2001-060 ORDINANCE NO ~0~)/-- ~)~.l~)
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 Oty of Denton, Texas, ~s concerned with the prows~on of services to
residents who are homeless and with prowdmg decent housing, a statable living environment,
and assisting homeless households to achieve self suffimency, and
WHEREAS, the Oty 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 McKanney Homeless
Assistance Act of 1987 as amended (42 U S C Sec 11371 et seq ), and as adm~mstered through
the United States Department of Housmg and Urban Development, and
WHEREAS, the Texas Legislature has designated the Texas Department of Housmg and
Community Affairs as the adm~mstenng agency for the Emergency Shelter Grant Program
pursuant to Sec 2306 094, Texas Government Code, and
WHEREAS, the City of Denton, Texas, mtends to sub-contract with local socml service
agencies to prowde services though the emergency shelter grant program, and
WHEREAS, the Texas Department of Housing and Commumty Affairs requires an
apphcataon and appropriate cert~ficattons and the City Council deems it in the pubhc ~nterest to
authorize the Oty Manager to make apphcatmn for th~s Grant, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Oty Council of the Oty of Denton, Texas, authorizes the City
Manager to sign and submit to the Texas Department of Housmg and Commumty Affmrs and all
appropriate officials thereof, a grant apphcat~on, together w~th all necessary cemficat~ons, grant
agreements and other documents as well as appropriate resources for entitlement of funds under
the Stewart B McKmney Homeless Assastance 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
prowde services to homeless residents of Denton That the Oty Manager ~s authorized to take
all other aetaons necessary to obtmn and admmlster th~s grant
SECTION 2 That the Community Development Adm~mstrator is authorized, under the
supervxs~on of the City Manager, to handle all fiscal and administrative matters relating to the
apphcat~on and the adm~mstratlon of the Emergency Shelter Grant Program, ff ~t ~s funded and
all other matters connected therewith
SECTION 3 That the C~ty Secretary ~s hereby authorized to furnish true, complete, and
correct copies of thru ordinance to all interested pames
SECTION 4 That th~s ordinance shall become effective lmmedmtely upon its passage
and approval
PASSED AND APPROVED thru the ~ day of ~'~~ ,2001
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 COMMUNITY AFFAIRS
CONTRACT NO 421117 FOR THE
EMERGENCY SHELTER GRANTS PROGRAM
CFDA NO 14 231
SECTION 1 THE PARTIES
Th~s agreement ~s made by and between the Texas Department of Housing and Commun;ty Affairs,
an agency of the State of Texas (here~n the "Department") and C~ty of Denton (heram the "State
Recipient" or "Rec;pient")
SECTION 2. GRANT PERIOD
The penod for performance of this agreement, unless earher term;nated, is September 1, 2001
through August 31, 2002 (here~n the "Grant Per~od")
SECTION 3 STATE RECIPIENT PERFORMANCE
State Recipient shall conduct, ~n a sabsfactory manner as determined by Department, an
Emergency Shelter Grants Program pursuant to the Stewart B McK~nney Homeless Assistance Act,
as amended (42 U S C Sec 11371 et seq ) (here~n the "Act") Recipient shall perform all actiwt~es
~n accordance w~th the terms of the Budget (here~n "Exh~b;t A"), the Match (here~n "Exhibit B"), the
Applmable Laws and Regulations (hera~n "Exhibit C"), the assurances, cerbficat~ons, and other
statements made by Recipient m Its Emergency Shelter Grants Program (here~n "ESGP")
apphcation, and w~th all other terms of this grant agreement
SECTION 4 DEPARTMENT OBLIGATIONS
A In cons~derabon of Rec~plent's full and satisfactory performance of th~s agreement, Department
shall reimburse the actual allowable costs ~ncurred by Recipient ~n an amount up to
F~ft,/-F~ye Thousand One Hundred Twenty and no/100 dollars ($55,120)
B Department's obhgations under th~s agreement are cont;ngent upon the actual receipt of
adequate ESGP funds from the U S Department of Housing and Urban Development (hera~n
"HUD") If sufficient funds are not available to make payments under th~s grant agreement,
Department shall not~fy Recipient ~n writing w~th~n a reasonable t~me after such fact ~s
determined Department shall then terminate th~s agreement and w~ll not be hable for the
failure to make any payment to Recip~ent under th~s agreement
C Department shall not be liable to Rec~p;ent for any costs wh;ch
(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 ~n the Act and Section 6(B) of th~s agreement,
(3) are not strictly ;n accordance with the terms of th~s agreement, including the exhibits,
(4) have not been reported to Department w~th~n s~xty (60) days following termination of th~s
agreement, or
(5) are not recurred during the Grant Period
Page 1 of 11
Rev 6-01 ESGP
D Recipient shall refund to Depar'[ment any sum of money which has been pa~d to Recipient by
Department, whmh Department determines has resulted m an overpayment, or which
Department determines has not been spent strictly ~n accordance w~th the terms of th~s
agreement Recipient shall make such refund w~th~n fifteen (15) days after the Department's
request
SECTION 5, METHOD OF PAYMENT I CASH BALANCES
A Each month Recipient may request an advance payment by submitting to Department a
properly completed Monthly Funding/F~nanc~al/Performance Report (MFFPR) that may include
a request for advance funds (ProJected Expenses) ~n an amount not to exceed Rec~p~ent's
actual cash needs for the month for which such advance ~s sought
B Reclp~ent's requests for advance payments shall be hmited to the m~nlmum amounts needed
for the effective performance of this agreement, and shall be bmed as closely as possible w~th
Rec~p~ent's actual immed~ate cash requirements Recipient shall establish procedures to
m~nlm~ze the t~me elapsing between the transfer of funds from Department and the d~sbursal of
such funds by Recipient
C Department may use a cost reimbursement method of payment if (1) Department determines
that Recipient has maintained cash balances ~n excess of need, (2) Department ident~fies any
deficmncy in the cash controls or financial management system used by Recipient, or (3)
Remp~ent fa~ls to comply w~th any of the reporting requirements of Section 9
D All funds pa~d to Recipient under this contract are pa~d ~n trust for the exclusive benefit of the
ehg~ble recipients of ESGP services and for the payment of allowable expenditures
SECTION 6. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
A Except as specifically modified by law or regulation, in performing this agreement, Recipient
shall comply w~th the adm~mstretlve requirements set forth ~n OMB C~rcular No A-110
(nonprofit organ~zations) or the regulations codified at 24 C F R Part 85 (umts of state or local
government), whmhever ~s apphcable to Recipient
B Except as specifically modified by law or regulation, m performing th~s agreement, Recipient
shall comply w~th the cost pnnc~ples set forth ~n OMB C~rcular No A-122 (nonprofit
organizatmns) or OMB C~mular No A-87 (umts of state or local government), whichever ~s
apphcable to Recipient
C Notwithstanding any other prows[on of this grant agreement, Department shall only be hable to
Recipient for costs incurred or performances rendered for acfiwbes specified ~n 24 C F R
{}576 21(a) Department shall not be hable to Recipient for the costs of any other acbwt~es,
including but not hm~ted to
(1) acqms~tmn of an emergency shelter for the homeless,
(2) renting commercial transient accommodatmns for the homeless (such as hotel or motel
rooms) unless the conditions ~n Secbon 22(J) of th~s agreement have been met,
(3) renovating, rehab~htabng, or converhng buildings owned by primarily rehg~ous
orgamzatmns or enbfles except as specifically authonzed by 24 C F R {}576 23(b)
Page 2 of 11
Rev 6-01 ESGP
D Use of Alcoholic Bevera~les None of the funds prowded under th~s contract shall be used for
the payment of salaries to any employee who uses alcohol c beverages wh le on act ve duty
No funds provided under th~s contract for travel expenses shall be used for the purchase of
alcoholic beverages
SECTION 7 MATCH REQUIREMENT
A Recipient shall prowde an amount of funds equal to the amount of funds provided by
Department under th~s agreement (hereto "Rec~p~ent's Match") Reclp~ent's Match must be
provided dunng 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 th~s agreement
Rec~plent'$ Match may include resources provided by any sub-recipient to which Recipient
provides funds under th~s agreement
B Amounts may be counted towards Rec~p~ent's Match only ~f such amounts are costs or
resources of a type specified ~n Exhibit B, Match and only ~f such amounts are computed in
accordance w~th th~s Section In calculating the amount of Rec~plent's Match, Recipient may
~nclude the value of any donated material or building, the value of any lease on a building, any
salary pa~d Rectp~ent's staff (or that of ~ts sub-recipients) in carrying out the activities required
under th~s agreement, and the t~me and services contributed by volunteers to carry out such
actlwt~es, determined at the rate of F~ve Dollars ($5 00) per hour Recipient shall determine the
value of any donated matenal or building or any lease, using any method reasonably
calculated to estabhsh a fair market value
SECTION 8 RETENTION AND ACCESSIBILITY OF RECORDS
A Recipient shall maintain fiscal records and supporting documentation for all expenditures of
funds made under th~s agreement in a manner that conforms to OMB C~rcular No A-87 or A-
122 and th~s agreement Rec~pient shall comply with the retention and custodial requirements
for records as set forth ~n OMB C~rcular No A-110 or 24 C F R Part 85
B Recipient shall gwe HUD, the Comptroller General of the Un~ted States, the Auditor of the
State of Texas, and any Department authonzed representative, access to and the nght to
reproduce all records belonging to or in use by Recipient perta~mng to th~s grant agreement
Such access shall continue as long as Recip~ent retains the records Recipient shall maintain
such records in an accessible location
C Recipient shall ensure that any sub-rac~p~ents rece~wng funds prowded under th~s grant shall
comply w~th the record retenbon and custodial requirements specified ~n th~s Section
SECTION 9, REPORTING REQUIREMENTS
A Recipient shall submit to Department such reports on the performance of th~s grant as may be
required by Department ~ncludlng but not I~mlted to the reports specified ~n this Section
B Recipient shall electronically submit a Monthly Funding/F~nanc~al/Performance Report
(MFFPR) to the Department on or before the twenbeth (20th) day of each month of the Grant
Period, beginning no later than October 20, 200'1, regardless of whether Recipient makes a
fund request
Page3 of 11
Rev 6-01 ESGP
C Remplent shall submit a final MFFPR to the Department w~thln s~xty (60) days after the end of
the Grant Penod The failure of Rec~pient to prowde a full accounting of all funds expended
under this agreement w~thin s~xty (60) days shall be sufficient reason for Department to deny or
terminate any future agreements w~th Recipient If th~s contract prowdes assistance for
renovation, rehabilitation, or convere~on, ~n add~bon to the electronic final report, Recipient shall
submit under separate cover photographs of the finished construchon work
D Recipient shall submit to Department no later than sixty (60) days after the termination of th~s
contract a cumulative inventory report of all equipment hawng a unit acqu~slbon cost of $500 or
more, acquired ~n whole or ~n part w~th funds received under this or previous ESGP contracts
Upon the termination of th~s contract, Department may transfer title to any such equipment
hawng a umt acquisition cost of $1000 or more to itself or to any other entity rece~wng ESGP
funds Eom Department
E If Recipient fa~ls to submit, ~n a t~mely and satisfactory manner, any report or response reequ~red
by this agreement, ~nclud~ng responses to mon~tonng reports, Department may w~thhold
payments otherwise due to Recipient hereunder If Department w~thholds such payments, ~t
shall not~fy Recipient ~n writing of ~ts decision and the reasons therefore Department may
withhold payments until such t~me as the delinquent obhgat~ons for which funds are w~thheld
are fulfilled by Recipient If the dehnquent report or response ~s not received w,th~n forty-five
(45) days of ~ts due date, Department may suspend or terminate th~s agreement If Recipient
receives ESGP funds from Department over two or more Grant Periods, funds may be w~thheld
or th~s agreement suspended or terminated for Rec~p~ent's failure to submit a report or
response (including a report of audit) past due under a pnor grant agreement
SECTION t 0 MONITORING AND TECHNICAl. ASSISTANCE
Department or Its designee may conduct penod~c on-s~te momtonng and evaluation of the efficiency,
economy, and effectiveness of Rec~p~ent's performance of th~s agreement Department w~ll adwse
Recip~ent ~n writing of any deficiencies noted during such monitoring Department w~ll prowde
technical assistance to Recipient and will require or suggest changes ~n Rec~p~ent's program
implementation, accounting, personnel, procurement, or management procedures in order to correct
any deficiencies noted Department may conduct follow-up ws~ts to rewew and assess the efforts
Remp~ent has made to correct prewously noted deficiencies Department may place Recipient on a
reimbursement method of payment, terminate th~s contract, or invoke other remedies ~n the event
momtonng or other rehable sources reveal material deficiencies ~n Rec~p~ent's performance or ~f
Recipient falls to correct any deficiency within a reasonable per~od of t~me
SECTION '11 INDEPENDENT CONTRACTOR
Department is contracbng w~th Recipient as an independent contractor To the extent allowed by
law, Recipient agrees to hold Department harmless and to ~ndemmfy Department from and against
any and all claims, demands, and causes of action of every k~nd and character which may be
asserted by any third party occumng or in any way ~nc~dent to, arising out of, or ~n connection w~th
Rec~plent's performance of th~s contract
SECTION 12. PROCUREMENT
Recipient shall develop and ~mplement procurement procedures that conform to the adm~mstrat~ve
requirements referenced ~n Section 6 and w~th any procurement gu~dehnes ~ssued by Department If
recipient ~s a umt of local government, ~t shall also comply with all applicable state and local laws
Page 4 of 11
Rev 6-01 ESGP
relating to procurement Recipient shall not procure supphes, equipment, materials, or services
except ~n accordance w~th such procurement procedures
SECTION 13 CONFLICT OF INTEREST / NEPOTISM
A Recipient represents that neither ~t nor any member of ~ts govermng body presently has any
~nterest or shall acquire any interest, d~rect or md~rect, which would conflict w~th the
performance of th,s agreement and that no person hawng such ~nterest shall be employed by
Recipient or serve aa a member of ~ts govermng body
B Recipient shall estabhsh safeguards to prohibit ~ts officers and employees from using their
pos~t~ons for a purpose that ~s or g~ves the appearance of being motivated by a desire for
pnvate gain for themselves or others, particularly those w~th whom they have family, bus~ness,
or other ties Specifically, Recipient shall comply w~th the conflmt of interest prows~ons at 24
C F R {}576 57(d)
C 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 w~th~n the second degree by
affinity or third degree by consangu~mty to any member of Rec~p~ent's governing body or to any
officer or employee who would directly supervise such person Th~s 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 govermng
body member related to such person m the prohibited degree
SECTION 14 LEGAL AUTHORITY
A Recipient represents that ~t possesses the legal authonty to enter into th~s agreement and to
perform the services Recipient has obhgated ~tself to perform hereunder
B The person s~gn~ng th~s contract on behalf of Recipient hereby warrants that he/she has been
duly authonzed by Rec~pient's governing board to execute th~s agreement on behalf of
Recipient and to b~nd Recipient to the terms here~n set forth
C Department shall have the nght to terminate th~s contract ~f there ~s a dispute as to the legal
authority of either Recipient or the person s~gmng this contract to enter ~nto th~s contract or to
render performances hereunder Recipient ~s hable to Department for any money ~t has
received from Department for performance of the prows~ons of th~s contract, ~f Department has
terminated th~a contract for reasons enumerated ~n th~s Secbon 14
SECTION '16 LITIGATION AND CLAIMS
Recipient shall g~ve Department ~mmed~ate notme in writing of any action or claim, including any
proceeding ~before an adm~mstratlve agency, filed against Recipient and ans~ng out of the
performance of this agreement Recipient shall promptly furnish Department w~th cop~es of all
pertinent papers received by Recipient w~th respect to such action or claim
SECTION 16, SECTARIAN ACTIVITY
The performance of this agreement shall not revolve, and no port~on of the funds received by
Recipient hereunder shall be used ~n support of, any sectanan or rehg~ous actiwty
Page 5 of 11
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SECTION t ? CHANGES AND AMENDMENTS
A Any change ~n the terms of th~s agreement, which ~s required, by a change ~n state or federal
law or regulation ~s automatically ~ncorporated hereto and ~s effective on the date designated
by such law or regulation
B Except as otherwise expressly prowded ~n th~s agreement, any change ~n the terms of th~s
agreement shall be by an amendment hereto ~n wnbng s~gned by both part~es Pursuant to
Department policy, no Rec~p~ent-iniflated amendments w~ll be approved or processed during
the first 90 days or the last 30 days of the Grant Penod
C Notwithstanding Subsection 17(B), only Remp~ents that are umts of general local government
may make transfers of funds between or among the budget categories of Exhibit A w~thout an
amendment to this agreement provided that
(1) the cumulative dollar amount of all transfers among d~rect budget categones ~s not more
than five percent (5%) of the amount specified ~n Section 4,
(2) the transfer will not change the scope or obJective of the projects funded under th~s
agreement, and
(3) Recipient submits a report of all such budget rews~ons to Department before the end of
the Grant Per~od
SECTION 18 DEPARTMENT ISSUANCES
Performance of this grant agreement must be rendered ~n accordance w~th 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 th~s contract,
Department may ~ssue pohcy d~rectives, which serve to establish, ~nterpret, or clarify the
requirements of th~s agreement Such directives shall be promulgated by Department ~n the form of
ESGP Issuance's and shall be b~nd~ng upon Recipient as ~f wntten here~n ESGP Issuance's shall
not alter the terms of this agreement so as to release Department of any obligation specified ~n
Section 4 to reimburse costs incurred by Recipient prior to the effective date of sa~d Issuance
SECTION 19. TERMINATION AND SUSPENSION
A Department may terminate th~s agreement, ~n whole or ~n part, at any t~me Department
determines that Recipient has failed to comply w~th any term of this agreement Department
shall notify Recipient of such determination ~n writing pnor to the thirtieth (30th) day preceding
the date of termination to prowde the reasons for such term[nat~on, the effective date of such
termination, and ~n the case of partial term~nabon, the port,on of the agreement to be
terminated
B Nothing In th~s Section shall be construed to hm~t Department's right to withhold payment or
~mmedlately suspend Rec~p~ent's performance of this agreement ~f Department ~denbfies
possible ~nstances of fraud, abuse, waste, fiscal m~smanagement, or other serious deficiencies
~n ReClplent's performance Suspension shall be a temporary measure pending either
correct~ve achon by Recipient or a decision by Department to terminate this agreement
Page 6 of 11
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C Upon receipt of notice of suspension or term~nabon, Recipient shall cancel, w~thdraw, or
otherwfse terminate any outstanding orders or subcontracts related to the performance of th~s
agreement and shall cease to ~ncur costs hereunder Department shall not be hable to
Recipient for costs ~ncurred after termlnabon of th~s agreement
D Notwithstanding any exercise by Department of ~ts nght of suspension or of early termination,
Recipient shall not be reheved of any hab~hty to Department for damages due to Department by
wrtue of any breach of th~s agreement Department may w~thhold payments to Recipient until
such bme as the exact amount of damages due to Department by Recipient ~s agreed upon or
~s otherwise determined and paid
SECTION 20. AUDIT
A For any fiscal year ~ncluded w~thin the Grant Period during which the Recipient expended
$300,000 or more m total federal financial assistance, Recipient shall arrange for the
performance of an annual audit of the funds received and performances rendered under th~s
grant agreement The audit shall be made ~n accordance w~th the S~ngle Audit Act
Amendments of 1996, 31 U S C ch 75, and OMB C~rcular No A-133, "Audits of States, Local
Governments, and Non-Profit Orgamzaflons The term "federal financial assistance" ~ncludes
awards of federal financial assistance received d~rectly from federal agencies, or ~nd~rectly
through umts of state and local government
B Rec~pient shall submit two (2) copies of the report of such audit to Department w~th~n thirty (30)
days after the completion of the audit, but no later than rune (9) months after the end of the
audit period Recipient shall insure that the audit report ~s made available for pubhc mspecbon
w~thln thirty (30) days after completion of the audit Audits performed under th~s Section are
subject to rewew and resolutmn by Department or ~ts authonzed representabve
C For any fiscal year ending w~thln or immediately after the Grant Period, Recipient must subrn~t
an "Audit Cert~ficabon Form" (available from the Department) w~th~n n~nety (90) days after the
Recipients fiscal year end
D Department reserves the r~ght to conduct additional audits of the funds received and
performances rendered under th~s grant agreement Recipient agrees to permit Department or
~ts authorized representative to audit Rec~p~ent's records and to obtain any documents,
matenals, or ~nformaflon necessary to fac~htate such audit
E Recipient shall be hable to Department for any costs disallowed pursuant to audit(s) of funds
received under this agreement Recipient shall reimburse such d~sallowed costs w~th funds that
are not prowded under th~s contract
SECTION 2t TRAVEL
Allowable travel costs under th~s contract shall be determined ~n accordance w~th OMB C~rculars A-
122 or A-87, as applicable, any Department Issuance on travel, and w~th Contractor's wntten travel
pohcy Contractor's wntten travel pohcy shall delineate the rates which Contractor shall use ~n
computing the travel and per d~em expenses of ~ts board members and employees Pnor to ~ncurnng
any costs for travel, contractor must provide Department w~th a copy of ~ts travel pohcy and ewdence
that such pohcy has been approved by Contractor's govermng body If Contractor has no
estabhshed wntten travel pohcy, the travel regulations apphcable to Department employees shall
apply
Page 7 of 11
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SECTION 22 SPECIAL CONDITIONS
A Department shall not release any funds under th~s agreement unbl Department has determined
that Reclpient's fiscal control and fund accounting procedures are adequate to assure the
proper,d~sbursal of and accounting for such funds
B Department shall not release any funds under th;s agreement until Department has rece;ved a
properly completed Depos;tory/Author~zed Signatory Form (Department Form) from Recipient
C Recipient shall have obhgated (as such term ~s defined ~n 24 C F R §576 3) all funds provided
under th~s agreement on or before January 1, 2002 Department may recapture any funds not
so obhgated
D Recipient shall ensure that any build;ng rehabilitated w;th funds prowded under th;s agreement
~s maintained as a shelter for the homeless for not less than a three-year period, or for not less
than a ten-year period ~f such funds are used for major rehab~htat~on or conversion of the
building The applicable per~od shall be calculated ~n accordance w;th 24 C F R §576 53(b)
E If Recipient uses funds received under th~s agreement to prowde essential services, homeless
prevent;on, or maintenance and operating costs, the acbwfles must be carned out until all of
the funds made available under th~s agreement for such act~wbes are expended or for the
Grant Per;od, whichever ~s shorter Rec~p;ent may use one or more s~tes or structures to carry
out the act;wiles but ~t must serve the same general population The "same general
population" means the types of homeless persons or~g;nally served w~th the funds or persons
m the same geographical area
F Recipient shall make known that use of the fac~ht~es and services funded under th~s agreement
~s available to all on a nondlscr~m;natory bas~s Recipient also must adopt and ;mplement
procedures des;gned to make ava;lable to ;nterested persons mformat~on concermng the
existence and location of serv;ces and fac~hbes that are access;ble to persons w~th a d~sabll~ty
G Rec~p;ent shall adm;n~ster, ~n good faith, a polmy designed to ensure that ~ts homeless fac~hty ~s
free from the ~llegal use, possession, or d;stnbubon of drugs or alcohol
H Recipient shall not expend ESGP funds for any act~wt~es that would result m the d~splacement
of persons or businesses
I Rec~p;ent shall, to the maximum extent precflcable, revolve, through employment, volunteer
services, or otherwise, homeless ~ndw~duals and families ;n construcbng, renovation,
maintaining, and operating facilities assisted under th~s agreement, ;n providing services
assisted under th~s agreement, and ~n prowdmg services for occupants of famishes assisted
under th;s agreement
J If Recipient intends to prowde emergency shelter for homeless persons ~n hotels or motels, or
other commercial facilIties prowd~ng transient hous;ng, Recipient must provide the Department
with a certification that (1) leases negobated between Recipient and prowders of such housing
prowde or w~ll prowde that the iiwng space w~ll be rented at substanbally less that the da~ly
room rate otherw;se charged by the facility, and (2) the Recipient has considered other
facilities as emergency shelter, and has determined that use of the fac;I;bes prowdes the most
cost-effective means of prowd~ng emergency shelter ;n ~ts service area
Page 8 of 11
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K Recipient shall develop and implement procedures to ensure the confidenbahty of records
pertaining to any ~ndlwdual provided family violence prevention or treatment services under any
proJect assisted under th~s agreement, and that the address or location of any family wolence
shelter proJect assisted w~ll, except w~th wntten authonzat~on of the person or persons
responsible for the operation of such shelter, not be made public
L Recipient shall ensure that any building for which ESGP amounts are used for renovation,
conversion, or major rehab~htation must meet local government safety and sanitation
standards
M None of the funds prowded under th~s agreement may be used in connection w~th any dwelhng
unit unless the unit ~s protected by a hard-w~red or battery-operated smoke detector ~nstalled ~n
accordance with National Fire Protection Association Standard 74
N Recipient shall only subcontract for budget hne ~tems under th~s contract whmh are not
specified in Exhibit A after Recipient has submitted information concerning each such
proposed subcontract to Department and has obtained Department's pnor wntten approval of
Reclplent's ~ntent to enter into such proposed contract Recipient, in subcontracbng for any
performances descnbed in this contract, expressly understands that ~n entenng into such
subcontracts, Department ~s in no way hable to Reclp~ent's subcontractor(s) In no event shall
any prowsion of th~s paragraph, specifically the requirement that Recipient obtain Department's
pnor written approval of a subcontract, be construed as rehewng Recipient of the respons~b~hty
for ensuring that the performances rendered under all subcontracts are rendered so as to
comply w~th all of the terms of this contract, as ~f such performances were rendered by
Recipient Department's approval under this paragraph does not constitute adoption,
ratification, or acceptance of Rec~plent's or subcontractor's performance hereunder and
Department maintains the right to ~nslst upon Rec~p~ent's full comphance with the terms of th~s
contract
SECTION 23 POLITICAL ACTIVITY AND LOBBYING
A None of the funds prowded under th~s contract shall be used for ~nfluencmg the outcome of any
electron, or the passage or defeat of any legislative measure Th~s proh~bltmn shall not be
construed to prevent any official or employee of Contractor from furnishing to any member of
~ts govermng body upon request, or to any other local or state official or employee or to any
c~t~zen information in the hands of the employee or official not considered under law to be
confidential information Any acbon taken against an employee or official for supplying such
Informat~on shall subJect the person m~t~atlng the action to ~mmedlate dismissal from
employment
B No funds provided under this contract may be used directly or ind~rectly to h~re employees or ~n
any other way fund or support candidates for the legislative, execubve, or judmlal branches of
government of Contractor, the State of Texas, or the government of the Un~ted States
C None of the funds provided under th~s contract shall be expended in payment of the salary for
full-t~me employment of any employee who ~s also the paid lobbyist of any md~wdual, firm,
association, or corporation None of the funds provided by this contract shall be expended in
payment of the part~al salary of a part-time employee who is required to register as a lobbyist
by wrtue of the employee's activities for compensation by or on behalf of ~ndustry, a profession
or assoc~abon related to operatmn of Contractor A part-time employee may serve as a
lobbyist on behalf of industry, a profession, or association so long as such entity ~s not related
Page 9 of 11
Rev 6-01 ESGP
to Contractor Except as authorized by law, no contract funds shall be expended ~n payment of
membership dues to an orgamzaflon on behalf of Contractor or an employee of Contractor ~f
the orgamzat~on pays all or part of the salary of a person required to register under Chapter
305, Government Code
D None of the funds prowded under th~s contract shall be pa~d to any official or employee who
wolates any of the prows~ons of th~s secbon
E If any funds other than federally appropnated funds have been paid or will be pa~d to any
person for influencing or attempting to ~nfluence 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 w~th th~s federal contract, grant, loan, or cooperative agreement,
Recipient shall complete and submit Standard Form-LLL, "D~sclosure Form to Report
Lobbying," In accordance w~th ~ts ~nstruct~ons
SECTION 24. PREVENTION OF FRAUD AND ABUSE
A Recipient shall estabhsh, maintain, and ubhze internal systems and procedures sufficient to
prevent, detect, and correct ~nc~dents of waste, fraud, and abuse ~n the performance of th~s
agreement and to provide for the proper and effective management of all program and fiscal
acbwt~es funded by th~s agreement Rec~p~ent's ~nternal control systems and all transactions
and other s~gnificant events are to be clearly documented and the documentatmn shall be
readily available for momtonng by Department
B Recipient shall g~ve Department complete access to all of ~ts records, employees, and agents
for the purpose of momtor~ng or lnvesflgabng the performance of th~s agreement Recipient
shall fully cooperate w~th Department's efforts to detect, mvesbgate, and prevent waste, fraud,
and abuse
C Recipient may not dlscnm~nate against any employee or other person who reports a wolatlon of
the terms of th~s agreement or of any law or regulabon to Department or to any appropriate law
enforcement authonty, ~f the report ~s made ~n good faith
SECTION 26 MAINTENANCE OF EFFORT
Funds prowded to Recipient under th~s agreement may not be substituted for funds or resources
from any other source nor m any way serve to reduce the funds or resources which would have
been available to or provided through Recipient had thru agreement never been executed
SECTION 26 NO WAIVER
No right or remedy given to Department by th~s contract shall preclude the existence of any other
nght or remedy, nor shall any action taken m the exercise of any nght or remedy be deemed a
waiver of any other nght or remedy The failure of Department to exercise any nght or remedy on
any occasion shall not constitute a waiver of Department's r~ght to exercise that or any other nght or
remedy at a later brae
SECTION 27 SEVERABILITY
If any port~on of th~s agreement ~s held to be ~nvahd by a court of competent jurisdiction, the
remainder of ~t shall remain vahd and binding
Page 10 of 11
Rev 6-01 ESGP
SECTION 28. PRIOR ORAL AND WRITTEN AGREEMENTS
All oral and, written agreements between the parbes to thru contract relabng to the subject matter of
thru agreement that were made prior to the execubon of thru agreement have been reduced to
wntlng and are contained herein
SECTION 29 EXHIBITS
The exhibits ~denbfied below are hereby made a part of th~s agreement
1 Exhibit A, Budget
2 Exh;b;t B, Match
3 Exhibit C, Apphcable Laws and Regulations
SIGNED this day of ,2001
CITY OF DENTON TEXAS DEPARTMENT OF HOUSING
AND COMMUNITY AFFAIRS
M~c'h~el A(,/Conduff Damy A Sbner
C~ty Manager Executive D~rector
Th~s agreement ~s not effective unless mgned by the Executive D~rector of Department or her
authorized demgnee
ATTEST
~ENNIFER WALTERS, CITY SECRETARY
^~?R~E~ AS T~ LEGAL ~
~ER~ERT L ?R~TY~ C~TY ~TT~EY
Page11 ofll
Rev6-01ESGP
EXHIBIT A - BUDGET
CONTRACTOR' City of Denton CONTRACT # 421117
CONTRACT PERIOD. 910112001 -813112002 or,glnal ~-~ amendment#r'~
Acbwty Total Funds
Category Descript, on of Act,wties by Category
Contract Funds $$5,120
STATE ADMINISTRATION (cities and counbes only) $2,120
A RENOVATIONS
B ESSENTIAL SERVICES 18,337
Salaries $13,517
_HO_P~, I._n~c $_2,2___4.0_ ..........................
TAP Case Manager
...._F .a_m fl Y_ S_ e_ _rv~ c__e_s ~C~ _o_rd_ Ln. at_o_r
O.t.h~e_r~_. _~4_,_8._20
.S a__l.v_a_t [o_ n_ .A r .re.y_
Client transportation
_V_ a_nffnaln_ten _a_n_c_e a_n._d_re.p, alr_s_ _ _
C MAINTENANCE, OPERATIONS, AND FURNISHINGS 7,900
..O_ _p~ra~t,_o_ns Adm,n,.st_r.atJp_n___$$,_5~0_ ~(~not. more than 1_0°/o/grant)~
Salvabon Army
HelpNet
La~.t_op c__o.mp_ut_e.r _w~th__c.e.l.l_u. la_r_m_ o_d_e?
D HOMELESSNESS PREVENTION 26,763
_Hp_P_E. I_n_c__ ........_
Rent subsidies
TOTAL $$$,120
EXHIBIT B
MATCH FUNDS
CONTRACTOR City of Denton CONTRACT # 421 t t 7
SOURCE DOLLAR VALUE METHOD OF CALCULATION
(Provide Detail on Match and Calculations)
DONATIONs
Material(s)
Budding
Funds $ 17,300 HelpNET = $2,300
Salvabon Army = 915,000
LEASE or RENT $ 36,000 Denton Co Friends of the Famdy
SALARIES $ 20,850 HOPE, Inc Case M,qr Intake Wrkr
VOLUNTEERS
(@ $5/hour) $ 500 HOPE, Inc
OTHER $ 14,500 HOPE, Inc (FEMA, C~ty of Denton)
OTHER
MATCH TOTAL $ 89.150
EXHIBIT C
APPLICABLE LAWS AND REGULATIONS
Grantee shall comply w~th the Act specified ~n Secbon 3 of th~s agreement, the OMB C~rculars
and regulations specified ~n Secbon 6 of the grant agreement, and w~th all other federal, state,
and local laws and ragulat~ons apphcable to the actlwbes and performances rendered by
Grantee under th~s agreement including but not hm~ted to the laws, and the regulations
promulgated thereunder specified in th~s Exhibit C
NONDISCRIMINATION AND EQUAL OPPORTUNITY
T~tle VI of the C~v~l R~ghts Act of 1964, (42 USC §{ 2000d et seq), 24 CFR Part 1,
"Nond~scnm~nat~on In Federally Assisted Programs of the Department of Housing and Urban
Development - Effectuat~on of T~tle VI of the C~wl Rights Act of 1964",
T~tle VIII of the C~wl Rights Act of 1968, "The Fair Housing Act of 1968" (42 U S C {§ 3601 et
seq ) and ~mplement~ng regulations,
Execubve Order 11063, as amended by Executive Order 12249, and 24 C F R Part 107,
"Nondiscrimination and Equal Opportumty ~n Housing under Executive Order 11063" The
failure or refusal of the Contractor to comply w~th the requirements of Execubve Order 11063 of
24 C F R Part 107 shall be a proper bas~s for the ~mpos~t~on of sanctions specified m 24 C F R
{107 60,
The prohibitions against d~scr~m~naflon on the bas~s of age under the Age Discnm~nahon Act of
1975 (42 U S C {{ 6101 et seq ) and ~mplementlng regulabons at 24 C F R Part 146,
The prohibitions against d~scrim~nat~on against otherwise quahfled ~nd~wduals w~th dlsab~hhes
under Section 504 of the Rehab~htat~on Act of 1973 (29 U S C §794) and ~mplemenbng
regulations at 24 C F R Part 8 For purposes of the Emergency Shelter Grants Program, the
term "dwelhng un~ts" ~n 24 C F R Part 8 shall ~nclude sleeping accommodations,
The affirmative action requirements of Executive Order 11246 and the regulahons ~ssued 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 bus~ness enterpnse ~n connechon w~th activities funded under th~s
contract
II EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U S C §1701u)
Page 1 of 3
III UNIFORM FEDERAL ACCESSIBILITY STANDARDS
For major rehab~htation or conversion, the Umform Federal Access~b~hty Standards at 24 C F R
Part 40, Appendix A
IV LEAD-BASED PAINT
The requ~[ements, as apphcable, of the Lead-Based Paint Po~somng Prevention Act (42 U S C
§§ 4821-4846) and ~mplementlng regulations at 24 C F R Part 35 In addition, Contractor must
also meet the following requirements relating to inspection and abatement of defective lead-
based paint surfaces
(1) Treatment of defective paint surfaces must be performed before final ~nspect~on and
approval of the renovation, rehabilitation, or conversion act~wty 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 dunng any per~od of
debarment, suspension, or placement ~n ~nehg~bll~ty status
VI FLOOD INSURANCE
No s~te proposed on which renovation, major rehab~htabon, or conversion of a building ~s to be
assisted under 24 C F R Part 575, other than by grant amounts allocated to States under
§576 43, may be located ~n an area that has been ~dent~fled by the Federal Emergency
Management Agency (FEMA) as having special flood hazards unless
(1) The commumty m which the area ~s s~tuated ~s participating ~n the Nabonal Flood
Insurance Program and the regulations thereunder (44 C F R Parts 59 through 79) or (.) Less
than a year has passed s~nce FEMA nobficafion regarding such hazards, and
(2) Contractor will ensure that flood insurance on the structure ~s obtained ~n compliance
w~th section 102(a) of the Flood D~saster Protection Act of 1973 (42 U S C §§4001 et seq )
VII COASTAL BARRIERS
In accordance w~th the Coastal Barrmr Resources Act, 16 U S C 3501, no financial assistance
under the Act may be made available with~n the Coastal Bamer Resources System Contractor
shall comply, where applicable, w~th 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))
Page 2 of 3
VIII ENVIRONMENTAL STANDARDS
If Grantee ~s a unit of local government, ~t shall assume the enwronmental respons~b~l~bes
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 ~n their comphance w~th Section 106 of the Nabonal
H~stonc Preservation 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 e_t
seq) by (a) consulting w~th the State Hmtor~c Preservation Officer on the conduct of
~nvest~gat~ons, as necessary, to ~dent~fy properhes hsted ~n or ehg~ble for ~nclus~on ~n the
Nabonal Register of H~storm Places that are subject to adverse effects by act~wtles funded
under this contract and notifying Department and HUD of the existence of any such properties,
and (b) complying w~th all requirements established by HUD to avoid or mlbgate adverse effects
upon such properties
Grantee shall ensure, pursuant to Execubve Order 11783, that the facilities under ~ts ownership,
lease, or supervisions which shall be utilized In the accomphshment of th~s grant agreement are
not listed on the Environmental Protection Agency (EPA) I~st of v~olat~ng facilities and that ~t shall
not~fy Department and HUD of the receipt of any commun~cabon from the D~rector of the EPA
Office of Federal Act~wt~es indicating that a facility to be used in carrying out this agreement ~s
under consideration for hstlng by the EPA
Grantee shall comply w~th the prows~ons of the National Enwronment Pohcy Act of 1969 (P L
91-190) and Executive Order 11514, as amended by Executive Order 11991, which promote
efforts to prevent or ehm~nate damage to the environment and b~osphere and require an
Environmental Impact Statement when plans and programs may affect the quahty of the
enwronment To the extent applicable, Grantee shall comply w~th all of the requirements of
Section 114 of the Clean A~r Act, as amended (42 U S C §1857 et seq ), and Section 308 of the
Federal Water Pollution Control Act (33 U SC §1251 et seq), respectively, relating to
Inspecbon, momtorlng, entry, reports, and ~nformabon, as well as other requirements specified ~n
Section 114 and Section 308 of the A~r Act and the Water Act, respectively, and all regulations
and gu~dehnes ~ssued thereunder
Grantee shall comply w~th the prows~ons of Execubve Order 11296, relating to evaluation of
flood hazards, and Execubve Order 11288, relating to prevenbon, control, and abatement of
water pollution Grantee shall assist Department and HUD ~n their comphance w~th Executive
Order 11988, Flood Plain Management, which requires avoidance, to the extent possible, of the
long and short term ~mpacts associated with the occupancy and modification of floodplains and
avoidance of the d~rect of ~ndlrect support of floodplain development whenever there is a
pracbcable alternative
Page 3 of 3