22-1577ORDINANCE NO. 22-1577
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND DENTON CITY COUNTYDAY SCHOOL TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FORPUBLIC FACILITY IMPROVEMENTS IN DENTON. TEXAS; AUTHORIZING THEEXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $27,000.00; AND PROVIDING ANEFFECTIVE DATE.
WHEREAS, the City of Denton (the “City”) has received Community Development Block Grant
(“CDBG”) funds from the U.S. Department of Housing and Urban Development (“HUD”) under Title I of
the Housing and Community Development Act of 1974, as amended; CDBG Program, CFDA Number
14-218; and
WHEREAS, the City has adopted a budget and included therein an authorized budget for the
expenditure of CDBG funds in accordance with its 2020-2022 City of Denton Consolidated Plan; and
WHEREAS, the Community Services Advisory Committee (“CSAC") of the City has reviewed
the proposal for services of Denton City County Day School (the “SUBRECIPIENT”) for Public Facility
Improvement and has determined that the SUBRECIPIENT performs an important service for the
residents of Denton without regard to race, religion, color, age, or national origin, and the CSAC
recommends the award of CDBG funds for such services in accordance with the 2020-2022 City of
Denton Consolidated Plan pursuant to the 2022-2023 Community Development Block Grant Service
Agreement between the City and SUBRECIPIENT attached hereto as Attachment 1 and incorporated
herein for all purposes (the “Agreement”); and
WHEREAS, the facility improvements will provide a benefit to low- and moderate-income
persons in the City of Denton; 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 supportof 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 their designee is hereby authorized to execute the Agreement
with Denton City County Day School to provide for Public Facility Improvement.
SECTION 3. The City Manager or their designee is hereby authorized to expend funds in an
amount not to exceed $27,000.00 of CDBG funds in the manner specified in the Agreement, and to take
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any other actions that may be necessary or convenient, in the reasonable opinion of either the CityManager 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.
dinance was made by BriAn Bak and seconded byiS:\:_. The ordinance was passed and approved by the following vote
Aye Nay Abstain Absent
The motion to3eBe e th1SOaJO
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the day of atDtM , 2022.
GERARD HUDSPETH, MAYOR
DEPOT?ATTEST CITY SECRETARYrpaBvs %azAd
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APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
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2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS ANDDENTON CITY COUNTY DAY SCHOOL
This 2022-2023 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 City County Day School, 1603 Paisley, Denton Texas 76209, hereinafter referred to as"SUBRECIPIENT."
WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development
(“HUD”) under Title I of the Housing and Community Development Act of 1974, as amended (the “ACT”); CDBG
Program, CFDA Number 14-218; and
WHEREAS, CITY’s Community Services Advisory Committee (“CSAC”) has reviewed the SUBRECIPIENT’s
proposal for services and has determined that SUBRECIPIENT performs an important service for the residents of
the City of Denton without regard to race, religion, color, age, or national origin, and the CSAC recommends
SUBRECIPIENT’s proposal for services; and
WHEREAS, CITY has determined that the SUBRECIPIENT’s proposal for services can provide needed services to
the residents of the City of Denton in accordance with the 2020-2022 City of Denton Consolidated Plan and will
benefit low- and moderate-income persons in the City of Denton, 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 2022 Action Plan;
WHEREAS, CITY has designated the Community Development Division as the division responsible for the
administration of this Agreement and all matters pertaining thereto; and
WHEREAS, CITY’s City Council has approved the expenditure of up to $27,000.00 in CDBG funds consistent
with the terms of this Agreement;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligation£ and
to the performance and accomplishment of the conditions hereinafter described.
1. TERM
This Agreement shall commence on or as of October 18, 2022, and shall terminate on September 30, 2023, unless
sooner terminated in accordance with Section 25 “Termination.”
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2. RESPONSIBILITIES
SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described in
the Scope of Services attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and
efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider
SUBRECIPIENT’s executive officer to be SUBRECIPIENT’s representative responsible for the management of all
contractual matters pertaining hereto, unless written notification to the contrary is received from SUBRECIPIENT
and approved by CITY.
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
SUBRECIPIENT certifies that the activities carried out with these hInds shall meet the Community Development
Block Grant (“CDBG”) program’s National Objective of benefitting low and moderate-income persons.
SUBRECIPIENT shall provide services 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 SUBRECIPIENT shall use the
current applicable income limits published by HUD for lower income housing assistance under Section 8 of the
United States Housing Act of 1937. Income eligibility shall be determined by the sum of the gross income of all
individuals residing in the household. Services must be provided directly to or on behalf of specific identified
eligible clients. Eligibility documentation must be included in each client’s file and updated annually, or services
must be provided to a clientele that is within a “presumed benefit” category as specified in 24 CFR 570.208.
3. REPRESENTATIONS
SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper,
appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement.
The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT do hQreby warrant
and guarantee that he, she, or they have been fully authorized by SUBRECIPIENT to execute this Agreement
on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances, and
provisions herein set forth.
CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement
if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to
enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for
performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the
reasons enumerated in this Section
SUBRECIPIENT agrees that the funds and resources provided under the terms of this Agreement will in no
way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources,
services, or other benefits which would have been available to, or provided through, SUBRECIPIENT had this
Agreement not been executed.
A.
B.
C.
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4. OBLIGATIONS
CITY agrees to the following terms and conditions:A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant to and in
accordance with the Project Budget attached hereto as Exhibit B and the Scope of Services herein attached as
Exhjbit A and incorporated herein by reference. Notwithstandingany other provision of the Agreement, the
total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of
Twenty-Seven Thousand and no/100 Dollars – $27,000.00.
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B.Measure of Liability. In consideration of full and satisfactory services and activities hereunder by
SUBRECIPIENT and receipt of a requisition for payment with appropriate documentation of expenditures,
CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit B, subject to the limitations
and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon
certification of the SUBRECIPIENT’s financial management system in accordance with the standards specified
in 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.
(1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent
upon CITY’s receipt of adequate CDBG funds to meet CITY’s liabilities under this Agreement. If
adequate funds are not available to make payments under this Agreement, CITY shall notify
SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may,
at its option, either reduce the amount of its liability, 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
SUBRECIPIENT under this Agreement.
(2) it is expressly understood that this Agreement in no way obligates the General Fund or any other
monies or credits of the City of Denton.
(3) CITY shall not be liable for any cost or portion thereof which:
(a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source;
(b) was incurred prior to the beginning date or after the ending date specified in Section 1 ;
(c) is not in strict accordance with the terms of this Agreement, including all exhibits attached
hereto;
(d) has not been billed to CITY within 90 calendar days following billing to SUBRECIPIENT, or
termination of the Agreement, whichever date is earlier; or
(e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of
SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that
SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until
CITY advises SUBRECIPIENT to proceed.
(5) CITY shall not be obligatedor liable under this Agreement to any party other than SUBRECIPIENT
for payment of any monies or provision of any goods or services.
(6) Funding not expended within the term of the Agreement will revert to the City of Denton CDBG
budget for use on alternative projects.
SUBRECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY, the
SUBRECIPIENT agrees to the following terms and conditions:
(1) Twenty-Seven Thousand and no/100 Dollars – $27,000.00 may be paid to SUBRECIPIENT by CITY
under the terms of this Agreement on a reimbursement basis. Subrecipient shall be eligible for
reimbursement only for expenditures made in accordance with the Project Budget set forth in Exhibit B
to complete those expenses listed in the Scope of Services in Exhibit A. SUBRECIPIENT shall not
utilize these funds for any other purpose.
(2) SUBRECIPIENT will establish, operate, and maintain an account system for these funds that will allow
for a tracing of funds and a review of the financial status of the project. The system will be based on
generally accepted accounting principles as recognized by the American Institute of Certified PublicAccountants
(3) SUBRECIPIENT will permit authorized officials of the City to review its books at any time.
C.
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(4) SUBRECIPIENT will reduce to writing all of its rules, regulations, and policies and file a copy with
CITY’s Community Development Office along with any amendments, additions, or revisions upon
request
(5) SUBRECIPIENT will not enter into any contracts that would encumber CITY funds for a period that
would extend beyond the term of this Agreement.
(6) SUBRECIPIENT will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to CITY’s Community Development
Division for further direction.
(7) SUBRECIPIENT will appoint a representative who will be available to meet with CITY officials when
requested.
(8) SUBRECIPIENT will indemnify and hold harmless CITY, its officers, and employees, from any and
all claims and suits arising out of the activities of SUBRECIPIENT, its employees, and/or contractors.
(9) SUBRECIPIENT will submit to CITY copies of year-end audited financial statements.
5. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been
made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development)
under the Housing and Community Development Act of 1974, as amended, in accordance with an approved
Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and certifies that it will
comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as
amended and with regulations promulgated thereunder and codified at 24 CFR 570. The foregoing is in no way
meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or
administrative ruling or to narrow the standards which SUBRECIPIENT must follow.
SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of
the City of Denton.
SUBRECIPIENT agrees to abide by the conditions of and comply with the r6quirements of 2 CFR Part 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
SUBRECIPIENT further agrees and certifies that if the regulations and issuances promulgated pursuant to the
Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this
Agreement.
SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in
24 CFR 570.502, 570.505, and 24 CFR 570 subpa:rt K with the exceptions noted below:
(1) SUBRECIPIENT does not assume CITY’S environmental responsibilities described at CFR 570.604;
and
(2) SUBRECIPIENT does not assume the CITY’s responsibility for initiating the review process under the
provisions of 24 CFR Part 52.
SUBRECIPIENT shall give the CITY, HUD, the Comptroller General of the United States, the Auditor of the
State of Texas, and any authorized representative, access to and the right to reproduce all records belonging to
or in use by SUBRECIPIENT pertaining to this Agreement. Such access shall continue as long as
SUBRECIPIENT retains the records. SUBRECIPIENT shall maintain such records in an accessible location for
three (3) years after the end of the term or, for records that relate to real property that is acquired or improved in
whole or jn part using funds provided pursuant to this agreement, for five (5) years after the end of the term.
SUBRECIPIENTagrees to abide by the conditions of this AgreemQnt and all Other applicable Federal, state,
and local laws and regulations such as the requirements of the Secretary of Labor in accordance with the Davis-
A.
B.
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Bacon Act as amended, the provisions of the Contract Work Hours Safety Standards Act, the Copeland “Anti-
Kickback Act” (40 U.S.C. 276a-276a-5; 40 USC 327 and 40 USC 276c) pertaining to the performance of this
Agreement.
SUBRECIPIENT will work with CITY to obtain and maintain documentation of compliance. Upon written
request by the CITY, SUBRECIPIENT will obtain the services of consultant to monitor the contractor’s
compliance with these requirements.
SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in 24 CFR 135,
and all applicable rules and orders issued hereunder prior to the execution of this Agreement and agrees that
these provisions shall also be binding on any of the SUBRECIPIENT’S subcontractors. The SUBRECIPIENT
certifies that no contractual or other disability exists which would prevent compliance with these requirements.
SUBRECIPIENT further agrees to include a statement in all subcontracts requiring compliance with Section 3
and requiring subcontractors, to the greatest extent feasible, to provide opportunities for training and
employment to low and moderate-income individuals that are residents of the project area. Upon written
request of the CITY, SUBRECIPIENT will obtain the services of a consultant to monitor the general
contractor’s compliance with the Section 3 requirements.
SUBRECIPIENT shall not use funding under this Agreement to influence the outcome of elections or the passage
or defeat of any legislative measures. SUBRECIPIENT understands that funds provided to it pursuant to this
Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of
Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in
accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures
and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974
(P.L. 93-383) as amended and with regulations promulgated thereunder and codified at 24 CFR 570. The foregoing
is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or
administrative ruling, or to narrow the standards which SUBRECIPIENT must follow.
SUBRECIPIENT will comply with the Federal procurement standards at 2 CFR 200 Subpart D – Post Federal
Award Requirements.
SUBRECIPIENT Agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR
570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and
Relocation Assistance Plan under section 104(d) of the HCD Act; and 9(c) the requirements in 24 CFR 570.606(d)
governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons
as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or
conversion for a CDBG-assisted project.
Any real property that is acquired or improved in whole or in part using funds provided pursuant to this agreement
shall be used for the benefit of low- and moderate-income persons for a period of at least five years following the
expiration of the term of this agreement. To secure this use, CITY may place a lien or restrictive covenants on such
property. SUBRECIPIENT shall duly execute and record any necessary documentation to give effect to any such
lien or restrictive covenants.
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6. PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will provide, oversee, administer, and carry out activities and services set out in Exhibit A,
utilizing the funds in accordance with the budget described in Exhibit B. Both parties agree and acknowledge that
the amount of funds provided hereunder is necessary and sufficient payment for full and satisfactory performance
of the program in accordance with all terms, provisions, and requirements of this Agreement.
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No modifications or alterations may be made to the Scope of Services or Budget without the prior written approval
of the CITY’s Director of Community Services.
7. PAYMENTS
Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPIENT a maximum amount of money not
to exceed Twenty-Seven Thousand and no/100 Dollars – $27,000.00 for activities carried out under this
Agreement. The CITY will pay these funds on a reimbursement basis to SUBRECIPIENT within twenty days
after CITY has received supporting documentation of eligible expenditures. Expenses incurred on or after
October 1, 2022 may be eligible for reimbursement. Documentation of expenditures must be submitted to the
Community Development Division by dates required by Community Development. SUBRECIPIENT’s failure
to provide information on a timely basis may jeopardize present or future funding. The project must be
completed, and all payments requested on or before September 30, 2023 the term of the Agreement. No
additional payments will be made if the work is not completed and the payment request(s) with appropriate
documentation is not received by September 30, 2023.
Funds are to be used for the sole purpose of carrying out the activities described in the Scope of Services in
Exhibit A and based on the Budget in Exhibit B.
If, in CITY’s sole judgment, SUBRECIPIENT’s reimbursement request for any period does not provide
sufficient documentation of allowable expenditures or if CITY requests inspection or verification of claimed
expenditures after receipt of a reimbursement request, CITY may withhold reimbursement for those
expenditures for an amount of time deemed reasonable by CITY pending such inspection, verification, or
receipt of documentation.
Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY’s request, any sum
of money which has been paid by CITY and which CITY at any time thereafter determines:
(1) has resulted in overpayment to SUBRECIPIENT; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
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, the
U.S. Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will
refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT, which specifies
the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or
through CITY
Reversion of Assets.
(1) SUBRECIPIENT, upon expiration of this Agreement, shall transfer to the CITY any funds on hand at
the time 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.
Obligation of Funds.
(1) in the event that actual expenditure rates deviate from SUBRECIPIENT’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 SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this
Agreement, CITY may require a refund of any and all money expended pursuant to this Agreement by
A
B.
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SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within
ten working days of a written notice to SUBRECIPIENT to revert these financial assets.
Contract Close Out. SUBRECIPIENT shall submit a final expenditure report, for the time period covered by
the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the
close of the Agreement period.
H
8. ALLOWABLE COSTS
Costs must comply with eligible CDBG Program Activities pursuant to guidance published by HUD and
CDBG regulations located at 24 CFR Part 570.
Costs shall be considered allowable only if incurred directly and specifically in the performance of and in
compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B.
Approval of SUBRECIPIENT’s Budget, Exhibit B, does not constitute prior written approval, even though
certain items may appear herein. CITY’s 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 exceed one-fourth (1/4) of the total
budget for any particular line-item as specified in Exhibit B.
(2) CITY shall not be obligated to any third parties, including any contractors or subcontractors of
SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond
the expiration of this Agreement.
(3) Any akernations, deletions, or additions to the Project Budget incorporated in Exhibit B.
(4) Any fees or payments for consulting services.
(5) Any fees or payments for consultant services.
Written requests for prior approval are SUBRECIPIENT’s responsibility and shall be made within sufficient
time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to
the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any
procurement or purchase which may be approved under the terms of this Agreement must be conducted in its
entirety in accordance with the provisions of this Agreement.
A.
B.
C.
D.
9. PROGRAM INCOME
For purposes of this Agreement, Program Income means earnings of SUBRECIPIENT realized from activities
resulting from this Agreement or from SUBRECIPIENT’s management of funding provided or received
hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees,
income produced from contract-supported services of individuals or employees, or from the use or sale of
equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients
or third parties for services rendered by SUBRECIPIENT under this Agreement.
SUBRECIPIENT shall maintain records of the receipt and disposition of Program Income in the same manner
as required for other contract funds and reported to CITY in the format prescribed by CITY. CITY and
SUBRECIPIENT agree that any fees collected for services performed by SUBRECIPIENT shall be used for
payment of costs associated with service provision. Revenue remaining after payment of all progam 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 CFR, Section 570.504.
SUBRECIPIENT shall include this Section in its entirety in all of its subcontracts which involve other income-
producing services or activities.
A.
B.
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D. It is SUBRECIPIENT’s responsibility to obtain from CITY a prior determination as to whether or not income
arising directly or indirectly from this Agreement, or the performance thereof, constitutes Program Income.
SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be
Program Income, unless otherwise approved in writing by CITY.
10. REPORTS AND INFORMATION
At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data,
and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT
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 beginning date specified in Section 1 of this Agreement. Unless the CITY has granted a written
exemption, SUBRECIPIENT shall submit an audit conducted by independent examiners in accordance with
Generally Accepted Accounting Principles. If the SUBRECIPIENT receives and/or expends more than $750,000
in federal funding, the audit must be conducted in accordance with OMB audit requirements in 2 CFR PaN 200, as
applicable, within thirty days after receipt of such audit.
11. MONITORING AND EVALUATION
SUBRECIPIENT agrees to participate in a monitoring and evaluation system whereby the services can be
continuously monitored. CITY shall perform monitoring of the SUBRECIPIENT’s performances under this
Agreement.
A. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by
SUBRECIPIENT to the provisions of this Agreement which are attached hereto.
B. SUBRECIPIENT agrees to cooperate fully with CITY and to provide data determined by CITY to be necessary
for CITY to effectively fulfill its monitoring and evaluation responsibilities.
C. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and
to designate one of its staff to coordinate the monitoring process as requested by CITY staff.
D. To comply with this section, SUBRECIPIENT 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. SUBRECIPIENT’s record system shall contain sufficient documentation to provide in detail full
support and justification for each expenditure. SUBRECIPIENT 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 SUBRECIPIENT of responsibility for retaining accurate and current
records, which clearly reflect the level and benefit of services, provided under this Agreement.
E. After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT with a written report of
monitoring findings, documenting findings and concerns that will require a written response to the CITY. An
acceptable response must be received by the City within 60 days from the SUBRECIPIENT’s receipt of the
monitoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT’s
failure to submit a response within 60 days.
F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the
SUBRECIPIENT’s funding or regulatory bodies to CITY within ten working days of receipt bySUBRECIPIENT
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G. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance.
Results of monitoring efforts shall be summarized in written reports and supported with documented evidence
of follow-up actions taken to correct areas ofnoncompliance.
12. MAINTENANCE OF RECORDS
SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete
disclosure of the status of the funds received under this Agreement, in compliance with the provisions of
Exhibit A and Exhibit B, and attached hereto, with any other applicable Federal and State regulations
establishing standards for financial management, SUBRECIPIENT’s expenditures of funds made under this
Agreement will conform to (2 CFR §200) Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, and the regulations at 24 CFR Part 570 as applicable including, Title 24
CFR Sections 570.502 (b), 570.504, and 570.506 as they pertain to costs incurred, audits, program income,
administration, and other activities and functions. SUBRECIPIENT’s record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure. Nothing in this Section
shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of
this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all
subcontracts.
SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures
pertaining to the operation of programs and expenditures of funds under this Agreement for five years after the
termination of all activities funded under this agreement.
Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining
accurate and current records, which clearly reflect the level and benefit of services provided under this
Agreement.
At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available
to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or
any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to
conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment,
and all other data requested by said representatives.
A.
B.
C.
D.
13. DIRECTORS’ MEETINGS
During the term of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices of
meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY
in a timely manner to give adequate notice and shall include an agenda and a brief description of the matters to be
discussed. SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the
Board of Directors’ meetings. Minutes of all meetings of SUBRECIPIENT’s governing body shall be available to
CITY within ten days after Board approval.
14. WARRANTIES
SUBRECIPIENT represents and warrants th4t:
A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY, are
complete and accurate as of the date shown on the information, data, or report, and, since that date, have not
undergone any significant change without written notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are c61nplete,
accurate, and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the
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results of the operation for the period covered by the report, and that since said date, there has been no material
change, adverse or otherwise, in the financial condition of SUBRECIPIENT.
No litigation or legal proceedings are presently pending or threatened against the SUBRECIPIENT.
None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is
doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT.
SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder and has taken all
necessary action to authorize such acceptance under the terms and conditions of this Agreement.
None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any character, except for
current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT toCITY
Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by
the submission of each request for payment.
SUBRECIPIENT agrees to execute a lien that will be placed on the property improved with CDBG funds. The
lien will name CITY as the primary beneficiary for a period not to exceed ten years.
C.
D.
E.
F.
G.
H.
15. COVENANTS
During the period of time that payment may be made hereunder and so long as any payments remain
unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development
Manager or her authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of
SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens,
or other encumbrances to remain on, or attached to, any assets of SUBRECIPIENT which are alIQcated
to the performance of this Agreement and with respect to which CITY has ownership hereunder.
(2) Sell, assign, pledge, transfer, or otherwise dispose of accounts receivables, notes, or claims for money
due or to become due
(3) Sell, convey, or lease all or a substantial part of its assets.
(4) Make any advance or loan to, or incur any liability for any other firm, person, entity, or corporation as
guarantor, surety, or accommodation endorser,
(5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to
SUBRECIPIENT by CITY, unless CITY authorizes such transfer.
(6) Enter into any subcontracts with any agency or individual in the performance of this Agreement
without the written consent of CITY prior to the execution of such an agreement or subcontract.
SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions
sponsored by the Community Development Division.
A.
B
16. INSURANCE
SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance
as would provide adequate coverage for services offered under this Agreement.
The premises on and in which the activities described in Exhibit A are conducted, and the employees
conducting these activities, shall be covered by premise liability insurance, commonly referred to as
“Owner/Tenant” coverage, with CITY named as an additional insured. Upon request of SUBRECIPIENT,
CITY may, at its sole discretion, approve alternate insurance coverage arrangements.
A.
B
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C.
D.
SUBRECIPIENT will comply with applicable workers’ compensation statutes and will obtain employers’
liability coverage where available and other appropriate liability coverage for program participants, if
applicable.
SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or
operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the
normal scope and course of their employment must possess a valid Texas driver’s license and automobile
liability insurance. Evidence of the employee’s current possession of a valid license and insurance must bemaintained on a current basis in SUBRECIPIENT’s files.
Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement
and remain the sole responsibility of SUBRECIPIENT.
The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be
notified in writing of any cancellation or change in the policy at least 30 days prior to such change or
cancellation.
E.
F.
17. CIVIL RIGHTS / EQUAL OPPORTUNITY
SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws
or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment
because of race, colot, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT will
take affirmative action to ensure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layofif, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws
or regulations. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b), Section 109 of Title 1 of the
Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973,
the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 1 1063 and
Executive Order 1 1246 as amended by Executive Orders 11375 and 12086.
SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its
books, records, and accounts for purposes of investigation to ascertain compliance with local, state, and Federal
rules and regulations.
In the event of SUBRECIPIENT’s non-compliance with the non-discrimination requirements, CITY may
cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further
contracts with CITY.
[SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises and
women’s business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term “small business” means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business
enterprise” means a business at least fifty-one percent (5 1 %) owned and controlled by minority group membQrs
or women. For the purpose of these definitions, “minority group members” are Afro-Americans; Spanish-
speaking, Spanish surname(i, or Spanish-heritage Americans; Asian Americans; and American Indians.
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an indepQndent investigation.]
A
B.
C.
D.
E
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18. PERSONNEL POLICIES
Personnel policies shall be established by SUBRECIPIENT and shall be available for examination. Such personnel
policies shall:
A. Include policies with respect to employment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel; and
B. Be in writing; and
C. Be approved by the governing body of SUBRECIPIENT.
19. CONFLICT OF INTEREST
SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest,
direct or indirect, which would conflict in any manner or degree with the performance of services required to be
performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this
Agreement, no person having such interest shall be employed or appointed as a member of its governing body.
SUBRECIPIENT further covenants that no member of its governing body or its staff, 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 by desire for private gain for himself/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 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
corporation, partnership, or association in which he or she has a direct or indirect interest.
A.
B.
C.
20. NEPOTISM
SUBRECIPIENT 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 SUBRECIPIENT or is a member of SUBRECIPIENT’s governing board.
The term “member of immediate family” includes: wife, husband, son, daughter, mother, father, brother, sister, in-
laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother, and half-sister.
21. POLITICAL OR SECTARIAN ACTIVITY
Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the
SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged
in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code.
The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; sectarian or religious activities, lobbying, political
patronage, or nepotism activities.
The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate
for public office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending
legislation. Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part
by funds provided to SUBRECIPIENT under this Agreement may not under the term of this Agreement:
(1) Use their official position or influence to affect the outcome of an election or nomination;
(2) Solicit contributions for political purposes; or
(3) Take an active part in political management or in political campaigns.
A.
B.
C
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D. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit C and if
necessary, the Disclosure of Lobbying Activities provided by the CITY.
22. PUBLICITY
Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by
SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising medium,
disseminating information prepared or distributed by or for SUBRECIPIENT, the advertising medium shall
state that the U.S. Department of Housing and Urban Development’s Community Development Block Grant
Program funding through the City of Denton has contributes to make the project possible.
All published material and written reports submitted under this project must be originally developed material
unless otherwise specifically provided in 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.
All published material submitted under this project shall include the following reference on the front cover or
title page:
This document is prepared in accordance with the City of Denton’s Community Development Block Grant
Program, with funding received fom the United States Department of Housing and Urban Development.
All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of
basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by
SUBRECIPIENT shall become the property of CITY upon receipt.
A.
B.
C.
D.
23. CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed
by both parties, except when the terms of this Agreement expressly provide that another method shall be used.
SUBREC'IPIENT may not make transfers between or among approved line items within budget categories set
forth in Exhibit B without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the
budget revision in a form prescribed by CITY, and such request for revision shall not increase the total
monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change
the nature, intent, or scope of the program funded under this Agreement.
SUBRECIPIENT will submit revised budget and program information whenever the level of funding for
SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any
portion of Exhibit B.
It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations
pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically
incorporated into this Agreement without written amendment hereto and shall become a part of the Agreement
on the effective date specified by the law or regulation.
CITY may, from time to time during the term of the Agreement, request changes to the Agreement, which may
include an increase or decrease in the amount of SUBRECIPIENT’s compensation. Such changes shall be
incorporated in a written amendment hQreto, as provided in Subsection A of this Section.
Any alterations, deletions, or additions to the program budget incorporated in Exhibit B shall require the prior
written approval of CITY.
SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under
this Agreement at least 30 calendar da9§ in advance of the change.
SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition.
A.
B
C.
D.
E.
F.
G.
H
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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 of SUBRECIPIENT’s failure to timely and properly perform each of the
requirements, time conditions, and duties provided herein, CITY, without limiting any rights it may otherwise have,
may, at its discretion, and upon ten working days written notice to SUBRECIPIENT, withhold further payments to
SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of
SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure.
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, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds
withheld or impounded during the suspension period. If, however, CITY determines that SUBRECIPIENT has not
come into compliance, the provisions of Section 25 may be effectuated.
25. TERMINATION
CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not
specifically enumerated in this paragraph:
(1) SUBRECIPIENT’s failure to attain compliance during any prescribed period of suspension as
provided in Section 24.
(2) SUBRECIPIENT’s failure to materially comply with any of the terms of this Agreement.
(3) SUBRECIPIENT’s violation of covenants, agreements, or guarantees of this Agreement.
(4) Termination or reduction of funding by the CITY or HUD.
(5) Finding by CITY that the SUBRECIPIENT:
(a) is in such unsatisfactory financial condition as to endanger performance under this
Agreement;
(b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; or
(c) is delinquent in payment of taxes or of costs of performance of this Agreement in the ordinarycourse of business.
(6) Appointment of a trustee, receiver, or liquidator for all or substantial part of SUBRECIPIENT’s
property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by
or against SUBRECIPIENT.
(7) SUBRECIPIENT’s inability to conform to changes required by Federal, State, and local laws or
regulations as provided in Section 4, and Section 2, of this Agreement.
(8) The commission of an act of bankruptcy.
(9) SUBRECIPIENT’s violation of any law or regulation to which SUBRECIPIENT is bound or shall be
bound under the terms of the Agreement
CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of
termination. Simultaneous notice of pending termination may be made to other funding source specified inExhibit B.
CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for
convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the
effective date of termination. In no event will this compensation exceed an amount which bears the same ratio
A.
B.
C
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to the total compensation as the services actually performed bears to the total services of SUBRECIPIENT
covered by the Agreement, less payments previously made.
SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination
of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT
may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of
CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as
defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question.
SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT’s organization not
occasioned by a breach of this Agreement.
Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw, or otherwise terminate any
outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable
to SUBRECIPIENT or SUBRECIPIENT’s creditors for any expenses, encumbrances, or obligations
whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph.
Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be
relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by
SUBRECIPIENT, and CITY may withhold any reimbursement to SUBRECIPIENT until such time as the exact
amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined.
D.
E.
F.
G.
26. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit, or other action is made or brought by any person(s), firm, corporation, or
other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within five
working days after being notified of such claim, demand, suit, or other action or proceeding. Such notice shall
state the date and hour of notification of any such claim, demand, suit, or other action; the names and addresses of
the person(s), firm, corporation, or other entity making such claim, or that instituted or threatened to institute any
type of action or proceeding; the basis of such claim, action, or proceeding; and the name of any person(s) against
whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail
in accordance with the provisions of Section 29.1.
27. INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as
an independent contractor and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents, and
employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of,
any claims, audit exceptions, demands, suits, or damages of any character whatsoever resulting in whole or in
part from the performance or omission of any employee, agent, or representative of SUBRECIPIENT.
SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY its agents,
employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney
fees, expenses, and liability arising out of the use of these contracted funds and program adpinistration and
implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or
contractors .
A
B
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28. NON-RELIGIOUS ACTIVITIES
As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in activities supported by
CITY funding including programs that make funds available through contracts, grants, or cooperative
agreements. SUBRECIPIENT 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, or a refusal to attend or participate in a religious 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
SUBRECIPIENTS’ programs.
Faith based organizations that carry out programs or activities with direct Federal financial assistance from
HUD are required to provide written notice of certain protections to 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 hold a religious belief, or a refusal to attend or participate in a
religious practice;
The organization may not require a beneficiary to attend or participate in any explicitly religious
activities that are offered by the organization, and any participation by the beneficiary in such
activities must be purely voluntary; and
The organization must separate, in time or location, any privately funded explicitly religious
activities from activities supported by direct Federal financial assistance; and
If a beneficiary objects to the religious character of the organization, the organization must undertake
reasonable efforts to jdentify and refer the beneficiary to an alternative provider to which the
beneficiary has no such objection;
A beneficiary or prospective beneficiary may report an organization's vio14tion of these protections,
including any denials of services or benefits by an organization, by contacting or filing a written
complaint to HUD or the intermediary administering the program, if applicable.
Faith-based organizations must provide this notice to prospective beneficiaries prior to enrollment. In
the event of an emergency or exigent circumstance 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.
Faith-based organizations that carTy out a program or activity with direct Federal financial assistance
from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a
beneficiary or prospective beneficiary objects to the religious character of the organization, and to
refer the beneficiary or prospective beneficiary to an alternative provider to which the beneficiary or
prospective beneficiary has no such objection.
A.
B.
(2)
(3)
(4)
(5)
(6)
(7)
29. ENVIRONMENTAL CONDITIONS
SUBRECIPIENT agrees to comply with the following requirements insofar as they apply to the performance of
this Agreement:
(1) Clean Air Act, 42 U.S.C., 7401, et seq.;
(2) Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318
relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in said Section 1 14 and Section 308, and all regulations and guidelines issued thereunder;
(3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
A
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B.In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency
Management SUBRECIPIENT (FEMA) as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608 and
24 CFR Part 35, Subpart B. RECIPIENT shall comply with all notice, abatement, testing, risk assessment, and
treatment requirements in the regulations.
SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they
apply to the performance of this Agreement.
C.
D.
30. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSINGREPLACEMENT
SUBRECIPIENT agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b);
(b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance
Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional
relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR
570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a
CDBG-assisted project. SUBRECIPIENT also agrees to comply with applicable CITY ordinances, resolutions, and
policies concerning the displacement of persons from their residences.
31. MISCELLANEOUS
SUBRECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any interest therein, or any
claim arising thereunder, to any party or parties, bank, trust company, or other financial institution without the
prior written approval of CITY.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall
remain in full force and effect and continue to conform to the original intent of both parties hereto.
All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of
basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by
SUBRECIPIENT shall become the property of CITY upon request.
Debarment: SUBRECIPIENT certifies that it is not listed on the System for Award Management (SAM),
which list the debarred, suspended, or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549 and 24 CFR Part 24.
In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in
any one or more instances upon the terms and conditions of this Agreement, constitute or be construed in any
way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be
committed by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights,
powers, privileges, or remedies are qlways specifically preserved. No representative or agent of CITY may
waive the effect of this provision.
A.
B.
C.
D.
E
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F.This Agreement, together with referenced Exhibits, constitutes the entire agreement between the parties hereto,
and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this
Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion,
statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate,
recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation
or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, CITY
as the party ultimately responsible to U.S. Department of Housing and Urban Development (HUD) for matters
of compliance, will have the final authority to render or to secure an interpretation.
If SUBRECIPIENT provides services to the homeless it is required to:
(1) Report homeless data to the Homeless Management Information System (HMIS). Homeless
Management Information System (HMIS): HMIS is a countywide data management tool designed to
facilitate data collection in order to improve human service delivery throughout Denton County.
Participation in the Homeless Management Information System (HMIS) is a requirement per this
agreement. Data entered into HMIS will help our community improve services to individuals
experiencing homelessness 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 hofnelessness.
Participation is also critical to help Denton and Denton County successfully compete for grants for
federal funding, such as the U.S. Department of Housing and Urban Development’s homeless
assistance funds.
(2) Participate in the Denton County Homeless Leadership Team meetings and any 4pplicable
workgroup(s). The Denton County Homeless Leadership Team is a collaborative, cross-sector team
that convenes to improve the planning, coordination, oversight, and implementatiQn required to create
systems change for housing/homelessness initiatives in Denton County. Further, the Agency is
encouraged to work in partnership with fellow service providers to improve effici6ncy and
effectiveness.
For purposes of this Agreement, all official communications and notices among the parties shall be deemed
made if sent postage paid to the parties and address set forth below:
G.
H.
1.
TO CITY:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
TO SUBRECIPIENT:
Denton City County Day School
1603 Paisley Street
Denton, Texas 76209
w/ a copy to:
City Attorney
City of Denton
215 E. McKinney
Denton, TX 76201
Page 18
DocuSign Envelope ID: C019E61B-AF70417E-93F8-10E9DIA63CA7
G.This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any
litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County,Texas
IN WITNESS OF WHICH this Ag,ee„„.t has bee. e,ec„ted ,n thi, th, t 8b d,y of(')Caba/ , 2022.
CITY OF DENTON DENTON CITY COUNTY DAY SCHOOLGK./”"'~\---M F9108e6B8B0949FExecutive D1 rector
BY:aBY
SARA HENSiBY
CITY MANAGER
ATTEST: \rp o rY' ROSA RICH. CITY SECRETARY
ATTEST:
Dmu Signed by:
408..
Board of Dlrectors
APPROVED AS TO LEGAL FORM:
]B!IF )(r : 11gO!IFit11nb E :> E;TroT 0 3 :: : : : 3B r a y
MACK REINWAND,CITY ATTORNEY
b\\\11111111
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operationalobligations and business terms/-–-DocuSigned b$
[?:t’.b +N\.---OB9BE12767DF40 1Signature
Director of Community Services
Title
Community Services
Department
Date Signed: 10/3/2022
Page 19
DocuSign Envelope ID: C019E61B-AF70417E-93F8-10E9DIA63CA7
EXHIBIT A
SCOPE OF SERVICES
Description ofPrqject
CDBG funds will be used to pay the costs associated with public improvements at Denton City coanty D4y School
at 1603 Paisley Street, Denton Texas. The improvements will enhance an existing entry courtyard by installing
artificial turf for a new learning center and adding security fencing, and gate. The project will provide for lower
maintenance, accessibility, fall cushioning, and a cleaner play environment for Denton City County Day School.
Estimated Project Timeline
October 2022
October 2022
January 2023
February 2023
February 2023
September 2028
In order to complete the agreed upon activity, -SUBRECIPIENT shall provide the following services from the
improved facility:
tIlI17 tits. \
Denton City County Day School (DCCDS) is a non-profit childcare facility for low and moderate-income families.
DCCDS provides quality day care for 91 children, ranging from 2 years to 5 years. Parents must be working,
going to school full time, or a combination of both to be eligible. The program will operate Monday through
Friday 6:30AM - 6:00PM. The children are served breakfast, lunch, and an afternoon snack that meets the state’s
child food and nutrition guidelines.
The school supports a diverse, multicultural population of prekindergarten children and their families in Denton
County by providing quality, affordable childcare and early childhood education. Special emphasis and attention
are placed on serving children from low to middle-income families.
Page20
DocuSign Envelope ID: C019E61B-AF70417E-93F8-10E9DIA63CA7
EXHIBIT B
BUDGET
Twenty-Seven Thousand Dollars and No/100 ($27,000.00) in Community Development Block Grant funds for a
public facility project for low and moderate-income households (families with young children). The amount stated
above is an estimate. Funding may be reallocated as needed to complete improvements listed above. As stated in
the agreement, any remaining fund balance will be returned to the City of Denton. Below are the proposed public
facility improvements:
1. Installing artificial turf for a new learning center in Courtyard
2. Adding security fencing and gate
$24,000.00
$3,000.00
Prior to the start of construction, SUBRECIPIENT shall provide the Community Development Division with a
project budget, documentation of any additional funding sources and commitments (if other funding sources are
included in the project), and a project planning/construction schedule.
Page 21
DocuSign Envelope ID: C019E61B-AF70-+17E-93F8-10E9DIA63CA7
EXHIBIF C
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any SUBRECIPIENT, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
(2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any SUBRECIPIENT, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
a Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form-ILL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this Certification be included inthe award documents for
all subawards at all tiers (including subcontractors, subgrants and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, title 3 1, US Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Denton City County Day School
Grantee
Executive Di rector
Signature Title
10/5/2022
Date:
Page 22
[kx:uSign
gIICertificate Of Completion
Envelope Id: C019E61 BAF70417E93F810E9DI A63CA7
Subject: 2022-23 Denton City County Day School Public Facility Agreement
Source Envelope:
Status: Completed
Document Pages: 22
CertifiGate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Signatures: 4
Initials: 0
Envelope Originator:
Lauri Nack
901 B Texas Street
Denton, TX 76209
Lauri.Nack@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
10/3/2022 4:21 :31 PM
Holder: Lauri Nack
Lauri.Nack@cityofdenton.com
Location: DocuSign
Signer Events
Danielle Shaw
Danielle.Shaw@cityofdenton.com
Director of Community Services
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 10/3/2022 4:36:20 PM
Viewed: 10/3/2022 5:18:08 PM
Signed: 10/3/2022 5:18:31 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:Accepted : 10/3/2022 5:18:08 PMID: 4dlb4139-e488-483e-a281-b778a5cf23b6
Mira Boyer
dccds@verizon.net
Executive Director
Security Level: Email, Account Authentication(None)
Sent: 10/3/2022 5:18:32 PM
Viewed: 10/5/2022 11 :49:25 AM
Signed: 10/5/2022 11 :50:56 AM
Signature Adoption: Drawn on Device
Using IP Address: 71.14.129.43
Electronic Record and Signature Disclosure:Accepted: 10/5/2022 1 1 :49:25 AMID: 70647dlb-429b-#125-b94d-9d908c308b26
Robert Tickner
rktickner@gmail.com
Board of Directors
Security Level: Email, Account Authentication(None)
'D$cuS4Qaed by:la£fk–pb
,9A9EtoB2438F4aB
Sent: 10/5/2022 11 :50:58 AM
Viewed: 10/5/2022 1:19:20 PM
Signed: 10/5/2022 1 :21:12 PM
Signature Adoption: Drawn on Device
Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature DIsclosure:Accepted: 10/5/2022 1:19:20 PMID: 04469c3c-0ebd4df8-88c7-99cab5471a5b
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
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Timestamp
Certified Delivery Events Timestamp
Carbon Copy Events Status Timestamp
Lauri Nack
lauri.nack@cityofdenton.com
City of Denton - Community Services
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 10/5/2022 1 :21 :13 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
10/3/2022 4:36:20 PM
10/5/2022 1:19:20 PM
10/5/2022 1 :21 :12 PM
10/5/2022 1 :21 :13 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
- :-.,J:==J.,I - -: - -- - - - - : - T ::_r,.I{h:
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Danielle Shaw, Mira Boyer, Robert Tickner
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