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HomeMy WebLinkAbout2001-399FILE REFERENCE FORM 2001-399 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Ordinance No. 2003-149 05/27/2003 JK ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $9,000 00 BETWEEN THE CITY OF DENTON, TEXAS AND CHILDREN' S ADVOCACY CENTER FOR DENTON COUNTY, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Children's Advocacy Center for Denton County serves an important public purpose by providing facilities and other victim abuse services for law enforcement officials as more fully described in the agreement mentioned below (the "Program"), and WHEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and Children's Advocacy Center for Denton County attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose and the Agreement is in the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SSECTION 1 The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein SECTION 2 The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement The prior signing of the Agreement by the City Manager is hereby ratified SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the & �-t day of , 2001 EULINE BROCK, MAYOR ATTEST JEN ER WALTERS,Ci Y SECRETARY BYr_j APMOVED AS TO LEG4,FORM HERBERT L-WsOUTYeOTY ATTORNEY 141 2001-2002 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Children's Advocacy Center for Denton County, a non-profit corporation, 1960 Archer Avenue, Lewisville, Texas 75067, hereinafter referred to as "Organization", WHEREAS, City has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services, NOW, THEREFORE, the parties hereto mutually agree as follows I SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used A Provide facilities for law enforcement to video tape interviews with child victims or courtesy interviews when they would prefer not to question the child themselves B Provide facilitation of weekly multi disciplinary case reviews to ensure interagency collaboration on new cases C Provide crisis stabilization for victims and non -offending family members throughout the investigation D Provide therapy services for victims and coordination of sexual abuse examinations E Provide community education about child abuse, sexual assault and the role of the Organization in providing services Organization shall perform those services described in the Work Statement herein attached as Exhibit A and incorporated herein by reference II OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions A Nine Thousand Dollars ($9,000) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein Organization shall not utilize these funds for any other purpose B The Organization 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 C The Organization will permit authorized officials of City to review its books at anytime D The Organization will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Services Division along with any amendments, additions, or revisions whenever adopted E The Organization will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement F The Organization 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 the Community Services Division for further direction G The Organization will appoint a representative who will be available to meet with City officials when requested H The Organization will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors The Organization will submit to City copies of year-end audited financial statements III TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame October 1, 2001 through September 30, 2002, unless the contract is sooner terminated under Section VII "Suspension or Termination" IV PAYMENTS A PAYMENTS TO ORGANIZATION City shall pay to Organization a maximum amount of money not to exceed Nine Thousand Dollars ($9,000) for services rendered under this Agreement City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding B EXCESS PAYMENT Organization shall refund to City within ten (10) 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 Organization, 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 C Organization's reimbursement request for anyone month period will not exceed one -fifth (115) of any budgeted line items for costs as specified in Exhibit B D DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under - expended funds If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Contract, City may require a refund of any and all money expected pursuant to this contract by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to organization to revert these financial assets The reversiomof these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this contract E CONTRACT CLOSEOUT Organization shall submit the contract closeout package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period Organization shall utilize the form agreed upon by City and Organization V EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored Organization agrees to make available its financial records for review by City at City's discretion In addition, Organization agrees to provide City the following data and reports, or copies thereof A All external or internal audits Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt B All external or internal evaluation reports C Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include the following data number of persons served, number of households served, race, income, female head of household, disabilities and other information if requested by City Organization will provide the above information on beneficiary report form provided by City Quarterly beneficiary reports shall be submitted to the Community Services Division within 15 working days after the quarter has been completed D I Organization agrees to submit quarterly financial statements in January, April, July, and September Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances Quarterly financial reports shall be submitted to the Community Services Division within 15 working days after the quarter has been completed E An explanation of any major changes in program services F To comply with this section, Organization 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 Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure Organization 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 five years G INothmg in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement VI DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings Iof 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 Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval VII SUSPENSION OR TERMINATION A The City may terminate this Agreement for cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph B The City may terminate this Agreement for convenience at any time If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination In no event will this compensation exceed an amount that bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance In case of termination, Organization will remit to City any unexpended City funds Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have ansing out of this Agreement VIII EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement B Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations C Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations D In the event of Organization's non-compliance with the non-discnmmation requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City IX WARRANTIES ORGANIZATION 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 conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization C No litigation or legal proceedings are presently pending or threatened against Organization D None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization E Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement F None of the assets of Organization 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 Organization 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 X CHANGES AND AMENDMENTS A 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 B Organization may not make transfers between or among approved line -items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City Organization 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 C Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B D 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 N E City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section F Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City G Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change H Organization shall notify City of any changes in personnel or governing board composition I 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 XI. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees XII INSURANCE A Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement B The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements 7 C Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable D Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization All employees of Organization 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 Organization's files E Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization F The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation XIII CONFLICT OF INTEREST A Organization 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 Organization 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 B Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others, particularly those with which he/she has family, business, or other ties C 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 personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest XIV NEPOTISM Organization 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 Organization, or is a member of Organization's governing board The term "member of immediate family" includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, mece, step-parent, step -child, half-brother and half-sister XV NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States marl, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses CITY City of Denton, Texas Attn City Manager 215 E McKinney Denton, TX 76201 ORGANIZATION Director Children's Advocacy Center for Denton Co 1960 Archer Avenue Lewisville, TX 75067 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested XVI MISCELLANEOUS A Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim ansing thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City B If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in frill force and effect and continue to conform to the original intent of both parties hereto C In no event shall any payment to Orgamzation hereunder, or any other actor failure of City to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute 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 Organization Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, pnvilege, 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 D This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior 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 E In the event any disagreement or dispute should arse 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 for matters of compliance, will have the final authority to render or to secure an interpretation F 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 of competentjunsdiction sitting to Denton County, Texas IN WITNESS W WREOF, the -parties do hereby affix their signatures and enter into this Agreement as of the 7� day of ¢M1 CITY OF DENTON, TEXAS } IVY" BY MI AEL A CONDUFF,CI AGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY' Iva APPROVED AS TO LEGAL FORM HERBERT PROUTY, CITY ATTORNEY J'S ADVOCACY CENTER FOR DENTON COUNTY t 10 BOARDATTEST -, oowt W. &&",) 11 City of Denton - Community Services Division Qualifying Income Limits for Federally Assisted Programs FY 2001/2002 Maximum Income Levels Family Size Moderate Income 80% AMI - <65% AMI Low Income 65% AMI - <50% AMI Very -Low Income 50% AMI - <30% AMI Extremely -Low Income S30% AMI 1 $36,050 - 29,316 $29,315 - $22,551 $22,550 - $13,531 $13,530 or Below 2 $41,200 - $33,476 $33,475 - $25,751 $25,750 - $15,451 $15,450 or Below 3 $46,350 - $37,701 $37,700 - $29,001 $29,000 - $17,401 $17,400 or Below 4 $51,500 - $41,861 $41,860 - $32,201 $32,200 - $19,321 $19,320 or Below 5 $55,650 - $45,241 $45,240 - $34,801 $34,800 - $20,881 $20,880 or Below 6 $59,750 - $48,556 $48,555 - $37,351 $37,350 - $22,411 $22,410 or Below 7 $63,900 - $51,936 $51,935 - $39,951 $39,950 - $23,971 $23,970 or Below 8 $68,000 - $55,251 $55,250 - $42,501 $42,500 - $25,551 $25,550 or Below Source: U S Department of Housing and Urban Development Effective: October 2001 12 EXHIBIT f°A" WORK STATEMENT CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY • Work in conjunction with the Denton Police Department, Child Protective Services, and appropriate service providers to serve child victims of sexual and serious physical abuse, their non -offending family members, and the involved professionals • Provide facilities for law enforcement to videotape interviews with child victims • Provide assistance with setting up courtesy interviews for law enforcement when law enforcement would prefer not to conduct the interview • Provide facilitation of the weekly multidisciplinary case review to ensure interagency collaboration on cases • Provide crisis stabilization for victims and non -offending family members • Provide community education about child abuse, sexual assault and the role of the Organization in providing services • Provide therapy services for victims and non -offending family members • Provide coordination of sexual abuse examinations when needed OUTCOME MEASURES • Organization will provide services to 100 sexually and/or physically abused children ages 0- 17 from the City of Denton • Organization will provide at least 300 units of service to City of Denton residents during the contract year 13 EXHIBIT "B" BUDGET CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY These funds will be used to help support the salary of the organization's Community Liaison The Community Liaison provides volunteer coordination for the agency In addition, the Community Liaison provides community education and presentations throughout the county about sexual assault prevention, cluld abuse and the role of the Organization in providing services The $9,000 funded by the City of Denton covers less than half of the salary of this position Salary Expenses $9,000 (TOTAL CONTRACT AMOUNT) Monthly Request $750 00 3 Our UxummWCennxWIWWOCCAC 3=10 Aar =W KI