20-1562ORDINANCE NO.20-1562
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND DENTON CITY
COUNTY DAY SCHOOL TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR PUBLIC FACILITY IMPROVEMENTS IN DENTON, TEXAS;
AUTHORiZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $110,916.00; 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 2020 Action Plan for Housing and
Community Development which includes an authorized budget expenditure of funds for public
facility improvements at Denton City County Day School; and
WHEREAS, the Denton City County Day School has developed a program to assist low
and moderate-income people with daycare services; and
WHEREAS, the City Council deems it in the public interest to enter into an agreement
for public facility improvements to provide much needed daycare services for Denton residents;
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 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. The City Manager is hereby authorized to execute the attached Agreement
between the City of Denton and Denton City County Day School to provide for public
improvements to the facility assisting children with daycare 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 $110,916.00, 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 this ordinance was made by Tc> ha S\\Ian and
seconded by Kw\q Bc 1 qq S , the ordinance was passed and approved by
the following vote a - a
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:
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PASSED AND APPROVED this the bfb day of Ob+obe..\, 2020.
/ %/
CHRIS WATTS, MAYOR
Gerard Hudspeth, Mayor Pro Tem
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: J eAL ,
APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CITY COUNTY DAY SCHOOL
This Agreement is made and entered into by and between the City of Denton, a Texas municipal
corporation, acting by and through its City Manager, pursuant to Ordinance 20- 1561
hereinafter referred to as CITY, and Denton City County Day School, located at 1603 Paisley
Street, Denton Texas 76209, a Texas non-profit corporation, hereinafter referred to as
SUBRECIPIENT.
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 1 974,
as amended; and
WHEREAS, the City Council approved the 2020 Action Plan for Housing and Community
Development which includes an authorized budget expenditure of funds for a public facility
project for SUBRECIPIENT; and
WHEREAS, the SUBRECIPIENT has developed a program to assist low and moderate-income
people with day care services; and
WHEREAS, the City Council deems it in the public interest to enter into an agreement for a
public facility project 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 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, 2020, and shall terminate on September
30, 2021, unless sooner terminated in accordance with Section 25 “Termination.”
2. RESPONSIBILITIES
The CITY’s Community Services 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
accordance 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
SUBRECIPIENT and approved by CITY.
SUBRECIPIENT certifies that the activities carried out with Community Development Block
Grant (“CDBG”) funds shall meet the CDBG program’s National Objective of benefit to low
and moderate-income persons. Beneficiaries of the activities to be provided hereunder must
reside in the City of Denton and SUBRECIPIENT shall provide services to persons whose
A.
B.
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(e) is not an allowable cost as defined by Section 10 of this Agreement or the
project budget.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect
to any activity of SUBRECIPIENT requiring prior written authorization from CITY,
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
SUBRECIPIENT for payment of any monies or provision of any goods or services.
(6) Funding not expended within the term of the Agreement will revert to the City of
Denton 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) One-Hundred Ten Thousand Nine-Hundred Sixteen Dollars ($110,916.00) may be
paid to SUBRECIPIENT by CITY, and the only expenditures reimbursed from these
funds shall be those in accordance with the Project Budget, 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) SUBRECIPIENT will establish, operate, and maintain an account system for these
funds that will allow for a 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.
(3) SUBRECIPIENT will permit authorized officials of the City to review its books at
any trrne.
(4) SUBRECIPIENT 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) SUBRECIPIENT will not enter into any contracts that would encumber CITY funds
for a period that would extend beyond the term of this Agreement.
(6) SUBRECIPIENT 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) SUBRECIPIENT will appoint a representative who will be available to meet with
CITY officials when requested.
(8) SUBRECIPIENT will indemnify and hold harmless CITY, its officers, and
employees, from any and all claims and suits arising out of the activities of
SUBRECIPIENT, its employees, and/or contractors.
(9) SUBRECIPIENT will submit to CITY copies of year-end audited financial
statements.
C.
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
assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the
requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as
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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 SUBRECIPIENT by law or
administrative ruling, or to narrow the standards which SUBRECIPIENT must follow.
SUBRECIPIENT will comply with the Federal procurement standards at 2 CFR 200 Subpart D
– Post Federal Award Requirements.
SUBRECIPIENT Agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and 9(c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined
by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project.
J.
K.
5. REPRESENTATIONS
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.
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
SUBRECIPIENT 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
terminate 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.
SUBRECIPIENT agrees that the funds and resources provided 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.
A.
B.
C.
D.
6. PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will provide, oversee, administer, and carry out activities and services set out
in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be necessary
and sufficient payment for full and satisfactory performance 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
prior written approval of the CITY’s Community Services Manager.
7. PAYMENTS
Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPIENT a maximum
amount of money not to exceed One-Hundred Ten Thousand Nine-Hundred Sixteen Dollars
($ 110,916.00) for activities carried out under this Agreement. The CITY will pay these funds
on a reimbursement basis to SUBRECIPIENT within twenty days after CITY has received
A
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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
report, and that since said date, there has been no material change, adverse or otherwise, in
the financial condition of SUBRECIPIENT.
No litigation or legal proceedings are presently pending or threatened against the
SUBRECIPIENT.
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
conditions of this Agreement.
None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished 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.
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D.
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9. COVENANTS
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 Services Manager or 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 SUBRECIPIENT 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 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
agreement or subcontract.
SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend
training sessions sponsored by the Community Development Division.
A.
B.
10. ALLOWABLE COSTS
A. 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 .
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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.)
(b) 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 of closeout shall continue to be subject to the
eligibility requirements in Subpart C and all other applicable provisions of this part
until it is expended.
(4) Unless otherwise provided in any grant closeout agreement, and subject to the
requirements 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 of closeout, 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
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 Exhibit A and Exhibit B, and attached hereto, with any other
applicable Federal and State regulations establishing standards for financial management,
SUBRECIPIENT’s expenditures of funds made under this Agreement will conform to (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
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 SUBRECIPIENT 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 SUBRECIPIENT
shall make available to CITY, HUD, or any of their authorized representatives, all of its
records and shall permit CITY, HUD, or any of their authorized representatives to audit,
examine, make excerpts and copies of such records, and to conduct audits of all contracts,
A.
B.
C.
D
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Future contract payments can be withheld for the SUBRECIPIENT’s failure to submit a
response within 60 days.
F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of
the SUBRECIPIENT’s funding or regulatory bodies to CITY within ten working days of
receipt by SUBRECIPIENT.
G. 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
supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
15. DIRECTORS’ MEETINGS
During the term 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. SUBRECIPIENT understands and
agrees that CITY representatives shall be afforded access to all of the Board of Directors’
meetings. Minutes of all meetings of SUBRECIPIENT’s governing body shall be available to
CITY within ten days after Board approval.
16. INSURANCE
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.
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,
commonly referred to as “Owner/Tenant“ coverage, with CITY named as an additional
insured. 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
obtain 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.
Actual losses not covered by insurance as required by this Section are not allowable costs
under this Agreement and remain the sole responsibility ofSUBRECIPIENT.
The policy or policies of insurance shall contain a clause which requires that CITY and
SUBRECIPIENT be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation.
A
B.
C.
D.
E.
F.
17. CIVIL RIGHTS / EQUAL OPPORTUNITY
SUBRECIPIENT shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against
any 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
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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 advanced pursuant to this Agreement, nor any personnel which may be
employed 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
SUBRECIPIENT 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
nornlnatr oni
(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, SUBRECIPIENT shall publicize the activities conducted by
SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising
medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the
advertising medium shall state that the U.S. Department of Housing and Urban Development’s
Community Development Block Grant Program funding through the City of Denton has
contributes to make the project possible.
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.
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.
SUBRECIPIENT 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
A.
B.
C.
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(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
SUBRECIPIENT’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 may be 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
compensation exceed an amount which bears the same ratio to the total compensation as the
services 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,
SUBRECIPIENT 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
reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to
CITY from SUBRECIPIENT is agreed upon or otherwise determined.
B.
C.
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 five 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,
demand, 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
proceeding; 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 personally or by mail
Page 15
beneficiaries may receive the notice at the earliest available opportunity.
Current beneficiaries must receive the notice at the earliest available
opportunrty .
Faith-based organizations that carry out a program or activity with direct
Federal financial assistance from HUD 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.
b)
29. MISCELLANEOUS
SUBRECIPIENT 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.
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 documentation to any
proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence, and related material submitted by SUBRECIPIENT shall become the
property of CITY upon request.
Debarment: SUBRECIPIENT 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 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.
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
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 as the party ultimately responsible to U.S.
Department of Housing and Urban Development (HUD) for matters of compliance, will have
the final authority to render or to secure an interpretation.
IfSUBRECIPIENT provides services to the homeless it is required to:
(1) Report homeless data to the Homeless Management Information System (HMIS).
Homeless Management Information System (HMIS): HMIS is a countywide data
A.
B.
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ATTEST:
ROSA RIOS, CITY SECRETARY
ATTEST:
ROBERT K. TICKNER, BOARD MEMBER
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APPROVED AS TO LEGAL FORM:
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
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nature
BY:
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Community Services Manager
Title
Community Development Division
Department
Date Signed:[M 126)20
Page 19
EXHIBIT B
BUDGET
One-Hundred Ten Thousand Nine-Hundred Sixteen Dollars ($110,916) in Community
Development Block Grant funds for a public facility project for low and moderate-income
households (families with young children). The amount stated above is an estimate. Funding
may be reallocated as needed to complete improvements listed above. As stated in the
agreement, any remaining fund balance 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
commitments (if other funding sources are included in the project), and a project
planning/construction schedule.
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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.
(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
Report 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.
Denton City County Day School
Grantee
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Signature
Executive Director
Title
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Date:
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