1998-338AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION
PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING FOR AN EFFECTIVE DATE (BID # 2226 - DOMESTIC VIOLENCE, SEXUAL
ASSAULT, CRISIS INTERVENTION & PREVENTION PROGRAM AWARDED TO DENTON
COUNTY FRIENDS OF THE FAMILY, 1NC IN THE AMOUNT OF $40,000 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, eqmpment, supplies or sermces m 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 bids are the lowest responsible bids for the materials, eqmpment, supplies
or services as shown in the "B~d Proposals" submitted therefore, and
WHEREAS, the City Cotmcd has provided m the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competmve 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 b~d number assigned hereto, are hereby accepted and approved as being the lowest
responsible b~ds for such items
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2226 ALL DENTON COUNTY FRIENDS $40,000 00
OF THE FAMILY, INC.
SECTION II That the acceptance and approval of the above competitive bids, the City
accepts the offer of the persons submitting the bids for such ~tems and agrees to purchase the
materials, equipment, supphes or services in accordance with the terms, specifications, standards,
quantities and for the specified sums contmned m the Bid Invitations, Bid Proposals, and related
documents
SECTION III That the C~ty and persons submitting approved and accepted items and of the
submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval,
and awarding of the b~ds, the C~ty Manager or hm designated representative ~s hereby anthonzed to
execute the written contracts which shall be attached hereto, provided that the written contract is ~n
accordance with the terms, conditions, specifications, standards, quantities and specffied sums
contmned m the B~d Proposal and related documents here~n approved and accepted
SECTION IV That by the acceptance and approval of the above competitive b~ds, the C~ty
Council hereby authonzes the expenditure of funds therefor in the amount and in accordance with
the approved b~ds or pursuant to a written contract made pursuant thereto as authorized here~n
SECTION V That this orthnance shall become effective lmmechately upon ~ts passage and
approval
PASSED AND APPROVED th~s the ~7~ff~l'zd day of ~)~//~/ .1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
2226 DOMESTIC VIOLENCE, SEXUAL CONTRACT ORDINANCE
1998 - 1999 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON COUNTY FRIENDS OF THE FAMILY, INC
(BID # 2226)
This Agreement ~s hereby entered into by and between the C~ty of Denton, Texas,
a Home Rule Mumclpal Corporation, hereinafter referred to as "C~ty", and Denton
County Friends of the Family, Inc, a non-profit corporabon, P O Box ~ Denton,
Texas 76202, hereinafter referred to as "Organization",
WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal
for services and has determined that Orgamzabon performs an important service for the
residents of Denton w~thout regard to race, rehg~on, color, age or national ong~n, and
HSC recommends the purchase of services, and
WHEREAS, City has determined that the proposal for services merits assistance
and can provide needed services to c~t~zens of C~ty and has provided funds ~n its
budget for the purpose of paying for contractual services,
NOW, THEREFORE, the part~es hereto mutually agree as follows
I
SCOPE OF SERVICES
Orgamzat~on shall in a satisfactory and proper mannj~r perform the following tasks,
for which the momes provided by City may be used
A Provide emergency res~denbal shelter to women and their children, who are
v~cbms of domesbc v~olence
B Prowde counsehng, on both a residential and non-residential basis, to family
members, to assist them ~n deahng w~th the emotional and physical trauma of domesbc
violence
C Provide counsehng services to wcbms of rape and their families
D Prowde commumty educabon servmes concermng rape and domestic wolence
Organization shall perform those services descnbed ~n the Work Statement here~n
attached, as Exhibit A
II
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organ~zabon agrees to the
~M~ael Bucek - DCFOF~,2226~) doc ~ge~l
following terms and conditions
A Forty Thousand Dollars(S40,000) may be pa~d to Orgamzat~on by C~ty, and
the only expenditures reimbursed from these funds, shall be those ~n accordance w~th
the project budget, attached hereto as Exhibit B and incorporated here~n by reference,
for those expenses hsted ~n the scope of servmes as prowded here~n Orgamzat~on
shall not ubhze these funds for any other purpose
B It wdl estabhsh, operate, and maintain an account system for th~s program that
wdl allow for a tracing of funds and a rewew of the financial status of the program
C It wdl permit authorized officials of City to rewew ~ts books at any t~me
D It wdl reduce to writing all of ~ts rules, regulations, and pohc~es 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 wdl not enter ~nto any contracts that would encumber C~ty funds for a period
that would extend beyond the term of th~s Agreement
F It wdl promptly pay all bdls when submitted unless there ~s a d~screpancy ~n a
bdl, any errors or d~screpanc~es m bdls shall be promptly reported to C~ty's Executive
Director of Finance, or her authorized representative, for further d~rect~on
G It wdl appoint a representatwe who wdl be avadable to meet w~th C~ty's
Executive Director of F~nance and other C~ty officials when requested
H It wdl indemmfy and hold harmless City from any and all claims and stats
ans~ng out of the act~wbes of Orgamzat~on, ~ts employees, and/or contractors
It wdl submit to C~ty cop~es of year-end audited financial statements
III
TIME OF PERFORMANCE
The serv,ces funded by C~ty shall be undertaken and completed by Orgamzatlon
w~th~n the following t~me frame
October 1, 1998 through September 30, 1999, unless the contract ~s sooner
terminated under Section VII "Suspension or Termination"
IV
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A CONTRACTOR understands that funds prowded to ~t pursuant to th~s
PAGE 2
Agreement are funds which have been made available to CITY by the Federal
Government (U S Department of Housing and Urban Development) under the Housing
and Commumty Development Act of 1974, as amended, ~n accordance w~th an
approved Grant Apphcat~on and specific assurances Accordingly, CONTRACTOR
assures and certifies that ~t w~ll comply w~th the requirements of the Housing and
Commur~ty Development Act of 1974 (P L 93-383) as amended and w~th regulations
promulgated thereunder, and codified at 24 CFR 570 The foregoing is in no way meant
to constll;ute a complete compilation of all duties imposed upon CONTRACTOR by law
or administrative ruhng, or to narrow the standards which CONTRACTOR must follow
CONTRACTOR further accrues and cert#~es that if the regulations and
~ssuances promulgated pursuant to the Act are amended or revised, it shall comply with
them, or not~fy CITY, as prowded ~n Section XXIV of th~s Agreement
CONTRACTOR agrees to ab~de by the conditions of and comply with the
requirements of the Off~ce of Management and Budget C~rculars Nos A-110 and A-122
B CONTRACTOR shall comply w~th all apphcable federal laws, laws of the
State of Texas and ordinances of the City of Denton
V
REPRESENTATIONS
A CONTRACTOR assures and guarantees that ~t possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or
taken, to enter into th~s Agreement
B The person or persons slgmng and executing th~s Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully
authorized by CONTRACTOR to execute th~s Agreement on behalf of CONTRACTOR
and to vahdly and legally brad CONTRACTOR to all terms, performances and
prows~ons here~n set forth
C CITY shall have the nght, at ~ts option, to either temporanly suspend or
permanently terminate th~s Agreement ~f there ~s a d~spute as to the legal authority of
either CONTRACTOR or the person s~gn~ng the Agreement to enter into this
Agreement CONTRACTOR ~s hable to CITY for any money it has received from CITY
for performance of the prows~ons of th~s Agreement ~f CITY has suspended or
terminated this Agreement for the reasons enumerated ~n th~s Secbon
D CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of th~s Agreement w~ll ~n no way be substituted for
funds and resources from other sources, nor In any way serve to reduce the resources,
serv~ces~ or other benefits which would have been available to, or provided through,
CONTRACTOR had th~s Agreement not been executed
PAGE 3
I~hae! Bucek - DCFOF~226~) doc ~Page 4~
VI
COVENANTS
A Dunng the period of brae that payment may be made hereunder and so long
as any payments remain unhqu~dated, CONTRACTOR shall not, w~thout the prior
written consent of the Commumty Development Adm~mstrator or her authonzed
representatwe
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered,
any of the assets of CONTRACTOR now owned or hereafter acquired by ~t, or
permit any pre-ex~sbng mortgages, hens, or other encumbrances to remain on, or
attached to, any assets of CONTRACTOR which are allocated to the
performance of th~s Agreement and w~th respect to which CITY has ownership
hereunder
(2) Sell, assign, pledge, transfer or otherwise d~spose of accounts
receivables, notes or claims for money due or to become due
(3) Sell, convey, or lease all or substanbal part of ~ts assets
(4) Make any advance or loan to, or incur any habd~ty for any other firm,
person, entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or ~tem of: personal
property purchased w~th funds pa~d to CONTRACTOR by CITY, unless CITY
authorizes such transfer
B Should CONTRACTOR use funds received under this Agreement to acquire
or ~mprove real property under CONTRACTOR's control, CONTRACTOR agrees and
covenants
(1) That the property shall be used to meet one of: the national object,yes
stated ~n 24 CFR 570 untd August 31,2006
(2) That should CONTRACTOR transfer or otherwise d~spose of sa~d
property on or before August 31, 2006, CONTRACTOR shall reimburse CITY ~n
the amount of the fair market value of th~s property less any port~on of the value
attnbutable to expenditures of non-CDBG funds for acqu~s~bon of, or
~mprovement to, the property
C CONTRACTOR agrees, upon wntten request by CITY, to require ~ts
employees to attend training sessions sponsored by the Commumty Development
Office
PAGE 4
VII
PAYMENTS
A Payments to Orgamzat~on City shall pay to Orgamzatlon a maximum amount
of money not to exceed Fody Thousand Dollars ($40,000) for services rendered under
th~s Agreement City wdl pay these funds on a reimbursement bas~s to Orgamzabon
within twenty days after C~ty has received supporbng documentation Orgamzabon's
fadure to request reimbursement on a t~mely bas~s, may jeopardize present or future
funding
B Excess Payment Orgamzat~on shall refund to C~ty w~th~n ten (10) working
days of C~ty's request, any sum of money which has been pa~d by C~ty and which C~ty
at any t~me thereafter determines
1) has resulted in overpayment to Orgamzabon, or
2) has not been spent strictly ~n accordance w~th the terms of th~s Agreement,
or
3) ~s not supported by adequate documentation to fully justify the expenditure
C Orgamzat~on's reimbursement request for any one month penod w~ll not
exceed one-fifth (1/5) of any budgeted line ~tems for costs as specified ~n Exhibit B
D Deobhgabon of Funds In the event that actual expenditures deviate from
Organization's provision of a corresponding level of performance, as specified ~n Exhibit
A, City ,hereby reserves the nght to reappropnate or recapture any such under
expended funds
E Contract Close Out Organ~zabon shall submit the contract close out package
to C~ty, together with a final expenditure report, for the time penod covered by the last
~nvo~ce requesbng reimbursement of funds under th~s Agreement, w~th~n fifteen (15)
working days following the close of the contract period Orgamzabon shall ut~hze the
form agreed upon by City and Orgamzat~on
VIII
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to maintain records that wdl prowde accurate, current,
separate, and complete d~sclosure of the status of the funds received under th~s
Agreement, m comphance w~th the prowslons of Exhibit B, attached hereto, and w~th
any other apphcable Federal and State regulations estabhsh~ng standards for financial
management CONTRACTOR's record system shall contain sufficient documentabon to
PAGE 5
prowde ~n detad full support and justification for each expenditure Nothing ~n th~s
Section shall be construed to relieve CONTRACTOR of fiscal accountabd~ty and I~ab~hty
under any other provision of th~s Agreement or any apphcable law CONTRACTOR
shall ~nclude the substance of th~s prows~on ~n all subcontracts
B CONTRACTOR agrees to retain all books, records, documents, reports, and
wntten accounting procedures perta~mng to the operation of programs and expenditures
of funds under this Agreement for the penod of t~me and under the conditions specified
by CITY
C Nothing In the above subsections shall be construed to relieve
CONTRACTOR of respons~bdlty for retalmng accurate and current records which clearly
reflect the level and benefit of services prowded under th~s Agreement
D At any reasonable t~me and as often as CITY may deem necessary, the
CONTRACTOR shall make available to CITY, HUD, or any of their authorized
representatives, all of ~ts records and shall permit CITY, HUD, or any of their authonzed
representatives to audit, examine, make excerpts and cop~es of such records, and to
conduct audits of all contracts, ~nvo~ces, materials, payrolls, records of personnel,
conditions or employment and all other data requested by sa~d representatives
IX
REPORTS AND INFORMATION
At such times and ~n such form as CITY may require, CONTRACTOR shall
furmsh such statements, records, data and ~nformatlon as CITY may request and deem
pertinent to matters covered by th~s Agreement
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY
no less than once each three months The beneficiary report shall detad client
~nformatlon, includ~ng race, ~ncome, female head of household and other statistics
required ~by CITY The financial report shall include ~nformat~on and data relative to all
programmatic and financial reporting as of the beg~nmng date specified In Section I of
th~s Agreement
Unless a written exemption has been granted by the CITY, CONTRACTOR shall
submit an audit conducted by independent examiners with ten (10) days after receipt of
such
V
EVALUATION
Orgamzatlon agrees to participate ~n an ~mplementatlon and maintenance system
whereby the services can be continuously momtored Orgamzat~on agrees to make
avadable ~ts financial records for rewew by C~ty at C~ty's d~scret~on In addition,
PAGE 6
Organization agrees to prowde City the following data and reports, or cop~es thereof
A All external or ~nternal audits Orgamzabon shall submit a copy of the annual
~ndependent audit to City within ten (10) days of receipt
B All external or ~nternal evaluation reports
C C Quarterly performance/beneficiary reports to be submitted ~n January, April,
July and September, to include such ~nformat~on as requested by the City's Commumty
Development Diwmon including but not hm~ted to number of persons or households
assisted, race, gender, d~sab~hty status and household ~ncome
D Orgamzabon agrees to submit quarterly financial statements ~n January, Apnl,
July, and September Each statement shall ~nclude current and year-to-date penod
accounting of all revenues, expenditures, outstanding obhgabons and beg~nmng and
ending balances
E An explanabon of any major changes ~n program services
F To comply with th~s secbon, Organlzabon agrees to maintain records that w~ll
provide accurate, current, separate, and complete disclosure of the status of funds
received and the services performed under this Agreement Orgamzabon's record
system shall contain sufficient documentabon to prowde ~n detail full support and
justification for each expenditure Organlzabon agrees to retain all books, records,
documents, reports, and written accounting procedures perta~mng to the services
provided and expenditure of funds under th~s Agreement for the penod of time and
under the cond~bons specified by the C~ty
G Nothing ~n the above subsections shall be construed to relieve Orgamzabon of
responmbihty for retalmng accurate and current records which clearly reflect the level
and benefit of services provided under th~s Agreement
XI
DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall dehver to C~ty cop~es of all
nobces of meebngs of ~ts Board of Directors, setting forth the time and place thereof
Such not~ce shall be delivered to City ~n a bmely manner to g~ve adequate notme, and
shall include an agenda and a brief descrlptmn of the matters to be discussed
Orgamzatlon understands and agrees that City's representabves shall be afforded
access to all meetings of Its Board of D~rectors
Minutes of all meetings of Orgamzatlon's governing body shall be available to C~ty
within ten (10) working days of approval
PAGE 7
Xll
SUSPENSION OR TERMINATION
A The C~ty may terminate this Agreement w~th cause ~f the Orgamzabon wolates
any covenants, agreements, or guarantees of th~s Agreement, the Organlzabon's
~nsolvency or flhng of bankruptcy, d~ssolut~on, or receivership, or the Orgamzatlon's
wolabon of any law or regulabon to which ~t ~s bound under the terms of th~s Agreement
B The C~ty may terminate th~s Agreement for convemence at any bme If th~s
Agreement is terminated for convemence by the C~ty, Orgamzat~on wdl be paid an
amount not to exceed the total amount of accrued expenditures as of the effecbve date
of termination In no event will th~s compensation exceed an amount which bears the
same rabo to the total compensation as the services actually performed bears to the
total serwces of Orgamzat~on covered by the Agreement, less payments prewously
made
In case of suspension, C~ty shall adwse Orgamzabon, in wnt~ng, as to cond~bons
precedent to the resumption of funding and specify a reasonable date for comphance
In case of termination, Orgamzatlon wdl remit to C~ty any unexpended City funds
Acceptance of these funds shall not consbtute a waiver of any claim C~ty may otherwise
have arising out of th~s Agreement
XIII
PERSONNEL POLICIES
Personnel pohc~es shall be estabhshed by CONTRACTOR and shall be available
for examlnabon Such personnel pohcles shall
A Be no more hberal than CITY's personnel pohcles, procedures, and pracbces,
~nclud~ng pohcms w~th respect to employment, salary and wage rates, working hours
and hohdays, fnnge benefits, vacation and s~ck leave pnvdeges, and travel, and
B Be ~n wnbng and shall be approved by the govermng body of CONTRACTOR
and by CITY
XIV
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Orgamzabon wdl submit for C~ty approval, a wntten plan for compliance w~th
the Equal Employment and Affirmabve Action Federal provisions, w~th~n one hundred
twenty (120) days of the effecbve date of th~s Agreement
B Orgamzabon shall comply w~th all apphcable equal employment opportumty
and affirmative action laws or regulations
PAGE 8
~h~a~e~l 'Buc~k'- 'D(~F~i~) (~0~ Pa_ge 9~
C Orgamzat~on w~ll furmsh all information and reports requested by City, and w~ll
permit access to ~ts books, records, and accounts for purposes of ~nvest~gat~on to
ascertain comphance w~th local, State and Federal rules and regulations
D In the event of Orgamzat~on's non-comphance w~th the non-discrimination
requirements, the Agreement may be canceled, terminated, or suspended ~n whole or
~n part, and Orgamzat~on may be barred from further contracts w~th C~ty
XV
WARRANTIES
ORGANIZATION represents and warrants that
A All information, reports and data heretofore or hereafter requested by C~ty
and furmshed to C~ty, are complete and accurate as of the date shown on the
~nformat~on, data, or report, and, s~nce that date, have not undergone any s~gmf~cant
change w~thout written not~ce to C~ty
B Any supporting financial statements heretofore requested by C~ty and
furmshed to C~ty, are complete, accurate and fairly reflect the financial conditions of
Orgamzat~on on the date shown on sa~d report, and the results of the operation for the
penod covered by the report, and that since sa~d data, there has been no matenal
change, adverse or otherwise, in the financial condition of Orgamzat~on
C No ht~gat~on or legal proceedings are presently pending or threatened
against Orgamzat~on
D None of the provisions hereto contravenes or ~s ~n conflict w~th the
authority under which Orgamzat~on ~s doing bus~ness or w~th the prows~ons of any
ex~st~ng ~ndenture or agreement of Orgamzat~on
E Organ~zat,on has the power to enter ~nto th~s Agreement and accept
payments hereunder, and has taken all necessary action to authonze such acceptance
under the terms and conditions of th~s Agreement
F None of the assets of Orgamzat~on are subject to any hen or
encumbrance of any character, except for current taxes not dehnquent, except as
shown ~n the financial statements furmshed by Orgamzat~on to C~ty
Each of these representabons and warrant~es shall be continuing and shall be
deemed to have been repeated by the submission of each request for payment
XVl.
CHANGES AND AMENDMENTS
PAGE 9
~M~chael Bucek - DCFO~2226) doc ~ Page 101
A Any alterations, additions, or deletions to the terms of th~s Agreement
shall be by written amendment executed by both part~es, 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 hne-
~tems w~thm budget categones set forth ~n Exhibit B w~thout pnor written approval of the
Community Development Adm~mstrator for the C~ty Organ~zabon shall request, In
wnbng, the budget rews~on ~n a form prescribed by C~ty, and such request for rews~on
shall not, increase the total monetary obhgat~on of C~ty under th~s Agreement In
add~bon, budget rews~ons cannot s~gn~ficantly change the nature, ~ntent, or scope of the
program funded under th~s Agreement
C Organ~zabon w~ll submit rewsed budget and program ~nformat~on,
whenever the level of funding for Organlzabon or the program(s) descnbed herein ~s
altered according to the total levels contained ~n any porbon of Exhibit B
D It ~s understood and agreed by the part~es hereto that changes ~n the
State, Federal or local laws or regulations pursuant hereto may occur dunng the term of
th~s Agreement Any such modifications are to be automabcally ~ncorporeted ~nto th~s
Agreement w~thout wntten amendment hereto, and shall become a part of the
Agreement on the effective date specified by the law or regulation
E C~ty may, from t~me to brae dunng the term of the Agreement, request
changes ~n Exhibit A which may ~nclude an increase or decrease in the amount of
Orgamzat~on's compensation Such changes shall be ~ncorporated m a written
amendment hereto, as provided ~n Subsection A of th~s Secbon
F Any alterations, deletions, or add~bons to the Contract Budget Detail
incorporated In Exhibit B shall require the pnor wntten approval of C~ty
G Orgamzat~on agrees to not~fy C~ty of any proposed change ~n physical
location for work performed under this Agreement at least thirty (30) calendar days ~n
advance ,of the change
H Organization shall notify City of any changes m personnel or governing
board compos~bon
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 sa~d
programs w~ll be permitted
XVll
NOTIFICATION OF ACTION BROUGHT
PAGE 10
In the event that any claim, demand, suit or other action ~s made or brought by
any person(s), firm corporabon or other entity against CONTRACTOR, CONTRACTOR
shall g~ve written notice thereof to CITY within two (2) working days after being nobfied
of such claim, demand, su~t or other acbon Such notice shall state the date and hour of
nobflcatlon of any such claim, demand, su~t or other action, the names and addresses
of the person(s), firm, corporabon or other entity making such claim, or that ~nsbtuted or
threatened to inst~tute any type of action or proceeding, the bas~s of such claim, action
or proceeding, and the name of any person(s) against whom such claim ~s being made
or threatened Such written not~ce shall be delivered e~ther personally or by ma~l
XVlII.
INDEMNIFICATION
A It rs 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
XIX
INSURANCE
A Organization shall observe sound bus~ness practices w~th respect to providing
such bonding and ~nsurance as would provide adequate coverage for services offered
under th~s Agreement
B The premises on and in which the acbwt~es described ~n Exhibit A are
conducted, the employees conducting these acbwt~es, shall be covered by premise
I~ab~hty insurance, commonly referred to as "Owner/Tenant" coverage w~th C~ty named
as an additional ~nsured Upon request of Organization, C~ty may, at ~ts sole d~screbon,
approve alternate ~nsurance coverage arrangements
C Orgamzatlon will comply w~th apphcable workers' compensabon statutes and
will obtain employers' hablhty coverage where available and other appropriate llablhty
coverage for program participants, if applicable
PAGE 11
.......................................... Michael Bucek - DCFOF(222~) doc Page~2~
D Organlzabon wdl maintain adequate and continuous habdlty insurance on all
vehicles owned, leased, or operated by Organization All employees of Orgamzatlon
who are raqulrad to dnve a vehicle ~n the normal scope and course of their employment
must possess a valid Texas Driver's hcense and automobde habd~ty ~nsurance
Ewdence of the employee's currant possession of a vahd hcense and ~nsurance must
be maintained on a current bas~s ~n Orgamzat~on's files
E Actual losses ara not covered by insurance as required by this Section are not
allowable costs under th~s Agreement, and remain the sole respons~blhty of
Orgamzat~on
F The pohcy or pohc~es of ~nsurance shall contain a clause which requires that
City and Organization be notified ~n writing of any cancellation or change in the pohcy at
least thirty (30) days prior to such change or cancellation
XX
CONFLICT OF INTEREST
A Orgamzatlon covenants that neither it nor any member of its governing body
presently has any interest, direct or md~ract, which would conflict ~n any manner or
degree w~th the performance of services required to be performed under this
Agreement Orgamzat~on further covenants that in the performance of th~s Agreement,
no person having such ~nterest shall be employed or appointed as a member of ~ts
govermng body
B Orgamzat~on further covenants that no member of ~ts govermng body or ~ts
staff, subcontractors or employees shall possess any interest in or use h~s/her position
for a purpose that ~s or g~ves the appearance of being motwated by desire for private
gain for himself/herself, or others, particularly those with which he/she has famdy,
bus~ness, or other t~es
C No officer, member, or employee of C~ty and no member of its govermng body
who exercises any function or responslb~ht~es m the review or approval of the
undertaking or carrying out of this Agreement shall (1) participate in any dec,sion
relating to the Agreement which affects h~s personal interest or the ~nterest ~n any
corporation, partnership, or association ~n which he has direct or indirect interest, or (2)
have any ~nterest, d~ract or indlract, ~n th~s Agreement or the proceeds thereof
XXl
NEPOTISM
Orgamzat~on shall not employ m any pa~d capacity any person who ~s a member of
the ~mmedlate family of any person who is currently employed by Organization, or Is a
member of Orgamzat~on's govermng board The term "member of immed~ate famdy"
PAGE 12
I ~lchael Bucek - DCFOI~(~226~) doc Pag~!~]
~ncludes w~fe, husband, son, daughter, mother, father, brother, sister, ~n-laws, aunt,
uncle, nephew, n~ece, step-parent, step-chdd, half-brother and half-s~ster
XXll
NOTICE
Any not,ce or other wntten ~nstrument reqmred or permitted to be dehvered under
the terms of th~s Agreement shall be deemed to have been delivered, whether actually
received or not, when deposited ~n the Umted States mall, postage prepaid, registered
or certified, return receipt requested, addressed to Organ~zabon or C~ty, as the case
may be, at the following addresses
CITY ORGANIZATION
C~ty of Denton, Texas D~rector
Attn C~ty Manager Denton County Friends of the
Family Inc
215 E McKmney P O Box 640
Denton, TX 76201 Denton, Texas 76202
E~ther party may change ~ts reading address by sending notice of change of
address to the other at the above address by certified ma~l, return receipt requested
XXlll
MISCELLANEOUS
A Organization shall not transfer, pledge or otherwise assign th~s Agreement
or any ~nterest there~n, or any claim arising thereunder to any party or part~es, bank,
trust company or other financial ~nsbtubon w~thout the prior written approval of C~ty
B If any provision of th~s Agreement ~s held to be ~nvahd, dlegal, or
unenforceable, the remaining prows~ons shall remain ~n full force and effect and
conbnue to conform to the ong~nal intent of both part~es hereto
C In no event shall any payment to Orgamzat~on hereunder, or any other act
or failure of C~ty to resist ~n any one or more ~nstances upon the terms and cond~bons of
th~s Agreement consbtute or be construed m any way to be a waiver by C~ty of any
breach of covenant or default which may then or subsequently be committed by
Orgamzaflon Neither shall such payment, act, or omission m any manner impair or
prejudice any right, power, pnwlege, or remedy avadable to C~ty to enforce ~ts rights
hereunder, which nghts, powers, pnwleges, or remedies are always specifically
preserved No representative or agent of City may waive the effect of th~s provision
D Th~s Agreement, together w~th referenced exhibits and attachments,
PAGE 13
constitutes the entire agreement between the parbes hereto, and any prior agreement,
assertion, statement, understanding, or other commitment occurnng dunng the term of
this Agreement, or subsequent thereto, have any legal force or effect whatsoever,
unless properly executed ~n wnbng, and ~f appropriate, recorded as an amendment of
this Agreement
E In the event any disagreement or dispute should arise between the parbes
hereto pertaining to the interpretation or meamng of any part of th~s Agreement or its
governing rules, codes, laws, ordinances, or regulabons, C~ty as the party ultimately
responsible to HUD for matters of compliance, will have the final authonty to render or
to secure an ~nterpretabon
F Th~s Agreement shall be ~nterpreted in accordance w~th the laws of the State of
Texas and venue of any hbgat~on concermng th~s Agreement shall be m a court of
competent junsdlct~on sitting ~n Denton County, Texas
IN WITNESS WHEREOF, th~ part~es d.q~h/?..e~b~affix their signatures and enter
~nto this Agreement as of the ,~0- day of (.,~'70/;~_./, 1998
CITY OF DENTON, TEXAS
BY ~~O~.~ o
JA~____~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
~'~,chael Bucek - DC?OF/222§.) doc I~ge ~5_1
DENTON COUNTY FRIENDS OF THE
FAMILY INC
DIRC~CTOR ~
ATTEST
SECRETARY
City of Denton - Community Development Division
Qualifying Income Limits for Federally Assisted Programs
FY 1998-99
Maximum Income Levels
Family Moderate Income Low Income Very Low Income Extremely Low Income
S~ze 80% - 66% AMI 65% - 51% AMI 50% - 31% AMI 30% & Below AMI
1 $30,450 - $24,751$24,750 - $19,051$19,050 - $11,401 $11,400 or Below
2 $34,800 - $28,301$28,300- $21,751 $21,750 - $13,051 $13,050 or Below
3 $39,150 - $31,851$31,850 - $24,501$24,500 - $14,701 $14,700 or Below
4 $43,500 - $35,351$35,350 - $27,201$27,200- $16,301 $16,300 or Below
5 $47,000 - $38,201$38,200 - $29,401$29,400 - $17,651 $17,650 or Below
6 $50,500 - $41,001$41,000 - $31,551$31,550 - $18,951 $18,950 or Below
7 $53,950 - $43,901$43,900 - $33,751$33,750 - $20,251 $20,250 or Below
8 $57,450- $46,651 $46,650 - $35,901$35,900 - $21,551 $21,550 or Below
Source U S Department of Housing and Urban Development
Effecbve October 1, 1998
....................... Michael Bucek - DCFO ~F~2226) doc ~ ....... Pa~17~
EXHIBIT "A"
WORK STATEMENT
DENTON COUNTY FRIENDS OF THE FAMILY
Denton County Friends of the Family, Inc Provides a full realm of servmes to wctuns of family
violence and sexual assault The services provided free of charge to victims 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, children's programs In the shelter and outreach offices, indlwdual program and
group counseling for victims, a sexual assault recovery program which includes rape crisis
intervention 24-hours a day, accompaniment and advocacy throughout the legal system,
homemaker services for referred CPS eases, and parenting education In addmon to the above
services provided for victims, individual and group therapy is provided for family wolence
offenders based on a shdmg fee scale
M~ch~ae! Bucek - DCFOF~2 ~ Page
EXHIBIT "B"
BUDGET
DENTON COUNTY FRIENDS OF THE FAMILY
City of Denton $40,000 00
Monthly Request $ 3,333 33
Monthly Expenses
D~rector Family Violence $ 833 33
Director of Sexual Assault $ 416 67
D~rector of Chddren & Adolescent Servmes $ 41667
Shelter Director $ 833 33
Shelter Family Vmlence Counselor $ 416 67
Shelter Chddren's Counselor $ 416 66