22-1578ORDINANCE NO. 22- 1578
AN ORDINANCE OF THE CITY OF DENTON AUTHORizrNG THE CITY MANAGER TOEXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND DENTON COMMUNITYFOOD CENTER TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
PUBLIC FACILITY IMPROVEMENTS IN DENTON, TEXAS; AUTHORIZING THEEXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $138,635.00; AND PROVIDINGAN EFFECTIVE DATE.
WHEREAS, the City of Denton (the “City”) has received Community Development Block Grant
(“CDB(F) 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 Community Food Center (the “SUBRECIPIENT”) for Public FacilityImprovements 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 public 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 Agreementwith Denton Community Food Center (the “SUBRECIPIENT”) to provide for Public Facility
Improvements .
SECTION 3. The City Manager or their designee is hereby authorized to expend funds in an
amount not to exceed $138,635 of CDBG funds in the manner specified in the Agreement, and to take any
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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.
al!! ; !I OU iLP P m V e t h i S O r d i n : n T :: a: ::1 :ndin 1: 1V1V 1 : SEnd approved by th : IT : o:LI a]
Aye Nay Abstain Absent
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 thi,th, tO d,y ,f aMber , 2023.
GERARD HUDSPETH, MAYOR
ATTEST:
• ROSA RI03, CITY SECRETARYaesvS swan(L\\\\111111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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2022-2023 COMMUNITY DEVLOPMENT BLOCK GRANT SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS ANDDENTON COMMUNITY FOOD CENTER
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 Community Food Center, 306 N. Loop 288, Suite 400, 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 14-2 18; 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 $138,635.00 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 obligations 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.”
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
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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 funds 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 hereby warrant
and guarantee that he, she, or they have been fully authorized by SUBRECIPIENT to execute this Agreement
on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances, and
provisions herein set forth.
CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement
if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to
enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for
performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the
reasons enumerated in this Section
SUBRECIPIENT agrees that the funds and resources provided under the terms of this Agreement will in no
way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources,
services, or other benefits which would have been available to, or provided through, SUBRECIPIENT had this
Agreement not been executed.
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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
Exhibit A and incorporated herein by reference. 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 sum of
One Hundred Thirty-Eight Thousand Six Hundred Thirty-Five and no/100 Dollars – $138,635.00.
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
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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 obligated or liable under this Agreement to any party other than SUBRECIPIENT
for payment of any monies or provision of any goods or services.
(6) Funding not expended within the term of the Agreement will revert to the City of Denton CDBG
budget for use on alternative projects.SUBRECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY, the
SUBRECIPIENT agrees to the following terms and conditions:
(1) One Hundred Thirty-Eight Thousand Six Hundred Thirty-Five and no/100 Dollars – $138,635.00 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 Public
Accountants.
(3) SUBRECIPIENT will permit authorized officials of the City to review its books at any time.
(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.
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(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 Qfficials 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 requirements 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 subpart 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 in part using funds provided pursuant to this agreement, for five (5) years after the end of the term.
SUBRECIPIENT agrees to abide by the conditions of this Agreement 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-
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.
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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
certines 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.
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.
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7. PAYMENTS
Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPIENT a maximum amount of money not
to exceed One Hundred Thirty-Eight Thousand Six Hundred Thirty-Five and no/100 Dollars – $138,635.00 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, 2022.
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
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.
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H. 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.
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 alternations, 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.
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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 program 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.
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.
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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 Part 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.
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.
SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the
SUBRECIPIENT’s funding or regulatory bodies to CITY within ten working days of receipt by
SUBRECIP IENT.
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.
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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 fUI 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 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.
B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete,
accurate, and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the
results of the operation for the period covered by the report, and that since said date, there has been no material
change, adverse or otherwise, in the financial condition of SUBRECIPIENT.C. No litigation or legal proceedings are presently pending or threatened against the SUBRECIPIENT.
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D.
E.
F.
G.
H.
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.
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 allocated
to the performance of this Agreement and with respect to which CITY has ownership hereunder.
(2) Sell, assign, pledge, transfer, or otherwise dispose of accounts receivables, notes, or claims for money
due or to become due.
(3) Sell, convey, or lease all or a substantial part of its assets.
(4) Make any advance or loan to, or incur any liability for any other firm, person, entity, or corporation as
guarantor, surety, or accommodation endorser.
(5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with fbnds 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.
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
A.
B.
C.
D
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normal scope and course of their employment must possess a valid Texas driver’s license and automobile
liability insurance. Evidence of the employee’s current possession of a valid license and insurance must be
maintained on a current basis in SUBRECIPIENT’s files.
Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement
and remain the sole responsibility ofSUBRECIPIENT.
The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be
notified in writing of any cancellation or change in the policy at least 30 days prior to such change or
cancellation.
E
F.
17. crvil RIGHTS / EQUAL OPPORTUNITY
SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws
or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment
because of race, color, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT will
take affirmative action to ensure 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, layoff, 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 1 974 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 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
sectioa 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 members
or women. For the purpose of these definitions, “minority group members” are Afro-Americans; Spanish-
speaking, Spanish surnamed, 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 independent investigation.]
A.
B.
C.
D.
E.
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
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B. Be in writing; andC. 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 supportor 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.
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.
A.
B.
C.
D.
22. PUBLICITY
A. 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,
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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 Pom 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.
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.
SUBRECIPIENT may not make transfers between or among approved line items within budget categories set
forth in Exhibit B without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the
budget revision in a form prescribed by CITY, and such request for revision shall not increase the total
monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change
the nature, intent, or scope of the program funded under this Agreement.
SUBRECIPIENT will submit revised budget and program information whenever the level of funding for
SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any
portion of Exhibit B.
It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations
pursuant hereto may occur during the term of this Agreement. Any such 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 hereto, 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 days in advance of the change.
SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition.
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.
A.
B.
C.
D.
E.
F.
G.
H.
1.
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,
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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 terminateand 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
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 occlus upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT
may opt, within the limjtations of this Agreement, to seek an alternative funding source, with the approval of
A.
B.
C.
D
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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.
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 administration and
implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or
contractors.
A.
B.
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.
A
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B.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 identify 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 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 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 carry out a program or activity with direct Federal financial assistance
from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a
beneficiary or prospective beneficiary objects to the religious character of the organization, and to
refer the beneficiary or prospective beneficiary to an alternative provider to which the beneficiary or
prospective beneficiary has no such objection.
(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 asother 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.
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.
A.
B.
C
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D. 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.
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 always specifically preserved. No representative or agent of CITY may
waive the effect of this provision.
This Agreement, together with referenced Exhibits, constitutes the entire agreement between the parties hereto,
and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this
Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion,
statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate,
recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation
or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, CITY
A
B.
C.
D.
E.
F.
G
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as the party ultimately responsible to U.S. Department of Housing and Urban Development (HUD) for matters
of compliance, will have the final authority to render or to secure an interpretation.
IfSUBRECIPIENT provides services to the homeless it is required to:
(1) Report homeless data to the Homeless Management Information System (HMIS). Homeless
Management Information System (nils): 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 homelessness.
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 applicable
workgroup(s). The Denton County Homeless Leadership Team is a collaborative, cross-sector team
that convenes to improve the planning, coordination, oversight, and implementation 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 efficiency 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:
H.
1.
TO CITY:
City Manager
City of Denton
215 E. McKinndy
Denton, Texas 76201
TO SUBRECIPIENT :
Denton Community Food Center
306 N. Loop 288, Suite 400
Denton, Texas 76209
w/ a copy to:
City Attorney
City of Denton
215 E. McKinney
Denton, TX 76201
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 Agreement has been executed on this the
2022.9
lgb d,y ,fMa
Page 18
DocuSign Envelope ID: 0269(,,FFl-FBB54D14-A68B-B832077F961 E
CITY OF DENTON
aBY
SARAHEM Y
SALA
BY
DENTON COMMUNITY FOOD CENTER/p–D$ouSIgned by
bT_wpt+\--4AH128E41 45&legTOM NEWELL,
BY:
CITY MANAGER EXECUTIVE DIRECTOR
ATTEST: DEPUtY'-nos#Has. CITY SECRETARY
ATTEST:
vIce-cha1 rman of the board of directors
APPROVED AS TO LEGAL FORM:
g.A%- m;!!: If’”BY' CJ -05'oo'b\\\\1111111/
MACK REINWAND,CITY ATTORNEY
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operationalobligations and business terms/p-–Do€uSigned bF
[?:r& +:\wn=OBgBE12767DF40 1blgna lure
10/4/2022Date Signed
Director of Community Services
Title
Community Services
Department
Page 1 9
DocuSign Envelope ID: 0269CFFI.FBB54D14-A68B-B832077F961 E
EXHIBIT A
SCOPE OF SERVICES
Description of Project
CDBG funds will be used to pay the costs associated with public improvements at Denton Community Food Center
for the construction of a paved fire lane that will serve as a circular drive for the food distribution center to the
Denton Community Food Center. Denton Community Food Center is located at the Serve Dentop Center at 306 N.
Loop 288 Suite 400, Denton, Texas. The project will support delivery trucks and pallet jacks to move food into the
new center addition and provide food from a central community storehouse to needy families and 'struggling with
hunger insecurity.
Estimated Project Timeline
October 2022 Contract is executed with SUBRECIPIENT andProject Approval
approved by City Council
:: ::1:==:=== :o : i L := =completes architecture, engineering, design
lion activities and approvals
ProqLir£mel ipiept iompletes procurement process
o &ipieqlfaLI TH4}\++-PB
bernealReim'i\p'P
Reporting: Sub(ecipient submits client data to the City to complete project
Monitoring: Subrecipients begins reporting
Monitoring: Subrecipient ends reporting
October 2022
November 2022
December 2022
February 2023
March 2023
March 2023
September 2028
Work Statement
In order to complete the agreed upon activity, SUBRECIPIENT shall provide the following services from the
improved facility:
Denton Community Food Center was founded in 1974 with a mission to provide food from a central community
store house to need individuals and families who are struggling with hunger insecurity. With the event of the
Covid-19 pandemic, the center went from allowing applicants/clients requesting food six times each year, no more
than once per calendar month, to allowing clients to come every two weeks or 24 times a year. The food pantry is
open from 10:30 am to 12:30 pm on Monday and Wednesday bringing a basket (about 100 pounds of food) to the
clients’ vehicle. The agency is available additional hours for food delivery and preparation.
For the duration of the pandemic, the food pantry serves all clients from Denton city and county residents, as well
as DFW and surrounding areas, who visit DCFC requesting food from the Serve Denton campus location.
Currently, seventy-one percent of clients reside within the city limits of Denton. The food is purchased from retail
suppliers and donated, and most of the protein comes from the Tarrant Area Food Bank.
Page 20
DocuSign Envelope ID: 0269CFFl-FBB5-4D14.A68B-B832077F961 E
The Denton Community Food Center serves individuals and families regardless of race, ethnicity, or age. This
diverse cross-section of clients includes the low-income working poor, veterans, and the homeless, and people who
are recipients of Federal programs such as SNAP/Food Stamps, Temporary Assistance for Needy Families,
Supplement Security Income, National School Lunch Program, and Medicaid, among others. DCFC follows the
income eligibility guidelines as specified by the Emergency Food Assistance Program. The Denton Community
Food Center proposes to assist 40,340 unduplicated people during the 2021-22 fiscal year. A majority of the clientsat 99.97% are at or below 80% of the Area Median Income.
Page 21
DocuSign Envelope ID: 0269CFFl-FBB54D14-A68B-B832077F961 E
EXHIBIT BBUDGET
One-Hundred Thirty-Eight Thousand Six-Hundred Thirty-Five Dollars and No/100 ($138,635) in Community
Development Block Grant funds for a public facility project for low and moderate-income persons. 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 is the proposed
public facility improvement:
Construction costs for paved fire lane $ 138,635
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 22
DocuSign
Certificate Of Completion
Envelope Id: 0269CFFI FBB54D14A68BB832C)77F961 E
Subject: 2022-23 Denton Community Food Center Public Facility Agreement
Source Envelope:
Status: Completed
Document Pages: 23
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Signatures: 3
Initials: 0
Envelope Originator:
Laud 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 4:36:49 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
'D$cusaQmd by:
i UWE st.'hI
'OB98E12767DF40t
Timestamp
Sent: 10/3/2022 4:42:08 PM
Viewed: 10/4/2022 8:17:34 AM
Signed: 10/4/2022 8:17:43 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 10/4/2022 8:17:34 AMID: be9a55f6-9c73-45dc-804b-b06b17ccd12e
Tom Newell
Tomn@dentoncfc.org
Security Level: Email, Account Authentication(None)
'DoaB8ned by:IN bt„/dl
.4AA92BE414S&483
Sent: 10/4/2022 8:17:44 AM
Viewed: 10/4/2022 10:25:31 AM
Signed: 10/4/2022 10:26:31 AM
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.147.53
Electronic Record and Signature Disclosure:Accepted: 10/4/2022 10:25:31 AMID: 1789db33-aOa5-4601-b047-d8033af3cfb9
Mike Paulson
MikeP@DentonCFC.org
Vice-Chairman of the board of directors
Security Level: Email, Account Authentication(None)
Sent: 10/4/2022 10:26:33 AM
Viewed: 10/4/2022 3:07:57 PM
Signed: 10/4/2022 3:12:03 PM
Signature Adoption: Drawn on Device
Using IP Address: 47.186.232.131
Signed using mobile
Electronic Record and Signature Disclosure:Accepted: 10/4/2022 3:07:57 PMID: c6787fe5-8e6f4a42-9773-e9edbcf873af
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status
Status
Timestamp
Certified Delivery Events Timestamp
Carbon Copy Events
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
Status Timestamp
Sent: 10/4/2022 3:12:04 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
10/3/2022 4:42:08 PM
10/4/2022 3:07:57 PM
10/4/2022 3:12:03 PM
10/4/2022 3:12:04 PM
-1
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure !
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Danielle Shaw, Tom Newell. Mike Paulson
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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exclusively through electronic means all notices, disclosures, authorizations,
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Signature
DocuSign Envelope ID: 72C593D6-AE01+8D5-91AF-3072F74BOAFI
Exhibit 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.
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-LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this Certification be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly.
(2)
(3)
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, U.S. 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 Community Food Center
Grantee
ExecutIve D1 rector
Title
10/4/2022
Date
Page 1 of 1
DocuSign
Certificate Of Completion
Envelope Id: 72C593D6AE0148D591 AF3072F74BOAFI
Subject: Complete with DocuSign: Exhibit C PF DCFC AGREEMENT.pdf
Source Envelope
Status: Completed
Document Pages: 1
Certificate Pages: 5
AutoNav: Enabled
Signatures: 1
Initials: 0
Envelope Originator:
Lauri Nack
901 B Texas Street
Denton, TX 76209
Lauri.Nack@cityofdenton.com
IP Address: 198.49.140.10
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
10/4/2022 10:39:25 AM
Holder: Lauri Nack
Lauri.Nack@cityofdenton.com
Location: DocuSign
Signer Events
Tom Newell
Tomn@dentoncfc.orgExecutive Director
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 10/4/2022 10:40:40 AM
Resent: 10/4/2022 5:16:48 PM
Viewed: 10/4/2022 8:24:45 PM
Signed: 10/4/2022 8:25:23 PM
'Docu&INd by:1 Th btw,it
.4AA928E414SB483
Signature Adoption: Pre-selected Style
Using IP Address: 71.221.71.228
Electronic Record and Signature Disclosure:Accepted: 10/4/2022 8:24:45 PMID: d4f7ee57-7aOe-4b8d-9f6b47de2693eb51
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events
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
Timestamp
Sent: 10/4/2022 8:25:24 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
10/4/2022 10:40:40 AM
10/4/2022 8:24:45 PM
10/4/2022 8:25:23 PM
10/4/2022 8:25:24 PM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status
Electronic Record and Signature Disclosure
Timestamps
•
•Pq M
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Tom Newell
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
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and conditions, please confirm your agreement by clicking the 'I agree’ button at the bottom of
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DocuSign system you will have the ability to download and print any documents we send to you
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documents are first sent to you. After such time, if you wish for us to send you paper copies of
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request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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disclosure in paper format and withdraw your consent to receive notices and disclosures
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If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent’ form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems
Browsers (for SENDERS
Browsers (for SIGNERS):
r
I
mMiExplorer 6.0?, Mozilla FireFox 1.0NetScape 7.2 (or above)
cl@)Email
Screen Resolution
Enabled Security Settings
• Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings viaroxy connectron
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree’ button below.
By checking the ’I Agree’ box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.