. or additions to the Progran1 budget incorporaled in Exhibit B shall require the prior
written approval of CiTY
SUBRECIPIENT 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
SUBRECIPIENT shall notify CITY of any changes in personnel or governing board colnposition
[t 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
E.
F.
G.
H
[
24. SUSPENSION OF FUNDING
Upon determination by CITY of SUBRECIPIENT-s failure to timely and properly perform each of the requirements,
time conditions. and duties provided herein. CITY, without limiting any rights it may other\vise have, may. at its
discretion. and upon ten working days written notice to SUBRECIPiENT. withhold further payments to
SUBRECIPIENT. Such notice nray be given by mail to the Executive Oftlcer and the Board of Directors of
SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period
of such suspension shall be of such duration as is appropriate to accolnplish corrective action. but in no event shall it
exceed 30 calendar days. At the end of the suspension period. if CITY determines the default or deficiency has been
salistled. SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or im-
pounded during the suspension period. If however, CiTY determines that SL'BREC IPIENT has not come into com-
pIiance. the provisions of Section 25 ma\' be effectualed,
25. TERMINATION
CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not spe-
cincally enumerated in this paragraph:
( 1 ) SUBRECIPIENT-s failure to attain compliance during an)- prescribed period of suspension as provided in
Section 24
(2) SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement.
(3) SUBRECIPIENT-s violation of covenants, agreements. or guarantees of this Agreement
(+ ) Termination or reduction of funding by the CITY or HUD.
(5) Finding b)' CITY that the SUBRECIPIENT
(6) is in such unsatisfactory tlnancial condition as to endanger perforlnance under this Agreement:
(7) has allocated inventory to this Agreement substantially exceeding reasonable requirements: or
(8) is delinquent in payment of taxes or of costs of performance of this Agreement in the ordinary course of
business
(9) Appointment of a trustee. receiver. or liquidator for all or substantial part of SUBRECIPrENT-s property. or
institution of bankruptcy, reorganization. rearrangement of, or liquidation proceedings by or against
SUBRECIPI ENT
( IOI SUBRECIPiENT-s inability to conform to changes required by Federal, State. and local law;s or regulations
as provided in Section 4. and Section 2. of this Agreement‘
( 1 ! ) The commission of an act of bankruptcy
Page 12 of 22
A
( 1 :) SUBR[CIP IENT-s violation of any law or regulation to which SL-BRECIPIENT is bound or shall be bound
under the terms of the Agreement.
CITY sha1 i promptl}' notify SL'BRECtPIENT in writing of lhc decision to terminate and the effective date of
terlrl I nation .
CITY rna\' terminate this Agreement for convenience at any time. If CITY terminates this Agreement for con-
venierice. SUBRECIPIENT 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 e\ceed an amount which bears the same ratio
to the total compensation as the services actually performed bears to the total services of SUBRECIPI ENT coy-
ered by the Agreement. less payments previously made,
SUBRECIP IENT lnav terminate this Agreement in u-hole or in part by \\-ri[ten notice to CiTY. if a termination
of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT
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 \vas not occasioned by a breach of contract as
detlned herein or as defIned in a contract between SUBRECIPIENT and the funding source in question.
SUBRECIPI ENT may terminate this Agreement upon the dissolution of SUBRECIPIENT-s organization not
occasioned bv a breach of this Agreement
Upon receipt of notice to terminate. SUBRECIPIENT shall cancel. withdraw. or otherwise terminate any out-
standing orders or sut)contracts. which relate to the performance of this Agreement' CITY shall not be liable to
SUBRECIPIENT or SUBRECIPIENT-s creditors for any expenses_ enculnbrances. or obligations whatsoever
incurred after the termination date listed on the notice to ternrinate referred to in this paragraph
Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be
relieved of liability to CiTY for damages sustained by CITY by virtue of any breach of the Agreement by
SUBRECIPIENT, and CITY may withhold any reirnbursement to SUBRECIPIEN-F until such time as the exact
amount of damages due to CITY from SUBRECIPI ENT is agreed upon or otherwise determined
B
C
D
E
F
26. NOTIFICATION OF ACTION BROUGHT
In the event that any claim. demand, suit. or other action is made or brought by any person(s), Hrm_ corporation_ or
other entity against SUBRECIPIENT. SUBRECIPI ENT shall give written notice thereofto CITY within five working
da\'s after being notified of such claim. demand. suit. or other action. Such notice shall state {he date and hour of
notification of any such claim. demand. suit. or other action: the names and addresses of the person(s), firm, corpo-
ration, or other entity making such claim. or that instituted or threatened to institute an)' D’pe 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 personall) or b)' mail.
27. INDEMNIFICATION
it is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as
an independent contI-actor and that as such. SUBRECiPI ENT shall save and hold CITY. its officers, agents. and
employees harmless from all liability of any nature or kind. including costs and expenses forT or on account of;
any claims, audit exceptions, demands. suits. or dalnages of an)' character \\-hatsoever resulting in whole or in
part from the performance or omission of any employee, agent. or representative of SUBRECIPI ENT.
SUBRECTPI ENT agrees to provide the defense for. and to indemnify and hold harmless CITY. its agents, em-
ployees. or contractors from any and all claims. suits, causes of action. demands, damages. losses, attorney Fees.
A
B
Page 13 of 22
expenses. and liability arising out of fhe use of these contracted funds and program adlninistration and imple-
!nentation e\cept to the extent caused by the willful act or otnission of CITY, its agents. employees. or contrac-
tors
28. NON-RELIGIOUS ACTIVITIES
As stated in 24 CFR Pan 5. 109. no organization will be prohibited from participating in activities supported by
CITY funding including programs that make funds available through contracts. grants. or cooperative agree-
ments, SUBRECIPIENT is prohibited from discriminating against beneficiaries in providing services or carrying
out activities u-ith such assistance based on reljgjon. a reljgjous belief. a refusal to hold a reljgjous belief, or a
refusal to attend or participate in a religious practice. while also noting that organizations that participate in
programs onIy 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 SUBRECIPIENTS’ programs
Faith based organizations that carry out programs or activities with direct Federal tlnancial assistance from HUD
are required to provide written notice of certain protections to beneficiaries and prospective beneficiaries. Spe-
ciHcaliv. such organizations are required to give notice to beneficial-ies that:
I. The organization may not discriminate against a beneficial)' or prospective beneficiary based on religion_ a
religious belie£ 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
The organization must separate. in time or location. any privately funded explicitly religious activities from
activities supported bY direct Federal financial assistance: and
if a benenciaty objects to the religious character of the organization. the organization must undertake rea-
sonable efforts to identify and refer the beneficiary to an alternative provider to which the benetlciary has nu
such objection:
A beneficial)' or prospective benencial}’ 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 HUD ot
the intermedial)' 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 circumstances that make it impracticable to provide the written notice
in advance, prospective benetlciaries 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 canT out a program or activity with direct Federal financial assistance
fronr HUD are EO promptly undertake reasonable efforts to identify an alternative provider if a beneficiary
or prospective beneficiar} objects to the religious character of the organization, and to refer the bencH-
ciao' or prospective beneficiary to an alternative provider to which the beneficiary or prospective bene-
flcial} has no such objection.
A,
B
3.
+,
5.
29. MISCELLANEOUS
SUBRECIPIENT shall not transfer. pledge, or other\\’ise assign this Agreement or any interest therein. or any
claim arising thereunder. to any pall) or pallies, bank, trust company. or other financial institution without the
prior written approval of CITY.
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
A.
B
Page 14 of 22
C.
D,
E
All repolls, documents. studies. charts, schedules_ or other appended documentation to any proposal, content of
basic proposal_ or contracts and an)- responses. inquiries. correspondence. and related material submitted b)
SUBRECIPIENT shal i become the property of CITY upon receipt.
Debarrnent: SUBRECIPIENT certifies that it is not listed on dre S)-stem for Award Managemenl (SAM), which
list the debarred. suspended. or otherwise excluded from or ineligible for participation in federal assistance pro-
grams under Executive Order 125+9 and 24 CFR Part 2+
In no event shall an)' paynrent to SUBRECIP IENT 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 n'ay to
be a waiver by CITY of any breach of covenant or default which ma)- then or subsequently be committed by
SUBRECIPIENT. 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. \vhich rights, po\vers. privileges,
or remedies are aIn-ays speciacalty preserved. No representative or agent of CITY nray waive the effect of this
F
provISIon
This Agreement. together with referenced EXHIBITS. constitutes the entire agreement between the parties
hereto, and an) 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
[hereto. have an)- legal force or effect whatsoever. unless properly e\ecuted in writing. and if appropriate. rec.
or(led as an amendment of this Agreement
In the event any disagreement or dispute should arise between the parties Irereto pertaining to the interpretation
or meaning of any part of this Agreement or its governing rules. codes. law-s. ordinances. or regulations. CITY
as the part)- ultimately responsible to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) for matters of colnpliance. will have the final authority to render or to secure an interpretation.
lt'SUBRECIPIENT provides services to the homeless it is required to:
a. Report homeless data to the Homeless Management Information S\-stem (HMIS). Homeless Manage-
ment information Svstem (HMIS): HMIS is a countvwide data management tool desjgned to facilitate
data collection in order to improve human service delivel}’ throughout Denton County. Participation in
the Homeless Management Information Sys tern (HMIS) is a requirement per this agreement. Data ,'n-
tered 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 ac-
counting 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. Depart-
ment of llousing and Urban Development-s homeless assistance funds
b. Panicipaie in the Denton Counry 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 s\ stems change for
housing/homelessness initiatives in Denton Coun ry. Further. the Agency is encouraged to work in part-
nership with fellow service providers to improve efficiency and effectiveness
For purposes of this Agreement. all official communications and notices among {he parties shall be deemed made
if sent postage paid to the parties and address set forth below
G.
H
I
TO CITY:
City Manager
Cit\- of Denton
215 E. McKinney
Denton. Texas 7620 1
TO SUBRECIPIENT
Denton County Friends of the FamiIY. Inc
Ann: Executive Director.'CEO,.'’Commander
P.O. Box 6+0
Denton, TX 762 10
Page 15 of 22
\v/ a copy to:
Catherine Clifton, Deputy City Attorney
215 E. McKinney
Denton. TX 7620 i
J This Agreement shall be interpreted in accordance with the la\vs of the State of Texas and venue of an\- liti-
gation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County.
Texas
IN WiTNESS OF WHICH this Agreement has been executed on this the bfb da\, of
ack\)e_ r o0o0
CIT\’OFD£NTON, I DENTON COUNTy rRI£t\’DS OF TH£
BY:
-FODDHILEM AN
CITY MANAGER TITLE
ATTEST:ATTEST:
. Z=b? ._x%,BY
SECRETA RROSA RIOS.
CITY SECRETARY
0 LEG ORrvl
Page 16 of 22
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
IIons and bUSIness terms
A
re
Community Services Manager
Title
Community Services
Department
D,t. Si,n.d bRItSIta
Page 17 of 22
E\hibit A
Scope of Services
The Scope of Services under this Agreement shall be as foIIo\vs:
SECTION 1 – SERVICE GOAL
SUBRECrPIENl- assists the City of Denton to improve the availability and accessibility of services that promote
strong. supportive relationships for families. neighborhoods, and communities and a suitable living environment. as
outlined in the 2020-2022 City of Denton Consolidated Plan for the use of Community Development Block Grant
funds and supports a coordinated effort to maximize colnmunit)’ resources.
SUBRECIP IENT shall provide: Domestic Violence and Sexual Assault Program. Emergency Shelter is a residential
facility that is designed to insure client's safety by addressing short-term needs of \\'omen and their children who are
victims of domestic violence and/or sexual assault. Non-Residential Services are provided to individuals in need of
counseling. legal advocacy, legal representation. and other services. The program n'ill be operated at Denton, Corinth.
and Savannah locations. The program will operate shelter and crisis line : 4 hrs/7 days a week. Non-residential
IVfonday-Thursday 9:30am-8pm. Friday 8:30am-5pm, and Saturday ] 0am-3pm.
SECTION II – OUTCONIES
Tracking outcome measures will be a tool b) which the CiTY and the SUBRECIPIENT can measure services deliv-
ered and perfornrance under this agreement.
SUBRECIPIENT provides benefits to the citizens of the City of Denton through these outcomes:
• [ncrease sense of safety to primary victims of Domestic Violence or Se\ual Assault, 80Qb of 3.500 clients in
the program to achieve this outcome
• Increase awareness of options. available resources. and services to victims of Domestic Violence and Sexual
Assault. 800.', of 3.500 clients in the program to achieve this outcome.
• Decrease sense ofofisloation due to the services provided by the agency, 80'1, of 3.500 clients in the program
to achieve this outcome
SECTION II – UN IT OF SERVICE
A unit of service will be the tool b)' which the CITY and the SUBRECIPIENT can measure services and performance
under this Agreement, The total number of units of service required constitutes the performance target for the
SUBRECIPIENT under this Agreelnent. A unit of service shall be defined as services provided to an eligible low to
moderate-income person or other presumed benetlt categor\' as defined. who is a resident of the City of Denton,
Total Number of Unduplicated Clients
Agenc\ : 4.515 Program : 206
Total Number of Unduplicated Clients Cib’ of Denton Only
Agenc} : 1,320 Program: 108
Service Unit 1 :
Unit of Service: Director of Crisis and Residential Services Salary (50%)
Total Clients: 206
Page 18 of 22
Total Units Delivered: 8,625 (staff hours)
Unit of Service Cost: 540,000.00
Cost per Client: S3+6.32
Cost per Unit: $ 4.64
Page 19 of 22
Exhibit B
Budget
SUBRECIPIENT shall provide the services listed in this Agreement within the monetary linrits attached hereto and
incorporated by reference herein. In no event shall compensation to the SUBRECIPIENT exceed the lesser of the
SUBRECIPIENT-s costs attributable to the \york performed as stated herein. or sum of Fort\- Thousand Dollars
S+0.000.00.
Allowable Expenditure
Director of Crisis and Residen£ial Services Salary (50%)
Total
Total
S40.000.00
S10,000.00
SUBRECIPIENT will be reimbursed for financial assistance provided to income eligible clients residing in the City
of Denton. SUBRECIPIENT \viII submit monthly reimbursement requests for financial assistance.
Reitnbursement requests must include (list items,'backup required with Request for Payment)
All Agencies:
1. Cost Allocation Plan prior to their first Request for Reimbursement
2. Client List. numbered with unique identifier (at least quarterly )
3. Other documentation Ina)' be requested to support any cost allocation reimbursenrents
For Agencies Seeking Satalv reitrlburseIrlents:
I. Copy of Timesheet signed by staff member AND supervisor
:. Copy ofPaystub with payroll detail. Payroll register accepted if provided b\ third party vendo!
3. City of Denton Salary Ledger Sheet
For Agencies seeking cost reimbursement for purchase Goods or Services:
1. Invoice/Receipt
2. Proof of payment (copy of check with check number or bank statement)
Page 20 of 22
E\hibit C
U.S. Department of Housing and Urban Development (HUD)
Income Limits
Qualifying Income Limits for Federally Assisted Programs
FY 2020 Income Limits SummarY
Dallas, TX HUD Metro FNIR Area
Median Household Income: $ 86,200 (Household of 4)
Income Limit
Category
1
Very Low (50%)30% Limits
48,300
55,200
62, 100
68.950
74,500
80,000
85,500
91.050
30,200
34,500
38,800
43,100
46,550
50,000
53,450
56,900
20,700
23,300
26,200
30,680
35,160
39,640
44,120
Page 21 of 22
E\hibit D
Certification Regarding Lobbyjng
The undersigned certifies_ to the best of his or her knowledge and belief. that:
(1)No Federal appropridted funds have been paid or \viiI be paid b)' or on behalf of tIle undersigned. to an)- person
for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officel
or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any
Federal contract. the making of any Federal grant. the making of any Federal loan. the entering into of an)- coop-
erative agreement. and the extension. continuation. renewal. alnendnlent, or modification of any Federal contract.
grant. loan. or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for intluencing
or attempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee
of Congress. or an emp lo\'ee of a Member of Congress in connection with a Federal contract. grant. loan. or
cooperative agreement. the undersigned shall complete and submit Standard Form-ILL, "Disclosure Form to
Report Lobbving.’- in accordance with its instructions
The undersigned shall require that the language of this Celtification be included in the award documents for all
suba\\ards at all tiers (including subcontractors. subgrants. and contracts under grants. loans. and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly
(2)
(3)
This certification is a material representation of fact upon u’hich reliance was placed when this transaction was made
or entered into. Submission of the cer[iflcation is a prerequisite for making or entering into this transaction imposed
bv Section ] 352. Title 31, US Code. Any person who fails to file the required certification shall be subject to a civil
penalry of not less than S 1 0,000 and not more than $ 1 00.000 for each such failure,
Q(aLt) M (9)lee/N
Title
Date
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