2003-030OPmiNANCE NO. dO ,J-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING
AND COMMUNTY AFFAIRS EMERGENCY SHELTER GRANT PROGRAM AND TAKE
ALL OTHER'ACTIONS NECESSARY TO OBTAIN A GRANT UNDER THE EMERGENCY
SHELTER GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the provision of services to
residents who are homeless and with providing decent housing, a suitable living environment,
and assisting homeless households to achieve self sufficiency; and
WHEREAS, the City of Denton, Texas, has a developed and adopted a continuum of care
for homeless and potentially homeless households; and
WHEREAS, the City of Denton, Texas, wishes to apply for and obtain a grant 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 local social service
agencies to provide services through the emergency shelter grant program; and
WHEREAS, the Texas Department of Housing and Community Affairs requires an
application and appropriate certifications and the City Council deems it in the public interest to
authorize the City Manager to make application for this Grant; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City
Manager to sign and submit to the Texas Department of Housing and Community Affairs and all
appropriate officials thereof, a grant application, together with all necessary certifications, grant
agreements and other documents as well as appropriate resources for entitlement of funds under
the Stewart B. McKinney Homeless Assistance Act of 1987, as amended and Emergency Shelter
Grant Program pursuant to Sec. 2306.094 of the Texas Government Code., and all other
applicable laws, as necessary to obtain a grant under the Emergency Shelter Grant Program to
provide services to homeless residents of Denton. That the City Manager is authorized to take
all other actions necessary to obtain and administer this grant.
SECTION 2. That the Community Development Administrator is authorized, under the
supervision of the City Manager, to handle all fiscal and administrative matters relating to the
application and the administration of the Emergency Shelter Grant Program, if it is funded and
all other matters connected therewith.
SECTION 3. That the City Secretary is hereby authorized to furnish true, complete, and
correct copies of this ordinance to all interested parties.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED tNis the 4~ dayof ~'~~// ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 2
TEXAS DEPARTMENT OF HOUSING AND COMMUN~' AFFAIRS
CONTRACT NO. 423117 FOR THE
EMERGENCY SHELTER GRANTS PROGRAM
CFDA NO. 14.231
SECTION 1. THE PARTIES
This agreement is made by and between the Texas Department of Housing and Community Affairs,
an agency of the State of Texas (herein the "Department") and City of Denton (herein the "State
Recipient" or "Recipient").
SECTION 2. GRANT PERIOD
The period for performance of this agreement, unless earlier terminated,' is September 1, 2003
through August 31, 2004 (herein the "Grant Period").
SECTION 3. STATE RECIPIENT PERFORMANCE
State Recipient 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"). Recipient 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 Recipient in its Emergency Shelter Grants Program (herein "ESGP")
application, and with all other terms of this grant agreement.
SECTION 4. DEPARTMENT OBLIGATIONS
In consideration of Recipient's full and satisfactory performance of this agreement, Department
shali reimburse the actual allowable costs incurred by Recipient in an amount up to:
One Hundred Fourteen Thousand Five Hundred Twenty and no 100/dollars ($114, 520).
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
"HUD"). If sufficient funds are not available to make payments under this grant agreement,
Department shall notify Recipient 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 Recipient under this agreement.
C. Department shall not be liable to Recipient for any costs which:
(1) have been reimbursed to Recipient or are subject to reimbursement to Recipient by any
source other than Department;
(2) are not allowable costs, as set forth in the Act and Section 6(B) of this agreement;
(3) are not strictly in accordance with the terms of this agreement, including the exhibits;
(4) have not been reported to Department within sixty (60) days following termination of this
agreement; 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.
Page 1 of 10
Rev.4-03 ESGP
Recipient shall refund to Department any sum of mgney which has been paid'to Recipient by
Department, which Department deter~nines has resulted in an overpayment, or which Department
determines has not been spent strictly in accordance with the terms of this agreement. Recipient
shall make such refund within fifteen (15) days after the Department's request..
SECTION 5.
METHOD OF PAYMENT / CASH BALANCES
Each month Recipient may request an advance payment by submitting to Department'a properly
completed Monthly Funding/Financial/Performance Report (MFFPR) that may include a request
for advance funds (Projected Expenses) in an amount not to exceed Recipient's actual cash
needs for. the month for which such advance is sought.
Recipient's requests for advance payments shail be limited to the minimum amounts needed for
the effective performance of this agreement, and shall be timed as.closely as possible with
Recipient's actual immediate cash requirements. Recipient shall establish procedures to
minimize the time'elapsing between the transfer of funds from Department and the disbursal of
such funds by .Recipient.
.C.
Department may use a cost reimbursement method of payment if (1) Department determines that
iRecipient has maintained cash balances in excess of need; (2) Department identifies any
deficiency in the cash controls or financial management system used' by Recipient; or (3)
Recipient fa!Is to comply with any of the reporting requirements of Sectio. n 9.
D. All funds paid to Recipient under this contract are paid in trust for the exclusive benefit of. the
eligible recipients of ESGP services and for the payment of allowable expenditures.
SECTION 6. ADMINISTRATIVEREQUIREMENTS AND COST pRiNCIPLES
Except as specifically modified by law or regulation, in performing this agreement, ReCipient 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 appl.icable to Recipient.
· B. Except as specifically modified by law or regulation, in performing this agreement,'Recipient shall
compiy with the cost principles set forth in OMB Circular No. A, 122 (nonprofit organizations) or
OMB Circular No. A-87 (units of state or Iocai government), whichever is applicable to Recipient.
C. Notwithstanding any other provision of this grant agreement, Department shall only be liable to
Recipient for costs incurred or performances rendered for activities specified in 24 C.F.R.
§576.21(a). Department shall not be liable to Recipient 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(J)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. §576.23(b).
Use of Alcoholic Beveraqes. 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.
Page 2 of 10
SECTION 7. MATCH REQUIREMENT
Recipient shall provide an amount of funds equal to the amount of fund{s provided by Department
under this agreement (herein "Recipient's Match"). Recipient'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. Recipient's Match may
include resources provided by any sub-recipient to which Recipient provides funds under this
agreement.
Amounts may be counted towards Recipient'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 Recipient's Match, Recipient 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 Recipient's staff (or that of its sub-recipients) in carrying out the
activities required under this agreement; and the time and services contributed by volunteers to
carry out such activities; determined atthe rate of Five Dollars ($5.00) per hour. Recipient 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
Recipient 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. Recipient shall comply with the retention and custodial requ rements for records
as set forth in OMB Circular No. A-110 or 24 C.F.R. Part 85.
Recipient 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 Recipient pertaining to this grant agreement.. Such access shall
continue as long as Recipient retains the records. Recipient shall maintain such records in an
accessible location.
C. Recipient shall ensure that any sub-recipients ~eceiving funds provided under this ·grant shall
comply with the record retention and custodial' requirements specified in this Section.
SECTION 9: REPORTING REQUIREMENTS
A. Recipient shall submit to Department such reports on the performance of this grant as may be
required by Department including but not limited tothe reports specified in this Section.
Recipient shall electronically submit a Monthly Funding/Financial/Performance Report (MFFPR) to
the Department on or before the twentieth' (20th) day of each month of the Grant Period,
beg nning no !ater than October 20, 2003, regardless of Whether Recipient makes a fund request.
Recipient shall submit a final MFFPR to the Department within sixty (60) days after the end of the
Grant Period. The failure of Recipient to provide a full accounting of ~11 funds expended under
this agreement within sixty (60)'days shall be sufficient roason for Department to deny or
terminate any future agreements with. Recipient. If this contract provides assistance for
renovation, rehabilitation, or conversion, in addition to the electronic final report, Recipient shall
submit under separate cover photographs of the finished construction work~
Recipient shall submit to Department within sixty (60) days after the termination of this contract an
IDIS Annual Performance Report.prepared according to instructions included in ESGP Policy
Issuance'#2003-12.11.
Page 3 of 10
Recipient 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.
If Recipient 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 Recipient hereunder. If Department withholds such payments, it shall.
notify Recipient 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
Recipient. If the delinquent report or response is not received within forty-five (45) days of its due
date, Department may suspend or terminate this agreement. If Recipient receives ESGP funds
from Department over two or more Grant Pedods, funds may be Withheld or this agreement
· suspended or terminated for Recipient's failure to submit a report or response (ir~cluding a report
of audit) past due under a prior grant agre.ement.
SECTION'I0, MONITORING AND TECHNICAL ASSISTANCE
Department or its designee may conduct periodic on-site monitoring and evaluation of the efficiency,
economy, and effectiveness of Recipient's performance of this agreement. Department will advise
Recipient in writing of any deficiencies noted dudng such monitoring. Department will provide technical
assistance to Recipient and will require or suggest changes in Recipient's program implemen[ation,
accounting, personnel, procurement, or management procedures in order to correct any deficiencies
noted. Department may conduct follow-up visits to review and assess the efforts Recipient has made
to correct previously noted deficiencies. Department may place Recipient on a reimbursement method
of payment, terminate this contract, or invoke other remedies in the event monitoring or other reliable
sources reveal matedal deficiencies in Recipient's performance' or if Recipient fails to correct any
deficiency within a reasonable period of time.
SECTION 11. INDEPENDENT CONTRACTOR
Department is contracting with Recipient as an independent contractor. To the extent allowed by law,
Recipient 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 byany
third party occurring or in any way incident to, adsing eut of,. or in connection with Recipient's
performance of this contract.
SECTION 12. PROCUREMENT
Recipient 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
recipient is a unit of Iocat government, it shall also comply with all applicable state and local laws
relating to procurement. Recipient shall not procure supplies, equipment, materials, or services except
in accordance with such procurement procedures.
SECTION '13~ CONFLICT OF INTEREST / NEPOTISM
A. Recipient shall comply with the conflict of interest provisions at 24 C.F.R; §576.57(d).
Recipient 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 codflict with the performance
Page 4 of 10
of this agreement and that no person having such interest shall be employed by Recipient or
serve as a member of its governing body.
Recipient shall ensure that no officer, employee, or member of the governing body of Recipient
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 Recipient'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 reIated to
such person in the pi'ohibited degree.
SECTION 14. LEGAL AUTHORITY
Recipient represents that. it possesses the legal authority to enter into this agreement and to
perform the services Recipient has obligated itself to perform hereunder.
The person signing this COntract on behalf of Recipient hereby warrants that he/she has been duly
authorized by Recipient's governing board to execute this agreement on behalf of Recipient and
to bind Recipient to the terms herein set forth.
'C,
Department shall have the right to terminate this contract if there is a dispute as to the legal
authority of either Recipient or the person signing this contract to enter into this contract' or to
render performances hereunder. Recipient 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
Recipient shall give Department immediate notice in writing of any action or claim, including any
proceeding before an administrative agency, filed against Recipient and arising out of the performance
of this agreement. Recipient shall promptly furnish Department with copies of.all pertinent papers
received by Recipient 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 Recipient
hereunder shall be used in support of, any sectarian or religious activity.
SECTION 17. CHANGES AND AMENDMENTS
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.
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 wdting by the contractor and authorized by a letter signed by the director of the
Community Affairs Division. Pursuant to Department policy, no Recipient-initiated amendments
will be approved or processed during the first 90 days or the last 30 days of the Grant Period.
Page 5 of 10
Rev.4-(~3 FRRP
SECTION '18. DEPARTMENT ISSUANCES
Performance of this grant agreement mu~t be rendered in accordance with the Act, the regulations
promulgated under the Act, the assurances and certifications made to Department by Recipient, 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 poliby 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 I~suance's and
shall be binding upon Recipient as if written herein. ESGP Issuance's 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 Recipient prior to the effective date of said Issuance.
SECTION 19. TERMINATION AND SUSPENSION
Department may terminate this agreement, in whole or in part, at any time Department determines
that Recipient has failed to. comply with anY term of this agreement. Department shall notify
Recipient of such determination in writing prior to the thirtieth (30th) day preceding the date of
termination to pi'ovide the reasons for such termination, the effective date of such termination, and
in the case of partial termination, the portion of the agreement to be terminated.
Nothing in'this Section shall be construed, to limit Department's dght to .withhold payment or
immediately suspend Recipient's performance of this agreement if Department identifies possible
instances of fraud, abuse, waste, 'fiscal mismanagement, or other serious deficiencies in
Recipient's performance. Suspension shall be a temporary measure pending either correCtive
action by Recipient or a decision by Department to terminate this agreement.
Upon receipt of notice of suspension dr tbrmination, Recipient 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 Recipient for 'costs
incurred after termination of this agreement. '
Notwithstanding any exercise by Department of its right of suspension or of early terminationl
Recipient 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 Recipient until
such time as the exact amount of damages due to Department by Recipient is agreed upon or is
otherwise determined and paid.
SECTION 20. AUDIT
For any fiscal year included within the Grant Period during which the Recipient expended
$300,000 or more in total .federal financial assistance ($500,000 or more for fiscal years that end
after December 31, 2003), Recipient 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-133, "Audits of States, Local Governments, and Non-Profit Organizations". The
term "federal financial assistance" includes awards of federal financial assistance received directly.
from federal agencies, or indirectly through units of state and local government.
Recipient 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. Recipient 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.
Page 6 of 10
Rev.4-03 ESGP
For each fiscal year ending within or immediately after the Grant Period, .Recipient must submit an
"Audit Certification Form" (available from the Department) within sixty (60) days after the
Recipients fiscal year end.
-D.
Department reserves the right '~o conduct additional audits of the funds received and performances
rendered under this grant agreement. Recipient agrees to permit Department or its authorized
representative to audit Recipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
Recipient shall be liable to Department.fbr any costs disallowed pursuant to audit(s) of funds.
received under this agreement. Recipient shall reimburse such disallowed costs with funds that
are not provided under this contract. ..
SECTION 2t. TRAVEL
Allowable travel costs under ithis 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 wdtten travel policy..
Contractor's written travel policy shall delineate the rates whlch 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.
SECTION22: SPECIAL CONDITIONS
Department shatl not release any funds under this agreement until Department has determined
that Recipient's fiscal control and fund accounting procedures are adequate to assure the proper
disbursal of and accounting for such funds.
B. Department shall not release any funds, under this agreement until Department has received a
· properly completed Depository/Authorized Signatory Form (Department Form) from Recipient.
Recipient shall have obligated (as such term is defined in 24 C.F.R. §576.3) all funds provided
under this agreement on or before January '1,2004. DepaKment may recapture any funds not so
obligated~
Recipient 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. §576.53(b).
· If ReciPient uses {unds received under this.agreement to' provide essential services, homeless
preVention, or maintenance arid operating cos{s, 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. Recipient may use one or more sites or structures to carry out the
activities but it must serve the same general population. The ~same general population" means
the types of homeless· persons originally served with the funds or persons in the same
geographical area.
Recipient shall make known that use of the facilities and services funded under this agreement
are available to all on a nondiscriminatory basis. Recipient also must adopt and implement
procedures designed to make available to interested persons information concerning the
existence and location of services and facilitiesthat are accessible to persons with a disability.
Page 7 o~ '10 ..
Rev.4-03 ESGP ~
Recipient 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. Recipient shall not expend ESGP funds for any activities that would result in the displacement o7
persons or businesses.
I. Recipient shall, to the maximum extent practicable, involve, [hrough employment, volunteer
services, or otherwise, homeless individuals and families, in constructing, renovation, maintaining,
and operating facilities assisted under this agreement, in providing services assisted under this
agreement, and in providing, services for occupants 'of facilities assisted under this agreement.
If Recipient intends to provide emergency shelter for homeless persons in hotels or motels, or
other commercial facilities providing transient housing, Recipient must provide the Department
with a certification that: (1)'leases negotiated between Recipient 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 Recipient has considered other facilities as
emergency shelter, and has determined that use of the. facilities Provides the most cost-effective
means.cf providing emergency shelter in its service 'area.
Recipient 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 an~/: 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.
Recipient shall ensure that .any building for. which ESGP amounts are used for renovation,
conversion, or major rehabilitation must meet local government safety and sanitation standards.
None of the funds p~ovided under this agreement may be used in connection with any dwelling
unit unless the unit is. protected by a hard-wired or battery-operated smoke detector installed in
accordance with National Fire Protection Association Standard 74.
Recipient shall only subcontract for budget ·line items under this contractwhich are not specified in
Exhibit A after Recipient has submitted information concerning each such proposed subcontract
to Department and.has obtained Department's prior written approval of Recipient's intent to enter
into such proposed contract.' Recipient, in subcontracting for any performances described in this
contract, expressly understands that in entering into such subcontracts, Department is in no way
liable to Recipient's subcontractor(S). In no event shall any provision of 'this paragraph,
specifically the requirement that Recipient obtain Depai'tment's prior written approval of a
subcontract, be construed as relieving Recipient of the responsibility for ensuring that the
.performances randered under all subcontractS are rendered so as to comply with all of the terms
of this contract, as if such performances were rendered by Recipient. Department's approval
under·this paragraph does not constitute·adoption, ratification, or acceptance of Recipient's or
subcontractor's performance hereunder and Department maintains· the right to insist upon
Recipient's full compliance with the terms of this contract.
SECTION 23.
POLITICAL ACTIVITY AND LOBBYING
None of the funds provided under this contract shall be used for influencing .the outcome of any
election, or the passage or defeat of any legislative measure. Thi~ 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
Page 8 of 10.
Rev.4-03 ESGP
information in the hands of the employee or official not considered unde[ 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 frorp employment.
No funds provided under this contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive, or judicial branches of
government of Contractor, the State of Texas, or the government of the United States.
None of'the funds provided under this contract shall be expended in payment of the salary for fuIF
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, Governmen[
Code.
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
if any funds other than federally apprOpriated funds have been paid or will be paid to any person
for influencing, or attempting [o 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, Recipient shall
complete and subm!t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
SECTION 24. PREVENTION OF FRAUD AND ABUSE
Recipient shall establish; maintain, and utilize Internal systems and procedures sufficient to
prevent, detect; and correct incidents of waste, fr~ud, 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. Recipient's internal control systems and all transactions and
othe~ significant events are to be clearly documented and the documentation shall be readily
available for monitoring by Department.
Recipient 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. Recipient shall fully
· cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse.
Recipient 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 Recipient 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 Recipient had this agreement never been executed.
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Rev.4-03 ESOP ~
SI~CTION 26. NO WAIVER
No right or remedy given to Department by this contract shall preclude the e~istence 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.
SECTION 28.. PRIOR ORAL AND WRITTEN AGREEMENTS
All 0ral 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 ~'~' day of _~~~, 2003.
CITY OF DENTON
TEXAS DEPARTMENT OF HOUSING
AND COMMUNITY AFFAIRS
'-~'(Jv~ [~. (~arrington
Executive Director
This agreement is not effective unless signed by the ExecutiVe Director of Department or her
authorized designee.
Page 10 of 10
Rev,4-03 ESGP
CONTRACTOR: City Of Denton
CONTRACT PERIOD: 9/0'1/2003 - 8731/2004
EXHIBIT A - BUDGET
CONTRACT # 423117
original ~-~ amendment # [-'--']
Activity Total Funds
Category Description Of Activities by Category
Contract Funds: $114,520
STATE ADMINISTRATION: (cities and counties only) $4,520
A RENOVATIONS 18,000
Friends of the Family
Foundation repair to residential - Safe Shelter
B ESSENTIAL SERVICES 39,000
Salaries $39,000
Friends Of the Family $19,000
Child and Adolescent Counselor
Children's Coordinator
Salvation Army $20,000
Transitional Shelter Counselor
C MAINTENANCE, OPERATIONS, AND FURNISHINGS 30,000
I Operations Administration (not morethan 10% of grant) $11,000
HelpNET $6,500.
Executive Director ' : ·
HOPE, Inc, $4,500
Intake Worker/Administrative Assistant
Operations (excluding staff) $19,000
HelpNET $3~150
Telephone
Salvation Army $15,850
Food
Utilities
D HOMELESSNESS .PREVENTION' 23,000
HOPE, Inc.
Rent and Deposit Subsidies
TOTAL $114,520
EXHIBIT B
MATCH FUNDS
CONTRACTOR: City Of Denton
CONTRACT # 423117
SOURCE DOLLAR VALUE METHOD OF CALCULATION
(Provide Detail on Match and Calculations)
DONATIONS:
Material(s) $
Building $
Funds $
LEASE or RENT $ 36,000 Friends of the Family value of shelter lease
SALARIES' '9 ' 30,800 HOPE, Inc.
TAP Case Manager $15,800
Salvation Army
TSP Counselor. CDBG $15~000
VOLUNTEERS
(@ $5/hour) $ 3,500 Friends of the Family
Thrift Store volunteers donated time sorting &
working in shop
OTHER - cash donations or $ 32,500 HelpNET
grants Celebrity RoastJGolf Tournament $10.000
Salvation Army
Unrestricted Donations - $22,500
OTHER $ 12,000 HOPE, Inc.
EFSP rent subsidy - $12,000
M~.TCH TOTAL $ 114.800
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
promLilgated thereunder specified in this Exhibit C.
I. NONDISCRIMINATION AND EQUAL OPpoRTuNITY
Title VI Of the ciVil Rights Act of 1964, (42 U.S.C. §§ 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";
Tte V I of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. §§ 3601 e_t
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 1 ;I 063 of
24 C.F.R, Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R.
§107.60.;
The prohibitions against, discrimination on the basis.of age under the Age Discrimination Act of
1975 (42 U.S.C. §§ 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. §794) and implementing
regulations at 24 C.F.R. Part 8. For purposes of the Emergency Shelter Grants Program, the
term "dwelling units" in 24 C.F.R. Part 8 shall include sleeping accommodations;
The affirmative action requirements of Executive Order 11246 and the.regulations issued under
the Order at 4~1 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. §1701 u).
III. UNIFORM FEDERAL ACCESSIBILITY 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.
§§ 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 sun'aces:
(1) Treatment of defective paint surfaces must be performed before final inspection and
approval of the renovation, rehabilitation, or conversion activity under 24 C.F.R. Part 576; and
(2) Appropriate action must be- taken to protect shelter occupants from the hazards
associated with lead-based paint abatement procedures.
V. ' USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS
The provisions of 24 C.F.R. Part 24 relating to the employment, engagement of services,
· awarding of 'contracts, or funding of any Contractors or subcontractors during any period of
debarment, suspension, or placement in ineligibility status. '
VI. FLOOD INSURANCE
No site proposed on which renovation,' major rehabilitation, or conversion of a building is to be
assisted under 24 C:F.R. Part 576, other than by grant amounts allocated to States under'
§576.43, may be located in an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazards unless:
(1) The community in which the area is situated is participating.in the National .Flood
Insurance Program and.the regulations thereunder (44 C.F.R. Parts 59 thro. ugh 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. §§4001 et seq.).
VII. COASTAL BARRIERS
In accordance with tl'ie 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.
§1451 et seq.) as amended, particularly section 307(c) and (d) (16 U.S.C. §1456(c) and (d)).
Pag~ 2 of 3
VIII. ENVIRONMENTAL STANDARDS
If Grantee is a unit of local government, it shall assume the environmental responsibilities
specified in section 104(g)(1) of the Housing and Community Development Act of 1974 and 24
C.F.R. Part 58.
Grantee shall assist Department and HUD in their compliance with Section 106 of the National
Historic PreseK, ati0n Act of 1966, as amended (16 U.S.C, §470 et seq.); Executive Order
11593; and the Archaeological and Historical Preservation Act of 1966 (16 U.S.C §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 o~ 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 Execut ve Order 11783, that the facilities under its ownership~
lease, or supervisions which shall be utilized in the accomplishment ef this grant agreement are
not listed on the Envir0n'm~ntal Protection Agency (EPA) list of violating facilities and that it shall
notify Department and HUD of the receipt of any communication from the Director of the EPA
Office of Federal Activities indicating that a facility to be used in carrying' Out this agreement is
under consideration for listing by the EPA.
Grantee shall comply with the provisions of the National Environment Policy Act of 1969 (P.L.
91-190) and Executive Order 11514, as amended by Executive Order 11991, which promote
efforts to prevent or eliminate damage to the environment and biosphere and require an
Environmental Impact Statement when plans, and programs may affect the quality of the'
environment. To the extent applicable, Grantee Shall comply 'with all of the requirements of
Section 114 of the Clean Air Act, as amended (42 U.S.C. §1857 et seq.), and Section 308 of the
Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), 'respectively, relating to
inspection,.monitoring, entry, reports, and information, as well as other'requirements specified in
Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations
and guidelines .issued thereunder.
Grantee shall comply with the provisions of.Executive Order 11296, relating to evaluation of
flood hazards, and Executive Order 11288, relating to prevention, control, and abatement, of
water pollution. Grantee shall assist Department and HUD in their compliance with Executive
Order 11988, Flood Plain Management, which requires avoidance, to the extent possible, of the
long and short term impacts associated with the occupancy and modification of floodplains and
avoidance of the direct of indirect support of floodplain development whenever there is a
practicable alternative.
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