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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 Rev 6-01 ESGP 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 Rev 6-01 ESGP 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 Rev 6-01 ESGP 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 Rev 6-01 ESGP 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