20-1602ORDINANCE NO.20- 1602
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND THE SALVATION
ARMY, A GEORGIA CORPORATION, TO PROVIDE COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE SALVATION ARMY KARE KITCHEN AND FOOD
PANTRY IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT
TO EXCEED $35,000.00; 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 The Salvation Army, a Georgia Corporation, to provide financial
assistance for The Salvation Army KARE Kitchen and Food Pantry 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 $35,000.00, 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
seconded by he the ordinance was\h
the following vote [E - a
Rya,n and
passed and approved by
Aye
V’
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a
AZ
Nay Abstain Absent
V‘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:
–JZ–
I
PASSED AND APPROVED thi, th, IrLtb d,y ,fIElo UK_, 2020.
/„,/g' -
CHRIS WATTS, MAYOR
Gerard Hudspeth, Mayor Pro Tem
ATTEST:
ROSA RIOS, CITY SECRETARY
-a
APPROVED AS TO LEGAL FORM
AARON LEAL, CITY ATTORN
2020-2021 COMMUNITY DEVELOPMENT BLOCK GRANT SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
THE SALVATION ARMY, A GEORGIA CORPORATION
This Agreement is hereby entered into by and between the City of Denton, a Texas municipal corporation, acting by
and through its City Manager, hereinafter referred to as “CITY,” and The Salvation Army, a Georgia Corporation,
1508 E. McKinney Street Denton, Texas 76202, hereinafter referred to as '’SUBRECIPIENT."
WHEREAS, 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 14-2 18; and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of
hInds; and
WHEREAS, CITY has designated the Community Development Division as the division responsible for the admin-
istration of this Agreement and all matters pertaining thereto;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and
to the performance and accomplishment of the conditions hereinafter described.
1. TERM
This Agreement shall commence on or as of October 1, 2020, and shall terminate on September 30, 2021, unless
sooner terminated in accordance with Section 25 “Termination.”
2. RESPONSIBILITIES
SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described in the
Scope of Services attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient
manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT’s execu-
ave 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 administration 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 benefit to low and moderate-income persons.
SUBRECIPIENT 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 income housing assistance under Section 8 of the United States
Housing Act of 1937, herein attached as Exhibit C. Income eligibility shall be determined by the sum of }he 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
In consideration of the receipt of funds from HUD, CITY agrees to the following terms and conditions:
A. Limit of Liability. CITY will 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 payments
and other obligations made or incurred by CITY hereunder shall not exceed the sum of Thirty-Five Thousand
Dollars (835,000.00).
B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by
SUBRECIPIENT 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 limitations and provi-
sions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification
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 parties 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 may, at its option, either reduce the
amount of its liability or terminate the Agreement. If hInds 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 City 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 ;
(c) 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 SUBRECIPIENT, or termi-
nation of the Agreement, whichever date is earlier; or
(e) is not an allowable cost as defined by Section 10 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 activity of
SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that
SUBRECIPIENT fhrnish 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 any party other than SUBRECIPIENT for
payment of any monies or provision of any goods or services.
C. SUBRECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY, the SUBRECIPIENT
agrees to the following terms and conditions:
( 1) Thirty-Five Thousand Dollars (835,000.00) may be paid to SUBRECIPIENT by CITY, and the only expend-
itures 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) SUBRECIPIENT will establish, operate, and maintain an account system for this program that will allow for
a tracing of hInds and a review of the financial status of the program. The system will be based on generally
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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(4) SUBRECIPIENT 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 request.
(5) SUBRECIPIENT will not enter into any contracts that would encumber CITY funds for a period that would
extend beyond the term of this Agreement,
(6) SUBRECIPIENT will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors
or discrepancies in bills shall be promptly reported to CITY’s Community Development Division for further
direction
(7) SUBRECIPIENT will appoint a representative who will be available to meet with CITY officials when re-
quested.
(8) SUBRECIPIENT will indemnify and hold harmless CITY, its officers, and employees, from any and all
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 financial statements.
4. 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
City of Denton.
SUBRECIPIENT 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 Requirements for
Federal Awards
SUBRECIPIENT shall give the CITY, HUD, the Comptroller General of the United States, the Auditor of the
State of Texas, and any 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 SUBRECIPIENT
retains the records. SUBRECIPIENT shall maintain such records in an accessible location
SUBRECIPIENT 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 SUBRECIPIENT will be subject to the requirements of this Agreement. The
SUBRECIPIENT agrees to be responsible to CITY for the performance of any subcontractor.
SUBRECIPIENT shall not use funding under this Agreement to influence the outcome of elections or the passage
or defeat of any legislative measures. SUBRECIPIENT understands that funds provided to it pursuant to this
Agreement are funds which have been made available to CITY by the Federal GovenIment (U.S. Department of
Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended,
in accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT as-
sures and certifies that it will comply 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 way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT
by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow.
SUBRECIPIENT further agrees and certifies that if the regulations and iss-dances 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-
ment
SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in
24 CFR 570.502 and 24 CFR 570 subpart K with the exceptions noted below:
( 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 Part 52
A.
B.
C.
D.
E.
F
G
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H. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in 24 CFR 135, and
an applicable rules and orders issued hereunder prior to the execution of this Agreement. The SUBRECIPIENT
certifies that no contractual or other disability exists which would prevent compliance with these requirements.
5. REPRESENTATIONS
SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate,
and official motion, resolution, or action passed or taken, to enter into this Agreement.
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 fully authorized by SUBRECIPIENT to execute this Agreement on
behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances, and
provisions herein set forth.
CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement
if there is a dispute as to 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
SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under the terms of this Agree-
ment will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce
the resources, services, or other benefits which would have been available to, or provided through,
SUBRECIPIENT had this Agreement not been executed.
A
B
C.
D
6. PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will provide, oversee, administer, and carry out the activities and services set out in the SCOPE OF
SERVICES, in Exhibit A, utilizing the funds described in 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 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 SUBRECIPIENT a maximum amount of money not to
exceed Thirty-Five Thousand Dollars ($35,000.00) for services rendered under this Agreement. The CITY will
pay these funds on a reimbursement basis to SUBRECIPIENT within twenty-one days after CITY has received
supporting documentation of eligible expenditures. Documentation of expenditures must be submitted to the
Community Development Division by dates required by Community Development. SUBRECIPIENT’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 will not exceed one-fourth (1/4) of any
budgeted line items for costs as specified in Exhibit B without prior written authorization from the CITY.
A.
B.
C
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D.Excess Payment. SUBRECIPIENT shall refUnd to CITY within ten working days of CITY’s request, any sum of
money which has been paid by CITY and which CITY at any time thereafter determines:
( 1) has resulted in overpayment to SUBRECIPIENT; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Disallowed Costs. Upon termination of this Agreement, should any expense or charge for which payment has
been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the
Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such
amount 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 expiration and any accounts receivable attributable to the use of funds.
(2) The reversion of these financial assets shall be in addition to any other remedy available to CITY either at
law or in equity for breach of this Agreement.
Obligation of Funds .
( 1) in the event that actual expenditure rates deviate from SUBRECIPIENT’s provision of a corresponding level
of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any
such under expended funds.
(2) if CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this
Agreement, CITY may require a refund of any and all money expended pursuant to this Agreement by
SUBRECIPIENT, as well 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 15 working days following the close
of the Agreement period.
E
F.
G.
H.
8. WARRANTIES
SUBRECIPIENT represents and warrants that:
A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY, are complete
and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone
any significant change without written notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accu-
rate, and fairly reflect the financial condition ofSUBRECIPIENT on the date shown on said report, and the results
of the operation for the period covered by the report, and that since said date, there has been no material change,
adverse or otherwise, in the financial condition of SUBRECIPIENT.
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 indenture or agreement of SUBRECIPIENT.
E. SUBRECIPIENT 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.
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F. None of the assets ofSUBRECIPIENT is subject to any lien or encumbrance of any character, except 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 submission 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,
SUBRECIPIENT shall not, without the prior written consent of the Community Services Manager or her author-
ized representative:
( 1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets ofSUBRECIPIENT
now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances
to remain on, or attached to, any assets of 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 loan to, or incur any liability for any other firm, person, entity, or corporation as guar-
antor, surety, or accommodation endorser.
(5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to
SUBRECIPIENT by CITY, unless CITY authorizes such transfer.
SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions
sponsored by the Community Development Division.
A.
B.
10. ALLOWABLE COSTS
Costs shall be considered allowable only if incurred directly and specifically 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 ofSUBRECIPIENT’s Budget, Exhibit B, does not constitute prior written approval, even though cer-
tain items may appear herein. CITY’s prior written authorization is required in order for the following to be
considered allowable costs:
(1) Encumbrances or expenditures during any one-month period which exceeds one-fourth (1/4) of the total
budget as specified in Exhibit B.
(2) CITY shall not be obligated to any third parties, including any subcontractors ofSUBRECIPIENT, and CITY
funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement.
(3) Any 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 and shall be made within sufficient time
to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval 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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A.
B.
C
D. Expenditures will not be reimbursed to the SUBRECIPIENT for the purchase of real property or equipment.
These are not allowable costs under this agreement.
11. PROGRAM INCOME
For purposes of this Agreement, Program Income means earnings of SUBRECIPIENT realized from activities
resulting from this Agreement or from SUBRECIPIENT’s management of funding provided or received hereun-
der. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income
produced from contract-supported services of individuals or employees or from the use or sale of equipment or
facilities ofSUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties
for services rendered by SUBRECIPIENT under this Agreement.
SUBRECIPIENT shall maintain records of the receipt and disposition of Program Income in the same manner as
required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and
SUBRECIPIENT agree that any fees collected for services performed by SUBRECIPIENT shall be used for
payment of costs associated with service provision. Revenue remaining after payment of all program expenses
for service provision shall be considered Program Income and shall be subject to all the requirements of this
Agreement 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 indirectly from this Agreement, or the performance thereof, constitutes Program Income.
SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be
Program Income, unless otherwise approved in writing by CITY.
A.
B
C
D
12. MAINTENANCE OF RECORDS
SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure
of the status of the fUnds received under this Agreement, in compliance with the provisions of Exhibit A and
Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for
financial management. SUBRECIPIENT’s expenditures of funds made under this Agreement will conform to (2
CFR §200) Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards
as they 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.
SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting 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 SUBRECIPIENT of responsibility for retaining
accurate and current records which clearly reflect the level and benefit of services provided under this Agreement.
At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available to
CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, 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.
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A.
B.
C
D
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 deem pertinent to matters covered by this Agreement. SUBRECIPIENT
shall submit beneficiary and financial reports to CITY no less than once every three months. The beneficiary report
shall detail client information, including race, ethnicity, income, female head of household, and other statistics re-
quired by CITY. The financial report shall include information and data relative to all programmatic and financial
reporting as of the beginning date specified in Section 1 of this Agreement. Unless the CITY has granted a written
exemption, SUBRECIPIENT shall submit an audit conducted by independent examiners in accordance with Gener-
ally Accepted Accounting Principles. If the SUBRECIPIENT expends more than $750,000 in federal funding, the
audit must be conducted in accordance with OMB 2 CFR Part 200, as applicable within thirty days after receipt of
such audit.
14. 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, SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by
SUBRECIPIENT 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. SUBRECIPIENT agrees to cooperate nIlly 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 way so as not to obstruct or delay CITY in such monitoring and
to designate one of its staff to coordinate the monitoring process as requested by CITY staff.
D. SUBRECIPIENT agrees to make available its financial records for review by CITY at CITY's discretion. In
addition, SUBRECIPIENT agrees to provide CITY the following data and reports, or copies thereof:
( 1) All external or internal evaluation reports;
(2) Performance/beneficiary reports to be submitted in the schedule published by the CITY’s Community De-
velopment Division. Reports shall include such information as requested by the CITY’s Community Devel-
opment Division including but not limited to: number of persons or households assisted, race, gender, disa-
bility status, and household income. Beneficiary reports shall be due to CITY within 15 working days after
the completion of required reporting period. SUBRECIPIENT agrees to submit financial statements no less
than once every three months. Each statement shall include current and year to date period accounting of all
revenues, expenditures, outstanding obligations, and beginning and ending balances. 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 complete 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 support
and justification for each expenditure. SUBRECIPIENT agrees to retain all books, records, documents, reports,
and written accounting procedures pertaining to the services provided and expenditure 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 SUBRECIPIENT of responsibility for retaining accurate and current records, which
clearly reflect the level and benefit of services, provided under this Agreement.
Page 8 of 22
F.After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT with a written report ofmoni-
toring findings, documenting findings, and concerns that will require a written response to the CITY. An ac-
ceptable response must be received by the CITY within 60 days from the SUBRECIPIENT’s receipt of the mon-
itoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT’s failure
to submit a response within 60 days.
SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the
SUBRECIPIENT’s funding or regulatory bodies to CITY within ten working days of receipt by the
SUBRECIPIENT.
G
15. DIRECTORS’ MEETINGS
During the term of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices of
meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY
in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be
discussed. SUBRECIPIENT understands and agrees that 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 employees 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 ofSUBRECIPIENT, CITY may, at its sole discre-
tion, approve alternate insurance coverage arrangements.
SUBRECIPIENT will comply with applicable workers ’ compensation statues and will obtain employers’ liability
coverage where available and other appropriate liability coverage for program participants, if applicable.
SUBRECIPIENT will maintain 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 files.
Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement,
and remain the sole responsibility of SUBRECIPIENT.
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 days prior to such change or cancellation.
A.
B.
C.
D.
E
F
17. CIVIL RIGHTS / EQUAL OPPORTUNITY
SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or
regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment
because of race, color, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT will take
affirmative action to insure that all employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or re-
cruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
Page 9 of 22
A
B. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or
regulations. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended,
Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing
and Community Development Act of 1 974 as amended, Section 504 of the Rehabilitation Act of 1 973, the Amen
icans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 1 1063 and Executive
Order 1 1246 as amended by Executive Orders 11375 and 12086.
C. 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 compliance with local, state, and Federal
rules and regulations.
D. In the event ofSUBRECIPIENT’s non-compliance with the non-discrimination requirements, CITY may cancel
or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with
CITY
18. PERSONNEL POLICIES
Personnel policies shall be established by SUBRECIPIENT and shall be available for examination. Such personnel
policies shall:
A. Include policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits,
vacation and sick leave privileges, and travel;
B. Be in writing; and
C. Be approved by the governing body ofSUBRECIPIENT.
19. CONFLICT OF INTEREST
SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct
or indirect, which would conflict in any manner or degree with the performance of services required to be 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 member of its governing body.
SUBRECIPIENT further covenants that no member of its governing body or its staff, subcontractors, or employ-
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, particularly those with which he/she has family,
business, or other ties
No officer, member, or employee of CITY and no member of its governing body who exercises any function or
responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate
in any decision relating to the Agreement which affects his or her personal interest or the interest in any 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 family of any
person who is currently employed by SUBRECIPIENT, or is a member of SUBRECIPIENT’s governing board. The
term “member of immediate family” includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws,
aunt, uncle, nephew, niece, stepparent, stepchild, half-brother, and half-sister.
21. POLITICAL OR SECTARIAN ACTIVITY
Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the
SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged
in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code.
Page 10 of 22
A
B.
C,
The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administra-
tion of the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nep-
otrsm actrvrtres.
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 publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation.
Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds pro-
vided to SUBRECIPIENT under this Agreement may not under the term of this Agreement:
( 1) Use their official position or influence to affect the outcome of an election or nomination;
(2) Solicit contributions for political purposes; or
(3) Take an active part in political management or in political campaigns,
SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit D and if
necessary, the Disclosure of Lobbying Activities provided by the CITY.
D.
22. PUBLICITY
Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT
under this Agreement that the U.S. Department of Housing and Urban Development’s Community Development
Block Grant Program 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 otherwise specifically provided in this Agreement, When material not originally developed is included in
a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable
when the material is in a verbatim or extensive paraphrase format.
All published material submitted under this project shall include the following reference on the front cover or
title page
This document is prepared in accordance with the City of Denton’s Cowrrrlunity Development Block Grant
Program, with funding received from 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 any responses, inquiries, correspondence and related material submitted by
SUBRECIPIENT shall become the property of CITY upon receipt.
A.
B
C
D.
23. CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed
by both parties, except when the terms of this Agreement expressly provide that another method shall be used.
SUBRECIPIENT may not make transfers between or among approved line items within budget categories set
forth in Exhibit B without prior written 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 monetary obli-
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 will submit revised budget and program information, whenever 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 automatically
A
B
C.
D
Page 11 of 22
incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement
on the effective date specified by the law or regulation.
CITY may, from time to time during the term of the Agreement, request changes to the Agreement, which may
include an increase or decrease in the amount of SUBRECIPIENT’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 Program budget incorporated 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 composition.
It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor
the transfer of funds between or among said programs will be permitted,
E.
F.
G.
H
I
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 otherwise have, may, at its
discretion, and upon ten working days written notice to SUBRECIPIENT, withhold further payments to
SUBRECIPIENT. Such notice may be given by mail to the Executive Officer 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 accomplish 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
satisfied, 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 SUBRECIPIENT has not come into com-
pliance, the provisions of Section 25 may be effectuated.
25. TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not spe-
cifically enumerated in this paragraph:
(1) SUBRECIPIENT’s failure to attain compliance during any 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.
(4) Termination or reduction of funding by the CITY or HUD.
(5) Finding by CITY that the SUBRECIPIENT:
(6) is in such unsatisfactory financial condition as to endanger performance 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 ofSUBRECIPIENT’s property, or
institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against
SUBRECIPIENT
( 10) SUBRECIPIENT’s inability to conform to changes required by Federal, State, and local laws or regula-
dons as provided in Section 4, and Section 2, of this Agreement.
( 11 ) The commission of an act of bankruptcy.
Page 12 of 22
(12) SUBRECIPIENT’s violation of any law or regulation to which SUBRECIPIENT is bound or shall be
bound under the terms of the Agreement.
CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of
terrnrnatron.
CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for con-
venience, 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 exceed an amount which bears the same ratio
to the total compensation as the services actually performed bears to the total services of SUBRECIPIENT cov-
ered by the Agreement, less payments previously made.
SUBRECIPIENT may terminate this Agreement in whole or in part by written 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 was not occasioned by a breach of contract as
defined herein or as defined in a contract between SUBRECIPIENT and the fUnding source in question.
SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT’s organization not
occasioned by a breach of this Agreement.
Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw, or otherwise terminate any out-
standing orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to
SUBRECIPIENT or SUBRECIPIENT’s creditors for any expenses, encumbrances, or obligations whatsoever
incurred after the termination date listed on the notice to terminate referred to in this paragraph.
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 reimbursement to SUBRECIPIENT until such time as the exact
amount of damages due to CITY from SUBRECIPIENT 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), firm, corporation, or
other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within five working
days after being notified of such claim, demand, suit, or other action. Such notice shall state the date and hour of
notification of any such claim, demand, suit, or other action; the names and addresses of the person(s), firm, corpo-
ration, or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding;
the basis of such claim, action, or proceeding; and the name of any person(s) against whom such claim is being made
or threatened. Such written notice shall be delivered either personally or by mail.
27. INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as
an independent contractor and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents, and
employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of,
any claims, audit exceptions, demands, suits, or damages of any character whatsoever resulting in whole or in
part from the performance or omission of any employee, agent, or representative of SUBRECIPIENT.
SUBRECIPIENT 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 the use of these contracted funds and program administration and imple-
mentation except to the extent caused by the willfbl act or omission of CITY, its agents, employees, or contrac-
tors
28. NON-RELIGIOUS ACTIVITIES
As stated in 24 CFR Part 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 with such assistance based on religion, a religious belief, a refusal to hold a religious belief, or a
refUsal to attend or participate in a religious practice, while also noting that organizations that participate in
programs only funded by indirect CITY or Federal financial assistance need not modify their program or activities
to accommodate beneficiaries who choose to expend the indirect aid on those SUBRECIPIENTS’ programs.
Faith based organizations that carry out programs or activities with direct Federal financial assistance from HUD
are required to provide written notice of certain protections to beneficiaries and prospective beneficiaries. Spe-
cifically, such organizations are required to give notice to beneficiaries that:
1. The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a
religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice;
2. The organization may not require a beneficiary to attend or participate in any explicitly religious activities
that are offered by the organization, and any participation by the beneficiary in such activities must be purely
voluntary; and
3. The organization must separate, in time or location, any privately funded explicitly religious activities from
activities supported by direct Federal financial assistance; and
4. If a beneficiary objects to the religious character of the organization, the organization must undertake rea-
sonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no
such objection;
5. A beneficiary or prospective beneficiary may report an organization’s violation of these protections, including
any denials of services or benefits by an organization, by contacting or filing a written complaint to HUD or
the intermediary administering the program, if applicable.
a. Faith-based organizations must provide this notice to prospective beneficiaries prior to enrollment. In the
event of an emergency or exigent circumstances that make it impracticable to provide the written notice
in advance, prospective beneficiaries may receive the notice at the earliest available opportunity. Current
beneficiaries must receive the notice at the earliest available opportunity.
b. Faith-based organizations that carry out a program or activity with direct Federal financial assistance
from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary
or prospective beneficiary objects to the religious character of the organization, and to refer the benefi-
ciary or prospective beneficiary to an alternative provider to which the beneficiary or prospective bene-
ficiary has no such objection.
A.
B.
29. MISCELLANEOUS
SUBRECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any interest therein, or any
claim arising thereunder, to any party or parties, bank, trust company, or other financial institution without the
prior written approval of CITY.
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 reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of
basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by
SUBRECIPIENT shall become the property of CITY upon receipt.
Debarment: SUBRECIPIENT certifies that it is not listed on the System for Award Management (SAM), which
list the debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance pro-
grams under Executive Order 12549 and 24 CFR Part 24
In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any
one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to
be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by
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, which rights, powers, privileges,
or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this
provlslon.
This Agreement, together with referenced EXHIBITS, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this
Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion,
statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, rec-
orded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation
or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, CITY
as the party ultimately responsible to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) for matters of compliance, will have the final authority to render or to secure an interpretation.
IfSUBRECIPIENT provides services to the homeless it is required to:
Report homeless data to the Homeless Management Information System (HIMIS). Homeless Manage-
ment Information System (HMIS): HMIS is a countywide data management tool designed to facilitate
data collection in order to improve human service delivery throughout Denton County. Participation in
the Homeless Management Information System (HMIS) is a requirement per this agreement. Data en-
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 Housing and Urban Development’s homeless assistance funds.
Participate in the Denton County Homeless Leadership Team meetings and any applicable workgroup(s).
The Denton County Homeless Leadership Team is a collaborative, cross-sector team that convenes to
improve the planning, coordination, oversight, and implementation required to create systems change for
housing/homelessness initiatives in Denton County. Further, the Agency is encouraged to work in part-
nership with fellow service providers to improve efficiency and effectiveness.
a
b
For purposes of this Agreement, all official communications and notices among the parties shall be deemed made
if sent postage paid to the parties and address set forth below:
F.
G.
H.
I
TO CITY:
City Manager
City of Denton
215 E. McKinney
Denton. Texas 76201
TO SUBRECIPIENT:
The Salvation Army, a Georgia Corporation – Denton
Ann: Executive Director/CEO/Commander
1508 E. McKinney Street
Denton, Texas 76202
Page 15 of 22
w/ a copy to:
Catherine Clifton, Deputy City Attorney
215 E. McKinney
Denton, TX 76201
J. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any 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 Gp tb
OCtober , 2020.
day of
CITY OF DENTON:The Salvation Army, a Georgia Corporation
Denton
BY:
TODD HILEMAN,
CITY MANAGER Cd MW-r\r\ Ae r
ATTEST :ATTEST:
BY &I
6ECREfAR
CITY SECRETARY
APP
BY:
Page 16 of 22
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
,ignature
Community Services Manager
Title
Community Services
Department
D a t e S i g n e d : A&
Page 17 of 22
Exhibit A
Scope of Services
The Scope of Services under this Agreement shall be as follows:
SECTION I – SERVICE GOAL
SUBRECIPIENT 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 community resources.
SUBRECIPIENT shall provide: The Salvation Army KARE Kitchen and Food Pantry. Breakfast is served daily 6:00-
6:30 a.m, to shelter clients only. Dinner is served daily 6:00-7:00 p.m. to shelter clients and needy community
members. Food Pantry: Provides groceries monthly to needy individuals and families in the community. Food Pantry
is open Wednesday & Friday 1:00-3:45 p.m. The shelter opens daily 5 p.m.-7 a.m. The program will be operated at
1508 E. McKinney Street, Denton TX 76209. The program will operate Office 9:00 a.m.-4:00 p.m,
SECTION II – OUTCOMES
Tracking outcome measures will be a tool by which the CITY and the SUBRECIPIENT can measure services deliv-
ered and performance under this agreement.
SUBRECIPIENT provides benefits to the citizens of the City of Denton through these outcomes:
• 80% of households served will report that they are sustaining a healthy diet due to the food they receive from
the Food Pantry. 80% for a total of 591 clients.
• 40% of households served in both programs will report a decrease in their Food Pantry usage from monthly
to quarterly compared to the previous year. 40% for a total of 1,827 clients.
• 100% of households will report that they received referrals for other agencies. Out of that 100%, 20% will
report that they followed up with the referral agency. 100% for a total of 1,827 clients.
SECTION II – UNIT OF SERVICE
A unit of service will be the tool by 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 Agreement. A unit of service shall be defined as services provided to an eligible low to
moderate-income person or other presumed benefit category as defined, who is a resident of the City of Denton.
Total Number ofUnduplicated Clients
Agency: 3,500 Program: 2,000
Total Number of Unduplicated Clients City of Denton Only:
Agency: 3,200 Program: 1,200
Service Unit 1 :
Unit of Service: KARE Kitchen Supplies, Food, and Cook Salary.
Total Clients: 1,236
Total Units Delivered: 1,713
Page 18 of 22
Unit of Service Cost: $25,000.00
Cost per Client: $20.23
Cost per Unit: $14,59
Service Unit 2:
Unit of Service: Food Pantry
Total Clients: 591
Total Units Delivered: 1,768
Unit of Service Cost: $10,000.00
Cost per Client: $16,92
Cost per Unit: $5.66
Page 19 of 22
Exhibit B
Budget
SUBRECIPIENT shall provide the services listed in this Agreement within the monetary limits attached hereto and
incorporated by reference herein. In no event shall compensation to the SUBRECIPIENT exceed the lesser of the
SUBRECIPIENT’s costs attributable to the work performed as stated herein, or sum of Thirty-Five Thousand Dollars
- $35,000.00.
Allowable Expenditure
KARE Kitchen Supplies, Food, and Cook Salary
Food Pantry
Total
Total
$25,000.00
$ 10,000.00
$35,000.00
SUBRECIPIENT will be reimbursed for financial assistance provided to income eligible clients residing in the City
of Denton. SUBRECIPIENT will submit monthly reimbursement requests for financial assistance.
Reimbursement 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 may be requested to support any cost allocation reimbursements
For Agencies Seeking Salary reimbursements:
1. Copy of Timesheet signed by staff member AND supervisor
2, Copy ofPaystub with payroll detail. Payroll register accepted if provided by third party vendor.
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
Exhibit 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 FMR Area
Median Household Income: $ 86,200 (Household of 4)
Income Limit
Category
1
Very Low (50%)30% Limits
48,300 30,200
34,500
38,800
43,100
46,550
50,000
53,450
56,900
18, 100
20,700
23,300
26,200
30,680
35,160
39, 640
44.120
55,200
62,100
68,950
74,500
80,000
85,500
91,050
Page 21 of 22
d
Signature
Exhibit D
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
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 any coop-
erative agreement, and the extension, continuation, renewal, amendment, 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 influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan7 or
cooperative agreement, the undersigned shall complete and submit Standard Form-ILL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions,
The undersigned shall require that the language of this Certification be included in the award documents for all
subawards 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 which reliance was placed when this transaction was made
or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 3 1, US Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than 5100,000 for each such failure,
The Salvation Army, a Georgia Corporation – Denton
Grantee
IT:tr' bl~is\'AA- C'%”''""der
G(I
Date
Page 22 of 22