2008-264ORDINANCE NO. 200X-Zl
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT FOR ONE HUNDRED EIGHTY SIX
THOUSAND FIVE HUNDRED AND FIFTY FIVE DOLLARS FROM THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNTY AFFAIRS EMERGENCY SHELTER
GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO IMPLEMENT
THE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the provision of services to
residents who are homeless and with providing decent housing, a suitable living environment,
and assisting homeless households to achieve self sufficiency; and
WHEREAS, the City of Denton, Texas, participates in the Denton County Homeless
Coalition providing a continuum of care for homeless and potentially homeless households; and
WHEREAS, the City of Denton, Texas, wishes to accept a grant award of one hundred
eighty six thousand five hundred and fifty-five dollars ($186,555.00) through the Emergency
Shelter Grant Program, as authorized by the Stewart B. McKinney Homeless Assistance Act of
1987 as amended (42 U.S.C. Sec. 11371 et seg.), and as administered through the United States
Department of Housing and Urban Development; and
WHEREAS, the Texas Legislature has designated the Texas Department of Housing and
Community Affairs as the administering agency for the Emergency Shelter Grant Program
pursuant to Sec. 2306.094, Texas Government Code; and
WHEREAS, the City of Denton, Texas, intends to sub-contract with local social service
agencies to provide services through the emergency shelter grant program; and
WHEREAS, the Texas Department of Housing and Community Affairs requires the
appropriate certifications and the City Council deems it in the public interest to authorize the
City Manager to execute a grant agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City
Manager to sign and submit to the Texas Department of Housing and Community Affairs and all
appropriate officials thereof, a grant agreement, together with all necessary certifications, and
other documents as well as appropriate resources for entitlement of funds under the Stewart B.
McKinney Homeless Assistance Act of 1987, as amended and Emergency Shelter Grant
Program pursuant to Sec. 2306.094 of the Texas Government Code., and all other applicable
laws, as necessary to obtain a grant under the Emergency Shelter Grant Program to provide
services to homeless residents of Denton. That the City Manager is authorized to take all other
actions necessary to execute an agreement and administer this grant including execution of
agreements with each of the designated subrecipient organizations.
SECTION 2. That the Community Development Administrator is authorized, under the
supervision of the City Manager, to handle all fiscal and administrative matters relating to the
administration of the Emergency Shelter Grant Program, if it is funded and all other matters
connected therewith.
SECTION 3. That the City Secretary is hereby authorized to furnish true, complete, and
correct copies of this ordinance to all interested parties.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval. ~j
PASSED AND APPROVED this the '11
day of , 2008.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~~Mlkl A,
APPROVED AS TO LEGAL FORM:
BY:
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 42080000272 FOR THE
EMERGENCY SHELTER GRANTS PROGRAM
CFDA NO. 14.231
SECTION 1. THE PARTIES
This agreement is made by and between the Texas Department of Housing and Community Affairs, an agency of the State
of Texas (herein the "Department") and City of Denton (herein the "State Subrecipient" or "Subrecipient").
SECTION 2. GRANT PERIOD
The period for performance of this agreement, unless earlier terminated, is September 01, 2008 through August 31, 2009
(herein the "Grant Period").
SECTION 3. STATE SUBRECIPIENT PERFORMANCE
State Subrecipient shall conduct, in a satisfactory manner as determined by Department, an Emergency Shelter Grants
Program pursuant to the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C Sec. 11371 et. seq.) (herein
the "Act"). Subrecipient shall perform all activities in accordance with the temts of the Budget (herein "Exhibit A"); the
Match (herein "Exhibit B"); the Applicable Laws and Regulations (herein "Exhibit C"); the assurances, certifications, and
other statements made by the Subrecipient in its Emergency Shelter Grants Program (herein "ESGP") application, and
with all other terms of this grant agreement. If the persons to benefit from the activities described in Exhibit A are not
receiving a service or benefit, the Subrecipient is liable to repay The Department any associated disallowed costs.
SECTION 4. DEPARTMENT OBLIGATIONS
A. In consideration of Subrecipient's full and satisfactory performance of this agreement, Department shall reimburse the
actual allowable costs incurred by Subrecipient in an amount up to: $186,555.00
B. Department's obligation under this agreement are contingent upon the actual receipt of adequate ESGP funds from the
U.S. Department of Housing and Urban Development (herein "HUD"). If sufficient funds are not available to make
payments under this grant agreement, Department shall notify Subrecipient in writing within a reasonable time after
such fact is determined. Department shall then terminate this agreement and will not be liable for the failure to make
payment to Subrecipient under this agreement.
C. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient by Department, which
Department determines has resulted in an overpayment, or which Department determines has not been spent strictly in
accordance with the terms of this agreement. Subrecipient shall make such refund within fifteen (15) days after the
Department's request.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. Subrecipients may request a one-time working capital advance for 30 days cash needs or an advance of $5,000
whichever is greater. In order to request an advance payment, Subrecipient must submit to Department a properly
completed Expenditure Report that includes a request for advance funds (Projected Expenses). Thereafter, the
Subrecipient will be reimbursed for the amount of actual cash disbursements, a cost reimbursement basis.
B. Subrecipient's request for advance payment shall be limited to the minimum amounts needed for the effective
performance of this agreement, and shall be timed as closely as possible with Subrecipient's actual immediate cash
requirements. Subrecipient shall establish procedures to minimize the time elapsing between the transfer of funds from
Department and the disbursal of such funds by Subrecipient.
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C. If the Department determines that: (1) Subrecipient has maintained cash balances in excess of need; (2) identifies any
deficiency in the cash controls or financial management system used by Subrecipient; or (3) the Subrecipient fails to
comply with any of the reporting requirements of Section 9, the Department will require Subrecipient to submit
financial documentation related to any expenditures for which reimbursement is sought.
D. All funds paid to Subrecipient under this contract are paid in trust for the exclusive benefit of the eligible Subrecipients
of ESGP services and for the payment of allowable expenditures.
SECTION 6. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
A. Except as specifically modified by law or regulation, in performing this agreement, Subrecipient shall comply with the
administrative requirements set forth in OMB Circular No. A-110 (nonprofit organizations) OMB Circular No. A-102
and the Uniform Grant Management Standards, 1 T.A.C. § 5.141 et. seq. (units of state or local government) or the
regulations codified at 24 C.F.R. Part 85 (units of state or local government), whichever is applicable to Subrecipient.
B. Except as specifically modified by law or regulation, in performing this agreement, Subrecipient shall comply with the
cost principles set forth in OMB Circular No. A-122 (nonprofit organizations) or OMB Circular No. A-87 (units of
state or local government), whichever is applicable to Subrecipient.
C. Notwithstanding any other provision of this grant agreement, Department shall only be liable to Subrecipient for costs
incurred or performances rendered for acti%ities specified in 24 C.F.R. Sec. 576.21(a).
D. Department shall not be liable to Subrecipient for certain costs, including but not limited to costs which:
(1) have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any source other than
Department;
(2) are not allowable costs, as set forth in the Act and Section 6(B) of this agreement;
(3) are not strictly in accordance with the terms of this agreement, including the exhibits;
(4) have not been reported to Department within sixty (60) days following termination of this agreement;
(5) are expended on rehabilitation activities prior to the submission of a Request for Release of Funds and prior to the
release of funds by the U.S. Department of Housing and Urban Development (HUD).
(6) are for the acquisition of an emergency shelter for the homeless;
(7) are for rent of commercial transient accommodations for the homeless (such as hotel or motel rooms) unless the
conditions in Section 22(n of this agreement have been met;
(8) are not incurred during the Grant Period, exclusive of pre-award travel and/or per diem expenses to attend the
ESGP Contract Implementation Workshop.
E. Use of Alcoholic Beverages. None of the funds provided under this contract shall be used for the payment of salaries
to any employee who uses alcoholic beverages while on active duty. No funds provided under this contract for travel
expenses shall be used for the purchase of alcoholic beverages.
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SECTION 7. MATCH REQUIREMENT
A. Subrecipient shall provide an amount of funds equal to the amount of funds provided by Department under this
agreement (herein "Subrecipient's Match"). Subrecipient's Match must be provided during the Grant Period from
sources other than ESGP funds. Funds used to match a previous ESGP award may not be used to match the award
made under this agreement. Subrecipient's Match may include resources provided by any subcontractor to which
Subrecipient provides funds under this agreement.
B. Amounts may be counted towards Subrecipient's Match only if such amounts are costs or resources of a type specified
in Exhibit B, Match and only if such amounts are computed in accordance with this Section. In calculating the amount
of Subrecipient's Match, Subrecipient may include, but is not limited to, cash donations; the value of any donated
material or building; the value of any lease on a building; any salary paid Subrecipient's staff (or that of its
sub-Subrecipients) in carrying out the activities required under this agreement; and the time and services contributed
by volunteers to carry out such activities, determined at the rate of Five Dollars ($5.00) per hour. Subrecipient shall
determine the value of any donated material or building or any lease, using any method reasonably calculated to
establish a fair market value.
SECTION 8. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient shall maintain fiscal records and supporting documentation for all expenditures of funds made under this
agreement in a manner that conforms to OMB Circular No. A-87 or A-122 and this agreement. Subrecipient shall
comply with the retention and custodial requirements for records as set forth in OMB Circular No. A-110 or 24 C.F.R.
Part 85.
B. Subrecipient shall give HUD, the Comptroller General of the United States, the Auditor of the State of Texas, and any
Department authorized representative, access to and the right to reproduce all records belonging to or in use by
Subrecipient pertaining to this grant agreement. Such access shall continue as long as Subrecipient retains the records.
Subrecipient shall maintain such records in an accessible location for four years.
C. Subrecipient shall ensure that any subcontractors receiving funds provided under this grant shall comply with the
record retention and custodial requirements specified in this Section.
SECTION 9. REPORTING REQUIREMENTS
A. Subrecipient shall submit to Department such reports on the performance of this grant as may be required by
Department including but not limited to the reports specified in this Section.
B. Subrecipient shall electronically submit a Performance Report and Expenditure Report to the Department on or before
the twentieth (20th) day of each month following the reported month in the Grant Period, beginning no later than
October 20, 2008, regardless of whether Subrecipient makes a fund request.
C. Subrecipients shall submit, by the 30th day of the month, a Monthly Service Report of ESGP clients reported during
the prior month in the Homeless Management Information Systems (HMIS) database.
D. Subrecipient shall submit a final Expenditure Report to the Department within sixty (60) days after the end of the Grant
Period. The failure of Subrecipient to provide a full accounting of all funds expended under this agreement within sixty
(60) days shall be sufficient reason for Department to deny or terminate any future agreements with Subrecipient. If this
contract provides assistance for renovation, rehabilitation, or conversion, in addition to the electronic final report,
Subrecipient shall submit under separate cover photographs of the finished construction work.
E. Subrecipient shall submit to Department no later than sixty (60) days after the termination of this contract a cumulative
inventory report of all equipment having a unit acquisition cost of $500 or more, acquired in whole or in part with
funds received under this or previous ESGP contracts. Upon the termination of this contract, Department may transfer
title to any such equipment having a unit acquisition cost of $1000 or more to itself or to any other entity receiving
ESGP funds from Department.
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If Subrecipient fails to submit, in a timely and satisfactory manner, any audit, report or response required by this
agreement, including responses to monitoring reports, Department may withhold payments otherwise due to
Subrecipient hereunder. If Department withholds such payments, it shall notify Subrecipient in writing of its decision
and the reasons therefore. Department may withhold payments until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient. If the delinquent report or response is not received within forty-five
(45) days of its due date, Department may suspend or terminate this agreement. If Subrecipient receives ESGP funds
from Department over two or more Grant Periods, funds may be withheld or this agreement suspended or terminated
for Subrecipient's failure to submit a report or response (including a report of audit) past due under a prior grant
agreement.
SECTION 10. MONITORING AND TECHNICAL ASSISTANCE
Department or its designee may conduct periodic on-site monitoring and evaluation of the efficiency, economy, and
effectiveness of Subrecipient's performance of this agreement. Department will advise Subrecipient in writing of any
deficiencies noted during such monitoring. Department will provide technical assistance to Subrecipient and will require
or suggest changes in Subrecipient's program implementation, accounting, personnel, procurement, or management
procedures in order to correct any deficiencies noted. Department may conduct follow-up visits to review and assess the
efforts Subrecipient has made to correct previously noted deficiencies. Department may place Subrecipient on a
reimbursement method of payment, 'terminate this contract, or invoke other remedies in the event monitoring or other
reliable sources reveal material deficiencies in Subrecipient's performance or if Subrecipient fails to correct any deficiency
within a reasonable period of time.
SECTION IL INDEPENDENT CONTRACTOR
Department is contracting with Subrecipient as an independent contractor. To the extent allowed by law, Subrecipient
agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and
causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to,
arising out of, or in connection with Subrecipient's performance of this contract.
SECTION 12. PROCUREMENT
Subrecipient shall develop and implement procurement procedures that conform to the administrative requirements
referenced in Section 6 and with any procurement guidelines issued by Department. If Subrecipient is a unit of local
government, it shall also comply with all applicable state and local laws relating to procurement. Subrecipient shall not
procure supplies, equipment, materials, or services except in accordance with such procurement procedures.
SECTION 13. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall comply with the conflict of interest provisions at 24 C.F.R. Sec. 576.57(d).
B. Subrecipient represents that neither it nor any member of its goveming body presently has any interest or shall acquire
any interest, direct or indirect, which would conflict with the performance of this agreement and that no person having
such interest shall be employed by Subrecipient or serve as a member of its governing body.
C. Subrecipient shall ensure that no officer, employee, or member of the goveming body of Subrecipient shall vote for or
confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to
any member of Subrecipient's governing body or to any officer or employee who would directly supervise such person.
This prohibition shall not prohibit the continued employment of a person who has been continuously employed for a
period of two years prior to the election or appointment of the officer, employee, or governing body member related to
such person in the prohibited degree.
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SECTION 14. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the legal authority to enter into this agreement and to perform the services
Subrecipient has obligated itself to perform hereunder.
B. The person signing this contract on behalf of Subrecipient hereby warrants that he/she has been duly authorized by
Subrecipient's governing board to execute this agreement on behalf of Subrecipient and to bind Subrecipient to the
terms herein set forth.
C. Department shall have the right to terminate this contract if there is a dispute as to the legal authority of either
Subrecipient or the person signing this contract to enter into this contract or to render performances hereunder.
Subrecipient is liable to Department for any money it has received from Department for performance of the provisions
of this contract, if Department has terminated this contract for reasons enumerated in this Section 14.
SECTION 15. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate notice in writing of any action or claim, including any proceeding before an
administrative agency, filed against Subrecipient and arising out of the performance of this agreement. Subrecipient shall
promptly furnish Department with copies of all pertinent papers received by Subrecipient with respect to such action or
claim.
SECTION 16. SECTARIAN ACTIVITY
The performance of this agreement shall not involve, and no portion of the funds received by Subrecipient hereunder shall
be used in support of inherently religious activities such as worship, religious instruction or proselytization, as part of the
programs or services directly funded under the HUD program or activity.
SECTION 17. CHANGES AND AMENDMENTS
A. Any change in the terms of this agreement, which is required by a change in state or federal law' or regulation is
automatically incorporated herein and is effective on the date designated by such law or regulation.
B. Except as otherwise expressly provided in this agreement, any change in the terms of this agreement shall be reduced to
writing and agreed upon by both parties. Any change to the amount of this contract as shown in Section 4 A shall be
by an amendment hereto in writing and signed by both parties. Any change to the amount specified per activity
category shall be requested in writing by the Subrecipient and authorized by a letter signed by the director of the
Community Affairs Division. Pursuant to Department policy, no Subrecipient-initiated amendments will be approved
or processed during the first 90 days of the Grant Period. Amendments requests must be submitted no later than 60
days prior to the end of the Grant Period.
SECTION I& NON-BINDING GUIDANCE
Department may issue non-binding guidance to explain the rules and provide directions on terms of this contract.
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SECTION 19. TERMINATION AND SUSPENSION
A. Department may terminate this agreement, in whole or in part, at any time Department determines that Subrecipient has
failed to comply with any term of this agreement Department shall notify Subrecipient of such determination in
writing prior to the thirtieth (30th) day preceding the date of termination to provide the reasons for such termination,
the effective date of such termination, and in the case of partial termination, the portion of the agreement to be
terminated.
B. Nothing in this Section shall be construed to limit Department's right to withhold payment or immediately suspend
Subrecipient's performance of this agreement if Department identifies possible instances of fraud, abuse, waste, fiscal
mismanagement, or other serious deficiencies in Subrecipient's performance. Suspension shall be a temporary measure
pending either corrective action by Subrecipient or a decision by Department to terminate this agreement.
C. Upon receipt of notice of suspension or termination, Subrecipient shall cancel, withdraw, or otherwise terminate any
outstanding orders or subcontracts related to the performance of this agreement and shall cease to incur costs
hereunder. Department shall not be liable to Subrecipient for costs incurred after termination of this agreement.
D. Notwithstanding any exercise by Department of its right of suspension or of early termination, Subrecipient shall not
be relieved of any liability to Department for damages due to Department by virtue of any breach of this agreement.
Department may withhold payments to Subrecipient until such time as the exact amount of damages due to Department
by Subrecipient is agreed upon or is otherwise determined and paid.
SECTION 20. AUDIT
A. For any fiscal year included within the Grant Period during which the Subrecipient expended $500,000 or more in total
federal financial assistance, Subrecipient shall arrange for the performance of an annual audit of the funds received and
performances rendered under this grant agreement. The audit shall be made in accordance with the Single Audit Act
Amendments of 1996, 31 U.S.C. 75; and OMB Circular No. A-133, "Audits of States, Local Governments, and
Non-Profit Organizations". The term "federal financial assistance" includes awards of federal financial assistance
received directly from federal agencies, or indirectly through units of state and local government
B. Subrecipient shall submit two (2) copies of the report of such audit to Department within thirty (30) days after the
completion of the audit, but no later than nine (9) months after the end of the audit period. Subrecipient shall insure
that the audit report is made available for public inspection within thirty (30) days after completion of the audit. Audits
performed under this Section are subject to review and resolution by Department or its authorized representative.
C. For each fiscal year ending within or immediately after the Grant Period, Subrecipient must submit an "Audit
Certification Forth" (available from the Department) within sixty (60) days after the Subrecipients fiscal year end.
D. Department reserves the right to conduct additional audits of the funds received and performances rendered under this
grant agreement. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's
records and to obtain any documents, materials, or information necessary to facilitate such audit.
E. Subrecipient shall be liable to Department for any costs disallowed pursuant to audit(s) of funds received under this
agreement. Subrecipient shall reimburse such disallowed costs with funds that are not provided under this contract.
SECTION 21. TRAVEL
Allowable travel costs under this contract shall be determined in accordance with OMB Circulars A-122 or A-87, as
applicable, any Department Issuance on travel, and with Subrecipient's written travel policy. Subrecipient's written travel
policy shall delineate the rates which Subrecipient shall use in computing the travel and per diem expenses of its board
members and employees. Prior to incurring any costs for travel, Subrecipient must provide Department with a copy of its
travel policy and evidence that such policy has been approved by Subrecipient's governing body. If Subrecipient has no
established written travel policy, the travel regulations applicable to Department employees shall apply.
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SECTION 22. SPECIAL CONDITIONS
A. Department shall not release any funds under this agreement until Department has determined that Subrecipient's fiscal
control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for such funds.
B. Department shall not release any funds under this agreement until Department has received a properly completed
Depository/Authorized Signatory Form (Department Form) from Subrecipient.
C. Subrecipient shall obligate (as such term is defined in 24 C.F.R. Sec. 576.3) all funds provided under this agreement
on or before September 13, 2008, 180 days from the date of the FFY 2008 award letter from U.S. HUD.
Department will recapture any funds not so obligated.
D. Subrecipient shall ensure that any building rehabilitated with funds provided under this agreement is maintained as a
shelter for the homeless for not less than a three-year period, or for not less than a ten-year period if such funds are
used for major rehabilitation or conversion of the building. The applicable period shall be calculated in accordance
with 24 C.F.R. Sec. 576.53(b).
E. If Subrecipient uses funds received under this agreement to provide essential services, homeless prevention, or
maintenance and operating costs, the activities must be carried out until all of the funds made available under this
agreement for such activities are expended or for the Grant Period, whichever is shorter. Subrecipient may use one or
more sites or structures to carry out the activities but it must serve the same general population. The "same general
population" means the types of homeless persons originally served with the funds or persons in the same geographical
area.
F. Subrecipient shall make known that use of the facilities and services funded under this agreement are available to all on
a nondiscriminatory basis. Subrecipient also must adopt and implement procedures designed to make available to
interested persons information concerning the existence and location of services and facilities that are accessible to
persons with a disability.
G. Subrecipient shall administer, in good faith, a policy designed to ensure that its homeless facility is free from the illegal
use, possession, or distribution of drugs or alcohol.
H. Subrecipient shall not expend ESGP funds for any activities that would result in the displacement of persons or
businesses.
1. Subrecipient shall, to the maximum extent practicable, involve, through employment, volunteer services, or otherwise,
homeless individuals and families in constructing, renovation, maintaining, and operating facilities assisted under this
agreement, in providing services assisted under this agreement, and in providing services for occupants of facilities
assisted under this agreement.
J. If Subrecipient intends to provide emergency shelter for homeless persons in hotels or motels, or other commercial
facilities providing transient housing, Subrecipient must provide the Department with a certification that: (1) leases
negotiated between Subrecipient and providers of such housing provide or will provide that the living space will be
rented at substantially less that the daily room rate otherwise charged by the facility; and (2) the Subrecipient has
considered other facilities as emergency shelter, and has determined that use of the facilities provides the most
cost-effective means of providing emergency shelter in its service area.
K. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any
individual provided family violence prevention or treatment services under any project assisted under this agreement,
and that the address or location of any family violence shelter project assisted will, except with written authorization of
the person or persons responsible for the operation of such shelter, not be made public.
L. Subrecipient shall ensure that any building for which ESGP amounts are used for renovation, conversion, or major
rehabilitation must meet local government safety and sanitation standards.
M. None of the funds provided under this agreement may be used in connection with any dwelling unit unless the unit is
protected by a hard-wired or battery-operated smoke detector installed in accordance with National Fire Protection
Association Standard 74.
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N. Subrecipient shall only subcontract for budget line items under this contract which are not specified in Exhibit A after
Subrecipient has submitted information concerning each such proposed subcontract to Department and has obtained
Department's prior written approval of Subrecipient's intent to enter into such proposed contract Subrecipient, in
subcontracting for any performances described in this contract, expressly understands that in entering into such
subcontracts, Department is in no way liable to Subrecipient's subcontractor(s). In no event shall any provision of this
paragraph, specifically the requirement that Subrecipient obtain Department's prior written approval of a subcontract,
be construed as relieving Subrecipient of the responsibility for ensuring that the performances rendered under all
subcontracts are rendered so as to comply with all of the terms of this contract, as if such performances were rendered
by Subrecipient Department's approval under this paragraph does not constitute adoption, ratification, or acceptance
of Subrecipient's or subcontractor's performance hereunder and Department maintains the right to insist upon
Subrecipient's full compliance with the terms of this contract Subrecipient shall include language in any subcontractor
that provides the Department the ability to directly review, monitor, or audit the operational and financial performance
or records of work performed under this contract.
SECTION 23. POLITICAL ACTIVITY AND LOBBYING
A. None of the funds provided under this contract shall be used for influencing the outcome of any election, or the
passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or
employee of Subrecipient from furnishing to any member of its governing body upon request, or to any other local or
state official or employee or to any citizen information in the hands of the employee or official not considered under
law to be confidential information. Any action taken against an employee or official for supplying such information
shall subject the person initiating the action to immediate dismissal from employment.
B. No funds provided under this contract may be used directly or indirectly to hire employees or in any other way fund or
support candidates for the legislative, executive, or judicial branches of government, the State of Texas, or the
government of the United States.
C. None of the funds provided under this contract shall be expended in payment of the salary for full-time employment of
any employee who is also the paid lobbyist of any individual, firm, association, or corporation. None of the funds
provided by this contract shall be expended in payment of the partial salary of a part-time employee who is required to
register as a lobbyist by virtue of the employee's activities for compensation by or on behalf of industry, a profession or
association related to operation of Subrecipient A part-time employee may serve as a lobbyist on behalf of industry, a
profession, or association so long as such entity is not related to Subrecipient Except as authorized by law, no contract
funds shall be expended in payment of membership dues to an organization on behalf of Subrecipient or an employee
of Subrecipient if the organization pays all or part of the salary of a person required to register under Chapter 305,
Government Code.
D. None of the funds provided under this contract shall be paid to arty official or employee who violates any of the
provisions of this section.
E. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing of
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Forth to Report Lobbying," in
accordance with its instructions.
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SECTION 24. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and
correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and
effective management of all program and fiscal activities funded by this agreement. Subrecipient's internal control
systems and all transactions and other significant events are to be clearly documented and the documentation shall be
readily available for monitoring by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of
monitoring or investigating the performance of this agreement. Subrecipient shall fully cooperate with Department's
efforts to detect, investigate, and prevent waste, fraud, and abuse.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this
agreement or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is
made in good faith.
SECTION 25. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this agreement may not be substituted for funds or resources from any other source
nor in any way serve to reduce the funds or resources which would have been available to or provided through
Subrecipient had this agreement never been executed
SECTION 26. DEBARMENT
By signing this contract Subrecipient certifies that it will not award any funds provided under this contract to any party
which is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549 and 24 CFR Part 24. Subrecipient shall receive the certification provided by the Department
from each proposed subcontractor under this contract and its principals.
SECTION 27. NO WAIVER
No right or remedy given to Department by this contract shall preclude the existence of any other right or remedy, nor
shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure
of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to
exercise that or any other right or remedy at a later time.
SECTION 28. SEVERABILITY
If any portion of this agreement is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain
valid and binding.
SECTION 29. PRIOR ORAL AND WRITTEN AGREEMENTS
All oral and written agreements between the parties to this contract relating to the subject matter of this agreement that
were made prior to the execution of this agreement have been reduced to writing and are contained herein
Page 9 of 16
SECTION 30. EXHIBITS
The exhibits identified below are hereby made a part of this agreement:
I . Exhibit A, Budget
2. Exhibit B, Match
3. Exhibit C, Applicable Laws and Regulations
SIGNED this ay of
City of De 5
By:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
p By:
y\lU`
This contract is effective when signed by the Texas Department of Housing and Community Affairs Executive Director
of Department or his authorized designee.
Page 10 of 16
Agency: City of Denton
Contract: 42080000272
EXHIBIT A
BUDGET
Consolidated Budget
Contract Term: 09/01/2008 - 08/31/2009
Details of Activities by Category & Method of Calculation CategoryTotals
STATE ADMINISTRATION S7,175.00
(CITY AND COUNTY ONL Y)
OPERATION ADMINISTRATION S 11,120.00
CHRISTIAN COMMUNITY ACTION
Director of Family Assistance (salary & fringe benefits)
DENCON CO. FRIENDS OFTHE FAIMILY
Director or Crisis & Residential Services (salary & fringe benefits)
HOPE, INC.
Intake Worker (salary & fringe benefits)
REIIABII.xrAT1ON S O.00
ESSENTIAL SERVICES S30,640.00
SALARIES S24,140.00
DENTON CO. FRIENDS OF THE FANIILY
Transitional Housing Case ,Manap;er/Advocate
THE SALVATION ARMY- DENTON CORPS
Case Aide
OTHER $6,500.00
HOPE, INC.
Child Care
MAINTENANCE, OPERATIONS, AND FURNISHINGS S48,860.00
MAINTENANCE S48,860.00
Page 11 of 16
DENTON CO. FRIENDS OF THE FAMILY
Utilities
Telephone
HOPE,INC.
HMIS: Utilities/Phone/Operations
I1MIS: Hosting/rech Support
HMIS: Mileage
THE SALVATION ARMY - DENTON CORPS
Utilities
Food
Other - Janitorial supplies
HOMELESSNESS PREVENTION
CHRISTIAN COMMUNITY ACTION
Rent Assistance
Utility Assistance
DENTON CO. FRIENDS OF THE FAMILY
Rent Assistance
HOPE. INC.
Rent Assistance
Security Deposits
THE SALVATION ARMY - LEWISVILLE MEADOWS SERVICE CENTER
Rent Assistance
TOTAL
S88,760.00
S 186,555.00
Page 12 of 16
Agency: City of Denton
Contract: 42080000272
EXHIBIT B
MATCH
Donations
HOPE, INC.
Emergency Food & Shelter Program
SALVATION ARMMY - DENTON
Individual donations
Lease/Rent
DENTON CO. FRIENDS OF THE FAMILY
Shelter Fair Market/Lease - 53,000 per month x 12 months = 536,000
IIOPF, INC.
Lease for Office Space - 51,400 month x 20% x 12 months = S3,360
Salaries
CHRISTIAN CO.WiMUNITY ACTION
30% of 3 Caseworkers - S108.077 .x 30% = S32,423
HOPF,INC.
84% of TAP Case Manager - S23,800 x 84% = 520,000
SALVATION ARMY - LEWISVILLE
41% OF Director - 531,050 x 41.38% = S12,848
MATCH TOTAL
Contract Term: 09/01/2008 - 08/31/2009
S81,924.00
S39.360.00
S65,271.00
S 186,555.00
Page 13 of 16
EXHIBIT C
APPLICABLE LAWS AND REGULATIONS
Grantee shall comply with the Act specified in Section 3 of this agreement; the OMB Circulars and regulations specified
in Section 6 of the grant agreement; and with all other federal, state, and local laws and regulations applicable to the
activities and performances rendered by Grantee under this agreement including but not limited to the laws, and the
regulations promulgated thereunder specified in this Exhibit C.
1. NONDISCRIMINATION AND EQUAL OPPORTUNITY
Title VI of the Civil Rights Act of 1964, (42 U.S.C. Sec. 2000d et seq.); 24 C.F.R. Part 1, "Nondiscrimination in
Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil
Rights Act of 1964";
Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" L421J.S.C. Sec. 3601 et seq.) and
implementing regulations;
Executive Order 11063, as amended by Executive Order 12249, and 24 C.F.R. Part 107, "Nondiscrimination and Equal
Opportunity in Housing under Executive Order 11063". The failure or refusal of the Contractor to comply with the
requirements of Executive Order 11063 of 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 C.F.R. Sec. 107.60.;
The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. Sec.
6101 et seq.) and implementing regulations at 24 C.F.R. Part 146;
The prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and implementing regulations at 24 C.F.R. Part 8. For purposes of the
Emergency Shelter Grants Program, the term "dwelling units" in 24 C.F.R. Part 8 shall include sleeping accommodations;
The affirmative action requirements of Executive Order 11246 and the regulations issued under the Order at 41 C.F.R.
Chapter 60; and
Executive Orders 11625, 12432, and 12138. Contractor shall make efforts to encourage the use of minority and women's
business enterprise in connection with activities funded under this contract.
11.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1701 u).
III. UNIFORM FEDERAL A. CSIBI 1TY STANDARDS
For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 C.F.R. Part 40, Appendix A. .
Page 14 of 16
IV. LEAD-BASED PAINT
The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 48214846) and
implementing regulations at 24 C.F.R. Part 35. In addition, Contractor must also meet the following requirements relating
to inspection and abatement of defective lead-based paint surfaces:
(1) Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation,
rehabilitation, or conversion activity under 24 C.F.R. Part 576; and
(2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint
abatement procedures.
V. USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS
The provisions of 24 C.F.R. Part 24 relating to the employment, engagement of services, awarding of contracts, or funding
of any Contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status.
VI. FLOOD INSURANCE
No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under 24 C.F.R.
Part 576, other than by grant amounts allocated to States under Sec. 576.43, may be located in an area that has been
identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless:
(1) The community in which the area is situated is participating in the National Flood Insurance Program and the
regulations thereunder (44 C.F.R. Parts 59 through 79) or (ii) Less than a year has passed since FEMA
notification regarding such hazards; and
(2) Contractor will ensure that flood insurance on the structure is obtained in compliance with section 102(a) of the
Flood Disaster Protection Act of 1973 (42 U.S.C. Sec. 4001 l sea.).
VIL COASTAL. BARRIERS
In accordance with the Coastal Barrier Resources Act, 16 U.S.C. 3501, no financial assistance under the Act may be made
available within the Coastal Barrier Resources System. Contractor shall comply, where applicable, with the Coastal Zone
Management Act of 1972 (16 U.S.C. Sec._1451 et seq.) as amended, particularly section 307(c) and (d) (16 U.S.C. Sec.
1456(c) and (d)
Page 15 of 16
VIII.
If Grantee is a unit of local government, it shall assume the environmental responsibilities specified in section 104(g)(1) of
the Housing and Community Development Act of 1974 and 24 C.F.R. Part 58.
Grantee shall assist Department and HUD in their compliance with Section 106 of the National Historic Preservation Act
of 1966, as amended (16 U.S.C. $.V_470 et seq.); Executive Order 11593; and the Archaeological and Historical
Preservation Act of 1966 (16 U.S.C Sec. 489a-1 et seq.) by: (a) consulting with the State Historic Preservation Officer on
the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register
of Historic Places that are subject to adverse effects by activities funded under this contract and notifying Department and
HUD of the existence of any such properties, and (b) complying with all requirements established by HUD to avoid or
mitigate adverse effects upon such properties.
Grantee shall ensure, pursuant to Executive Order 11783, that the facilities under its ownership, lease, or supervisions
which shall be utilized in the accomplishment of this grant agreement are not listed on the Environmental Protection
Agency (EPA) list of violating facilities and that it shall notify Department and HUD of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in carrying out this agreement
is under consideration for listing by the EPA.
Grantee shall comply with the provisions of the National Environment Policy Act of 1969 (P.L. 91-190) and Executive
Order 11514, as amended by Executive Order 11991, which promote efforts to prevent or eliminate damage to the
environment and biosphere and require an Environmental Impact Statement when plans and programs may affect the
quality of the environment. To the extent applicable, Grantee shall comply with all of the requirements of Section 114 of
the Clean Air Act, as amended (42 U.S.C. Sec_L8L57 et seq.), and Section 308 of the Federal Water Pollution Control Act
(33 U.S.C. Sec. 1251 et seq.), respectively, relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all
regulations and guidelines issued thereunder.
Grantee shall comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards, and Executive
Order 11288, relating to prevention, control, and abatement of water pollution. Grantee shall assist Department and HUD
in their compliance with Executive Order 11988, Flood Plain Management, which requires avoidance, to the extent
possible, of the long and short term impacts associated with the occupancy and modification of floodplains and avoidance
of the direct of indirect support of floodplain development whenever there is a practicable alternative.
Page 16 of 16
Texas Department of Housing and Community Affairs
HB 1196 (801h Legislature) Agreement
Program Year 2009
The Texas Department of Housing and Community Affairs, an agency of the State of
Texas (`'Department"), and ~ 9 j &1zJ an
ESGP ("Applicant'') are the parties t this agreement (``Parties").
Whereas Applicant desires to be awarded a contract with the Department to provide
Emergency Shelter Grants Program (ESGP) program services for the 2009 Program Year
(ESGP contract year September 1, 2008 thru August 31, 2009), and
Whereas HB 1196 (80`h Regular Session) requires the Parties to enter into agreement for
the repayment of any public subsidy under certain conditions.
Now therefore, the Parties agree as follows:
1. Applicant agrees that if Applicant, or a branch, division, or department of
Applicant is convicted of a violation under Title 8 U.S.C. Section 1324a(a),
Applicant shall repay the amount of public subsidy with interest, at the rate of 5%
per annum, not later than the 120`h day after the date the Department notifies
Applicant of the violation.
2. Applicant is entering into this agreement prior to receiving any 2009 Program
Year funding from the Department.
3. Applicant acknowledges that entering this agreement does not constitute an award
by the Governing Body of the Department ("Board") of any funding, nor a
guarantee that Applicant will be granted any funds by the Board with respect to
the 2008 Program Year.
4. The person signing this agreement on behalf of Applicant hereby certifies that
he/she has been duly authorized by Applicant to bind the Applicant to the terms
herein.
pplicant: Date: l4 /2 OVk
By. Title: P/ V
Signa ure of CEO
Texas Department of Housing and Community Affairs
By:
Date:
Amy M. Oehler, Director
Community Affairs Division
FY 2008 Emergency Shelter Grants Program (ESGP)
Services or Activities To Be Subcontracted
All FY'08 ESGP subrecipients are required to complete this form and submit it to the Texas Department
of Housing and Community Affairs to the attention of Ms. Rita D. Gonzales-Garza, Project Manager for
Planning and Contract Implementation, Community Services Section by September 19; 2008.
As per 24 Code of Federal Regulations (CFR) §57635, issued by the U.S.. Department of Housing and
Urban Development, ESGP subrecipients must obligate all grant funds within 180 days frorn the date
that the State made the grant amounts available to it. The 180 day obligation deadline for FY 2008 is
September 13, 2008. Any funds not obligated within the 180 days will be recaptured by the
Department.
Subrecipients awarded ESGP grant funds for homelessness prevention activities must obligate
homelessness prevention funds with 30 days of the date the State made the grant amounts available to
the subrecipient, in this case by September 30, 2008. Any homelessness prevention funds not
obligated within the 30 day deadline will be recaptured by the Department.
ESGP fiends which will be utilized for rehabilitation may not be obligated unless the release of fiends has
been approved in writing by HUD.
Please complete the information below regarding any subcontract agreements to be entered into with
collaborative partner organizations (co-applicants for '08 ESGP funding), organizations or individuals
providing a service such as child care or counseling, or entities which will be subcontracted with to carry-
out rehabilitation work or maintenance operations work.
NO,
(name of funded subrecipient) will not
utilize FY'08 ESGP funds to enter into any subcontract agreements.
Y YES, (name of funded subrecipient) will
utilize F 8 ESGP funds to enter into subcontract agreement(s). Complete the table below
to identify the services or activities to be subcontracted.
Activities and/or Services
Tentative Date to Enter into
Estimated Amount of
to be Subcontracted
Subcontract
Subcontract
TGie ~Q u ot, fr-&?Z~2&
/ISO!/ ?"Z'
ADD °
/101! ~ .zDD~
P e ~e
Fiyelyds o~ f~ini%
~D1/. •200
12, Dl~
PsS e !
!
See a W4*,Z
~yv
I, C7ED,eC7E r~. ~!~/Y1~°t3FLL (>✓~tgc ~=~--_-Gt@r. A~~ Q cement or
Individual with Signature Authority) certify that I have read the above and will comply with the
requirements.
Form Completed and Signed By: Date: LZdO~
Title:
FY 2008 Emergency Shelter Grants Program (ESGP)
Services or Activities to be Subcontracted (Continued)
Activities and/or Services to be
Subcontracted
Tentative Date to Enter into
Subcontract
Estimated Amount of
Subcontract
The Salvation Army Lewisville
Homeless Prevention
Nov. 4, 2008
$12,150.00
Christian Community Action
Homeless Prevention
Nov. 4, 2008
$39,800.00
Form Completed and Signed by:
Title:
Date: L~L 12 Co