2005-303
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ORDINANCE NO, Z005 - ja'1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT
OF HOUSING AND COMMUNTY AFFAIRS FOR EMERGENCY SHELTER GRANT
PROGRAM AND TO 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 horneless households; and
WHEREAS, the City of Denton, Texas, wishes to accept a grant award of one hundred
fifty six thousand eight hundred and thirty two dollars ($156,832.00) 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 ~.), 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 Govemment 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 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and are true and correct.
SECTION 2. 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 in substantially the same form as attached hereto,
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. The
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City Manager is authorized to take all other actions necessary to execute an agreement and
administer this grant.
SECTION 3. 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 4. The City Secretary is hereby authorized to furnish true, complete, and
correct copies of this ordinance to all interested parties.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the dlJtt day 0~1tb:J1JJfAJ
,2005.
~~eL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~11 !2d)'UUdtttn'j OAd;.
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD , CITY ATTORNEY
BY:
./
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 425117 FOR THE
EMERGENCY SHELTER GRANTS PROGRAM
CFDANO,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 1,
2005 through August 31, 2006 (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 terms 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 Subrecipient in its Emergency Shelter Grants Program (hercin "ESGP")
application, and with all other terms of this grant agreement.
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: $156,832,00
B. Department's obligations under this agreement are contingent upon the actual receipt
of adequate ESGP funds from the U.S, Department of Housing and Urban
Development (herein "HOD"). 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 any payment to Subrecipient
under this agreement.
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C. Department shall not be liable to Subrecipient for any 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(8) 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; or
(5) are not incurred during the Grant Period, exclusive of pre-award travel and/or per
diem expenses to attend the ESGP Implementation Workshop.
D. 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. S ubrecipient shall make such refund
within fifteen (15) days after the Department's request.
SECTION 5, METHOD OF PAYMENT /'CASH BALANCES
A. Each month Subrecipient may request an advance payment by submitting to
Department a properly completed Monthly FundinglFinancial/Performance Report
(MFFPR) that may include a request for advance funds (Projected Expenses) in an
amount not to exceed Subrecipient's actual cash needs for the month for which such
advance is sought.
B. Subrecipient's requests for advance payments shall be limited to the mInImum
amounts needed for the effective performance of this agreement, and shall be timed as
closely as possible with Sub recipient's actual inuuediate cash reqnirements,
Subrecipient shall establish procedures to minimize the time elapsing between the
transfer of funds from Department and the disbursal of such funds by Subrecipient.
C. Department may use a cost reimbursement method of payment if (1) in excess of
need; (2) Department identifies any deficiency in the cash controls or financial
management system used by Subrecipient; or (3) Subrecipient fails to comply with
any of the reporting requirements of Section 9.
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,
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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) 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 activities
specified in 24 C.F,R. Sec.576,21 (a). Department shall not be liable to Subrecipient
for the costs of any other activities, including but not limited to:
(1) acquisition of an emergency shelter for the homeless;
(2) renting commercial transient accommodations for the homeless (such as hotel or
motel rooms) unless the conditions in Section 22(1) of this agreement have been
met;
(3) renovating, rehabilitating, or converting buildings owned by primarily religious
organizations or entities except as specifically authorized by 24 C.F.R. Sec,
576,23(b).
0, 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.
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 sub-Subrecipient 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
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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)
pcr 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,
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 Monthly Funding/Financial/Performance
Rcport (MFFPR) 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 20,2005, regardless of whether Subrecipient makes a fund request.
C, Subrecipient shall submit a final MFFPR 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
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conversion, in addition to the electronIc final report, Subrecipient shall submit under
separate cover photographs of the finished construction work.
D, Subrecipient shall submit to Department within twenty (20 days) days after the
termination of this contract an IDIS Annual Performance Report prepared according
to ESGP Policy Issuance instructions.
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,
F. IfSubrecipient 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.
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 Sub recipient's performance of this agreement.
Department will advise Subrecipient in 'Yriting of any deficiencies noted during such
monitoring. Department will provide technical assistance to Subrccipient 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 followcup visits to review and assess the efforts
Subrecipient has made to correct previously noted deficiencies, Department may place
Subrecipient on a reimbursement method pfpayment, terminate this contract, or invoke
other remedies in the event monitoring or other reliable sources reveal rnaterial
deficiencies in Subrecipient's performance or if Subrecipient fails to correct any
deficiency within a reasonable period of time,
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SECTION 11, 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 nnit of local government, it shall also comply
with all applicable state and local laws relating to procurcment. 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 governing 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 governing 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.
SECTION 14, LEGAL AUTHORITY
A. Subrecipient represents that it possesses the legal authority to enter into this agreement
and to perform the services Subrecipient as obligated itself to perform hereunder.
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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 ifthere 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 admiriistrative agency, filed against Subrecipient and
arising out of the performance of this agreement, Subrecipient shall promptly furnish
Department with copies of all pcrtinent 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, any sectarian or religious 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 contractor 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 or the last 30 days of the Grant Period.
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SECTION 18. DEPARTMENT ISSUANCES
Performance of this grant agreement must be rendered in accordance with the Act, the
regulations promulgated under the Act, the assuranccs and certifications made to
Department by Subrecipient, and the assurances and certifications made to HUD by the
State of Texas with regard to the operation of the Texas ESGP. In order to ensure the
legal and effective performance of this contract, Department may issue policy directives,
which serve to establish, interpret, or clarify the requirements of this agreement. Such
directives shall be promulgated by Department in the form of ESGP Issuances and shall
be binding upon Subrecipient as if written herein. ESGP Issuances shall not alter the
terms of this agreement so as to release Department of any obligation specified in Section
4 to reimburse costs incurred by Subrecipient prior to the effective date of said Issuance.
SECTION 19. TERMINATION AND SUSPENSION
A. Department may tenninate 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 ternlinated.
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 cither 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,
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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. ch. 75; and
OMB Circular No. A-l33, "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 Form" (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 arid 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.
SECTION21. 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
Contractor's written travel policy. Contractor's written travel policy shall delineate the
rates which Contractor shall use in computing the travel and per diem expenses of its
board members and employees, Prior to incurring any costs for travel, contractor must
provide Department with a copy of its travel policy and evidence that such policy has
been approved by Contractor's governing body, If Contractor 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 undcr 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
rcceived a properly completed Depository/Authorized Signatory Form (Department
Form) from Subrecipient.
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C. Subrecipient shall have obligated (as such term is defined in 24 C.F.R. Sec. 576.3) all
funds provided under this agreement on or before January 1, 2006, Department may
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 servcd' with the funds or persons in the same
geo graphical 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, rnaintaining, and operating facilities assisted under this agreement, in
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providing services assisted under this agreement, and m 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 en~ure 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 ~ational Fire Protection Association Standard
74.
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 Sub recipient's or
subcontractor's performance hereunde, and Dcpartment maintains the right to insist
upon Subrecipient's full compliance with the terms ofthis contract.
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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 f any legislative measure. This
prohibition shall not be construed to prevent any official or employee of Contractor
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 goveimnent of Contractor, 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 Contractor. 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
Contractor, Except as authorized by law, no contract funds shall be expended in
payment of membership dues to an organization on behalf of Contractor or an
employee of Contractor 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 any 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 or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, Subrecipient shall complete and submit Standard Form-LLL,
"Disclosure Form 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, 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 27, 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.
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SECTION 28. 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,
SECTION 29. EXHIBITS
The exhibits identified below are hereby made a part of this agreement:
1, Exhibit A, Budget
2. Exhibit B, Match
3. Exhibit C, Applicable Laws and Regulations
SIGNED this 2.Ofk day of S~rrbA1,6er: 2005.
CITY OF DENTON
TEXAS DEPARTMENT OF HOUSING
AND COMMUNITY AFFAIRS
By:
Michael A. Co d
City Manager
By:
Edwina P. Carrington
Executive Director
This agreernent is not effective unless signed by the Executive Director of Department or
her authorized designee
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EXHIBIT A
Contractor: CITY OF DENTON
Contract: 425117
Contract Period: 09/01/2005 - 08/31/2006
Activity
Category
Description of Activities
Total
Funds
State Administration
(City and Couhty Only)
6,032.00
Operation Administration.
Christian Conununity Action (CCA)
Director of Family Services
10,000.00
, 8,000
HOPE, Inc.
TAP Case Manager
2,000
A REHABILITATION
0.00
B ESSENTIAL SERVICES
38,000.00
Salaries
Salvation Anny - Denton Corp
Transitional Shelter Coordinator
30.000
Other
HOPE, Inc,
Childcare
8.000
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C MAINTENANCE. OPERATIONS. AND FURNISHINGS. 32,400.00
Maintenance (contractual agreements onlv)
Operation (excluding staff but including)
32,400
City of Denton
Pre-award Travel Expenses
900
Denton County Friends of the Family Safe Shelter
Repairs (non-deferred) 5,496
Telephone 6,000
Utilities 10,004
Salvation Army - Denton Emergency Shelter
Food 7,000
HOPE, Inc.
Other ( specify)
Denton HMIS 3,000
D
ROMELESSNESS PREVENTION
70.400.00
Christian Community Action
Rent
Utilities
13,500
6,000
HOPE, Inc.
Rent
Utility Security Deposits
Other - Security Deposits
34,400
3,000
3,500
Salvation Army - Denton Corp
Rent
Utilities
3,000
2,000
Salvation Army - Lewisville
Rent
Utilities
3,000
2,000
TOTAL
156,832.00
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EXHIBIT B
Contractor: CITY OF DENTON
Contract: 425117
Contract Period: 09/01/2005 - 08/31/2006
Source
Dollar Value
DONATIONS - Materials
HOPE, Inc,
Clothing, toiletries, household supplies, gifts for
children from local church groups
DONATIONS - Funds
HOPE, Inc,
Emergency Food and Shelter Program
and CDBG awards
Salvation Army Denton
Donations
LEASE or RENT
Denton County Friends of the Family
Fair market rent value of safe shelter
$3000 FMR x 12 mos =
HOPE, Inc,
Rent paid from General Operating Funds
and United Way Funds
SALARIES
Christian Community Action
3 Caseworkers $101,628 x 30%
HOPE, Inc.
TAP Caseworker $19,860 x 90% = $17,860
Intake Worker $19,400 x 50% = $9,700
Salvation Army Lewisville
Administrative Director $30,204 x 24%
$1,000
$18,000
$1,000
$43,987
$36,000
$3,360
$30,488
$27,560
$7,249
1000.00
62,987.00
. 39,360.00
65,297.00
TOTAL
300
168,644.00
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 there under specified in this Exhibit C.
I. 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" (42 U.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
implernenting 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
Accomrnodations;
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.
II. EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S,C, Sec. 1701 u),
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III. UNIFORM FEDERAL ACCESSIDILITY STANDARDS
For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24
C.F,R. Part 40, Appendix A.
IV, LEAD-BASED PAINT
The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. Sec. 4821-4846) 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:
(I) 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 INELIGIDLE 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.
I. 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 fUl area that has been identified by the Federal
Emergency Management Agency (FEMA) ,as having special flood hazards unless:
(I) The community in which the area is ,situated is participating in the National Flood
Insurance Program and the regulations there under (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 et seq.),
200
VII. 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)).
VIII. ENVIRONMENTAL STANDARDS
If Grantee is a unit of local government, it shall assume the environmental responsibilities
specified in section 1 04(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. Sec. 470 et seq,);
Executive Order 11593; and the Archaeological and Historical Preservation Act of 1966
(16 U.S.C Scc. 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 (EP A) list of
violating facilities and that it shall notif)( 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 EP A.
Grantee shall comply with the provisions of the National Environment Policy Act of
1969 (P,L. 91-190) and Executive Order 1.1514, 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 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 ~ffect 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.. 1857 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
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specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively,
and all regulations and guidelines issued there under.
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 cxtent possible, of the long and short term impacts associated with the
occupancy and modification of floodplains and avoidance of thc direct of indirect support
of floodplain development whenever there is a practicable alternative,
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