2006-248
,
S:\Our Documents\Ordinances\06\Grant Agreement Ordinance.doc
ORDINANCE NO. d{J(}G- d t/ f3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT FOR ONE HUNDRED FORTY TWO
THOUSAND EIGHT HUNDRED AND EIGHTY NINE DOLLARS FROM THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNTY AFFAIRS EMERGENCY SHELTER
GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY; 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, has a developed and adopted 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
forty two thousand eight hundred and eighty nine dollars ($142,889.00) through the Emergency
Shelter Grant Program, as authorized by the Stewart B. McKinney Homeless Assistance Act of
1987 as amended (42 U.S.c. Sec. 11371 et seq.), and as administered through the United States
Department of Housing and Urban Development; and
WHEREAS, the Texas Legislature has; designated the Texas Department of Housing and
Community Affairs as the administering agency for the Emergency Shelter Grant Program
pursuant to Sec. 2306.094, Texas Government Code; and
WHEREAS, the City of Denton, Texas, intends to sub-contract with a local social service
agency to provide services through the emergency shelter grant program; and
WHEREAS, the Texas Department of Housing and Community Affairs requires the
appropriate certifications and the City Council deems it in the public interest to authorize the
City Manager to execute a grant agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Council of ,the City of Denton, Texas, authorizes the City
Manager to sign and submit to the Texas Dep~rtment of Housing and Community Affairs and all
appropriate officials thereof, a grant agreement, together with all necessary certifications, and
other documents as well as appropriate resources for entitlement of funds under the Stewart B.
McKinney Homeless Assistance Act of 1987, as amended and Emergency Shelter Grant
Program pursuant to Sec. 2306.094 of the Texas Government Code., and all other applicable
laws, as necessary to obtain a grant under the Emergency Shelter Grant Program to provide
services to horneIess residents of Denton. That the City Manager is authorized to take all other
actions necessary to execute an agreement and administer this grant including execution of
agreements with each of the designated subrecipient organizations.
S:'OurlJoculllcnts\OrdinanCC$D6\GranIAgrccmo1\Ordinall<c.do<
SECTION 2. 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. The City Secretary is hereby authorized to furnish true, complete, and
correct copies of this ordinance to all interested parties.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the I j, tJ day of (\,It (ilIm HA)
,2006.
~m~ru
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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TEXAS DEPARTMENT OF HOUSING A.ND COMMUNITl AFFI\IRS
CONTRACT NO, 426117 FOR THE
EMERGENCY SHELTER GRANTS PROGRAM
CFDA NO. 14.231
SECTION 1. THB PARTIES
This ~greement is mad~ by and between the Texas Department of Housing
and Community Affairs, an agency of the State of T~xas (herein the
"Department!! I and CI'l'Y OF DENTON
(herein the Il$ta.te Sucrec;i.pient II or "Subrecil;dent").
SECTION 2. GRANT PERIOD
The period for performance of cbis ag~eement, unless earlier
terminated, 1a September 1, 2006 through Au~ust 31, 2007 [herein the
"Grilnt Period").
SECTION). STATE SUBRECIPIENT PERFORMANCE
State subrecip1ent shall conduct, in a eatisfactory manner ae
d~t~rmin~d by Department. an Eme~gency Snelter. Grants Program pursuant
to the McKinney-Vento Hom~les8 A9Sigtance Act. as amended (42 U.S.C.
See _ 113 71 et. seq.) (herein t.hE: "Act"). Subrecipient shall perto1:"m
all ~ctivitiee in accordance with th~ t~rma of the Budget (herein
"J::xhioit A"l; the Match (herein "Exhibit:. Bit); thlt Applicable Laws and.
Regulations (her.ein "Exhibit ell); the aesuranCE:!!S, certifications, and
other sta,cements macle by S.ubrecipient i~ its Emergency Shelter Grants
program (herein llE:$GP") application, and with all othe.r tE:rms of thia
grant agr~ement. If the persons to benefit from tne activities
described in Exhibit A are not receiving a service or benefit, the
Sub recipient is liable to repay The Department any associateQ
disallowed costg.
SE:CTION 4. DBPAR'IMENT OBLIGATIONS
A. In consideracion of subrecipient's full and satisfaceo~y
performance of this agreement, Department ghall re1mburae the
a~tual allowable.coats ineurr~d by subr~cipient in an amount up to:
$142, 8S9. 00
B. Oepar~ment's obligations unde~ this agreemene are cOQ~ingent upon
the a,ctual receipt of adequate ESGP funds from the U. S. Department
of Xous;l.ng and Urban Development (he:c-ein uHT.Jt)tl). U 6uff;i,l;;i.ene
t"u:ncle 3T.e n,oe ava,ilable to make payments under this grant
agxeement, Department shall no~ify $ubrecipienc in w~itin9 within a
reaaonable tj,me' after such fact i50 oetermined. Deparcment shall
then ee1:"minate this agreement ana will not be liable for the
failure to make any payment to subreclpient und~r this a9re@m~nt.
D. Subre~ipient ahall refund to Department any sum of money which nas
been paid to Subreciplent by Department, which Department
determines ha~ resulted in an overpayment, or which Department
determines has na~ been spent strictly in accordance with ~he terms
of this agreement. Subrecipient shall make such refund within
fifteen (15) days after the Oepartment's request,
SECTION 5. METHOD OF PAYMENT / CASH BALANCES
A. Each mDnth Subrecipient may request an aovance payment by
submitting to Department a properly compleeed Monthly
Funding/Financial/Performance Report (MFFPR) that may include a
request for advance funds (Projected r.~penses) in an amount not to
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~xceed Suhrecipient's actual cash needs for the month fOr whi~h
such advance is sought,
B. Subrecip1ent's requ~ata for advance payments ahall be limited to
the minimum amounts n~eded for the effective performance of this
agreement, aud shall he timed as closely 3S possible with
Subrecipieot's actual immediate cash ~equ1remcnta. Subrecipient
shall e~tablish procedures to minimj~e the time ~lapeing between
the transfer of funds from Department and the disbursal of such
funds by subr~cipient.
C. Department may use a coat reimbursement methOd of payment if (1)
Department determines that Sub recipient has maintained cash
balances in excese of need; (.t) Depart.ment identifies any
dQficiency in the cash controls or financial management system u~ed
by Subrecipient; or (J) Subrec1plent (ails to comply with any of
the reporting ~equirementg of Section 9.
D. All funds paid to Subr~cipient under this contract are paid in
trust for the exclusive benefit of the eligible Suorecipients of
ESGP services and for the payment of. allowable expenditures.
SECTION 6. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
A. Exc~pt as gpacifically modified by law or regulation, in par forming
this agr~~~nt. Subr~cipient ahall comply with the administrative
requirements set forth in OMS Circular No. A-IIO (nonprofit
organizational or the regulations codified at 24 C.F.R. Part 85
(units of state ~r local government), whichever is app1ica~le to
Subrecipient.
B. Except as specifically modified by law or r~gulation, in performing
thj~ ~greement, Suhr~oipi~nt ahall oomply with the eost principles
set forth in OM8 Circular No. A-122 (nonprofit organizationa) or
OMS Circular No. A-a7 (units of state or local governm~nt),
whjchcv~r is applicable to Subracipient.
C. Notwithstanding any oth~r provision of this grant agreement,
Department shall only be liable to Subre~ipiant for costs incurred
or performances rendered for activitiee" specified in 24 C,F.R. Sec.
576.n (al.
C. De~rtment shall not be liable to Subrecipient for certain coe~s,
in~luding but not limited to costs which:
II) have been r~imbursed to Subrecipient or are subject to
r~imbursement to Subrecipient by any aource other than
Dcpar~ment;
(2) arQ not allowable coats, as set forth in the Act and Section
6(B) of this agreement;
(3) are not strictly in accord~nce with the terms of this
agreement, including the exhibits;
(4) have not been reported to Department within sixty (601 days
following termin~tion of this agrQament;
(5) are expended on rehabilitation activities prior to the
5UOm~6sion of a Reque3t for Release of Funds and prior to the
release of funes by the O.S. Department or Housing and Urban
Oevelopment (HUD).
(5) are for the acquisition of an emergency 9helcer (or the
homeIe8!;1;
(7) are for rent of commercial transient accommodations for the
homeless '(such as hotel or motel roorna:) unless the conditions
in Section 22(J) of this agreement have been met;
(e) are not incurred during the Grant PeriOd, exclusive of pre~
award travel and/or per diem expen3es to attend the ESGP
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Contra~t Impl~mencatlon Workshop.
O. Uga of Alcoholic Beverages. None of the fUno~ provided unQer this
contract shall be used for the payment of salarles to any employee
~ho usee alcoholic beverag~s while on active duty. No funds
provided under this contract fOr travel expenses shall be used for
the pu~chasc of alcoholic beverages.
SgCTION 7. MATCH REQUIREMENT
A. Subreciplent ahal], provide an amount of funds equal to the amounc
of funds provided by Department under this agreement (herein
"Subrecipient's ~atchtl). Subrecip1ent's Match mu~t be provided
during the Grant Period from sources other than ESGP funda. Funds
used to match a previous SSG~ award may not be used co match ~he
award made under this agreemenc. subrecipient's Match may inclvae
resources provided by any e~ocontractor to which Subreoipient
provides funds under this agreement.
B. Arnounts may be ~ounted towards Subrecipient'9 Match only if ~uch
amounts are costs or r~eourcea of a type 8p~cified in Exhibit 8,
Match and only if such amounts are computed in accordanc~ with this
Section. In calculating the amount of Subrecipient 1 s Mat.ch,
Subrecipienc may include, but is not limited to, ca~h donations;
the value of any donated material or building; the valus of any
lease on a building; any salary paid Subrecipient's staff (or that
of its sub~Subrecipien~s) in c~rrying out the activiti~9 requirea
under this agreement; and the time and services contributed by
volunteere to carry out such activities. determined at the rate of
Five Dol1ar~ ($5.00) per hour. Subrecipiene shall determine th~
vaJ.ue of any dona.ted mat:.erial or building or any lease, using any
method r~asonably c~lculated to ~stablien a fair market value.
SECTION 8. RETENTION AND ACCESSIBILITY OF RECOROS
~. Subrecipient shall maintain fiscal records and supporting
docum~ntation for all expenditures of tunas mad~ under this
agreement in a manner that conforms to OMS c1rcul~r No. A-S? or A-
122 and this agreement. Subreci~ient ahall comply with the
retention and cU9todi~1 requirements for recorda aa ~et forth in
OMB Cir.cular No. A.I10 or 24 C.F.R. Part as.
B. S~recipient shall give HOD, th~ Comptroller General of the Uuited
States, the Auditor of the State of "Texas, anct any Department
authori~ed representative, access to and the right to r~produce all
record~ belonging to or in u~e by subrecipient pertaining to this
grant agreement. Such access sh~ll continue as long as
Subrecipient retains the records. subrecipient shall maintain such
re~ords in an ac~eBBible location for four years.
C. Subrecipient ehall ensure that any subcontractorB receiving funds
provided under this grant shall comply with the record ret~ntion
and ~ustoctial requir~ments spec1fi~ct in this Section.
SECTION 9. P.EJ?ORTING REQUIRJ::MEN'rS
A. sub recipient shall submit to Department such reports on th~
performance of chis grant as may be required by Departm~nt
including bul:. not limited to the reports specified j.n thi:; Section.
a. Subrecipient shall elect~onical1y submit a ~onthly
Funding/Financial/Perfor.manc~ Report (MFFPRl to the Department on
or before the twentieth (20th) day of each month following the
r~~orted month in the Grant Period. beginning no later than Octob~r
20, '-006, regardless of wheth~r Subrecipient makes a fund request.
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C. Subrecipl~nt ahall submit a final MFFPR to the Dapartmene within'
sixty (60) days after the end of che Grant Period. The fail~re of
Subrec1pient to provide a full accounting of all funda exp~fided
unde~ chis agreement within sixty (601 daye ~hall be sufficient
reason for Dep~rtment to deny or terminate any future agreem~nt8
with SUhrecipient. If this cont~act provictes aaeistance for
renovation, rehabilitation, Or conversion, in addition to the
electronic final report, Subrec1plent ~hall ~ubmit under separate
~Over photographs of the finished Conetruceion work.
D. Subrecipient shall euomit to Department within twenty (20 days)
days afte~ the termination of this contract an IDI8 Annual
Performanc~ Re~ort prepared according to ESGP Polley Issuance
instructions.
E. Subreclpient shall submit to Department no later than sixty (60)
days af.ter the termination of this contract a cumulative inventory
reporc of all equipment h~ving a unit acquisition cost of $500 or
more, acquired in whole Or in part wl~h funds received under this
or previous ESGP con~racts. Upon the termination of this contract,
Department may transfer title to any such equipment having a unic
acquj.sition cost of $1000 or more to itself or to any ather entity
receiving ESGP funds from Department.
F. If Subrecipient fails ~o submit, in a timely and satisfactory
manner, any audit, report or response required by this agrsement,
including rasponses to monitoring reports, Department may withhOld
paym~nts otherwi~e due to Subrecipient hereunder. If Department
withholds such payments, it ahall notify Subr~cipient in writing of
ita decision and the reasons therefore. Department may wi~nbold
payments until such time as the oelinquene obligations for which
funds are withheld a%~ fulfilled by Subrecipient. If the
delinquent r.eport or r~aponSe ie not received within forey-five
(45) days of its due dat~, Department may 9USp~nd or termcinate this
agreement. If sub%~cipient receives ESGP funds from Oepartment
over two or more Grant Periods, funds may be withheld or this
agreement suspended or terminated for Subrecipient's failure to
~ubmit a r~port or response (including a repor.t of audit) past due
under a prior gra~t agreement.
SECTION 10. MONITORING AND TECHNICAL ~SSISTANCE
Department Or its de~ignee may conduct periodic on-gite monitoring and
eVQluation of the eft1c1ency, economy, and effectiveness of
Subrecipient'a performance of this agreement. Department will adv19~
Subrecipient in writing of any deficiencies noted during such
monitoring. Departm~ht will provide technical assistance to
subrecipient and will require or suggest ehanges in Subrecipient's
program implementation, accounting, personnel, procurement, or.
managernen~ procedures in order to correct any d~ficiencies noted.
Department may conduct follow-up visits to review and assess the
efforts subrecipienc has made to correct pr~viouBly no~ed defici~ncieB.
Deparcnent may place Subrecipient on a re1rnburB~ment methoa of payment,
terminate chis contract, or invoke other remedies in the eVent
monitozing or oth~r reliable sources reveal material deficiencies in
subr~cipient'a performance or jf Subrecipient fails to correct any
deficiency within a reasonable period of time.
SECTIO~ 11. INDEPENDENT CONTRACTOR
Deparcnenc is contracting with Subrecipient as an independent
contractor. To the extent allowed by law, Subrecipient agrees to hold
D~partment harml~ss and to indemnify Department from and against any
and all claJ.ms, demands, and causes of action of every kind ~nd
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character which may be assert~d by any third party occurring or in any
way incioent to, arising out of, or in connection with Subrecip1ent's
performance of this contract.
S~CTION 1~. PROCUREMENT
Subrecip1~nt shall develop and implmment procurement proceourea that
conform to the ~dministrative requirements referenced in Section 6 and
with any procurement guidelines issued by Department. If Subreeipient
is a unit of local government, it ahall aleo comply with all applicable
sta.t.e and loca.l laws relating to procurement. Subrec:i,pient shall not
procure supplies. equipment, materials, Or services except in
accordance with such procurement procodures.
SECTION 13. CONFLICT OF INTEREST / NEPOTISM
A. Subrecipienc shall comply with ehe conflict of int~reac provisions
at 24 C,F.R. Sec_ 576.S7(d).
B. Subrecipi~nt represents thac neith~r it nor any member of its
governing body pres~ntly has any interes~ or shall acquire any
interest, direct or indirect, which would oonflict with the
performance of this agreement and tnat no person having au~h
interest ehall be employed hy Subrecip1ent Or serve as a member of
ita governing body_
C. Subrecipient.shall ensure that no officer, employee, or member of
the governj.ng body of Svbrec!pient shall vote fOr or confirm the
employment of any person r~lated within the second degree by
affinity or third degree by c::onsangu;i.n1ty to any member of
Subrecipient's governing body or to any officer or employ~e who
would directly 8upe~ise suoh pereon. This prohibition shall not
prohibit th~ continued employment of a 'p~raon who has been
continuously ~mployed for a period of two years prior to the
election or appoin~ment of the officer. employee, or governing body
member related to such person in che prohibi~ed d~gree.
SECTIon 14. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the legal authority to
enter ~nto thia agreement and to perform the services Subrec1pi~nt
has obligaced itself to perform hereunder.
E. Th~ pereon signing ~h~~ contract on behalf of Subrecipienc hereby
warrants that he/ahe has been duly authorized by Subrecipienc's
gov~rning board to execute this agreement cn behalf of Subrec1pient
and to bind Subrecipient to the terms here~n set forth.
c. Departm~nt eball 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 perfo:t:mancea hereund~r. SubX"ecipient is liable to
Department for any"money it has received from Departm~nt for
performance of the provisions of this contract, if Department has
terminated this contract tor reasons enumerated in this Seceion 14.
SECTION 15, LITIGATION AND CLAIMS
Subreeipient shall give Department immediate notice in wricing of any
~ction or claim, includ1ng any proceeding before an admin~strative
agency, fi~ed against Subrecipient and ariaing out of the performance
of this agreement. Subrecipient shall promptly furnish Department with
copies of all p~rtinenc pap~re received by Subrec1pient with respect to
such action or claim.
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SECTION 16. SECT~IAN ACTIVITY
The performance of this agreemen~ shall not involve, and no portion of
the funds received by Subrecipient hereunder shall be used in SUPPort
inherently religioua activlti~s such as worship. reli~ioue instruction
or proeelytization, a~ part of the programs or services directly funded
under the HUn program or activity.
SECTION 17. C'HANGES AND AMENtlMENTS
A. Any change in the terms of this a~eem~nt, 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. E~cept as otherwise expressly provided in this agreement, any
change in the tarma of this agreement shall be reduced to writing
and agreed upon by both parties. Any chang~ to the amount of tnis
contract as shown in Section 4 A shall he by an amendment h~reto in
writing all,d, signed by both parties. Any change to the amount
specified per activity category shall be requested in writing by
the Su~recipient and authorized by a letter signed by the directo4
of the community AffaiT.9 Division. Pursuant to Department p'oli~,
no Subrecipient-initiated amendments will be approved or processed
during the first 90 days or the last 30 days of the Grant ~eriod.
SECTION IS. DEPARTMENT ISSUANCES
Performance of tni5 grant agreement must be r.endered in accordance with
~he Act, the re~lations promulgated under the Act, the assurances and
c~rtifications made to Oepartment by Subrecipie~t, and the assurances
and ce~tification5 made to HUD by the State of 1exas with regard to the
operation ot the Texas ESGP. In order to ensure th~ l~gal and
effective performanc:e of this contract, Department may issue polj.cy
directives, which serve to establish, interpret, or clarify the
requirements of this agreement. Such directives shall be promulgated by
Oepartment in the form of ESG~ Issuances and shall be binding upon
Subrecipi~nt as if wr~t~en herQin. ESGP Issuances shall not alter the
terms of this agreemen~ so as to release Department of any obligation
specified in Section 4 to reimburse costs incurred by subrecipient
prior co the effective date of said Issuance.
SECTION 19. TBRMINATION 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 agrce~nt. Depa~tment shall notify
Su>>recipient of such determination in writ~ng prior to the
thirtieth (30th) day preceding the date of termination to provide
th~ reasons for such termination, the effecC1ve d~te of such
termination, and in the case of partial termination, the portion of
the agreement to be terminat~d.
B. No~hing in this Section shall be COnstrued to limit Department's
right to withhold payment or immediately suspend Subrecipient's
pexformanc~ of this agreement if Department identifies possible
instances of fraud. abuse, waste, fiscal mismanagement, or other
serious ~eficiencies in SUbreciplent's performance. Suspension
shall be a temporary measure pending either corrective action by
Subrecipienc or ~ decision by Oepartment to terminate this
agrc~ment.
C. Upon receipt of notice of auspen~ion or termination. Subreeipient
snsll cancel, withdr.~w, or otherwiae terminate any outstanding
orders or aubcontracts r~lated to the performance of th~s a9re~ment
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and shall ceas~ to incur costs hereunder.
liable, to Su1:lreoipient for COElt~ incurr~d
a.greement.
~epartment ehall not be
aft~r termination of this
D. Notwithstanding any eheroiae by Department of its right of
suspension Or of ea~ly termination, Sub.ecipient shall not be
r~lieved at any liability to Department for damdgee due to
Department by virtu~ at any breach of this agr~ement. Department
may withhold p'aymenta to SUb~ecipient until 9uch time a6 th~ exact
amount of damages due to Department by SUbrec1pient ia agreed u~on
or ia otherwise determined and paid.
SECTION 20. AUDIT
A. For any fi9cal year included within the Grant Period during which
the Subrecipient expended $500.000 or more in total fed~ral
financial aesistance, subrecipiant shall arrange for th~
performance of an annual audit of the funas received and
performances render~d unoer this grant agree~nt. The audit shall
be made 1n accor.dance with the Single Audit Act Amendments of 1996,
]1 U.S.C. 75; and OMB Circular No. A-l]J, "Audita of State~, Local
Governments, and Non-Profit O~ganizations". The term "federal
financial asshtance" includes awards of federal financi.al
as~igtance r~ceived directly from federal agencies, or indirectly
through unit~ of state and local gov~rnment.
B. S~brecipient shall submit two (2) copies of the report of auch
audit to Department within thirty (30) days after the COmpletion of
the audit, but no later than nine (9) months after the ~d of the
audit period. Subrec1pient shall insure that the audit report is
made available fo~ public in~pection within thirty (30) days after
com~let1on of the audit. Audits per!ormed unde~ this Section are
subject to revi.ew and re~olution by Department or its authorized
re.pr-esentative.
C. For e~ch fiscal year ending within or immediately after the Grant
Period, Subrecipient must submit an "Audit C~rtification Fo:t'm"
(available from the Oepartment) within sixty (60) days after th~
Suorecipients fiscal year end.
D. Department r.eserves the right to conduct additional audits of the
fu~ds received and pe~formancee rendered und~r this grant
agreement. subrecipient agrees to permit Depar.tment Or its
authorized representative to audit Subrecipient's re~orcts and to
obtain any doeuments. mate~ials, or information necessary to
facilitats such audit.
E. Subrecipient shall ae liable to Department fOr any coate disallowed
pursuant to audit{a) of funds received undlllr this agreement.
Subrecipient shall reimburse such disa,llOW!2:d cases with funds that
are not provided under thi.s contract.
SECTION 21. TRAVEr..
AllOWable travel costs under this contract shall be determined in
accordance with OMB Circulars A.122 or A-57, as applicable, any
Department Issuance on travel, and with Subroci~i.ent's written travel
policy. Subrec1pient'g written tra"el policy Bhall delineate the rates
which Subrecipi~nt shall Use in computing the cravel and per diem
eX~e~se3 of its board members and employees. Prior to incurring any
costs for travel, Subrec1pient mUQt provide Department w~th a copy of
its travel policy and evid~nce that such policy ba~ been approved by
Subrecipient's governing body. If Subrecip1ent has no established
wx1tten travol pollcy, the travel regulations applicable to Department
employees shall apply.
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SECTION 22. SPECXAL CONDITIONS
A. Department shall not rel~aae any funde under this agreement until
Department has determined that Subre~ip1ent'a fiscal cOntrol and
fund accounting procedures ar~ adequate to assure th~ proper
disbursal of and accounting for such funds.
8. Department shall not release any funds under this ~greement until
Dep~rtment has received a properly completed Oepository/Authorized
Signatory Form (Deparcrnent Form) from Subrec~.p1ent.
C. Subrecip1ent ahall obligate (as such term is defined in 24 C.P.'R.
Sec. 576_3) all funds prov1d~d under this agreemenc on or before
se~tember 17, 2006, 180 days from the date of the FFY 2006 award
letter from u.s. KUD.. Department will recapture any funds not so
obligat.ed.
D. Subrecipien~ sh~11 ensure chat any building rehabilitate~ with
funds provided under this agreem~nt is maincained as a shelter for
the homele~s for not less than a three-year period, or for not lese
than a t~n-year period jf 9uch fun~s are u~~d for major
rehabilitation or conv~rsion of the building. The applieabl~
p~riod anall be calculated in accordance with 24 C.F.R. Sec,
576.53(b) .
E. If Sub recipient uses funds received under this agreement to provide
ess~ntial services, homeless prevention, or maintenance and
operating costs, the activities must be carri~d out until all of
the funds made available under this agreement for such activities
are expended or for the Grant Period. whichever is shorter.
Subrec1pient may use one or more 3ites or etructure6 to carry out
the accivities but it mus~ serve t.he same general populat.ion. The
"same gltneral population" means the types of homeless persons
originally served wich che funds or persons in che 9am~
geographical area.
r, Subrecipienc shall make knoWn th~~ use of the facilities and
services funded under this agreement are available to all on a
nondiscrimina~ory basis. Subrecipienc also must adopt and
implement procedures designed to maK~ available to intere9~ed
persons info~acion concerning the existence and location of
services and facilities that are acceaaible to persons with a
die:a'bilicy.
G. Subrecipiant ahall administer, in good faith. a policy designed to
~naure that ics hom~leaa facility is free from the illegal Use,
possession, or distribution of drugs or alcohol.
H. Subrecipient shall not expend ESOP funds for any activi~ies that
would result in che displacement of persons or businesses.
I. Subrecipient shall. to th~ maximum e~cent practi~able, involve,
through employmen~, volunteer services, or otherwiee, homeless
individuals and families in constructing, renovation, maintaining,
and operating facilities a66isted under this agreement, in
providing servic!:!s a.ssisted under this agreement, and in providing
eervices for occupant~ of facilities assisced under thi~ agreement.
J, If Subrecipient intends to provide emergency shelter for homeles9
persona in hote13 or motels, or other Commer~~al facilities
providing transient housing. Sucrecipient muet provide the
Department with a certifica.tion that: (I) lea~es negotiated Qetween
SUbrecipient and providers of such housing provide or will provide
thac the living space will be rented ~t aubstantially less that the
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daily room rat~ otherwise charged by the fa~itity; and (2) the
Subrecipient haa cons1derect oth~r facilities as emergency shelter,
and has determined that use of the fa~ilities provides the most
cost-effective means at providing emergency shelter in ita s~rvice
area.
K. Subrec1pient ,shall develop an4 implement procedures to ensure the
confidentiality of records pertaining ~o any individual provided
family violence prevention or treatment services under any project
~gsiated under this agreem~t, and that the address or location of
any family violence shelter project aes1ated will, except with
written authorization of the person or persons rcspon6ibl~ for the
operation of such shelter, not h~ made public.
L. Subrecipienc shall ensur~ that any building fOr which ESGP amounts
are used for renovation, conversion, or major rehabilitation must
meet loc~l government safety and sanitation Btandard~.
M. None of the funds provided under this agreement may be used in
connection witn any dwelling unit unless the unit is protected by a
hard-wired or battery-oper8t~d smoke dete~tor installed in
accordance with National Fire Protection A~soc1a~ion Standard 74.
N. Subrec1pi~t shall only sUQcontra~t for budget line items under
tbis contract which are not spe~ifieQ in Exhibit A aftar
SUbreeipient has submitted information concerning each such
propos~d subcontract to Oepartrnent and hag obtained Department's
prior written approval of Subrecipientj~ intent to enter into such
proposed contract. Subrecipiant, in ~ub~ontra~tin9 fOr any
pe~formances described in this contract, ~pressly underetand~ that
in entering into such subcontracts. Department is in no way liable
to Subrecipient's subcontractor{s). In no event shaJ.l any
provision of this p~ragraph, sp~cifically th~ requirem~nt that
Subrecipient obtain Department's prior written approval of a
~ubcontra~t. be construed as relieving Subrecipient of the
responsibility fOr ensuring that the performances renderea under
all subcopcracts are rend~red 80 as to c~ly with all of th~ terms
of this contract, as if such performances were rendered by
Subrecipient, D~partment's approval under thie par~graph doe~ not
constitute adoption, ratification, or accept~ce of Subrecipi~nt's
or 3ubcontractor'a performance hereund~r and Department maintains
che right co insist upon subrecipient's fUll compliance with the
t~~8 of this contract., Subrec1pient ah911 include language in any
auoconcractar that provides the Department the ability to directly
review. monitor. or audit th~ operational and financial performance
or re~ords of work perf.ormed under this Contract.
SECTtON 23. POLITICAL ACTIVITY AND LOBBYING
A. None of the funes provideo und~r this contract shall be used for
influencing the outcome of any elecCion, or the passage or defeat
of ~ny legialative measure. This prohibition ~hall not be
constru~d to prev~nt any official or employee of Subrecipient from
furnishing to any member of its governing body upon request, or to
any othe~ local or staee Official or employee or to any citizen
1nform~tion in the hands of ehe'employee or official not consid~red
under law to be confidential information. Any acc10n taken against
an employee Or official for supplying such information shall
subject the peraon initiating th~ action to immediste dismie~~l
from employment.
B. No funds pr.ovided under this contract may be used oirectly or
indirectly to hire employees or in any other way !~nd or support
candidates for the leg1s1ntive, executive, or jUdicial branche9 of
government. th~ State of Texae. or the gov~rnrnent of the United
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States.
C. NOne of th~ funds provided under this contract shall be expend~d in
payment of the s~lary for full-time ~mplcyment of any employe~ who
is also thf! paid lobbyiat of any individual., firm, assad,acion, or
cor.poration. None of the funds provided by this ~ontract shall be
exp~nded in payment of the parcial salary of a partMtime employee
who is required to register as a lobbyi~t by virtUe at the
employee's activities for compensation by or on behalf of. industry,
a profession or association related to operation of SUbr.eciplene.
A part-time ~mployee may serve ae a lobbyist on beh~lf of industry,
a profession, or association so long as such entity 19 not related
to Subrecipient. Exc~pt as authorized by law, no contraot fund~
~hall be expended in payment of m~mherehip dues co an organization
on behalf of subrecipient or an ~mployee of Subrcoipient if the
organ~zation pays all or part of the salary of a person required eo
register under Chapter 305, Government Code,
D. None of the funas provided under thi, contract shall he pa~d to any
official or employee who viola tee any of th~ provisions of this
section
E. If any funds other than federally app~opriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an offici:!r or employee of any agenoy, a Member of
Congress, an officer or employee of congress, or an employee of a
Member of congri:!ge in connection with chis federal contract, grant,
loan, or cooperative agreement, Subreclpient ahall complete and
submit Standard Porm-LL~, "Disclosure Form to Report Lobbying,R in
acoordance with it~ inscruccion~.
SECTION 24. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, 'and utilize internal
systems ~nd procedures sufficient to pr~v~nt, detect, and correct
incidents of wa9te, fT,~ud, and abug~ in the per!o~ance of this
agreement and to provide for the prop~r and effective management of
all program and fiscal activities funded by this agreement.
SubX"ecipient' 9 internal controJ. systems and a.ll transactions and
other significant event~ are to be clearly documented and the
documentation shall he readily available 'for monitoring by
Oepartml!!nt..
B. Subrecipient shall give Department compl~t~ access to all of its
recoros, employees, and agents for the pUrpOse of monitoring or
investigating the performance of this agre~ment. Subrec1pient
shall fully cooperate w~th Oepartment'B efforts to detect,
~nve9t1g~te, and prevent waste, fraud, and abuse.
c. Subrecip1ent mAY not discriminate against any employee or oth~r
person who r~ports a violation of th~ terms of this agreement or of.
any law or r@gulation to Department or to any appropriate law
enforc~ment autho~ity, if the report is made in good faith_
SECTION 2S _ M1l.INTENANCE OF EFFORT
Funds provided to Sub4ec1pient under this agreement m~y not be
substituted for funds or resources from any oth~r source nor In any way
serve to reduce ~he funds or resources wh~cb would have been available
to or provided chrough subrecip1ent had thi9 agreement never been
executed.
SECTION 26, DEBARMENT
By eigning t.his contract Subrecipient certifies that it will not award
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any funds providea under this contract to any party ~h1oh ia debarred.
suspended, or otherwiae excluded from Or ineligi~le for participation
in federal a~sigtance programs under E~ecutive Order 12549 and 24 CFR
Part 24. Subreclpient shall receive the certification prov1d~ by the
Deparcment from each proposed subcontractor under this contract and is
princi.pals .
SECTION 27. NO WAIVER,
No right Or rem~dy given to Department by this contract shall preclude
the existenoe of any other right or r~medYr 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 Depar~ment to exercise any right or
remedy on any occasion shall not constitute a waiver of. Department's
right to ~xerci~e that or any other right or remQdy at a later t~me.
SECTION 28. SEVERABILITY
If any portion of thig agreement is held to be invalid by a Court of
competent jurisdiction, the remainder of it shall remain valid and
:tliT,l.ding.
SECTIQI'J ;2 9. PRIOR ORAL AND WRIT'I'EN AGREEMENTS
All oral and written agreements b~tween the p~rties to this contract
relating to the ~ubject maeter of this agreement that were made prior
to the execution of this ag~eement have been r~duced to writing and are
conta1n~d herein.
SECTION 30. EXHIBITS
The exhibits identifi~d below are h~reby made a part of this agreement:
1. Exhibit~, Budget
2. Exhibit a, Match
3. Bxhibit C, Applicable Laws and aegulationB
EFFECTIVE DArE: 09-01~200G
CITY OF DElITON
By; . .NO't.5IGNED..........
On'__/../....
Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY APFAIRS
By: . ,NOT. SIGNED. .....
On'_.!../....
Executive Director
This contract is effective when signed by tne Texas Department of
Housing and Community Af.faira Executive Director of Depa~tment or his
authorized de9ignee.
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EXHIBIT A
Contraccor: CITY OF DENTON
Contract: 426117
Contract period: 09/01/2006 - 08/31/2007
Orig? N ~md? N
A~tivity
Category Description of Activities
Total
Funds
----~~._-~-----------------------------~----------------------------------------
----------------------.------------------------------.-------------------------.
State Admiuiscration
(City and County only)
5490.00
~
OPERATION ADMINISTRATION
HOPE, INC.
Intak~ Worker
CHRISTIAN COMMUNITY ACTION
Dire~tor of Family A8siscance
13000.00
-------------------------------------------------------------------....---------
a
REHABILITATION
.00
-----------.-------------------.-----------------------------------.------------
C
ESSENTIAL SERVICES
Salariea 35~18.00
SALVATION ARMY DENTON CORPS
Shelter Case Manager
(salary and fring~ benefitg)
41218.00
Oth~r 6000.00
HOPE, INC,
Childcare
o
~INTENANCE, OPERAIIONS, AND PURNISHINGS
Maintenance (contractual agreements only)
25650,00
.00
M_._~_._____________________________________________________~~A_~~__~~________._
Operation (excluding staff bue including) 25650.00
DENTOn co, FRIENDS OF THE FAMILY SAFE SHELTBR
Repairs (non-deferred)
Telephone
Utilities
SALVATION ARMY DBNTON EMERGENCY SHEL~R
Food
CITY OF DH.NTO~
~re-award Travel Expenses
Other (specify)
HMIS
-------------~--------------------------------------------~--._---_._-----------
B
Furnishings (list item(s))
.00
HOMBLESSNESS PREVENTION
SALVATION ARMY DENTON CORPS
R~ntal assistance
Utilitiee aesiscance
HOPE, INC.
Rental ageiecence
Utilities aSB9itance
security deposita
CHRISTIAN COMMUNITY ACTION
Rent~l aS9istance
Utilitiea assistance
SALVATION ARMY . LEWISVILLE
Rental assistance
57525.00
TOTAL
----~~--~--_._-_.~-_._----------------------------------~----_.__._-------------
142889,0
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-
EXHIBIT B
Contractor: CITY OF DENTON
COntract: 426117
Contract Period: 09/01/2006 - 08/31/2007
orig? N Amd? N
Sourc~
Dollar
Value
.-~.,._-.._.__._-------------------_._----------------~--------------------------
DONATIONS
Materials
HOPJ::, IN'C.
Clothing. toiletries, household supplies, gifts and supplies
for children from local groups and businesses.
650.00
--------.-._--------------------------._----------------------------------------
Building
.00
....---------------.----.---......------------...----.-----..---------------..--
funds
HOPE, INC.
Emergency food and Shelter program rene/utility subsidy
SALVATION ARMY DENTON CORPS
Dons,tion received from local individual donors
Has.oo
----------------------------------------------------------------~------------~--
LEASE: or RENt'
HOPE, INC.
Gcn~ral Op~rating and United way Funds
DRNTON CO. FRIENDS OF THE FAMILY
shelter-$3,OOO month x a months c $'-4,000
26695.00
SALARIES
HOPB, INC.- G~neral op~ratin9 and United way Funds
SALVATION ARMY-LEWISVILLE -Sooial S~rvice9 Cent~r Admin Dir.
CHRISTIAN COMMUNITY ACTION - 3 caseworker3
47754.00
VOLUN1E~RS (@ $5.00/hour)
DENTON co. FRIENDS OF THE FAMILY
546 hours x $5.00 : $2,730.00
2730.00
-------------------------------~----------~-----._------------------------------
. OTHER
SALVATION ARMY DBNTON CORPS
Oonations received from appeals made through Dallas Area
Command
25875.00
------------------------------------------~~------------------------------------
01HER
.00
---------------------.------------------------.---------------------------------
,TOTAL
142SB9.0
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EXHIBIT C
.....L!CJ>Jlt.Z '."'''S 1WD aEGULJ\TIONS
Grantee shall comply with the Act B~ecified in Section 3 of this
agreement; the OMS Circulars and regulations specified in Section 6 of
the grant agreement; and with all other fe~eral. ~tate, and local laws
and r~gulation9 applicahl~ eo th~ activities and performances rendered
by Grant~a undar thia agreement including but not limited to the laws,
and Coe regulations promulgated thereunder specified in this Exhibit c.
I. NONDISCRIMINI\TION AND EQUAL OPPoaT\JNITY
Tith. VI of the civil Rights Act of 1964. (42 U.S.C. Sec. 20aOd at
aeq.l; 24 C.F,R. Part 1, RNondiscr1rn1nation in Federally Assisted
Programs of the D~partm~nt of Housing and Ur~an Development
Effectuation of Title VI of the Civil Rights Act of 1964";
Title VIII of t.he Civil Rights Act of 1968, "Th~ Fair Housing Act of
1968" (42 U.S.C. Sec. 3601 et; seq.) and implementing regulations:
Executive Order 11063, ag amended by E~ecutive Order 12249. and 24
C.P.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing
unQer Executive Order 11063". The fatlure or refusal of the Contractor
to comply with the requirem~nts of Executive Orde~ 11063 af 24 C.P.R.
P.art 107 ehall be a proper basis for the 1mposit~on of sanctions
specified in 24 C.P.R, Sec. 107.60.;
The prohibitions against discrimination on the basis of ag~ under the
Age Discrimination Act of 1975 (42 V.S.C. Sec. 6101 et seq,) and
impJ.eme.nting regulations at 24 C.F,R. Part 146;
The prohibitions again6t discrimination against otherwise qualified
individuals with dieabiliti~s under Section 504 of the Rehabilitation
Ace of 1973 {29 U,S.C. Sec. 794) ~nd implementing regulations at 24
C.P.R. Part a. For purposes of the Emergency Shelter Grants Program,
the teJ':lll tldwelling units II in 24 C.F.R. ParI: 8 shall include sleeping
accommodations;
The affirmative action requirements of Executive Order 11246 and the
regulations issued und~r the Ord~r at 41 C.F,R. Chapeer 60; and
Exel;utive Orders. 11625, 12432, 12138, and 13279. Contractor shall
make efforts to encourage the use of minority and womenls business
enterprise in connection with activities funded under tRis contract.
II. EMPLOYMENT OPPOR'I11NrTIES
Se~tion 3 of the Housing and urban Development Act of 1968 (12 U.S.C.
Sec. :1.7011.1).
III. UNIFORM FEDERAL ACCESSIBILITY STANOAaDS
For major rehabilitation or conver~ion, the Uniform Federal
ACCe~g1b11ity Standards at 24 C.F.R, ~art 40, Appendix A.
IV. LFAD-BASED PAl!'!
The requirements, as applicable, of the Lead-Based Paint Poisoning
Preven~lon Act (42 V.S.C. Sec. 4821-4846) and implementing regulations
at 24 C.F.R. Part 35. In addition. Contractor muat also me~t th~
following requirements relating to inap~ction ~nd abatement of
oefectLve l~ad-b~sed paint surfac~~:
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:
(1) Treatment of defect~ve paine surfaces mU9t be pcrform~d b~fora
final inspeccion and QPproval of the renovation. rehabilitation.
or conversion activity un~e~ 24 C.F.R. Part 576; and
(2) Appropriate action must be taken to protect shelter occupants
from th~ hazards associated with lead-baaed paine ~batement
t'ro c:~dure e .
V, USE OF O:e:eARRED. SUSE>ENDED, OR INELIGIELE CONTRACTORS
The prov1aiQna of 24 C.F.R. Part 24 relating to the employment,
engagernent of a~rvices I awardins of contracts, or funding of 8,ny
Contractors or suboontractors during any period of debarment,
suspension, or placement in ineligibility etatus_
VI. FLOOD INSURANCE
No gi~e proposed on which renovation, major rehabilitation. or
co~version of a building is to be assisted under 24 C.F.R. Part 576,
other than by grant amounts allocated to St~t~a und~r Sec. 576.43, may
be located in an area that has b~~n identifi~d by the Federal Emergency
Management Agency (FEMA) as havin9 special flood hazards unless:
(1) The community in which th~ area is situated is participating in
the NationAl Flood Insurance Program and the regulations
thereunder (44 C.P.R. Parts S9 through 79) or {iiJ Less than a
year has pa~sed since F~MA nocification regarding such hazards:
and.
(2) Contractor will ensure that flood insurance on the str~cture is
obtained in compliance with section 102(al of the Flood Disaster
Protection Act of 1973 (42 U.S.C. Sec. 4001 et. seq.l.
VII. COASTAL BARRIERS
In accordance with the Coastal Barrier Resource5 Act, 16 U.S.C. 3501,
no financial aeBi5tance under the Act may he made available within the
CoastaL earrie~ Resources System. Contractor shall comply, where
applicable. with the coastal Zone Managcm~nt Act of 1972 (16 U.S.C.
Sec. 1451 ~t eeq.l ae ~m~ndedf particularly section 307(cl and (d) (~6
U.S.c. Sec. 1456(0) and (d) l.
VI I I . ENVIRONMENTAL STANDARDS
r.t Grantee is a unit of lo~al 9overnment, it shall assume the
environment.al responsibilitiee ap~cifi~d in section 104 {g} (1) of the
Housing and community Development Act ot 1914 and 24 C.P.R. ~art 58.
Grantee shall ageist Department and HUD in their compliance with
Section 106 of the National Historic Preservation Act of 1966, as
amende~ (16 U.S.C. Sec. 470 ~t seq,); Executive Order 11593; ana the
Archaeological and Historic~l preaervation Act of 1966 {lg U.S.C Sec.
~e9a-1 et seq.J by: (0.) consulting with the State Hiell:.or1c (Jreservat1on
Officer on th~ conduct of investi9ation~, as necessary, ~o 1d~ntify
properties ligted in or eligible for inclusio~ in the National R~9ister
of Historic ~laceg that ar~ aubj~ct to adverse effects by act~vit1es
funded under thi~ contract and notifying Department and HUD of the
existence of any such properties. and (b) eomplying with all
requirements eetBb11~b~d by HUD to ~void or mitigate adverse effec~9
upDn such properties.
Grantee shall ensure, pursuant to Executive order 117B3, that the
facilit.ies undf:!:r ita ownership, J.ease. or supervisions which shall be
ut~11zed in th~ accomplishment of this grant agreement are not listed
on tbe Environmental Protection ~gency (~PA) 119t or Violating
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fac111ti~e and that it ahall not1fy Oeparcment and HOD of the receipt
of any comm~ication from tne Dixeccor of the BPA office of Federal
Activities indicating thac a f~cility to be usod in carrying aut this
agreement is under consideration for listing by the EPA.
Grantee sball comply with the provisions of the National Env1ronm~nt
Policy Act of 1969 (P.L. 91-190) ~nd Executive order 11S14f a~ amended
by Execu~ive Order 11991, which promote efforts to prevent or eliminate
damage to ehe environment and biosphere and require an Environmental
Impact Statement when plans and programs may affeet the quality of the
environment. To the extent applicable. Grantee ahall comply with all
of the requirements of Section 114 of the Clean Air Ace. as amended (42
U.S.C. Sec. 1857 et s~q.). and Section 306 of the Federal Water
Pollution control Act (33 U.S.C. Sec. 1251 et seq.), resp~ctively,
relat1ng to insp~ction, monitoring, entry. reports. and information, as
well as other requirements apecifiea in Sece10n 114 and Section 30B of
the Air Act and the Water Act, reepect~velYr and all regulations and
guidelin~s issued thereunder.
Grantee ahall comply with the provisions of Executive Order 11296.
relating to evaluation of flood hazards, and Executive Order 112B8.
relating to prevention, control, and abatement of water pollution.
Grantee shall assist Department and HOD in their compliance with
Executive Order 11988, Flood Plain Mana~ement, wh1ch requires
avoidance, ~o the extent possible, of ~he long and short term impacts
aeeo~iateo with the occupancy and mo~~ficat1on of floodplaine ano
avoidance of the direct of indirect support of floodplain development
whenever there is a practicable ~lternat1ve
~y~~~~
HOWARD MARTIN V
INTERIM CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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