23-1267ORDINANCE NO. 23-1267
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENr BETWEEN THE CITY AND GRACE LIKE RAIN. INC. DBA
GrviNG GRACE TO PROVIDE AMERICAN RESCUE PLAN CORONAVIRUS STATE AND LOCAL
FISCAL RECOVERY FUNDS FOR THE HOUSING FOCUSED CASE MANAGEMENT PROGRAM
IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO
EXCEED $50,000.00; 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 nonprofit sector continues to face the negative economic impacts of COVID- 19;
and
WHEREAS, the individuals receiving services from nonprofits continue to be disproportionately
impacted by the negative economic impacts of COVID-19; and
WHEREAS, the City has adopted a budget and included therein an authorized budget for the
expenditure of SLFRF funds in accordance with its 2023-2024 Operating Budget; and
WHEREAS, the Community Services Advisory Committee ('’CSAC") of the City has reviewed the
proposal for services of Grace Like Rain, Inc. DBA Giving Grace (the “Agency”) for The Housing Focused
Case Management Program and has determined that the Agency performs an important service for the
residents of Denton without regard to race, religion, color, age, or national origin, and the CSAC
recommends the award of SLFRF funds for such services in accordance with the 2020-2022 City of Denton
Consolidated Plan pursuant to the 2022-2023 Community Development Block Grant Service Agreement
between the City and Agency attached hereto as Attachment 1 and incorporated herein for all purposes (the
“Agreement”); and
WHEREAS, the City has designated the Community Development Division as the division
responsible for the administration of the Agreement and all matters pertaining thereto; and
WHEREAS, the City Council deems it in the public interest to enter into the Agreement in 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 in the preamble of this ordinance are incorporated herein
by reference as true and as if fUlly set forth in the body of this ordinance.
SECTION 2. The City Manager or their designee is hereby authorized to execute the Agreement
with Grace Like Rain, Inc. DBA Giving Grace to provide for The Housing Focused Case Management
Program.
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SECTION 3 . The City Manager or their designee is hereby authorized to expend funds in an amount
not to exceed $50,000.00 of SLFRF funds in the manner specified in the Agreement, and to take any other
actions that may be necessary or convenient, in the reasonable opinion of either the City Manager or the
City Attorney, to carry out the City’s rights and obligations under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and approval.
The motion to approve this ordinance was made by TSr ,l_ B'b L and seconded by
$ ,._), A CLA , t A c, (’, rf . The ordinance was passed and approved by the following vote L-Z
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Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
PASSED AND APPROVED this the
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Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place5
Chris Watts, At Large Place 6:
a,64 L day of
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Scott
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DocuSign Envelope ID: 17260B16-5F8E49El-8137-89BAF8546CFI
2023-2024 SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND GRACE LIKE RAIN, INC. DBA GIVING GRACE
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 Grace Like Rain, Inc. dba Giving Grace, a Texas
nonprofit corporation doing business at 306 N Loop 288, Denton, TX 76209, hereinafter referred to as "AGENCY."
WHEREAS, the American Rescue Plan Act of 2021, also called the COVID-19 Stimulus Package or American
Rescue Plan (ARP), was passed on March 1 1, 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’s Community Services Advisory Committee (“CSAC") has reviewed the AGENCY’s proposal
for services and has determined that AGENCY performs an important service for the residents of the City of Denton
without regard to race, religion, color, age, or national origin, and CSAC recommends AGENCY’s proposal for
services; and
WHEREAS, CITY has determined that the AGENCY’s proposal for services addresses the public health emergency
and negative economic impacts of COVID-19 and can provide needed services to the residents of the City of Denton
in accordance with the 2020-2022 City of Denton Consolidated Plan, and desires to enter into an agreement for such
services; 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 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;
WHEREAS, CITY has designated the Community Development Division as the division responsible for the
administration of this Agreement and all matters pertaining thereto; and
WHEREAS, CITY’s City Council has approved this Agreement and the expenditure of up to $50,000.00 in SLFRF
funds consistent with the terms of this Agreement;
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NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and
to the performance and accomplishment of the conditions hereinafter described.
1. TERM
This Agreement shall commence on or as of October 1, 2023, and shall terminate on September 30, 2024, unless
sooner terminated in accordance with Section 25 “Termination.
2. RESPONSIBILITIES
AGENCY 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 deternhned by CITY, in accordance with the terms herein. CITY will consider AGENCY’s executive officer to
be AGENCY’s representative responsible for the management of all contractual matters pertaining hereto, unless
written notification to the contrary is received from AGENCY 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 AGENCY
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. AGENCY shall provide services and/or programming for City of Denton
residents as detailed in Exhibit A Scope of Services.
3. REPRESENTATIONS
A. AGENCY 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 AGENCY, do hereby warrant and
guarantee that he, she, or they have been fully authorized by AGENCY to execute this Agreement on behalf of
AGENCY and to validly and legally bind AGENCY 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 AGENCY or the person signing the Agreement to
enter into this Agreement. AGENCY 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. AGENCY agrees that the funds and resources provided AGENCY 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, AGENCY had this Agreement
not been executed.
4. OBLIGATIONS
CITY agrees to the following terms and conditions:
A. Limit of Liability. CITY will pay AGENCY 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 Fifty
Thousand Dollars – 850,000.00
B. Measure of Liability. In consideration of full and satisfactory performance of the services and activities
hereunder by AGENCY and receipt of required reporting and documentation of expenditures, CITY shall make
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payments to AGENCY 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 AGENCY’s financial management system in accordance with the standards specified in 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
( 1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon
CITY’s receipt and appropriation of adequate ARP funds to meet CITY’s liabilities under this Agreement,
If adequate ftmds are not available to make payments under this Agreement, CITY shall notify AGENCY 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 AGENCY 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 or 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
AGENCY requiring prior written authorization from CITY, or after CITY has requested that AGENCY
furnish data concerning such action prior to proceeding further, unless and until CITY advises AGENCY to
proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than AGENCY 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 within 15 days
from the expiration of the term for use on alternative services or projects.
AGENCY’S Obligations. In consideration of the receipt of funds from the CITY, the AGENCY agrees to the
following terms and conditions:
(1) Up to Fifty Thousand Dollars ($50,000.00) may be paid to AGENCY by CITY under the terms of this
Agreement on a reimbursement basis. Recipient shall be eligible for reimbursement only for expenditures
made in accordance with the Budget, set forth in Exhibit B, to complete those services described in the Scope
of Services in Exhibit A. AGENCY shall not utilize these funds for any other purpose.
(2) AGENCY 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.
(3) AGENCY will permit authorized officials of CITY to review its books at any time.
(4) AGENCY 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) AGENCY will not enter into any contracts that would encumber CITY funds for a period that would extend
beyond the term of this Agreement.
(6) AGENCY 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) AGENCY will appoint a representative who will be available to meet with CITY officials when requested.
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(8) AGENCY 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
AGENCY, its employees, and/or contractors.
(9) AGENCY will submit to CITY copies of year-end audited financial statements.
5. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
AGENCY shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of the City
of Denton.
AGENCY 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
AGENCY 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 AGENCY pertaining to this Agreement. Such access shall continue as long as AGENCY retains the
records, AGENCY shall maintain such records in an accessible location.
AGENCY 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 AGENCY will be subject to the requirements of this Agreement. The AGENCY agrees to be
responsible to CITY for the performance of any subcontractor.
AGENCY 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
E.
6. PERFORMANCE BY AGENCY
AGENCY 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 in accordance with the budget described in Exhibit B. Both parties agree
and acknowledge that the amount of funds provided hereunder is necessary and sufficient payment for full and
satisfactory performance of the program in accordance with all terms, provisions, and requirements of this
Agreement. No modifications or alterations may be made to the Scope of Services or Budget without the prior written
approval of the CITY’s Director of Community Services.
7. PAYMENTS
Payments to AGENCY. The CITY shall pay to AGENCY a maximum amount of money not to exceed Fifty
Thousand Dollars – $50,000.00 for services rendered under this Agreement. The CITY will pay these funds on a
reimbursement basis to AGENCY within twenty-one days after CITY has received supporting documentation of
eligible expenditures. Expenses incurred on or after October 1, 2022 may be eligible for reimbursement.
Documentation of expenditures must be submitted to the Community Development Division by the dates required
by Community Development. AGENCY’S failure to provide the information on a timely basis may jeopardize
present or future funding.
(1) 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.
(2) AGENCY’s reimbursement request for any one-month period will not exceed one-fourth (1/4) of any
budgeted line items for costs as specified in Exhibit B without prior written authorization from the CITY.
(3) if, in CITY’s sole judgment, AGENCY’s reimbursement request for any period does not provide sufficient
documentation of allowable expenditures or if CITY requests inspection or verification of claimed
A
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expenditures after receipt of a reimbursement request, CITY may withhold reimbursement for those
expenditures for an amount of time deemed reasonable by CITY pending such inspection, verification, or
receipt of documentation
Excess Payment. AGENCY 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 AGENCY; 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 by CITY as a result of any auditing or monitoring by
CITY or any other Federal agency, AGENCY will refund such amount to CITY within ten working days of a
written notice to AGENCY, 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) AGENCY, 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 fan(is.
(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 AGENCY’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 AGENCY 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 AGENCY, as well
as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written
notice to AGENCY to revert these financial assets.
Contract Close Out. AGENCY 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,
B.
C
D
E.
F
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 of AGENCY’s Budget, Exhibit B, does not constitute prior written approval, even though certain items
may appear herein. CITY’s prior written authorization is required in order for the following to be considered
allowable costs:
(1) Encumbrances or expenditures during any one-month period which exceeds one-fourth (1/4) of the total
Budget for any particular line-item as specified in Exhibit B.
(2) CITY shall not be obligated to any third parties, including any subcontractors of AGENCY, and CITY funds
shall not be used to pay for any contract service extending beyond the expiration of this Agreement.
(3) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are
conducted;
A.
B
C
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(4) Any alterations, deletions, or additions to the Budget detail incorporated in Exhibit B;
(5) Costs or fees for temporary employees or services;
(6) Any fees or payments for consultant services; and
(7) Fees for attending out of town meetings, seminars, or conferences.
Written requests for prior approval are AGENCY’s responsibility and shall be made within sufficient time to
permit a thorough review by CITY. AGENCY 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.
Expenditures will not be reimbursed to the RECIPIENT for the purchase of real property or equipment. These
are not allowable costs under this Agreement.
D
E,
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.
AGENCY 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 AGENCY agree that
any fees collected for services performed by AGENCY 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.
AGENCY shall include this Section in its entirety in all of its sub-contracts which involve other income-
producing services or activities.
It is AGENCY’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. AGENCY
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 INFORMATION
At such times and in such form as CITY may require, AGENCY shall furnish such statements, records, data, and
information as CITY may request and deem pertinent to matters covered by this Agreement. AGENCY 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 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 Agreement. Unless the CITY has granted a written exemption,
AGENCY shall submit an audit conducted by independent examiners in accordance with Generally Accepted
Accounting Principles. If the AGENCY 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 receipt of such audit.
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11. MONITORING AND EVALUATION
AGENCY agrees to participate in a monitoring and evaluation system whereby the services can be continuously
monitored. CITY shall perform monitoring of the AGENCY’s performances under this Agreement.
A. AGENCY agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by AGENCY
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. AGENCY 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. AGENCY 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. AGENCY agrees to make available its financial records for review by CITY at CITY's discretion. In addition,
AGENCY agrees to provide CITY the following data and reports, or copies thereof:
( 1) All external or internal evaluation reports;
(2) Performance/beneficiary reports to be submitted in the schedule published by the CITY’s Community
Development Division. Reports shall include such information as requested by the CITY’s Community
Development Division including but not limited to: number of persons or households assisted, race, gender,
disability status, and household income. Beneficiary reports shall be due to CITY within 15 working days
after the completion of the required reporting period. AGENCY agrees to submit financial statements no
less than once every three months. Each statement shall include current and year to date period accounting
of all revenues, expenditures, outstanding obligations, and beginning and ending balances. Financial reports
shall be due to CITY within 15 working days after the completion of the required reporting period; and
(3) An explanation of any major changes in program services.
E. To comply with this section, AGENCY agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of funds received and the services performed under this Agreement.
AGENCY's record system shall contain sufficient documentation to provide in detail full support and justification
for each expenditure. AGENCY agrees to retain all books, records, documents, reports, and written accounting
procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of
time and under the conditions specified by the CITY. Nothing in the above subsections shall be construed to
relieve AGENCY of responsibility for retaining accurate and current records, which clearly reflect the level and
benefit of services, provided under this Agreement.
F. After each official monitoring on-site visit, CITY shall provide AGENCY 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 AGENCY’s receipt of the monitoring report or
audit review letter. Future contract payments can be withheld for the AGENCY’s failure to submit a written
response within 60 days.
G. AGENCY shall submit copies of any fiscal, management, or audit reports by any of the AGENCY’s funding or
regulatory bodies to CITY within ten working days of receipt by the AGENCY.
12. MAINTENANCE OF RECORDS
A. AGENCY agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the
status of the funds received under this Agreement, in compliance with the provisions of Exhibit A and Exhibit B,
attached hereto, and with any other applicable Federal and State regulations establishing standards for financial
management. AGENCY’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
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pertain to costs incurred, audits, program income, administration, and other activities and functions. AGENCY’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 AGENCY of fiscal accountability and liability
under any other provision of this Agreement or any applicable law. AGENCY shall include the substance of this
provision in all subcontracts.
AGENCY 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 AGENCY 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 AGENCY 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, AGENCY 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.
AGENCY understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors
meetings. Minutes of all meetings of AGENCY's governing body shall be available to CITY within ten days after
Board approval.
14. WARRANTIES
AGENCY 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.
Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete,
accurate, and fairly reflect the financial condition of AGENCY 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 AGENCY.
B
C. No litigation or legal proceedings are presently pending or threatened against the AGENCY.
D. None of the provisions herein contravene or are in conflict with the authority under which AGENCY is doing
business or with the provisions of any existing indenture or agreement of AGENCY.
AGENCY has the power to enter into this Agreement and accept payments hereunder and has taken all necessary
action to authorize such acceptance under the terms and conditions of this Agreement.
None of the assets of AGENCY are subject to any lien or encumbrance of any character, except for current taxes
not delinquent, except as shown in the financial statements furnished by AGENCY 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.
E
F
G
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15. COVENANTS
During the period of time that payment may be made hereunder and so long as any payments remain unliquidated,
AGENCY 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 AGENCY 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 AGENCY 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
AGENCY by CITY, unless CITY authorizes such transfer in writing.
AGENCY agrees, upon written request by CITY, to require its employees to attend training sessions sponsored
by the Community Development Division.
A
B.
16. INSURANCE
AGENCY 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 AGENCY, CITY may,
at its sole discretion, approve alternate insurance coverage arrangements.
AGENCY 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.
AGENCY will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated
by AGENCY. All employees of AGENCY 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
AGENCY’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 AGENCY.
The policy or policies of insurance shall contain a clause which requires that CITY and AGENCY 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
AGENCY shall comply with all applicable equal employment opportunity and affirmative action laws or
regulations. The AGENCY shall not discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, gender, age, or disability. The AGENCY 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,
A
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layoff, termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
AGENCY shall comply with all applicable equal employment opportunity and affirmative action laws or
regulations. The AGENCY 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 1 990, the Age Discrimination Act of 1975, Executive Order 1 1063 and Executive Order
11246 as amended by Executive Orders 11375 and 12086.
AGENCY 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 AGENCY’s non-compliance with the non-discrimination requirements, CITY may cancel or
terminate the Agreement in whole or in part, and AGENCY may be barred from further contracts with CITY.
B.
C.
D.
18. PERSONNEL POLICIES
Personnel policies shall be established by AGENCY 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; and
C. Be approved by the governing body of AGENCY.
19. CONFLICT OF INTEREST
AGENCY 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. AGENCY 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.
AGENCY further covenants that no member of its governing body or its staff, subcontractors, or employees shall
possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by
desire for private gain for himseIFherself, or others, particularly those with which he/she has family, business, or
other ties.
No officer, member, or employee of CITY and no member of its governing body who exercises any function or
responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate
in any decision relating to the Agreement which affects his or her personal interest or the interest in any
corporation, partnership, or association in which he or she has a direct or indirect interest.
A.
B.
C.
20. NEPOTISM
AGENCY 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 AGENCY or is a member of AGENCY'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.
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21. POLITICAL OR SECTARLAN ACTIVITY
Neither the funds advanced pursuant to this Agreement, nor any personnel who may be employed by the
AGENCY 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 AGENCY is prohibited from using funds provided herein or personnel employed in the administration of
the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism
actlvrtres.
The AGENCY 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 AGENCY connected with any activity that is funded in whole or in part by funds provided to
AGENCY 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.
AGENCY hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit C and if
necessary, the Disclosure of Lobbying Activities provided by the CITY.
A.
B
C
D.
22. PUBLICITY
Where such action is appropriate, AGENCY shall publicize the activities conducted by AGENCY 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
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
AGENCY 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.
AGENCY may not make transfers between or among approved line items within budget categories set forth in
Exhibit B without prior written approval of CITY. AGENCY 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
A
B.
C
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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
AGENCY, 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 AGENCY’s compensation. Such changes shall be incorporated
in a written amendment hereto, as provided in Subsection A of this Section.
Any alterations, deletions, or additions to the Budget set forth in Exhibit B requested by RECIPIENT shall require
the prior written approval of CITY.
AGENCY 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.
AGENCY 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.
D.
E.
F.
G.
H.
1.
24. SUSPENSION OF FUNDING
Upon determination by CITY of AGENCY’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 AGENCY, withhold further payments to AGENCY. Such notice may
be given by mail to the Executive Officer and the Board of Directors of AGENCY. 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, AGENCY may be restored to full
compliance status and paid all eligible fUnds withheld or impounded during the suspension period. If however, CITY
determines that AGENCY has not come into compliance, the provisions of Section 25 may be effectuated.
25. TERMINATION
CITY may terminate this Agreement for any of the following reasons or for other reasons not specifically
enumerated in this Section:
( 1) AGENCY’s failure to attain compliance during any prescribed period of suspension as provided in Section
24
(2) AGENCY’s failure to materially comply with any of the terms of this Agreement.
(3) AGENCY’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 AGENCY:
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 course
of business
A
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(6) Appointment of a trustee, receiver, or liquidator for all or substantial part of AGENCY’s property, or
institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against
AGENCY
(7) AGENCY’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) AGENCY’s violation of any law or regulation to which AGENCY is bound or shall be bound under the terms
of the Agreement.
CITY shall promptly notify AGENCY 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, AGENCY 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 of AGENCY covered by the Agreement, less payments previously made.
AGENCY may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside
funding occurs upon which AGENCY depends for performance hereunder. AGENCY 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 AGENCY and the funding source in question. AGENCY may terminate this
Agreement upon the dissolution of AGENCY’s organization not occasioned by a breach of this Agreement.
Upon receipt of notice to terminate, AGENCY 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 AGENCY
or AGENCY’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.
Notwithstanding any exercise by CITY of its right of suspension or termination, AGENCY shall not be relieved
of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by AGENCY, and
CITY may withhold any reimbursement to RSUBECIPIENT until such time as the exact amount of damages due
to CITY from AGENCY is agreed upon or otherwise determined.
B
C.
D.
E.
F.
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 AGENCY, AGENCY 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
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with AGENCY as an
independent contractor and that as such, AGENCY 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
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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 AGENCY.
AGENCY 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.
B
28. NON-RELIGIOUS ACTIVITIES
As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in activities supported by
CITY funding including programs that make funds available through contracts, grants, or cooperative
agreements. AGENCY 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 AGENCY 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 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
reasonable 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 of these protections, including
any denials of services or benefits by an organization, by contacting or filing a written complaint to HUD or
the intermediary administering the program, if applicable.
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
beneficiaries 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
prospective beneficiary objects to the religious character of the organization, and to refer the beneficiary or
prospective beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has no
such objection.
A.
B
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29. MISCELLANEOUS
AGENCY 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
AGENCY shall become the property of CITY upon receipt.
Debarment: AGENCY 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 AGENCY 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
AGENCY. 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,
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 AGENCY provides services to the homeless it is required to:
( 1) 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 fUnding, such as the U.S.
Department of Housing and Urban Development’s homeless assistance funds.
(2) Participate in the Denton County Homeless Leadership Team meetings and any applicable workgroup(s).
The Denton County Homeless Leadership Team is a collaborative, cross-sector team that convenes to
improve the planning, coordination, oversight, and implementation required to create systems change for
housing/homelessness initiatives in Denton County. Further, the AGENCY is encouraged to work in
partnership with fellow service providers to improve efficiency and effectiveness.
A
B.
C.
D
E
F.
G.
H
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I. AGENCY acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is
prohibited from entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this agreement, AGENCY certifies that
AGENCY’s signature provides written verifIcation to the CITY that AGENCY: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the agreement Failure to meet or maintain the requirements under
this provision will be considered a material breach.
J. Sections 2252 and 2270 of the Texas Government Code restrict CITY hom contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, AGENCY ceniftes that
AGENCY’s signature provides written verification to the CITY that AGENCY, pursuant to Chapters 2252 and
2270, is not ineligible to enter into this agreement and will not become ineligible to receive payments under
this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
K. AGENCY acknowledges that in accordance with Chapter 2274 of the Texas Government Code, CITY is
prohibited from entering into a contract with a company for goods or services unless the contract contains written
verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and “company” shall have the
meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By signing this agreement,
AGENCY certiftes that AGENCY’s signature provides written verifIcation to the CITY that AGENCY: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of the agreement
Failure to meet or maintain the requirements under this provision will be considered a material breach.
L. AGENCY acknowledges that in accordance with Chapter 2274 of the Texas Government Code, CITY is
prohibited from entering into a contract with a company for goods or services unless the contract contains
written verification from the company that it (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term
of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm
entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the meanings
ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement, AGENCY
certifres that AGENCY’s signature provides written verification to the City that AGENCY: (1) does not have
a practice, policy, guidance, or directive that discriminates against a fIrearm entity or fIrearm trade
association; and (2) will not discriminate during the term of the contract against a fIrearm entity or fIrearm
trade association. Failure to meet or maintain the requirements under this provision will be considered a
material breach
M. 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:
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TO CITY:
City Manager
TO AGENCY:
Grace Like Rain, Inc. dba Giving Grace
City of Denton
215 E. McKinney
Ann: Executive Director/CEO/Commander
306 N Loop 288
Denton, Texas 76201 Denton, TX 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
litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas.
IN WITNESS OF WHICH this Agreement has been executed as of the 26
2023
day of September
CITY OF DENTON:GRACE LIKE RAIN, INC. DBA GIVING
GRACE :
BYI SMA t/o@
SARA HENSLEY,
CITY MANAGER
'DocuSigned by:
BY Add,tIlt ('aMLcr
TITLE: CEO
ATTEST:ATTEST:
by:
JLst£s Sl
!
Paul s+MbJAdUy
CITY SECRETARY TITLE: Board President
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
DocuSigned by:
thaI'elle sL+q
FRW
Director of Community Services
Title
Community Services
Department
Date Signed:
9/18/2023
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Exhibit A
Scope of Services
The Scope of Services under this Agreement shall be as follows:
SECTION I – SERVICE GOAL
AGENCY assists the City of Denton to improve the availability and accessibility of services in response to the public
health emergency and economic impacts of COVID-19 that promote strong, supportive relationships for families,
neighborhoods, and communities and a suitable living environment, as outlined in the 2020-2022 City of Denton
Consolidated Plan and supports a coordinated effort to maximize community resources.
AGENCY shall provide: a case management service program, Funds will provide a phase-based approach to case
management that assists households at risk or experiencing homelessness with achieving housing stability. The
program will be operated as a community-based case management program with services being provided at varying
access points in the community. The program will be operated at Serve Denton, 306 N Loop 288, Denton, TX 76209.
The program will operate 9:00am – 5:00pm Monday through Friday on a continual basis.
SECTION II – OUTCOMES
AGENCY shall provide benefits to the citizens of the City of Denton by achieving these outcomes:
• Case management service and support for up to 10 families will be provided by the Rise with Grace
Director in the City of Denton, 80% of 10 families will complete Phase 4 of the program.
• Childcare referrals and support for up to 7 children will be provided by the Rise with Grace Director in the
City of Denton, 100% of 7 children will utilize childcare support services.
• Behavioral health referrals and support for up to 10 families will be provided by the Rise with Grace
Director as needed in the City of Denton, 80% of 10 families will seek treatment for behavioral health.
SECTION III – UNIT OF SERVICE
A unit of service will be the metric by which the CITY and the AGENCY can measure services and performance
under this Agreement. The total number of units of service required constitutes the performance target for the
AGENCY under this Agreement. A unit of service shall be defined as services provided to an eligible low to
moderate-income person or other presumed benefit category as defined, who is a resident of the City of Denton.
Total Number ofUnduplicated Clients
Agency: 2,318 Program: B
Total Number ofUnduplicated Clients City of Denton Only:
Agency: 2l218 Program: W
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Service Unit 1 :
Unit of Service: Support Services – Childcare Assistance Tuition Coverage
Total Clients: 7
Total Units Delivered: 12 weeks
Unit of Service Cost: $16,800
Cost per Client: 82,400
Cost per Unit: $200
Service Unit 2:
Unit of Service: Case Management Service – Mental Health Treatment Counseling Sessions
Total Clients: 10
Total Units Delivered: 24 Sessions
Unit of Service Cost: $15,600
Cost per Client: SI,560
Cost per Unit: $130
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Exhibit B
Budget
AGENCY 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 AGENCY exceed the lesser of the
AGENCY’s costs attributable to the work performed as stated herein, or sum of Fifty Thousand Dollars $50,000.00
Allowable Expenditure
Director of Rise with Grace Partial Salary
Childcare Reimbursements
Mental Health Counseling Reimbursernents
Total
$ 17,600.00
$ 16,800.00
$ 15,600.00
$50,000.00
AGENCY will be reimbursed in accordance with Section 7 of this Agreement for eligible expenditures made in
connection with the Scope of Services described in Exhibit A to this Agreement. AGENCY will submit monthly
reimbursement requests as provided in this Exhibit B and in this Agreement.
Reimbursement requests must include (list items/backup required with Request for Payment)
All Agencies:
1. Cost Allocation Plan prior to their first Request for Reimbursement
2. Client List, numbered with unique identifier (at least quarterly)
3. Other documentation may be requested to support any cost allocation reimbursements
For Agencies Seeking Salary reimbursements:
1. Copy ofTimesheet signed by staff member AND supervisor
2. Copy ofPaystub with payroll detail. Payroll register accepted if provided by third party vendor.
3. City of Denton Salary Ledger Sheet
For Agencies seeking cost reimbursement for purchase of Goods or Services:
1. Invoice/Receipt
1. Proof of payment (copy of check with check number or bank statement)
Page 21 of 23
DocuSign Envelope ID: 17260B16-5F8E49El-8137-89BAF8546CFI
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 Limit Low f800/,
Category
$57,750.001
866,000.002
$74,250.003
$82,500.004
$89,100.005
$95,700.006
5102,300.007
8108,900.008
Income: $ 105,600 (Household of 4
Very Low (50%)30% Limits
$36,100.00
$41,250.00
$21,700.00
824,800.00
846,400.00
$51,550.00
$55,700.00
$59,800.00
$63,950.00
$68,050.00
$27,900.00
$30,950.00
$33,450.00
$35,950.00
$38,400.00
840.900.00
Page 22 of 23
DocuSign Envelope ID: 17260B16-5F8E49El-8137-89BAF8546CFI
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 $100,000 for each such failure.
Grace Like Rain, Inc.
Grantee
DocuSlgned by:
Adcllrllb (atMLcr
Signature
CEO
Title
9/19/2023
Date
Page 23 of 23
[Xx>uSign
Certificate Of Completion
Envelope Id: 17260B165F8E49E1813789BAF8546CFI
Subject: Complete with DocuSign: ID 23-1267 GG ARP 2023-24 Agreement - Signed.pdf
Status: Completed
Source Envelope:
Document Pages: 23
Certificate Pages: 5
Signatures: 2 Envelope Originator:
Lauri Nack
901B Texas Street
Denton, TX 76209
Lauri.Nack@cityofdenton.com
IP Address: 198.49.140.10
Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
9/28/2023 10:11 :47 AM
Holder Lauri Nack
Lauri.Nack@cityofdenton.com
Location: DocuSign
Signer Events
Lauri Nack
lauri.nack@cityofdenton.com
President & CEO
City of Denton - Community Services
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature Timestamp
Sent: 9/28/2023 10:13:46 AM
Viewed: 9/28/2023 10:13:57 AM
Signed: 9/28/2023 10:14:09 AM
Completed
Using IP Address: 198.49.140.10
Sara Hensley
Sara.Hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 9/28/2023 10:14:11 AM
Viewed: 9/28/2023 10:41 :54 AM
Signed: 9/28/2023 10:42:03 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: 9/28/2023 10:42:07 AM
Viewed: 9/28/2023 10:49:33 AM
Signed: 9/28/2023 10:49:41 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 9/28/2023 10:49:33 AM
ID: 7e9d14aa-69824020-be4741 a2ed62a7d2
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status
Status
Timestamp
Intermediary Delivery Events Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events Timestamp
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: 9/28/2023 10:49:43 AM
Eric Chasco
Eric.Chasco@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 9/28/2023 10:49:43 AM
Viewed: 9/28/2023 10:52:27 AM
Lauri Nack
lauri.nack@cityofdenton.com
President & CEO
City of Denton - Community Services
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 9/28/2023 10:49:44 AM
Resent: 9/28/2023 10:49:47 AM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
9/28/2023 10:13:46 AM
9/28/2023 10:49:33 AM
9/28/2023 10:49:41 AM
9/28/2023 10:49:44 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. Described below are the terms and conditions for
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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
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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,
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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:
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page, select the check-box indicating you wish to withdraw your consent, or you may;
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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.
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Operating S ms
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Browsers (for SIGNERS)
r
mI )
mlet Explorer 6.0?, Mozilla FireFox 1.0
NetScape 7.2 (or above)
&ess to a valid email account
x
Email
Screen Resolution
Enabled Security Settings
• Allow per session cookies
•Users accessing the internet behind a Proxy
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roxy connectron
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
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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
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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:
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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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.