HomeMy WebLinkAbout24-1587ORDINANCENO. 24-1587
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND DENTON COUNTY MHMR
CENTER TO PROVIDE GENERAL FUND DOLLARS FOR THE LOCAL OUTREACH TO SUICIDE
SURVIVORS (LOSS) PROGRAM IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF
FUNDS IN AN AMOUNT NOT TO EXCEED $28,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Community Services Advisory Committee ("CSAC") of the City of Denton (the
City”) has reviewed the proposal for services of Denton County MHMR Center (the “Agency”) for The
Local Outreach To Suicide Survivors (LOSS) Program and has determined that the Agency performs an
important service for the residents of Denton without regard to race, religion, color, age, or national origin,
and the CSAC recommends the purchase of such services pursuant to the 2024-2025 Grant Service
Agreement between the City and Agency attached hereto as Attachment 1 and incorporated herein for all
purposes (the “Agreement”); and
WHEREAS, funding is contingent on CITY’s adoption of the FY 2024-2025 Operating Budget; and
WHEREAS, the 2023-2027 City of Denton Consolidated Plan includes the services contemplated by
the Agreement; and
WHEREAS, the City has designated the Community Development Division as the division responsible
for the administration of the Agreement and all matters pertaining thereto; and
WHEREAS, the City Council deems it in the public interest to enter into the Agreement in support of
much needed services for Denton residents; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein
by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. Subject to City Council approval of the FY 2024-2025 Operating Budget and
appropriation of funds for The Local Outreach To Suicide Survivors (LOSS) Program, the City Manager
or their designee is authorized to execute the Agreement with Denton County MHMR Center to provide for
The Local Outreach To Suicide Survivors (LOSS) Program.
SECTION 3. The City Manager, or designee, is hereby authorized to expend funds in an amount not
to exceed $28,000.00, in the manner specified in the Agreement, and to take any other actions that may be
necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, to carry
out the City’s rights and obligations under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and approval.
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The motion to approve this ordinance was made by Paul Meltzer and seconded by Brian Beck.
The ordinance was passed and approved by the following vote [ 6 -0 ] :
Aye
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X
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Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2 :
Paul Meltzer. District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 24th day of September, 2024.
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GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Scott Bray. Deputy City Am
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2024-2025 GRANT SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
DENTON COUNTY MHMR CENTER
This 2024-2025 Grant Service Agreement (“Agreement”) is made and entered into by and between the City of
Denton, a Texas municipal corporation, acting by and through its City Manager, hereinafter referred to as “CITY,“
and Denton County MHMR Center, 2519 Scripture Street, Denton, TX 76201 hereinafter referred to as
"RECIPIENT."
WHEREAS, CITY has determined that the RECIPIENT’s proposal for services can provide needed services to the
residents of the City of Denton in accordance with the 2023-2027 City of Denton Consolidated Plan, and desires to
enter into an agreement for such services; and
WHEREAS, funding is contingent on CITY’s adoption of the FY 2024-2025 Operating Budget and appropriation of
funds; and
WHEREAS, CITY has designated the Community Development Division as the division responsible for the
administration of this Agreement and all matters pertaining thereto;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound, to the mutual obligations and
to the performance and accomplishment of the conditions hereinafter described.
1. TERM
This Agreement shall commence on or as of October 1, 2024, and shall terminate on September 30, 2025, unless
sooner terminated in accordance with Section 25 “Termination.”
2. RESPONSIBILITIES
RECIPIENT hereby accepts the responsibility for the performance of all services and activities described in the Scope
of Services attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner
as determined by CITY, in accordance with the terms herein. CITY will consider RECIPIENT’s executive officer to
be RECIPIENT’s representative responsible for the management of all contractual matters pertaining hereto, unless
written notification to the contrary is received from RECIPIENT and approved by CITY.
The CITY’s Director of Community Services will be CITY’s representative responsible for the administration of this
Agreement. Beneficiaries of the activities to be provided hereunder must reside in the City of Denton and
RECIPIENT certifies that the activities carried out with these funds shall meet the objective of benefitting low and
moderate-income persons. RECIPIENT shall provide services to persons whose income is equal to or lower than
80% of the median income of the Dallas standard metropolitan statistical area. To accomplish this, the RECIPIENT
shall use the current applicable income limits published by the U.S. Department of Housing and Urban Development
(“HUD”) for lower-income housing assistance under Section 8 of the United States Housing Act of 1937. Income
eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services
must be provided directly to or on behalf of specific identified eligible clients. Eligibility documentation must be
included in each client’s file and updated at least once during the contract period
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3. REPRESENTATIONS
A. RECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate, and
official motion, resolution, or action passed or taken, to enter into this Agreement.
B. The person or persons signing and executing this Agreement on behalf of RECIPIENT, do hereby warrant and
guarantee that he, she, or they have been fully authorized by RECIPIENT to execute this Agreement on behalf
of RECIPIENT and to validly and legally bind RECIPIENT to all terms, performances, and provisions herein set
forth
C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement
if there is a dispute as to the legal authority of either RECIPIENT or the person signing the Agreement to enter
into this Agreement. RECIPIENT is liable to CITY for any money it has received from CITY for performance
of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons
enumerated in this Section.
RECIPIENT agrees that the funds and resources provided RECIPIENT under the terms of this Agreement will in no
way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services,
or other benefits which would have been available to, or provided through, RECIPIENT had this Agreement not been
executed
4. OBLIGATIONS
In consideration of the services provided by RECIPIENT, CITY agrees to the following terms and conditions:
A. Limit of Liability. CITY will reimburse RECIPIENT for expenses incurred pursuant to and in accordance with
the Budget attached hereto as Exhibit B, and incorporated herein by reference, and the Scope of Services herein
attached as Exhibit A. Notwithstanding any other provision of the Agreement, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the sum of Twenty-Eight Thousand Dollars-
$28,000.00.
B. Measure of Liability. In consideration of full and satisfactory performance of the services and activities
hereunder by RECIPIENT and receipt of a requisition for payment with appropriate documentation of
expenditures, CITY shall make payments to RECIPIENT based on the Budget in Exhibit B, subject to the
limitations and provisions set forth in Exhibit B and in this Section and Section 7 of this Agreement.
(1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon
CITY’s receipt and appropriation of adequate funds to meet CITY’s liabilities under this Agreement. If
adequate funds are not available to make payments under this Agreement, CITY shall notify RECIPIENT in
writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce
the amount of its liability or terminate the Agreement. If funds eligible for use for purposes of this Agreement
are reduced, CITY shall not be liable for further payments due to RECIPIENT under this Agreement.
(2) it is expressly understood that this Agreement in no way obligates the CITY to provide more funds than the
amount shown in subsection A above.
(3) CITY shall not be liable for any cost or portion thereof which:
(a) has been paid or reimbursed, or is subject to payment or reimbursement, from any other source;
(b) was incurred prior to the beginning date or after the ending date specified in Section 1 ;
(c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto;
(d) has not been billed to CITY within 90 calendar days following billing to RECIPIENT, or termination
of the Agreement, whichever date is earlier; or
(e) is not an allowable cost as defined by Section 10 of this Agreement or in the Budget set forth in
Exhibit B
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of
RECIPIENT requiring prior written authorization from CITY, or after CITY has requested that RECIPIENT
furnish data concerning such action prior to proceeding further, unless and until CITY advises RECIPIENT
to proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than RECIPIENT for payment
of any monies or provision of any goods or services.
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(6) Funding not expended within the term of this Agreement will revert to the City of Denton budget for use on
alternative services or projects.
RECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY, the RECIPIENT agrees to
the following terms and conditions:
( 1) Up to Twenty-Eight Thousand Dollars ($28,000.00) may be paid to RECIPIENT by CITY to RECIPIENT
under the terms of this Agreement on a reimbursement basis. RECIPIENT shall be eligible for reimbursement
only for expenditures made in accordance with the Budget, set forth in Exhibit B, to complete those services
described in the Scope of Services in Exhibit A.
(2) RECIPIENT will establish, operate, and maintain an account system for these funds that will allow for a
tracing of hInds and a review of the financial status of the program. The system will be based on generally
accepted accounting principles as recognized by the American Institute of Certified Public Accountants.
(3) RECIPIENT will permit authorized officials of CITY to review its books at any time.
(4) RECIPIENT will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's
Community Development Office along with any amendments, additions, or revisions upon request.
(5) RECIPIENT will not enter into any contracts that would encumber CITY funds for a period that would extend
beyond the term of this Agreement.
(6) RECIPIENT will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or
discrepancies in bills shall be promptly reported to CITY’s Community Development Division for further
direction
(7) RECIPIENT will appoint a representative who will be available to meet with CITY officials when requested.
(8) RECIPIENT will indemnify and hold harmless CITY, its officers, elected and appointed officials, agents,
employees, and contractors from any and all claims and suits arising out of the services or activities of
RECIPIENT, its employees, and/or contractors.
(9) RECIPIENT will submit to CITY copies of year-end audited financial statements.
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5. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
RECIPIENT assures and certifies that it will comply with all applicable federal laws, laws of the State of Texas,
and ordinances of the City of Denton.
RECIPIENT shall give the CITY, and any of CITY’s authorized representatives, access to and the right to
reproduce all records belonging to or in use by RECIPIENT pertaining to this Agreement. Such access shall
continue as long as RECIPIENT retains the records. RECIPIENT shall maintain such records in an accessible
location
RECIPIENT shall refrain from entering into any subcontract for services without prior approval in writing by
CITY of the qualifications of the subcontractor to perform and meet the standards of this Agreement. All
subcontracts entered into by the RECIPIENT will be subject to the requirements of this Agreement. The
RECIPIENT agrees to be responsible to CITY for the performance of any subcontractor.
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6. PERFORMANCE BY RECIPIENT
RECIPIENT will provide, oversee, administer, and carry out the activities and services set out in the Scope of Services
described in Exhibit A, utilizing the funds in accordance with the budget described in Exhibit B. Both parties agree
and acknowledge that the amount of funds provided hereunder is necessary and sufficient payment for full and
satisfactory performance of the program in accordance with all terms, provisions, and requirements of this
Agreement. No modifications or alterations may be made to the Scope of Services or Budget without the prior written
approval of the CITY’s Director of Community Services.
7. PAYMENTS
A. Payments to RECIPIENT. The CITY shall pay to RECIPIENT a maximum amount of money not to exceed
Twenty-Eight Thousand Dollars - $28,000.00 for services rendered under this Agreement. The CITY will pay
these funds on a reimbursement basis to RECIPIENT within twenty-one days after CITY has received supporting
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documentation of eligible expenditures. Documentation of expenditures must be submitted to the Community
Development Division by the dates required by Community Development. RECIPIENT’S failure to provide the
information on a timely basis may jeopardize present or future funding.
Funds are to be used for the sole purpose of providing the services described in the Scope of Services in Exhibit
A and based on the Budget in Exhibit B.
RECIPIENT’s reimbursement request for any one-month period will not exceed one-fourth ( 1/4) of any budgeted
line items for costs as specified in Exhibit B without prior written authorization from the CITY.
If, in CITY’s sole judgment, RECIPIENT’s reimbursement request for any period does not provide sufficient
documentation of allowable expenditures or if CITY requests inspection or verification of claimed expenditures
after receipt of a reimbursement request, CITY may withhold reimbursement for those expenditures for an
amount of time deemed reasonable by CITY pending such inspection, verification, or receipt of documentation.
Excess Payment. RECIPIENT shall refund to CITY within ten working days of CITY’s request, any sum of
money which has been paid by CITY, and which CITY at any time thereafter determines:
(1) has resulted in overpayment to RECIPIENT; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Disallowed Costs. Upon termination of this Agreement, should any expense or charge for which payment has
been made be subsequently disallowed or disapproved by CITY as a result of any auditing or monitoring by
CITY, RECIPIENT will refund such amount to CITY within ten working days of a written notice to RECIPIENT,
which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds
received from or through CITY.
Reversion of Assets.
( 1) RECIPIENT, upon expiration of this Agreement shall transfer to the CITY any funds on hand at the time of
expiration and any accounts receivable attributable to the use of funds.
(2) The reversion of these financial assets shall be in addition to any other remedy available to CITY either at
law or in equity for breach of this Agreement.
Obligation of Funds.
(1) in the event that actual expenditure rates deviate from RECIPIENT’s provision of a corresponding
level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or
recapture any such under expended funds.
(2) if CITY finds that RECIPIENT is unwilling and/or unable to comply with any of the terms of this
Agreement, CITY may require a refund of any and all money expended pursuant to this Agreement
by RECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within
ten working days of a written notice to RECIPIENT to revert these financial assets.
Contract Close Out. RECIPIENT shall submit a final expenditure report, for the time period covered by the
last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close
of the Agreement period.
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8. ALLOWABLE COSTS
Costs shall be considered allowable only if incurred directly and specifically in the performance of and in
compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B.
Prior written authorization is required in order for the following to be considered allowable costs:
1 ) Encumbrances or expenditures during any one-month period which exceeds one-fourth (1/4) of the
total Budget for any particular line-item as specified in Exhibit B.
2) CITY shall not be obligated to any third parties, including any subcontractors of RECIPIENT, and
CITY funds shall not be used to pay for any contract service extending beyond the expiration of this
Agreement.
3) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are
conducted.
4) Any alterations, deletions, or additions to the Budget detail incorporated in Exhibit B.
5) Costs or fees for temporary employees or services.
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B
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6) Any fees or payments for consultant services.
7) Fees for attending out of town meetings, seminars, or conferences.
Written requests for prior approval are RECIPIENT’s responsibility and shall be made within sufficient time
to permit a thorough review by CITY. RECIPIENT must obtain written approval by CITY prior to the
commencement of procedures to solicit or purchase services or personal property. Any procurement or
purchase which may be approved under the terms of this Agreement must be conducted in its entirety in
accordance with the provisions of this Agreement.
Expenditures will not be reimbursed to the RECIPIENT for the purchase of real property or equipment.
These are not allowable costs under this Agreement.
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9. PROGRAM INCOME
For purposes of this Agreement, “Program Income” means earnings of RECIPIENT realized from activities
resulting from this Agreement or from RECIPIENT’s management of funding provided or received hereunder.
Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced
from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of
RECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services
rendered by RECIPIENT under this Agreement.
RECIPIENT shall maintain records of the receipt and disposition of Program Income in the same manner as
required for other contract funds and report Program Income to CITY in the format prescribed by CITY. CITY
and RECIPIENT agree that any fees collected for services performed by RECIPIENT shall be used for payment
of costs associated with service provision. Revenue remaining after payment of all program expenses for service
provision shall be considered Program Income and shall be subject to all the requirements of this Agreement.
RECIPIENT shall include this Section in its entirety in all of its sub-contracts which involve other income-
producing services or activities.
It is RECIPIENT’s responsibility to obtain from CITY a prior determination as to whether or not income arising
directly or indirectly from this Agreement, or the performance thereof, constitutes Program Income. RECIPIENT
is responsible to CITY for the repayment of any and all amounts determined by CITY to be Program Income,
unless otherwise approved in writing by CITY.
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10. REPORTS AND INFORMATION
At such times and in such form as CITY may require, RECIPIENT shall furnish such statements, records, data and
information as CITY may request and deem pertinent to matters covered by this Agreement. RECIPIENT shall
submit beneficiary and financial reports to CITY no less than once every three months. The beneficiary report shall
detail client information, including race, ethnicity, income, female head of household and other statistics required by
CITY. The financial report shall include information and data relative to all programmatic and financial reporting as
of the commencement date specified in Section 1 of this Agreement. Unless the CITY has granted a written
exemption, RECIPIENT shall submit an audit conducted by independent examiners in accordance with Generally
Accepted Accounting Principles.
11 MONITORING AND EVALUATION
RECIPIENT agrees to participate in a monitoring and evaluation system whereby the services can be continuously
monitored. CITY shall perform monitoring of the RECIPIENT’s performance under this Agreement.
A. RECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by
RECIPIENT to the Scope of Services, Program Goals, and Objectives in Exhibit A, as well as other provisions
of this Agreement.
B. RECIPIENT agrees to cooperate fully with CITY and provide data determined by CITY to be necessary for CITY
to effectively fulfill its monitoring and evaluation responsibilities.
C. RECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to
designate one of its staff to coordinate the monitoring process as requested by CITY staff.
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D.RECIPIENT agrees to make available upon request its financial records for review by CITY at CITY's discretion.
In addition, RECIPIENT agrees to provide CITY the following data and reports, or copies thereof:
( 1) All external or internal evaluation reports.
(2) Performance/beneficiary reports to be submitted in the schedule published by the CITY’s Community
Development Division. Reports will include such information as requested by the CITY’s Community
Development Division including but not limited to: number of persons or households assisted, race, gender,
disability status, and household income. Beneficiary reports shall be due to CITY within 15 working days
after the completion of the required reporting period. RECIPIENT agrees to submit financial statements no
less than once every three months. Each statement shall include current and year-to-date period accounting
of all revenues, expenditures, outstanding obligations, and beginning and ending balances. Financial reports
shall be due to CITY within 15 working days after the completion of the required reporting period; and
(3) An explanation of any major changes in program services.
To comply with this section, RECIPIENT agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of funds received and the services performed under this Agreement.
RECIPIENT's record system shall contain sufficient documentation to provide in detail full support and
justification for each expenditure. RECIPIENT agrees to retain all books, records, documents, reports, and
written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement
for the period of time and under the conditions specified by the CITY. Nothing in the above subsections shall be
construed to relieve RECIPIENT of responsibility for retaining accurate and current records which clearly reflect
the level and benefit of services provided under this Agreement.
After each official monitoring on-site visit, CITY shall provide RECIPIENT with a written report of monitoring
findings, documenting findings, and concerns that will require a written response to the CITY. An acceptable
response must be received by the CITY within 60 days from the RECIPIENT’s receipt of the monitoring report
or audit review letter. Future payments under this Agreement can be withheld for the RECIPIENT’s failure to
submit a written response within 60 days
RECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the RECIPIENT’s funding
or regulatory bodies to CITY within ten working days of receipt by the RECIPIENT.
SUBRECIPIENT shall refer to Exhibit E for the Monitoring Checklist.
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12. MAINTENANCE OF RECORDS
RECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of
the status of the funds received under this Agreement, in compliance with the provisions of Exhibit A and Exhibit
B, and with any other applicable Federal and State regulations establishing standards for financial management.
RECIPIENT’s record system shall contain sufficient documentation to provide in detail full support and
justification for each expenditure. Nothing in this Section shall be construed to relieve RECIPIENT of fiscal
accountability and liability under any other provision of this Agreement or any applicable law. RECIPIENT shall
include the substance of this provision in all subcontracts.
RECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures pertaining
to the operation of programs and expenditures of funds under this Agreement for five years after the termination
of all activities funded under this Agreement.
Nothing in the above subsections shall be construed to relieve RECIPIENT of responsibility for retaining accurate
and current records which clearly reflect the level and benefit of services provided under this Agreement.
At any reasonable time and as often as CITY may deem necessary, the RECIPIENT shall make available to
CITY, or any of their authorized representatives, all of its records and shall permit CITY, or any of their
authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and all other data
requested by said representatives.
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13. DIRECTORS’ MEETINGS
During the term of this Agreement, RECIPIENT shall cause to be delivered to CITY copies of all notices of meetings
of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely
manner to give adequate notice and shall include an agenda and a brief description of the matters to be discussed.
RECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors’ meetings. Minutes of all meetings of RECIPIENT’s governing body shall be available to CITY within ten
days after Board approval.
14. WARRANTIES
RECIPIENT represents and warrants that:
A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY are complete
and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone
any significant change without written notice to CITY,
Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete,
accurate, and fairly reflect the financial condition of RECIPIENT on the date shown on said report, and the results
of the operation for the period covered by the report, and that since said date, there has been no material change,
adverse or otherwise, in the financial condition of RECIPIENT.
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C. No litigation or legal proceedings are presently pending or threatened against the RECIPIENT.
D. None of the provisions herein contravene or are in conflict with the authority under which RECIPIENT is doing
business or with the provisions of any existing indenture or agreement of RECIPIENT.
E. RECIPIENT has the power to enter into this Agreement and accept payments hereunder and has taken all
necessary action to authorize such acceptance under the terms and conditions of this Agreement.
F. None of the assets of RECIPIENT are subject to any lien or encumbrance of any character, except for current
taxes not delinquent, except as shown in the financial statements and/or other documents furnished by
RECIPIENT to CITy
G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by
the submission of each request for payment.
15. COVENANTS
During the period of time that payment may be made hereunder and so long as any payments remain unliquidated,
RECIPIENT shall not, without the prior written consent of the Director of Community Services or their
authorized representative:
( 1) Mortgage, pledge, or otherwise encumber, or suffer to be encumbered, any of the assets of RECIPIENT now
owned or hereafter acquired by it or permit any pre-existing mortgages, liens, or other encurnbrances to
remain on, or attached to, any assets of RECIPIENT which are allocated to the performance of this Agreement
and with respect to which CITY has ownership hereunder.
(2) Sell, assign, pledge, transfer, or otherwise dispose of accounts receivables, notes, or claims for money due or
to become due.
(3) Sell, convey, or lease all or a substantial part of its assets.
(4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as
guarantor, surety, or accommodation endorser.
(5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to
RECIPIENT by CITY, unless CITY authorizes such transfer in writing.
RECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored
by the Community Development Division.
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16. INSURANCE
A. RECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as
would provide adequate coverage for the services provided pursuant to this Agreement.
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B The premises on and in which the services and activities described in Exhibit A are conducted, and the employees
conducting these services and activities, shall be covered by premise liability insurance, commonly referred to as
“Owner/Tenant” coverage, with CITY named as an additional insured. Upon request of RECIPIENT, CITY
may, at its sole discretion, approve alternate insurance coverage arrangements.
RECIPIENT will comply with applicable workers’ compensation statutes and will obtain employers’ liability
coverage where available and other appropriate liability coverage for program participants, if applicable.
RECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated
by RECIPIENT. All employees of RECIPIENT who are required to drive a vehicle in the normal scope and
course of their employment must possess a valid Texas driver’s license and automobile liability insurance.
Evidence of the employee’s current possession of a valid license and insurance must be maintained on a current
basis in RECIPIENT’s files.
Actual losses not covered by insurance as required by this Section are not allowable or eligible costs under this
Agreement and remain the sole responsibility of RECIPIENT.
The policy or policies of insurance shall contain a clause which requires that CITY and RECIPIENT be notified
in writing of any cancellation or change in the policy at least 30 days prior to such change or cancellation.
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17. CIVIL RIGHTS / EQUAL OPPORTUNITY
RECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or
regulations. The RECIPIENT shall not discriminate against any employee or applicant for employment because
of race, color, creed, religion, national origin, gender, age, or disability. The RECIPIENT will take affirmative
action to ensure that all employment practices are free from such discrimination. Such employment practices
include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
RECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil
Rights Act of 1968 as amended, Section 104(b), Section 109 of Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 1 1063 and Executive Order 1 1246
as amended by Executive Orders 1 1375 and 12086.
RECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books,
records, and accounts for purposes of investigation to ascertain compliance with local, state, and Federal rules
and regulations.
In the event of RECIPIENT’s non-compliance with the non-discrimination requirements, CITY may cancel or
terminate the Agreement in whole or in part in accordance with Sections 24 and 25 and RECIPIENT may be
barred from further contracts with CITY.
A.
B
C.
D.
18. PERSONNEL POLICIES
Personnel policies shall be established by RECIPIENT and shall be available for examination. Such personnel
policies shall :
A. include policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits,
vacation and sick leave privileges, and travel;
B. be in writing; and
C. be approved by the governing body of RECIPIENT.
19. CONFLICT OF INTEREST
RECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or
indirect, which would conflict in any manner or degree with the performance of services required to be performed
under this Agreement. RECIPIENT further covenants that in the performance of this Agreement, no person
having such interest shall be employed or appointed as a member of its governing body.
A
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B.RECIPIENT further covenants that no member of its governing body or its staff, subcontractors, or employees
shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated
by desire for private gain for himself/herself, or others, particularly those with which he/she has family, business,
or other ties
No officer, member, or employee of CITY and no member of its governing body who exercises any function or
responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate
in any decision relating to the Agreement which affects his or her personal interest or the interest in any
corporation, partnership, or association in which he or she has a direct or indirect interest.
C.
20. NEPOTISM
RECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any
person who is currently employed by RECIPIENT or is a member of RECIPIENT's governing board. The term
“member of immediate family” includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt,
uncle, nephew, niece, stepparent, stepchild, half-brother, and half-sister.
21. POLITICAL OR SECTARIAN ACTIVITY
Neither the funds provided pursuant to this Agreement, nor any personnel who may be employed by the
RECIPIENT with funds provided pursuant to this Agreement, shall be in any way or to any extent engaged in
any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code.
The RECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of
the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism
activities.
The RECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement
shall be used for any partisan political activity or to further the election or defeat of any candidate for public
office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation.
Employees of the RECIPIENT connected with any activity that is funded in whole or in part by funds provided
to RECIPIENT under this Agreement may not during the term of this Agreement:
1) use their official position or influence to affect the outcome of an election or nomination;
2) solicit contributions for political purposes; or
3) take an active part in political management or in political campaigns.
SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit D and if
necessary, the Disclosure of Lobbying Activities provided by the CITY.
A.
B.
C.
D.
22. PUBLICITY
Where such action is appropriate, RECIPIENT shall publicize the activities conducted by RECIPIENT under this
Agreement to state that the City of Denton has contributed to make the project possible.
All published material and written reports submitted under this project must be originally developed material
unless otherwise specifically provided in this Agreement. When material not originally developed is included in
a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable
when the material is in a verbatim or extensive paraphrase format.
All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of
basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by
RECIPIENT shall become the property of CITY upon receipt.
A.
B.
C.
23. CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed
by both parties, except when the terms of this Agreement expressly provide that another method shall be used.
RECIPIENT may not make transfers between or among approved line items within budget categories set forth in
Exhibit B without prior written approval of CITY. RECIPIENT shall request, in writing, the budget revision in a
form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY
A.
B
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under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the
program funded under this Agreement.
The City Manager or designee may authorize minor amendments to the approved budget in Exhibit B as necessary
to carry out the intent of this Agreement, in a manner consistent with the efficient use of public funds, and in
accordance with federal law. Such minor amendments may not increase the not to exceed amount set forth in
Exhibit B, extend the term, or otherwise alter the performance obligations of RECIPIENT, without approval of
the City Council.
It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations
pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically
incorporated into this Agreement without written amendment hereto and shall become a part of the Agreement
on the effective date specified by the law or regulation.
CITY may, from time to time during the term of the Agreement, request changes to the Agreement, which may
include an increase or decrease in the amount of RECIPIENT's compensation. Such changes shall be incorporated
in a written amendment hereto, as provided in Subsection A of this Section.
Any alterations, deletions, or additions to the Budget set forth in Exhibit B requested by RECIPIENT shall require
the prior written approval of CITY.
RECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this
Agreement at least 30 calendar days in advance of the change.
RECIPIENT shall notify CITY of any changes in personnel or governing board composition.
It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor
the transfer of funds between or among said programs will be permitted.
C.
D.
E.
F.
G.
H
1
24. SUSPENSION OF FUNDING
Upon determination by CITY of RECIPIENT’s failure to timely and properly perform each of the requirements, time
conditions, and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion,
and upon ten working days written notice to RECIPIENT, withhold further payments to RECIPIENT. Such notice
may be given by mail to the Executive Officer and the Board of Directors of RECIPIENT. The notice shall set forth
the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration
as is appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the
suspension period, if CITY determines the default or deficiency has been satisfied, RECIPIENT may be restored to
full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however,
CITY determines that RECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated.
25. TERMINATION
CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not
specifically enumerated in this Section:
( 1) RECIPIENT’s failure to attain compliance during any prescribed period of suspension as provided in Section
24
(2) RECIPIENT’s failure to materially comply with any of the terms of this Agreement.
(3) RECIPIENT’s violation of covenants, agreements, or guarantees of this Agreement.
(4) Termination or reduction of funding by the CITY.
(5) Finding by CITY that the RECIPIENT:
a. is in such unsatisfactory financial condition as to endanger performance under this Agreement; or
b. has allocated inventory to this Agreement substantially exceeding reasonable requirements; or
c. is delinquent in payment of taxes or of costs of performance of this Agreement in the ordinary course
of business.
(6) Appointment of a trustee, receiver, or liquidator for all or substantial part of RECIPIENT’s property, or
institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against
RECIPIENT.
A
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(7) RECIPIENT’s inability to conform to changes required by Federal, State, and local laws or regulations as
provided in Section 4, and Section 2, of this Agreement.
(8) The commission of an act of bankruptcy.
(9) RECIPIENT’s violation of any law or regulation to which RECIPIENT is bound or shall be bound under the
terms of the Agreement.
CITY shall promptly notify RECIPIENT in writing of the decision to terminate and the effective date of
terrnrnatron.
CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for
convenience, RECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the
effective date of termination, subject to the requirements of Section 7 and Exhibit B. In no event will this
compensation exceed an amount which bears the same ratio to the total compensation as the services actually
performed bears to the total services of RECIPIENT covered by the Agreement, less payments previously made.
RECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of
outside funding occurs upon which RECIPIENT depends for performance hereunder. RECIPIENT may opt,
within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY,
provided the termination by the outside funding source was not occasioned by a breach of contract as defined
herein or as defined in a contract between RECIPIENT and the funding source in question. RECIPIENT may
terminate this Agreement upon the dissolution of RECIPIENT’s organization not occasioned by a breach of this
Agreement.
Upon receipt of notice to terminate, RECIPIENT shall cancel, withdraw, or otherwise terminate any outstanding
orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to
RECIPIENT or RECIPIENT’s contractors, subcontractors or creditors for any expenses, encumbrances, or
obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this
Section
Notwithstanding any exercise by CITY of its right of suspension or termination, RECIPIENT shall not be relieved
of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by RECIPIENT,
and CITY may withhold any reimbursement to RECIPIENT until such time as the exact amount of damages due
to CITY from RECIPIENT is agreed upon or otherwise determined.
B.
C.
D.
E.
F.
26. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit, or other action or proceeding is made or brought by any person(s), firm,
corporation, or other entity against RECIPIENT, RECIPIENT shall give written notice thereof to CITY within five
working days after being notified of such claim, demand, suit, or other action or proceeding. Such notice shall state
the date and hour of notification of any such claim, demand, suit, or other action or proceeding; the names and
addresses of the person(s), firm, corporation or other entity making such claim or demand, or that instituted or
threatened to institute any type of suit, or other action or proceeding; the basis of such claim, demand, suit, or other
action or proceeding; and the name of any person(s) against whom such claim, demand, suit, or other action or
proceeding is being made or threatened. Such written notice shall be delivered either personally or by mail postage
paid in accordance with the provisions of Section 29.1
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27. INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is contracting with RECIPIENT as an
independent contractor and that as such, RECIPIENT shall save and hold CITY, its officers, elected and
appointed officials, agents, employees, and contractors harmless from all liability of any nature or kind, including
costs and expenses for, or on account of, any claims, audit exceptions, demands, suits, or damages of any kind or
character whatsoever resulting in whole or in part from the performance, act or omission of any employee, agent,
contractor, subcontractor, or representative of RECIPIENT.
RECIPIENT agrees to provide the defense for and to indemnify and hold harmless CITY and its officers, elected
and appointed officials, agents, employees, and contractors from any and all claims, suits, causes of action,
demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds
and program administration and implementation except to the extent caused by the willful act or omission of
CITY, its agents, employees, or contractors.
A.
B.
28. NON-RELIGIOUS ACTIVITIES
RECIPIENT is prohibited from discriminating against beneficiaries in providing services or carrying out
activities with such assistance based on religion, a religious belief, a refusal to hold a religious belief, or a refusal
to attend or participate in a religious practice, while also noting that organizations that participate in programs
only funded by indirect CITY or Federal financial assistance need not modify their program or activities to
accommodate beneficiaries who choose to expend the indirect aid on those organizations’ programs.
Faith based organizations that carry out programs or activities with direct financial assistance are required to
provide written notice of certain protections to beneficiaries and prospective beneficiaries. Specifically, such
organizations are required to give notice to beneficiaries that:
( 1) The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a
religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice;
(2) The organization may not require a beneficiary to attend or participate in any explicitly religious activities
that are offered by the organization, and any participation by the beneficiary in such activities must be purely
voluntary;
(3) The organization must separate, in time or location, any privately funded explicitly religious activities from
activities supported by direct Federal financial assistance;
(4) if a beneficiary objects to the religious character of the organization, the organization must undertake
reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has
no such objection; and
(5) A beneficiary or prospective beneficiary may report an organization’s violation of these protections, including
any denials of services or benefits by an organization, by contacting or filing a written complaint to HUD or
the intermediary administering the program, if applicable.
(a) Faith-based organizations must provide this notice to prospective beneficiaries prior to enrollment. In the
event of an emergency or exigent circumstances that make it impracticable to provide the written notice
in advance, prospective beneficiaries may receive the notice at the earliest available opportunity. Current
beneficiaries must receive the notice at the earliest available opportunity.
(b) Faith-based organizations that carry out a program or activity with direct Federal financial assistance are
to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective
beneficiary objects to the religious character of the organization, and to refer the beneficiary or
prospective beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has
no such objection.
A.
B.
29. MISCELLANEOUS
A. RECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any interest therein, or any claim
arising thereunder, to any party or parties, bank, trust company, or other financial institution without the prior
written approval of CITY.
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B.
C.
D.
E.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall
remain in full force and effect and continue to conform to the original intent of both parties hereto.
All reports, documents, studies, charts, schedules, or other appended documentations to any proposal, content of
basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by
RECIPIENT shall become the property of CITY upon receipt.
Debarment: RECIPIENT certifies that it is not listed on the System for Award Management (SAM), which list
the debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549 and 24 CFR Part 24.
In no event shall any payment to RECIPIENT hereunder, or any other act or failure of CITY to insist in any one
or more instances upon the terms and conditions of this Agreement, constitute or be construed in any way to be
a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by
RECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power,
privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or
remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this
provlslon.
This Agreement, together with the referenced EXHIBITS, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this
Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion,
statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate,
recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation
or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, CITY
will have the final authority to render or to secure an interpretation.
If RECIPIENT provides services to the homeless it is required to:
(1) Report homeless data to the Homeless Management Information System (“HMIS”). HMIS is a countywide
data management tool designed to facilitate data collection in order to improve human service delivery
throughout Denton County. Participation in the HMIS is a requirement per this Agreement. Data entered into
HMIS will help our community improve services to individuals experiencing homelessness by providing
accurate information on the extent and nature of homelessness in our community and by accounting for our
success in helping people move out of homelessness. Participation is also critical to help CITY and Denton
County successfully compete for grants for federal funding, such as the U.S. Department of Housing and
Urban Development’s homeless assistance funds.
(2) Participate in the Denton County Homeless Leadership Team meetings and any applicable workgroup(s).
The Denton County Homeless Leadership Team is a collaborative, cross-sector team that convenes to
improve the planning, coordination, oversight, and implementation required to create systems change for
housing/homelessness initiatives in Denton County. Further, the RECIPIENT is encouraged to work in
partnership with fellow service providers to improve efficiency and effectiveness.
For purposes of this Agreement, all official communications and notices among the parties shall be deemed made
if delivered by courier or overnight mail service or if sent U.S. Mail postage paid, in each case to the parties and
addresses set forth below:
F.
G.
H.
I
TO CITY:
City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
TO RECIPIENT:
Denton County MHMR Center
Attn: Executive Director/CEO/Commander
25 19 Scripture Street
Denton, Texas 76201
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w/ a copy to:
City Attorney
City of Denton
215 E. McKinney Street
Denton, TX 76201
J. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation
concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas.
IN WITNESS WHEREOF, this Agreement has been executed as of the
September , 2024.
24 day of
CITY OF DENTON:DENTON COUNTY MHMR CENTER:
SMA tI Holy
1B!I IIrr : kIt:: ? e!!][:1!/)
SARA HENSLEY,
CITY MANAGER TITLE. Executive Director
ATTEST:ATTEST:
9iMMW €Hcku?
LAUREN THODEN,
CITY SECRETARY TITLE: Chair board of trustees
APPROVED AS TO LEGAL FORM:
3)%.--–BY: Scott BraY, DeputY C=Y:Y
MACK RENWAND,
CITY ATTORNEY
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
DocuSigned by:
Signature
Director of Community Services
Title
Community Services
Department
9/13/2024
Date Signed
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Exhibit A
Scope of Services
The Scope of Services under this Agreement shall be as follows:
SECTION I – SERVICE GOAL
RECIPIENT assists the City of Denton to improve the availability and accessibility of services that promote strong,
supportive relationships for families, neighborhoods, and communities and a suitable living environment, as outlined
in the 2023-2027 City of Denton Consolidated Plan for the use of General Funds and supports a coordinated effort to
rnaxlrnlze cornrnunlty resources.
SUBRECIPIENT shall provide: Denton County MHMR Center’s LOSS Team to provide outreach services and
resources for the survivors of suicide. The program will be operated at 2519 Scripture Street, Denton, Texas 76201.
The program will operate 24 hours a day 7 days a week.
SECTION II – OUTCOMES
SUBRECIPIENT shall provide benefits to the citizens of the City of Denton by achieving these outcomes:
Impact Area: Health Care
Common Outcome: Number of people who will access mental health support within 6 months of being
impacted by suicide death.
Total Number of City of Denton Clients Estimated to Achieve Outcome: 3
Impact Area: Community and Social Context
Common Outcome: Number of people who will be provided gun safety equipment at community events.
Total Number of City of Denton Clients Estimated to Achieve Outcome: 60
SECTION III – UNIT OF SERVICE
A unit of service will be the metric by which the CITY and the RECIPIENT can measure services and performance
under this Agreement. The SUBRECIPIENT shall provide at least the total number of units of service required herein
to perform its obligations under this Agreement. A unit of service shall be defined as services provided to an eligible
low to moderate-income person or other presumed benefit category as defined, who is a resident of the City of Denton,
to help them achieve the above outcome(s), in the manner provided below.
Total Number of Unduplicated Clients
RECIPIENT:300 Program: 300
Total Number of Unduplicated Clients City of Denton Only:
RECIPIENT: 24 Program: 24
Service Unit:
Program Budget: $28,000
Unit of Service: Mental Health Outreach Services
Service Units per Year:24
Estimated cost per Client: $1,166.67
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Exhibit B
Budget
RECIPIENT shall provide the services listed in this Agreement within the monetary limits attached hereto and
incorporated by reference herein. In no event shall compensation to the RECIPIENT exceed the lesser of the
RECIPIENT’s costs attributable to the work performed as stated herein, or sum of $28,000.00.
Allowable Expenditure
LOSS Team Coordinator Partial Salary $28,000.00
528,000.ooTotal
RECIPIENT will be reimbursed in accordance with Section 7 of this Agreement for eligible expenditures made in
connection with the Scope of Services described in Exhibit A to this Agreement. RECIPIENT will submit monthly
reimbursement requests as provided in this Exhibit B and in this Agreement. Expenditures are made in connection
with the Scope of Services described in Exhibit A to this Agreement and Cost Allocation Plan.
Reimbursement requests must include (list items/backup required with Request for Payment)
All Agencies:
1. Cost Allocation Plan prior to their first Request for Reimbursement
2. Client List, numbered with unique identifier (at least quarterly)
3. Other documentation may be requested to support any cost allocation reimbursements
For Agencies Seeking Salary reimbursements:
1. Copy ofTimesheet signed by staff member AND supervisor
2. Copy ofPaystub with payroll detail. Payroll register accepted if provided by third party vendor.
3. City of Denton Salary Ledger Sheet
For Agencies seeking cost reimbursement for purchase of Goods or Services:
1. Invoice/Receipt
2. Proof of payment (copy of check with check number or bank statement)
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Exhibit C
U.S. Department of Housing and Urban Development (HUD)
Income Limits
Qualifying Income Limits for Federally Assisted Programs
FY 2024 Income Limits Summary
Dallas, TX HUD Metro FMR Area
Median Household Income: $ 110,300 (Household of 4
Low f80%Very Low (50%)3091, Limits
$61,800.00
$70,600.00
$79,450.00
$88,250.00
$93,350.QO
$102,400.00
$109,450.00
$116,500.00
$38,650.00
544,150.00
$23,200.00
$26,500.00
$29,800.00
$33,100.00
$36,580.00
$41,960.00
$47,340.00
$52.720.00
$49,650.00
$55,150.00
$59,600.00
$64,000.00
$68,400.00
$72,800.00
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Exhibit D
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-ILL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this Certification be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly.
(2)
(3)
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, US Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
DENTON COUNTY MHMR CENTER
Grantee
D;;:8,E„"
Signature
Executive Director
Title
9/14/2024
Date
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DENTON
Monitoring Review Form
Exhibit E
Monitoring Checklist
ITEMS TO MAKE AVAILABLE FOR SITE VISIT
(any that have not already been submiHedf
For current funding year except where indicated.
[] All Project/Case/Client Files with Application, Income Verification, etc.
[] Time Sheets for Staff paid by City funds
[] Budget for PREVIOUS and CURRENT fiscal year include w/Budget -v-Actual.
[] PREVIOUS and CURRENT fiscal year Balance Sheet as reported to agency board.
[] General Ledger/Journals showing YTD Expenses for City Funds
[] Bank Statements with Reconciliations*
[] Procurement Procedures*
*Only in Financial Management Expanded Section Reviews.
Policies and Procedures Guide(s)/Manual(s)
[] Board
[] Financial (Separation of Duties/Internal Controls, Procurement, etc.)
He inel (Equal Opportunity & Non-Discrimination, Nepotism, etc)
FHM;uidelines
Governing Documents
[] 501 (c) tax-exempt status IRS letter
[] Articles of Incorporation with any amendments
[] Bylaws
Reporting Documents w/Service Agreement
F]=;FF;=Audit
[] Cost Allocation Form
[] Agency Update
[] Bond/Liability Insurance
Reporting Documents - Monthly
[] Board Agendas, & Minutes (with Attendance)
[] Monthly Budget report
[] Back-up Documentation Performance/Outcome Measures
-F]–i=;mocumentation for Beneficiary (Clie.t Li,t)
[] Proof of Payroll Tax Payments
Current Revision Date:
Current Revision Date:
Current Revision Date:
Current Revision Date:
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DENTON
Monitoring Review Form
ENTRANCE CONFERENCE OUTLINE
[] Introductions
Monitor 1 :
Monitor 2:
[] Purpose of the Monitoring Review.
To gather information
Focus on performance
Provide information that will be useful for improvement planning and improved performance
To address any issues of non-compliance that arise
Follow up to any other previous Desk, Informal or Formal Monitoring
Why this agency was selected (City looks at a number of factors) :
' Funding Source (Community Development Block Grant vs General Fund)
Risk Analysis Scoring
Substantial agency changes - leadership, budget variances, loss of funding source etc.
[] What to expect during and after the on-site Interview
Interviews with key staff
File review
Program observation
Exit Conference - Preliminary Findings
Final report - Written report of observations and/or findings by critical element
[] Review any Questions and discussion points of any concern or information pertinent to the review
before the process begins.
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DENTON
Monitoring Review Form
EXIT CONFERENCE OUTLINE
We understand your time is valuable but to limit exposure during federal grant audits, The City of Denton
needs to ensure compliance with rules and regulations. The city wishes to thank you for your time and
patience in participating in any review process.
[] Purpose of the Exit Conference.
' To present and discuss the preliminary findings as a result of interviews, file reviews and
observations conducted during the review
, As stated in entrance conference, the purpose of the review is to provide information that will be
useful for improvement planning and improved performance
FINDINGS: Summary of findings by critical element (On-site Monitoring Report Form), including technical
assistance available.
[] As Findings are presented, any questions or comments are welcome.
E] For the review. the critical elements looked at were:
[] Program:
[] Individuals interviewed:
1:
2:
3:
4:
5:
[] Files (Client File Review Form Attachment)
a Documents (Items to Make Available) and others requested during the review:
1:
2:
3:
4:
5:
[] Closing
, Written reports returned:
Docusign Envelope ID: 735C17B9-4EBl-4A5C-9F36-005A16AEA2DC
DENTON
Monitoring Review Form
MONITORING INFORMATION
Review Period
Subrecipient Organization
Project Name
Executive Director:
Review Date
FUNDING INFORMATION
Contract Amount
mo EG;General Fund, CDGB, etc.)
II. PERSONSINTERVIEWED
Name Title Entrance/Exit
[] Entrance [] Exit
[] Entrance [] Exit
[] Entrance [] Exit
[] Entrance [] Exit
[] Entrance [] Exit
111.MONITORING FROM SECTIONS COMPLETED
Section Reviewed
Monitoring Notification
HUD National Objectives
Program Review
Record Keeping/Reporting Practices
Board Policies/Practices
Financial Management Condensed
Financial Management Expanded*
Monitoring Results Report
*Agencies will be notified if Financial Management Expanded section will be completed.
Docusign Envelope ID: 735C17B94EB14A5C-9F36-005A16AEA2DC
DENTON
Monitoring Review Form
ELIGIBLE HUD NATIONAL OBJECTIVE
I. National Objective Compliance
The National Objective of this contract is to benefit low and moderate-income persons. This project
complies with the contract on the following basis and/or activity:
[] L/M Income Area Benefit: The public service is available to all the residents in a particular primarily
residential area, and at least 51 % of those residents are L/M income persons.
[] L/M Limited Clientele: The public service is limited to a specific group of people, at least 51 % of who
are L/M income persons. Services serve a specific clientele, rather than providing service to all the
persons in a geographic area.
II. Limited Clientele Designation
[] Presumed Benefit: exclusively benefit a clientele who are generally presumed by HUD to be principally
LMI persons. Check the applicable designation. (all clients must meet 100%)
[] Abused children [] Homeless persons [] Elderly Persons [] Illiterate adults
[] Severely disabled [] Persons with AIDS [] Battered spouses [] Migrant Farm Workers
[] Income Eligible: require information on family size and income so that it is evident that at least 51
percent of the clientele are LMI.
[] Nature & Location: be of such nature and be in such location that it may be concluded that the
activity's clientele will primarily be low and moderate income persons. ''Must be approved by HUD’' as
meeting the low/mod eligibility under this category.
III. Eligible Activity
LJ Public Service(s): employment services, crime prevention & public safety, child care, health services,
substance abuse services, fair housing counseling, education programs, energy conservation, services
for seniors, services for homeless persons, welfare services (excluding income payments), recreational
services, and etc.
1. Funds may be used to operate the facility in which the public service is located.
2.The service must be new or pass the quantifiable increase test.
3. Certain income payments are eligible if they meet certain criteria.
[] Ineligible Service(s)
1. Political activities;
2.
3.
4.
5
Acquisition, construction, or reconstruction of buildings for conduct of govt.;
Construction of new housing by units of general local government;
Certain income payments; and
Assistance supplants funding for pre-existing activities
Docusign Envelope ID: 735C17B9-4EBl-4A5C-9F36-O05AI 6AEA2DC
DENTON
Monitoring Review Form
PROGRAM REVIEW
I. Back-up documentation supporting the data reported in most recent beneficiary report and
performance report.
• 1: : : : 1:hF:F:=):1it!U 1P S U P 1P 1C) r t t h e IC1 at a reported tO the Community DYes in No
11.Contract Performance Targets (as listed in current contract)
1 - Persons:Units:
III. Review Period Performance (Oct 1 through current report month)
1.Persons:Units:
2' % of Target Persons served:
3' % of Target Units provided:
4' is the subrecipient agency significantly behind in the provision of units?
5' % of Contract Amount reimbursed:
6. Are expenditures proportional to the number of units provided?
7' is the subrecipient agency providing services as described in the Scope
of Services in the Service Agreement?
[] Yes [] No
[] Yes [] No
[] Yes [] No
8. Is the subrecipient agency meeting the outcome measures
described in the Service Agreement?[] Yes [] No
GOVERNING DOCUMENT
I. Has the appropriate legal incorporation and other documents been filed with the federal and state
government?
1 . Certificate of Formation (IRS Determination Letter)[] Yes [] No
2. Articles of Incorporation with all amendments [] Yes [] No
3. By-Laws with all amendments [] Yes [] No
4. Other Governing Documents
a. Board
b. Personnel
c. Financial
d. Program Guidelines
[] approved within the last 3 years
[] approved within the last 3 years
[] approved within the last 3 years
[] approved within the last 2 years
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] Yes [] No
Docusign Envelope ID: 735C17B94EB14A5C-9F36-005AI 6AEA2DC
DENTON
Monitoring Review Form
RECORD KEEPING/REPORTING PRACTICES
1. Is the filing system orderly, comprehensive, and up-to-date?[] Yes [] No
2. Are the records safe and secured for confidentiality?[] Yes [] No
[] Yes [] No
a. Are passwords/keys promptly cancelled for terminated
employees?
b. Are there appropriate procedures for back-up and storage of
program and data files?[] Yes [] No
3. Are the records accessible for review by the City or HUD?[] Yes [] No
4. Does the subrecipient maintain records for (5) years after the termination
or expiration of the contract?
a. If so, where do you store any prior-year files, if applicable?
[] Yes [] No
[] Yes [] No
5. Has the subrecipient submitted to the City a current Agency Update
form?[] Yes [] No
6. Has the subrecipient submitted to the City a current Cost Allocation
Plan?[] Yes [] No
7.Is a current fidelity bond/liability insurance policy on file?
a. Is the City of Denton named as additional insured on the policy?
b. Is there a provision that policy may not be canceled or lapse
without 30-days prior written notice to the City of Denton?
[] Yes [] No
[] Yes [] No
[] Yes [] No
8. Has the subrecipient submitted reports, requests, and etc timely?[] Yes [] No
9. Does the subrecipient have the appropriate government or oversight-
entity standard of being safe, sanitary, or compliant?
List entity & certifications.[] Yes [] No
10. Does the organization generate monthly financial reports reviewed by the
Executive Director and the Board of Directors?[] Yes [] No
Describe Communication method:
Docusign Envelope ID: 735C17B9-4EBl-4A5C-9F36-005AI 6AEA2DC
DENTON
Monitoring Review Form
BOARD POLICIES & PRACTICES
1. Has the subrecipient submitted to the City a list of its most current board
of directors with their appropriate titles?[] Yes [] No
2. When the Board of Directors makes decisions, a quorum is present &
minutes are maintainedp [] Yes [] No
3. What actions are taken to ensure the board is professionally and
culturally diverse?[] Yes [] No
4. Does the board and staff work together to develop and adopt a
strategic plan for the organization?[] Yes [] No
Describe Process/Frequency:
ANTI-DISCRIMINATION COMPLIANCE
1. How does your organization ensure equal opportunity and non-discrimination in soliciting for and hiring
staff?
2. Is the Equal Employment Opportunity (EEO) placard or poster in an area
accessible to employees and applicants for employment?
3. Is the office location accessible by ramp and have an accessible
restroom?
4 Are there any religious services. proselytizing, instructions, or any other
religious preference, influence, or discrimination in connection with
providing the services stated in the Program Scope.
5. Are there provisions in the personnel policies to prohibit the following:
[] Yes [] No
[] Yes [] No
[] Yes [] No
a. conflict of interest?[] Yes [] No
[] Yes [] No
P:
P:
P:
P:
b. sectarian activities?
c. nepotisme [] Yes [] No
[] Yes [] Nod. political activity and lobbying?
Docusign Envelope ID: 735C17B9-4EBl-4A5C-9F36-005AI 6AEA2DC
DENTON
Monitoring Review Form
FINANCIAL MANAGEMENT CONDENSED
I. Audit
1 . Is the subrecipient subject to OMB Circular A-133, which requires a single
audit if the suE)recipient has expended federal funds in excess of
$500,000?
[] Yes [] No
2. Has the subrecipient made arrangements to have an audit conducted?[] Yes [] No
3. Did subrecipient use competitive bid process in the last four years to
procure audit services?[] Yes [] No
a. Name of audit firm:
4. Has the subrecipient submitted the most recent audit report?[] Yes [] No
5. Are there any unresolved audit issuese if yes, list status below?[] Yes [] No
II. Agency Controls
1 . What is the subrecipient’s fiscal year?to
2. What system(s) does the agency use to perform its accounting function?
a Cash a Accrual Accounting Software:
3- is the system a manual, a automated, or a a combination?
4. Has the organization been able to operate within its approved budget
during the last two fiscal years?[] Yes [] No
5. Is an appropriate cash reserve/contingency fund available?[] Yes [] No
a.What $/% is available in cash reserve/contingency funds?
6. Does subrecipient pay TWC taxes (state unemployment), State Workers'
Comp., insurance companies, payroll taxes when they are due?[] Yes [] No
a. Can payroll tax payments be verified?[] Yes [] No
[] Yes [] Nob. Can Worker’s Comp. payments be verified?
Docusign Envelope ID: 735C17B9-4EBl-4A5C-9F36-005AI 6AEA2DC
DENTON
Monitoring Review Form
FINANCIAL MANAGEMENT CONDENSED
III. Program Controls
1. If the suE)recipient is requesting to pay salaries, do the salaries match with
the percentages and positions they request monthly?[] Yes [] No
2. Does employees work on both CDBG and Non-CDBG related activities?[] Yes [] No
3. Are tirnesheets signed by appropriate supervisor or designated authority?[] Yes [] No
b. Does the subrecipient use hourly distribution time sheets for
employees paid from multiple funding sources?[] Yes [] No
c. Do the time sheets reflect:
[] actual time worked or [] budgeted percentages?
4. Review the months selected for expenditures, cash disbursement journals,
and support documentation.
Months Reviewed:
a. Are the expenditures allowable?[] Yes [] No
b. Are there procedures to ensure items of cost are equitably
charged? (ie. Cost Allocation Plan)
[] Yes [] No
c. Is the support documentation adequate?[] Yes [] No
5. Review Client Files ( Attached Completed Client File Review Form(s)
CL$€wTFjaE REVIEW FORM
Period Reviewed:
Cli=eMMmM
m
O SOn cOlnlCClliC,n nIm Notes/Can+ments:
Q r„rsl.ha BnrlkStatentantm
D OH lori
Yo dosEn
Ye Nom
NoYes
Docusign Envelope ID: 735C17B9-4EBl-4A5C-9F36-005A16AEA2DC
BRynDENTON
Monitoring Review Form
FAC ENT EXPANDED
1 . Have all financial corrective action requirements from the previous
monitoring report been corrected?[] Yes [] No
2. Who signs checks? Do names on the bank signature cards match the
signature on checks?[] Yes [] No
a. How many signatures are required?
3. Is there separation of duties to ensure effective control over preparation,
authorization/certification, and distribution of checks?[] Yes [] No
a. Review the procedure of check processing within the agency's
financial procedures.[] Yes [] No
b. Are bank statements and canceled checks received and
reconciled by a person independent of the authorization and
check signing function?
[] Yes [] No
4. Are bank statements reconciled monthly to the General Ledger?[] Yes [] No
a. Does the organization reconcile all cash accounts monthly?[] Yes [] No
5. Does the subrecipient have a current list of assets and values?[] Yes [] No
6. Does the organization currently have any checks, outstanding debts, or
bills more than 90 days delinquent?[] Yes [] No
7. Does the subrecipient have any interest or other income generated by
City of Denton funds? if yes, document explanation given by Fiscal
Officer and ask for proof of documentation
[] Yes [] No
a. Does interest or income generated by City funds go back into
the program?[] Yes [] No
[] PROCUREMENT
1 . Has subrecipient established efficient and effective procurement
procedures in accordance with applicable laws and regulations?
[] Yes [] No
a. Do the procurment methods assure maximum open & free
competition?
[] Yes [] No
b. Do the procurement procedures provide for review of proposed
purchase by the appropriate officials to avoid the purchase of
unnecessary or duplicate items?
[] Yes [] No
Docusign Envelope ID: 735C17B9-4EBl-4A5C-9F36-005AI 6AEA2 DC
DENTON
Monitoring Review Form
c. Did subrecipient establish written selection criteria?[] Yes [] No
DocuSign
Certificate Of Completion
Envelope Id: 735C17B94EB14A5C9F36005A16AEA2DC
Subject: Complete with Docusign: 24-1587 DCMHMR GF Agrmt.pdf
Source Envelope
Status: Completed
Document Pages: 31
Certificate Pages: 2
Signatures: 2
Initials: 0
Envelope Originator:
Lauri Nack
901 B Texas Street
Denton, TX 76209
Lauri.Nack@cityofdenton.com
IP Address: 198.49.140.10
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
9/30/2024 10:42:55 AM
Holder: Lauri Nack
Lauri.Nack@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Sent: 9/30/2024 10:45:25 AM
Viewed: 9/30/2024 10:45:33 AM
Signed: 9/30/2024 10:45:42 AM
Lauri Nack
lauri.nack@cityofdenton.com
President & CEO
Completed
City of Denton - Community Services
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Using IP Address: 198.49.140.10
Sara Hensley
Sara.Hensley@cityofdenton .com
City Manager
City of Denton
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(None)
Sent: 9/30/2024 10:45:45 AM
Viewed: 9/30/2024 10:47:35 AM
Signed: 9/30/2024 10:47:42 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
Lauren.Thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
'D$cuSigned by:
I &WHL <bwth
D09D09CAD33D487.
Sent: 9/30/2024 10:47:44 AM
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Signed: 9/30/2024 11 :37:29 AM
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CSO Group
CSC)Group@cityofdenton.com
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
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Status Timestamp
Sent: 9/30/2024 1 1:37:31 AM
Lauri Nack
lauri.nack@cityofdenton.com
President & CEO
City of Denton - Community Services
Security Level: Email, Account Authentication
(None)
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Sent: 9/30/2024 1 1:37:32 AM
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