23-1215ORDINANCE NO. 23-1215
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND HEALTH
SERVICES OF NORTH TEXAS, INC. FOR THE PAYMENT AND USE OF NONPROFIT
CAPACITY SUPPORT GRANT FUNDING; PROVIDING FOR THE EXPENDITURE OF
FUNDS IN AN AMOUNT NOT TO EXCEED $135,330.00; 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 nonprofit sector faced significant challenges in covering operating costs
as a result of the Coronavirus public health emergency and the measures taken to contain the spread
of the virus; and
WHEREAS, grants to nonprofits to mitigate the financial hardship or impacts suffered
during the COVID pandemic is an eligible expense under SLFRF; and
WHEREAS, the City developed the Nonprofit Capacity Support Grant program to support
applicants who demonstrate a direct impact to programing due to COVID-19 and to assist them in
sustaining and strengthening operations and programs for services to City of Denton residents with
a priority on Human Service programs; and
WHEREAS, the Community Services Advisory Committee of the City has reviewed the
application and proposal for sustained services of Health Services of North Texas and determined
that the Agency meets the eligibility and program requirements for the grant; 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 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 an
agreement between the City of Denton and Health Services of North Texas, Inc. for the payment
and use of $135,330.00 of Nonprofit Capacity Support grant funding, under the terms and
conditions contained in the agreement, a copy of which is attached hereto and made a part hereof,
and to carry out the duties and responsibilities of the City under the Agreement, as amended.
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A(,REEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
HEALTH SERVICES OF NORTH TEXAS, INC. PROVIDING 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 Health Services of North
Texas, Inc., a Texas nonprofit corporation with its principal place of business at 4101 N. 1-35, Ste. 312,
Denton, TX, 76207, hereinafter referred to as "SUBRECIPIENT."
WHEREAS, the American Rescue Plan Act of 2021, also called the COVID-19 Stimulus Package or
American Rescue Plan (ARP), was passed on March 11, 202 1, 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 economic 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 ftmds 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 deemed to be in the public
interest and in accordance with the American Rescue Plan funding objectives;
WHEREAS, the qualified non-profits are awarded subawards of SLFRF funds where all compliance
requirements 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 administration of this Agreement and all matters pertaining thereto;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual
obligations and to the performance and accomplishment of the conditions hereinafter
described.
1. TERM
This Agreement shall commence on or as of August 15, 2023, and shall terminate on December 3 1, 2026
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
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consider SUBRECIPIENT’s executive officer to be SUBRECIPIENT’s representative responsible for the
management of all contractual matters pertaining hereto, unless written notification to the contrary is
received from SUBRECIPIENT and approved by CITY.
The CITY’s Director of Community Services will be CITY’s representative responsible for the
administration of this Agreement. Beneficiaries of the activities to be provided hereunder must reside in
the City of Denton and SUBRECIPIENT certifies that the activities carried out with these funds shall
meet the American Rescue Plan’s funding objectives in response to the COViD-19 emergency.
SUBRECIPIENT shall provide services and/or programming 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 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.
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 enumerated in this Section
D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT 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.
4. OBLIGATIONS
In consideration of the receipt of funds from the US Treasury Department, CITY agrees to the following
terms and conditions:
A. Limit of Liability. 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 thirty-five thousand three hundred thirty
dollars – $135,330.00.
B. Measure of Liability. In consideration of full and satisfactory performance of the services and activities
hereunder by SUBRECIPIENT and receipt of required reporting and 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 Exhibit B and in this Section and Section 7 of this Agreement.
Payments may be contingent upon certification of the SUBRECIPIENT’s financial management system
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in accordance with the standards specified in 2 CFR Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards.
(1) The parties expressly understand and agree that CITY’s obligations under this Section are
contingent upon 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 farther 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) is not an allowable cost as defined by Section 10 of this Agreement or in the Budget set
forth in Exhibit B.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity
of 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 this Agreement will revert to the City of Denton budget
for use on alternative services or projects.
SUBRECIPIENT’S Obligations. In consideration of the receipt of funds from the CITY, the
SUBRECIPIENT agrees to the following terms and conditions:
(1) Up to one hundred thirty-five thousand three hundred thirty dollars ($ 135,330.00) 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 fLmds for any
other purpose.
(2) SUBRECIPIENT will establish, operate, and maintain an account system for this program that will
allow for a tracing of fhnds and a review of the financial status of the program. The system will be
based on generally accepted accounting principles as recognized by the American Institute of
Certified Public Accountants
(3) SUBRECIPIENT will permit authorized officials of 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 officials
when requested.
(8) 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.
(9) SUBRECIPIENT will submit to CITY copies of year-end audited financial statements.
5. COMPLIANCE WITH FEDERAI,, 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 Management 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
SUBRECIPIENT 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 Agreement.
A.
B.
C.
D.
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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 Services or Budget without the
prior written approval of the CITY’s Director of Community Services.
7. PAYMENTS
A. Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPIENT a maximum amount of money
not to exceed one hundred thirty-five thousand three hundred thirty dollars – $135,330.00. for services
rendered under this Agreement.
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B.
C.
D.
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
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.
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
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.
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F.
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H.
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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
Approval ofSUBRECIPIENT’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.
B
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a. Any alterations or relocation of the facilities on and in which the activities specified in
Exhibit A are conducted; and
b. Any alterations, deletions, or additions to the Budget detail incorporated in Exhibit B.
CITY shall not be obligated to any third parties, including any subcontractors of
SUBRECIPIENT, and CITY ftmds shall not be used to pay for any contract service extending
beyond the expiration of this Agreement.
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.
D.
E
F.
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, document, and record the organization’s program income. Additional
controls that your organization should implement 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.
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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 performance and expenditure reports to CITY pursuant to this
Agreement. The performance report shall detail progress towards performance measures, and other
statistics required 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
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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 8750,000 in federal funding, the audit must be conducted in
accordance with OMB 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 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.
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. 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 Services Department including but not limited to: number of persons or
households assisted, race, gender, disability 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 performance 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.
E. After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT with a written report
of monitoring findings, documenting findings, and concerns that will require a written response to the
CITY. An acceptable response must be received by the CITY within 60 days from the
SUBRECIPIENT’s receipt of the monitoring report or audit review letter. Future contract payments
can be withheld for the SUBRECIPIENT’s failure to submit a written response within 60 days
F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the
SUBRECIPIENT’s funding or regulatory bodies to CITY within ten working days of receipt by the
SUBRECIPIENT.
12. MAINTENANCE OF RECORDS
A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete
disclosure of the status of the ftmds received under this Agreement, in compliance with the provisions
of Exhibit A and Exhibit B, attached hereto, and with any other applicable Federal and State regulations
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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 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 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.
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 ofSUBRECIPIENT,
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.
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F.
G.
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 fhrnished by
SUBRECIPIENT to CITY.
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 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 funds
paid to SUBRECIPIENT 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.
16. INSURANCE
SUBRECIPIENT 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 ofSUBRECIPIENT 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.
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B
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F. 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.
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 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) and
Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 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.
A.
B.
C.
D.
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, Binge
benefits, vacation and sick leave privileges, and travel;
B. Be in writing; and
C. Be approved by the governing body of SUBRECIPIENT.
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 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
A.
B
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA-8471-01792EOF6C6A
appearance of being motivated by desire for private gain for himsel#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.
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 fLmds provided herein or personnel employed in the
administration of the program for: political activities; sectarian or religious activities, lobbying, political
patronage, or nepotlsrn actrvrtles.
The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under
this Agreement shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office, or for publicity, lobbying, and/or propaganda purposes designed to support
or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity that is
funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not 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
D and if necessary, the Disclosure of Lobbying Activities provided by the CITY.
A
B
C
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.
A
B
DocuSign Envelope ID: 87B8DFBD-9EOEJIFOA&+71-01792EOF6C6A
C.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 Program, 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.
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.
The City Manager or designate may authorize minor amendments to the approved Scope of Work in
Exhibit A and 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.
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
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
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
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA-8471-01792EOF6C6A
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 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
requrrernents; or
c. is delinquent in payment of taxes or of costs of performance of this Agreement in the
ordinary course 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 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.
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, subject to the requirements of Section 7 and Exhibit
B. 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 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
funding source, with the approval of CITY, provided the termination by the outside funding source was
not occasioned by a breach of contract as defined herein or as defined in a contract between
SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement
upon the dissolution ofSUBRECIPIENT’s organization not occasioned by a breach of this Agreement.
A.
10 this Agreement substantially exceeding reasonable
B
C.
D
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA-8+71<)1792EOF6C6A
E.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 contractors, subcontractors or creditors for any
expenses, encumbrances, or obligations whatsoever incurred after the termination date listed on the
notice to terminate referred to in this Section.
SUBRECIPIENT shall provide CITY within 30 days, 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 30 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.
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. 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, elected and appointed officials, agents, employees, and contractors 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 kind or character whatsoever resulting in whole or in
part from the performance, act or omission of any employee, agent, contractor, subcontractor, or
representative of SUBRECIPIENT.
SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY, its
officers, elected and appointed 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 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
A. 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
DocuSign Envelope ID: 87B8DFBD-9EOE-+FOA-8471-01792EOF6C6A
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 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. 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;
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 ftmded 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 reasonable efforts to identify and refer the beneficiary to an alternative provider to which
the beneficiary has no such objection;
B.
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 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 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
A.
B.
C.
D.
E.
F
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA-8471-01792EOF6C6A
shall an agreement, assertion, statement, understanding, or other commitment occurring during the term
of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly
executed in writing, and if appropriate, recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertaining to the
interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances,
or regulations, CITY as the party ultimately responsible to U.S. DEPARTMENT OF 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 accounting 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 fIm(ling, such as the U.S. Department 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 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:
G.
H.
I
TO CITY:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
TO SUBRECIPIENT:
Health Services of North Texas
AHn: Executive Director/CEO/Commander
4401 N 1-35, Ste. 312
Denton, TX 76207
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 litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton
County, Texas.
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA-8471-01792EOF6C6A
IN WITNESS OF WHICH this Agreement has been executed as of the
August , 2023 .
15 day of
CITY OF DENTON:
DocuSlgned by:
By,I frahl PipOIL
CITY MANAGER
Health Servi
DocuSigned by:
,„ [ PWLUhh!
TITLE. Chief Executive Officer
ATTEST:ATTEST:
BY:
Isla SalabAr
'DocuSlgned by:
Board President
JESUS SALAZAR,
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
g## F::::::.. :::::
MACK REINWAND,
CITY ATTORNEY
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA8471-01792EOF6C6A
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
DocuSlgned by:
Signature
Director of Community Services
Title
Community Services
Department
DocuSign Envelope ID: 87B8DFBD-9EOEJIFC)A-8471-01792EOF6C6A
Exhibit A
Scope of Services
The Scope of Services under this Agreement shall be as follows:
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: Capacity Building Program, increasing communication, revenue, and
employee retention, leading to increased overall ability to serve City of Denton residents by providing
quality health care to individuals in need. The program will be operated at 4401 N. 1-35, Ste. 312,
Denton, TX 76209.
The program will operate 8am – 5pm from 8/1/2023 – 12/3 1/2026.
SECTION II – OUTCOMES
Tracking outcome measures will be a tool by which the CITY and the SUBRECIPIENT can measure
services delivered and performance under this agreement.
SUBRECIPIENT provides benefits to the citizens of the City of Denton through these outcomes:
• 10 new funders identified in 2024
• 4 Impact Reports published in 2024.
• 90% of Expanded Leadership Team members who attend all 4 quarterly trainings in 2024 will
report increased skills in communication, creating a positive company culture, and mentorship, as
reported on a pre and post- training survey.
Increase the number of City of Denton residents receiving health care services through HSNT’s
medical home model of care.
•
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA&171-01792EOF6C6A
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 thirty five thousand three hundred thirty dollars ($ 135,330.00)
Allowable Expenditure
Hiring Grant Communication Specialist - Salary and Fringe Benefits
Web-Based Education
Staff Training (In-Person)
Communications Software/Programs (Foundation Directory Online and
printing quarterly Impact Reports)
Amount
8115,993
$2,700
$4,000
$ 12,637
$135,330.00
SUBRECIPIENT will receive payment on the following schedule:
1.
2.
First payment will be made no later than 30 days from the contract date of execution and will
equal no more than 25% of the fixed contract amount
Subsequent payments will be made quarterly beginning the second quarter of the grant term
contingent upon quarterly reporting submitted by the SUBRECIPIENT and will not exceed 25%
of the fixed contract amount.
Expenditure reports must include:
1
2.
3
4
Copy oftimesheet signed by staff member and supervisor paid with funding.
Copy ofpaystub with payroll detail for staff member(s) paid with funding. PayTOll 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.
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA-8471-01792EOF6C6A
Exhibit C
U.S. Department of Housing and Urban Development (HUD)
Income Limits
Qualifying Income Limits for Federally Assisted Programs
FY 2023 Income Limits Summary
Dallas, TX HUD Metro FMR Area
Median Household Income: $ 105,600 (Household of 4)
Verv Low 30% Limits
$36,100.00
$41,250.00
$21,700.00
$24,800.00
$46,400.00
$51,550.00
855,700.00
$59,800.00
$63,950.00
$68,050.00
827,900.00
$30,950.00
$33,450.00
$35,950.00
$38,400.00
$40,900.00
DocuSign Envelope ID: 87B8DFBD-9EOE4FOA&171-01792EOF6C6A
Exhibit D
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 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 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 8100,000 for
each such failure.
Health Services of North Texas, Inc.
Grantee
Chief Executive Officer
Signature Title
8/7/2023
Date
[kxnSign
Certificate Of Completion
Envelope Id: 87B8DFBD9EOE4FOA8471 01792EOF6C6A
Subject: Complete with DocuSign: HSNT ARP Non-Profit Capacity Building Service Agreement
Source Envelope:
Document Pages: 22
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Status: Completed
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
Record Tracking
Status: Original
8/1 7/2023 12:31 :17 PM
Holder: Lauri Nack
Lauri.Nack@cityofdenton.com
Location: DocuSign
Signer 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
Signature Timestamp
Sent: 8/1 7/2023 12:44:55 PM
Viewed: 8/17/2023 12:45:02 PM
Signed: 8/17/2023 12:45:20 PM
Completed
Using IP Address: 198.49.140.10
Frank Dixon
Frank,Dixon@cityofdenton.com
Chief of Police
Security Level: Email, Account Authentication
(None)
'DocuSlgned by:
I FrwAk papal
.&888A67D66 1 &410.
Sent: 8/17/2023 12:45:21 PM
Viewed: 8/1 7/2023 1 :21 :36 PM
Signed: 8/1 7/2023 1 :21 :55 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 8/1 7/2023 1 :21 :36 PM
ID: 99297de8-cedld457e-ada2-fe7eb2035dae
Jesus Salazar
Jesus.Salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 8/17/2023 1 :21 :57 PM
Viewed: 8/17/2023 1 :26:33 PM
Signed: 8/1 7/2023 1 :26:43 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 8/1 7/2023 1 :26:33 PMID: c674c75a-2fd52t85e-9447-afldOd61 11 d9
In Person Signer Events Signature
Status
Timestamp
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Status
Timestamp
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Carbon Copy Events
Patricia Timm
Patricia.Timm@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 8/17/2023 1 :26:45 PM
Eric Chasco
Eric.Chasco@cityofdenton.com
Security Level: Email, Account Authentication
(None)
ElectronIc Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 8/17/2023 1 :26:46 PM
Viewed: 8/1 7/2023 1 :31 :26 PM
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: 8/1 7/2023 1 :26:46 PM
Resent: 8/1 7/2023 1 :26:50 PM
Witness Events Signature Timestamp
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8/1 7/2023 12:44:55 PM
8/1 7/2023 1 :26:33 PM
8/1 7/2023 1 :26:43 PM
8/1 7/2023 1 :26:46 PM
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Frank Dixon, 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. 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,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
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
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
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):
I
1
lternet Explorer 6.0?, Mozilla FireFox 1.0
etScaDe 7.2 (or above
Access to a valid email account
800 x 600 minimum
• Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTFP 1.1 settings via
roxy connection
88 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.