Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
21-1931
ORDINANCE NO. 21-1931 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND DENTON CHRISTIAN PRESCHOOL, INC. TO PROVIDE GENERAL FUND DOLLARS FOR THE STOP POVERTY EDUCATE AT -RISK KIDS PROGRAM IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $30,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Human Services Advisory Committee ("HSAC") of the City of Denton (the "City") has reviewed the proposal for services of Denton Christian Preschool, Inc. (the "Agency") for the Stop Poverty Educate At -Risk Kids (SPEAK) Program and has determined that the Agency performs an important service for the residents of Denton without regard to race, religion, color, age, or national origin, and the HSAC recommends the purchase of such services pursuant to the 2021-2022 Grant Service Agreement between the City and Agency attached hereto as Attachment 1 and incorporated herein for all purposes (the "Agreement"); and WHEREAS, the City has adopted a budget and included therein an authorized budget for the expenditure of funds in accordance with its 2020-2022 City of Denton Consolidated Plan; and WHEREAS, the 2020-2022 City of Denton Consolidated Plan includes the services contemplated by the Agreement; and WHEREAS, the City has designated the Community Development Division as the division responsible for the administration of the Agreement and all matters pertaining thereto; and WHEREAS, the City Council deems it in the public interest to enter into the Agreement in support of much needed services for Denton residents; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager, or designee, is hereby authorized to execute the Agreement with Denton Christian Preschool, Inc. to provide for the Stop Poverty Educate At - Risk Kids (SPEAK) Program. SECTION 3. The City Manager, or designee, is hereby authorized to expend funds in an amount not to exceed $30,000.00 in the manner specified in the Agreement, and to take any other actions that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, to carry out the City's rights and obligations under the Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by 'Pa -t2 ( Me.1-�-7je-�C- and seconded by i S Cin M a q o'k Vy The ordinance was passed and approved by the following vote F -7 a jaT Aye Nay Mayor Gerard Hudspeth: I/ Vicki Byrd, District 1: Brian Beck, District 2: ,/ Jesse Davis, District 3: .,/ Alison Maguire, District 4: / Deb Armintor, At Large Place S' Paul Meltzer, At Large Place 6: Abstain Absent PASSED AND APPROVED this the Z&t h day of ©[,+C:))p e< , 2021. ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY GERARD HUDSPETH, MAYOR Attachment 1 2021-2022 GRANT SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CHRISTIAN PRESCHOOL, INC. This 2021-2022 Grant Service Agreement ("Agreement") is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, hereinafter referred to as "CITY," and Denton Christian Preschool, Inc., 1111 W. University Drive, Denton, Texas 76201, hereinafter referred to as „RECIPIENT." WHEREAS, CITY's Human Services Advisory Committee ("HSAC") has reviewed the RECIPIENT's proposal for set -vices and has determined that RECIPIENT perforans an important service for the residents of the City of Denton without regard to race, religion, color, age, or national origin, and HSAC recommends RECIPIENT's proposal for services; and WHEREAS, CITY has determined that the RECIPIENT's proposal for services can provide needed ser -rices to the residents of the City of Denton in accordance with the 2024-2022 City of Demon Consolidated Plan, and desires to enter into an agreement for such services; and WHEREAS, CITY has adopted a budget and included therein an authorized budget for the expenditure of funds in accordance with its 2020-2022 City of Denton Consolidated Plan and 2021 Action Plan; and WHEREAS, CITY has designated the Community Development Division as the division responsible for the admin- istration 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. IVAMMIU i This Agreement shall czonunence on or as of October 1, 2021, and shall terminate on September 30, 2022, unless sooner terminated in accordance with Section 25 "Termination." 2. RESPONSIBILITIES RECIPIENT hereby accepts the responsibility far the performance of all services and activities described in the Scope of Services attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider RECIPIENT's executive officer to be RECIPIENT's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from RECIPIENT and approved by CITY. The CITY's Director of Community Services will be CITY's representative responsible for the administration of this Agreement. Beneficiaries of the activities to be provided hereunder must reside in the City of Denton and RECIPIENT certifies that the activities carried out with these funds shalt meet the objective of benefit to low and moderate-incoine persons. RECIPIENT shall provide set -vices to persons whose income is equal to or lower than 80% of the median income of the Dallas standard metropolitan statistical area. To accomplish this, the RECIPIENT shall use the current applicable income limits published by the U.S. Department of Housing and Urban Development Page t of 20 Attachment 1 ("HUD") for lower income Dousing assistance under Section 8 of the United States Housing Act of 1937, herein attached as Exhibit C. Income eligibility shall be determined by the sunt of the gross income of all individuals residing in the household. Services must be provided directly to or on behalf of specific identified eligible clients. Eligibility documentation must be included in each client's file and updated at least once during the contractperiud 3. OBLIGATIONS In consideration of the services provided by RECIPIENT, CITY agrees to the following terms and eonditivns: A. Limit of Liability. CITY will reimburse RECIPIENT for expenses incurred pursuant to and in accordance with the Budget attached hereto as Exhibit B, and incorporated herein by reference, and the Scope of Services herein attached as Exhibit A. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sur, of Thirty Thousand and noll00 Dollars ($30,000.00). B. Measure of Uabifi , In consideration of full and satisfactory performance of the services and activities here- under by RFCIPJF-NT and receipt of a requisition for payment with appropriate documentation of expenditures, CITY shall make payments to RECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in Exhibit B and in this Section and Section 7 of this Agreement. (1) The parties expressly understand and agree that CITY's obligations trader this Section are contingent upon the actual receipt of adequate funds to meet CITY's liabilities udder this Agreement. If adequate funds are not available to make payments wider this Agreement, CITY shall notify RECIPIENT in writing within a reasonable time atter such fact has been determined. CITY may, at its option, either reduce the arnotmt of its liability or terminate the Agreement. If funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to RECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the CITY to provide more fiends than the amount shown in subsection A above. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment fly reimbursement, from any other source; (b) was hicurred prior to the beginning date or after the ending date specified in Section 1; (c) is not in strict accordance with the terns of this Agreement, including all exhibits attached Hereto; (d) Inas not been billed to CITY within 90 calendar days following billing to RECIPIENT, or termination of the Agreement, whichever date is earlier, or (e) is not an allowable cost as defined by Section 10 of this Agreement or in the Budget set forth in Exhibit B. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of RECIPIENT requiring prior written authorization frons CITY, or after CITY has requested that RECIPIENT furnish data concerning such action prior to proceeding farther, unless and until CITY advises RECIPIENT to proceed. (S) CITY shall not: be obligated or liable under this Agreement to any party other than RECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within the term of this Agreement will revert to the City of Denton budget for use on alteniative set vices or projects. G. 1 CIPIENT'S Obligations. In consideration of the receipt of funds from the CITY, the RECIPIENT agrees to the following teras and conditions: (1) Thirty Thousand and no/100 Dollars ($30,000.00) may be paid to RECIPIENT by CITY, and the only ex- penditures reimbursed from these funds, shall be those in accordance with the Budget set forth in Exhibit B, Page 2 of 20 Attachment 1 for those services described in the Scope of Services, Exhibit A, as provided herein. RECIPIENT shall not utilize these funds for any other purpose. (2) RECIPIENT 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 program. The system will be based on generally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. (3) RECIPIENT will permit authorized officials of CITY to review its books at any time. (4) RECIPIENT will reduce to writing all of its rules, regulations, and policies and file a copy with CITY`s Community Development Office along with any amendments, additions, or revisions upon request. (5) RECIPIENT will not enter into any contracts that would eneumber CITY funds for a period that would extend beyond the terns of this Agreement. (6) RECIPIENT will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to CITY's Community Development Division for further direction. (7) RECIPIENT will appoint a representative who will be available to meet with CITY officials when requested. (8) RECIPIENT will indemnify and hold harrnless CITY, its officers, elected and appointed officials, agents, employees; and contractors from any and all claims and suits arising out of the services or activities of RECIPIENT, its employees, and/or contractors. (9) RECIPIENT will submit to CITY copies of year-end audited financial statements. 4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL, LAWS A. RECIPIENT assures and certifies that it will comply with all applicable federal laws, laws of the State of Texas, and ordinances of the City of Denton, B. RECIPIENT shall give the CITY, and any of CITY's a-tthorized representatives, access to and the right to repro- duce all records belonging to or in use by RECIPIENT pertaining to this Agreement. Such access shall continue as long as RECIPIRNT retains the records. RECIPIENT shall maintain such records in an accessible location. C, RECIPIENT shall refrain from entering into any subcontract for services without prior approval in writing by CI'T'Y of the qualifications of the subcontractor to perforin and meet the standards of this Agreement. All sub- contracts entered into by the RECIPIENT will be subject to the requirements of this Agreement. The RECIPIENT agrees to be responsible to CITY for the performance of any subcontractor. 5. REPRESENTATIONS A. RECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of RECIPIENT, do hereby warrant and guarantee that he, site, or they have been fully authorized by RECIPIENT to execute this .Agreement on behalf of RECIPIENT and to validly and legally bind RECIPIENT to all terms, performances, and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either RECIPIENT or the person signing the Agreement to enter into this Agreement. RECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumer- ated in this Section, D. RECIPIENT agrees that the funds and resources provided RECIPIENT under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, Page 3 of 20 Attachment 1 services, or other benefits which would have been available to, or provided through, RECIPIENT had this Agree- ment not been executed. b. PERFORMANCE BY RECIPIENT RECIPIENT will provide, oversee, administer, and carry out the activities and services set out in the Scope of Ser- vices described in Exhibit A, utilizing the funds described in Exhibit I3, deemed by bath: parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in ac- cordance 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 Director of Community Services, 7. PAYMENTS A. Payments to RECIPIENT, The CITY shall pay to RECIPIENT a maximum amount of money not to exceed Thirty Thousand and no/100 Dollars ($30,000,00) for services rendered under this Agreement The CITY will pay these fiords on a reimbursement basis to RECIPIENT within twenty-one days after CITY has received sup- porting documentation of eligible expenditures. Documentation of expenditures must be submitted to the Corn- rnunity Development Division by the dates required by Community Development, RECIPIENT'S failure to provide the information on a timely basis may jeopardize present or future funding. B. Funds are to be used for the sole purpose of providing the services described in the Scope of Services in Exhibit A and based an the Budget in Exhibit B. C. RECIPIENT's reimbursement request for any one-month period will not exceed one-fourth (1f4) of any budgeted line items for costs as specified in Exhibit B without prior written authorization from the CITY. D. Excess. Pa_y_ment. RECIPIENT shall refund to CITY within ten working days of CITY's request, any sura of money which has been paid by CITY, and which CITY at any trate thereafter determines. (l) has resulted in overpayment to RECIPIENT; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. E. Disallowed Costs. Upon termination of this Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a -result of any auditing or monitoring by CITY, RECIPIENT will refund such amount to CITY within ten working days of a written notice to RECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. F, Reversion of Assets. (1) RECIPIENT, upon expiration of this Agreement shall transfer to the CITY any funds on hand at the tirric of expiration and any accounts receivable attributable to the use of funds. (2) The reversion of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Agreement. G, Obligation of Funds. (l) In the event that actual expenditure rates deviate fi-om RECIPIENT's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. (2) If CITY finds that RECIPIENT is unwilling andfor unable to comply with any ofthe terms ofthis Agreement, CITY may require a refund of any and all money expended pursuant to this Agreement by RECIPIENT, as Page 4 of 20 Attachment 1 well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to RECIPIENT to revert these financial assets. H. Contract Close Out. RECIPIENT shall submit a final expenditure report, for the time period coveted by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period. 8. WARRANTIES RECIPIENT represents and warrants that: A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. D. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accti rate, and fairly reflect the financial condition of RECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of RECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against the RECIPIENT. D. None of the provisions herein contravene or are in conflict with the authority under which RECIPIENT is doing business or with the provisions of any existing indenture or agreement of RECIPIENT. E. RECIPIENT has the power to enter into this Agreement and accept payments hereunder, and has taken all nec- essary action to authorize such acceptance under the term and conditions of this Agreement. F. Notre of the assets of RECIPIENT is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown ur the financial statements and/or other docunictits furnished by RECIPIENT to CITY. O. 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. 9. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, RECIPIENT shall not, without the prior written consent of the Director of Conununity Services or her authorized representative: (1) Mortgage, pledge, or otherwise encumber suffer to be encumbered, any of the assets of'RECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets ofRECIPIENT wWch 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 ail or a substa€itial part of its assets. (4) Mabe any advance or loan to, or incur any liability for any other frr€n, person, entity or corporation as guar- antor, surety, or accommodation endorser. (5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to RECIPIENT by CITY, unless CITY authorizes such transfer in writing. 13. RECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. Page 5 of 20 Attachment 1 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the perfor-nmauce of and in com- pliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. Prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrances or expenditures during any one-month period which exceeds one-fourth (114) of the total Budget as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of RECIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are con- ducted - (4) Any alterations, deletions, or additions to the Budget detail incorporated in Exhibit B. (5) Costs or fees for tempormy employees or services. (b) Any fees or payments for consultant services, (7) Fees for attending out of town meetings, seminars, or conferences. C. Written requests for prior approval are RECIPIENT's responsibility and shall be made within sufficient tithe to permit a thorough review by CITY. RECIPIENT must obtain written approval by CITY pricer to the commence- ment ofproeedures to solicit or purchase services or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordatmce with tine provisions of this Agreement. D. Expenditures will not be reimbursed to the RECIPIENT for the purchase of real property or equipment. These are not allowable costs under this Agreement. 11, PROGRAM INCOME A. For purposes of this Agreement, "Program Income" means earnings of RECIPIENT realized from activities re- sulting from this Agreement or from; RECIPIENT's nmanagenment of funding provided or received hercunder. Such wrongs include, but are not linnited to, income fionm interest, usage or rental or lease fees, income produced frorn contract -supported services of individuals or employees or from the use or sale of equipment or facilities of RECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services ren- dered by RECIPIENT under this Agreement. B. RECIPIENT shall maintain records of the receipt and disposition of Program Income in the Sallie nnanlmer as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and RECIPIENT agree, that any fees collected for services performed by RECIPIENT shall be, used for payment ofcosts associated with service provision. Revenue remaining after payment of all programs expenses for service provision shall be considered Program Income and shall be subject to all the requirements of this ,Agreement and the regulations found at 24 CFR §570.504. C. RECIPIENT shall include this Section in its entirety in all of its sub -contracts which involve other income-pro- ducing services or activities. D. It is RECIPIENT's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes Program Income. RECIPIENT is responsible to CITY for the repaytuemt of any and all amounts determined by CITY to be Program Income, unless otherwise approved in writing by CITY. Page 6 of 20 Attachment 9 12. MAINTENANCE OF RE, CORDS A. RECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement., in compliance with tate provisions of Exhibit. A and Exhibit I3, and with any other applicable Federal and State regulations establishing standards for financial management. B. RECIPIENT'S record system shall contain sufficient documentation to provide in detail full support andjustifr- cation for each expenditure. Nothing in this Section shall be construed to relieve RECIPIENT of fiscal account- ability and liability under any other provision of this Agreement or any applicable law. RECIPIENT shall include the substance of this provision in all subcontracts. C. RECIPIENT agrees to retain all books, records, documents, reports, and written accountingprocedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years after the terirrination of all activities f ended under this Agreement. D. Nothing in the above subsections shall be construed to relieve RECIPIENT of responsibility for retaining accurate and current records which clearly reflect the level and benefit of sci^vices provided under this Agreement. E. At any reasonable time and as often as CITY may deem necessary, the RECIPIENT shall make available to CITY, or any of their authorized representatives, all of its records and shall permit CITY, or any of their author- ized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and all other data re- quested by said representatives. 13. REPORTS AND INFORMATION At such tunes and in such form as CITY may require, RECIPIENT shall furnish such statements, records, data and information as CITY may request and demi pertinent to matters covered by this Agreement. RECIPIENT shall submit beneficiary and financial reports to CITY no less than once every three months. The beneficiary report shall detail client information, including race, ethnicity, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the coin iencement date specified in Section I of this Agreement. Unless the CITY has granted a written exemp- tion, RECIPIENT shall submit an audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. ld. MONITORING AND EVALUATION RECIPIENT agrees to participate in a nionitoring aiid evaluation system whereby the services can be continuously monitored. CITY shall perform monitoring of the RECIPIENT's performances under this Agreement. A. RE UIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by RECIPIENT to the Scope of Services, Program Goals, and Objectives, in Exhibit A, as well as other provisions of this Agreement. B. RECIPIENT agrees to cooperate fully with CITY and provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. C. RECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. D. RECIPIENT agrees to make available upon request its financial records for review by CITY at CITY's discretion. In addition, RECIPIENT agrees to provide CITY the following data and reports, or copies thereof (1) All external or internal evaluation reports. Page 7 of 20 Attachment 1 (2) Perlormancelbeneficiary reports to be submitted in the schedule published by the CITY's Community De- velopment division. Reports will include such information as requested by the CITY's Community Devel- opment Division including but not limited to: number of persons or households assisted, race, gender, disa- bility status, and household income. Beneficiary reports shall be due to CITY within 15 working days after the completion of required reporting period RECIPIENT agrees to submit financial statements no less than once every thtw months. Each statement shall include current and year to slate period accounting of all rev- enues, expenditures, outstanding obligations, and beginning and ending balances. Financial reports shall be due to CITY within 15 working days after the completion of required reporting period, and (3) An explanation of any major changes in pr'ograin services. E. To comply with this section, RECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. RE- CIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. RECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the CITY, Nothing in the above subsections shall be construed to relieve RECIPIENT of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. FAfter each official monitoring on-site visit, CITY shall provide RECIPIENT with a written report of monitoring findings, documenting findings, and concerns Chat will require a written response to the CITY. An acceptable response must be received by the CITY within 60 days from the RECIPIENT's receipt of the monitoring report or audit review leiter. Future payments under this Agreement can be withheld for the RECIPIENT's failure to submit a written response within 60 days. G. RECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the RECIPIENT's furnding or regulatory bodies to CITY within ten working days of receipt by the RECIPIENT. 15. DIRECTORS' MEETINGS Daring the term of this Agreement, RECIPIENT shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. RECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Direc- tors' meetings. Minutes of all meetings of RECIPIENTS governing body shall be available to CITY within ten days after Board approval. 16, INSURANCE A. RECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for the services provided pursuant to this Agreement. B. The premises on and in which the services and activities described in Exhibit A are conducted, and the employees conducting these services and activities, shall be covered by premise liability insurance, commonly referred to as "OwnerlTenaut" coverage, with CITY named as an additional insured. Upon request of RECIPIENT, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. RECIPIENT will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. RECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by RECIPIENT. All employees of RECIPIENT who are required to drive a vehicle in the nermal scope and 'age 8 of 20 Attachment 1 coarrse of their employment rrrust possess a valid Texas driver's license and automobile liability insurance. Evi- dence of the employee's current possession of a valid license and insurance must be maintained on a current basis in i2ECIPIENT's files. E. Actual losses not covered by insurance as required by dais Section are not allowable or eligible costs under this Agreement and remain tate sole responsibility of RECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that CITY and RECIPIENT be notified in writing of any cancellation or change in the policy at least 30 days prior to such change or cancellation. 17. CIVIL RIGHTS / EQUAL OPPORTUNITY A. RECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or reg- ulations. The RECIPIENT shall not discriminate against any erraployee or applicant for employment because of race, color, creed, religion, national origin, gender, age, or disability. The RECIPIENT will take affirmative action to erasure that all employment practices are flee from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, dettaotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. RECIPIENT agrees to comply with Title 'VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b), Section 109 of Title I of tlae Housing and Cortimunity Develop- ment Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Execrative Orders 11375 and 12086. C. RECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state, and Federal rules and regulations. D. In the event of RECIPIENT's non-conipliance with the non-discrimination. requirements, CITY may cancel or terminate the Agreement in whole or in part in accordance with Sections 24 and 25 and RECIPIENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by RECIPIENT and shall be available for examination. Such persom el poli- cies shall: A. include policies with respect to employment, salary and wage rates, working hours and holidays, fringe bmicfits, vacation and sick leave privileges, and travel, B. be in writing; and C. be approved by the governing body of RECIPIENT. 1.9. CONFLICT OF INTEREST A. RECIPIENT covenants that neither it nor any rnernber of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement, RECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. RECIPIENT further covenants that no member of its governing body or its staff, subcontractors, or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated Page 9 of 20 Attachment 1 by desire for private gain for himself/berself, or others, particularly those with which lie/she has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corpo- ration, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM RECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by RECIPIENT, or is a member of RECIPIENT's governing board. The terns "niember of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother, and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds provided pursuant to this Agreenxcnt, nor any personnel who may be employed by the RECIPIENT with funds provided pursuant to this Agreement, shall be in any way or to any extent engaged in any conduct orpolitical activity in contravention of Chapter 15 of Title 5 of the United States Code. B. The RECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism activities. C. The RECIPIENT agrees that none of the funds or services provided directly or indirectly tinder this Agreement shalt be used for any partisan political activity or to further the election, or defeat of any candidate for public office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation. Employees of the RECIPIENT connected with any activity that is funded in whole or in part by funds provided to RECIPIENT under this Agreement may not during the term of this Agreement: (1) use their official position or influence to affect the outcome of an election or nomination; (2) solicit contributions for political purposes; or (3) take an active part in political management or in political campaigns. 22. PUBLICITE' A. Where such action is appropriate, RECIPIENT shall publicize the activities conducted by RECIPIENT under this Agreement to state that the City of Denton has contributed to make the project possible, B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided irr this Agreement. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. C. All reports, documents, studies, charts, schedules, or other appended documentation to airy proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by RECIPIENT shall become the property of CITY upon receipt. 23. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the teens of this Agreement expressly provide that another method shall be used. Page 10 of 20 Attachment 1 B. RECIPIENT may not snake transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. RECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. The City Manager or designee nnay authorize minor amendments to the approved budget in Exhibit B as necessary to carry out tine intent of this Agreeinent, in a manner consistent with the efficient use of public funds, and in accordance with federal law. Such minor amendments may riot increase the not to exceed annount set forth in Exhibit B, extend the term, or otherwise alter the performance obligations of RECIPIENT, without approval of the City Council. D. It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment Hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the terns of die Agreement, request changes to the Agreement, which may include an increase nr decrease in the amount of RECIPIENT's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to tine Budget set forth in Exhibit B requested by RECIPIENT shall require the prior written approval of CITY. G. RECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. K RECIPIENT shall notify CITY of any changes in persoiniiel or governing board composition. I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 24. SUSPENSION OF FUNDING Upon determination by CITY ofRECIPIENT's failure to timely and properly perforni each of the requirements, time conditions, and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to RECIPIENT, withhold further payments to RECIPIENT. Such notice may be giveii by avail to the Executive Officer and the Board of Directors of RECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, RECIPIENT may be restored to full compliance status and paid all eligible fluids withheld or iinpotinded during the suspension period. If however, CITY determines that RECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not spe- cifically enumerated in this Section: (1) RECIPIENT's failure to attain, compliance during any prescribed period of suspension as provided in Section 24. (2) RECIPIENT's failure to materially comply with any of the tennis of this Agreement, (3) RECIPIENT's violation of covenants, agreements, or guarantees of this Agreement. (4) Termination or reduction of funding by the CITY. Page I I of 20 Attachment 1 (5) Finding by CITY that the RECIPIENT: a. is in such unsatisfactory financial condition as to endanger performance under this Agreement; Gi- b. has allocated inventory to this Agreement substantially exceeding reasonable requirements; or c. is delinquent in payment of taxes or of costs of perfornnance of this Agreement in the ordinary course of business. (6) Appointment of a trustee, receiver, or liquidator for all or substantial part of RECIPIENT's property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against RECIPIENT. (7) RECIPIENT's inability to conform to changes required by Federal, State, and local laws or regulations as provided in Section 4, and Section 2, of this Agreement. (8) The commission of an act of bankruptcy. (9) RECIPIENT's violation of any law or regulation to which RECIPIENT is bound or shall be bound under the terms of the Agreement, B. CITY shall promptly notify RECIPIENT in writing of the decision to terminate and the effective elate of termi- nation. C. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for con- venience, RECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination, subject to the requirements of Section 7 and Exhibit 13. In no event will this compensation exceed an amount which bears the sante ratio to the total compensation as the services actually performed bears to the total services of RECIPIENT covered by the Agreement, less payments previously made. D, RECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which RECIPIENT depends for performance hereunder. RECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, pro- vided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined irr a contract between RECIPIENT and the funding source in question. RECIPIENT may terminate this Agreement upon the dissolution of RECIPIENT's organization not occasioned by a breach ofthis Agreement. E. Upon receipt of notice to terminate, RECIPIENT stall cannel, withdraw, or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement, CITY shall not be liable to RECIPIENT or RECIPIENT's contractors, subcontractors or creditors for any expenses, encumbrances, or obli- gations whatsoever incurred after the termination date listed on the notice to terminate referred to in this Section. F. Notwithstanding any exercise by CITY of its right of suspension or termination, RECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by RECIPIENT, and CITY may withhold any reimbursement to RECIPIENT until such time as the exact amount of damages due to CITY from RECIPIENT is agreed upon or otherwise determined. 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit, or other action or proceeding is made or brought by any person(s), Erns, corporation, or other entity against RECIPIENT, RECIPIENT shall give written notice thereof to CITY within five working days after being notified of such claire, demand, suit, or other action or proceeding. Such notice shall state the date and hour of notification of any such clairn, demand, suit, or other action or proceeding; the names and ad- dresses of the person(s), fain, corporation or other entity making such claim or demand, or that instituted or threatened to institute any type of suit, or other action or proceeding; the basis of such claim, demand, suit, or other action or proceeding; and the name of any person(s) against whoin suc.IH claim, demand, shit, or other action or proceeding is Page 12 of 20 Attachment t being made or threatened. Such written notice shall be delivered either personally or by snail postage paid in accord- ance with the provisions of Section 29.1. 27. INDEMNIFICATION A, It is expressly understood and agreed by both parties hereto that CITY is contracting with RECIPIENT as an independent contractor and that as such, RECIPIENT shall save and hold CITY, its officers, elected and ap- pointed officials, agents, employees, and contractors harmless from all liability of any nature or kind, iaicluding costs and expenses for, or on account of, any claims, audit exceptions, demands, suits, or damages of any kind or character whatsoever resulting in whole or in part from the performance, act or omission of any employee, agent, contractor, subcontractor, or representative of RECIPIENT. B. RECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY, its officers, elected and appointed officials, agents, employees, and contractors fiorn any and all claims, suits, causes of action, de- ►nands, damages, losses, attorney fees, expenses, and liability arising cut of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CIT"Y°, its agents, employees, or contractors. 28. N©NRELIGICIIIS ACTIVITIES A. No organization wil l be prohibited from participating in activities supported by CITY funding including programs that rrtake. funds available through contracts, grants, or cooperative agreements. RECIPIENT is prohibited from discriminating against beneficiaries in providing services or carrying out activities with such assistance based on religion, a religious belief, a refusal to hold a religious belief, ora refusal to attend or participate in a religions practice, while also noting that organizations that participate in programs only funded by indirect CITY or federal financial assistance need not modify their program or activities to accommodate beneficiaries who choose to expend the indirect aid on those organizations' programs. 13. Faith based organizations that carry out programs or activities with direct financial assistance are required to provide written notice of certain protections to beneficiaries and prospective beneficiaries. Specifically, such organizations are required to give notice to beneficiaries that: (1) The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a religious belief, a refusal to hoId a religions belief, or a refusal to attend or participate in a religious practice; (2) The organization may not require a beneficiary to attend or participate hi any explicitly religious activities that are offered by the organization, and any participation by the beneficiary in such activities must be purely voluntary; (3) The organization must separate, in time or location, any privately f►nrded explicitly religious activities from activities supported by direct Federal financial assistance; (4) If a beneficiary objects to the religious character of the organization, the organization must undertake rea- sonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no such objection; and (5) A beneficiary orprospective beneficiary may report an organization's violation of these protections, including any denials of services or benefits by an organization, by contacting or filing a written complaint to HUD or the inte►inediary administering the program, if applicable. (a) Faith -based organizations must provide this notice to prospective beneficiaries prior to enrollment. In the event of an emergency or exigent circumstances that make it impracticable to provide the written notice in advance, prospective beneficiaries may receive the notice at the earliest available opportunity. Current beneficiaries must receive the notice at the earliest available opportunity, Page 13 of 20 Attachment 1 (b) Faith -rased organizations that carry out a program or activity with direct Federal financial assistance are to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective beneficiary objects to the religious character of the organization, and to refer the beneficiary or prospec- tive beneficiary to an alternative provider to which the beneficiary or prospective beneficiary lies no such objection. 29, MISCELLANEOUS k RECIPIENT shalt not transfer, pledge, or otherwise assign this Agreement or any interest thetein, or any claim arising thereunder, to any party or parties, bank, trust company, or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unnernforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent ofbodi parties hereto. C. All reports, documents, studies, charts, schedules, or other appended documentations to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by RECIPIENT shall become the property of CITY upon receipt. D. Debarment: RECIPIENT certifies that it is not Iisted on the System for Award Management (SAM), which list the debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. E. In no event shall any payment to RECIPIENT hereunder, or any other act or failurc of CITY to insist itn any one or more instances upon the terms and conditions of this Agreement, constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by RECIPIENT. Neither shall such payment, act, or onnission in any manner impair or prejudice arty night, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or rem- edies are always specifically preserved. No representative or agent of CITY may waive the effect of this provi- sion. F. This Agrecanent, together with the referenced EXHIBITS, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall art 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, rec- orded as an antendmen t of this Agreement. G. Inn the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any pari of this Agreement or its govemixng rules, codes, laws, ordinances, or regulations, CITY will have the final authority to render or to secure an interpretation. H. If RECIPIENT provides services to the homeless it is required to: (1) Report honneless data to the Homeless Management Information System ("HMIS"). HMIS is a countywide data mannagenrrennt tool designed to facilitate data collection in order to improve human service; delivery throughout Denton County. Participation in the HMIS is a requirement per this Agreement. Data entered into 14MIS will help our community improve services to individuals experiencing hornelessness by providing accurate information on the extent and nature of homelessness in our community and by accounting for our success in helping people move out of honntclessness. Participation is also critical to help CITY and Denton County successfully compete for grants for federal funding, such as the U.S_ Department of Housing and Urbain Development's homeless assistance fiends. Page 14 of 20 Attachment 1 (2) Participate in the Denton County Homeless Leadership Team meetings and any applicable workgroup(s). The Denton County Homeless Leadership Team is a collaborative, cross -sector team that convenes to im- prove the planning, coordination, oversight, and implementation required to create systems change for hous- ing/homelessness initiatives in Denton County. Further, the RECIPIENT is encouraged to work in partner- ship with fellow service providers to improve efficiency and effectiveness. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if delivered by courier or overnight mail service or if sent U.S. Mail postage paid, in each case to the parties and addresses set forth below: TO CITY: City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 w/ a copy to: City Attorney City of Denton 215 E. McKinney Street Denton, TX 76201 TO RECIPIENT: Denton Christian Preschool, Inc. Attn: Executive Director/CEOIContFnander 1114 W. University Drive Denton, Texas 76201 J. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, this Agreement has been executed as of the 2_,(o+h day of _ QC±, 1 be .0 , 2021. CITY OF DENTON: BY: SARA HENSLEY, INTERIM CITY MANAGER ATTEST: BY: ROSA RIOS, CITY SECRETARY ,, Ft+ 1 Dp, ()�f�� SW t � lose 11,0100 DENTON CHRISTIAN PRESCHOOL, INC.: BY: la no Y TITLE: ATTEST: BY: )!� a� , n�f_)� SECRETAR Page 15 of 20 APPROVED AS TO LEGAL FORM: BY:4&0(4 ACID RBINWAN , CITY ATTORNEY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms Siggnata Director of Community services Title Community Services Department Date Signed: October 13, 2021 Page 16 of 20 Attachment 1 Attachment 1 Exhibit A Scottie of Services The Scope of Services under this Agreement shall be as follows: SECTION I — SERVICE GOAL RECIPIENT assists the CITY to improve the availability and accessibility of services that promote strong, supportive relationships for families, neighborhoods, and communities and a suitable living environment, as outlined in the 2020-2022 City of Denton Consolidated Plan and supports a coordinated effort to maximize community resources. RECIPIENT shall provide: the Stop Poverty Educate At -Risk Kids (SPEAK) Program, providing quality education for preschool age children in the Denton conununity to ensure children are at or above grade level when entering kindergarten and ltelp end generational poverty. Funds -will cover a portion of salaries for two (2) employees — bilingual teacher and bus driver. The program will be operated at 1114 W. University Dr., Denton, TX 76201. The progran3 will operate Monday — Friday from 8 am to 4 per from August 1 to May 31 and 9 am to 2 prat during the month of July following the Denton ISD calendar for holidaylvacation closures. SECTION 11— OUTCOMES Tracking outcome measures will be a tool by which the CITY and the RECIPIENT can measure services delivered and perfomianee ander this agreement. RECIPIENT provides benefits to the citizens of the City of Denton through these, outcomes: • As a result of our SPEAK Prograiu our children are prepared for primary education in the public school system. The medical and diagnostic screenings we provide help ident* the needs of the children we serve and get them the services they need to suceed before entering Kindergarten. Whether ifs occupational therapy, speech or other services, RECIPIENT focuses on identifying the need and working with the parents • RECIPIENT is able to help support Denton families by providing there with a service they can count on and understand, many of our families are non-English speakers so providing there the service in their lan- guage benefits our students. • Providing transportation and food for children while they attend preschool pr'ovide's security for families who would otherwise experience hardships without the services from RECIPIENT SECTION 11— UNIT OF SERVICE A unit of service will be the tool by which the CITY and the RECIPIENT can measure services and performance under this Agreement. The total number of units of service required constitutes the performance target for the RECIPIENT under this Agreement. A unit of service shall be defined as services provided to an eligible low to moderate -income person or other presumed benefit category as defined, who is a resident of the City of Denton. Total Number of Unduplicated Clients Agency: 48 Program.: 48 Total Number of Unduplicated Clients City of Denton Only: Agency: 40 Program: 40 Service Unit 1: Page 17 of 20 Attachment 1 Unit of Service: Portion ofBiliaa ual Teacher Salam -Number of hours dedicated to teachin 1•e aria files and assessments for students `n class Total Clients: 48 Tota( Units Delivered; 1.680 Unit of Service Cost: $24,000.00 Cost per Client: $500.00 Cost per Unit: $14.24 Service Unit 2: Unit of Service: Bus Driver Salary - Number of bourn, dedicated to transporting children safely to and from school as well as field tris and ensuring buses are maintained oil chap es cats ections xnechanieal is- sues Total Clients: 48 Total Units Delivered: 533 Unit of Service Cost: $5,000.00 Cost pet Client: $125.00 Cost per Unit: $11,26 Page 18 of 20 Attachment 1 Exhibit B Budget RECIPIENT shall provide the services listed in this Agreement within the monetary limits attached hereto and incor- porated by reference herein. In no event shall compensation to the RECIPIENT exceed the lesser ofthe RECIPIENT'S casts attributable to the work performed as stated herein, or sun; of Thirty Thousand and null 00 Dollars ($30,000M). Allowable Expenditure Portion of Bilingual Teacher Salary $21,000.00 Bus Driver Salary $ 6,0fl0.t10 Total $30,00,00 RECIPIENT will be reimbursed in accordance with Section 7 of this Agreement for eligible expenditures Made in connection with the Scope of Set -vices described in Exhibit. A to this Agreement. RECIPIENT will submit monthly reimbursement requests as provided in this Exhibit B and in this Agreenicat, Reimbursement requests inust include (list iterns/backup required with Request for Paynient) AH Agencies: 1. Cost Allocation flan prior to their first Request for Reimbursement 2. Client List, numbered witli unique identifier (at least quarterly) 3. Other documentation may be requested to support any cost allocation reirnbursernents For Agencies Seeking Salary reimbursements: 1. Copy of Timesheet sighed by staff member ,AND supervisor 2. Copy of Paystub with payroll detail. Payroll register accepted if provided by third party vendor. 3. City of Deman Salary Ledger Sheet For Agencies seeking cost reiniburscinent for _purchase of Goods or Services: 1. Invoice/Reccipt 2. Proof of payinent (copy of check with check number or bank statement) Page 19 of 20 Attachment 1 Exhibit C U.S. Department of Housing purl Urban Develaunz_ent_(HUD) Income Limits Qualifying Income Limits For Federally Assisted Programs FY 2021 Inceine Limits Summary Dallas, TX HUD Metro FMR Area Median Household Income: $ 89,000 (Houseltold of 4) Income Unit Cate- UY Low (80%) Ve�ow5( Q!/6 30% Limits 1 49,850 31,150 18 700 2 57,000 35,600 21,400 3 4 64,100 71,200 40,050 44,500 24 050 26,700 S 76 900 48,100 31,040 6 82 600 51,650 35,580 788,300 55,200 40,120 8 — 94000 58,750 44,660 Page 20 of 20