1999-328IN THE AMOUNT OF $40,000)
WHEREAS, the City has solicited, rece,ved and tabulated competit~ve b~ds for the purchase of
necessary materials, eqmpment, supplies or services In accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that the
herein described b~ds are the lowest responsible bids for the materials, equipment, supplies or services as
shown in the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has provided in the City Budget for the approprianon of funds to be
used for the purchase of the materials, eqmpment, supplies or services approved and accepted herein, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following compet~tive bids for materials, equipment, supplies, or services,
described in the "Bid Proposals" on file In the office of City's Purchasing Agent filed according to the bid
number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds for such
items
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2381 ALL FRIENDS OF THE FAMILY, INC $40,000
SECTION II That the acceptance and approval of the above compet~nve bids, the City accepts the
offer of the persons submitting the b~ds for such ~tems and agrees to purchase the materials, equipment,
supphes or services m accordance w~th the terms, specffications, standards, quant~ties and for the specffied
sums contmned in the Bid Inmtattons, B~d Proposals, and related documents
SECTION III That the City and persons submitting approved and accepted items and of the
submitted b~ds wish to enter ,nto a formal written agreement as a result of the acceptance, approval, and
awarding of the b~ds, the City Manager or his designated representative is hereby authorized to execute the
written contracts which shall be attached hereto, provided that the written contract ns ~n accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained ~n the Bid Proposal and
related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above competitive b~ds, the C~ty Councd
hereby authorizes the oxpend~ture of funds therefor m the amount and ~n accordance w~th the approved b~ds
or pursuant to a written contract made pursuant thereto as authorized heretn
SECTION V That this ordmance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED thts the day of ~_,~_~:r.~1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2381 DOMESTIC VIOLENCE, SEXUAL CONTRACT ORDINANCE
1999 - 2000 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON COUNTY FRIENDS OF THE FAMILY, INC
BID #2381
Tlus Agreement as hereby entered ante by and between the Caty of Denton, Texas, a Home
Rule Mummpal Corporataon, herematter referred to as "City", and Denton County Friends of the
Family, Inc, heremafter referred to as "Orgamzatlon",
WHEREAS, Ctty's Human Servaees Commattee ("HSC") has remewed the proposal for
servmes and has determined that Organazataon performs an ~mportant servme for the residents of
Denton wathout regard to race, rehg~on, color, age or nataonal ong~n, and HSC recommends the
purchase of servmes, and
WHEREAS, Caty has determmed that the proposal for servaces merits assastance and can
prowde needed servmes to catazens of Caty and has prowded funds an its budget for the purpose
ofpayang for contractual serrates,
NOW, THEREFORE, the part,es hereto mutually agree as follows
1.
SCOPE OF SERVICES
Orgamzataon shall m a satasfactory and proper manner perform the following tasks, for
whach the momes provaded by Caty may be used
A Provade emergency resadentml shelter to women and their children, who are vmtams of
domestac vaolence
B Prowde counselmg, on both a resadentml and non-res~dentaal basra, to family members,
to assast them m dealing wath the emotaonal and physical trauma of domemc vaolence
C Provade counseling servaces to vactams of rape and thear famthes
D Provade commumty education servaces concerning rape and domestm violence
Organazataon shall perform those servmes described ~n the Work Statement here~n attached
as Exhabtt A
2.
OBLIGATIONS OF ORGANIZATION
In consaderataon of the receapt of funds from C~ty, Orgamzat~on agrees to the following
terms and condataons
A Forty Thousand Dollars ($40,000 00) may be paid to Orgamzat~on by C~ty, and the only
expenditures reimbursed from these funds, shall be those in accordance w~th the project budget,
attached hereto as Exhibit B and incorporated herein by reference, for those expenses hsted m
the scope of services as prowded hereto Organization shall not utlhze these funds for any other
purpose
B It will estabhsh, operate, and mmntmn an account system for th~s program that will
allow for a tracing of funds and a review of the financial status of the program
C It will penmt authorized officmls of C~ty to review ~ts books at any time
D It will reduce to writing all of ~ts roles, regulattons, and policies and file a copy w~th
C~ty's Commumty Development Office along w~th any amendments, additions, or rews~ons
whenever adopted
E It will not enter into any contracts that would encumber City funds for a period that
would extend beyond the term of thru Agreement
F It will promptly pay all bills when submitted unless there ~s a discrepancy an a bill, any
errors or dtscrepanc~es ~n bills shall be promptly reported to C~ty's Assistant City Manager for
Fiscal & Mumc~pal Servmes, or her anthonzed representative, for further chrectlon
G It wall appoint a representatave who will be available to meet w~th City's Assistant
C~ty Manager for F~scal & Mumc~pal Services and other City officials when requested
H It will ~ndemmfy and hold harmless City from any and all claims and stats arising out
of the act~wtles of Orgamzat~on, its employees, and/or contractors
I It will submit to City copies of year-end audited financial statements
3.
TIME OF PERFORMANCE
The services funded by C~ty shall be undertaken and completed by Organization within the
following time frame
October 1, 1999 through September 30, 2000, unless the contract ~s sooner terminated un-
der Section 7 "Suspension or Termination"
4
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A Orgamzat~on understands that funds provided to ~t pursuant to this Agreement are
funds which have been made av~ulable to City by the Federal Government (U S Department of
PAGE 2
Housing and Urban Development) under the Housing and Commumty Development Act of
1974, as amended, m accordance wath an approved Grant Apphcat~on and specific assurances
Accordingly, Organization assures and certifies that at will comply w~th the reqmrements of the
Housing and Commumty Development Act of 1974 (P L 93-383) as amended and w~th regula-
tions promulgated thereunder, and codified at 24 CFR 570 The foreguing ~s ~n no way meant to
constitute a complete compilation of all duties ~mposed upon Organ~zataon by law or adm~uistra-
t~ve ruhng, or to narrow the standards which Organization must follow
Orgamzat~on further accrues and certifies that ~f the regulations and ISSUances promul-
gated pursuant to the Act are amended or rewsed, ~t shall comply w~th them, or notify C~ty, as
prowded m Section 24 of th~s Agreement
Organazatxon agrees to ab~de by the conditions of and comply w~th the requirements of
the Office of Management and Budget C~reulars Nos A-110 and A-122
B Orgamzat~on shall comply w~th all apphcable federal laws, laws of the State of Texas
and ordinances of the Cxty of Denton
5.
REPRESENTATIONS
A Orgamzat~on assures and guarantees that ~t possesses the legal authority, pursuant to
any proper, appropriate and officml motion, resolution or action passed or taken, to enter ~nto th~s
Agreement
B The person or persons s~gnmg and executing th~s Agreement on behalf of Orgamza-
t~on, do hereby warrant and guarantee that he, she, or they have been fully authorized by Orgam-
zat~on to ~xeeute th~s Agreement on behalf of Organization and to vahdly and legally brad Or-
ganization to all terms, performances and provisions hereto set forth
C C~ty shall have the right, at ~ts option, to e~ther temporarily suspend or permanently
terminate th~s Agreement ff there ~s a d~spute as to the legal authority of e~ther Orgamzat~on or
the person s~gmng the Agreement to enter into this Agreement Organization ~s hable to City for
any money ~t has received from C~ty for performance of the prows~ons of th~s Agreement ff C~ty
has suspended or terminated tbas Agreement for the reasons enumerated m th~s Section
D Organ~zation agrees that the funds and resources prowded Orgamzat~on under the
terms of th~s Agreement will m no way be substituted for funds and resources from other
sources, nor m any way serve to reduce the resources, services, or other benefits which would
have been avmlable to, or prowded through, Organization had this Agreement not been executed
PAGE 3
COVENANTS
A Dunng the period of time that payment may be made hereunder and so long as any
payments remain unhqmdated, Orgamzatlon shall not, w~thout the prior written consent of the
Commtunty Development Admimstrator or her authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of Organization now owned or hereafter acquired by ~t, or penmt any pre-
ex~stmg mortgages, hens, or other encumbrances to remain on, or attached to, any assets
of Organization which are allocated to the performance of this Agreement and w~th re-
spect to which C~ty has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables,
notes or clauns for money due or to become due
(3) Sell, convey, or lease all or substantial part or,ts assets
(4) Make any advance or loan to, or incur any habthty for any other finn, person,
entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or item of personal property pur-
chased w~th funds prod to Organization by City, unless C~ty authorizes such transfer
B Should Organization use funds received under th~s Agreement to acqmre or ~mprove
real property under Orgamzat~on's control, Orgamzatlon agrees and covenants
(1) That the property shall be used to meet one of the national objectives stated in
24 CFR 570 until August 31, 2006
(2) That should Organization transfer or otherwise dispose of smd property on or
before August 31, 2006, Organization shall reimburse C~ty in the mount of the fmr mar-
ket value of th~s property less any port~on of the value attributable to expenditures of non-
CDBG funds for acquisition of, or improvement to, the property
C Organization agrees, upon written request by City, to reqmre ~ts employees to attend
traunng sessions sponsored by the Commumty Development Office
PAGE 4
PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Organization a maximum amount of
money not to exceed $40,000 00 for services rendered under th~s Agreement C~ty will pay these
funds on a reimbursement basis to Orgamzat~on within 20 days after City has received support-
~ng documentation Orgamzatlon's failure to requast reimbursement on a timely bas~s, may jeop-
ardize present or future funding
B ExcEss PAYMENT Organization shall refund to City within ten working days of C~ty%
request, any sum of money which has been pa~d by C~ty and Much City at any t~me thereafier
determines
1) has resulted m overpayment to Organization, or
2) has not been spent strictly m accordance with the terms of this Agreement, or
3) ~s not supported by adequate documentation to fully justify the expenditure
C Organization's reimbursement request for any one month period will not exceed one-
fifth (1/5) of any budgeted line items for costs as specified m Exhibit B
D DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the cvant that actual expend~turas
deviate from Organization's prows~on of a corresponding level of performance, as specified in
Exhibit A, City hereby reserves the right to reappropnate or recapture any such under expended
funds If C~ty finds that Organization ~s unwilhng and/or unable to comply w~th any of the terms
of this Contract, City may require a refund of any and all money expended pursuant to this Con-
tract by Organization, as well as any remaining uncxpended funds which shall be refunded to
C~ty w~thm ten working days of a written not,ce to Organization to revert these financial assets
The reversion of these financial assets shall be in addition to any other remedy available to C~ty
either at law or ~n equity for breach of tlus Contract
E CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to
City, together with a final expenditure report, for the t~me period covered by the last ~nvolce re-
questing reimbursement of funds under this Agreement, w~thm 15 working days following the
close of the contract period Organization shall utlhze the form agreed upon by City and Organi-
zation
8.
MAINTENANCE OF RECORDS
A Orgamzat~on agrees to malntaan records that will provide accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement, m comphance
with the provls~ons of Exhibit B, attached hereto, and w~th any other apphcable Federal and State
PAGE 5
regulations establishing standards for financial management Organization's record system shall
contain sufficient documentation to provide an detail full support and justification for each ex-
penditure Notlung m this Section shall be construed to relieve Organization of fiscal account-
ablhty and habflity under any other prowsion of this Agreement or any applicable law Organi-
zation shall include the substance of this provision m all subcontracts
B Organization agrees to retain all books, records, documents, reports, and written ac-
counting procedures pertmmng to the operation of programs and expenditures of funds under this
Agreement for five years
C Nothing m the above subsections shall be construed to reheve Organization of respon-
sibihty for retaining accurate and current records which clearly reflect the level and benefit of
services provided under this Agreement
D At any reasonable time and as often as City may deem necessary, the Organization
shall make available to City, HUD, or any of their anthorlzed representatives, all of its records
and shall permit City, HUD, 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 or employment and all other data requested by said
representatives
9
REPORTS AND INFORMATION
At such times and m such form as City may require, Orgamzataon shall furnish such
statements, records, data and information as City may request and deem pertinent to matters cov-
ered by this Agreement
Orgamzataon shall submit quarterly beneficiary and financial reports to City no less than
once each three months The beneficiary report shall detail client reformation, mcludmg race,
income, female head of household and other statistics required by C~ty The financial report shall
include ~nformatlon and data relative to all programmatic and financial reporting as of the beg~n-
rang date specified in Section 1 oftl~s Agreement
Unless a written exemption has been granted by the City, Organization shall submit an
audit conducted by independent examiners with ten days after receipt of such
10,
EVALUATION
Orgamzataon agrees to participate in an implementation and maintenance system whereby
the services can be continuously momtored Organization agrees to make available its financml
records for review by City at City's d~seretaon In addmon, Organization agrees to provide City
the following data and reports, or copies thereof
PAGE 6
A All external or internal auchts Organization shall submit a copy of the annual inde-
pendent andlt to City within ten 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 such information as requested by the City's Community Development Di-
vision including but not limited to number of persons or households assisted, race, gender, dis-
ability status and household ~ncome
D Orgamzatlon agrees to submit quarterly financial statements m 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
E An explanation of any major changes in program services
F To comply w~th flus section, Organization agrees to ma~ntmn records that will prowde
accurate, current, separate, and complete disclosure of the status of funds received and the serv-
ices performed under flus Agreement Organization's record system shall cont~un sufficient
documentation to provide in detail full support and justification for each expenditure Orgamza-
tion agrees to retam all books, records, documents, reports, and written accounting procedures
pertalmng to the services provided and expenditure of funds under flus Agreement for the period
of time and under the conditions specified by the City
G Nothing in the above subsections shall be construed to relieve Organization of respon-
slbthty for ret~unmg accurate and current records which clearly reflect the level and benefit of
services provided under this Agreement
11.
DIRECTORS' MEETINGS
Dunng the term of this Agreement, Organization shall deliver to City copies of all notices
of meetings of its Board of Directors, setting forth thc 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 Orgamzat~on's governing body shall be available to City within
ten working days of approval
PAGE 7
12.
SUSPENSION OR TERMINATION
A The C~ty may terminate this Agreement w~th cause ~f the Organization wolates any
covenants, agreements, or guarantees of th~s Agreement, the Organization's insolvency or filing
of bankruptcy, d~ssolutmn, or receivership, or the Organization's wolat~on of any law or regula-
tion to which it ~s bound under the ten'ns of th~s Agreement
B The C~ty may terminate th~s Agreement for convemence at any t~me If th~s Agreement
~s terminated for convemenee by the C~ty, Organization will be pa~d an amount not to exceed the
total amount of accrued expenditures as of the effective date of termination In no event will th~s
compensation exceed an amount wtuch bears the same ratio to the total compensation as the
serrates actually performed bears to the total serwces of Orgamzat~on covered by the Agree-
ment, less payments prewously made
In ease of suspension, C~ty shall adwse Organization, m writing, as to conditions precedent
to the resumption of funding and specify a reasonable date for comphance
In ease of termlnat~on, Orgamzat~on will remit to C~ty any unexpended C~ty funds Ac-
ceptance of these funds shall not constitute a wmver of any claim C~ty may otherwise have aris-
lng out oftbas Agreement
13
PERSONNEL POLICIES
Personnel pohe~es shall be estabhshed by Orgamzat~on and shall be available for exam~-
nat~on Such personnel pohe~es shall
A Be no more hberal than C~ty's personnel pohc~es, procedures, and practices, including
pohc~es w~th respect to employment, salary and wage rates, working hours and hohdays, fnnge
benefits, vacation and s~ek leave pnwleges, and travel, and
B Be m writing and shall be approved by the governing body of Organization and by
Cny
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Orgamzat~on will submit for C~ty approval, a written plan for comphance w~th the
Equal Employment and Affirmative Action Federal prows~ons, w~thm one hundred twenty (120)
days of the effective date oftlus Agreement
B Orgamzat~on shall comply w~th all apphcable equal employment opportunity and af-
firmative action laws or regulations
PAGE 8
C Organization wll furnish all information and reports requested by City, and will per~
mit access to its books, records, and accounts for purposes of investigation to ascertain oomph-
ante with local, State and Federal rules and regulations
D In the event of Organization's non-eomphance with the non-discrimination reqmre-
ments, the Agreement may be canceled, tenmnated, or suspended in whole or In part, and Or-
ganization may be barred fi:om further contracts with City
15
WARRANTIES
Orgamzat~on represents and warrants that
A All mformation, 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 slgmficant change w~thout written not~ce to
City
B Any supporting financial statements heretofore requested by City and furmshed to
City, are complete, accurate and fatrly reflect the financial conditions of Organization on the date
shown on sa~d report, and the results of the operation for the period covered by the report, and
that since smd data, there has been no material change, adverse or otherwise, m the financial
condition of Orgamzat~on
C No htlgation or legal proceedings are presently pending or threatened against Or-
gamzation
D None &the provisions herein contravenes or ~s ~n conflict with the authority un-
der which Orgamzat~on is dmng business or w~th the provisions of any existing mdenture or
agreement of Organization
E Orgamzatlon 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 em'rent taxes not dehnquent, except as shown in the financial statements
furnished by Orgamzatlon to City
Each of these representations and warranties shall be continuing and shall be deemed
to have been repeated by the submission o£each request for payment
PAGE 9
16
CHANGES AND AMENDMENTS
A Any alterations, addmons, or delettons to the terms of thru Agreement shall be by
written amendment executed by both parties, except when the terms of th~s Agreement expressly
provtde that another method shall be used
B Organization may not make transfers between or among approved lmeqtems
wtthm budget categories set forth in Exlublt B wtthout prior written approval of the Community
Development Admimstrator for the Ctty Orgamzat~on shall request, ~n wntmg, the budget revi-
sion tn a form prescribed by City, and such request for remston shall not ~ncrease the total
monetary obhgatlon of Ctty under flus Agreement In addtt~on, budget revlstons cannot slgmfi-
cantly change the nature, mtent, or scope of the program funded under this Agreement
C Orgamzatton will submit revised budget and program ~nfonnaUon, whenever the
level of fundmg for Organlzatton or the program(s) described heretn is altered accordtng to the
total levels contmned m any portion of Exhtbtt B
D It ts understood and agreed by the parttes hereto that changes m the State, Federal
or local laws or regulattons pursuant hereto may occur during the term of th~s Agreement Any
such modfficattons are to be automatmally ~ncorporated tnto this Agreement wtthout written
amendment hereto, and shall become a part of the Agreement on the effectave date specffied by
the law or regulation
E City may, from Ume to ttme dunng the term of the Agreement, request changes tn
Exhtbtt A winch may include an increase or decrease tn the amount of OrgantzaUon's compensa-
tion SuGh changes shall be incorporated in a written amendment hereto, as provtded in Subsec-
tion A of this Section
F Any alterataons, deletions, or adchtlons to the Contract Budget Detail tncorporated
tn Exhtblt B shall require the prior written approval of Ctty
G Orgamzatton agrees to notify C~ty of any proposed change ~n phystcal location for
work performed under tins Agreement at least 30 calendar days tn advance of the change
H Orgamzatmn shall notify City of any changes in personnel or governing board
composition
I It ts expressly understood that neither the performance of Exhtblt A for any pro-
gram contracted hereunder nor the transfer of funds between or among said programs will be
permitted
PAGE 10
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any claam, demand, suit or other acuon ~s made or brought by any per-
son(s), firm corporation or other entity against Organization, Organization shall g~ve written no-
tice thereof to C~ty within two working days after bemg not~fied of such claim, demand, stat or
other action Such not,ce shall state the date and hour of notification of any such claim, demand,
stat or other action, the names and addresses of the person(s), firm, corporation or other entity
making such elmm, or that instituted or threatened to Institute any type of action or proceeding,
the basis of such clmm, action or proeee(hng, and the name of any person(s) agmnst whom such
clam is being made or threatened Such written notice shall be delivered e~ther personally or by
marl
18
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that City ~s con-
tracting with Organization as an independent contractor and that as such, Orgamzation
shall save and hold City, ~ts officers, agents and employees harmless from all liability of any
nature or kind, including costs and expenses for, or on account of, any clmms, audit excep-
tions, demands, stats or damages of any character whatsoever resulting in whole or m part
from the performance or omission of any employee, agent or representative of Organiza-
tion.
B. Organization agrees to prowde the defense for, and to ~ndemmfy and hold
harmless C~ty its agents, employees, or contractors from any and all elmms, 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 C~ty, its agents or employees.
19
INSURANCE
A Organization shall observe sound bus~ness practices w~th respect to providing such
bonding and insurance as would prowde adequate coverage for services offered under th~s
Agreement
B The premises on and ~n which the act~wt~es described m Exhibit A are conducted, the
employees conducting these act~wtxes, shall be covered by premise habihty insurance, com-
monly referred to as "Owner/Tenant" coverage w~th C~ty named as an additional insured Upon
request of Organization, City may, at ItS sole d~scret~on, approve alternate insurance coverage
arrangements
PAGE 11
C Orgamzat~on wall comply wath apphcable workers' compensaUon statutes and wall ob-
tmn employers' habfl~ty coverage where avmlable and other appropriate hablhty coverage for
program part~capants, ~f applicable
D Orgamzataon wall mtuntmn adequate and contanuous habthty ansurance on all vebacles
owned, leased, or operated by Orgamzatlon All employees of Organ~zataon who are reqmred to
drive a vehmle ~n the normal scope and course of their employment must possess a vahd Texas
Driver's hcense and automobile habthty msurance Ewdence of the employee's current posses-
mon of a vahd hcense and msurance must be maintained on a current bas~s ~n Organization's
files
E Actual losses are not covered by insurance as reqmred by thas SecUon are not allowable
costs under tfus Agreement, and remain the sole respons~b~hty of Orgamzat~on
F The pohcy or pohc~es of insurance shall contmn a clause wbach requires that C~ty and
Organazataon be noUfied ~n writing of any cancellation or change ~n the pohcy at least 30 days
prior to such change or cancellation
2O
CONFLICT OF INTEREST
A Orgamzataon covenants that neither ~t nor any member of ats governmg body presently
has any interest, darect or mchreet, wbach would confi~ct ~n any manner or degree wath the per-
formance of servmes reqmmd to be performed under tbas Agreement Organization further
covenants that m the performance of this Agreement, no person havang such anterest shall be em-
ployed or appointed as a member of ~ts governing body
B Orgamzat~on further covenants that no member of its governing body or ~ts staff, sub-
contractors or employees shall possess any mterest ~n or use bas/her posmon for a purpose that ~s
or g~ves the appearance of being moUvated by desire for private gain for himself/herself, or oth-
ers, partacularly those wath wbach he/she has family, bus~ness, or other Ues
C No officer, member, or employee of Caty and no member of ~ts governing body who
exercises any function or respons~bthtaes m the review or approval of the undertaking or carrying
out of this Agreement shall (1) part~mpate ~n any dec~slon relating to the Agreement wbach af-
fects bas personal interest or the interest ~n any corporation, partnersbap, or assocmt~on m wbach
he has d~rect or mdarect anterest, or (2) have any interest, d~rect or andlrect, an this Agreement or
the proceeds thereof
21
NEPOTISM
Organization shall not employ ~n any prod capacity any person who ~s a member of the
lmmedmte famdy of any person who m currently employed by Organization, or as a member of
PAGE 12
Organlzatton's governing board The term "member of ~mmedlate famlly" Includes wife, hus-
band, son, daughter, mother, father, brother, sister, ~n-laws, aunt, uncle, nephew, niece,
step-parent, step-child, half-brother and half-s~ster
22.
NOTICE
Any notice or other written mstmment required or permitted to be delivered under the
terms of ttus Agreement shall be deemed to have been dehvered, whether actually received or
not, when deposited in the United States mml, postage prepa,d, registered or certified, return re-
ceipt requested, addressed to Organization or City, as the case may be, at the following ad-
dresses
CITY ORGANIZATION
City of Denton, Texas Director
Attn City Manager Denton Co Friends of the Family
215 E McKlnney P O Box 640
Denton, TX 76201 Denton, Texas 76202
Either party may change its mmlmg address by sending notice of change of address to the
other at the above address by certified mml, return receipt requested
23.
MISCELLANEOUS
A Organization shall not transfer, pledge or otherwise assign th~s Agreement or any
~nterest therem, or any clmm arising thereunder to any party or parties, bank, trust company or
other financial mstltutlon without the prior written approval of City
B If any prows~on of this Agreement is held to be invalid, illegal, or unenfomeable,
the remmmng provisions shall remmn in full force and effect and continue to conform to the
ongmal intent of both parties hereto
C In no event shall any payment to Organization hereunder, or any other act or fail-
ure of City to resist in any one or more instances upon the terms and conditions of this Agree-
ment constitute or be construed m any way to be a wmver by City of any breach of covenant or
default whmh may then or subsequently be committed by Organization Neither shall such pay-
ment, act, or omission m any manner impair or prejudice any right, power, pnvdege, or remedy
available to City to enforce its rights hereunder, which rights, powers, privileges, or remethes are
always specifically preserved No representative or agent of City may wmve the effect of this
provision
PAGE 13
D This Agreement, together with referenced exhibits and attachments, constitutes
the entire agreement between the part,es hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occumng dunng the term of th~s Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed ~n wnUng, and ff ap-
propriate, recorded as an amendment ofth~s Agreement
E In the event any d~sagreement or d~spute should arise between the part,es hereto
pertaining to the interpretation or meamng of any part of this Agreement or ~ts govermng rules,
codes, laws, ordinances, or regulations, C~ty as the party ulUmately responsible to HUD for mat-
ters of comphance, w~ll have the final authority to render or to secure an ~nterpretat~on
F Th~s Agreement shall be interpreted ~n accordance w~th the laws of the State of
Texas and venue of any ht~gatlon concemmg th~s Agreement shall be ~n a court of competent
jur~sdmtmn s~tt~ng ~n Denton County, Texas
IN WITNESS WH~EI~OF, the parties do hereby affix their s~gnatures and enter ~nto thru
Agreementasofther--~/~ dayof ~~-) ,1999
CITY OF DENTON, TEXAS
By- __
JACK ~J2ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
\
APPR~ED AS TO LEGAL FORM
HERBERT L PROUTY, CY iy ATTO ~R~IEY
PAGE 14
DENTON COUNTY FRIENDS
OF THE FAMILY, INC
EXE~UTIV~ D'~LE~TOR
ATTEST
City of Denton - Community Development Division
Qualifying Income Limits for Federally Assisted Programs
FY 1999-2000
Maximum Income Levels
Extremely Low In-
Fam- Moderate In- Low Income Very Low Income come
fly come 65% - 51% AMI 50% - 31% AMI
Size 80% - 66% AMI 30% & Below AMI
1 $32,600 - $26,501 $26,500 - $20,351 $20,350 - $12,201 $12,200 or Below
2 $37,250 - $30,251 $30,250 - $23,301 $23,300 - $13,951 $13,950 or Below
3 $41,900 - $34,051 $34,050 - $26,201 $26,200 - $15,701 $15,700 or Below
4 $46,550 - $37,851 $37,850 - $29,101 $29,100 - $17,451 $17,450 or Below
5 $50,300 - $40,851 $40,850 - $31,451 $31,450 - $18,851 $18,850 or Below
6 $54,000 - $43,901 $43,900 - $33,751 $33,750 - $20,251 $20,250 or Below
7 $57,750 - $46,901 $46,900 - $36,101 $36,100 - $21,651 $21,650 or Below
8 $61,450 - $49,951 $49,950 - $38,401 $38,400 - $23,051 $23,050 or Below
Source U S Department of Housing and Urban Development
Effective October 1 ~ 1999
EXHIBIT "A"
WORK STATEMENT
Denton County Friends of the Family, Inc will provide a full realm of serwces to victims of
family violence and sexual assault
The services provided free of charge to wet,ms will include a 24-hour, 7 day a week hothne, an
emergency shelter for women and their children who are in danger due to family wolence, chfl-
drews programs m the shelter and outreach offices, ~nd~wdual program and group counseling for
wctams, a sexual assault recovery program which includes rape crisis mtervent~on 24-hours a
day, accompamment and advocacy throughout the legal system, homemaker services for referred
CPS eases, and parentmg education
In addition to the above services provided for victims, individual and group therapy is provided
for family violence offenders based on a sliding fee scale
EXHIBIT "B"
BUDGET
Employee Salaries $40,000 00
(Direct Care Only)
Monthly Request $ 3,333 33