20-2243ORDnqANCE NO ,20-2243
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE crTY MANAGER, OR
HIS DESIGNEE. TO EXECUTE A SERVICE AGREEMWr BY AND BETWEEN THE
JUNCTION OF DENFON COUNTY AND THE CITY OF DENTON AND PROVIDEVG FOR
THE EXPENDITURE OF FUNDS FOR HOMELESSNESS n{rrIATivES IN THE AMOUNT
OF $100,000.00 FOR RAPID RE-HOUSING RENTAL ASSISTANCE IN FURTHERANCE
OF THE coORDnqATED SYSTEM OF HOMELESS ASSISTANCE PROGRAMS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROviDnqC AN
EFFECTIVE DATE.
WHEREAS, the City of Denton (the “City”) and The Junction of Denton County
(“Agency”) desire to enter into an agreement to provide for program services as part of a
coordinated system of homeless assistance programs (the “Programs”) to reduce homelessness in
the City; and
WHEREAS, Agency and the City parties hereto agree, and by the execution hereof are
bound to the mutual obligations outlined in the Service Agreement attached hereto and made a
pan hereof by reference (the " Agreement ”); and
WHEREAS, City has adopted a budget for such funds and included therein an authorized
budget for expenditure of funds; and
WHEREAS, the City Council of the City of Denton hereby finds that the Agreement
between the City and Agency, attached hereto and made a part hereof by reference, serves a
muracipal and public purpose, is in the public interest, and of a benefit to the citizens of the City
of Denton; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAnqs:
SECTION 1. The 6ndings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTiON 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement with Agency and to carry out the duties and responsibilities of the City under the
Agreemm, including the expenditure of funds as provided for therein.
SEC'TION 3. This Ordinance shall become efFective immediately upon its passage and
approval.
The motion to approve this ordinance was made by \) A) bCM: A+ac
by ?aA) \ Inc lner , the ordinance was passed and approved by the
following vote LL - II:
and seconded
Page 1
Aye
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Nay Abstain Absent
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:
PASSED AND APPROVED thi, th, _M_b_ d,y ,fd@£mb£_, 2020.
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ATTEST:
ROSA RIOS, CITY SECRETARY
CHRIS WATTS. MAYOR
By: Mayor Pro Tem Gerard Hudspeth
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k§,$APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON AND
THE JUNCTION OF DENTON COUNTY
HOMELESS INITATIVES: RAPID RE-HOUSING
This Agreement is hereby entered into by and between the City of Denton a Texas home rule
municipal corporation, hereinafter referred to as "City", and The Junction of Denton County, a
Texas non-profit corporation, hereinafter referred to as " Agency" .
WHEREAS, the City and Agency desire to enter into an agreement to provide for
program services as part of a coordinated system of homeless assistance programs (the
“Programs”) to reduce homelessness in the City; and
WHEREAS, City has adopted a budget for such funds and included therein an authorized
budget for expenditure of funds; and
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 November 1, 2020, and shall terminate on
September 30, 2021, unless sooner terminated because funding is no longer available or in
accordance with Section 25 “Termination.” The City shall have the right, but not the obligation,
to extend the term of this agreement.
2. RESPONSIBILITIES
AGENCY 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 AGENCY’s executive officer to be AGENCY’s
representative responsible for the management of all contractual matters pertaining hereto, unless
written notification to the contrary is received from AGENCY and approved by CITY.
A. The CITY’s Community Services Manager will be CITY’s representative responsible for the
administration of this Agreement.
B. AGENCY certifies that the activities carried out with CITY funds shall benefit people
experiencing homelessness.
3 . OBLIGATIONS
Limit of Liability. CITY will reimburse AGENCY for expenses incurred pursuant to and in
accordance with the PROGRAM BUDGET attached hereto as EXHIBIT B and the SCOPE
OF SERVICES herein attached as EXHIBIT A; both incorporated herein by reference.
Notwithstanding any other provision of the Agreement, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the sum of One Hundred
Thousand Dollars ($ 100,000).
A
B.Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by AGENCY and receipt of a requisition for payment with appropriate
documentation of expenditures, CITY shall make payments to AGENCY based on the
PROGRAM BUDGET in EXHBIT B, subject to the limitations and provisions set forth in
this Section and Section 5 of this Agreement.
( 1) The parties expressly understand and agree that the CITY’s obligations under this Section
are contingent upon the actual receipt of adequate funds to meet CITY’s liabilities under
this Agreement. If adequate funds are not available or appropriated to make payments
under this Agreement, CITY shall notify AGENCY in writing within a reasonable time
after such fact has been determined. CITY may, at its option, either reduce the amount of
its liability, as specified in Subsection A of this Section, or terminate the Agreement.
(2) it is expressly understood that this Agreement in no way obligates the CITY to provide
more fbnds 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
I 9
(c) is not in strict accordance with the terms of this Agreement, including all Attachments
hereto 9
(d) has not been billed to CITY within 90 calendar days following billing to AGENCY,
or termination of the Agreement, whichever date is earlier; or
(e) is not an allowable cost as defined by Scope of Services and the Program Budget.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to
any activity of AGENCY requiring prior written authorization from CITY, or after CITY
has requested that AGENCY fbrnish data concerning such action prior to proceeding
further, unless and until CITY advises AGENCY to proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than
AGENCY 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.
AGENCY’S Obligations. In consideration of the receipt of funds from the CITY, the
AGENCY agrees to the following terms and conditions:
(1) One Hundred Thousand Dollars ($100,000.00) may be paid to AGENCY 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
Exhibit A both incorporated herein by reference. AGENCY shall not utilize these funds
for any other purpose. AGENCY shall not utilize these funds for any other purpose.
(2) AGENCY will establish, operate, and maintain an account system for these funds that
will allow for tracking of funds and a review of the financial status of the project. The
system will be based on Generally Accepted Accounting Principles.
(3) AGENCY will permit authorized CITY officials to review its books at any time.
(4) AGENCY will reduce to writing all of its rules, regulations, and policies and file a copy
with CITY's Community Development Office along with any amendments, additions, or
revisions upon reasonable request.
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(5) AGENCY will not enter into any contracts that would encumber CITY funds for a period
that would extend beyond the term of this Agreement.
(6) AGENCY 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) AGENCY will appoint a representative who will be available to meet with CITY officials
when reasonably requested.
(8) AGENCY will indemnify and hold harmless CITY, its officers, and employees, from any
and all claims and suits arising out of the project or activities of AGENCY, its
employees, or contractors.
(9) AGENCY will submit to CITY copies of year-end audited financial statements.
4. PERFORMANCE
AGENCY will provide, oversee, administer, and carry out the activities and services set out in
the SCOPE OF SERVICES in Exhibit A, utilizing the funds described in PROGRAM BUDGET
in Exhibit B, deemed by both parties to be necessary and sufficient payment for full and
satisfactory performance of the program, as determined solely by CITY and in accordance with
all other terms, provisions, and requirements of this Agreement. No modifications or alterations
may be made in the Scope of Services or Budget without the prior written approval of the
CITY’s Community Services Manager.
5 . PAYMENTS
Payments to AGENCY. The CITY shall pay to AGENCY a maximum amount of money not
to exceed One Hundred Thousand Dollars ($100,000.00) for services rendered under this
Agreement. The CITY will pay these funds on a reimbursement basis to AGENCY 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. AGENCY’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.
AGENCY reimbursement request for any period will not exceed one-fourth (1/4) of any
budgeted line items for costs as specified in Exhibit B without prior written authorization
from the CITY.
Excess Payment. AGENCY 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 AGENCY;
(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, AGENCY will refund such amount to CITY within ten
working days of a written notice to AGENCY, which specifies the amount disallowed.
Refunds of disallowed costs may not be made from these or any funds received from or
through CITY.
A.
B.
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F.Reversion of Assets.
(1) AGENCY, 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 AGENCY’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 AGENCY 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 AGENCY, as well as any remaining unexpended funds which shall
be refunded to CITY within ten working days of a written notice to AGENCY to revert
these financial assets.
G.
6. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
AGENCY 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.
AGENCY shall give the CITY and any authorized representative, access to and the right to
reproduce all records belonging to or in use by AGENCY pertaining to this Agreement.
Such access shall continue as long as AGENCY retains the records. AGENCY shall
maintain such records in an accessible location.
AGENCY 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 AGENCY will be subject
to the requirements of this Agreement. The AGENCY agrees to be responsible to CITY for
the performance of any subcontractor.
A.
B.
C.
7. WARRANTIES
rENCY represents and warrants that:
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
Any supporting financial statements heretofore requested by CITY and furnished to CITY,
are complete, accurate, and fairly reflect the financial condition of AGENCY 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 AGENCY
No litigation or legal proceedings are presently pending or threatened against the AGENCY.
None of the provisions herein contravene or are in conflict with the authority under which
AGENCY is doing business or with the provisions of any existing indenture or agreement of
AGENCY.
AGENCY 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.
B.
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D.
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F.
G.
None of the assets of AGENCY is subject to any lien or encumbrance of any character,
except for cur-rent taxes not delinquent, except as shown in the financial statements and/or
other documents furnished by AGENCY to CITY.
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
8. MAINTENANCE OF RECORDS
AGENCY 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.
AGENCY 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 AGENCY 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 AGENCY 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.
A.
B.
C.
D.
9. MONITORING AND EVALUATION
AGENCY agrees to participate in a monitoring and evaluation system whereby the services can
be continuously monitored. CITY shall perform monitoring of the AGENCY’s performances
under this Agreement.
A. AGENCY agrees that CITY may carry out monitoring and evaluation activities to ensure
adherence by AGENCY to the provisions of this Agreement.
B. AGENCY 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. AGENCY 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. AGENCY agrees to make available upon request its financial records for review by CITY at
CITY's discretion. In addition, AGENCY agrees to provide CITY the following data and
reports, or copies thereof:
( 1) All external or internal evaluation reports.
(2) Performance/beneficiary reports to be submitted in the schedule published by the CITY’s
Community Development Division. Reports will include such information as requested
by the CITY’s Community Development Division including but not limited to: number of
persons or households assisted, race, gender, disability status, and documentation of
homelessness status
(3) Financial statements no less than once every three months. Each statement shall include
current and year to date period accounting of all revenues, expenditures, outstanding
obligations, and beginning and ending balances; and
(4) An explanation of any major changes in program services.
To comply with this section, AGENCY 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. AGENCY's record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure.
AGENCY 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 AGENCY of responsibility for
retaining accurate and current records, which clearly reflect the level and benefit of services,
provided under this Agreement.
Nothing in the above subsections shall be construed to relieve AGENCY of responsibility for
retaining accurate and current records that clearly reflect the level and benefit of services
provided under this Agreement.
E.
F.
10.MEETINGS
Upon request, minutes of all meetings of AGENCY's governing body shall be available to City
within ten (10) working days of approval.
11. INSURANCE
AGENCY 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“ coverage, with CITY named as certificate holder
which requires that CITY and AGENCY be notified in writing of any cancellation or change
in the policy at least 30 days prior to such change or cancellation. Upon request of
AGENCY, CITY may, at its sole discretion, approve alternate insurance coverage
arrangements.
AGENCY 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
AGENCY will maintain adequate and continuous liability insurance on all vehicles owned,
leased, or operated by AGENCY. All employees of AGENCY 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
AGENCY’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 AGENCY.
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B.
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12. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A.
B.
C.
AGENCY shall comply with all applicable equal employment opportunity and affirmative
action laws or regulations.
AGENCY will furnish all information and reports requested by City, and will permit access
to its books, records, and accounts for purposes of investigation to ascertain compliance with
local, State and Federal rules and regulations.
In the event of AGENCY's non-compliance with the non-discrimination requirements, the
Agreement may be canceled, terminated, or suspended in whole or in part, and AGENCY
may be barred from further contracts with City.
13. PERSONNEL POLICIES
Personnel policies shall be established by AGENCY and shall be available for examination. Such
personnel policies shall:
A. Include policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits, vacation and sick leave privileges, and travel;
B. Be in writing; and
C. Be approved by the governing body of AGENCY.
14. CONFLICT OF INTEREST
AGENCY 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. AGENCY 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.
AGENCY 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 personal interest or the interest in any corporation, partnership, or
AGENCY in which he has direct or indirect interest.
A.
B.
C.
15. 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.
AGENCY may not make transfers between or among approved line items within budget
categories set forth in Exhibit B without prior written approval of CITY. AGENCY 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.
AGENCY will submit revised budget and program information, whenever the level of
funding for AGENCY or the program(s) described herein is altered according to the total
levels contained in any portion of Exhibit A or Exhibit B.
A.
B.
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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 AGENCY'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.
AGENCY 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.
AGENCY 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.
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1.
16. TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph:
( 1) AGENCY’s failure to materially comply with any of the terms of this Agreement.
(2) AGENCY’s violation of covenants, agreements, or guarantees of this Agreement.
(3) Termination or reduction of funding by the CITY.
(4) Finding by CITY that the AGENCY:
(a) is in such unsatisfactory financial condition as to endanger performance under this
Agreement;
(b) has allocated inventory to this Agreement substantially exceeding reasonable
requrrernents; or
(c) is delinquent in payment of taxes or of costs of performance of this Agreement in the
ordinary course of business.
(5) Appointment of a trustee, receiver, or liquidator for all or substantial part of AGENCY’s
property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation
proceedings by or against AGENCY.
(6) AGENCY’s inability to conform to changes required by Federal, State, and local laws or
regulations as provided in Section 6, and Section 2, of this Agreement.
(7) The commission of an act of bankruptcy.
(8) AGENCY’s violation of any law or regulation to which AGENCY is bound or shall be
bound under the terms of the Agreement.
CITY shall promptly notify AGENCY in writing of the decision to terminate and the
effective date of termination
CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, AGENCY 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
B.
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services actually performed bears to the total services of AGENCY covered by the
Agreement, less payments previously made.
AGENCY may terminate this Agreement in whole or in part by written notice to CITY, if a
termination of outside funding occurs upon which AGENCY depends for performance
hereunder. AGENCY 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 AGENCY and the funding source in question. AGENCY may
terminate this Agreement upon the dissolution of AGENCY’s organization not occasioned by
a breach of this Agreement.
Upon receipt of notice to terminate, AGENCY 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 AGENCY or AGENCY’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, AGENCY
shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any
breach of the Agreement by AGENCY, and CITY may withhold any reimbursement to
AGENCY until such time as the exact amount of damages due to CITY from AGENCY is
agreed upon or otherwise determined.
D.
E.
F.
17. INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is contracting with
AGENCY as an independent contractor and that as such, AGENCY 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 AGENCY.
AGENCY agrees to provide the defense for, and to indemnify and hold harmless CITY, its
agents, employees, or contractors from any and all claims, suits, causes of action, demands,
damages, losses, attorney fees, expenses, and liability arising out of the use of these
contracted funds and program administration and implementation except to the extent caused
by the willful act or omission of CITY, its agents, employees, or contractors.
A.
B.
18. MISCELLANEOUS
A. AGENCY shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any claim arising thereunder to any party or parties, bank, trust company or other
financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
C. All reports, documents, studies, charts, schedules, or other appended documentation to any
proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence, and related material submitted by AGENCY shall become the property of
CITY upon receipt.
Debarment: AGENCY ceRifies that it is not listed on the System for Award Management
(SAM), which list the debaned, 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 AGENCY hereunder, or any other act or failure of CITY toE
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 AGENCY. Neither shall such
payment, act, or omission in any manner impair or prejudice any right, power, privilege, or
remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or
remedies are always specifically preserved. No representative or agent of CITY may waive
the effect of this provision.
This Agreement,' together with referenced EXHIBITS, constitutes the entire agreementF
between the par-ties hereto, and any prior agreement, assertion, statement, understanding, or
other commitment antecedent to this Agreement, whether written or oral, shall have no force
or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other
commitment occurring during the term of this Agreement, or subsequent thereto, have any
legal force or effect whatsoever, unless properly executed in writing, and if appropriate,
recorded as an amendment of this Agreement
G. In the event any disagreement or dispute should arise between the parties hereto pertaining to
the interpretation or meaning of any part of this Agreement or its governing rules, codes,
laws, ordinances, or regulations, CITY will have the final authority to render or to secure an
lnterpretatlon.
H. If AGENCY provides services to the homeless it is required to:
(1) Report homeless data to the Homeless Management Information System (HMIS).
Homeless Management Information System (HMIS): HMIS is a countywide data
management tool designed to facilitate data collection in order to improve human service
delivery throughout Denton County. Participation in the Homeless Management
Information System (HMIS) is a requirement per this agreement. Data entered into HMIS
will help our community improve services to individuals experiencing homelessness by
providing accurate information on the extent and nature of homelessness in our
community and by accounting for our success in helping people move out of
homelessness. Participation is also critical to help Denton and Denton County
successfully compete for grants for federal funding, such as the U.S. Department of
Housing and Urban Development’s homeless assistance funds.
(2) Participate in the Denton County Homeless Leadership Team meetings and any
applicable workgroup(s). The Denton County Homeless Leadership Team is a
collaborative, cross-sector team that convenes to improve the planning, coordination,
oversight, and implementation required to create systems change for
housing/homelessness initiatives in Denton County. Further, AGENCY is encouraged to
work in partnership with fellow service providers to improve efficiency and
effectiveness
D
18. NOTICE
A.Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not,
when deposited in the United States mail, postage prepaid, registered or certified, return
receipt requested, or via hand-delivery or facsimile, addressed to AGENCY or City, as the
case may be, at the following addresses:
TO CITY:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
TO AGENCY:
Agency
Attn: Executive Director/CEO/Commander
Add 1
City, St Zip
w/ a copy to:
Catherine Clifton, Deputy City Attorney
215 E. McKinney
Denton, TX 76201
B.
C.
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
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 this Agreement has been executed on this the
NoV CMb e( , 2020.
loth day of
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CITY MANAGER
a. -AGENCY
TITLE
ATTEST:
,:2#hz_
ROSA RIOS,
CITY SECRETARY
/L
SEC–RETARY
APPROVED AS TO LEGAL FORM:
CITY A ORNEY
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
Community Services Manaqer
Title
Community Services
Department
11/04/20
Date Signed:
Exhibit A
SCOPE OF SERVICES
Rapid Re-Housing (RM) provides housing relocation and stabilization services and assistance as
necessary to help an individual or family experiencing homelessness move as quickly as possible into
permanent housing and achieve stability in that housing. Funding for Rapid Re-Housing programs is
to assist households experiencing homelessness with application fees, deposits, and rental assistance
as necessary to move the household from homeless to housed and provide housing stability.
A.The SCOPE OF SERVICES under this Agreement shall be as follows:
(1) Funding must be expended by September 30, 2021.
(2) Status of homelessness must be verified and documented in HMIS.
(3) Funds may only be used for Rapid Re-Housing Assistance that is limited to financial
assistance for:
a. Application Fees
b. Deposits
c. Rental Assistance (maximum 6 months)
(4) Financial Assistance cannot be paid directly to the client, only on behalf of the client to the
Landlord/Owner for the assisted unit
(5) Assisted Housing Units must meet certain standards:
a. Lease in the Client name for at least 6 months
b. Habitability documented prior to any lease agreement being executed. The structure
and materials must be structurally sound to protect residents from the elements and
not pose any threat to the health and safety of the residents. AGENCY will have a
procedure in place to ensure that habitability is documented prior to executing a lease
for an assisted unit
c. Unit must meet Rent Reasonableness requirements, the standard to ensure that rents
being paid are reasonable in relation to rents being charged for comparable unassisted
units in the same market. AGENCY will have a procedure in place to ensure that
compliance with rent reasonableness standards is documented prior to executing a
lease for an assisted unit.
d. Fair Market Rent calculation is not required but all efforts to ensure the housing unit
will be affordable to the client(s) once assistance ends must be documented.
e. Unit should have adequate number of bedrooms for the number of
household/roommates.
B. Tracking outputs/outcome measures will be a tool by which the CITY and the AGENCY can
measure services delivered and performance under this agreement.
•
•
•
•
Total number of people served experiencing homeless entered into Coordinated Entry and on
the Housing Priority List
Total number enrolled to receive the Rapid Re-Housing Assistance
Total number housed with Rapid Re-Housing Assistance
Total number who maintain housing for 3 months after Rapid Re-Housing Assistance ends
Exhibit B
Budget
AGENCY 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 AGENCY exceed
the lesser of the AGENCY’s costs attributable to the work performed as stated herein, or sum of One
Hundred Thousand Dollars ($100,000.00).
AGENCY will submit monthly reimbursement requests for financial assistance. AGENCY will be
reimbursed for eligible expenditures (Section A.) for financial assistance provided to eligible clients
as described in Exhibit A. Scope of Services and supported with written documentation verifying the
expense was both incurred and paid (Section B.) within the term of the agreement and prior to the
request for reimbursement.
A. Allowable Expenditures
Application Fees, Deposits and Rental Assitance
Total Allocation
$ 1 00,000.00
B Reimbursement requests must include:
( 1) Client List, numbered with unique HMIS identifier (at least quarterly)
(2) Invoice/Receipt/Lease agreement listing monthly rent
(3) Proof of payment (copy of check with check number or bank statement)
(4) City of Denton Rent Reasonableness/FMR Form