21-90121-901
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS HEALTH AND HUMAN
SERVICES COMMISSION FOR THE PURPOSE OF ALLOWING VOLUNTEERS FROM
THE FOSTER GRANDPARENT PROGRAM TO ASSIST WITH DENTON PARKS AND
RECREATION CHILDREN'S PROGRAMS; AUTHORIZING THE INTERIM CITY
MANAGER, OR HER DESIGNEE, TO PERFORM ALL OBLIGATIONS OF THE CITY
UNDER THE AGREEMENT, INCLUDING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Foster Grandparent volunteers from the State of the Texas Health and
Human Services Commission ("THHSC") provide one-on-one emotional support, mentoring,
and tutoring to children with exceptional needs in eight locations across the state of Texas; and
WHEREAS, The Foster Grandparent Program ("FGP" or the "Program") serves a dual
purpose in that it provides income -eligible adults, age 55 and older, with meaningful volunteer
opportunities, while also meeting critical community needs by serving children with special and
exceptional needs; and
WHEREAS, THHSC has presented the City of Denton ("City") with a proposed
Memorandum of Understanding ("MOU") regarding the City's provision of a Volunteer Station
for the FGP that would be effective from execution through August 31, 2023 unless terminated
earlier in accordance with the terms of the Agreement; and
WHEREAS, City staff has reviewed the MOU required by THHSC and is of the opinion
that it should be approved; and
WHEREAS, the City Council finds it is in the public interest to approve the MOU;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained 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 Interim City Manager, or her designee, is hereby authorized to
execute on behalf of the City the Memorandum of Understanding between the Texas Health &
Human Services Commission and City of Denton for the provision of a Volunteer Station for
the Foster Grandparent Program, a copy of which is attached as Exhibit "A" and incorporated
herein, or a substantially similar agreement as may be required by THHSC.
SECTION 3. The Interim City Manager, or her designee, is further authorized to carry
out all duties and obligations to be performed by the City under the MOU, including, but not
limited to, the expenditure of funds.
Page 1 of 2
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this ordinance was made by ?C.�.V 1 M e 1�'Z e t and
seconded by W c ; c --,r1 ae_C.k. ; the ordinance was passed and approved
by the following vote [-7
Aye Nay
Mayor Gerard Hudspeth: V,
Vicki Byrd, District 1: ✓
Brian Beck District 2: ✓
Jesse Davis, District 3:
Alison Maguire, District 4: ,/
Deb Armintor, At Large Place 5: 1/
Paul Meltzer, At Large Place 6: ✓
Abstain Absent
PASSED and APPROVED this the 120" day of Ir" ptt l , 2021
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
GERARD HUDSPETH, MAYOR
Page 2 of 2
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
E=BIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
HEALTH & HUMAN SERVICES COMMISSION
AND
CITY OF DENTON
FOR
PROVISION OF A VOLUNTEER STATION
FOR
THE FOSTER GRANDPARENT PROGRANI
Contract No. HHS000961300041
Pursuant to the provisions of Title 45, Subtitle B, Chapter XXV, Part 2552, §2552.23 of the Code of Federal
Regulations, this Memorandum of Understanding (the "MOU") is entered into between the TEXAS HEALTH
AND HUMAN SERVICES COMMISSION ("HHSC"), an administrative agency within the executive
department of the State of Texas, with its central office at 4900 North Lamar Boulevard, Austin Texas, 78751
and the City of Denton ("`VS") having an office at 321 East McKinney Street, Denton, TX 76205, for the purpose
of providing a volunteer station (VS). HHSC and VS may be referred to in this agreement individually as a
"Party," or collectively as the "Parties."
I. BACKGROUND AND PURPOSE
The Foster Grandparent Program ("FGP" or the "program") serves a dual purpose in that it provides
income -eligible adults, age 55 and older, with meaningful volunteer opportunities, while also meeting
critical community needs by serving children with special and exceptional needs. The VS is a public
agency, non-profit organization or proprietary health care organization that accepts the responsibility for
assignment and supervision of Foster Grandparents in health, education, social service or related
settings, such as hospitals, homes for dependent and neglected children or similar establishments.
11. STATEMENT OF SERVICES TO HE PROVIDED
a) HHSC Statement of Duties:
HHSC, in support of the volunteers in the FGP, will:
i) Recruit, interview, select, and enroll volunteers in the program. The volunteers will meet
the criteria in the FGP Federal Regulations for enrollment in the program;
ii) Unless otherwise specified in this MOU, conduct and document a criminal history check
for all Foster Grandparents in accordance with the requirements established for a
National Service Criminal History Check by the Corporation for National and
Community Service;
iii) Provide accident and liability insurance coverage as required by the program, including
excess automobile liability in5urance for Foster Grandparents who drive in connection
with their service. Foster Grandparents are not covered by worker's compensation
coverage;
iv) Be responsible for the management and fiscal control of the program;
v) Provide orientation to volunteers and provide in-service training on an on-going basis;
vi) Provide orientation to VS staff; and
vii) Provide additional Foster Grandparents at the request of the VS if available.
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
Contract No. IiHS000961300041
b) VS Statement of Duties:
The VS, in support of the Foster Grandparent Program, will:
i) For each Foster Grandparent and for each child served, develop and obtain the Sponsor's
approval, of a written Assignment Plan that identifies the child(ren) to be served and the
role and activities of the volunteer activities, the expected outcomes for each child, and
that addresses the period of time each child should receive such services. This
Assignment Plan will be signed by the VS liaison and the volunteer and will be used to
review the Foster Grandparent's services as well as, the impact of the assignment on the
child's development.
ii) Assure adequate health and safety provisions for the protection of volunteers.
iii) Investigate incidents, accidents and injuries involving volunteers and notify the Foster
Grandparent Program on a timely basis.
iv) Assign children with designated special or exceptional needs or who are in circumstances
that limit their academic, social, or emotional development, who are less than, 21 years of
age to each volunteer.
v) Provide site specific orientation and training to the volunteers.
vi) Submit required completed paperwork to the FGP on a timely basis, i.e., individual
Volunteer Assignment Plans prior to assignment, volunteer timesheets, Volunteer Impact
Evaluations, and Volunteer Performance Evaluations.
vii) Ensure that Foster Grandparents serve in a volunteer capacity. VS will verify that Foster
Grandparents will not: displace nor replace paid or contracted employees, relieve staff of
their routine duties or infringe upon the site supervisor's supervisory role with the
children.
viii) Supervise Foster Grandparents at all times while they are performing as volunteers and
not leave the Foster Grandparent alone with children.
ix) Ensure that any screening processes required of other volunteers at VS are required for
the Foster Grandparent volunteers. VS shall not charge HHSC or the foster grandparent
volunteer for the cost of any screening requirements associated with the site's policies or
licensure.
X) Provide confidentiality training for all Foster Grandparents in accordance with VS
policies and procedures (e.g., school districts will provide confidentiality training in
accordance with State Education laws, rules and regulations, Federal Regulations and
statutes, including the Buckley and Hatch Amendments).
xi) Provide a daily schedule of activities for the Foster Grandparents and designate space for
use in their activities with their assigned children.
xii) Periodically review each child's continuing need for a Foster Grandparent and
recommend phase-out or reassignment of the assigned Foster Grandparent, as necessary.
xiii) For in-home assignments, VS will obtain a Letter of Agreement signed by the person or
persons legally responsible for the child served, the VS liaison; and the FGP liaison
authorizing the assignment of a Foster Grandparent in the child's home, defining the
Foster Grandparent's activities, and specifying supervisory arrangements. In-home
assignments must be pre -approved in writing by HHSC.
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
Contract No. HHS000961300041
III. CIVIL RIGHTS
To the extent applicable, the VS agrees to comply with state and federal anti -discrimination laws,
including without limitation:
■ Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.G. §794);
• Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
• Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);
Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);
• Food and Nutrition Act of 2008 (7 U.S.C. §2011, et seq.); and
• The HHSC's administrative rules, as set forth in the Texas Administrative Code, to the extent
applicable to this Agreement.
a) The VS agrees to comply with all applicable amendments to the above -referenced laws, and all
applicable requirements imposed by the regulations issued pursuant to these laws. These laws
provide in part that no persons in the United States may, on the grounds of race, color, national
origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied
any aid, care, service or other benefits provided by Federal or State funding, or otherwise be
subjected to discrimination.
b) To the extent applicable, the VS agrees to comply with Title VI of the Civil Rights Act of 1964,
and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting the VS from
adopting and implementing policies and procedures that exclude or have the effect of excluding or
limiting the participation of people in its programs, benefits, or activities on the basis of national
origin. The VS agrees to provide alternative methods for ensuring access to services for applicants
and recipients who cannot express themselves fluently in English.
e) The VS agrees to ensure that its policies do not have the effect of excluding, or limiting the
participation of persons in its programs, benefits, and activities on the basis of national origin.
d) The VS agrees to take reasonable steps to provide services and information, both orally and in
writing, in appropriate languages other than English, in order to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access to programs,
benefits, and activities.
e) The VS agrees to comply with Executive Order 13279, and it's implementing regulations at 45
C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in
programs funded by direct financial assistance from the I tnited States Department of Agriculture
or the United States Department of Health and Human Services shall not, in providing services,
discriminate against a program beneficiary or prospective program beneficiary on the basis of
religion or religious belief.
f) Upon request, the VS will provide the HHSC with copies of all of the VS's civil rights policies
and procedures.
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
Contract No. HHS000961300041
g) The VS must notify the HHSC's Civil Rights Office of any civil rights complaints received relating
to its performance under this Agreement. This notice must be delivered no more than ten (10)
calendar days after receipt of a complaint. Notice provided. pursuant to this section must be directed
to:
HHSC Civil Rights Office
701 W. 51s` Street, Mail Code W206
Austin, Texas 78751
Phone Toll Free: (888) 388-6332
Phone: (512) 438-4313
TTY Toll Free: (877) 432-7232
Fax: (512) 438-5885.
IV. PROVISION OF MEALS
At the discretion of the VS meals may be provided to support the FGP. Meals, if provided, will be at
no -cost to the Foster Grandparent or HHS(. Please indicate by placing an ``X" next to the applicable
statement.
X Yes, meals will be provided to the Foster Grandparents.
_ No, meals will not be provided to the Foster Grandparents.
The organization must notify HHSC 30 calendar days in advance of discontinuing the provision of
meals.
V. PRIVACY, SECURITY, AND BREACH NoTiF[CATION
a) "HHS Confidential Information'' means any communication or record (whether oral, written,
electronically stored or transmitted, or in any other form) provided or made available to you
electronically or through any other means that consists of or includes any or all of the following:
i) Protected Health Information in any form including without limitation, Electronic
Protected Health Information or Unsecured Protected Health Information;
ii) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521;
iii) Federal Tax Information;
iv) Personally Identifiable Information;
v) Social Security AdminisEration Data, including, without limitation, Medicaid
information;
vi) All information designated as confidential under the constitution and laws of the State of
Texas and of the United States, including the Family Educational Rights and Privacy Act,
the Child Abuse Prevention and Treatment Act, the Texas Health & Safety Code and the
Texas Public Information Act, Texas Government Code, Chapter 552.
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
Contract No. HHS000961300041
h) Any HHS Confidential Information received by you under this MOU may be disclosed only in
accordance with applicable law. By signing this MOU, you certify that you are, and intend to
remain for the term of this MOU, in compliance with all applicable state and federal laws and
regulations with respect to privacy, security, and breach notification, including without limitation
the following:
i) The relevant portions of the Health Insurance Portability and Accountability Act of 1996
(HIPAA), 42 U.S.C. Chapter 7, Subchapter XI, Part C;
ii) 42 CFR Part 2 and 45 CFR Parts 160 and 164;
iii) The relevant portions of The Social Security Act, 42 U.S.C. Chapter 7;
iv) The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection
Act of 1988, 5 U.S.C. § 552a;
v) Internal Revenue Code, Title 26 of the United States Code including IRS Publication
1075;
vi) OMB Memorandum 07-16;
vii) Texas Business and Commerce Code Chapter 521;
viii) Texas Health and Safety Code, Section 81.006 and Chapters 181 and 611;
ix) Texas Human Resources Code § 12.003;
X) Texas Government Code, Chapter 552, as applicable;
xi) Title 3 of the Texas Occupations Code, as applicable;
xii) Constitutional and Common Law Privacy;
xiii) Federal Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part
99); and
xiv) Any other applicable law controlling the release of information created or obtained in the
course of providing the services described in this MOU.
You further certify that you will comply with all amendments, regulations, and guidance relating
to those laws, to the extent applicable.
C) You will ensure that each entity or individual with which you contract that performs services
related to this MOU and who has access to HHS Confidential Information will sign an agreement
that complies with these terms. You must provide a copy of all such agreements to HHS upon
request.
Vi. MUTUAL RESPONSIBILITIES
6.1 The HHSC and the VS will communicate as necessary to successfully manage this agreement.
They will work in good faith together to fulfill the purpose of this agreement.
6.2 Teleservice
Service functions include, but are not limited to: tutoring, mentoring, reading books for children
and youth; creating video demonstrations; serving as a pen pal; supporting students in their
efforts to complete special projects; assembling student packets; connecting students with
educational resources; and routine check -ins with students, as directed by VS. Teleservice
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
Contract No. HHS000961300041
functions may be facilitated via telecommunication channels including, but not limited to:
virtual engagement (computer/tablet) or telephone engagement.
6.2.1 HHSC Statement of Duties:
6.2.1.1 Ensure Foster Grandparents have access to the appropriate equipment as deemed
necessary for the proposed activities;
6.2.1.2 Provide activity specific training, as appropriate.
6.2.2 VS Statement of Duties:
6.2.2.1 Ensure Foster Grandparents have access to the appropriate programs and
materials, as required for proposed activities:
6.2.2.2 Provide activity specific orientation and training to the volunteers;
6.2.2.3 Supervise Foster Grandparents always while they are serving as a volunteer with
children present, whether the volunteer is presenting to a group or to individual
children.
VII. TERM OF AGREEMENT
This MOU is effective from execution through (August 31, 2023) unless terminated earlier in
accordance with the terms of the Agreement. At the discretion of the department, this MOU may be
renewed for one additional two-year period.
VIU. TERMINATION OF AGREEMENT
8.1 Termination without Cause. This MOU may be terminated by either party without cause upon
thirty (30) days written notice to the other party.
8.2 Notice of Breach. and Termination for Cause. In the event of a party's failure to comply with a
term of this MOU, the non -breaching party will provide notice to the breaching party of the breach. Upon
thirty (30) days after such notice, if such breach is not cured to the non -breaching party's satisfaction, the
non -breaching party may proceed to termination by serving a notice of termination upon the breaching
party, which shall immediately terminate this MOU.
A breach of Social Security Number, client information, confidentiality, and/or security
requirements will be cause for immediate termination of the agreement.
8.3 Nonwaiver. Failure of either party to insist on performance of any term or condition of this h101 I
or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of
such term, condition, right or privilege.
IX. NOTICES
Any notice required to be given under this contract shall be sent to the sole point of contact by certified
mail with postage prepaid, by email, or by fax. A notice sent by email is effective when the recipient
acknowledges receiving the email. Each party's sole point contact for inquiries from the other party
regarding this MOU is as follows:
6
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
For HHSC:
Foster Grandparent Program Project Director
909 West 451h Street
Austin, Texas 78751
E-mail: igpb,calspt a hhsc.state.tx.us
Fax: (512) 206-5157
X. GENERAL TERMS
Contract No. HHS000961300041
For VS:
City of Denton
321 East McKinney Street
Denton, TX 76205
Email: sara.ferris@cityofdenton.com
Phone Number: 940-349-8730
Attention: Sara Ferris
Amendments. This MOU may be amended or modified by the consent of both parties at any time
during its term. Amendments to this MOU must be in writing and signed by the HHSC and the VS. No
change in, addition to, or waiver of any term or condition of this MOU shall be binding on the HHSC
unless approved in writing by an authorized representative of the HHSC.
SCI. ASSIGNMENT
Neither party shall assign any right, benefit or duty under this MOU without the other party's prior
written consent.
TEXAS HEALTH AND HUMAN
SERVICES COMMISSION
I_DocuSigneed by: ••
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rseana7r30aeeFe
Signature
Name: Kim Schenck
Title: Associate Commissioner
Date
Signed:
June 6, 2021
F • D EST''•
7'
0 ii
City of Denton
Signature
Name: Sara Hensley
7
Title: Interim City Manager
Date
Signed.:
1 -2 -
ATTEST:
Rosa Rios, City Secretary
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
Contract No. HHS000961300041
BOTH REVIEWED AND APPROVED
as to financial and operational
7;i
abusiness terms.
&T' le
1j2 -<-.S � A564rJC)AJ
Department
Date Signed: AR/21C, 200-1
APPROVED AS TO LEGAL FORM:
Aaron Leal, City Attorney
By:
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
21-901
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS HEALTH AND HUMAN
SERVICES COMMISSION FOR THE PURPOSE OF ALLOWING VOLUNTEERS FROM
THE FOSTER GRANDPARENT PROGRAM TO ASSIST WITH DENTON PARKS AND
RECREATION CHILDREN'S PROGRAMS; AUTHORIZING THE INTERIM CITY
MANAGER, OR HER DESIGNEE, TO PERFORM ALL OBLIGATIONS OF THE CITY
UNDER THE AGREEMENT, INCLUDING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Foster Grandparent volunteers from the State of the Texas Health and
Human Services Commission ("THHSC") provide one-on-one emotional support, mentoring,
and tutoring to children with exceptional needs in eight locations across the state of Texas; and
WHEREAS, The Foster Grandparent Program ("FGP" or the "Program") serves a dual
purpose in that it provides income -eligible adults, age 55 and older, with meaningful volunteer
opportunities, while also meeting critical community needs by serving children with special and
exceptional needs; and
WHEREAS, THHSC has presented the City of Denton ("City") with a proposed
Memorandum of Understanding ("MOU") regarding the City's provision of a Volunteer Station
for the FGP that would be effective from execution through August 31, 2023 unless terminated
earlier in accordance with the terms of the Agreement; and
WHEREAS, City staff has reviewed the MOU required by THHSC and is of the opinion
that it should be approved; and
WHEREAS, the City Council finds it is in the public interest to approve the MOU;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained 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 Interim City Manager, or her designee, is hereby authorized to
execute on behalf of the City the Memorandum of Understanding between the Texas Health &
Human Services Commission and City of Denton for the provision of a Volunteer Station for
the Foster Grandparent Program, a copy of which is attached as Exhibit "A" and incorporated
herein, or a substantially similar agreement as may be required by THHSC.
SECTION 3. The Interim City Manager, or her designee, is further authorized to carry
out all duties and obligations to be performed by the City under the MOU, including, but not
limited to, the expenditure of funds.
Page 1 of 2
DocuSign Envelope ID: 5F23CF58-0518-4FB4-8172-217348819CDA
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this ordinance was made by ?C.�.V 1 M e 1�'Z e t and
seconded by W c ; c --,r1 ae_C.k. ; the ordinance was passed and approved
by the following vote [-7
Aye Nay
Mayor Gerard Hudspeth: V,
Vicki Byrd, District 1: ✓
Brian Beck District 2: ✓
Jesse Davis, District 3:
Alison Maguire, District 4: ,/
Deb Armintor, At Large Place 5: 1/
Paul Meltzer, At Large Place 6: ✓
Abstain Absent
PASSED and APPROVED this the 120" day of Ir" ptt l , 2021
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
%'1-
BY:
GERARD HUDSPETH, MAYOR
Page 2 of 2