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23-1097ORDINANCE NO. 23-1097 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE FUNDING AGREEMENT BETWEEN THE CITY AND DENTON COUNTY FRIENDS OF THE FAMILY APPROVED BY CITY COUNCIL ON JUNE 28, 2022 TO EXTEND THE TERM OF THE AGREEMENT TO JANUARY 31, 2024; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 22-.876, the City of Denton (the “City”) entered into an agreement on June 28, 2022 (the “Subrecipient”) with Denton County Friends of the Family (the “Agency”), for pre-development costs for the construction of the Family Justice Center with an original term ending on May 30, 2023; and WHEREAS, the Subrecipient has not yet met their obligations in the Agreement due to staffing challenges of an external partner assisting with the execution of the project; and WHEREAS, the City deems it necessary to extend the term of the Agreement to January 31, 2024, to allow the Subrecipient to fulfill their obligations; and WHEREAS, the City Council of the City hereby finds that amending the Agreement pursuant to Amendment 1 is in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager or their designee is hereby authorized to execute Amendment 1 to the Agreement, a copy of which is attached hereto, and to carry out the duties and responsibilities of the City under the Agreement as amended by Amendment 1. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. secod0%0:'tIFa;;” '"qe Orn:n::d ,,d ,pp„,H the following vote []al - o ]: Aye\/ \/ \/ \/ b/ b/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:V/ _, 2023.PASSED AND APPROVED this the \gK d,y ,f MAYOR ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY L\\\It BIll// APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSign Envelope ID: 38818B26-8CAF4E8B-B448495F771C58BC SERVICE AGREEMENT BETWEEN THECITY OF DENTON AND DENTON COUNTYFRIENDS OF THE FAMILY AMENDMENT 1 to Agreement This Amendment 1 to Agreement is made by and between the City of Denton (the “City”) and Denton County Friends of the Family (“Subrecipient”). WHEREAS, pursuant to Ordinance No. 22-876, the City of Denton (the “City“) entered into an agreement on June 28, 2022 (the “Subrecipient”) with Denton County Friends of the Family (the “Agency”), for pre-development costs for the construction of the Family Justice Center with an original term of May 30, 2023; and WHEREAS, the Subrecipient has not yet met their obligations in the Agreement due to staffing challenges of an external partner assisting with the execution of the project; and WHEREAS, it is necessary and in the public interest to extend the term of the Agreement to January 31, 2024, to allow the Subrecipient to fulfill their obligations; and NOW THEREFORE, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and Subrecipient agree as follows: 1. Section 1, “Term”, of the Agreement is hereby stricken in its entirety and replaced with the following: 1. TERM This Agreement shall commence on or as of June 1, 2022, and shall terminate on January 31, 2024, unless sooner terminated in accordance with Section 25, “Termination.“ The City shall have the right, but not the obligation, to extend the term of the agreement for one (1) additional one- year period. 2. The chart in Exhibit A entitled “Estimated Project Timeline” is hereby stricken in its entirety and replaced with the following chart: TIMELINE FORE PRE-DEVELOPMENT COSTS June 2022 Project Approval: Contract is executed with SUBRECIPIENT and approved by City Council Page 1 DocuSign Envelope ID: 38818B26-8CAF4E8B-B448495F771C58BC July 2022 July 2022 Training: Subrecipient Agreement Training Financial Reporting: SUBRECIPIENT begins reportingfInancial information June 2022 – January 2024 Pre-Construction: Subrecipient continues with predevelopments services such as civil engineering construction plans, architectural schematic Design, platting documents, landscape and tree plans, project management fees, expediting service fee, roadway impact fees, park fees, water, and sewer impact fees. June 2022 - January 2024 Reimbursement: Request reimbursement for pre- development costs from the City of Denton. Including civil engineering construction plans, architectural schematic Design, platting documents, landscape and tree plans, project management fees, expediting service fee, roadway impact fees, park fees, water, and sewer impact fees not to exceed $402,237. September 2022 – August 2023 Quarterly Check-In: Status of Project and Fundraising (September, December, March, and June) January 2024 Funding Benchmark: SUBRECIPIENT has identified or raised 25% of funding for Phase 1 and 2. TIMELINE FOR PROJECT CONSTRUCTION e i Fundraising – August 2024 1 (September, December, March, and June) e ears for comDletion e uarterly Check-In: Status of Project and Fundraising – August 2024 1 (September, December, March, and June) January 2025 Funding Benchmark: SUBRECIPIENT has identified orraised 50% of funding for Phase 1 and 2 Funding Benchmark raised 75% of funding for Phase 1 and 2 June 2025 June 2025 Project Construction Completion of Phase IConstruction of Infrastructure for Phase 1 and 2 Construction of Emergency Shelter Start of Project Cons;uction – Phase 2 (1.5 years forcompletion October 2025 Page 2 DocuSign Envelope ID: 38818B26-8CAF4E8B-B448695F771C58BC September 2024 – August 2025 Quarterly Check-In: Status of Project and Fundraising (September, December, March, and June) August 2026 Funding Benchmark: SUBRECIPIENT has identified or raised 100% of funding for Phase 1 and 2 Quarterly Check-In: e (September, December, March, and June) September 2025 – August 2026 October 2027 Project Construction Completion of Phase 2Construction of Transitional HousinPost Construction Check-InDecember 2027 December 2027 LIEN: 10-year lien is executed MONITORING TIMELINE January 2026 Phase 1 Reporting: Subrecipient submits client data to the City to complete project January 2028 Phase 2 Reporting: Subrecipient submits client data to the City to complete project Monitoring: Subrecipient begins reportingJanuary 2026 December 2038 Monitoring: Subrecipient ends reporting 3.Section 25, “Termination,” of the Agreement is amended to add the following language: “H. Subrecipient’s obligations of reporting, record-keeping, and cooperation with City monitoring and evaluation shall survive termination of this Agreement and shall terminate upon the completion of all monitoring and reporting periods established in Exhibit A, unless otherwise limited or extended by law.” 4. All other provisions, terms, covenants, duties, rights, obligations, and agreements contained in the Agreement shall remain in full force and effect. 5 . This Amendment 1 to Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same rnstrument [Signature page follows] Page 3 DocuSign Envelope ID: 38818B26-8CAFdIE8B-B448495F771C58BC IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Agreement as of the 18 day of 3uly , 2023. CITY OF DENTON DENTON COUNTY FRIENDS OF THEFAMILY CITY MANAGER TONI JOEXECUTIVE DIRECTOR ATTEST:JESUS SALAZAR, INTERIM CITYSECRETARY ATTEST:NAME: SUZANNE ENCK. BOARDSECRETARY DocuSigned by:C b„„e 2275XF5F8C06477 APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational '*: gc/g/l obligations and business terms DocuSlgned by: thAI'elle StAnhI 'DF401Bt?i Director of Community Services Title Community Services Department Page 4 [k>cuSign Certificate Of Completion Envelope Id: 38818B268CAF4E8BB448695F771C58BC Subject: Complete with DocuSign: 23-1097 DCFoF Amendment 1 Service Agreement.pdf Status: Completed Source Envelope: Document Pages: 4 Certificate Pages: 5 AutoNav: Enabled Signatures: 2 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 7/21/2023 8:34:43 AM Holder: Lauri Nack Lauri.Nack@cityofdenton.com Location: DocuSign Signer Events Lauri Nack laud .nack@cityofdenton.com City of Denton - Community Services Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Sent: 7/21/2023 9:03:12 AM Viewed: 7/21/2023 9:03:19 AM Signed: 7/21/2023 9:03:37 AM Completed Using IP Address: 198.49.140.10 Cassandra Ogden Cassandra.Ogden@cityofdenton.com Chief Financial Officer City of Denton Security Level: Email, Account Authentication(None) Sent: 7/21/2023 9:03:38 AM Viewed: 7/21/2023 10:02:17 AM Signed: 7/21/2023 10:02:25 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure;Not Offered via DocuSign Jesus Salazar Jesus.Salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Sent: 7/21/2023 10:02:27 AM Viewed: 7/21/2023 10:54:54 AM Signed: 7/21/2023 10:55:21 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 7/21/2023 10:54:54 AMID: 9f46056e-929447fl-8edd-5f76aaf29300 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 Timestamp Carbon Copy Events Karen Gay Karen.Gay@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 7/21/2023 10:55:23 AM Viewed : 7/21/2023 1 1 :01 :13 AM Lauri Nack lauri.nack@cityofdenton.com City of Denton - Community Services Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 7/21/2023 10:55:24 AM Resent: 7/21/2023 10:55:26 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 7/21/2023 9:03:12 AM 7/21/2023 10:54:54 AM 7/21/2023 10:55:21 AM 7/21/2023 10:55:24 AM 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: Jesus Salazar 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. 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