Loading...
20-841ORDINANCE NO 20-841 AN ORDINANCE OF TEn CITY OF DENTON AUTHORIZING TIm CITY MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND CASA OF DENTON COUNTY TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR IMPROVEMENTS TO THE FACILITY AT 604 AND 610 NORTH BELL AVENUE, DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $402000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City received funds from the U.S. Department of Housing and Urban Development under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City Council approved the 2019 Action Plan for Housing and Community Development which includes an authorized budget expenditure of funds for public improvements for CASA of Denton County; and WHEREAS, the CASA of Denton County has developed a program to assist low and moderate-income children with court advocacy; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for public facility improvement to provide much needed services for Denton residents; 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 C'OUNCE OF THE CITY OF DENTON FnREBY 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. The City Manager is hereby authorized to execute the attached Agreement between the City of Denton and CASA of Denton County to provide for ADA accessibility improvement to the facility assisting abused children with court advocacy services noted therein. SECTION 3. The City Council hereby authorizes the City Manager to expend funds in the manner and amount specified in the Agreement, not to exceed $40,000, and to take any other actions necessary to complete the City’s obligations under the Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval The motion to aPProve seconded by the following vote ka this ordinance was made by \ao#’d /Z,yA/V the ordinance was passed and approved by Aye ./ ,/ \/ \/ \/ ,/ Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6 :r P JdI!I\1 S S E ]=11 J!I!I\IL][\t1:) 11111!LP PROVED this the axday of An _, 2020. „.a:\}),A( ATTEST: ROSA RIOS, CITY SECRETARY alllllltl ZZ . Jh, J’2/ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY AGREEMENT BETWEEN THE CITY OF DENTON AND CASA OF DENTON COUNTY This Agreement is made and entered into by and between the City of Denton, a Texas home-rule municipal corporation, acting by and through its City Manager, pursuant to Ordinance 19-1146, hereinafter referred to as CITY, and CASA of Denton County (CASA), 614 N. Bell Avenue, Denton, Texas 76209, a Texas non-profit corporation, hereinafter referred to as SUBRECIPI- ENT WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development (“HUD”) under Title I of the Housing and Community Development Act of 1974, as amended, CDBG Program, CFDA Number 14-218; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for improvements to SUBRECIPIENT’s public facility; and WHEREAS, CITY has designated the Community Development Division as the division respon- sible for the administration of this Agreement and all matters pertaining thereto; and NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound, to the mu- tual obligations and to the performance and accomplishment of the conditions hereinafter de- scribed. 1 TERM This Agreement shall commence on or as of March 1, 2020, and shall terminate on February 28, 2021, unless sooner terminated in accordance with Section 25 “Termination.“ 2 RESPONSIBILITIES A. B. The CITY’s Community Development Manager will be CITY’s representative responsible for the administration of this Agreement. SUBRECIPIENT 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 accord- ance with the terms herein. CITY will consider SUBRECIPIENT’s executive officer to be SUBRECIPIENT’s representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from SUBRECIPI- ENT and approved by CITY. SUBRECIPIENT certifies that the activities carried out with Community Development Block (Jrant (“CDBG”) funds shall meet the CDBG program’s National Objective of benefit to low and moderate-income persons. SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80% of the area median income of the Dallas standard metropolitan statistical area. To ac- complish this, the SUBRECIPIENT shall use the current applicable income limits published C. D by HUD for the CDBG program. 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 in- cluded in each client’s file and updated annually, or services must be provided to a clientele that is within a “presumed benefit” category as specified in 24 CFR 570.208. 3 OBLIGATIONS A.Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and in accordance with the Project Budget attached hereto as Exhibit B and the Scope of Ser- vices herein attached as Exhibit A; both incorporated herein by reference. 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 Forty-Thousand Dollars ($40,000). Measure of Liability. In consideration of full and satisfactory services and activities here- under by SUBRECIPIENT and receipt of a requisition for payment with appropriate docu- mentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRE- CIPIENT’s financial management system in accordance with the standards specified in 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. ( 1) The parties expressly understand and agree that the CITY’s obligations under this Section are contingent upon the actual receipt of adequate CDBG funds to meet CITY’s liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section, or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement. (2) it is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, 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 hereto (d) has not been billed to CITY within 90 calendar days following billing to SUBRECIP- IENT, 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 the Project Budget. Page 2 (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity ofSUBRECIPIENT requiring prior written authorization from CITYp or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than SUB- RECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within the period of the Agreement will revert to the City of Den- ton CDBG budget for use on alternative projects. SUBRECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY, the SUBRECIPIENT agrees to the following terms and conditions: (1) Forty-Thousand Dollars ($40,000) may be paid to SUBRECIPIENT by CITY, and the only expenditures reimbursed from these funds shall be those in accordance with the Project Budget set forth in Exhibit B for those expenses listed in the Scope of Services as provided herein. SUBRECIPIENT shall not utilize these funds for any other purpose. (2) it will establish, operate, and maintain an account system for these funds that will allow for tracing of funds and a review of the financial status of the project. The system will be based on generally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. C. (3) it will permit authorized CITY officials to review its books at any time. (4) it 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 whenever adopted. (5) it will not enter into any contracts that would encumber CITY funds for a period that would extend beyond the term of this Agreement. (6) it 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) it will appoint a representative who will be available to meet with CITY officials when requested. (8) it will indemnify and hold harmless CITY, its officers, and employees, from any and all claims and suits arising out of the project or activities of SUBRECIPIENT, its employees, or contractors. (9) it will submit to CITY copies of year-end audited financial statements. 4 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS A. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assuranc- cs. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the require- Page 3 ments of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPI- ENT by law or administrative ruling or to narrow the standards which SUBRECIPIENT must follow B. C. D. E. SUBRECIPIENT further agrees and certifies that if the regulations and issuances promulgat- ed pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and the regulations at 24 CFR Part 84 as applicable. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of the City of Denton. SUBRECIPIENT is required to comply with the applicable uniform administrative require- ments as described in 24 CFR 570.502, 570.505, and 24 CFR 570 subpart K with the excep- tions noted below: (1) SUBRECIPIENT does not assume CITY’S environmental responsibilities described at CFR 570.604; and (2) SUBRECIPIENT does not assume the CITY’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in ac- cordance with the Davis-Bacon Act as amended, the provisions of the Contract Work Hours Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. 276a-276a-5; 40 USC 327 and 40 USC 276c), and all other applicable Federal, state, and local laws and regulations pertaining to labor standards, insofar as those acts apply to the performance of this Agree- ment. SUBRECIPIENT will work with CITY to obtain and maintain documentation of com- pliance. Upon written request by the CITY, SUBRECIPIENT will obtain the services of consultant to monitor the contractor’s compliance with these requirements. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement and agrees that these provisions shall also be binding on any of the SUBRE- CIPIENT’S subcontractors. SUBRECIPIENT certifies that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT further agrees to include a statement in all subcontracts requiring compliance with Section 3 and re- quiring subcontractors, to the greatest extent feasible, to provide opportunities for training and employment to low and moderate-income individuals that are residents of the project ar- ea. Upon written request of the CITY, SUBRECIPIENT will obtain the services of a con- sultant to monitor the general contractor’s compliance with the Section 3 requirements. SUBRECIPIENT shall not use funding under this Agreement to include the outcome of elec- dons or the passage or defeat of any legislative measures. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an ap- proved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and F. G. H Page 4 certified that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder and codi- fied at 24 CDBG 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law and administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. I. SUBRECIPIENT will comply with the Federal procurement standards at 2 CFR 200 Subpart D – Post Federal Award Requirements. 5 REPRESENTATIONS A. SUBRECIPIENT 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 SUBRECIPIENT do hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRE- CIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances, and provisions herein set forth. CITY shall have the right, at its option, to either temporarily suspend or permanently termi- nate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT 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. C. D.SUBRECIPIENT agrees that the funds and resources provided to SUBRECIPIENT 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, SUBRECIPIENT had this Agreement not been executed 6 PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and ser- vices set out in the Scope of Services in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be necessary and sufficient payment for full and satisfactory perfor- maIIce of the program, as determined solely by CITY and in accordance with all other terms, provisions, and requirements of this Agreement. No modifications or alterations may be made in the Scope of Services or Budget without the pri- or written approval of the CITY’s Community Development Manager. Page 5 7 PAYMENTS TO SUBRECIPIENT A.The CITY shall pay to the SUBRECIPIENT a maximum amount of money not to exceed Forty-Thousand Dollars ($40,000) for activities carried out under this Agreement. CITY will pay these funds on a reimbursement basis to the SUBRECIPIENT within twenty days after CITY has received supporting documentation of eligible expenditures. Documentation of ex- penditures must be submitted to the CITY’s Community Development Divisions by dates re- quired by Community Development. SUBRECIPIENT’s failure to request reimbursement or provide supporting information on a timely basis may jeopardize present or future funding. The project must be completed, and all payments requested on or before February 28, 2021. No additional payments will be made if the work is not completed and the payment re- quest(s) with appropriate documentation is not received by February 28, 2021. Funds are to be used for the sole purpose of completing facility improvements based on the Budget in Exhibit B. These improvements will support the SUBRECIPIENT’S efforts to carry out the activities described in the Scope of Services in Exhibit A. Excess Payment. SUBRECIPIENT 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 there- after determines : B. C. ( 1) has resulted in overpayment to SUBRECIPIENT; 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. D.Disallowed Costs. Upon termination of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, HUD, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPI- ENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY E.Reversion of Assets. SUBRECIPIENT, upon expiration of this Agreement, shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable at- tributable to the use of CDBG funds. If CITY finds that SUBRECIPIENT 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 SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to SUBRECIPIENT to revert these financial assets. The revision 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. F. G Obligation of Funds. In the event that actual expenditure rates deviate from SUBRECIPI- ENT’s provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such underexpended funds. Contract Close Out. If requested, SUBRECIPIENT shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working Page 6 days following the close of the Agreement period. SUBRECIPIENT shall utilize the form agreed upon by CITY and SUBRECIPIENT. 8 WARRANTIES SUBRECIPIENT 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 B.Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate, and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the re- port, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against SUBRECIPI- ENT D. E. F. G. H. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. SUBRECIPIENT 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 condi- tions of this Agreement. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any charac- ter, except for current taxes not delinquent, except as shown in the financial statements and/or other documents fhrnished by SUBRECIPIENT to CITY. 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. SUBRECIPIENT agrees to execute a lien that will be placed on the property improved with CDBG funds. The lien will name CITY as the primary beneficiary for a period not to exceed ten years. 9 COVENANTS A During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development Manager or his/her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of SUB- RECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. Page 7 (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 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 SUBRECIPIENT by CITY, unless CITY authorizes such transfer. (6) Enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such an agree- ment or subcontract. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. B. C. Costs shall be considered allowable only if incurred directly and specifically in the perfor- mance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. CITY shall not be obligated to any third parties, including any contractors or subcontractors of SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service ex- tending beyond the expiration of this Agreement. Approval of SUBRECIPIENT’s Budget, Exhibit B, does not constitute prior written approv- al, even though certain items may appear herein. CITY’s prior written authorization is re- quired in order for the following to be considered allowable costs: (1) Any alternations, deletions, or additions to the Project Budget in Exhibit B. (2) Any fees or payments for consultant services. D.Written requests for prior approval are SUBRECIPIENT’s responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accord- alice with the provisions of this Agreement. 11. PROGRAM INCOME A For purposes of this Agreement, Program Income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT’s man- agement 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 con- tract-supported services of individuals or employees, or from the use or sale of equipment Page 8 or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agree- ment B.SUBRECIPIENT shall maintain records of the receipt and disposition of Program In- come in the same manner as required for other contract funds and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPIENT agree that any fees collected for services performed by SUBRECIPIENT 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 re- quircments of this Agreement and the regulations found at CFR, Section 570.504. B. C. SUBRECIPIENT shall include this Section in its entirety in all of its contracts and sub- contracts which involve other income-producing services or activities. It is SUBRECIPIENT’s responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the perfor- mance thereof, constitutes Program Income. SUBRECIPIENT 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. D.Recording Program Income. The receipt and expenditure of program income as defined in Section 570.500(a) shall be recorded as part of the financial transactions of the grant pro- gram E Disposition of Program Income Received by Recipients. (1)Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. 2)If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: (1)Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in Section 570.513.) (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3)Program income on hand at the time ofcloseout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. Page 9 (4)Unless otherwise provided in any grant closeout agreement, and subject to the requirements of paragraph (b) (5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoIng grant program. (5)If the recipient does not have another ongoing grant received directly from HUD at the time ofcloseout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activities that meet one of the national objectives in Section 570.208 and the eligibility requirements described in Section 105 of the Act. 12 MAINTENANCE OF RECORDS A.SUBRECIPIENT 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 Exhibits A and B, and with any other applicable Federal and State reg- ulations establishing standards for financial management, including 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the regulations at 24 CFR Part 570 as applicable including, Title 24 CFR Sections 570.502 (b), 570.504, and 570.506 as they pertain to costs incurred, audits, Program Income, administration, and other activities and functions. SUBRECIPIENT’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 SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written ac- counting 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 agree- ment B. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsi- bility for retaining accurate and current records, which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available to CITY, HUD, or any of their authorized representatives, all of its rec- ords and shall permit CITY, HUD, or any of their authorized representatives to audit, exam- ine> make excerpts and copies of such records, and to conduct audits of all contracts, invoic- es, materials, payrolls, records of personnel, conditions of employment, and all other data re- quested by said representatives. 13. Page 10 REPORTS AND INFORMATION A. B. At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data, and information as CITY may request and deem pertinent to mat- ters covered by this Agreement. SUBRECIPIENT shall submit beneficiary and financial reports to CITY no less than once per quarter. The beneficiary report shall detail client information, including race, 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 beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports shall be due to City within 15 working days after the end of each quarter. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives and/or expends more than $750,000 in federal funding, the audit must be conducted in accordance with 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable, within thirty days after receipt of such audit. C. 14 MONITORING AND EVALUATION A. B. C. D. E. CITY shall perform on-site monitoring of SUBRECIPIENT’s performances under this Agreement. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to en- sure adherence by SUBRECIPIENT to the Scope of Services, Program Goals, and Objectives in Exhibit A, as well as other provisions of this Agreement. SUBRECIPIENT agrees to cooperate fully with CITY in the development, implementation, and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fhlfill its monitoring and evaluation responsibilities. SUBRECIPIENT 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 members to coordinate the monitoring pro- cess as requested by CITY staff. After each official on-site monitoring visit, CITY shall provide SUBRECIPIENT with a writ- ten report of monitoring findings, documenting findings and concerns that will require a writ- ten response to the City. An acceptable response must be received by the City within 60 days from the SUBRECIPIENT’s receipt of the monitoring report or audit review letter. Future contract payments can be withheld for SUBRECIPIENT’s failure to submit a response within 60 days. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of SUBRECIPIENT’s funding or regulatory bodies to CITY within five working days of receipt by SUBRECIPIENT. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and sup- F. G Page 1 1 ported with documented evidence of follow-up actions taken to correct areas of noncompli- arlce 15 DIRECTORS’ MEETINGS A. During the terms of this Agreement, SUBRECIPIENT 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. SUBRE- CIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors ’ meetings. B. Minutes of all meetings of SUBRECIPIENT’s governing body shall be available to CITY within ten days after Board approval. 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B.The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, com- monly referred to as “Owner/Tenant” coverage, with CITY named as an additional in- sured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate Insurance coverage arrangements. SUBRECIPIENT will comply with applicable workers’ compensation statutes and will ob- tain employers ’ liability coverage where available and other appropriate liability coverage for program participants, if applicable. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by SUBRECIPIENT. All employees of SUBRECIPIENT 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 SUBRECIPIENT’s files. C. D. E. F. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement and remain the sole responsibility of SUBRECIPIENT. The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be notified in writing of any cancellation of change in the policy at least 30 days prior to such change or cancellation. 17 CIVIL RIGHTS / EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and af- firmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any Page 12 employee or applicant for employment because of race, color, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT 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 re- cruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The SUBRECIPIENT 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 Dis- crimination Act of 1975, and Executive Order 1 1063 and Executive Order 1 1246 as amended by Executive Orders 11375 and 12086. SUBRECIPIENT 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 SUBRECIPIENT’s non-compliance with the non-discrimination require- ments, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPI- ENT may be barred from further contracts with CITY. B. C. D. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examina- tion. Such personnel policies shall: A. Be no more liberal than CITY’s personnel policies, procedures, and practices, including poli- cies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of SUBRECIPIENT. 19 CONFLICT OF INTEREST A.SUBRECIPIENT 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. SUBRECIPIENT 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. SUBRECIPIENT further covenants that no member of its governing body or its staff, con- tractors, or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or oth- ers, 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 exer- cises 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 af- B. C Page 13 fects 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. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the im- mediate family of any person who is currently employed by SUBRECIPIENT or is a member of SUBRECIPIENT’s governing board. The term “member of immediate family“ includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step- parent, step-child, half-brother, and half-sister. 21 POLITICAL OR SECTARIAN ACTIVITY A.Neither the funds advanced pursuant to this Agreement, nor any personnel who may be em- ployed by the SUBRECIPIENT with funds advanced 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 SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPI- ENT connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not under 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 “C“ and if necessary, the Disclosure of Lobbying Activities provided by the CITY. B. C. D. 22 PUBLICITY A Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other ad- vertising medium, disseminating information prepared or distributed by or for SUBRECIPI- ENT, the advertising medium shall state that the U.S. Department of Housing and Urban De- velopment’s Community Development Block Grant Program funding through the City of Denton has contributed to make the project possible. Page 14 23 CHANGES AND AMENDMENTS A. B. 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. SUBRECIPIENT may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. SUBRECIP- IENT 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 under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. SUBRECIPIENT will submit revised budget and program information whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B . 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 in Exhibit A, which may include an increase or decreased in the amount of SUBRECIPIENT’s compen- sation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. C. D. E. F. Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. SUBRECIPIENT 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. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board compo- sltron 1.It is expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among said programs will be permit- ted 24 SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT’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 SUBRECiPiENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. Page 15 The period of such suspension shall be of such duration as is appropriate to accomplish correc- tive 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, SUBRECIPIENT may be re- stored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into com- pliance, the provisions of Section 25 may be effectuated. 25 TERMINATION A.CITY may terminate this Agreement for cause under any of the following reasons or for oth- er reasons not specifically enumerated in this paragraph: (1) SUBRECIPIENT’s failure to attain compliance during any prescribed period of suspen- sion as provided in Section 24. (2) SUBRECIPIENT’s failure to materially comply with any of the terms of this Agreement. (3) SUBRECIPIENT’s violation of covenants, agreements, or guarantees of this Agreement. (4) Termination or reduction of funding by the United States Department of Housing and Urban Development. (5) Finding by CITY that SUBRECIPIENT: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable re- qurrements; 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 SUBRE- CIPIENT’s property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against SUBRECIPIENT. (7) SUBRECIPIENT’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) SUBRECIPIENT’s violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding source specified in Exhibit B . CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience) SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compen- sation exceed an amount which bears the same ratio to the total compensation as the services B. C Page 16 actually performed bears to the total services of SUBRECIPIENT covered by the Agreement, less payments previously made. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT 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 SUBRECIPIENT and the funding source in question SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT’s organization not occasioned by a breach of this Agreement. Upon receipt of notice to terminate, SUBRECIPIENT 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 SUBRECIPIENT or SUBRECIPIENT’s creditors for any expenses, encumbrances, or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIP- IENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimburse- ment to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. D. E. F. G. 26 NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit, or other action is made or brought by any person(s), firm, corporation, or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within two working days after being notified of such claim, demand, suit, or other action. Such notice shall state the date and hour of notification of any such claim, de- mand, suit, or other action; the names and addresses of the person(s), firm, corporation, or other entity making such claim, or that instituted or threatened to institute any type of action or pro- ceeding; the basis of such claim, action, or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either per- sonally or by mail. 27 INDEMNIFICATION A.It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent contractor and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents, and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, de- mands, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent, or representative of SUBRECIPIENT. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, B Page 17 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. 28 NON-RELIGIOUS ACTIVITITES A.As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in ac- tivities supported by CITY funding including programs that make funds available through contracts, grants, or cooperative agreements. SUBRECIPIENT is prohibited from discrimi- nating against beneficiaries in providing services or carrying out activities with such assis- tance 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 partici- pate in programs only funded by indirect CITY or Federal financial assistance need not mod- ify their program or activities to accommodate beneficiaries who choose to expend the indi- rect aid on those SUBRECIPIENTS’ programs. Faith based organizations that carry out programs or activities with direct Federal financial assistance from HUD are required to provide written notice of certain protections to benefi- ciaries and prospective beneficiaries. Specifically, such organizations are required to give no- tice 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 at- tend 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 bene- ficiary in such activities must be purely voluntary; and (3) The organization must separate, in time or location, any privately funded explicitly reli- gious activities from activities supported by direct Federal financial assistance; and (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; (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 contact- ing 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 im- practicable to provide the written notice in advance, prospective beneficiaries may re- ceive the notice at the earliest available opportunity. Current beneficiaries must re- ceive the notice at the earliest available opportunity. (b) Faith-based organizations that carry out a program or activity with direct Federal fi- nancial assistance from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective beneficiary objects to the reli- gious character of the organization, and to refer the beneficiary or prospective benefi- ciary to an alternative provider to which the beneficiary or prospective beneficiary has no such objection. B Page 18 29 MISCELLANEOUS A. SUBRECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any inter- est therein, or any claim arising thereunder, to any party or parties, bank, trust company9 or other financial institution without the prior written approval of CITY. B.If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remain- ing provisions shall remain in full force and effect and continue to conform to the original in- tent of both parties hereto. C. All reports, documents, studies, charts, schedules, or other appended documentations to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspond- ence, and related material submitted by SUBRECIPIENT shall become the property of CITY upon request. D. Debarment: SUBRECIPIENT cutifies 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. E.In no event shall any payment to SUBRECIPIENT 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 SUBRECIPIENT. 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 provision. F.This Agreement, together with 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 ef- feet whatsoever; nor shall an agreement, assertion, statement, understanding, or other com- mitment 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. G. 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 as the party ultimately responsible to HUD for mat- ters of compliance, will have the final authority to render or to secure an interpretation. H. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 TO SUBRECIPIENT: CASA of Denton County 614 N. Bell Avenue Denton, Texas 76209 Page 19 w/ a copy to: City Attorney City of Denton 215 E. McKinney Denton, Texas 76201 G.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 competent jurisdic- tion sitting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the 2020of// 5th d,y CITY BY: OF DENTON CASA OF DENTON COUNTY BY: TITLE: 0 CITY MANAGER eX(Vat~t])LLaTD(L ATTEST:ATTEST: ' I/ )\ msRii6X CiTY. S'ECRETARY l tFECRmT APPROVED AS TO LEGAL FORM:THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms’a ION CIt& A a Sign \1111111& CDMMaRLLTV £dl/L©MMAda Title <:'W\Mwltw€aDt£,s Department Date Signed: bILlit ZI) Page 20 EXHIBIT “A“ SCOPE OF SERVICES Description of Facility Improvements CDBG funds will be used to pay the costs associated with improvements to the public facility to ensure compliance with the Americans with Disabilities Act at 604 and 610 North Bell Avenue, Denton Texas 76209. The following exterior public improvements will be completed, based on cost and funding availability: 1 2 3 4 5. Repair pavement slope in the parking lot; Re-stripe parking lot to identify ADA parking spaces; Repair damaged sidewalks to ensure ADA compliance; Installation of ADA curb cuts; and Install ADA Signage. Estimated Project Timeline March 1, 2020 Project Approval: Contract is executed with SUBRECIPIENT and ap proved by City Council Pre-Construction Subrecipient completes architecture, engineering desi permitting, and all pre-construction activities and approvals Procurement: Subrecipient completes procurement process including Construction: Subrecipient manages repairs to parking lot Reporting: Subrecipient submits client data to the City to complete project Monitorin Subreci >ortrng t June 2020 August 2020 e February 28, 2021 February 28, 2021 February 28, 2026 Work Statement In order to complete the agreed upon activity, SUBRECIPIENT shall provide the following services from the improved facility: CASA of Denton County is a nonprofit facility that serves children removed from their homes and placed in foster care because of abuse/neglect. Activities focus on investigation and monitor- ing of a child's situation while "in the system," representing their best interests by making rec- omme'idations to the judge on behalf of the child throughout the life of a case and for a perma- nent home. The Court Advocacy Program is operated at 604 and 610 North Bell Avenue Denton, Texas, including program administration and volunteer training. Staff and volunteers provide services off-site at the children’s location. The program operates from Monday-Friday, 8:30 am - 5:00 pm and other times by appointment. Page 2 1 EXHIBIT “B” BUDGET Forty-Thousand Dollars ($40,000) in Community Development Block Grant funds for the instal- lation of public facility improvements at 604 and 610 North Bell Avenue, Denton Texas 76209. The amount stated above is an estimate. Funding may be reallocated as needed to complete im- provements listed above. As stated in the agreement, any remaining funding will be returned to the City of Denton. Prior to the start of construction, SUBRECIPIENT shall provide the Community Development Division with a project budget, documentation of any additional funding sources and commit- ments (if other funding sources are included in the project), and a project planning/construction schedule Page 22 4 EXHIBIT “C” 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 un- dersigned, 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 em- ployee of a Member of Congress in connection with the awarding of any Federal con- tract, 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. (2) 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 Re- port Lobbying,” in accordance with its instructions. (3) 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. 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. CASA of Denton County T\\\C Ycck-h r/zl)/'r£ chrmature Date : Page 23