20-1608ORDINANCE NO.20-1608
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND GRACE LIKE RAIN,
INC. TO PROVIDE GENERAL FUND DOLLARS FOR A HOMELESS PREVENTION
PROGRAM IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT
TO EXCEED $12,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's Human Services Advisory Committee (’'HSAC") has reviewed the
proposal for services and has determined that RECIPIENT performs an important service for the
residents of Denton without regard to race, religion, color, age, or national origin, and HSAC
recommends the purchase of services; and
WHEREAS, the City has determined that the proposal for services merits assistance and can
provide needed services to citizens of the City; 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 Community Development 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 Grace Like Rain, Inc. to provide financial assistance for a
Homeless Prevention 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 $12,000.00, and to take any
other actions necessary to complete the City’s obligations under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance
seconded by hee Ly BriggS
the following vote [b -a: dO
m'd' by TIGht\ KHAn ,nd, the ordinance was pass6d and approved by
Aye Nay Abstain Absent
,/Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
a
J
,/
r
\/
J
Deb Armintor, At Large Place 5
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this th, bt\ d,y ,f OCtober , 2020.
r’''’ el
eHRIg-$a MAYOR
Gerard Hudspeth, Mayor Pro Tem
ATTEST:
ROSA RIOS, CITY SECRETARY
baz
APPROVED AS TO LEGAL FORM
AARON LEAL, CITY ATTORNEY
2020-2021 GRANT SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
GRACE LIKE RAIN, INC.
This Agreement is made and 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 Grace Like Rain, Inc., 306 N Loop 288,
Suite 1 12, Denton, Texas 76209 hereinafter referred to as '’RECIPIENT."
WHEREAS, CITY’s Human Services Advisory Committee ("HSAC") has reviewed the proposal for services and has
determined that RECIPIENT performs an important service for the residents of Denton without regard to race, reli-
gion, color, age, or national origin, and HSAC recommends the purchase of services; and
WHEREAS, CITY has determined that the proposal for services merits assistance and can provide needed services
to citizens of CITY; and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of
funds; and
WHEREAS, CITY has designated Community Development as the division responsible for the administration 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
RECIPIENT 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 RECIPIENT’s executive officer to
be RECIPIENT’s representative responsible for the management of all contractual matters pertaining hereto, unless
written notification to the contrary is received from RECIPIENT 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
RECIPIENT certifies that the activities carried out with these funds shall meet the objective of benefit to low and
moderate-income persons. RECIPIENT 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 RECIPIENT shall
use the current applicable income limits published by the U.S. Department of Housing and Urban Development
(“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 ofthe gross income of all individuals residing
Page 1 of 19
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.
3. OBLI(,ATIONS
In consideration of the services provided by RECIPIENT, CITY agrees to the following terms and conditions:
A. Limit of Liability. CITY will reimburse RECIPIENT 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 Twelve Thousand Dollars
($ 1 2,000.00).
B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by RECIPIENT
and receipt of a requisition for payment with appropriate documentation of expenditures, CITY shall make pay-
ments to RECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in this
Section and Section 7 of this Agreement.
( 1 ) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon
the actual receipt of adequate funds to meet CITY’s liabilities under this Agreement. If adequate funds are
not available to make payments under this Agreement, CITY shall notify RECIPIENT in writing 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 funds eligible for use for purposes of this Agreement are reduced,
CITY shall not be liable for further payments due to RECIPIENT under this Agreement.
(2) it is expressly understood that this Agreement in no way obligates the CITY to provide more funds than the
amount shown in subsection A above.
(3) CITY shall not be liable for any cost or portion thereof which:
(a) Has been paid, reimbursed, or is subject to payment or reimbursement, from any other source;
(b) Was incurred prior to the beginning date or after the ending date specified in Section 1 ;
(c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto;
(d) Has not been billed to CITY within 90 calendar days following billing to RECIPIENT, or termination
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 activity of
RECIPIENT requiring prior written authorization from CITY, or after CITY has requested that RECIPIENT
furnish data concerning such action prior to proceeding further, unless and until CITY advises RECIPIENT
to proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than RECIPIENT for payment
of any monies or provision of any goods or services.
(6) Funding not expended within the period of the Agreement will revert to the City of Denton budget for use on
alternative projects.
C. RECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY, the RECIPIENT agrees to
the following terms and conditions:
(1 ) Twelve Thousand Dollars ($12,000.00) may be paid to RECIPIENT by CITY, and the only expenditures
reimbursed from these funds, shall be those in accordance with the Project Budget, Exhibit B, for those
expenses listed in the Scope of Services as provided herein. RECIPIENT shall not utilize these funds for any
other purpose.
Page 2 of 19
(2) RECIPIENT will establish, operate, and maintain an account system for these funds that will allow for a
tracing of funds 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) RECIPIENT will permit authorized officials of CITY to review its books at any time.
(4) RECIPIENT 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) RECIPIENT will not enter into any contracts that would encumber CITY funds for a period that would extend
beyond the term of this Agreement.
(6) RECIPIENT 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) RECIPIENT will appoint a representative who will be available to meet with CITY officials when requested.
(8) RECIPIENT will indemnify and hold harmless CITY, its officers and employees, from any and all claims
and suits arising out of the activities of RECIPIENT, its employees, and/or contractors.
(9) RECIPIENT will submit to CITY copies of year-end audited financial statements.
4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
RECIPIENT assures and certifies that it will comply with all applicable federal laws, laws of the State of Texas,
and ordinances of the City of Denton.
RECIPIENT shall give the CITY and any authorized representative, access to and the right to reproduce all
records belonging to or in use by RECIPIENT pertaining to this Agreement. Such access shall continue as long
as RECIPIENT retains the records. RECIPIENT shall maintain such records in an accessible location
RECIPIENT 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 sub-
contracts entered into by the RECIPIENT will be subject to the requirements ofthis Agreement. The RECIPIENT
agrees to be responsible to CITY for the performance of any subcontractor.
A.
B.
C
5. REPRESENTATIONS
RECIPIENT 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 RECIPIENT, do hereby warrant and
guarantee that he, she, or they have been fully authorized by RECIPIENT to execute this Agreement on behalf
of RECIPIENT and to validly and legally bind RECIPIENT 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 RECIPIENT or the person signing the Agreement to enter
into this Agreement. RECIPIENT 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 enumer-
ated in this Section.
RECIPIENT agrees that the funds and resources provided RECIPIENT under the terms of this Agreement will
in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources,
services, or other benefits which would have been available to, or provided through, RECIPIENT had this Agree-
ment not been executed
A.
B.
C.
D
Page 3 of 19
6. PERFORMANCE BY RECIPIENT
RECIPIENT will provide, oversee, administer, and carry out the activities and services set out in the Scope of Ser-
vices 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 accordance with
all other terms, provisions, and requirements of this Agreement. No modifications or alterations may be made in the
Scope of Services or Budget without the prior written approval of the CITY’s Community Services Manager.
7. PAYMENTS
Payments to RECIPIENT. The CITY shall pay to RECIPIENT a maximum amount of money not to exceed
Twelve Thousand Dollars ($12,000.00) for services rendered under this Agreement. The CITY will pay these
funds on a reimbursement basis to RECIPIENT within twenty-one days after CITY has received supporting doc-
umentation of eligible expenditures. Documentation of expenditures must be submitted to the Community De-
velopment division by dates required by Community Development. RECIPIENT’S failure to provide the infor-
mation 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.
RECIPIENT’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.
Excess Payment. RECIPIENT 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 RECIPIENT;
(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,
RECIPIENT will refund such amount to CITY within ten working days of a written notice to RECIPIENT, 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) RECIPIENT, 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 RECIPIENT’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 RECIPI ENT is unwilling and/or unable to comply with any ofthe terms of this Agreement,
CITY may require a refund of any and all money expended pursuant to this Agreement by RECIPIENT, as
well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a
written notice to RECIPIENT to revert these financial assets
Contract Close Out. RECIPIENT 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.
A.
B.
C.
D.
E
F.
G
H
Page 4 of 19
8. WARRANTIES
RECIPIENT 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 of RECIPIENT 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 RECIPIENT.
C. No litigation or legal proceedings are presently pending or threatened against the RECIPIENT.
D. None of the provisions herein contravene or are in conflict with the authority under which RECIPIENT is doing
business or with the provisions of any existing indenture or agreement of RECIPIENT.
E. RECIPIENT has the power to enter into this Agreement and accept payments hereunder, and has taken all nec-
essary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of RECIPIENT is subject to any lien or encumbrance of any character, except for current taxes
not delinquent, except as shown in the financial statements and/or other documents furnished by RECIPIENT 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,
RECIPIENT shall not, without the prior written consent of the Community Services Manager or her authorized
representatIve :
( 1 ) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of RECIPIENT 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 RECIPIENT 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
RECIPIENT by CITY, unless CITY authorizes such transfer.
RECIPIENT 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
A. 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.
B. Prior written authorization is required in order for the following to be considered allowable costs:
Page 5 of 19
(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 of RECIPIENT, 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.
(7) Fees for attending out of town meetings, seminars, or conferences.
Written requests for prior approval are RECIPIENT’s responsibility and shall be made within sufficient time to
permit a thorough review by CITY. RECIPIENT must obtain written approval by CITY prior to the commence-
ment 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.
Expenditures will not be reimbursed to the RECIPIENT for the purchase of real property or equipment. These
are not allowable costs under this agreement.
C.
D-
11. PROGRAM INCOME
For purposes of this Agreement, Program Income means earnings of RECIPIENT realized from activities result-
ing from this Agreement or from RECIPIENT’s management of funding provided or received hereunder. Such
earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from
contract-supported services of individuals or employees or from the use or sale of equipment or facilities of
RECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services ren-
dered by RECIPIENT under this Agreement.
RECIPIENT 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 RECIPIENT
agree that any fees collected for services performed by RECIPIENT 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.
RECIPIENT shall include this Section in its entirety in all of its sub-contracts which involve other income-pro-
ducing services or activities.
It is RECIPIENT’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. RECIPIENT
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
RECIPIENT 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.
A
Page 6 of 19
B.RECIPIENT’s record system shall contain sufficient documentation to provide in detail full support and justin-
cation for each expenditure. Nothing in this Section shall be construed to relieve RECIPIENT of fiscal account-
ability and liability under any other provision of this Agreement or any applicable law. RECIPIENT shall include
the substance of this provision in all subcontracts.
RECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures pertaining
to the operation of programs and expenditures of funds under this Agreement for five years after the termination
of all activities funded under this agreement.
Nothing in the above subsections shall be construed to relieve RECIPIENT 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 RECIPIENT shall make available to CITY
or any of their authorized representatives, all of its records and shall permit CITY or any of their authorized
representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment, and all other data requested by
said representatives.
C.
D.
E.
13. REPORTS AND INFORMATION
At such times and in such form as CITY may require, RECIPIENT shall furnish such statements, records, data and
information as CITY may request and deem pertinent to matters covered by this Agreement. RECIPIENT 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 required 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,
RECIPIENT shall submit an audit conducted by independent examiners in accordance with Generally Accepted Ac-
counting Principles.
14. MONITORING AND EVALUATION
RECIPIENT agrees to participate in a monitoring and evaluation system whereby the services can be continuously
monitored. CITY shall perform monitoring of the RECIPIENT’s performances under this Agreement.
A. RECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by
RECIPIENT to the Scope of Services, Program Goals, and Objectives in Exhibit A, as well as other provisions
of this Agreement.
B. RECIPIENT 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. RECIPIENT 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. RECIPIENT agrees to make available upon request its financial records for review by CITY at CITY's discretion.
In addition, RECIPIENT 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 will 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 fifteen (15) working
days after the completion of required reporting period RECIPIENT agrees to submit financial statements no
less than once every three months. Each statement shall include current and year to date period accounting
Page 7 of 19
of all revenues, expenditures, outstanding obligations, and beginning and ending balances. Financial reports
shall be due to CITY within fifteen (15) working days after the completion of required reporting period; and
(3) An explanation of any major changes in program services.
To comply with this section, RECIPIENT agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of funds received and the services performed under this Agreement. RE-
CIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification
for each expenditure. RECIPIENT agrees to retain all books, records, documents, reports, and written accounting
procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of
time and under the conditions specified by the CITY. Nothing in the above subsections shall be construed to
relieve RECIPiENT of responsibility for retaining accurate and current records, which clearly reflect the level
and benefit of services, provided under this Agreement.
After each official monitoring on-site visit, CITY shall provide RECIPiENT with a written report of monitoring
findings, documenting findings, and concerns that will require a written response to the City. An acceptable
response must be received by the CITY within sixty (60) days from the RECIPIENT’s receipt of the monitoring
report or audit review letter. Future contract payments can be withheld for the RECIPIENT’s failure to submit a
response within sixty (60) days.
RECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the RECIPIENT’s funding
or regulatory bodies to CITY within ten (10) working days of receipt by the RECIPIENT.
E.
F.
G.
15. DIRECTORS’ MEETINGS
During the term of this Agreement, RECIPIENT 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.
RECIPIENT understands and agrees that CiTY representatives shall be afforded access to all of the Board ofDirec-
tors’ meetings. Minutes of all meetings of RECIPIENT’s governing body shall be available to CITY within ten (10)
days after Board approval.
16. INSURANCE
RECIPIENT 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 of RECIPIENT, CITY may, at its sole discretion,
approve alternate insurance coverage arrangements.
RECIPIENT 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.
RECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated
by RECIPIENT. All employees of RECIPIENT 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. Evi-
dence of the employee’s current possession of a valid license and insurance must be maintained on a current basis
in RECIPIENT’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 RECIPIENT.
A.
B
C.
D.
E
Page 8 of 19
F. The policy or policies of insurance shall contain a clause which requires that CITY and RECIPIENT be notified
in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation.
17. CIVIL RIGHTS / EQUAL OPPORTUNITY
RECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or reg-
ulations. The RECIPIENT shall not discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, gender, age, or disability. The RECIPIENT will take affirmative ac-
tion to insure that all employment practices are free from such discrimination. Such employment practices include
but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprentice-
ship
RECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil
Rights Act of 1 968 as amended, Section 104(b), Section 109 of Title 1 of the Housing and Community Develop-
ment Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1 990, the Age Discrimination Act of 1 975, Executive Order 1 1063 and Executive Order 1 1 246 as amended
by Executive Orders 1 1375 and 12086.
RECIPIENT 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.
In the event of RECIPIENT’s non-compliance with the non-discrimination requirements, CITY may cancel or
terminate the Agreement in whole or in part in accordance with Sections 24 and 25 and RECIPIENT may be
barred from further contracts with CITY.
A.
B.
C.
D.
18. PERSONNEL POLICIES
Personnel policies shall be established by RECIPIENT and shall be available for examination. Such personnel poli-
cies shall:
A. Include policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits,
vacation and sick leave privileges, and travel;
B. Be in writing; and
C. Be approved by the governing body of RECIPIENT.
19. CONFLICT OF INTEREST
RECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or
indirect, which would conflict in any manner or degree with the performance of services required to be performed
under this Agreement. RECIPIENT further covenants that in the performance of this Agreement, no person hav-
ing such interest shall be employed or appointed as a member of its governing body.
RECIPIENT further covenants that no member of its governing body or its staff, subcontractors, or employees
shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated
by desire for private gain for himself/herself, or others, particularly those with which he/she has family, business,
or other ties
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
Page 9 of 19
20. NEPOTISM
RECIPIENT 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 RECIPIENT, or is a member of RECIPIENT'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 haIGsister.
21. POLITICAL OR SECTARIAN ACTIVITY
Neither the funds advanced pursuant to this Agreement, nor any personnel who may be employed by the
RECIPIENT 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.
The RECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of
the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism
activities.
The RECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement
shall be used for any partisan political activity or to further the election or defeat of any candidate for public
office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation.
Employees of the RECIPIENT connected with any activity that is funded in whole or in part by funds provided
to RECIPIENT 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.
A
B.
C.
22. PUBLICITY
Where such action is appropriate, RECIPIENT shall publicize the activities conducted by RECIPIENT under this
Agreement to state that the CITY 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 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
RECIPIENT shall become the property of CITY upon receipt.
A.
B
C
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.
RECIPIENT may not make transfers between or among approved line items within budget categories set forth in
Exhibit B without prior written approval of CITY. RECIPIENT shall request, in writing, the budget revision in a
form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY
under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the
program funded under this Agreement.
RECIPIENT will submit revised budget and program information, whenever the level of funding for RECIPIENT
or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B.
A.
B
C
Page 10 of 19
D.It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations
pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically
incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement
on the effective date specified by the law or regulation.
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 RECIPIENT’s compensation. Such changes shall be incorporated
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.
RECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this
Agreement at least thirty (30) calendar days in advance of the change.
RECIPIENT 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
1.
24. SUSPENSION OF FUNDING
Upon determination by CITY of RECIPIENT’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 (10) working days written notice to RECIPIENT, withhold further payments to RECIPIENT. Such
notice may be given by mail to the Executive Officer and the Board of Directors of RECIPIENT. 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 thirty (30) calendar days.
At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, RECIPIENT
may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension
period. If however, CITY determines that RECIPIENT has not come into compliance, the provisions of Section 25
may be ef:fectuated.
25. TERMINATION
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) RECIPIENT’s failure to attain compliance during any prescribed period of suspension as provided in Section
24
(2) RECIPIENT’s failure to materially comply with any of the terms of this Agreement.
(3) RECIPIENT’s violation of covenants, agreements, or guarantees of this Agreement.
(4) Termination or reduction of funding by the CITY.
(5) Finding by CITY that the RECIPIENT:
(6) RECIPIENT is in such unsatisfactory financial condition as to endanger performance under this Agreement;
(7) RECIPIENT has allocated inventory to this Agreement substantially exceeding reasonable requirements; or
(8) RECIPIENT 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 RECIPIENT’s property, or
institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against
RECIPIENT
A
Page 11 of 19
( 10) RECIPIENT’s inability to conform to changes required by Federal, State, and local laws or regulations as
provided in Section 4, and Section 2, of this Agreement.
( I1) The commission of an act of bankruptcy.
( 12) RECIPIENT’s violation of any law or regulation to which RECIPIENT is bound or shall be bound under
the terms of the Agreement.
CITY shall promptly notify RECIPIENT in writing of the decision to terminate and the effective date oftermi-
natIon
CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for con-
venience, RECIPIENT 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 RECIPIENT covered by the Agree-
ment, less payments previously made.
RECIPIENT may terminate this Agreement in whole or in part by written notice to CiTY, if a termination of
outside funding occurs upon which RECIPIENT depends for performance hereunder. RECIPIENT may opt,
within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, pro-
vided 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 RECIPIENT and the funding source in question. RECIPIENT may terminate
this Agreement upon the dissolution of RECIPIENT’s organization not occasioned by a breach ofthis Agreement.
Upon receipt of notice to terminate, RECIPIENT shall cancel, withdraw, or otherwise terminate any outstanding
orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to
RECIPIENT or RECIPIENT’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, RECIPiENT shall not be relieved
of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by RECIPIENT,
and CITY may withhold any reimbursement to RECIPIENT until such time as the exact amount of damages due
to CITY from RECIPIENT 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 RECIPIENT, RECIPIENT shall give written notice thereof to CITY within five (5) working days
after being notified of such claim, demand, suit, or other action. Such notice shall state the date and hour ofnotifica-
tion of any such claim, demand, suit, or other action; the names and addresses of the person(s), firm, corporation or
other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis
of such claim, action, or proceeding; and the name of any person(s) against whom such claim is being made or
threatened. Such written notice shall be delivered either personally or by mail.
27. INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is contracting with RECIPIENT as an
independent contractor and that as such, RECIPIENT shall save and hold CITY, its officers, agents, and employ-
ecs 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 RECIPIENT.
RECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY, its agents, employees,
or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses,
A.
B
Page 12 of 19
and liability arising out of the use of these contracted funds and program administration and implementation
except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors.
28. NON-RELIGIOUS ACTIVITIES
No organization will be prohibited from participating in activities supported by CITY funding including programs
that make funds available through contracts, grants, or cooperative agreements. RECIPIENT 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 RECIPIENTS’ programs.
Faith based organizations that carry out programs or activities with direct financial assistance are required to
provide written notice of certain protections to beneficiaries and prospective beneficiaries. Specifically, such
organizations are required to give notice to beneficiaries that:
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;
3. The organization must separate, in time or location, any privately funded explicitly religious activities from
activities supported by direct Federal financial assistance;
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; and
5. A beneficiary or prospective beneficiary may report an organization's violation ofthese 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 are
to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective
beneficiary objects to the religious character of the organization, and to refer the beneficiary or prospec-
tive beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has no such
objection
A.
B.
29. MISCELLANEOUS
RECIPIENT 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 13 of 19
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
RECIPIENT shall become the property of CITY upon receipt.
Debarment: RECIPIENT certifies that it is not listed on the System for Award Management (SAM), which list
the debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549 and 24 CFR Part 24
In no event shall any payment to RECIPIENT 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
RECIPIENT. 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 rem-
edies are always specifically preserved. No representative or agent of CITY may waive the effect of this provi-
sion
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
will have the final authority to render or to secure an interpretation.
If RECIPIENT provides services to the homeless it is required to:
a. Report homeless data to the Homeless Management Information System (HMIS). Homeless Management
Information System (HMIS): HVIIS is a countywide data management tool designed to facilitate data collec-
tion in order to improve human service delivery throughout Denton County. Participation in the Homeless
Management Information System (HVllS) is a requirement per this agreement. Data entered into HMIS will
help our community improve services to individuals experiencing homelessness by providing accurate infor-
maHon on the extent and nature of homelessness in our community and by accounting for our success in
helping people move out of homelessness. Participation is also critical to help Denton and Denton County
successfully compete for grants for federal funding, such as the U.S. Department of Housing and Urban
Development’s homeless assistance funds.
b. 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 im-
prove the planning, coordination, oversight, and implementation required to create systems change for hous-
ing/homelessness initiatives in Denton County. Further, the RECIPIENT is encouraged to work in partner-
ship with fellow service providers to improve efficiency and effectiveness.
For purposes of this Agreement, all official communications and notices among the parties shall be deemed made
if sent postage paid to the parties and address set forth below:
F.
G.
H
I
TO CITY:
City Manager
City of Denton
215 E. McKinney
Ste 1 12 Denton, Texas 76201
TO RECIPIENT:
Grace Like Rain, Inc.
Ann: Executive Director/CEO/Commander
306 N Loop 288, Suite 1 12
Denton, Texas 76209
Page 14 of 19
w/ a copy to:
Catherine Clifton, Deputy City Attorney
215 E. McKinney
Denton, Texas 76201
J. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation
concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas.
IN WITNESS OF _WHICH thisIT” iF
CITY Grace Like Rain, Inc.
BY:
TITLE:CITY MANAGER
ATTEST:
._Z?P/>/? . d}?;i.
ROSA RIOS,
CITY SECRETARY
La tIP 1 1:IfI/
Page 15 of 19
Signature
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
Community Services Manager
Title
Community Services
Department
Dq
Date Signed:t„l”
Page 16 of 19
Exhibit A
Scope of Services
The Scope of Services under this Agreement shall be as follows:
SECTION I – SERVICE GOAL
RECIPIENT 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.
RECIPIENT shall provide: Homelessness Prevention Program. The Homelessness Prevention Program decreases
homelessness in Denton by providing rental and/or utility assistance to low-and-moderate-income individuals and
families who are experiencing a financial crisis that could result in a loss of housing. The program will be operated
at 306 N Loop 288, Suite 1 12 Denton, Texas 76209. The program will operate 9:00 a.m. to 5:00 p.m. Monday-Friday.
SECTION II – OUTCOMES
Tracking outcome measures will be a tool by which the CITY and the can measure services delivered
and performance under this agreement.
RECIPIENT provides benefits to the citizens of the City of Denton through these outcomes:
• 85% of clients will be able to maintain stable housing for at least 90 days. 85% for a total of 122 clients.
• 75% of client’s household income will increase within 6 months after homelessness prevention assistance
services are provided. 75% for a total of 108 clients.
• 100% of clients will develop a budget plan and demonstrate ability to meet the budget plan immediately
following services provided. 100% for a total of 1 44 clients.
SECTION II – UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the RECIPIENT can measure services and performance
under this Agreement. The total number of units of service required constitutes the performance target for the
RECIPIENT 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 of Unduplicated Clients
Agency: 336 Program: 144
Total Number of Unduplicated Clients City of Denton Only:
Agency: 300 Program: 144
Service Unit 1 :
Unit of Service: Rental & Utility Assistance
Total Clients: 56
Total Units Delivered: 14
Unit of Service Cost: $12,000.00
Page 17 of 19
Cost per Client: $2 14.26
Cost per Unit: $857. 14
Exhibit B
Budget
RECIPIENT shall provide the services listed in this Agreement within the monetary limits attached hereto and incor-
porated by reference herein. In no event shall compensation to the RECIPIENT exceed the lesser of the RECIPIENT’s
costs attributable to the work performed as stated herein, or sum of Twelve Thousand Dollars ($ 12,000.00).
Allowable Expenditure
Rental & Utility Assistance
Total $12,000.00
RECIPIENT will be reimbursed for financial assistance provided to income eligible clients residing in the City of
Denton. RECIPIENT 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 the first Request for Reimbursement (RFR)
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 oftimesheet 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 of Goods or Services:
1. Invoice/receipt
2. Proof of payment (copy of check with check number or bank statement)
Page 18 of 19
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)
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
18, 100
20,700
23,300
26,200
30,680
35, 160
39,640
44, 120
Page 19 of 19