Loading...
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