20-1607ORDINANCE NO.20-1607
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND FRED MOORE DAY
NURSERY SCHOOL, INC. TO PROVIDE GENERAL FUND DOLLARS FOR A
CHILDCARE PROGRAM IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF
FUNDS NOT TO EXCEED $30,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's Human Services Advisory Committee (’'HSAC") has reviewed the
proposal for services and has determined that Fred Moore Day Nursery School, Inc., performs an
important service for the residents of Denton without regard to race, religion, color, age, or
national origin, and HSAC recommends execution of the agreement; and
WHEREAS, the City has determined that the proposal for services merits assistance and can
provide needed services to citizens of CITY; and
WHEREAS, the City has adopted a budget for such funds and included therein an authorized
budget for expenditure of funds; and
WHEREAS, the City has designated Community Development 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 Fred Moore Day Nursery School, Inc. to provide financial
assistance for a Childcare Program.
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 $30,000.00, and to take any
other actions necessary to complete the City’s obligations under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance
seconded by \KeLLH B>c ,' qq S
the following vote [b -U : c/ u
made by Tohc\ ?~] hf\ and
_, the ordinance was passed and approved by
Aye Nay Abstain Absent
ZMayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5
Paul Meltzer, At Large Place 6:
V’
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IZ
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PASSED AND APPROVED this the q)tb day of Oc.bb e(, 2020.
CHRIS WATTS. MAYOR
(,erard Hudspeth, Mayor Pro Tem
ATTEST:
ROSA RIOS, CITY SECRETARY
.. Z Z/n ._ r&d.
APPROVED AS TO LEGAL FORM:
2021}o2021 GRANT ’SERVICE AGREEMENT
BE;’IWEEN THE CITY OF DENTON, TEXAS AND
FRED MOORE DAY NURSERY SCHOOL! INC,
This Agree'ment is made and entered into-by and be{weeD the'eity. Qf Denton, a Texas municjpal cotPQration, acting
by and through its C try Manager,'he-reina fter fefened to as ';e:iTY,." and Fred Moore Day Nur§ely School, lac,. 821
Cross Timber Street Denton, Texas- 76205-hereinafter referred.:to BS "RE(:IPIENT."
WHEREAS, CIT'Y'b Huriad Services Adv-isdry'CommRQe (’'HSAC'’} has rdvieWed 'the prop9£al for services and has
determined that RECIPIENT perfonns an important '5ervice fdr the residents of Denton wit Froth 'regard to'race, nlP
gion, &olaF, age, or uaLionql origin, jnd HSAC= regomlnend$ the purchasQ of services; and
WHEREAS, CITY has determined that .the proposa[ fqr serViQ'es meNts as$igtance and can provide needed. services
to citizens of CITY; and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure oF
lunch.; arId
%TiEREAS. (:ITY has ddsignated.Community Development as.the division'fespohsn)le fertIle admihi$trati6n of this
Agreomefit and all matters peftaihing thereto;
NOW, THEREFOR.E, the partie? hereto BEne, and by the execBtiQn hereof gre bound to the mutual obligatiOns .aid
td the perfdrmance arId accomblighmen t of the eonditiohs.hdrbina [ter described.
I. TERM
This Agmernent shan commence on or as of October 1, 2020, and shall tenhinate on September 30, 2021, unless
sooner. terminated in accordance with Section 25 “Termination.”
2. RESPONSIBILITIES
RECIPIENT hereby accepts the responsibijity for the perform4nce Qf all services and activities described in the.Scope
of Services attached hereto as Exhibit A, and incorporate-d herein by rdference, in a satisfactory and efficient manner
as dQtermined by CITY, in accordance with the terms herein . CITY Will consider RECIPIENT’.s executive officer to
.bc RECIPIENT’s !Qpresentatiye Tespopsib'Ie for the p4nagemQnt of all conjractual matters-.peaaining hereto,-unless
written notification to the cohtrary is received from RECIPIENT and. approved by CITY.
The CITY’s Community Services Man49er will be CITY’s representative responsible fQr the adrhinistration of this
Agreement. Beneficiaries of thi bctivtb'w to be provided hereunder must re§ide in the City of Denton and
RECIPIENT certifies that the activities carried out with these fundg shall meet the objectiv6 of'benefit to low and
moderate-income persons. RECIPIENT shall provide.SQwices tp persons whose.income ii equal to or lower than 80%
of the median income of the Dallas standard metropolitan statistical area. To accomplish this, the RECIPIENT shall
use th§ current applicable income limits published by the U.S. Deputu-rent of Housing add Urban Development
("HUD“) for lowe! income housing 'assis{ance under Section 8 of the United States Housing Act of 1937, heroin
attached as EXhibit C. Incomeeligibility shall be detdrmiDed by-the .burn $.fthegrosi incQme Qf 41 1 individu4.Is residing
Page 1 of 20
!a
in the household, Services must be prov idid directly to dr on behalf of .specific idemiFnd eligible cl:ien.-ts, Eligibility
documentation (nust be includ§d in eaqh. client is aIR:and updated at jeast once during the contract:period.
3. OBLIGATIONS
III consideration of the gert'ices provided by RECIPWNT, CITY 'agrw,s to the 'f9Ubwing term! aRd CQnditio Ils:
A. LiMit of Liability. CITY \yjli reimburse RECIPIENT-FoI ogDen ses !hcuted pursuarit ta and ih accofdanee'With
the P[ojeQt Budget attached her6tl) as Exhibit B and'thQ S.pope.Qf SQn’'ices herD.in attached a$ Exhibit .A and
jncorpurat BCt herein by refirerleg. 'N9twithsiar}ding a Fly t>the( proviSion of the AgNemel it. !hQ.totgl u.full p.aym.ents
and other obligations made or incurred by CITY herdunder'slrall not exceed the sum bf Thirty Tbousand Dollars
(530,000.00),
B. Measure. of Liability, in considentUop of full and satisfagtQry .services inII actiVities hereund8r by R!(:IPIENT
and reCeipt of a reqaisitidn for bayrneJ! with aj>prqpEiate docamdatatioa.ofdxpendhures, CfFY Sfrall make pay=
menls to RECIPIENT based o:n the Budget'in Exhjbil B, subjegt to the- limitations ppd prQvi$ionS set.faIth -in ' this
Section and Section 7 afthjg Agfeernent.
( 1) The parties expregsly rude!'stnntl arId agree that ,CITY’-s.obligati6ns under thjg Section are -contingent upon
the gctual receipt of Rtlequate funds to meet. CITY’ P ljabilitjes under this Agreement_ if adequqte funds are
not Available to make payments undpr this Agreemenq CITY shall Aotify RE(:TPTENiT in writing Within a
reasonable tiMe after such fact has been detcrmined. eITY HOy; at -its option. either reducp the amount of iTS
liability or jermiDate the Agmemept. If funds eligibje:fQr u$e -for purposQS of thi$ AgmemFnt gq redUcFd,
CITY shall hat be liable for futther paymehts due- to RECiPIENT under this Agreement.
(2) It- iS expressjy.understood that this Agreetrlent ill.no Way obligate$ the CITY to provide rflore funds -.E IIga the
amount shown in subseCtion A above.
(3) CITY shall nor be liable for'any co-st or portion thereof which-:-
(4) Has been paid, reimbursed, pr is subjeQt to payment of ceitnbursement, I}Qm qmy other $ource}
(b) Was incurrdd prior to the begihhing date- or after the ending date specified in Section 1 ;
(c) is not in strict accordance with the terms of thIs Agreement, including all eXhibit,s atta9hed h.erptQ;
(d) Has not been billed to CITY within 90 calendar dny s t'nlln trine. hillin8 tn R RCTPiENT= nr rerminatinn
of the AgreemQnt, whicheVer date'is e3rliQt; .Dr
(e) is not an allowable cos.t al deaned by Section ip .of thi$ Agrwnrent or the P{Qject Budget.
(4) CITY 3hall not be liable for any cOst or portion thendf which is incurred With mgpect to any activity df
RECIPIENT requiring prior written authorization from CITY, or after CITY has re.quFsted that RECiPIENT
furnish data concerning SIKh action prior to proceeding further, unless and until CITY advjses RECIPIENT
to ’proceed.
(5) (,"ITY shall not be obligated or liable under this Agreement-tO any party other than RECIPIENT for payment
of any mQnies or provision of ajly goods or services.
(6) Funding not experided with-id the-period of the Agmdment will revert to the City of Denton budget for use on
alternative projects.
C. RECIPIENT’S Obligations. In consideratjon of the receipt offund£ from the CITY, the. REeiPiENT agrees to
the following terms and conditi6ng:
(1) Thirty Thousand Dollars ($30.000,00) may be paid to RECIPIENT by CITY, and the only expenditures re.
imbursed from these hInds, shall .be- those in accordance with the Project BudgeE, EXhibit B, for those ex-
j)enses IIsted in the Scope of -Services &s provided herein. RECIPIEINI' shall not utilize these funds for any
other pprp05p.
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( 3) RECjPIE-bIT will establish, vperatp, and maintain 'an Bgcoynt system for these funds thal will allow fat a
tracing of finds 'and a review of the 6nancial. stattis of the PQ-gram. 1:hQ system, will be based pn generqJly
accepted. accounting principles a$ recognized by the .Americ-an In£ti.tate df eeaifi-ed Public. ACcountants.
(3) RECIPI.ENT will pertnit aqthorized. officials-of CITY taroview as:boo.ks at any time.
(4) RECt..iP'iEN’[ will reduce tb writing an of -its rUles, rcgalatidd'g, arid pi)licies and file a copy WiKI (;ITY's
Comrnunit}' Development office along with Ray-anlendine.nts, additions, or reviSions bpon reqh69t.
(5.) RECIPIENT.will nat enter idt6 ani contmcB th.at WQU {d encumber CITY funds for a .period !hat would ex£eac!
beyond the Fenn of this Agreement.
(6) REeIPIENT will promptly pay +11 bills when- submItted unlesS'there -is.a discrepancy in a bill: any cfrofs or
discrepancies- in bills shall -be' promptjy repoftpd tq CITY's Cqmmvnity Development tUviSiQh for further
direction
(7) -RECipIENT will appQiBt a representative who will be avilnab]e to meet with CiTY officials when requested.
(8) RECIPIENT will i6deBinify and hdl(i hitm less C.ITV, its ptficers and employees' from 'arly and .all clairb$.
and suits arising out.-of the activities of RECIPIENT, its employees, abd/or cohtractor£.
(9) RECIPIENT- wiI] .submit to. CITV copies of year'end BUditec:i financial statements;
4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
RECIPIENT asswe) and cprtifiQS tha; it wi.II comply with all applicable federal laW;i, laIVs. 6.f'th'e State of Texas,
and ordid-ances of the City of Denton.
RE.CIPIENT sh£ll give the CITY aid any .aUthorized representative access td aid the right to rep(QCluce all.
recbrds belonging to or in use by RECIPIENT pertaining to -this Agreement. Such access.-shall continue as long
as REC' IPIENT. retains the r6c6rds. RE(:IPIENT' shall mairftaih.sudh records in an accessible location.
RFCIPrENT shall reffain Rpm qnteri lrg :i Ido any s.ubcontrac; for -servicds without 'prior apprOval in Writirlg bj
CITY of the qualifications of the subcontractor :to perform and meet the standards of this Agreement. All sub
CQntracts entered into-by the RECIPIENT will be subject-tO'the.wquifernents ofthig Agreement.. The RECIPIENT
agrees to be res$onsible to C.ITY for the pertormance of ajly subcontractor,
A,
B.
C.
5. REPRESENTATIOIVS
RECIPIENT assures and guatant£es that it posseses the legal authority, pulsuant ta any proper, appropriate, and
oftlcial motion, resolution, or action passed dr taken. td entef'into this- Agreement.
The person or persons .signing and executing this Agreement oa behalf of RECIPIENT, do hereby warrant and
guaranted that he, she, or they have been fully authorized by RECIPIENT to execute this Agreement dn behalf
of RECIPIENT and to validly and legally bind RECIPIENT to'al! terms,'performances, and provigions herein set
h,th
CITY shall have the right, at iQ Qption, to either temporarily suspend or permanently tenrriaate this Agreement
if there is a dtsbute as to the legal authority of either -RECIPIENT or the person signing the AgreemQnt to enter
into this Agreemene. RECIPIENT is liable to CITY for any-monby it has nceivdd hOm CITY for performance
of the provisions of this Agreement if CITY h4s. s)upended or terminated this Agreemem for the reasons enumef-
ned in this Sectioi.
RECIPIENT agrees that the funds and resources provided RECIPIENT under the terms of this Agreement will
in no way be substituted for funds and resot}nes aoR other sources. nor in any way serve to redUce the resources.
services, or other benefits which Would have-been available td, pr provided through, RECIPIENFF had this Agree-
ment not been executed,
A.
B.
C.
D.
Page 3 of 20
6. PERFORMANCE BY RECIPIENT
RECIPIENT will. provide, 9ver$ep, 'adminjstqr, and CHrFy out the qQtivitie.s and services set ouT .in th.e S-cpp9 of Ser-
vices Exhibit .A, utilizing the funds described .in Exhibit -B, deeineci by both parties to be aecessat9: and sufHt;ich[
payment for full add sati$factory perf6rmanpe of the prQgrqrn, as detqnrlined soLely by CITY and in wvor@nee with
all other terms, provisibn$ and.requifoments of-thjs Agwemeit.. NO rnodificatjqng or alterations-may be alaclc in the
Sca-pe. af ServicBS' of Budget without the prior written approval of the CITY’s ComrnLlaky Services Managet.
7, PAYMENTS
A. PayHlents .to RECIPIENT' The CITY shall Fay to-RECIPIENT a imximum amoQHtofrnon'ey not-to exceed. Thin)’
Tho.usand Dollars ($30,DOO,(}a) for services rendered under this: Agreenrent. The CITY wil! pay thesQ .aHds gn a
eimbursemenf .ba-sis to RBCIPTENT $'ithih twe-n Fy-ona days after eITY lids red&ittd iupp6rting'docU-mentatiQn
of eligible jxpenditMe5, Doeuri$itaaon QfQxpendituQ I must-b,e submittod- to the Community Development di-
v{+ion by dates required.by Community Develqp.ment. RFCIPIEIIT’S .f4ilur.e to -proVide the infQ-rmaEioa -on. a
timely basis may je6pnrdlze.piesent .or future IUnding-,
B. Funds are to be used far the sole purpose of providing !he s.ewices. described in'- the S:cope of-ServiCps.--i.n Exhibit
A andbaset! on the BudgEt in .Exhibit Bl
C. REdlPIENt’s reimbursement-request for:any andmonth period will hot exceed one-foutth tI /4) bE-any-budgeted
lin& it9m$ for costs as £pECI,fied in Exhibit B -Without prior written authorization from the .CITY.
D, "Exc pss Paympnt, R£GIPIENT sllaI] 'rehrnd FO CITY witl\in'.ten WQrking days of CITY-’s.reqyest, any sum oF
tnondy which has E)edn piid' by CITY, -and which CITY at any tithe thareaRer deferminds:
(1) +{4s resulted i;n OVewaymgnt to 'RECIPIE.W
(2) Has not been Spent striCtLy in bccordaice with the termS of thIs Agreement; or
(3) is not supported by adpqua Q'doqumentation to 'fr+llyjystify the expepditpre.
-E. -Disallowed Costs. Upon termination of this Agreeraeit, sh'ould any expert'se or charge foI which paynfbnt hai
been made be'.subsequently disallowed or diSapprDved . as a restIIt of any auditing o[-'monitoring by CITY,
RECIPIENT will cpfund such amount to CiTY WithiT! ten working d?ys.of a written iotice to .RECIPIENT, whiCh
specifies the airount disallowed .'ReRlnfl.q nf-disAllowed casts Any nhl he: made fmm these or'any fu-rIds receiVed
[tORt -or through CITY.
F. Rev€t£ioH of ASsetS;
( L) RECIPiENT, .upon dRpiritian-Of this Agnernent' shall-ttaltsfer to the CITY any funds -bn. hand'ut ale time Qf
-expkalion and any accounts. Rceivabl$ 8tnibUiBb leto the u§e' of'funds.
(2) The re-verSiOn ofthqse finanCial dgsets' iltall be in addition. tQ any othQr remi'dy available to el:FY either at
law or in equity for breach af this Agh6medt.
G. Ob[ig4tion of FurIds.
(1) in the evqnt that aCtQal exj}enditu te rates deviate fTom RECIPiENT’s provis-ian Of a cort.e$Oondifrg level of
perforMance,:as specified in Exhibit A' CITY hereby nseNe s the. fjght to nappropridte or recapture any such
under expended fund$
(2) if CITY Bids that RECiPEENT isuiwil l-ing and/or unable to cotnp ly with ang of the terms o’f this--Agreement,
crTY -Hay require a refund of any and, all money expended pursuant to this /\greprnent by- RECIPIENT. as
w.all a.s 4ny np4ining UBexpendQd funds which SIIP it be refunded to CITY wi}h.in tFn working, 1lqys. Qf 4
written no-tide to- RECIPIENT ta-revert .these linaricia}--assets,
H. Contract CIQSe .Out.. RECIPIENT shall submit a find.expenditure report, for the tim9'period covered by the- last
invoi9e nque5Fing tujmbu[$ement of funds under this Agr9ernent, within 15 working da)ri fojlowing tli$-Glpse of
the AgreemerR pi£iod .
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8. WARRANTIES
=CIPjENT represents and warrants that:
AIL information. reports. and data heretofore or hereaRerreque5Rd by CITY and fumishe.d to CITY, are complete
and accurate as, of the date- Shown .on the 'idfOnnatioa. data, or fe.port, and. since that date. hav§ nat undergQne
I try signia wn[ change without WTiften nc>lice tQ CITY.
B. Any 5upportirB -Haaneial gtatemehts.heRtofore-Te,guested by CITY and furnished to CITY, art 'colhplete, dear-
rate, and fairly: reflect the Enaicia! cohditidi :of RECIPIENT on the daB-$hown on s4id npqH, and ike results of
the aperatio.n for ;he. pviod gpvercd by the report, aid that since; said'date, there has -been no Mantial ehaige,
adv-d'se 6r Dth-elwise, in the finaneial condiaon of-'RECIPIENT,
C. Ng litigation or-legal .proceedings me.-pwscittypeddihg 6r threatened agai}ul the RECIPIENT,
D. None of the prov{stops herein contravene.or'we.'in con'fliCt with the authority uhder which RECiP.IENT- is doing
business or with the provisioh's of any wigting indenturq''or agrQQment pF RECIPIENT.
E, RECIPIENT has the power to enter into this Agreement and accept payments jreRunder, and has taken pIt nec-
essBty action to aut[I.Dripe s.ucb aQgeptan.Qe under the terms and. conditionS of this Agreerient.
F. None of the assets of RECIPIENT is subject to any lien or en.cumb.rance of any charac Iet, except for currdnt taxes
npt del jnq trent, except as shawn in the -finaricial gtatemeAts aid/or other documen is FtrrnishQd by'RECIPIENT tQ
CITY
G. Each of these reprd3entaHons and warranties shall.be ?ontinuing and shall be deemed t6 have been repeated by
the subrni$sion .of-each request for payment.
9. COVENANTS
During'tl}e period Qf time th4t pqyment'may be made hereundet and so lohg as airy payments rewqin unliqyidatQd,
RECIPIENT shall not, without the prior UTitten consent QF the Cowmunity Services Manager or her authorized
repr psen@f.ive;
(1) Mortgage, pledge, or otherwise encumbcr or suffer_to be encumbered, ariy of the assets of RECIPIENT no\v
owned or .hereafter acquired by it, or permit any pre-eiisting mortgages, liQns, qr other Qncurnbrances to
remain on, or attached .to, any assets of RECIPIENT which are allocated to the perfonnance of this Agreement
and with respect to which CITY has ownership hereunder.
(2.) Sellj assign, pledge, transfeF, at btherwise disbase ofaccount.s receivable% notes, or qlatrn§ for money due.or
to become due.
(3) SoII, Convey, or lease all or a subst4ptip!.paIt of.its assets.
(4) Make any advance or loan’to, or incur any liability for any other firm. person, entity or corporation as guar-
qntor, surety, or accommodation end6rser.
(5) Sell, -dgnate, .IQan, pr transfer any equiprnent or item of personal property purchased with funds paid to
RECIPIENT by CiTY, cml&s CITY apthorizes such transfer.
RECIPIENT agrees, upon writtenrequest by CFFY, to require its employees to attend Raining sessions sponscIIed
by che Community Development division.
A,
B.
10. ALLOWABLE COSTS
A. Costs shall be considered allowable only ifihcufred directly- and specifically ifr the pwfonhance of and in com-
piiance with this Agreement and in conformancd with the SFandards and provisions of Exhibits A- and B.
B. Prior written au£horization is required- in order for the following to be considered allowable costs:
Page 5 of 20
( 1) Eccumbrances or expenditures during any One-m'oiIb -period which- eiceeds, one-Fourth {"1;4) of the total
budgQt as- spec ij.ed ijl -Exhibit B .
(2) -CITY shall riot be obligated to ally third parties, thclhding gay subconaaetors' of RE(:IPIENT, and CITY
funds ghatl not be used to pay for any contract. seFv’jge eXtending beyond the expiration af this Agreement,
(3) Any altQrations Qr reloca£iop of the facilities Qa and in which the activiHe§' specified in Exhibit 'A are .con-
dizcted
(4) Any atteratior$. detaIl.ons. or additions-.'to Che ;Project Budget Detail incOrporated in Exhibit B.
{5) :Costs or fees for telnparary employees ,or sewjc.es.
(6) ,Airy fees or payments for cotlSLiltan t services.
{7) Fees for attending out oF town meetings, seminars. Of conferences.
Written wque$ is. For prior 4pprov£! we FIE-CplpNT is Qspon$ibiliV god' shall -be 04de within suf8cieqt EinIF to
berrtlh. a thorOUgh review bg eITY. RECIPIENT must obtain Wfitten ap-pfoval by CITY ptior TO the commenci-
Inept of procedures to solicit OF pgrch4se services. or personal pr9per+y. Any ProqurFrnent.or purchase. wEll.Qh may
be apprQVQd under the terms of this Agreertwat faust be conduqted -in its en}ireLy in d9Gotdance wIth the prov isi.pas
of this Agreement.
Ekp.ulditures will not LIe reimbursed to the RECIPIENT. for $1= pprcl}ase af-real property Pr equipment_ These
Bre .not alIDwable'cosls uhdQf this agreerient
C.
D,
11. PROGRAM INCOME
For burpo ses of this Agreement, Program "['ncone -means 6ardings df RECI-PI ENT realized Ram activitiei result-
Ing -from ihis'Agreq-ment OF froM RECiPIENT’s management of .ftrndihg PTOVjd§d ar received hereunder, Such.
earnings include,'t?ut are. not liinjted tQ, income.from intereSt, .usage Qrrent41 Qr lease fees, income.prQduqe.d from
contfact=supported seapi.eeg of individdals or 'dmpjpyees or -frorn' the use at sale '6.f equipMent of facilities dF
RECIPIENT prQvjded. as a result of qhi5 Agreerpent, arId payments ffORr clients .or third parties for getvices ren-
dered by RECIPIENT uhder this' Agreement.
RECIPIENT graIl maintqjn recordS of [hQ reQeipt and dispQ§ition 9f'Progra.m IncoQe in' the same manner as
tcquited fdr oth4t contFaet funds;.and reported to CITY inthe format prescribed by CITY. CjTY and-F,ECIPiENT
agree £hac any fees collected.far geNices perfarfned by RECIPIENT shall be used for payment of Costs asSociated
with scwiCQ proVision, Revcnuc rcrnairling after payment QF all- progIam expenses .Epr §elvice. provision shall be
Considered .Program Income and shall be subject to .all thi fbquit'earehts. of :this Agf&erneht and the rdgulations
found at CFR, Section 570.504.
RECIP LENT shall inclwde this Secti.DO in its entirety in gII of' its $ub-contracts whi.ch.-iDvolve oiher inQome-prO-
ducing services or activities.
It is RECIPIENT’s .rg$pongibility to Obtain from-.eITY a prior determination -aS to. whether or not income aHSiAg
'dire$tly or indirectly from this AgteerDent, or the.performance thereof, £qnstjtutQS PrograFn- Income_ REqIPIENT
Is respddsible= to-CITY for the repa9ment of any -aid;an atn6unt5 detehninetl b9 CETY to be Ptagrarn Inc-ofne,
unle$s .otherwise-'4ppro\'d in. wridrlg by CiTY.
A.
B.
C
D.
12. MAINTENANCE OF RECORDS
RE(:IP[ENT .agrees to mpintain records dIRt will prQvide aCCIIrate, CUtBUt, sep.ar.at$, and complete disclosure of
the.status of the funds received under this Agreernent, jn CQmphaDce with the 'provi'sions'.of.EKhib.it A and Exhibit
B, attached hereto' and with any other applicable.FederalaHd State regalations dstiblishi6g.standards for financial
managemQnt,
A,
Page 6. Qf 20
B,RECIPIENT's record sy§tQm shall contai6 .sufficient 'dQCumeita-dah to' provide iII detail hill $uppon and justitl-
cation for cab expenditu£e. Nothing.in +his SectiQn shan.bg const cued to [elievQ RECiPiENT af 6sca I iccouM-
-ability 4nd liability under ar)y Other Frovisiod'of thiS Agreembit or'-any dpplicable- law. RECIPIENT 'shal!.inciWe
the sub.stance of this provi§ion in all spbconaacts,
RECIPIENT agrges'to retain,all bookg, recdr£ls.-, docun]epts, reports. and written .8$eQunliRgProeedures pengjning
to the operation of-prOgrams and expehdituhi'of funds Radar this Agreement'for five. years after the tel.llbnati9n
of all activitjes fundQ.d under this agreement.
Nothing in the above scbsections.'sbaIJ be con$trued. to rejieve RECIPIENT QfreSPOnSibility for retainjng.accurate
and current records whieh clearly reflect the level and bedcfit of-s'ewjces Provided ancicr tbIs'Agrqement
At any JeasoFable dae an.d.as oftQr} ps CITY may dgenl necessary, th6 RECIPIENT shall .lhake available to CFfY
or'-any bf their authorized npnsentatives, all of its rFcqrds .and shall permit .CITY or any of their authorized
representatives to .audil examine, make 'excerpts add cdpie's of such recordS bid to condict audi.ts.ofa]lcontraqts,
iiv-q.ices, mate.dqj$, payrons. records 'of personnel, conditions Qf'empldyment. and ill other data -requested by
£aid n'presentatiVes.
C.
D.
E.
13. REPORTS AND INFORMATION
At such times and in such form as CITY may require, RECIPIENT shall furnish SLIch st.aternents, records, data and
infgrmation as CITY may reqUest.and deem.peKirfent t6 matters covered bgthis Agrdeme'nt. REciPiENT$h$n submit
beneficiary and financial reports to CITY no less than once every three months. The bene6ciary report shall detail
client information, 'inCILldihg race; Qthniqity, inComQ, femp Ie '.head-of hons.cho.Id and other statistic$ required by:CITY-‘
The .financial repott shall ifrclude information and data mtative to all programfnadc and financial .reporting as of the
beginning date $pecitled in Section 1 of this Agreement. Unless the CITY has granted a written exemption,
RECIPIENT shall submit an audit c'onducted by independent exandners in accordan.ce with GeDer411y Accepted Aq-
counting Principles.
14. MONITORING AND EVALUATION
RECIPIENT agnes to participate in a monitoring and evaluation $ystem whereby the services can be edntina'ougly
monitored. CITY shall perform monitoring of the RECIPIENT’S performances under this Agnement.
A. RECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by
RECIPIENT to the Scope of Services, Program Gw is, and Objpcd\'es jn Exhibit A, as -well as other provisions
of this Agroement.
B. RECIPIPNT 49r.ns to coopemtQ fully with CITY and provide data determined by CITY to be necessary for CITY
to effectivbly fulfijl its monitoring and evpluation 'responsibilities.
C. RECIPIENT agrees to cooperate in suih a way so as not to obstruct at delay CrTY irl. such monijoring and to
designate one of its_staff to cOordinate the fnoni£oring process'as requested by CITY staff.
D. RECIPIENT agrees to make available rIpon request .its financial-records for review by CITY at CFTY's discretion,
In addition, RECIPIENT agrees to provide CITY the folloWing data and reports, or copies thcreo£
(1) An external or internal evaluation reports_
(2) Perfonnance/beneficiary reports to be submitted in the schedule published by the CITY'g Community De-
veldpfnent diviSion. Reports will include such iiformatioh as requested by the CITY’s Community Devel-
opment division including but not limited to: 'nuinber of P.ers'ons or' hodsbholds assjgFed+. race, gendeR .disa-
biliTy statu5, and household income. Beneficiary reports sha]1 bc. due to CITY within fifteen (15) working
days after the completion of required reporting period RECIPIENT agrees to submit fin4ncia1 staternents no
less .than- once every three months. Each.staternbnt ghall include Current aid year to date period accountjng
Page 7 of 20
of all revenues, expenditures. outstafldi ng obligatiohs, and bcgihnihg and ending balances. Financial reports
shaH be du+to CITY within fifteen ( 15) wOtking days' alter the CQmPletiop.of required reporting period; aid
(3) .An e8pl4nation ofqny major changes in progrgm serviqes:
To cbmbly'with this .sec{i.oh,-RECIPIENT agtees.td.riaiatain reCords that wil: provide hccurate.-cutrent. sepiudt.e,
apd completo diSCIQ$Ure oF the $t.atus pF funds receivQd and tllq.'services performed under 'this Agreement. RE-
CJPI.ENT’;; record $yskm shall c6nuin sufficient docUmentation to provide in detail full support and justjfication
for each 6£pehditufc, RECIPIENT dgwcs td .rct aib ill books, records,'doeumqnts, reports, and Written acCounting
procedur9s PQrtilining -tQ ibc §Qrvi.ces provided and gxpepditute of funds. under thIs Agreement. for.the period of
tiMe and under the conditions specified by the CITy', ISdthing in the'aboVe s.ubse6tiQns shall be' construe.d to
r-elievd RECIPiENT :of responsibility for retaining accurate and current re.col-dk, which clearly renect the' level
and 'benefi { ofserviees, provided ynder this 4greenren t..
After each official rh6nitorihg orI-Site visit, CITY shall. provide RECIPIENT with a witted- mpaa of mbnitoring
findings, doonlnentiag .fIndings, and .concerns that wiII. reqyire a ®rittQn response to the CIty, An ac'cQ-ptabIe
-re$pan so must be-lec$ived by the C!.TY-withi xl siXty (6C}) days from the fWC]PIENT’s. receipt.Qf the .[ponitoHng
repbr[ or audit tevie bv letter. Future corftract+dyrnenls can be withheld for the RECIPIENT’s 'k3ilufe to submit'a
response within six[y (60) days.
REL'l.PIENT sha!;- swbm iE copies 9fapy fiscal,.nan49ernenl, or andI.t reports by pny.of the RECIPIevF’s .funding
or regalatory bodies to CITY #ithkl teh- ( 1-0) Wotking' days bf receipt by the. RECIPIENT,
E,
F.
G,
15. DIRECTORS' MEETINGS
During the-tend of this Agrbemint,.REC.TPIENT £hall causa td bd delivered to CITY c6pies ofall'.noticds af rneetings
of its Boar.d .of DirpQtors, setting.f9nh th.e FimQ and place thereof. Such no.tiQe $hBU be deliVered to -CITY in p timely
riarincr tb givc adeqiate notic-e, -and shall tile-luCie en ag4nda and a brief describtiod of the matters to be dtsdusged.
REL-'tPIEN.T understands and aEr.eps that CITY mpresen.ta.thF5.:shall be afForded access to all 'of the -BOard of I)itec-
tors ' meetings. Minutes of all rhcetings df RECIPIENT’s gbverning bod9 shaI!'be avai}ablc 'to CFTY Within ten (it))
days after Board QpprOval..
16. INSURANCE
RECIPIENF' shall. observe sound bu§ingss .p[@Qtjees 'witb respeQt. to pr9viditrg such bqndilrg and in$pr4ncF BS
would pr9vide adQquB}P coveragq for $ervtces offerqd under thj$ .AgriQrIIpnt.
The pre'arises on. and in- which the actiVities described in Exhibit A ate:,-conducted, and the employees conducting
these activ-idQS, §ha ll be covpr9d by premise ii$bjlity in§urance, commonly-referred to a$ ' bOw’ner/Tenant” cgve.r-
age;.with,.CIUnamed ag an additibpal ijls.urqd.- Upon Iequest ofREQIPIENT, CITY may, at.it.s. s61e d+sereaoo,
approve. alternate- insuranCe coverage arradgementi-.
REC IP.MT will comply with applicable workers- €9mpensatio.n. statues and. will ob.tain employ prs’ liability
c.overBge where gvqilable .and other ip[xapdate liability coverage fqr pr99ran parHcipa8ts, jfRpplicab Ie.
RECiPIENT will :maintain adequate aid cant{ndous liab-ility insurance on all vehicles awhdd, L6aged, dr operated:
by RECIPIENt. All ernp19yws -of RECIPIENT who -are required tO drjve-.a vehicle -in the normal. scppq aud
cdur se of their.erhplayment rn list posgess-4 valid Texas driver’s license all$ automobile 'lial>ility iisurancd, Evi-
dence of the -employee’s cDrrent pOise$sian of'a valid license and insurance must be Maintained on;a cutrent basis
in RECIPiENT’s .files.
Adtual los$es' dot coveted by insufbnce at rdquired by this -Section ate not allowable. costS' -under this AgrBenrent,
and mmdD the sole msporisibility of RECIPIENT,
A
B,
C
D.
E
Page 8 of 20
F. The: policy or policies ofinsurince shall contain a clause which requil?s that CITY and RECIPIENT be nojifiqd
in .wtiting of-gny qauce11ati cm or change. intIB pojicy at least .thirty (30) days prior ta such change dr.cancellation.
17. CiVIL RIGHTS / EQUAL OPPORTUNITY
RECtPJEN’r shall cpmply with all 4pplicable equal gmp.[oyment opportunity and afBmaUve aCtioa laws of reg-
uTatiQns, The. RECIPIENT shall not discriminafe against any employee or 'applicant fQr employment bec4u5e oF
race. color, Qrqed, religion. nation.al origin. .gender, age, dr -disability. The RECIPIENT -will take affirmative aQ-
tion-to insure (hat all earp lpyaient practice$ are free from s tIgh discrimination. Such employment PrBctices include
but ale.hot limited td the folloWing: hiring; up£rading, dem6tioi, kan sfer, recru.itmQnt.prrccru.itment 4dyertising,
[ayoff, 'termkmtion, rate$ of pay-or olher fo-Img ofcompensa(ian, and selectioh foI training, inclUding apprentice-
ship
RE-C]PIl3NT 49rees to cOMply With Title VI of the Civil Rights Act of 1 964 as 4mended. Ti.tIe VIII'of'}he Civil
Rights Act of 1 968 BS amended, Sectipn 104('b), Section 1.09 of Title 1 of the Housing and C6mmunity-Develofb
dent Act of 1974 as- amended, Section 504: Qf Ihc RQhabilitation Act of 1973, the Americans with Disabilities
Act of 1 990, the Age Discrimination Act of 1975, Executive Order 1 1 o$3 and Exceldive Ordpr 1 1246-as amended
by Exeeutive Orders 1.13.75' Bnd 1 2086.
RECIPIENT will fumish aH information and reports requpstqd by the CITY, and win permit access to its books,
records, arid accounts for .putpo sos o-f investigation to ase'ertdin coRpliancQ with locH, statoj -an.cl Federal .rules
a.nd regulations.
li the event of l{E(}IPIENT’s. nonrcompliapce with the no.n-di.scriJnination Tcquiremeats, CITY May cancel or
terminate tha Agreefnent ia whole or in part in accordance with Sections 24 -and 25 and RECIPIENT may-be
barred from further contracts with.CiTY.
A.
B-
C.
D.
18. PERSONNEL POLICIES
Persodne1 pali-dies shall be estabIi$hed by RECIPIENT.and .shBll bq available.- for ex4min+tian. Such persoAnel pali-
cies Shan:
A. Incjyde poHci£.s wjth rgspect'to cmpIQy@Qnt, $alary gajl wage-;'qk$, working bOUTS add holidayg, fringe benefits,
vacation abd-siCk leaVe privileges;' and traVQi;
B. Be in writing; and
C. Be apprQved by 4lq gQverning body of RECIPIENT.
19. CONFLICT OF INTEREST
RECIPIENT covenants that neither it nor any member.of its governing body presently has ally interest, direct or
indirect, which would conflict in any manner o( degree with the perfomrance of services required to be performed
under this Agreement. RECIPIENT funhet covenants that in the .performanc9 of this Agreewent, no person hav-
Ing such interest shall be enploye€1 or appointed as a member of its governing body.
RECIPIENT further covenants that no member of its governing body or its staff, subcontractors, or employees
shall possess any interest in or use his/her position for a purpose that is of gIves the .appearance ofbqjng motivated
by desire for private gain far hirnself/herself, or others, particularly those with which he/she has family, business,
or other ties.
No officer, member, or eMployee of CITY-and no meMber afits.goveming body who exercises any function or
r9spon5ibi]jties in the review or qpprova I oF the undertaking or carrying out df this Agree+rent shall participate
in any decision felating to the Agreement which affects his or her pqnonal interest or the interest in any corpo-
taRon, partnership, or association irl which-he or She has a direct or indirect interesT,
A.
B
C
Page 9 of'20
20. NE:POTISNI
RECIPIENT shall not employ jn .any paid capacity any person wb -is a number of-the inl.media.tc fanriiy uf (tny
person wha is' curferHly employed by RECIPIENT, or is a fnember oF RECIPIENT's governing.board, The Ter-m
'-'menlbei ofirnnlediate farailyP includeS: wiFe. husband, §orl, daughter, mother, father, brother, sister' in-laws. aunt,
un.clq, nephQ\v. niece,. sI.epparent, stqpch.ild, half-brother,.and hglf-sjster.
21, POLITICAL OR--SECPfARIAN ACTIVTFY
Neither the furtds ..advanced purs}yat .IQ this Agreement, nQr any pcrbonnel who rnay be eMployed by the
REeiPiEVT with fubds advanced pursuaIn to this. Agleement. shall be 'in bay Way or-tO.ally extent engage.d in
any eDndoc•l or pojitical activity ih cpntrayenti'on: of Chppter 15 Qf TitLe 5- of thR U-ntt pcI States QqFle.
The-RECIPIENT is prohibi£e£i from us.trIg funds ptoYided herein Qr pqnPnnei erqplbyed in the administrati.oh of
the progfari for: politiCal actiViti'ei; 5ebtarian or religious activities, lobbyiag, political patronage,' or aepoti Sm
activities.
The RECIPIENT 49rees that none ofthq funds or serviCes provided dirdetly or indirectly under thii Akrdement
shall be .uged faf anV partisan -political activity at to 'fUrther the election Of defeat .of.any candidate for publiQ
ofFicq, or for.publi.city, lobbging,.antI/or prQpaglndapurp.9565 design§d tp support or defeBt pen.ding legi91ation.
Employeis of the RECIPIENT cohnect6cl with any activity that is funded -in "Whold cr -in part .by hInds pr6vi£ied
to RECIPIENT Under thi-s, Agreement 'may nat under the ..term'of .this Agre'eRlent:
{ I) Use their ofHci.al .pqsit.iQn pr infILj$agu -to affect the. outcome oF aD e-]ectiQn- Qr npmipation ;
(2-) Solicit eontributions- fbi p61itical purposeg; of
(3) Take.an Rctive parl..in-poli[ical managQmQnt or in political campaigns.
A,
B
C.
22. PUBLICITY
Where.such action is appropriate, RECIPIENT shaLl pubiiCi£e the activities COTidUCtid by RECIPIENT-and# thiS
Agreement to state that the CITY has contributed to mac the project p9ssibl'e.
All publjshed, material. and written repQrts. sqbnlitted und Gr !hi! project. mgs} be originally developed uyterial
unlds§ othe-rwi-se sp6cifically provided in thi£.Agteernedt. When rflateHal.not Originally .dwebped ig inclUded in
a repoIt, .the report shall identify the soUrqe in the-:body Q.Fthe-reporf'or by footnote. This pra-visiQn is appljcBb je
when th.e material is in, a verbatim:pr extpn give p4raphra$e format,
Al] feboris, ddcrIment£,.studids. charts, scheduleg, or 6ther appe-aded dd'cumentation to -any proposal' content of
basic proposal, or eontracts. -and . any responses, ihquhies, cOrrespondence, and related qaterial stlbraitted by
REqIPIENT shall 'beQQme arQ .property of CITy ppon.meQip t.
A
B.
C.
23. CHANGES AND AMENDMENTS
Any alterajiop§,..a.ddition s, or deletions to lb.e t.erIns of this.Agr9emerxt..shall be by written amendment executed
by bath parties? eRed-bt when the tehni- of this Agreerndnt expressly provide that-another tnethod shall be aged.
RECIPIENT may- npt make transfers between or among aPProvQd ljne ijems wjthin budget categories set forth in
Exhibit B- withput ptior written approVal of CITY. 'RECIPIENT ghgII request, 'it1 writiFrg, the budget tevisi.on in a
form prbicribed by CITY, and. such 'nquest- for revision shall not incfease- the total monetary obligation of CFFY
under {big Agre'erne Ilt. In addition, budget.revi$iQps cannot significantly ch4nge-the nature, intent. or $cape Qf the
prQgFam fbnd§d pnder this Agreement.
REC-IPIENT Will submit revised budget.and pwgfam irlfonn4tion, WheneVer the level of ftlading For REeIPIENT
al thF-prograrrI( j) deserib9d. herein -is altered. aqcording !o the total lqvel5.'FQnlaitntl in ajly po.rjiqn oF Exhibit B.
A,
B.
C.
Page 10 of 20
D.It is underWood.'and agteed by the .parties. heretd that chahgG$ in the $tatQ, Fe.demI, or local laws or regulations
pursuaat hereto rna)' occur duanE the term oF this Agreement. Any sIkh m6dificatiOns ale td be -automatiCally
inc6rporafQd into this Agreement wjth9ut %Titten ampndme.n.t hereto, and shRl£ become a part of the AgreeMent
gn the effectiVe date specifIed by 'the law or regulation.
CITY way, from tim.e to .time durjng 'the teRn of the Agree'ment. reg.uegt chaages to th6 Agteefnent. which mqy
iiclude all -increaSe or decrease in the amount QfRECJPIBNT’s CDmpensqijon..Suplr. Qh8ngR.s shall be iicorporated
in a.'tvritten 8mendmeRt hereto, 'as'-provided in sLlb$CCa6n A of this Section.
Any alterntiQns. deletions. or additions to .the 'prograrn budget incbn)otntdd in Exhibit B shan teqdire the prior
written abproyBl of CITY.
RECiPI.E'vr agrees to- iotify CITY -of any }ImPOsed change in physical location for work .pprformq4 Knder this
AgreQn.renf at least. thirty '(3CI).calendar.d4y5 :in acl+aRco'oF the changi.
REel?iENT shall notify CITY of any c.hanges.-iq persQnne-1 or gQv9rnjng board composjtion.
It is expressly' rlndefsto6d that -neither the performanCe df Exhibit A for any progr4m CQn}racted hereynder nor
the transfer of funds between or among said prograMS will be penhitted_
E.
F.
G,
1-1
L
24. SUSPENSION-OF FUNDING
Upon determination by CITY Qf RECiPIENT is failure n tiinely andproperly perform each oF the nquiremeri ts. time
conditiDrh and duties brovided hcrQin, CITY, without int{jIg any rights-it.may otherwise have, mRL at.its.-.discfettori,
and upon ten (10) working days written notice b: RECIPIENT, withhold farther paymepts to RECIPIENT. Such
notice may be given by maII to the Executive Officer and the Board of Directors of RECIPIENT. The dotice shall sgt
forth the default or failure alleged, and the action required for cure. The period Qf such suspensj6n shall be 'of suCh
duration as is appropriate to accomplish corrective action, but in no eveit shall it exceed thirty (30) calendar days.
At the and of Chp:suspension. peri9d, jf CITY deteBnineS- .the defBrIt Or defiCiency has beeR ntisfied, RECIPIENT
may be restored to full confpliance status and paid all eligible funds withheld or irnpound.ed -during the suspension
period. If however, CITY dee.m}ines that'R6CIPIENT bas. not 'c'arne into camp]tance, the.provisions of-section 25
May be effectuated.
25, TERNIINATION
CITY may terminate tbis Agreement for cause under any of the following reasons .or for other reasons not spe-
cifieally enumerated in this paragraph:
(1) RECIPIENT's failure to attain compliance during. any prescribed PQriod of suspension as provided in Section
24
(2) REeiP TENT’s failure to materially comply with auy' of the terms of this Agreement.
(3) RECIPIENT’s violation of covenants, agreements, or guarant pes of this AgreBrnent.
(4) Termidation or feduction ofRmding by the CITy.
(5) Finding-by CITY that the RECIPIENT:.
(6) REeIPIENT i$ in such unsatisfactory financial condition as to endanger perfonllance under this Agreement;
(7) RECIPIENT has allocated inventory to this Agmqment pubsta{Rialjy exceeding reasonable requirements; Qr
(8) RECIPIENT is delinquent in payment of taxes or of costs of performance of this Agreement in the ordinary
course of business
(9) Appointment of atIu5tee, teceiver, or liquidator for all. or substantial part of RECIPIENT’s property. or
institBtion . of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against
RECIPIENT.
A.
Page 11 of 20
{ la) RECIPIENT’s inabiliFy b'conform to changes.wquiTe4 by Federal, Stp.te, and local laws Qr regulations as
prb$1eled Ia Section 4, and Section 2, of thiS--Agteement:
(.1 1-) The corDmi§sion of an Oct Of bankruptqy
(12) RECIPIENT's violation of any law or regutat-ion to which' IIECIPIEN-T is bound or shall be bound ulider
the terms of che Agreement.
CITY shall prprnp£ly'notify RECipIENT in writing of the decisitin to teqn4nab and thQ effec litT da.te of [emi-
nation
CITY may terminate. this Agreelnbnt for convenience. at Bay time. If CiTy tenninate-s this Agreement for con-
venienco,' RECIPIENT will be paid an amount not .to q4Feed the total of-4ccrued expe.nditure$. QS .of alg effective
date of termination. Ih no ev£nt wiIi- this cDmpenSatidn £kcdet! all amount tvb ich bears the sartle ratio to 'the total
compensation as the services actually perfonued bears to the total services ofRECTPT.ENT covered by .the Agree-
merIt, less.-payments previously mad%
RECiPIENT may terminate :th-ii Agnenlent ia whole or in part --by -wHaM notice 'td CITY, if a -termination df
outside fUnding occu cs !won which .RECIPIENT d9pends .for performance hereunder. RECIPIENT may Ppl,
within the. !initatiorQ Qftllis AgreerRen.t, to 'seek-an alternqti.VF funding SourQe= with .the. approval. of CITY, prn
vidal the terrniiatiod .by the outside 'futIding: sd,u-rce was not oCcagiohe-d by a breach ofc6htract-.as denH'ed herein
ar'a$ defined in'&c9hhaet betweeh.WCIPiEIVF and the funding lource ja queStion. RECIPIENT.-May Rrrninatq
this.Agroement upon the djssoluti.OII. of REqI'P IENT 's organiz$tiort_not .occasioned by R breach of thi$ Agreement,
Upon reeeipt of notice to terminate, RECIPI-E'M- shall- cancel withdraw, 6r;a&lerwise'fenrii-nate ally o-utstanding
ordw s, or spb.CQntTacL\ which .relate tQ th9- perf9 Tma.ncc of this Agreem.Qn!, C.ITY shall nQt tre liable to
RECIPIENT or RECTPIENT’s credit.o.is far.any e.$pdnse5. e.nau.m.bmnces, br obligatioAs . Wha{soever indurfed
after the tertninaLi6n date listed all the notice to terminPte referrEd tO.in th ii paragraph.
Notwithstandiqg any ex$r9ise by CITY oFit$ right ofguspens'ion or te-hninaHo- B, REeiPiENT shall not be relieved
of liability to CITY foi damages iustained by CITY by virtBI af,any breach of the Agreement by RECIPIENT,
and CITY .rnay witbhpI€1''pny mi[nbvrsernent to RECIPIENT unli.I. such line a$ the ex4ct amount of dqmages due
to CITY frotn RECIPIENT i£'@wed upbn or oth4ru'be determined.
B.
C-
D
E-
F.
26, NOTIFICATION OF ACTION BROUGHT
In the event-that any ctaim, 'dema-rid, suit, or 6ther action is nude or brought b/ any person(s-), firrlI. g6rparalion, or
Other emi.ty against RECIPIENT, -REC.IPIENT £ba]l.gjva wrjUeJl npticc-\h.ereof to; CITy within five -(5) working dqys
after being notitled o£'shch claim, de.mand-, suit, br other action. Such IialiCd §hQll gtate tbD date and hour ofnotifica-
tIon oF aig SIkh claim , demand, shit, Or othet aCtioh; the marries aDd addfe§se5 of the pergon{s). firm, corporation Or
other entity mQking such claim, .pr that in.stitxtcil or !hreatened tQ .institute Bay :!yPQ df a$i.QD or.p[pceeding: the basis
of strgb claim; aQtiOn' or ptoceeding; and the n.ghg of any person(s) Rgajnst Wh6m SUph alain is being nia-de Or
threateded. Such written adtice 'shaH be dblivered either--persoaally -Or bV tRail.
27. INDEMNIFICATION
It is expressly 'under.stood and .agreed by both parties hereto that CITY is contracting with REe[PiENT as an
independent contractor and that as such, RECIPIEFFF shall save and hold CITY,'its of6cers, agents, and employ-
ees.'haanless fro(n -all liability Of ally nature. or kind, ihcluding casts and -expbnies .for. dr :bn acc6uht af; any
rlai dIS, audit. exceptidhs, demaQds, .SUits, Or-dafnages Qf 'any character whatsoever resrliting. in whale.. oF in part
.how the .perfQrmanFe or'orni§$ign of any emjloy9p, .agent, or repreSentB dvc'-QfRECIPIE$T.
RECIPIENT' agrees-to prd fide the d6fense Far, add tO ii-demnify.'and. hOld harmless CITY, 'its agdn£s, employ as,
pr contractors Egm any 'and- all claims, -suits, causes ofactioa, demands i damages, losses,anQrney few, expenses,
A,
B
Page.12 of 20
and liability arising out of the use of thege Contracted luhdg abd prOgram administration and itnplcnlentation
except to the extent causQd by thQ wiljful 4qt pr omission of C:ITY, its agents, employees, or conttact6n.
28. NON-RELIGIOUS ACTIVITIES
No o.fganization.will be prohibited from PBrjicipating' in activitie5.supported by CITY funding.including prograMS
that 'rnake hindi available. thrOugh coritPdCts, gr'drib, or Cooperative agrdements. REC:IPIBNT' is pnbibite.d from
di.rQrindnating against 'benq6ciades in providing SQNices.'or-Carrying out activities with such assistbnCe- based on.
religion, g religious belief,' a ,r9fusa1 to hojd'4 rejigious belief, org refusal to 'a itend or PPrticipate in 'a religiOus
practice. while also noting that o{gqnizations that pattieipate in pr6grams only funded by 'in€1irQct CITY pr Federal
6napcia! asji stance nted npt modify their program.: or activities to accommodate beneficiaries who choose to
ex})end the indifect aid on those REqIPTBNT.S'’ program$,
Faith based brgarlizatiohs that carTy out pro£ratns or activities 'with direct Hoalnial. #ssistmqq-gre reqrlind to
provide. written. no-Bce of certain pro.tecdong to beheHciBdes .and pfdspecdve.bene6ciaries'. SpeCifiCally, sQcb
6rgahjzations are required to:give notice to bene$ciaries that:
1. The ofgahizati6n may n6t discritninate against a beheficiary or prospective bQnefiCiary bpsed on religion, a
rel.igiQus bdlie.f, a t-pfLsal'to. ho]d a religious belief, 9r'atefusal to .atteud dr participate in a religious .pfactice;
The organization hay not- require.a beneficiary to attend or participate in any -.explicitly religious activities
that an ofTir6d by the brganization, and any lnT6cipdtiDn by thd'bepeficiary in suQh aQtiyjt}e$,myst be p}udly
VQluntary;
The organi2ation must separate, in arne or location. any privately fUnded explicitly religious activitieg from
activities suppdrted by direet.Fe-dera'l finanCial assiStahce;
If p bcnQnciary objects ;to the religious character of the organization, the organization must undertake rea-
iondb'!e-effortg to identify and rEfer !hd.benefiLiary ta. an alternatiVe provider'to which .the benpnei4ry has no
su.ch objection; and
A beneficiary orbtospective beneficiary may reporT an orgapization's violqtion ofthQse protections, including
any dQnia-is ofspNic'es or benefits by an drganizatioh,-by contactirig dr filing a written complaint to HUD or
he intermediary admini$teriag thF .prog tam, if applicable,
a. Faith-based organizations mud provide this notice to prospe9tive ,benetlciaries prior to QnrO+lmenl. In the
event of aA.e.mergepcy or exigent circumstances that make it impracticable to provide the written notice
jn advance,.pmspecHve benefi9ialies m+y recQiye arQ notice at the earhegt available opportunity. Current
benefioiarjos must receive the natiee at the earliest available opportunity.
b. Faith-bas%torganizatioas that carry out a program or activIty with direct Federal financial assistanoe are
to promptly undertake {easonable efforts to identify an alternative provider if a beneficiary.or prospective
beneficiary objects to the religious chpracter of the organization, and to refer the beneHciqry or prospec-
live beneficiary to an alternative provider to which the beneficiary or prospectjve beneficiary has no such
objectiOn.
2
5
4
5
A.
B-
29. MISCELLANEOUS
RECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or ahy interest therein, or any claim
arising theteunder, to any party or p4rties, bank, trust company, or other financial institution without the prior
written.apPrQVal o.fCFN.
If any provision of this Agreement is hQ[d to be invalid, illegal, or Lmenforceablef the Temaining provisions shall
remain in nIH force and effect and continue to .conform to the original intent of both parties hereto.
A-
B
Page 13 of 20
C.
D.
E,
AJI reports. docuMents, StL+di'pS, chaTls; sclredule5; or other appended dbe.!rmenjatior] to any proF>asai, content .of
ba£ic proposal,, or contracts and any responses, inquiries, CQnebpondence, and Nlatecl material .subMitted by
RECIPIENT $h411 bQCQme the property of (:1-FY- upon rFcejpt.
DabarrTlent: RECIPIENT cerfines that it is not listid on the Sy$teal fiJr Award ManageMent (SAM), which list
the deba[red. suspended, or 6thcrwise exclude-d frOm or ineligible far pati-cipation in fQderal assistance programs
under Executive Order 12549 and -24 CFR Part 24,
In no e\'int shan any §ayniedt ta RECIPIENT hLymunder, or ahy'.eIther aCt or fai-lufd'dt’CITY to .iniist in any one
or rnQfe instancFS apon th.e terMs arid CDnditi.urls of thi$ Agreement, constiTute qr be CQn$Qued in any w+y TO be
a w4iver by CITY of 'any breach Qf coyenqn.t pr dqfault whIch. way thQn ot .s}tbsequQntLy be cdmnHtted by
RECIPIENT. Neither Shill sUch papm-ent; .act, or -omission in- any .mander impair or bfejudiae arty right.'pbwer,
privilege, or remedy available to (=TTY to enforce its rights 'herQundeC which rights, polvets, privilege$, or ren-
e(ljes are always $pwifiwlly preSRnred, No r§pres.eqtative pr-aguit of CITY nq)' waiVe the. effeCt - Of thjs prbyi-
F.
slon
This AgreeMent, together with. referencqd EXHIBIT;, constIto.t.es.- the entire agreement be.tweer} the parties
her£tD1 .aid any pfi.or qgrepmeht, ajsGrtio. 6, it+lenIent. un-derstanding* or other coIn[njtrnent antecedent to this
Agreemeht, WhQtber \#ritten"or'orai, shall have no -force Or e-ffect' WhatsoeVer; bar Shall .an agwernint, assertion,
sianmer+k .understanding, :or other comlnitmenl Qcguning during, the '!erm of \hjs Agr.eemQn.t,.or sub.spquent
thofeto, haVo an9 legal fotce or affect whatsoewr, unless proper19 executed in writing, and i.f-apptdpriaid, rec-
a&led as atl amendment oFthis Agnerhent.
Irl the event any disagre$.mQnt Qr dispBte'sh9uld arise. .between th.e parties ..hereto pertaining'.to .the -intc(PRt pt;on
or meaning.of any part of this Agreernidt oF its govertEng rules, codes; -la\vs, ofdidahces', or regtrlatibds, CITY
will h.ave the final authotity to-render or to secure an interpretBtion.
If RECIPIENT provides services to the home Icsi it 'is required to :
a. Report homeles$ data- to the. Homeless Management Jnfonnadbn System (HMI S). 'Hpmeless Management
Inform dion:System (H.MIS): HMIS is a countywide data management tool designed to facilitate data Qolleg-
tion in order tO imptave human -serviCe delivery thlaughout .Denton County. PanicipQli6n' in the. Homete gs
Man49cmc lu Informption Sy5L9m (HMIS) -is a .Rgu.imment pqr-this ngRemepl Data entergd into.FWIS \ViII
hjIp our communjty improv£ services tb-individLials experiehcing. homelessness by prdviding icdutate -infor-
mation -on the extent and natUre of homele$snes$ in our .cohrmuQity and by accounting for Qur $ucces£ in
helping peop Iq grove out Qf'hQmelessBqss'. PaQicipatiQq is also criticq+, to hplp D'bnton and Dentpn C.OPTIty
successt’ally compett foi grahts for.Fddefal Em-ding, sueh 'as the U.S. DepartIdent of Housing-and Urban
Develophent’s homeless' 4'ssistance-fuhds.
b. .Parti(ipa{e in the Denton CopnFy Homeless Leadership Tea in meetings and. any appjicable WQrkgrolip(s).
The Denton County F16nleles5 .Leaderghip Team ig a cdILaborative, crog£-.5dct6r te-ain that codvenes; to im:
Move the planting,.eoordinatioi, oversight, and implementaHof1 requiHcl to create systerbs chahge for-hgQs-
ing/homelessness initiatives in Denton County. Fur}hpc the RECIPIENT is Qncoyrgged to w9rk in-pqtnu-
ghb with fella-w.sefv'ice prbvideIs"tb-.improve efficiency and 6£Feebveness;
For purposes.-of this Agreerne-nt+ajl offic ial'comrnunicat.ians and notices among the parties ShBll be deemed made
if sent p9sFqge pdc+ lo- the ppnies and ..addresF set forjb bdo\v:
G-
H.
1-
TO CITY:
City Managpr
City ofDBntQn
2.15 E. McKjnney
Denton. Texas 7620 :
TO RECiPIENT :
Fred Moore D4y Nursery School; Inc.
Atm: Executive Director/CEO;’Cornmander
821 Cross Timber Street
Dentoh, Texas 76205
Page 14 oF20
w; a copy to:
Catherine Clifton. Deputy City Attbrney
215 E. McKinney
Denton, Texas 76201
J.This Agreement shall be interpnted in.accordance with the laws oF the State of Texas and venue of any litigation
concerning this Agreement shall be in a court compclart jurisdiction sitting in Denton County. Texas.
btvb
dayIN WITNESS OF
depember
<:2Ltob C':
WHICH this
J 2020,
Agreement has been executed on this the diDltP of
g-\
CITY OF DENTON Fred Moore Day Nursery School, Inc.
Z
BY 2b
+3-$FmITM–iR
BY:3
Executive DirectorCITY MANAGER T]TLE:
ATTEST :ATrEST:
..Z./)4_c7Eh betadAROSA RIOS,
CITY SECRETARY
KJ AS TO LEGAL FORM:APPROV:
Page 15 of 20
u-to anrdd alta opBtalr3tn!
atians and bush eu leans
’%
el8r}ibhRy SVVUi BUllagu
Tiii
fbHlnw§ty g&vicee.
[>,pq&.,it
Pqge 16 of 20
Exhibit A
Scope of-Services
The Scope ofSdlvices under this AgrecArent- shall be as fo116®s:
SECTION 1– SERVICE GOAL
RECIPIENT assists the GiLy of De-nttin to ifriprove the AVailability aid accessibility„ oF servjces .that promote strong,
suppo.clive relationships for famili9s. neighborhoods' and cdmmunities and a suitable living'environrnint, as outlined
in the 2020-2'022 C'ity of'Denton Consolidated Pjan n)! the us.e -of Community Development Block Grant'nrn{is and
supports a codrdiflated' effort to maximize cOmmunity resdU-reed.
RECIPIENT shall Drbvid=:.Q.Oalily ehildcare Program, RECIPIENT is.dedi93ted tQ helping eaCh child develop the
skills necessary for schoOI feadinegs'. AS a' result oF the setvic6s provided by RECiPIeNT, low-'inpQ crI! parQnts have
the opportunity to contin.ue their s$Condary-QdUcdtion or work :£irll tide. The prQgrdm will be -6p'erated at 82 1 C:ross
Timber Street Denton. Texas 76205, The progRn} \vi11 operate--6:30 a.m. to 6:00 p.m. Monday-Friday_
SECTION IT OUTCO'MES
Tracking optcome mQasures wHI be a .tool by which chp CITY and. !he RECiPTENT cpn measure seryiges delivered
and pet'ForrnanGb under this' agreement,
RECIPI ENT ptqvi.d$ bQnefits' to the citi4ens of the City of Denton ..through 'these .outcOmes:
• Of the-childr6h served,' 90% dr grdater wi.ll' meet or exceed developn}cnta11y apprQpriate expe£gl ions.
• Adequate nutrition during infancy and early childhood is essential to ensure the growth, h§akh, and
devclopmenl-ofcMdren tP their full poteatial, REGJFIBNT will ensure children's growth .and developrncnt
by thrDagh optimal feeding and Will ensurb 100% 6fQhildren enroljed wHI receive mea is.
e S.trong partnerships with parents, -volunteers, dono-ts, local eollegeg aid. 6ther cotnthuni-tj arembers win
enhance -th.e edQcational process, fostering partnH$hipS fqr.irr+pro.ved edvcationa I .outcomes for Children.
RE.crPiENT will trltek and repott Voltmteef hou$ $itIl a goal of 3,200 volynfeQr hours during the 2020:2.021
SCiloDI year,
SECTIONII – UNIT OF 'SERVICE
A unit of service .will bQ the tool by which the CITY and the RECIPIEVF can measure services and performance
under this Agreement The total number of units of service reqUired constitutQS the perfQrmance target for the
RECIPIENT unddt this Agn'elnenE. A unit of Service !hall be qj9fined a§ services pmvidegl' to an ejigible jbw to
moderate-incomQ person or other pre Burned benefit category as defined, wIID is a re£iddtrt of the City ofDqnton,
Total Number dfUnduplicated elients
Agency: 410 Program: qja.
Total Number of Unduplicated Clients City of Denton Only:
Agency: 370 Program: n/a
Page 17 of 20
Service Unit 1 :
Unit oFService: Pipcounted Portion ofTuitioa and Fees
Total C}ichts: 410
Total Units Deiive'red: 2,400
Unit of Service COst: S3t).000.00
Cost per Client: 573.17
Cost per Unit; S 13.50
Page 18 of 20
Exhibit B
Budget
RECIPIENT sh.an prOVide the sew-ices listed in this Agnitnent withjn the mohetary limits attqQhed h9rQto and ineorl
porated by rF,fcrqnce hereih. .In.no event sh411 compensatiOn to the RECIPIENT exceed the Je£seroFthe RECIPIENT's
co$1S attributable to the work performed as stated 'herein, or s.urn of-Thirty Thousand Doljars .(530.000.00-)
Allowable Expenditure
Discounted Portion of Tuition and Fees
Total
Total
m,000.00
$30,000.00
REC.IFtENT will be reimbBrSed for tlnancial assistance -provided td income eligible clichEs residing in the eity of
l>entQn, RECIPIENT will sut>tilt monthly rqjmbursemeDt Rques.ts for anancial assIstance,
Reimbursement requests must include (list items/bdckub required with ReqUest for Payment)
All Agencies;
1. eo st Alloc'atidn PIall pHor to the $rst.Roqpest for Reimbursement (IIFR)
2. Client Ljst - numbeEed:$;ith uniqUe identifier (at least -quatterly)
3 . Other documentation -m4y be requested to support ahy cast allocation reimbuf$emerlts
For AgenQie.s SQeking' Salary Reitnbursernents:
i . Copy-ofHmesheet sighed by stafF member AND supervi-sor;
2' Copy Q.f'paystub with p'ayroll detail. Payroll register acCa$ted if provided by thiTd p4rty VFnddr
3.. City of Denton Salary.Ledger Sheet
For Agengjes Sec.king Co$t fteimbursem gnI for Purchase of.Goods or Serv-iees:
1. livoice/feceipt
2. ProoEofpaydrea£ .(copy of check &hh cheCk Burnt:er or bank statement-)
Page 19 of 20
Exhibit C
U.S, Department of Housing and Urban Development {HUD}
Income Limits
QuaIifyi-ng -Income Limits foi Federally Assisted Ptograms
FY 2020 Income Limits Summary
Dallas, TX HUD Metro FMR Area
Income Limit
Category
1
2
.3
Median Household Income: $ 86,200 (Household of 4)
Very Low (50%)30% Li
30,200 18,100
20.700
23.300
26,200
30,680
35.160
39,640
44.126
55,200
62, IO-O
68,950
74,500
80,000
85,sao
91,050
34,500
38,800
43,100
46,-550
50, DOO
53,450
56,900
Page 20 of 20