Res 110-2009 8/18/2009 ., �,
RESOLUTION NO.I1 - �
Resolution Authorizing The City Manager To Execute A
Contract With The NORTEX Regional Planning Commission To
Operate A Homelessness Prevention And Rapid Re-Housing
Program With Funds Received Pursuant To A Grant From The
United States Department Of Housing And Urban Development
In The Amount Of $583,425.
WHEREAS, the City of Wichita Falls, through grant contract S-09-MY-48-
0014, has been awarded funding for homeless prevention, counseling, and
services, and
WHEREAS, this grant project will seek to improve housing, employment,
and educational opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute a contract substantially in the
form of the attached Contract with the NORTEX Regional Planning Commission
for the operation of a Homelessness Prevention and Rapid Re-Housing Program,
with changes to form as approved by the City Attorney. All operations shall be
substantially as described in the grant application and in accordance with the
rules of the granting agency.
PASSED AND APPROVED this the 18 day of August, 2009.
��GG�I.��L��--
MAYOR
ATTEST:
�a
Ci;y Clerk
Contract Between
NORTEX Regional Planning Commission
And
The City of Wichita Falls, Texas
This contract made and entered into this the 15th day of July, 2009 by and between the
City of Wichita Falls, Texas, hereinafter referred to as "City" or "Grantee" and NORTEX
Regional Planning Commission, hereinafter referred to as "Subgrantee".
Whereas, the City has applied for and received approval for a grant award pursuant to the
Homelessness Prevention and Rapid Re-Housing Program (HPRP) as authorized under
Title XII of the American Recovery and Reinvestment Act of 2009; and
Whereas, it has been determined by the Wichita Falls City Council to be in the public
interest to provide financial assistance and services for families and individuals who are
homeless or to prevent homelessness to individuals and families at 50% or less of the
area medium income (AMI) level, and has identified the need for such services in the
Substantial Amendment to the Consolidated Plan for the above referenced grant award;
and
Whereas, the City desires to Contract with the Subgrantee to provide financial assistance
and services to prevent individuals and families from becoming homeless and help those
who are experiencing homelessness to be quickly re-housed and stabilized to NORTEX
Regional Planning Commission at 4309 Jacksboro Highway, Wichita Falls, Texas.
WITNESSETH:
For and in consideration of the mutual covenants herein contained, the parties do hereby
agree as follows:
l. Scope of Services. The Subgrantee agrees to perform the following in a
satisfactory and proper manner as determined by the City:
a. Provision of financial assistance and services primarily at and through the
NORTEX Regional Planning Commission Office located 4309 Jacksboro
Highway for a goal of serving an unduplicated number of eligible
individuals and families, through the extent of the funding amount, from
low-and-moderate income families whose income is at 50% or less of the
AMI levels.
b. The financial assistance and services provided by the Subgrantee and
invoiced for services to the City shall exclusively benefit individuals and
families from becoming homeless or those who are experiencing
homelessness living within the city limits of Wichita Falls, whose gross
annual household income does not exceed the income eligibility
requirements established by the U.S. Department of Housing and Urban
Development (HUD) in effect at the time of application.
c. Maintain client confidentiality as stipulated by HUD.
d. Client Eligibility: There are two populations of persons facing housing
instability that are eligible to receive funding under the HPRP:
1) Individuals and families who are currently in housing but are at
risk of becoming homeless and need temporary rent or utility
assistance to prevent them from becoming homeless or
assistance to move to another unit (prevention), and
2) Individuals and families who are experiencing homelessness
(residing in emergency or transitional shelters or on the street)
and need temporary assistance in order to obtain housing and
retain it (rapid re-housing)
The eligibility criteria for all program participants are as follows:
Homeless individuals and families, and individuals and families at risk of
becoming homeless, must meet the following three criteria in order to
receive HPRP financial assistance or services:
1) Household must be at or below 50 percent of Area Medium
Income (AMI) as determined by HUD's income limits in effect
at the time of application.
2) Household must meet both of the following circumstances:
a. No appropriate subsequent housing options have been
identified; AND
b. The household lacks the financial resources and support
networks needed to obtain immediate housing or
remain in its existing housing.
3) Any individual or family receiving rental assistance must have
at least an initial consultation with a case manager to determine
need.
Rapid Re-Housing Assistance is available for persons who are homeless
according to HUD's definition as stated in the HPRP regulations.
Individuals and families who meet one of the following criteria along with
the minimum requirements established above are eligible under the rapid
re-housing portion of the HPRP:
1) Sleeping in an emergency shelter;
2) Sleeping in a place not meant for human habitation, such as
cars, parks, abandoned buildings, streets/sidewalks;
3) Staying in a hospital or other institution for up to 180 days but
was sleeping in an emergency shelter or other place not meant
for human habitation immediately prior to entry into the
hospital or institution;
4) Graduating from, or timing out of a transitional housing
program; and
5) Victims of domestic violence
The subgrantee will certify eligibility at least once every 3 months for all
program participants receiving medium-term rental assistance.
e. Eligible Categories of Activities under the HPRP: (Refer to HPRP Notice for
more detail)
1) Financial assistance: Limited to the following activities: short-
term rental assistance (may not exceed rental costs accrued
over a period of 3 months); medium term rental assistance
(may not exceed actual rental costs accrued over a period of 4
to 18 months), security deposits, utility deposits, utility
payments (heat, electricity, water, sewer, and garbage
collection), moving cost assistance, and motel and hotel
vouchers.
2) Housing Relocation and Stabilization Services: Case
management, outreach and engagement, housing search and
placement, legal services, and credit repair.
- 3) Data Collection and Evaluation: Costs related to data collection
on HPRP clients in HMIS, costs associated with participating
in HUD's evaluation of HPRP
4) Administrative Costs: No more than 5 percent of the total
HPRP grant may be spent on administrative cost
£ Ineligible Categories of Activities under the HPRP: (Refer to HPRP Notice
for more detail)
1) Financial assistance or services to pay for expenses that are
available through other Recovery Act programs, including
child care and employment training
2) Mortgage Costs
3) Other Ineligible and Prohibited Activities include: credit card
bills or other consumer debt, car repair or other transportation,
travel costs, food, medical or dental care and medicines,
clothing, grooming, home furnishings, pet care, entertainment
activities, work or education related materials, and cash
assistance to program participants.
4) While training for case managers and program administrators is
an eligible administrative cost as long as it is directly related to
HPRP program operations, HPRP funds may not be used to
pay for certifications, licenses, and general training classes.
g. Repayment: If funds are found to be expended for ineligible activities as
determined by HUD, the subgrantee will be required to reimburse the City
of Wichita Falls from non-federal funds for any such ineligible expense.
h. Habitability Standards: When providing rental assistance with HPRP
funds, the Subgrantee will be required to conduct initial and any
appropriate follow-up inspections of housing units into which a program
participant will be moving. Units should be inspected on an annual basis
and upon a change of tenancy. The minimum habitability standards are
listed in Appendix C Habitability Standards for HPRP (Docket No. FR-
5307-N-01). The Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
4801 et seq.), as amended by the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. et seq.) and implementing regulations at
24 CFR part 35, subparts A, B, M, and R shall apply to housing occupied
by HPRP families and individuals.
i. Outreach/Collaboration with Local Agencies that can serve similar
population: Once the subgrantee agreement has been signed between the
City and the Subgrantee, a meeting inviting local agencies that serve
individuals and families who are at risk of becoming homeless or those
who are experiencing homelessness will be put together to ensure each
agency is aware of services being provided by other local agencies. The
Subgrantee will establish interagency agreements with members of the
Homeward Bound Homeless Coalition in addition to other faith based and
social service agencies who are not members to coordinate services to
clients and avoid duplication of services. A copy of such agreements will
be provided to the City.
j. Marketing Materials will be developed and distributed to local agencies,
churches, and local governments describing the assistance available for
qualified clients thru the HPRP.
k. Homeless Management Information System (HMIS): The Subgrantee will
comply with HUD's standards for participation in a local Homeless
Management Information System and the collection and reporting of
client-level information.
1. Termination of Housing Assistance: The Subgrantee may terminate
assistance to a program participant who violates program requirements.
Subgrantee may resume assistance to program participant whose
assistance was previously terminated. In terminating assistance to program
participant, the subgrantee must provide a formal process that recognizes
the rights of individuals receiving assistance due process of law. This
process, at a minimum, must consist of:
1) Written notice to the program participant containing a clear
statement of the reasons for termination;
2) A review of the decision, in which the program participant is
given the opportunity to present written or oral objections
before a person other than the person (or a subordinate of that
person) who made or approved the termination decision and
3) Prompt written notice of the final decision to the program
participant.
m. Maintain operational and fiscal records as specified by HUD.
2. Term of Contract. The term of this agreement shall be for the period beginning
July 15, 2009 and ending July 15, 2012, subject to satisfactory performance by the
Subgrantee as outlined herein.
3. Compensation. The City agrees to pay to the Subgrantee a maximum amount of
Five Hundred Eighty Three Thousand Four Hundred Twenty Four pollars
($583,424), which shall constitute full compensation for the Subgrantee's actual
services and expenses incurred in the performance of services described under
this contract.
4. Method of Payment. Payments will be made by the City to the Subgrantee based
upon the Subgrantee's invoice reflecting actual periodic costs for financial
assistance and services provided for eligible clients. Such semi-monthly invoices
shall be submitted in a format prescribed by the City. Once the Neighborhood
Resources and Finance Departments have reviewed and approved the invoices, a
reimbursement will be made to Nortex Regional Planning Commission.
5. Grant Expenditure Requirements: At least 60 percent of the HPRP funds shall be
drawn within the first 2 years of the date that funds become available to the City
for obligation, July 15, 2011, and 100 percent of the funds by the end of the 3ra
year, July 15, 2012. Any Subgrantee failing to meet the statutory requirement to
expend at least 60 percent of the grant amount within 2 years of the date of
obligation, will be notified by August 1, 2011 and given 21 days to submit
information to HUD regarding additional eligible expenses for HPRP activities
accrued within the 2 year period in order to bring the Subgrantee into compliance
with the 60 percent requirement.
6. Bu� In performing the services called for under the provisions of this
contract, the Subgrantee shall conform their expenditures to the approved HPRP
budget. Said budget and any account, set out herein can be altered, amended or
modified as mutually agreeable between the two parties hereto so that the full
intent and purpose of this contract can be carried out. Upon request of the
Subgrantee, line item changes may be made in the budget referred to herein
without further City Council action if approved by the City Manager; provided,
however, no such change may alter the intent of purpose of this contract without
further approval by the City Council of the City. In no event shall the City be
required to pay more than Five hundred eighty-three thousand four hundred
twenty four dollars ($583,424) to the Subgrantee under the terms of this contract.
The Subgrantee's Budget for provision of financial assistance and services is:
NORTEX Regional Planning Commission
Total l Year 2" Year 3 Year
Project Project Project Project
Costs Costs Costs Costs
Salarv Costs:
�
Director of Housing Services $108,171 �$34,996 $36,046 $37,128
Housing Services Coordinator $80,595 ; $26,075 $26,857 $27,663
Receptionist/Switch Board $1,969 i $637 $656 $676
�
Total Salary Costs: $190,735 ; $61,708 $63,560 $65,466
�
Fringe Benefits @ 47.71% $90,999 � $29,441 $30,324 $31,234
�
Total Personnel Costs: $281,734 � $91,149 $93,884 $96,700
Expenses: ;
�
Indirect Costs @ 9.16% $25,807 ; $8,349 $8,600 $8,858
Accounting Services - � - - -
Audit Costs $450 ; $150 $150 $150
Staff Travel $10,500 '•. $3,500 $3,500 $3,500
Telephone, Outreach $4,200 ; $1,400 $1,400 $1,400
Postage, Freight $1,650 ; $550 $550 $550
Printing, Publications $3,000 � $1,000 $1,000 $1,000
Office Rental $7,800 ; $2,600 $2,600 $2,600
Office Supplies $6,500 � $2,500 $2,000 $2,000
Office Equipment $6,822 ; $4,822 $1,000 $1,000
�
Financial Assistance Services: �
Short-term Rental $73,737 � $27,912 $27,912 $17,913
Assistance �
Medium-term Rental $60,000 ; $25,000 $25,000 $10,000
Assistance i
Security Deposits $20,000 ; $7,500 $7,500 $5,000
Utility Deposits $20,000 ; $7,500 $7,500 $5,000
Moving Cost Assistance $10,500 ; $4,000 $4,000 $2,500
Hotel/Motel Vouchers $10,500 � $4,000 $4,000 $2,500
HMIS Client Tracking System $14,724 ; $10,375 $2,175 $2,175
;
Subcontracts: ;
Support Services - Credit $10,500 � $4,000 $4,000 $2,500
Counseling ;
Support Services - Legal $15,000 � $6,000 $6,000 $3,000
Services �
�
Total Expenses: ;
�
Total Project Expenditure: 424 ��2� 2 2 771 ��
7. Sub�rantee's Contribution. In the event that the total sum to be paid by the City to
the Subgrantee under the terms of this agreement is not sufficient for the
Subgrantee to continue performance of his obligations hereunder until termination
date hereof, the Subgrantee shall contribute sufficient funds for continued
performance to fulfill terms of the contract.
8. Refund. At the termination date hereof, the Subgrantee shall pay to the City any
sums paid to the Subgrantee by the City which have not been expended or
committed as budgeted. 60 percent of grant funds shall be expended within the
first 2 years (July 15, 2011) and 100 percent expended within 3 years (July 15,
2012). Funds will be recaptured by HUD and reallocated if not spent.
9. Financial Re�orts & Other Reportin� Requirements. A budget report, to contain
such reasonable financial information and data required by HUD and as the City
deems necessary, shall be submitted to the City by the Subgrantee at least
monthly.
Initial Performance Report, which will serve as the first Quarterly Performance
Report, is due to HUD October 10, 2009. The Subrecipient will have all necessary
documents as specified by the HPRP statute and HUD regulations to
Neighborhood Resources by October 5, 2009. The report will include but is not
limited to the following items: the total amount of Recovery Act Funds received
from the City; the subgrantees and total amounts awarded to each; the amounts of
HPRP funds allocated for the four eligible HPRP activities (Financial Assistance,
Services, Data Collection and Evaluation, and Administrative Costs); the amount
expended for each of the above categories; the estimated number of unduplicated
individuals and families served; and the estimated number of new jobs created
and j obs retained.
Quarterly Performance Reports are due to the City 5 business days after the end of
each quarter. The Subrecipient will have all necessary documents to
Neighborhood Resources. Subgrantees will report on many of the same items as
the Initial Performance Report including HPRP funds expended by activity type,
the number of unduplicated individuals and families served, the number of new
jobs created, the number of jobs retained, challenges to effective program
operation, other data items, and current quarter and cumulative data.
Annual Performance Reports are due to the City 30 days after the end of each
federal fiscal year. The Subrecipient will have all necessary documents to
Neighborhood Resources. Subgrantees will report on outputs, such as the number
of persons served and the demographic characteristics of persons served, HPRP
funds expended by activity type, and the number of jobs created and retained, as
well as outcomes related to housing stability, to be specified by HUD.
9. Future Fundin�. The funding of this project in no way commits the City to future
funding of this program beyond the current contract period. Any future funding is
solely the responsibility of the Subgrantee. The Subgrantee understands and
agrees that the assistance made available under this agreement is contingent upon
the actual receipt of adequate federal funds to meet the City's liabilities under this
contract. It is expressly understood that this agreement in no way obligates the
General Fund or any other monies or credit of the City of Wichita Falls.
10. Termination of the Contract. This agreement shall continue in full force and
effect until the expiration of the term set forth above. If either party fails to fulfill
their obligations under this contract in a timely and proper manner, the other party
shall have the right to terminate this contract for cause. Written notice stating the
grounds for termination will be given the other party, not less than thirty (30) days
prior to the effective date of such termination. This contract shall at all times be
subject to any corrective actions taken, or directives issued by HUD in relation to
the City's HPRP Program. The Subgrantee shall comply with any and all such
communications received by the City from HUD, including elimination of this
contract, as if such communication were made a part hereof.
If either party to the contract should desire to terminate the contract prior to the
date of expiration, they may do so by giving written notice to the other party not
less than sixty (60) days prior to the intended termination date.
The Subgrantee shall be entitled to receive just and equitable compensation from
the City for any eligible expense or services completed prior to the termination.
The Subgrantee will refund any unearned funds advanced by or received from the
City. Notwithstanding the above, the Subgrantee shall not be relieved of liability
to the City for damages sustained by the City by virtue of any breach of the
Subgrantee. The City may withhold any payments due the Subgrantee for the
purposes of setoff until such time as the exact amount of damages due the City
from the Subgrantee are determined.
11. Chan� This City may, from time to time, request changes in the Scope of
Services of the Subgrantee as may be mutually agreed to be performed hereunder.
Such changes, including any increase or decrease in the amount of the
Subgrantee's compensation, which are mutually agreed upon by and between the
City and the Subgrantee, shall be incorporated in written amendments to the
contract.
12. Assi n�� The Subgrantee shall not assign any interest in this contract, and
shall not transfer any interest in the same (whether by assignment or novation)
without the prior written consent of the City; provided, however, that claims for
money due or to become due to the Subgrantee from the City under this contract
may be assigned to a bank, trust company, or other financial institution without
such approval. Notice of any such assignment or transfer shall be furnished
promptly to the City.
13. Records.
a. Establishment and Maintenance of Records. The Subgrantee shall
maintain, prepare and disseminate records and reports as required by the
Neighborhood Resources Division and HUD. Subgrantee shall maintain
documentation of client income and eligibility in accordance with HUD
guidelines. Except as otherwise authorized by the City, the Subgrantee
shall retain such records for a period of four years after receipt of the final
payment under this contract or termination of this contract.
b. Documentation of Cost. All costs shall be supported by properly executed
payrolls, time records, invoices, contracts, vouchers, orders, and/or any
other accounting documents. Any of the above related in whole or in part
to this contract shall be clearly identified and readily accessible to the City
and HUD.
c. Reports and Information. The Subgrantee shall submit on a monthly
basis, an enrollment report listing each person receiving assistance through
the HPRP assistance indicating the person's name, address, ethnic group,
age, sex, monthly gross family income, percentage of inedian income,
household size, disability status and type(s) of service provided. A
Program Performance Report shall also be submitted reflecting all eligible
activities broken down by category, the number of clients receiving help,
and any other data required by HUD.
The Subgrantee is required to keep all documentation for clients at their
office for a 5 year period of time. The City will review these documents
during a quarterly monitoring of the program.
HMIS data will adhere to HUD's guidelines and requirements.
The Subgrantee at such time and in such forms as the City may require,
shall furnish to the City such statements, records, reports, data, and
information as the City may request pertaining to matters covered by this
contract. All of the reports, information, data and other related materials,
prepared or assembled by the Subgrantee under this contract are
confidential and shall not be made available to anyone without the prior
written approval of the City. Information restricted by law or Subgrantee
policy and relating to personal, medical and financial data will be treated
as confidential and will not be released by the City except as may be
required pursuant to Texas Government Code Chapter 552 and any
amendments thereto.
d. Audits and Inspections. The Subgrantee shall at any time during normal
business hours and as often as the City may deem necessary, make
available to the City for examination all of its records and data with
respect to all matters covered by this contract and shall permit the City or
its designated authorized representative to audit and inspect all invoices,
materials, payrolls, records of personnel conditions of employment and
other data relating to all matters covered by this contract. The Subgrantee
shall submit an audit report which is in compliance with the provisions of
the Single Audit Act of 1984, as amended, and OMB Circular No 133.
The audit shall be prepared by an independent Certified Public Accountant
and shall include as supplemental information statements of compliance
and internal control with respect to federal financial assistance provided to
the Subgrantee by the City. The audit report shall be submitted no later
than 180 days following the end of the federal fiscal year. If the
Subgrantee expends less than $500,000 in federal funds in a given fiscal
year, the Subgrantee is not required to submit an audit; however, the
Subgrantee shall submit year-end financial reports and asset/liability
reports.
e. Accountin�. The Subgrantee shall establish and maintain on a current
basis an adequate accounting system on an accrual or other accounting
basis in accordance with generally accepted accounting principles and
standards. The Subgrantee will also have systems and internal controls in
place to track and record recovery funds expenditure separately as
required in Section 1512 of the Recovery Act.
14. Limitation on Compensation for Personal Services. Compensation for personal
services includes, but is not limited to, wages, salaries, and supplementary
compensation and benefits. Compensation for employees of the Subgrantee shall
be reasonable and be comparable to that paid for similar work paid by the City.
In cases where the kinds of personal services provided have no counterpart in
local governmental agencies, compensation shall not exceed that paid for similar
work in the labor market in which the Subgrantee competes for the kinds of
personal services involved or the compensation level established by the
Subgrantee's primary funding source.
15. Compliance with Local Laws. The Subgrantee shall comply with applicable laws,
ordinances, and codes of the State and local governments and the Subgrantee shall
save and hold harmless the City with respect to damages arising from any tort
committed in performing any of the work embraced by this contract.
16. Compliance with Federal Laws. It is expressly understood by the Subgrantee that
this assistance is made available as part of Homelessness and Rapid Re-housing
Program, and as such, the activities undertaken must comply with all of the rules
and regulations established by said program, including those assurances and
conditions which are incorporated as Part II of this contract and hereby adopted
for all purposes. Subgrantee agrees that the services provided by the Subgrantee
under this agreement shall be devoted only to assist eligible low and moderate
income households.
17. Political Activity Prohibited. None of the funds, materials, property or services
provided directly or indirectly under this contract shall be used in the performance
of this contract for any partisan political activity.
18. Lobbyin�prohibited. None of the funds provided under this contract shall be
used for publicity or propaganda purposes designed to support or defeat
legislation pending before any governmental entity.
19. Nondiscrimination and Equal Emplovment Opportunitv. During the performance
of this contract, the Subgrantee agrees as follow:
a. The Subgrantee will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Subgrantee will take affirmative action to insure that applicants are
employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: Employment,
upgrading, demotion or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay or other terms of compensation; and
selection for training, including apprenticeship. The Subgrantee agrees to
post in conspicuous places available to all employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination
clause.
b. The Subgrantee will, in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee, state that all qualified
applications will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
c. The Subgrantee shall keep such records and submit such reports
concerning the racial and ethnic origin of its employees as the City may
require.
d. The Subgrantee must make known that HPRP rental assistance and
services are available to all on a nondiscriminatory basis and ensure that
all citizens have equal access to information about HPRP and equal
financial assistance and services provided under this program. Among
other things, this means that reasonable steps will be taken to ensure
meaningful access to programs to persons with limited English proficiency
(LEP), pursuant to Title VI of the Civil Rights Act of 1964.
20. Personnel.
a. The Subgrantee represents that he has, or will, secure all personnel
required to perform the services under this contract. Such personnel shall
not be employees of or have any contractual relationship with the City.
b. All of the services, required hereunder, will be performed by the
Subgrantee or under its supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized under State and local laws
to perform such services.
c. The Subgrantee shall assign the following as key personnel to the HPRP
Program:
Staff Member Title General Program Duties
Director of Housing Develop working relationships with private
Services sector building manager, non-profit affordable
housing providers, responsible for inspections
prior to move-in and follow-up at least
annually, case management, coordinating
services for homeless individuals and families,
reporting information as set forth in contract
Housing Services Case management, coordinating services for
Coordinator homeless individuals and families, establishing
a network of service for client
Any changes in key personnel or their general responsibilities under this
project are subject to prior approval of the City. The Subgrantee will
develop program guidelines as a hands-on guide for program delivery
staff.
21. Rene�otiation. This contract may be renegotiated at the request of either party in
the event alternate sources of funding become available during the term of the
contractual agreement. The Subgrantee must notify the City of all occurrences
where alternate funding becomes available.
22. Retention: The subrecipient shall retain all financial records, supporting
documentation, statistical records, and all other records pertaining to the
Agreement for a period of 5 years. The retention period begins on the date of the
submission of the Grantee's final report to HUD in which the activities assisted
under the Agreement are reported on for the final time. Notwithstanding the
above, if there are audits, claims, or other actions that involve any of the records
citied and that have started before the expiration of the 5 year period, then such
records must be retained until completion of the actions and resolutions of all
issues, or the expiration of the 5 year period, whichever occurs later.
23. Confidentialitv: The confidentiality of records pertaining to any individual
provided with assistance; and that the address or location of any assisted housing
will not be made public.
24. Drug Free Workplace: The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et
seq.) and HUD's implementing regulations at 24 CFR part 21 apply to HPRP.
25. Compliance with Fair Housin� and Civil Rights Laws: Subgrantee must comply
with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a).
26. Monitorin�: The Subgrantee will be monitored by the City at least quarterly to
ensure program requirements and any subsequent guidance is met. Monitoring
may also be conducted by the local HUD office of Community Planning and
Development, HUD's Office of Special Needs Assistance Programs, HUD's
Office of Inspector General, HUD's Office of Fair Housing and Equal
Opportunity, or any other federal agency to determine whether the Subgrantee
complied with the requirements of this program.
27. Amendments: The City or Subgrantee may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of each
organization, and approved by Wichita Falls City Council. Such amendments
shall not invalidate this Agreement, nor relieve or release the City or Subgrantee
from its obligations under this Agreement.
The City may, in its discretion, amend this Agreement to conform with Federal,
state, or local governmental guidelines, policies and available funding amounts, or
for other reasons. If such amendments results in a change in the funding, the
scope of services, or schedule of activities to be undertaken as part of this
Agreement, such modifications will be incorporated only by written amendment
signed by both the City and the Subgrantee.
This agreement adopted herein by reference, constitutes and expresses the entire
agreement between the parties hereto and shall not be amended or modified except by
written instrument signed by both parties.
This agreement made and entered into the 15th day of July, 2009.
CITY OF WICHITA FALLS,
TEXAS
BY:
Darron
Leiker, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
NORTEX Regional Planning Commission
By:
Executive Director