22-2590ORDINANCENO. 22-2590
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND GRACELIKE RAIN, INC. DBA GIVING GRACE FOR THE PAYMENT AND USE OF AMERICANRESCUE PLAN FUNDING; PROVIDING FOR THE EXPENDITURE OF FUNDS IN ANAMOUNT NOT TO EXCEED $180,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received Coronavirus State and Local Fiscal Recovery
Funds (SLFRF) under the American Rescue Plan Act to provide support to State territorial, local,
and Tribal governments in responding to the economic and public health impacts of COVID-19
and in their efforts to contain impacts on their communities, residents, and businesses; and
WHEREAS, the ongoing economic impact of the Coronavirus public health emergency
has resulted in an increase in homelessness and housing instability; and
WHEREAS, responding to economic harms to workers and families as a result of the
COVID pandemic is an eligible expense under SLFRF; and
WHEREAS, the City developed the Family Hotel Voucher program to address the increase
in family homelessness due to economic impacts from COVID-19 and to increase access to
temporary shelter programs and services for City of Denton residents with a priority on families
with children under the age of 1 8; and
WHEREAS, the Community Services Department is designated as the department
responsible for the administration of the Agreement and all matters pertaining thereto; and
WHEREAS, the City Council deems it in the public interest to enter into the Agreement in
support of much needed services for Denton residents; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. The City Manager or their designee is hereby authorized to execute anagreement between the City of Denton and Grace Like Rain, Inc. DBA Giving Grace in
substantially the form attached hereto for the payment and use of Nonprofit Capacity Support grant
funding, under the terms and conditions contained in the agreement.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
s e c o n d = Ey rr1 o t i o n t o g=F &::E n a n c e vr a s rr: are ?Id in an c :IN: tEstS approve / Ithe following vote [I - II :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
VACANT. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this 29-h d,y ,f 2023
, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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DocuSign Envelope ID: E52D7532-8AA44907-B95D-08DBC1047F47
2023-2024 FAMILY HOTEL VOUCHER PROGRAM GRANT SERVICE A(,REEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
GRACE LIKE RAIN, INC. DBA GIVING GRACEPROVIDING FOR THE PAYMENT AND USE OF AMERICAN RESCUE PLAN ACT FUNDING
This Agreement is hereby 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 Grace Like Rain, Inc. DBA Giving Grace, 306
N Loop 288, Ste 1 12, Denton, Texas 76209, hereinafter referred to as ’'SUBRECIPIENT."
WHEREAS, the American Rescue Plan Act of 202 1, also called the COVID-19 Stimulus Package or American Res-
cue Plan (ARP), was passed on March 11, 2021, providing $1.9 trillion with funding objectives to support public
health response, replace public sector revenue loss, invest in water and sewer infrastructure, address negative eco-
nomic impacts, offer premium pay for essential workers, and invest in broadband infrastructure; and
WHEREAS, CITY has received certain funds from the U.S. Department of Treasury under the American Rescue
Plan’s State and Local Fiscal Recovery Funds (SLFRF); and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of
funds; and
WHEREAS, City has determined that a grant program whereby the City provides certain qualified non-profits funds
to accomplish the purpose of providing programs and services is in the public interest and in accordance with the
American Rescue Plan funding objectives;
WHEREAS, City desires to award qualified non-profits with sut)awards of SLFRF funds where all compliance re-
quirements for use of SLFRF funds and any and all reporting requirements for expenditures of SLFRF funds apply;
and
WHEREAS, CITY has designated the Community Development Division as the division responsible for the admin-
istration of this Agreement and all matters pertaining thereto;
NOW, THEREFORE, the parties hereto agree to, and by the execution hereof are bound by, the mutual obligations
and the performance and accomplishment of the conditions hereinafter described.
1. TERM
This Agreement shall commence on January 15. 2023, and shall terminate on December 31. 2024, 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 exec-
utive officer to be SUBRECIPIENT’s representative responsible for the management of all contractual matters per-
taining hereto, unless written notifIcation to the contrary is received from SUBRECIPIENT and approved by CITY.
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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 andSUBRECIPIENT certifies that the activities carried out with these funds shall meet the American Rescue Plan’s
funding objectives in response to the COVID-19 emergency. SUBRECIPIENT shall provide services and/or pro-
gramming for City of Denton residents as detailed in Exhibit A Scope of Services.
3. REPRESENTATIONS
A. 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.
B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT, do hereby warrant
and guarantee that 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
C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement
if there is a dispute as to the legal authority of either 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 enumeratedin this Section
D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under the terms of this Agree-
ment will in no way be substituted for, or duplicative of, 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.
4. SUBRECWIENT’S OBLIGATIONS
In consideration of the receipt of funds from the CITY, the SUBRECIPIENT agrees to the following terms andconditions:
A. Up to One Hundred Eighty Thousand Dollars ($ 180,000.00) may be paid to SUBRECIPIENT by CITY, and the
only expenditures reimbursed from these funds shall be those in accordance with the Budget, set forth in Exhibit
B, for those services described in the Scope of Services, Exhibit A, as provided herein. SUBRECIPIENT shall
not utilize these funds for any other purpose.
B. SUBRECIPIENT shall submit monthly performance and expenditure reports to CITY pursuant to Section 10 of
this Agreement. CITY may withhold payment to SUBRECIPIENT for any period for which SUBRECIPIENT
has failed to submit the reports required by this Agreement.
C. SUBRECIPIENT will establish, operate, and maintain an account system for this program that will allow for a
tracing of funds and a review of the financial status of the program. The system will be based on generally
accepted accounting principles as recognized by the American Institute of Certified Public Accountants.
D. SUBRECIPIENT will permit authorized officials of CITY to review its books at any time.
E. 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.
F. 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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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 direc-
tIon
SUBRECIPIENT will appoint a representative who will be available to meet with CITY officials when requested.
SUBRECIPIENT will indemnify and hold harmless CITY, its officers, elected and appointed officials, agents,
employees, and contractors from any and all claims and suits arising out of the services or activities of
SUBRECIPIENT, its employees, and/or contractors.
SUBRECIPIENT will submit to CITY copies of year-end audited financial statements.
5. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
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 the Office of Man-
agement 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
SUBREC'IPIENT shall give the CITY, US Department of Treasury, the Comptroller General of the United States,
and any of the CITY’s authorized representatives, 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.
SUBRECIPIENT shall refrain from entering into any subcontract for services without prior approval in writing
by CITY of the qualifications of the subcontractor to perform and meet the standards of this Agreement. All
subcontracts entered into by the SUBRECIPIENT will be subject to the requirements of this Agreement. The
SUBRECIPIENT agrees to be responsible to CITY for the performance of any subcontractor.
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 Agree-
ment
A.
B
C.
D
E.
6. PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will provide, oversee, administer, and carry out the activities and services set out in the Scope of
Services described in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be necessary
and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in
accordance with all other terms, provisions, and requirements of this Agreement. No modifications or alterations
may be made in the Scope of Sen,'ices or Budget without the prior written approval of the CITY’s Director of Com-
munity Services.
7. PAYNIF,NTS
Payments to SUBRECIPIENT. CITY will pay SUBRECIPIENT for expenses pursuant to and in accordance
with the Project Budget attached hereto as Exhibit B, and incorporated herein by reference, 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 Eighty Thousand Dollars– ($180,000.00).
The first payment will be made no later than 30 days from the contract date of execution. Payments will be issued
as described in Exhibit B
A
B
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C.
D.
Funds are to be used for the sole purpose of providing the services described in the Scope of Services in Exhibit
A and based on the Budget in Exhibit B
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 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,
Obljgation 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 re-appropriate 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.
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.
The CITY may withhold payment(s) until the appropriate and required reports are received and approved, which
approval shall not be unreasonably withheld.
Measure of Liability
( 1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon
the actual receipt of adequate ARP 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;
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(d) is not an allowable cost as defined by Section 10 of this Agreement or in the Budget set forth in
Exhibit B
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.
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.
Funding not expended within the term of this Agreement will revert to the City of Denton within 15 days
from the expiration of the term for use on alternative services or projects.
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.
(4)
(5)
(6)
(7)
8. ALLOWABLE COSTS
Costs must comply with SLFRF allowable uses and expenditure categories as published in the Compliance
and Reporting Guidance by the US Department of Treasury.
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.
SUBRECIPIENT may not expend more than 10% of the funds for any administrative costs.
To the extent that SUBRECIPIENT has received funds from another municipal, state, or federal source for
any purpose contemplated herein, SUBRECIPIENT shall not expend funds paid under this Agreement in a
manner that would be duplicative of the use of such prior funds.
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:
a. CITY shall not be obligated to any third parties, including any subcontractors of SUBRECIPIENT,
and CITY funds shall not be used to pay for any contract service extending beyond the expiration of
this Agreement
b. Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are
conducted;
c. Any alterations, deletions, or additions to the Budget detail incorporated in Exhibit B;
d. Costs or fees for temporary employees or services;
e. Any fees or payments for consultant services; and
f. Fees for attending out of town meetings, seminars, or conferences.
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 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.
The purchase of real property is not an allowable cost under this agreement.
A.
B.
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9. PROGRAM INCOME
Generally, program income includes, but is not limited to, income from fees for services performed, the use or
rental or real or personal property acquired under Federal awards and principal and interest on loans made with
Federal award funds. Program income does not include interest earned on advances of Federal funds, rebates,
credits, discounts, or interest on rebates, credits, or discounts. Recipients of SLFRF funds should calculate, doc-
ument, and record the organization’s program income. Additional controls that your organization should imple-
ment include written policies that explicitly identify appropriate allocation methods, accounting standards and
principles, compliance monitoring checks for program income calculations, and records.
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 2 CFR 200.307 and any additional guidance regarding program income
and the application of 2 CFR 200.307(e)(1), including with respect to lending programs, released by the
US Department of Treasury.
SUBRECIPIENT shall include this Section in its entirety in all of its sub-contracts 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.
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.
A.
B.
C.
D.
10. REPORTS AND UVFORMATION
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 performance and expenditure reports to CITY no less than once every month. The performance report
shall detail client information, including race, ethnicity, income, female head of household, and other statistics re-
quired by CITY. The financial report shall include information and data relative to all programmatic and financial
reporting as of the commencement 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 expends more than $750,000 in federal funding,
the audit must be conducted in accordance with OMB 2 CFR Part 200, as applicable within thirty days after receiptof such audit.
11. MONITORING AND EVALUATION
SUBRECIPIENT agrees to participate in a monitoring and evaluation system whereby the services can be continu-
ously 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 Scope of Services, Program Goals, and Objectives, which are attached hereto as Exhibit
A, as well as other provisions of this Agreement.
B. SUBRECIPIENT agrees to cooperate fully with CITY and provide data determined by CITY to be necessary for
CITY to effectively fulfill its monitoring and evaluation responsibilities.
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C.
D.
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.
SUBRECIPIENT agrees to make available its financial records for review by CITY at CITY’s discretion. In
addition, SUBRECIPIENT agrees to provide CITY the following data and reports, or copies thereof:
( 1) All external or internal evaluation reports;
(2) Performance and expenditure reports to be submitted in the schedule published by the CITY’s Community
Services Department. Reports shall include such information as requested by the CITY’s Community Ser-
vices Department including but not limited to: number of persons or households assisted, race, gender, disa-
bility status, and household income. Performance and expenditure reports shall be due to CITY within 15
working days after the completion of required reporting period. SUBRECIPIENT agrees to submit a perfor-
mance report and expenditure report no less than once a month. The expenditure report shall include a profit
and loss statement with current and year to date period accounting of all revenues, expenditures, outstanding
obligations, and beginning and ending balances.
(3) An explanation of any major changes in program services.
After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT with a written report ofmoni-
toring findings, documenting findings, and concerns that will require a written response to the CITY. An ac-
ceptable response must be received by the CITY within 60 days from the SUBRECIPIENT’s receipt of the mon-
itoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT’s failure
to submit a written response within 60 days.
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 Agree-
ment. 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 Agree-
ment 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.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 the
SUBRECIPIENT.
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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
EUribit B, attached hereto, and 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
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 SUBRE(:IPIENT 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.
A
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B.
C.
D
SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures per-
taining 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 or any of their authorized representatives, all of its records and shall permit CITY 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.
13. DIRECTORS’ MEETnfGS
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, accu-
rate, 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.
D. 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.
E. 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.
F. None of the assets of SUBRECIPIENT is 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 to CITY.
G. 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.
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 Director of Community Services or her au-
thorized 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
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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 guar-
antor, surety, or accommodation endorser.
(5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to
SUBRECTPIENT by CITY, unless CITY authorizes such transfer in writing.
SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions
sponsored by the Community Development Division.
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16. INSURANCE
SUBREC'IPIENT shall observe sound business practices with respect to providing such bonding and insurance
as would provide adequate coverage for the services provided pursuant to this Agreement.
The premises on and in which the services and activities described in Exhibit A are conducted, and the employees
conducting these services and activities, shall be covered by premise liability insurance, commonly referred to as
“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 statues 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 be maintained on
a current basis in SUBRECIPIENT’s files.
Actual losses not covered by insurance as required by this Section are not allowable or eligible 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.
A.
B.
C.
D
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, 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 re-
cruitment 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) and Section 109 of Title 1 of the Housing
A
B
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and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973 , the Amen
icans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive
Order 1 1246 as amended by Executive Orders 1 1375 and 12086.
C. SUBRECIPIENT will fbmish all information and reports requested by the CITY, and will permit access to its
books, records, and accounts for purposes of investigation to ascertain compliance with local, state, and Federal
rules and regulations
D. In the event of 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 withCITY
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;
B. Be in writing; andC. Be approved by the governing body ofSUBRECIPIENT.
19. CONFLICT OF UVTEREST
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 per-
formed 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 employ-
ees 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 corpo-
ration, 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 who 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 administra-
tion of the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nep-
otrsm actrvrtres
A.
B
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C The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agree-
ment 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 pro-
vided to SUBRECIPIENT under this Agreement may not during the term of this Agreement:
( 1) Use their official position or influence to affect the outcome of an election or nomination;
(2) Solicit contributions for political purposes; or
(3) Take an active part in political management or in political campaigns.
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.
D.
22. PUBLICITY
Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT
under this Agreement that the U.S. Department of Treasury American Rescue Plan Act funding through the City
of Denton has contributed 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 American Rescue Plan Act Grant Pro-
gram, with funding received from the United States Department of Treasury,
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.
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 obli-
gation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent,
or scope of the program funded under this Agreement.
The City Manager or designate may authorize minor amendments to the approved Scope of Work in Exhibit A
or Budget in Exhibit B as necessary to carry out the intent of this Agreement, in a manner consistent with the
efficient use of public funds, and in accordance with Federal Law. Such minor amendments may not increase the
overall funding set forth in Exhibit B, extend the term, or otherwise alter the performance obligations of
SUBRECIPIENT, without approval of the City Council.
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.
Page 11 of 20
A,
B.
C.
D
DocuSign Envelope ID: E52D7532-8AA44907-B95D-08DBC1047F47
E, 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 incor-
porated in a written amendment hereto, as provided in Subsection A of this Section.
F. 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.
G. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition.
H. 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 spe-
cificaliy enumerated in this Section:
(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 US Department of Treasury.
(5) Finding by CITY that the SUBRECIPIENT:
a. is in such unsatisfactory financial condition as to endanger performance under this Agreement; or
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 ordinary courseof 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 againstSUBRECIPIENT.
(7) SUBRECIPIENT’s inability to conform to changes required by Federal, State, and local laws or regulations
as provided in Section 5, 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
A.
B
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C.CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for con-
venience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the
effective date of termination, subject to the requirements of Section 7 and Exhibit B. In no event will this com-
pensation exceed an amount which bears the same ratio to the total compensation as the services actually per-
formed bears to the total services ofSUBRECIPIENT 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 fbnding 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 out-
standing orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to
SUBRECIPIENT or SUBRECIPIENT’s contractors, subcontractors or creditors for any expenses, encum-
brances, or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to
in this Section.
SUBRECIPIENT shall, within 30 days of notice of termination by any party, provide CITY a full accounting of
all expenditures not previously audited by the City and that have occurred since the last required reporting period.
SUBRECIPIENT shall return any unused funds, or funds determined to be ineligible or used improperly within
15 days of termination date.
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 RSUBECIPIENT 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 or proceeding 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 or proceeding: the names
and addresses of the person(s), firm, corporation, or other entity making such claim, or demand, or that instituted or
threatened to institute any type of suit, or other action or proceeding; the basis of such claim, demand, suit, or other
action, or proceeding; and the name of any person(s) against whom such claim, demand, suit, or other action or
proceeding is being made or threatened. Such written notice shall be delivered either personally or by mail postage
paid in accordance with the provisions of Section 29.1.
27. INDEMNIFICATIONA. 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, ELECTED AND APPO[NTED
OFFICIALS, AGENTS, EMPLOYEES, AND CONTRACTORS HARMLESS FROM ALL LIABILITY OFANY NATURE OR KIND, INCLUDING COSTS AND EXPENSES FOR, OR ON ACCOUNT OF, ANY
CLAIMS, AUDIT EXCEPTIONS, DEMANDS, SUITS, OR DAMAGES OF ANY KIND OR CHARACTER
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WnATSOEVER RESULTING IN WHOLE OR IN PART FROM TEn PERFORMANCE, ACT OROMISSION OF ANY EMPLOYEE, AGENT, CONTRACTOR, SUBCONTRACTOR, ORREPRESENTATIVE OF SUBRECIPIENT
SUBRECIPIENT AGREES TO PROVIDE THE DEFENSE FOR AND TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, ELECTED AND APPOrNTED OFFICIALS, AGENTS, EMPLOYEES,
AND CONTRACTORS FROM ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION, DEMANDS,
DAMAGES, LOSSES, ATtORNEY FEES, EXPENSES, AND LIABILITY ARISING OUT OF THE USE OFTHESE 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.
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 HInds available through contracts, grants, or cooperative agree-
ments. 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 SUBRECIPIENT organizations’
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. Spe-
cifically, 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;
2. 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
3. The organization must separate, in time or location, any privately funded explicitly religious activities from
activities supported by direct Federal financial assistance; and
4. If a beneficiary objects to the religious character of the organization, the organization must undertake rea-
sonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no
such objection;
5 . A beneficiary or prospective beneficiary may report an organization's violation ofthese 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.
6. Faith-based organizations must provide this notice to prospective beneficiaries prior to enrollment, in the
event of an emergency or exigent circumstances that make it impracticable to provide the written notice in
advance, prospective beneficiaries may receive the notice at the earliest available opportunity. Current ben-
eficiaries must receive the notice at the earliest available opportunity.
7. 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 pro-
spective beneficiary objects to the religious character of the organization, and to refer the beneficiary or
A.
B
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prospective beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has no
such objection.
29. 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 receipt.
Debarment: SUBRECIPIENT certifies that it is not listed on the System for Award Management (SAM), which
lists 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
provlslon .
This Agreement, together with the referenced EXHIBITS, constitutes the entire agreement between the parties
hereto> and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this
Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall 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, rec-
orded 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 Treasury 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:
a. Report homeless data to the 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 (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 ac-
counting for our success in helping people move out of homelessness. Participation is also critical to help
CITY and Denton County successfully compete for grants for federal funding, such as the U.S. Depart-
ment of Housing and Urban Development’s homeless assistance funds.
b. 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
Page 15 of 20
A
B.
C
D.
E.
F
G.
H
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housing/homelessness initiatives in Denton County. Further, the SUBRECIPIENT 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 delivered by courier or overnight mail service or if sent U.S. Mail postage paid, in each case to the parties and
addresses set forth below:
1.
TO CITY:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
TO SUBRECIPIENT:
Grace Like Rain, Inc. DBA Giving Grace
Attn: Executive Director/CEO/Commander
306 N. Loop 288, Ste. 112
Denton, Texas 76209
w/ a copy to:
City Attorney
215 E. McKinney
Denton, TX 76201
J. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litiga-
tion concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas.
[Signature page follows]
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IN WITNESS OF WHICH this Agreement has been executed as of the2023 .
CITY OF DENTON:
24 day of January
INC. DBA GIVINGGRACE LIKE RAW,GRACE:
BY:
TTTT F. CEO
DocuSlgned by:
7nSARA HENSLEY
CITY MANAGER
ATTEST:ATTEST:
DocuSigned by:
RaIARI&t
SECRETARYinROSA RIOS.
BY:
CITY SECRETARY Board PresIdent
APPROVED AS TO LEGAL FORM:
Digitally signed by Scott Bray
IF111 Y : 411 1OIF(Inb -oa6t:b?023'o ' : :
MACK REINWAND,CITY ATTORNEY
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
Daau81BDPd tIF:
Director of Community Services
Title
Community Services
Department
1/15/2023Date Signed
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Exhibit A
Scope of Services
Since March 25, 2020, the City has funded temporary shelter for people experiencing homelessness in local hotels to
provide health and safety precautions for COVID-19. The City started an Emergency Hotel program with CARES-
Act funding and extended the program on a voucher basis in December 2020. Due to continuing health risks and
economic impacts from COVID-19, American Rescue Plan (ARP) State and Local Fiscal Recovery Funds
(SLFRF)funding was allocated to extend the program at the end of 202 1 and into 2022. The ongoing economic impact
of COVID-19 has resulted in an increase in family homelessness and the temporary family shelter hotel program is
intended to meet the growing need.
Between March 2020 and March 2022, family homelessness increased by 305% in Denton County (source: Denton
County Homelessness Data Dashboard). The ongoing economic impact of COVID-19 continues to jeopardize the
financial stability of low-income households, and the number of families living unsheltered or in their vehicle in
Denton continues to grow. Family shelter options in Denton are limited and a temporary family shelter program using
ARP funds will allow community partners to support vulnerable families as the economic effects of the pandemic
continue to unfold. Hotel rooms will be used on an as-needed basis to provide accommodations for families with
children under the age of 1 8, or households with dependents over the age of 1 8 and have a disability that requires the
care of the family member, while working with a service provider on permanent housing and housing stability sup-
portrve services.
The Scope of Services under this Agreement shall be as follows:
SUBRECIPIENT shall provide the activities and services in accordance with the Scope of Work/Service Specifica-
tions attached hereto in addition to all other terms, provisions, and requirements of this Agreement.
SECTION I – SERVICE GOAL
SUBRECIPIENT assists the City of Denton to meet the public health and economic needs of those impacted by the
pandemic, as outlined in the State and Local Fiscal Recovery Funds Final Rule.
SUBRECIPIENT shall provide: Family Hotel Voucher program is a temporary shelter program for families with
children under the age of 1 8 that are experiencing homelessness. The goal of the program is to increase capacity for
temporary shelter and supportive services for obtaining permanent housing that targets the growing population of
families experiencing homelessness in Denton due to the economic impact of COVID- 19. Funding for this program
covers only staff salary for 1.5 FTE. Program services include case management for housing stability, meals and
hygiene services for basic needs, and resource navigation and referral for supportive services with goal to assist 50
families per year The program will be operated at 601 N. 1-35E, Denton, Texas 76205 .
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Exhibit B
Budget
SUBRECIPIENT shall provide the services listed in this Agreement within the monetary limits attached hereto and
incorporated by reference herein. In no event shall compensation to the SUBRECIPIENT exceed the lesser of the
SUBRECIPIENT’s costs attributable to the work performed as stated herein, or sum of One Hundred Eighty Thou-
sand Dollars $ 180,000.00.
Allowable Expenditure
Full Time Case Manager Salary (60,000.00/year)
Wa Case Manager Salary (30,000.00/year)
Amount
$ 120,000.00
$60,000.00
Total
SUBRECIPIENT will receive payments on the following schedule
$ 180,000.00
1
2.
First payment will be made no later than 30 days from the contract date of execution and will equal
12.5% of the fixed contract amount
Subsequent payments will be made quarterly contingent upon monthly reporting submitted by the
SUBRECIPIENT and will equal 12.5% of the fixed contract amount:
1. First Payment: No later than (30 days from contract date of execution)
2. Subsequent payments made quarterly beginning the second quarter of the grant term.
Expenditure and Performance Reports must include:
1
2
3
4
5
Client list with unique identifier served by funding.
Copy oftimesheet signed by staff member and supervisor paid with funding.
Copy of paystub with payroll detail for staff member(s) paid with funding. Payroll register accepted if
provided by third party vendor.
Copy of invoice for purchases made with funding.
Proof of payment (copy of check and/or receipt showing paid) for purchases made with funding.
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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 agency, 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 coop-
erative 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 agency, 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.
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, 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.
Grace Like Rain, Inc. DBA Giving Grace
Grantee
hIdLLIIb CdMa
DoeIBqFudbr
CEO
TitleSignature
1/26/2023
Date
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CITY OF DENTON FAMILY HOTEL VOUCHER PROGRAM
Scope of Work/Service Specifications
Since March 25, 2020, the City has funded temporarily shelter for people experiencing homelessness in local
hotels for COVID-19 health and safety reasons. CARES-Act Funding started an Emergency Hotel program and
extended the program on a voucher basis in December 2020. Due to continuing health risks of COVID-19, ARP
funding was allocated to extend the program at the end of 2021 and into 2022. The ongoing economic impact of
COVID-19 has resulted in an increase in family homelessness and a temporary family shelter hotel program is
intended to meet the growing need.
Between March 2020 and March 2022, family homelessness increased by 305% in Denton County (source: Denton
County Homelessness Data Dashboard). The ongoing economic impact of COVID-19 continues to jeopardize the
financial stability of low-income households, and the number of families living unsheltered or in their vehicles in
Denton continues to increase. Family shelter options in Denton are extremely limited, and a temporary family
shelter program using ARP funds will allow community partners to support vulnerable families as the economic
effects of the pandemic continue to develop. Each program participant of nonprofit partners shall hereinafter be
known individually a "Family Hotel Voucher Program Guest," or collectively the " Family Hotel Voucher Program
Guests." For the purposes of this program, families are defined as households with a child or children under the
age of 18 years old, or households with dependents over the age of 18 and have a disability that requires the care
of a family member
HOTEL OWNER SERVICES
1.HOTEL ROOMS AND AMMENITIES: The City will contract with a local hotel vendor for the use of hotel
rooms funded through a City-approved voucher program. The Family Hotel Voucher Program Guest (Hotel
Voucher Program Guest Invitees shall have no right to use or enter) shall have access to and use of their
Room inside the hotel, 24 hours per day, seven (7) days per week, excluding any common areas of the
hotel, except as a means of ingress and egress, including, but not limited to the hotel lobby, or other
shared amenities (if applicable) such as a fitness center, pool, etc. without the prior written consent ofOwner
NOADDITONAL CHARGES: Owner will ensure that no optional or additional services subject to extra costs
are available to the Rooms, such as, but not limited to, pay-per-view or premium television, room service
food and beverage, and long-distance calling, so that no Hotel Voucher Program Guest can make
additional charges to the Room.
NONPROFIT PROGRAM SPACE: Owner will allow nonprofit service providers space on-site for providing
services such as food delivery and supportive services for Hotel Voucher Program Guests.
FOOD AND BEVERAGE: Owner shall allow daily room delivery of food and beverages by nonprofit service
providers (if applicable).
HyGIENE SUPPLIES: Family Hotel Voucher Program Guest can request soap, shampoo, and conditioner
from the Lead Agency’s guest services at the front office.
BED LINENS: Clean linens will be delivered outside the door of each room once every 7 days (or upon
request in case of emergency).
TOWELS: Clean towels will be delivered outside the door of each room once every 3 days (or upon request
in case of emergency).
TRASH CANS: Trash cans will be set outside of each room next to the room door and Owner will empty
the trash cans once per day (or upon request in case of emergency), in addition to collecting and emptying
all trash on the Property.
REqUESTS FOR HOTEL SERVICES: Owner will provide 24-hour front desk support or by phone.
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CITY OF DENTON FAMILY HOTEL VOUCHER PROGRAM CRITERIA
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DocuSign Envelope ID: E52D7532-8AA44907-B95D-08DBC1047F47
10. CLEANING PUBLIC AREAS: Owner will provide staff daily to clean all public areas of the Property.
11. CLEANING/DISINFECTION PROTOCOL: Owner will clean/disinfect Family Hotel Voucher Program Guest
rooms between use.
12. DAMAGES CAP: Request for reimbursement for damages shall be limited to $50 per room, per day.
CITY SERVICES
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3.
SECURITY: City will provide security staffing to ensure (among other things) that there is no illegal activity
occurring on the premises.
ROOM INSPECTION: City will have access to documented conditions of all rooms prior to the start of the
progra rn
ADMINISTRATION OF GRANT GUIDELINES: The Property shall be used in a careful, safe, and proper
manner in accordance with Property rules and regulations. The program will be limited to a single hotel
location not to exceed 40 rooms per night. The City acknowledges and agrees that nonprofit partners will:
a. Pre-screen Hotel Voucher Program Guests prior to being on the Property for COVID-19;
b. Notify the Owner of any Family Hotel Voucher Program Guest experiencing COVID-19-like
conditions during their stay to ensure the health and safety of both Owner's employees and the
other Family Hotel Voucher Program Guests;
c. Instruct each Family Hotel Voucher Program Guest to remain in their Room and not to congregate
or use hotel common areas if they are feeling unwell or experiencing COVID-19 Symptoms;
d. Immediately remove any Family Hotel Voucher Program Guest determined to have engaged in
any illegal activity and all illegal activity on the Property, including, but not limited to drug use;
e. Monitor and enforce occupancy restrictions stipulating that only members of the same household
may occupy the same room;
f. Distribute the Hotel Guest Agreement (the “Guest Agreement”; Attachment A) to each Family
Hotel Voucher Program Guest for signature by the guest before placement. Further, nonprofit
partners agree that no Guest will be allowed to occupy a Room without a fully executed Guest
Agreement in hand, and that copies of all newly signed Guest Agreement will be delivered to
Owner and City daily, as a Family Hotel Voucher Program Guest is assigned a room.
APPROVAL OF SERVICE PROVIDERS: City will approve nonprofit service providers eligible to make
referrals. Further, the City will assign a local nonprofit as lead agency (the “LEAD") to be on-site at the
selected hotel and coordinate all referrals and final room placement.
4.
NONPROFIT SERVICE PROVIDER SERVICES
1 ASSESSMENT OF GUEST ELIGIBILITY: Family Hotel Voucher Program Guests must be assessed by the
referring nonprofit service provider to determine eligibility.
• Individuals who are registered sex offenders would not be eligible for the program.
• AII program participants will be asked to complete a background check for sex offenses.
GUEST REFERRALS: Referrals must come from an eligible nonprofit service provider working with an
eligible household or individual. Referrals must be made to the “Family Alternative Shelter" program.
• Eligible nonprofit service provider is defined as any person who works for an organization that
provides services to the eligible population and who agrees to provide regular support to the
household throughout the entirety of their stay at the hotel;
GUEST SUPPORT: Nonprofit service provider must agree to provide ongoing support to the household
throughout their participation in the Family Hotel Voucher Program; support should include at least two
in-person check-ins with the household per week.
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CITY OF DENTON FAMILY HOTEL VOUCHER PROGRAM CRITERIA
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DocuSign Envelope ID: E52D7532-8AA44907-B95D-08DBC1047F47
4 GUEST HEALTH SCREENING: Nonprofit service provider will screen all Hotel Voucher Program Guests for
symptoms of COVID-19 by checking each Guest’s temperature at check-in. Any Hotel Voucher Program
Guests exhibiting COVID-19 symptoms, or a fever will be asked to quarantine, and the Owner and LEAD
notified
HOTEL GUEST AGREEMENT: Family Hotel Voucher Program Guest must agree in writing to the Hotel Guest
Agreement. The nonprofit service provider will ensure that all Family Hotel Voucher Program Guests
follow the expectations in the Agreement (Attachment A).
GUEST NON-COMPLIANCE: Nonprofit service provider will remove Family Hotel Voucher Program Guests
who do not comply with the expectations laid out in the Guest Agreement (or guests engaged in illegal
behavior).
GUEST STAY RENEWAL: Nonprofit service provider assigned to guest is responsible for confirming stay
renewals with LEAD weekly.
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LEAD SERVICES
The City has assigned a local nonprofit as lead agency (the “LEAD") to be on-site at the selected hotel and
coordinate all referrals and final room placement. The Family Hotel Voucher Program LEAD will:
1. Make staff contact information available to all referring partners and maintain consistent communication
of referral contacts and processes with nonprofit service providers and the City.
o Point of contact at hotel: TBD
2. Have staff available Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., or by
appointment, to receive referrals.
3. Update the hotel roster daily and make a current copy available to the City daily.
4. Provide meals and hygiene supplies to Family Hotel Voucher Program Guests.
5. Document the conditions of all rooms prior to the start of the program and between client stays and make
inspections available to the City. (Attachment B)
PRIORITY GUESTS
Family Hotel Voucher Program Guests will be prioritized for admittance to the Hotel Voucher Program based on
the following criteria:
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LITERAL HOMELESS: Guest must meet the HUD definition for literal homelessness; and
CHRONIC HOMELESS: Disabling Conditions (physical or mental); or
DISCHARGE: Individuals being discharged from medical hospitals or inpatient facilities (due to limits on
staff/volunteer capacity, must be able to perform Activities of Daily Life (ADL)); or
VETERANS: Individuals with Veteran Status; or
DOMESTIC VIOLENCE OR HUMAN TRAFFICKING: Victims of domestic violence or trafficking; or
STREET OUTREACH PROGRAM: Individuals living unsheltered referred by City’s Homeless Outreach Team
who also meet one or more of the 1-7 priority criteria.
HOTEL VOUCHER PROGRAM PROCESS
Nonprofit service providers who seek to place clients into the Family Hotel Voucher Program will follow the below
process for intake, enrollment and exit. Nonprofit service providers must evaluate options for diversion and
deploy diversion strategies and resources before referring to the Hotel Voucher Program.
1. Nonprofit service provider assesses clients who meet the HUD definition of literal homelessness and
determine priority status for eligibility.
CITY OF DENTON FAMILY HOTEL VOUCHER PROGRAM CRITERIA
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DocuSign Envelope ID: E52D7532-8AA4Jt907-B95D4)8DBC1047F47
Nonprofit service provider refers clients to the “Family Alternative Shelter” program in the HMIS and
sends Family Hotel Voucher Program Referral Screening Form (Attachment C) to LEAD.
Nonprofit service provider submits signed Hotel Guest Agreement (Attachment A) to LEAD.
LEAD consults Hotel Roster and confers with Owner before assigning guest to an available room.
LEAD notifies nonprofit service provider of client approval as soon as possible within a maximum timeframe of 24 hours.
Nonprofit service provider has the Family Hotel Voucher Program Guest sign the Hotel Guest Agreement
and notifies LEAD of the case manager assigned to the guest.
Nonprofit service provider submits the signed Guest Agreement to the LEAD and a copy is provided to the
Hotel Voucher Program Guest.
LEAD provides a photocopy or scan of the signed contract to the City (Megan.Ball@cityofdenton.com) at
the time of hotel placement.
LEAD conducts inspection of the room prior to guest entry and makes copy of Guest Room Inspection
(Attachment B) available to City.
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10. Family Hotel Voucher Program Guest is directed to the hotel for room assignment. On-site LEAD staff
representative checks guest into their room.
11. LEAD staff (with security) accompanies Family Hotel Voucher Program Guest to their room, providing a
room key and ensuring the guest has necessary provisions (food, hygiene, etc.).
12. Nonprofit service provider makes every effort to ensure the Family Hotel Voucher Program Guest
completes a Coordinated Entry assessment within the first week unless the guest’s stay is not extended
beyond the first 7-days.
13. Within the first week, the assigned case manager completes an in-depth Housing Assessment, with an
emphasis on housing barriers and income.
14. Nonprofit service provider assigned to guest is responsible for confirming stay renewals with LEAD weekly.
Guests room vouchers are limited to 7-day stays, renewable in 7-day increments with a maximum stay of
120 days.
15. Nonprofit service provider records Supportive Services in the HMIS.
16. Family Hotel Voucher Program Guest exits must be documented by LEAD in HMIS within 24 hours of exit.
CITY OF DENTON FAMILY HOTEL VOUCHER PROGRAM CRITERIA
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[kx:uSign
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