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1997-133 ORDINANCE NO .q q'/3,~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CHILD ABUSE PREVENTION SERVICES WITH THE CHILDREN'S TRUST FUND AND WITH THE DENTON FAMILY RESOURCE CENTER, INC, AS A SUBCONTRAC- TOR, TO PROVIDE A FAMILY RESOURCE CENTER AND TO MAKE APPLICATION TO THE CHILDREN'S TRUST FUND OF TEXAS TO OBTAIN A GRANT FOR A FAMILY RESOURCE CENTER, RATIFYING THE ACTIONS OF THE CITY MANAGER, CITY AT- TORNEY, AND OTHER OFFICIALS OF THE CITY IN REGARD TO THIS GRANT AP- PLICATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, with the passage of Resolution No R97-008 on the 18th day of February, 1997, the C~ty Manager was authorized to negotmte a contract w~th the Chddren's Trust Fund of Texas, hereinafter referred to as CTF, to estabhsh a Family Resource Center, and WHEREAS, the C~ty Council desires to authorize the City Manager to submit an apph- cation to the CTF, seeking funding for the Family Resource Center, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to make a grant apphcat~on to the CTF to seek funding to establish a Family Resource Center, to execute the grant apphcat~on, to make all certfficat~ons, and to execute the contract for child abuse prevention services w~th CTF in substantially the form attached to th~s or&nance, and to execute all other contracts and other documents necessary to obtmn financing for the Family Resource Center from CTF The City Attorney ~s further authorized to make such certfficatlons as necessary SECTION II That the City Manager ~s hereby authorized to enter ~nto a contract w~th the Denton Family Resource Center, Inc, as a subcontractor under the contract with CTF, to provide a Family Resource Center in substantially the form attached to th~s ordinance The C~ty Manager is further authorized to make the expenditures set forth ~n both the contract w~th CTF and the contract w~th Denton Family Resource Center, Inc SECTION III That all actions of the C~ty Manager and the C~ty Attorney ~n executing various documents and certifications w~th regard to smd grant apphcatlon are hereby approved and ratified SECTION IV That the City Council has found and determined that the meeting at which this ordinance is considered is open to the pubhc and that notice thereof was given ~n accordance w~th the provisions of the Texas Open Meetings Act, Tex Gov't Code ch 551, as amended SECTION V That this ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED thls the 3'f~ dayof .~Lt_~ , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY e \wpdocs\ord\ct f ordlnano¢ Page 2 STATE OF TEXAS § Forra 1000 COUNTY OF TRAVIS § Augast 1996 Children's Trust Fund CONTRACT FOR CHILD ABUSE PREVENTION SERVICES Children's Trust Fund of Texas Council Contract No 355-04-7-0052 The Chddren's Trust Fund of Texas Council, hereinafter mferrad to as CTF, and the C~ty of Denton, a Texas munic~pal corporation, hereinafter referred to as the Contractor, do hereby make and enter ~nto this agreement, which consbtutes the enhre agreement between CTF and the Contractor under the contract number referenced above I CTF ~s the State of Texas agency responsible for adm~mstenng pmgrems to prevent child abuse and neglect m Texas Chapter 74, Human Resources Code, permits CTF, subject to certain hm~tahons, to enter ~nto such agreements for the purpose of providing child abuse and neglect prevention services CTF and the Contractor make th~s agreement according to the following mutual considerations II The parhes mutually agree A The scope and coverage of the services to be prowded by the Contractor under th~s agreement, the program description and budget for these services, as well as other necessary components, are described and I~m~ted m the attached Plan of Operahon, which ~s ~ncorporated in th~s agreement m its enbrety by specific reference The Plan of Operation will be maintained on file with CTF as a part of th~s agreement Any change, modff~cahon, or amendment to, or renewal of, the Plan of Operahon ~s not effechve until approved ~n wnt~ng by CTF The orig~nal Plan of Operation together w~th any approved amendment mmntalned on file by CTF w~ll be the contrelhng instrument in case of any d~spute relating to the wording of any port~on of the Plan of Operation or amendment In the event that an amendment approved m wnbng by CTF confhcts w~th the terms of the original Plan of Operation, the amendment will control A confhct between amendments will be dec~ded ~n favor of the most recently approved amendment B Th~s contract is a cost-reimbursement contract, based on the proposed budget which ~s a part of th~s contract plan Total reimbursement under the terms of th~s contract shall not exceed the amount shown on the proposed budget and may be negotiated for less Reimbursement request of expenditures charged by the contractor w~ll be made on CTF Monthly Expenditure Documentation Form PG-026 Requests will be made regularly, at least monthly, and will be submitted to the Children's Trust Fund off~ce by the 15th day following the last day of the month in which the serwce was prowded 97contra/programs/denton C I Transfers between I~ne Items of a budget w~ll be allowed w~thout pnor approval from CTF if the transfers do not result in an incraase or decrease of more than three thousand dollars ($3000) or 10% of the CTF contract amount, whichever amount is less Any transfers are for allowable items as defined by CTF and do not result m a significant change in the character or scope of the program The transfers must be described and reported within 30 days by letter to CTF 2 Transfers between line items of more than $3000 or 10% of the CTF Contract amount, whichever is less, may be allowed under certain c~rcumstances if requests for such changes (a) are submitted in writing to CTF and approved prior to obl~gabng the funds, (b) fit within the scope of the contract and the total project budget, (c) are beneficial to the achievement of project objechves, and (d) appear to be a more effective use of state dollars 3 CTF ~s not obhgated to pay an unauthorized cost or to pay more than the Contractor's allowable actual cost Funds will not be available ~n excess of the total amount of the reimbursable budget as onginally approved or subsequently amended D Th~s agreement is subject to cancellation, either ~n whole or in part, and on the availability of state and/or federal funds If funds for the agreement become unavailable during any budget penod, and CTF is unable to obtain additional funds, then th~s agreement w~ll be terminated or reduced Termination under this section shall not subject CTF to a penalty or other claims E If the Contractor fa~ls to prowde services according to the approved Plan of Operation and the, previsions of this agreement, CTF may, upon wntten not~ce of default to the Contractor, terminate all or any part of the agreement The Contractor will have 30 days to show compliance Failure to comply will result ~n immedmte term~nahon Termination is not necessarily an exclusive remedy but will be ~n addition to any other rights and remedies provided by law or th~s agreement F If federal or state laws or other reqmrements are amended or judicially ~nterprated so that either party cannot reasonably fulfill this agreement, or ~f the part~es cannot agree to an amendment that would enable Its substantial continuabon, the part~es shall be discharged from any further obligations including reimbursement for authorized expend~turas, under th~s agreement The respective accrued ~nterasts or obhgat~ons incurred up to the date of termination, however, will be equitably settled G E~ther party to this agreement may consider ~t to be canceled by giving 30 days notice in writing to the other party This agreement will be terminated at the end of the 30-day period, unless the parties mutually agree m writing to conbnue the contract Nothing m th~s paragraph shall be construed to prohibit immediate terminat~on of the agreement pursuant to paragraphs D, E, and F 97contra/programs/denton III The Contractor agrees to and w~ll reqmre any subcontractors to agree to A Adhere to Federal and State law, rules, regulabons, and gmdehnes prewded m the CTF Handbook and Guide to Procedures for Grants made avmlable on an annual bas~s B 1 Comply w~th Title VI of the Ciwl R~ghts Act of 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans wdh D~sabdd~es Act of 1990 (Public Law 101-336), and all amendments to each, and all reqmrements imposed by the regulations ~ssued pursuant to these acts These prowde, m part, that no persons in the Umted States shall, on the grounds of race, color, national ong~n, sex, age, d~sab~hty, political behefs or rehglon be excluded from part~c~pabon m, or demed, any care, service, or other benefits provided by federal and/or state funding, or otherwise be subjected to discnm~nat~on 2 Comply w~th the reqmrements of the Imm~grahon Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any ~nd~wduals h~red on or after November 6, 1986, who w~ll perform any labor or sermces under any contract between CTF and the Contractor 3 Comply with Health and Safety Code Section 85 113 (relating to workplace and confidentiality guidehnes regarding AIDS and HIV) C Comply wdh appropriate state licensing or cert~ficabon reqmrements and wdh standards prescnbed by the Secretary of the Umted States Department of Health and Human Services D 1 Report any suspected case of abuse or neglect to the Texas Department of Protective and Regulatory Services (DPRS) or a local law enforcement agency office as reqmred by Act of Apnl 20, 1995, 74th Leg, Reg Sess, ch 20, §1, 1995 Tex Sess Law Serv 113, 260 (Vernon) (to be codified as Tex Faro Code Ann {}261 101 et seq) 2 Verify and d~sclose, or cause ~ts employees and volunteers to verify and d~sclose, criminal history and any current cnmmal ~nd~ctment involmng an offense against the person, an offense against the family, or an offense ~nvolwng pubhc indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, TEX REV ClV STAT ANN art 4476-15 as amended Th~s venf~cabon and d~sclosure will be required of all who have direct contact with chents E Be subject to an audit by a Certified Public Accountant and promde a copy of the audit to CTF Contractors are expected to create and ma~ntmn adequate and auddable fiscal records, such as annual financial statements, tax returns, and agency budgets may be required and shall be made avadable to CTF upon request F Use generally accepted accounhng procedures as recogmzed by the American Insbtute of Certified Public Accountants and follow CTF financial management pohc~es and procedures m maintaining fiscal records reqmred to be kept under th~s agreement G Hold the CTF of Texas Council harmless and ~ndemmfy the Council from and against all claims, demands, and causes of actions which may be asserted by any third party ~n connechon with the performance of contracted services, to the extent the City of Denton ~s allowed to ~ndemnify under the law 97contra/programs/denton H Provide services in accordance with the Plan of Operahon and allow CTF to momtor same Some possible methods may ~nclude on-s~te ws~ts, document rewew, quest~onnmres, or interviews Partic~pate fully m any evaluabon study of this program authonzed by CTF J Not transfer or assign th~s agreement w~thout the prior wntten consent of CTF CTF shall not transfer or assign th~s agreement without consent of contractor Transfer or assignment w~thout prior wntten consent of either party may result in termination of the contract in accordance w~th Section II G K Establish a method to ensure the confldent~ahty of records and other mformat~on relating to clients subject to apphcable federal and state law, rules, and regulabons, including but not hm~ted to the public information act, chapter 552 of the Texas Government Code Client reformation shall only be released m accordance w~th the decision of the Office of the Attorney General L 1 Submit b~lhngs for services and statistical documentabon as reqmred by CTF to be received by the 15th day following the last day of the month ~n which the service ~s provided Non-receipt of the reqmred b~llmg and stahst~cal documentation by th~s date will be considered failure to comply with the agreement Fmlure to comply ~s valid justiflcat~on for ~mmed~ate termination of th~s agreement and/or nonpayment of the billings or any portion of the b~llings that are not received w~th~n the specd~ed t~me hm~t The Contractor further agrees to certify the amount of local financial part~c~pabon d~rectly supporting the service being purchased w~th each request for payment submitted to CTF for reimbursement 2 Submit performance reports quarterly or as reqmred by CTF to be received by the 15th day following the last day of each quarter in which the service ~s provided Non-roce~pt of the required performance reports w~ll be considered fmlure to comply w~th the agreement Failure to comply ~s vahd jusbficat~on for immediate termination of th~s agreement The Contractor agrees that the ~nformat~on submitted is true and accurate The Contractor further agrees to supply documentation to CTF for the purposes of verifying reported information ~f requested M Make available at reasonable t~mes and for reasonable periods chent records, books, and supporbng documents pertaining to serwces provided for mspechng, momtonng, auditing, or evaluabng by CTF personnel or their representahves N Ma~ntmn and keep financial and supporting documents, stabsbcal records, and other records pertinent to the services for which a clmm was submitted The records and documents w~ll be kept for a m~mmum of four (4) years after the termination of the contract If any I~hgat~on, clatm, or audit ~nvolwng these records begins before the three-year period expires, the Contractor will keep the records and documents for not less than four (4) years and unhl all I~tigation, claims, or audit findings are resolved The case ~s considered resolved when a final order is issued in hbgation, or a wrttten agreement ~s entered ~nto between CTF and the Contractor The Contractor w~ll keep records of nonexpendable property acqmred under the agreement for four (4) years after final disposition of the property Contract period means the beginning date through the ending date specified ~n the ong~nal agreement, extensions are considered to be separate contract penods The contract per~od of an original agreement or renewal shall not exceed one year in duration A contract may be renewed only twice, unless certain circumstances as determined by the Council require an extension of the penod 97contra/programs/denton O Acoount for program Income related to projects financed in whole or in part w~th state funds or Implemented on behalf of the CTF program Program income means gross Income earned by the Contractor from contract-supported activities Program ~ncome earned during the~ contract penod shall be ratmned by the Contractor, and m accordance w~th the agreement, shall be Added to funds committed to the program by CTF and Contractor and be used to further eligible program objectives, or · W~th prior approval, used to finance the local match share of the program Records must be maintained to Indicate deposit of funds back to the Children's Trust Fund of Texas program If more than one source provides monms for acbwhes generating program income, amounts deposited must be pm-rated P Not~fy CTF Immediately of any significant change affecbng the Contractor and Contractor's identity, such as ownership or control, name change, governing board membership, vendor ~denfiflcahon number, and personnel changes affecbng the contracted services Changes must be provided ~n writing to CTF within 10 working days after the changes are effective Q Refrain from entering into any subcontract for services w~thout prior approval m writing by CTF of the quahficat~ons of the subcontractor to perform and meet the standards of th~s agreement and its attached Plan of Operation All subcontracts entered into by the Contractor will be written and subject to the requirements of this agreement The Contractor agrees to be responsible to CTF for the performance of any subcontractor R Be responsible for any audit exception or other payment ~rregulanty ~n the program covered by this contract, and all subcontracts, which is found after momtormg or auditing by CTF or the United States Department of Health and Human Services, and be responsible for the collection and proper reimbursement to CTF of any amount pa~d ~n excess of the proper billing amount S Place prominent notices acknowledging the funding ~t receives from CTF m all of its hteratura that describes services covered by th~s agreement These notices will also appear in the Contractor's annual report, if any T Acknowledge CTF copyright ownership for all matenals, pubhshed and unpubhshed, that are created with Council funds All original works of authorship created using CTF funds shall be deemed a work-made-for-h~ra CTF shall own the copyright and all other rights m such a work In the event that ~t is determined not to be a work-made-for-hire, Contractor hereby assigns all rights in the works, including any copyright, to CTF CTF agrees to provide the developer of the work a non-exclusive, royalty-frae I~cense to use, reproduce, d~splay, and d~stribute the work The Council shall be a co-owner of the copyright of a work that ~s created w~th more than one source of funding as prowded by the Umted States Copyright Law CTF has the right to use, reproduce, and d~stnbute any material written or produced by the Contractor that ~s the subject of this contract If the contractor is no longer m operabon for any reason, all matenals produced w~th CTF Council funds must be returned to CTF, or, with CTF approval, may be transferred to another agency U Contractor shall defend, indemnify to the extent the C~ty of Denton ~s allowed to indemnify under the law, and hold harmless CTF and the State of Texas against any claim, suit, or proceeding brought against the State of Texas or CTF on the ~ssues of infnngement of any copyright, trademark, patent, or other intellectual property rights, by any product part, supplied by the Contractor to CTF under th~s agreement The Contractor will pay, subject to limitations specified in this paragraph, any final judgment entered against the State of Texas or CTF on this issue in any suit or proceeding defended by the Contractor The Contractor at ~ts sole option w~ll be relieved of this obhgatlon ~f w~th~n 30 days after CTF receives not~ce, CTF fails to notify the Contractor In writing of any claim, suit, or proceeding, and at the Contractor's expense, g~ve the Contractor all ~nformabon needed to settle and/or defend any claim, suit, or proceeding The Contractor w~II report to CTF w~thm 30 days and ~n reasonable written detail, each notme of claim of copyright infnngement based on the performance of this agreement of which the Contractor has knowledge V Not use funding under this contract to influence the outcome of elect~ons or the passage or defeat of any legislative measures W All nohces given regarding th~s contract shall be sent to the following addresses Children's Trust Fund of Texas C~tY of Denton, Community Develooment Office 8929 Shoal Creek Blvd, Suite 200 (contractor name) Aushn, TX 78757-6854 100W Oak, Ste 208 (address) Denton, TX 76201 IV The Children's Trust Fund of Texas Council agrees to Pay the Contractor for all serwces that are rendered m accordance with the terms of th~s agreement and its attached Plan of Operahon, upon receipt of a CTF Monthly Expenditure Documentation Form PG-026 after deducting any known prewous overpayment made by CTF Total payments dunng the term of th~s agreement w~ll not exceed those detailed in the attached Plan of Operation V The following instruments are attached Plan of Operatlon, Budget Form PG-014, and T~mehne, Form PG-003 The following documents may be incorporated ~nto and made a part of th~s contract as ~f fully set out herein C~ty Council Ordinance, as necessary · Additional documents, if required 97contra/progr am~/dent on For the faithful performance of the terms of th~s agreement, the partms affix their s~gnatures and b~nd themselves effective upon s~gnature of both part~es, and conbnuing through the 31st day of August, 1997 The ind~wduals whose signatures appear below are fully authorized to b~nd the parties they represent CHILDREN'S TRUST FUND OF TEXAS COUNCIL City of Denton Contractor Name S~gnature - ' Date Sl'gna~ure Date' ! CTF Executive D~rector ~ ~ ~,-~ T~tle T~tle (J lf agreement ts faxed CTF and Contractor agree that tht$ contract wtll be constdered stgned when the stgnatureofapartytsdehveredbyfacstmtletransmtsston Stgnaturestransmtttedbyfacstmtleshallhave the same effect as ortgmal stgnatures 97eontra/programs/d~nton PLAN OF OPERATION OUTLINE I Problem The Vision Denton Learn Committee was formed to define how education m Danton vail work for its citizens In the next century After months of research, the committee agreed on the follovang statements · education at all levels IS critical to an individual's effectiveness as they move through the hfe cycle, · healthful family life encourages and supports education, · a commumty's health and well-being are a reflection of its citizen's health and well- being, · conscious, effectively integrated support programs for families contribute to citizens' health and well-being, and · education improves as the health and well bemg of the citizenry ~mproves These facts led to the development of the Family Resource Center Task Fome whose mission ~s to ensure that all families have access to information and assistance regarding the education, health, and general well being of their children by developing and utd~ztng a Family Resource Center Thus, the idea for a Family Resource Center did not develop because of a specific problem It began as a proactive decision to shape our commumty We have taken an asset oriented approach that views families, orgamzations, and lnstltUtlons, formal and ~nformal, as resources that can contribute to the health of the community II Target Population The Family Resource Center Task Force visualized a family hfe center that would serve as a hub for educational, support, and ~nformatlon and referral servmes for all parents and families in the C~ty of Denton Through th~s approach families, schools, and family servme agenmes can become partners in a proactive approach to family development Denton ts a city of 66,270 residents located 37 miles north-northwest of Dallas and 35 miles north-northeast of Fort Worth Denton ~s the county seat of Denton County, the fastest growing county in the state of Texas (1990 Census) The ethme composition ~s 81% Anglo, 9% Black, 2% Asian and Paeffie Islander, and 8% H~spanlc The Hlspamc population is rapidly mcreasmg m~rrormg the populatmn trend throughout Texas The projected population for Denton in the year 2000 is 79,385 The median faunly mcome is $35,444 and 10% of Denton farmhes live below the poverty line According to 1990 Census 18% of the 13,786 fam~hes in Denton are single parent households Of the female head nf households w~th children five and younger, 54 7% live in poverty The Denton Independent School D~stnct has apprommately 12,500 students vath a longitudinal dropout rate of 1 4% However, 30% of students have been identified at risk of dropping out In addition, DISD has assessed the school read~ness of kandergarten and first grade students and 23% were not school ready The task force estimates that 100 parents and 50 children will be served m the first year Parents and famflaes will be recruited through schools and universities, socml servace organizations, cavic groups, religious orgamzations/lnstitutlons, mass medm outlets, business orgamzations III. Goals and Objectives The goal of the Denton Family Resource Center (DFRC) as to strengthen and support families DFRC seeks to provade assastance to bmld family skills and assist parents m improving thear capacatles to be suppomve and nurtunng parents, encourage parent anvolvement in children's learning, development, and education, help parents develop and strengthen support networks that enhance effective parenting, encourage development and effective use of commumty resources for families, and help prevent etuld abuse, family vaolence, and other negative family outcomes The task force as currently awmting the results ora needs assessment conducted an coordination w~th The Umverslty of North Texas Survey Research Center Key informant anterviews with knowledgeable m&vaduals who represent the &vemty of the commumty have been completed The Task Force as conducting focus groups with hard to reach parents and resadents In ad&tion, the Survey Research Center wall complete a random sample survey of residents and a family servme provader survey A collaboration conference as beang planned and will be funded by the Vasaon Learn Commattee to facahtate coordination of anfonnation and referral semces Regular meetings of a Family Resource Network, with representatives from orgamzatlons an the community, will be amtiated at the conference to improve commumty life for famflaes, to improve access for family members, and to famhtate famflaes advocating for themselves and thear children Results from the needs assessment and collaboration conference will help provide &rection and focus for the goals and objectives of DFRC IV Plan of Action The following last contains activaties that will take place dunng the first year of operation The tasks have been &vaded into five categories Board of Darectors, Admlmstration, Program, Evaluation and Funding and Pubhc Relations The timehne details these activities further · Incorporate DFRC · Hare an Executive Darector · Orient board members regarding thear role and the orgamzation's expectations · Select officers, commattee structure and schedule of meetings Administration · Secure location and equipment · Prepare three-year strategic plan · Develop office and personnel policies and insurance needs · Develop financial management system Program · Determine staffneeds, advertise, and select qualified staff · Identify sources of matermls needed for the referral and information resource room · Plan outreach strategies · Conduct community awareness activities about avmlable services and volunteer opportumt~es · Train staff and volunteers · Select curricula materials for parent classes · Network wath commumty agencies · Community-wide collaboration conference · Estabhsh Parent Advisory Council Evaluation · Work wath consultants to design an evaluation plan Fgndlng and Pubhc Relations · Work with administration staff to access ongoing funding · Plan fund m~slng events · Contact medm outlets V. Key Individuals The D~rector will have the followang responsibilities providing general management and oversight of DFRC office operations and staff, orgamz~ng commumty support for DFRC projects/programs, working wath the community to establish goals and priorities, des~gmng an evaluataon plan, identifying potential funding sources, and developing and coordmatmg primary servme dehvery wath emphas~s placed on parent education, early cluldhood ~ntervention, and farmly support The Board of Directors will be representative of the people, cultures and values of the community and committed to achieving the goals of DFRC The Board wall be responsible for pohcy making and the financial system of DFRC It ~s antm~pated that the board wall share fund- rinsing and marketing duties with the D~rector A Parent Adwsory Council w~ll be formed to plan, evaluate and guide the center ~n being a place where any parent will feel comfortable, and where they can be assured that a knowledgeable and helpful professional staff can help meet their interests and needs The estabhshment of a parent phone network wall be an lmtml objective Volunteers wall play an essential role in the center Indlwduals wall be encouraged to donate their skills and special talents Ttus will allow all comlllunlty groups to participate in the center, creating ownersbap that will help ensure success VI Expectations Expectations for the project include prevention of child abuse and neglect, improving parent leamlng and capacity as well as other family members, encouraging development and effective use of commumty resources, encouraging parent involvement in children's learning, development, and education, increasing the number of referrals and families served, increasing student achievement, and empowering parents to provide leadership and make decisions affecting the direction of the Center VII. Program Evaluation A brief framework of the evaluation model is described below The steps are contingent upon the ldentfficatlon of community needs that will determine Center goals and objectives 1) Identlfy Program Goals and Objectives, 2) Define Evaluation Questions, 3) Define Information needed to answer questions, 4) Identify Information Users, 5) Plan Method(s) of collecting information/data, 6) Collect Data, and 7) Data Analysis and Evaluation Report Steps 1-5 should be completed dunng the 1st quarter of the year It is suggested that data will be collected in-house as well as outside the agency to determine effectiveness and satisfaction of refemng agencies as well as parents This evaluation may be accomplished by Center stakeholders and a Umversity consultant It is an ongoing process that develops over time requmng actlwty throughout the year The end result will be an evaluation that is continuous and flexible Center staff, volunteers and parents vall clearly understand the purpose and their roles in successfully carrying out the evaluation plan The City of Denton and the Denton Family Resource Center agree to participate fully in CTF statew~de evaluation of funded programs It is understood that compliance wath the evaluation is a condition of funding This participation may Include 1) assistance in development of evaluation mstnmaents and reporting forms, 2) attendance at training sessions, 3) timely submission of accurate data, 4) access to program clients and participants, 5) adherence to evaluation protocols and procedures, and 6) cooperation w~th requests from CTF and CTF program evaluators Data are likely to include 1) quarterly reports that include summaries of program activities, types of services offered, numbers and characteristics of people served, 2) client/participation outcomes that include program satisfaction, measures of knowledge, attitudes and behawor, and 3) agency records related to expenditures and adunnistration of programs Apr-03-97 CHILDREN'S TRUST FUND OF TEXAS Contract Budget (Form R.3000) - August 31, 1997 Agency Name city of Dent:on..Com,mm:l/'¥ Deyelopment. Offzce LINE ITEMS CTF AMOUNT LOCAL MATCH TOTAL PROGRAM COST ! Personnel- salaries $9~[24 $9,[24 Personnel - Fringe Benefits Travel/Training for Staff~olunteem ~5,O00-~a~n $4,776-~atal~g $23,867 Consumable Other Telephone ~2, O~ $2,000 ~1,667 $1,667 Po~a~e Pt~ntmg/Duplmatmn ~1,667 ~1,667 (as approved) G~ND,, TOTAL , · Total Pr~ram Costs reflect the expenditures for a~w~bes m your plan of operabon , All amounts should be sho~ ~n whole dol~am , This fo~ must be typewntten and will ~ included m the contract · A mm~mum match of 10% of the CTF grant amount is required for the flint year of funding, 20% for the se~nd year and 50% for the thi~ year Expenses ~ot reimbursable from CTF funds or used as match are: - Office space rental - Real e~ate payment - ~llity payment - Equipment pumhase - Vehicle rental or purchase - Office furniture rental Or purchase - Indirect costs such as admln,straflve overhead, fundrmsmg expenses, ~nsuran~, janitorial seduces or other ~p~tal expenditures 1996 - 1997 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON FAMILY RESOURCE CENTER, INC. Tlus Agreement ~s hereby entered into by and between the C~ty of Denton, Texas, a home rule mumc~pal eorporal~on, hereinafter referred to as "C~ty", and the Denton Fanuly Resource Center, Inc, a non-profit corporation, 1213 Locust Street, State L(1), Denton, Texas 76201, hereinafter referred to as "Organ~zataon", WHEREAS, C~ty has determined that the proposal for servmes merits assistance and can pro- wde needed services to e~t~zens of C~ty and has accepted funds from the Children's Trust Fund of Texas ("CTF") for the purpose of paying for contractual servmes, NOW, THEREFORE, the part,es hereto mutually agree as follows I SCOPE OF SERVICES Orgamzatmn shall ~n a satisfactory and proper manner perform the following tasks, for whtch the momes prowded by C~ty may be used Provide a Family Resource Center to offer access to ~nformat~on and assistance regarding the education, health, and general well-being of their chddren Orgamzatton shall perform those servmes described m the Plan of Operation hereto attached as Exh~btt A II OBLIGATIONS OF ORGANIZATION In conslderat~on of the receipt of funds from C~ty, Orgamzat~on agrees to the following terms and conditions A A sum not to exceed S~xty-five Thousand Two Hundred Sixty Dollars ($65,260) may be prod to Orgamzatxon by City on a reimbursement bas~s, subject to payment of money to the C~ty by CTF on a cost-reimbursement basis ~n accordance with that certmn Contract for Child Abuse Prevention Servmes Cluldren's Trust Fund of Texas Council between the C~ty and CTF, hereinafter referred to as "CTF Contract" The only expenditures reimbursed from these funds shall be those in accordance w~th the project budget, attached hereto as Exhtb~t B and incorporated hereto by reference, for those expenses hsted xn the scope of servmes as prowded hereto Organxzatxon shall not utilize these funds for any other purpose B Orgamzatxon will estabhsh, operate, and mmntmn an account system for th~s program that w~ll allow for a tracing of funds and a rewew of the financial status of the program The system will be based on generally accepted accounting pnnc~ples as recogmzed by the American Instxtute of Cerlafied Pubhc Accountants C Orgamzat~on vall permit anthonzed officials of C~ty to rewew ~ts books at any t~me Page I Orgamzalaon wall reduce to writing all of its roles, regulations, and pohmes and file a copy wath City's Commumty Development Office along with any amendments, addatlons, or revisions whenever adopted Orgamzataon wall not enter into any contracts that would encumber Caty funds for a period that would extend beyond the term of this Agreement Orgamzatlon wall promptly pay all bills when submitted unless there is a discrepancy ~n a b~ll, any errors or discrepancies m bills shall be promptly reported to Caty's Executive Darector of Finance, or her authorized representative, for further d~mctlon Orgamzatlon wall appoint a representatave who wdl be avmlable to meet wath City's Executave Director of Finance and other City officials when requested Orgamzat~on wall estabhsh a method to ensure the confidenttahty of records and other informa- tion relating to clients subject to applicable federal and state law, roles, and regulations, ~nclud- mg but not hmlted to the Pubhc Information Act, chapter 552 of the Texas Government Code Client reformation shall only be released ~n accordance wath the decaslon of the Office of the Attorney General Organazatlon wall mdemmfy and hold harmless Caty, its officers and employees, from any and all clmms and suits ansang out of the actavattes of Orgamzataon, ats employees, and/or contrac- tors Orgamzataon wall submit to C~ty cop~es of year-end audited financml statements Organization shall fully comply wath all the requirements of the CTF Contract, including, unthout hmitatlon, all the reqmrements and federal and state law, rules, regulataons, and gmde- hnes, and all the reqmrements of Sectaon III of smd CTF Contract, a true and correct copy of which as attached to this Agreement as Extublt C and made a part of this Agreement for all pur- poses In particular, Organlzataon agrees to do the followang 1 Adhere to federal and state law, rules, regulations, and gmdehnes provided an the CTF Handbook and Gutde to Procedures for Grants made available on an annual basis 2 a Comply wath T~tle VI of the Cavil Raghts Act of 1964 (Public Law 88-352), Section 504 of the Rehabflltataon Act of 1973 (Public Law 93-112), the Americans w~th Dlsabflmes Act of 1990 (Public Law 101~336), and all amendments to each, and all requirements ~mposed by the regulations ~ssued pursuant to these acts These provide, an part, that no persons an the United States shall, on the grounds of race, color, national ongan, sex, age, dasablhty, political beliefs, or rehgaon be excluded from partmapataon an, or demed, any aid, care, service, or other benefits provaded by federal and/or state ftmd~ng, or otherwase be sub- jected to discrimination Page 2 b Comply with the reqmrements of the Immagrataon Reform and Control Act of 1986 regarding employment venfieataon and retention of verification forms for any andlvadu- als hired on or after November 6, 1986, who wall perform any labor or servaces under any contract between Orgamzatlon and Cay c Comply w~th Health and Safety Code §85 113 (relaung to workplace and confidenU- alaty gmdehnes regarding AIDS and HIV) 3 Comply vath appropriate state licensing or cemficataon reqmrements and wath standards prescribed by the Secretary of the Umted States Department of Health and Human S emces 4 a Report any suspected ease of abuse or neglect to the Texas Department of Protectave and Regulatory Servaces (DPRS) or a local law enforcement agency office as required by Act of April 20, 1995, 74~ Leg, Reg Sess, ch 20, §1, 1995 Tex Sess Law Serv 113, 260 (Vernon) (to be codffied as Tex Faro Code Ann §261 101 et seq ) b Verify and chselose, or cause its employees and volunteers to verify and thsclose, cnma- nal bastory and any current criminal andlctment lnvolvang an offense agmnst the person, an offense against the family, or an offense anvolvang pubhc ~ndecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Tex Rev Cav Stat Ann art 4476-15 as amended Tbas verification and dasclosure wall be reqmred of all who have darect contact wath chents 5 Be subject to an audat by a Certffied Pubhc Accountant and provade a copy of the aucht to C~ty and CTF Orgamzataon Is expected to create and maantmn adequate and audatable tis- cai records, such as annual financml statements, tax returns, and agency budgets may be re- qmred and shall be made available to Caty or CTF upon request 6 Use generally accepted accounting procedures as recogmzed by the American Instatute of Certffied Public Accountants and follow CTF financml management pohcles and proce- dures m mmntaamng fiscal records required to be kept under thas Agreement 7 Hold the CTF of Texas and C~ty harmless and indemnify the CTF Council and City, their officers, and employees, from and agmnst all clmms, demands, and causes of action whmh may be asserted by any tlurd party m connectaon w~th the performance of contracted serv- ices 8 Provide servmes m accordance wath the Plan of Operation and allow CTF and City to momtor same Some possible methods may include on-sate vaslts, document revaew, ques- tionnaires, or interviews 9 Partlcapate fully in any evaluataon study of th~s program authorized by CTF or City P~e3 10 Not transfer or assign this Agreement without the prior written consent of CTF and Clty CTF and City shall not transfer or assign this Agreement w~thout consent of Organization Transfer or assignment w~thout prior written consent of either party may result in termina- tion of the Agreement m accordance with Section IIG of the CTF Contract 11 Establish a method to ensure the confidentlahty of records and other information relating to clients subject to applicable federal and state laws, rules, and regulations, including but not limited to the Public Information Act, chapter 552 of the Texas Government Code Cli- ent information shall only be released m accordance w~th the decision of the Office of the Attorney General 12 a Submit billings for services and statistical documentation as required by CTF and City to be received on the 15th day following the last day of the month in which the serwce is provided Non-receipt of the reqmred bdlmg and statistical documentataon by tbas date will be considered failure to comply w~th the Agreement Failure to comply is vahd justffica- tion for immediate termmatton of tbas Agreement and/or nonpayment of the bllhngs or any portion of the billings that are not received wathm the specified time limit The Organiza- tion further agrees to certify the amount of local financial participation directly supporting the service being purchased with each request for payment submitted to CTF and City for reimbursement b Subnnt performance reports quarterly or as reqmred by CTF and City to b e received by the 154 day following the last day of each quarter in which the service ~s provided Non- receipt of the required performance reports will be considered failure to comply w~th the Agreement Fmlure to comply is valid justification for immediate termination of this Agreement The Organization agrees that the information submitted is tree and accurate The Orgamzatton further agrees to supply documentation to City for the purposes of veri- fying reported information if requested 13 Make avmlable at reasonable times and for reasonable periods client records, books, and suppomng documents pertmmng to serrates provided for inspecting, momtonng, auditing, or evaluating by CTF and City personnel or their representatives 14 Maintain and keep financial and supportang documents, statlstmal records, and other records pemnent to the services for which a claim was submitted The records and documents w~ll be kept for a mnnmum of four (4) years after the termination of the Agreement If any hta- gation, claim, or audit involving these records begins before the four-year period expires, the OrganlZatton will keep the records and documents for not less than four (4) years and until all httgatlon, clatms, or audat findings are resolved The case is considered resolved when a final order is issued m litigation, or a written agreement is entered into between CTF and City and City and Orgamzatlon Organization wdl keep records of nonexpendable property acqmred under the Agreement for four (4) years after final deposmon of the prop- erty Contract period means the beginning date through the ending date specified in the original agreement, extensions are to be separate contract periods The contract period of Page 4 renewed only twice, unless certmn circumstances as determined by the CTF Council and Cxty require an extension of the period 15 Account for program income related to projects financed in whole or ~n part with state funds or xmplemented on behalf of the CTF program Program income means gross income earned by the Orgamzation from contract-supported actxvlt~es Program income earned dunng the contract period shall be retained by the Organlzatton and, ~n accordance w~th the Agreement, shall be · Added to funds committed to the program by CTF and City and Orgamzat~on and be used to further eligible program objec~ves, or · With prior approval, used to finance the local match share of the program Records must be mmntmned to m&cate depom of funds back to the Children's Trust Fund of Texas program If more than one source prowdes momes for act~wties generating pro- gram income, mounts deposited must be pro-rated 16 Not~fy CTF and City ~mmedmtely of any slgmficant change affecting the Orgamzat~on and Orgamzataon's ldenttty, such as ownerslup or control, name change, govermng board mem- bership, vendor ~dantfficatlon number, and personnel changes affecting the contracted services Changes must be provided m writing to CTF and City w~th~n 10 working days after the changes are effective 17 Refr~un from entering into any subcontract for services w~thout prior approval ~n writing by CTF and C~ty of the qualifications oftbe subcontractor to perform and meet the stan- dards of this Agreement and lts attached Plan of Operatton AIl subcontracts entered ~nto by the Orgamzatlon will be subject to the reqmrements ofth~s Agreement The Orgamza- t~on agrees to be responsible to CTF and City for the performance of any subcontractor 18, Be responsible for any audit exception or other payment ~rregulanty ~n the program covered by this Agreement, and all subcontracts, which ~s found after momtonng or auditing by CTF and City or the Umted States Department of Health and Human Services, and be re- sponsible for the collection and proper reimbursement to CTF and City of any amount prod in excess of the proper bllhng amount 19 Place promlnant notates allowing the funding Orgamzat~on receives from CTF and City in all of ~ts literature that describes services covered by th~s Agreement These notmes will also appear ~n the Orgamzation's annual report, ~f any 20 Acknowledge CTF and City copyright ownership for all materials, pubhsbed and unpub- hshed, that are created wath CTF and C~ty funds All original works of authorship created using CTF and C~ty funds shall be deemed a work-made-for-bare CTF shall own the copy- right and all other rights m such a work In the event that ~t ~s determined not to be a work- Page 5 right and all other rights m such a work In the event that at as detenmned not to be a work- made-for-bare, Orgamzat~on hereby assagns all rights m the works, including any copyright, to CTF CTF agrees to provade the developer of the work a non-exclusive, royalty-free h- cerise to use, reproduce, d~splay, and dastnbute the work CTF shall be a co-owner of the copyright of a work that ~s created w~th more than one source of funding as promded by the Umted States Copyright Law CTF has the right to use, reproduce, and dastnbute any mate- hal written or produced by the Organ~zatlon that ~s the subject of tbas Agreement If the Organ~zatmn as no longer m operataon for any reason, all materials produced w~th CTF funds must be returned to CTF, or, w~th CTF and Caty approval, may be transferred to an- other agency 21 Orgamzatmn shall defend, mdenmlfy, and hold harmless CTF, C~ty and the State of Texas agmnst any elmm, stat, or proceeding brought agmnst the State of Texas, CTF, or C~ty on the assues of mfnngement of any copyright, trademark, patent, or other intellectual property rights, by any product part, supphed by Orgamzat~on to CTF or Caty under tbas Agreement The Organ~zatmn wall pay, subject to hmltatmns specffied m tbas paragraph, any final judgment entered agmnst the State of Texas, CTF, or Caty on flus ~ssue m any stat or pro- ceedmg defended by the Orgamzat~on The Orgamzat~on, at ~ts sole optaon, will be reheved oftbas obhgatmn ff w~tban 30 days aider CTF and C~ty receive not,ce, CTF and Caty fail to notify the Organazatlon m writing of any clmm, stat, or proceeding, and at the Organiza- tion's expense, gave the Organ~zataon all reformation needed to settle an/or defend any claim, suit, or proceeding The Orgamzataon vall report to the CTF and Caty vatban 30 days and in reasonable written detml, each notace of clmm of copyright anfnngement based on the performance of tbas Agreement of wbach the Orgamzat~on has knowledge 22 Not use funchng under th~s Agreement to influence the outcome of electaons or the passage or defeat of any legislative measures 23 All notaces given regarding tbas Agreement shall be sent to the following addresses Cbaldren's Trust Caty of Denton Denton Family Resource Fund of Texas Commumty Development Office Center, Inc 8929 Shoal Creek Blvd 100 W Oak, State 208 1213 Locust Street State 200 Denton, Texas 76201 Suite L(1) Austan, Texas 78757-6854 Denton, TX 76201 III TIME OF PERFORMANCE The services funded by Caty shall be undertaken and completed by Organazataon wathm the fol- lowang tlme frame April 1, 1997 through September 30, 1997, unless the contract as sooner termanated under Sec- t~on VII "Suspension or Termination" P~e6 IV PAYMENTS A Payments to Orgamzatlon City shall pay to Organization a maximum amount of money not to exceed Sixty-five Thousand Two Hundred Sixty Dollars ($65,260) for services rendered un- der this Agreement, contingent on receipt of funds by City from CTF under the CTF Contract Payments vall be based on a projeeuon of monthly expenditures with reconciliation at the end of the month Documentation of expenchtures must be submitted to the Commumty Develop- ment Office by the 10t~ day followmg the last day of the month in which the service was pro- vided Orgamzatlon's fmlure to prowde the mformauon on a timely basis, mayjeopar&ze pres- ent or future funding B Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B C Approval of Organization's budget, Exhibit B, does not constitute prior written approval, even though certmn items may appear herein City's prior written authorization is required in order for the following to be considered allowable costs 1 Encumbrance or expenditure dunng any one month period which exceeds one-fourth (1/4) of the total budget as specified in Exhibit B 2 City shall not be obligated to any third part,es, including any subcontractors of Organiza- tion, and City funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement Written requests for prior approval are Organization's responsibility and shall be made within sufficient time to permit a thorough review by City Organization must obtain written approval by City prior to the commencement of procedures to solicit or purchase services, eqmpment, or real or personal property Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance w~th the provisions of this Agreement D Excess Payment Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines 1 has resulted in overpayment to Organization, or 2 has not been spent strictly in accordance with the terms of this Agreement, or 3 is not supported by adequate documentation to fully justify the expenditure P~e7 E Deobhgatlon of Funds In the event that actual expenditures deviate from Orgamzataon's provision of a corresponding level of performance, as specified in Exhibit A, City hereby re- serves the right to reappropnate or recapture any such under expended funds F Contract Close Out Organization shall submit the contract close out package to City, together with a final expenditure report, for the tame period covered by the last invoice requesting reim- bursement of funds under tins Agreement, Wltban fifteen (15) worlang days following the close of the contract period Organization shall utahze the form agreed upon by City and Organiza- tion V PROGRAM INCOME A For purposes of this Agreement, "program income" means earmngs of Organization realized from actavltles resulting from ttus Agreement or from Organization's management of funding provided or income from interest, usage or rental or lease fees, income produced from contract- supported services of individuals or employees or from the use or sale of equipment or facdltles of Orgamzataon provided as a result of tins Agreement, and payments from chents or tlurd par- ties for services rendered by Organization under this Agreement B Organ~zataon shall mamtmn records of the receipt and dlspositaon of program ~ncome m the same manner as required for other contract funds, and reported to C~ty m the format prescribed by C~ty C~ty and Orgamzataon agree that any fees collected for services performed by Orgam- zataon shall be spent only for service provision These fees or other program income will be de- ducted from the regular payment request C Orgamzatlon shall include th~s Section ~n 1ts entirety in all of its sub-contracts which involve other lncome-produc~ng services or activities D It ~s Organ~zataon's responslblhty to obtain from City a prior determination as to whether or not income arising directly or indirectly from th~s Agreement, or the performance thereof, consti- tutes program income Orgamzataon is responsible to City for the repayment of any and all mounts determined by C~ty to be program income, unless otherv~se approved in wnttng by City VI EVALUATION Orgamzatlon agrees to partaclpate in an implementation and maintenance system whereby the services can be continuously monitored Organ~zataon agrees to make available its financml records for review by City at City's d~scretaon In a&htaon, Organizataon agrees to provide C~ty the followang data and reports, or copies thereof A All external or internal anchts Orgamzatlon shall submit a copy of the annual independent aucht to City wathm ten (10) days of receipt Audit will be conducted by a cemfied public accountant B All external or internal evaluation reports Page 8 C Quarterly performance/beneficiary reports to be submitted ~n January, April, July and Septem- ber D Orgamzat~on agrees to submit quarterly financml statements in January, April, July, and Sep- tember Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obhgatlons and beg~nmng and ending balances E An explanation of any major changes ~n program servmes F To comply with th~s section, Orgamzat~on agrees to mmntam records that will prowde accurate, current, separate, and complete d~sclosure of the status of funds received and the services per- formed under ttus Agreement Orgamzataon's record system shall contam sufficient documenta- tion to provide in detml full support and justfficat~on for each expenditure Orgamzataon agrees to retmn 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 period of time and under the conditions specified by the City G Nothing ~n the above subsections shall be construed to reheve Organization of respons~b~hty for reta~mng accurate and current records which clearly reflect the level and benefit of services prowded under this Agreement VII DIRECTORS' MEETINGS Dunng the term of th~s Agreement, Organization shall dehver to City cop~es of all notmes of meetings of its Board of Directors, setting forth the t~me and place thereof Such notice shall be dehvered to C~ty in a t~mely manner to g~ve adequate notme, and shall ~nclude an agenda and a brief description of the matters to be discussed Organization understands and agrees that C~ty's representa- tives shall be afforded access to all meetangs oftts Board of D~rectors Minutes of all meetings of Orgamzat~on's governing body shall be available to C~ty wath~n ten (10) working days of approval VIII SUSPENSION OR TERMINATION A The C~ty may terminate this Agreement w~th cause ~f the Organization v~olates any covenants, agreements, or guarantees of ttus Agreement, the Orgamzat~on's insolvency or fihng of bank- ruptcy, d~ssolut~on, or receivership, or the Organization's wolatlon of any law or regulation to whtch it is bound under the terms ofth~s Agreement B Th~s agreement ~s subject to cancellation, either ~n whole or ~n part, and on the avmlablhty of state and/or federal funds If funds for the agreement become unavmlable dunng any budget pe- riod, and CTF is unable to obtain additional funds, then tbas agreement will be terminated or re- duced Termination under this section shall not subject CTF to a penalty or other claims Page 9 C The City may terminate this Agreement for convenience at any time If th~s Agreement ~s tenmnated for convemence by the C~ty, Orgamzation will be prod an mount not to exceed the total amount of accrued expenditures as of the effective date of termination In no event will flus eompensanon exceed an amount wbaeh bears the same ratio to the total compensanon as the services actually performed bears to the total services of Organization covered by the Agreement, less payments prewously made In case of suspension, C~ty shall adwse Orgamzat~on, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance ba case of termination, Orgamzation will remit to C~ty any unexpended City funds Acceptance of these funds shall not constitute a waiver of any claim C~ty may otherwise have arising out of th~s Agreement IX EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Orgamzation wall submit for C~ty approval, a written plan for comphance with the Equal Employment and Affmnat~ve Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement B Orgamzat~on shall comply with all applicable equal employment opportumty and affirmative action laws or regulations C Orgamzatlon will comply w~th T~tle VI of the Civil R~ghts Act of 1964 (Pubhc Law 88-352), Section 504 of the Rehabthtation Act of 1973 (Pubhc Law 93-112), the Americans w~th D~s- abahties Act of 1990 (Pubhc Law 101-336), and all amendments to each, and all reqmrements ~mposed by the regulations ~ssued pursuant to these acts These prowde, ~n part, that no persons an the Umted States shall, on the grounds of race, color, national origin, sex, age, disability, po- htlcal behefs or rehg~on be excluded from participation in, or denied, any md, care, service, or other benefits prowded by federal and/or state fun&ng, or othemase be subjected to discrimina- tion D Comply with the reqmrements of the Immagrat~on Reform and Control Act of 1986 regarding employment venficatxon and retention of verification forms for any individuals bared on or after November 6, 1986, who wall perform any labor or serwces under any contract between CTF and the Contractor E Comply w~th Health and Safety Code Saction 85 113 (relating to workplace and confidentmhty gtudehnes regarding AIDS and HIV) F Comply with approprmte state hcensmg or certification requirements and with standards pre- scribed by the Secretary of the Umted States Department of Health and Human Services G Report any suspected case of abuse or neglect to the Texas Department of Protective and Regulatory Services (DPRS) or a local law enforcement agency office as required by Act of Pago 10 Apn120, 1995, 74th Leg ,, Reg Sass, ch 20, §1, 1995 Tex Sess Law Serv 113,260 (Vernon) (to be codified as Tex Faro Code Ann '261 101 et seq) H Verify and d~sclose, or cause tts employees and volunteers to verify and d~sclose, criminal h~story and any current criminal md~ctment mvolwng an offense agmnst the person, an offense agmnst the family, or an offense ~nvolwng pubhc indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Tex Rev Clv Stat Ann Art 4476-15 as amended Tins verification and d~sclosure will be reqmred of all who have d~- mcr contact chents I Orgamzatxon will furnish all mfonnat~on and reports requested by C~ty, and will permit access to ~ts books, records, and accounts for purposes of ~nvestlgat~on to ascertam comphance w~th local, State and Federal rules and regulations J In the event of Organization's non-comphance w~th the non-d~scnm~natlon reqmrements, the Agreement may be canceled, tennmated, or suspended in whole or in part, and Orgamzatlon may be barred from further contracts with C~ty X WARRANTIES ORGANIZATION represents and warrants that A All ~nfonnaOon, 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 ~nformatlon, data, or report, and, s~nce that date, have not undergone any s~gmficant change w~thout written notme to City B Any supporting financml statements heretofore requested by C~ty and furnished to C~ty, are complete, accurate and fmfly reflect the financml conditions of OrgamzaUon on the date shown on smd 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 othemnse, in the financial condi- tion of Orgamzat~on C No ht~gat~on Or legal proceedings are presently pending or threatened against Organization D None of the prows~ons hereto contravenes or is in conflict with the authority under which Organization ~s doing bus~ness or w~th the prows~ons of any emst~ng ~ndenture or agreement of Orgamzat~on E Organization has the power to enter ~nto th~s Agreement and accept payments hereunder, and has taken all necessary action to authorize 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 furnished by Organization to C~ty Page 11 Each of these representations and warrantxes shall be contxnmng and shall be deemed to have been repeated by the submission of each request for payment XI CHANGES AND AMENDMENTS A Any alterations, add~txons, or deletxons to the terms of this Agreement shall be by written amendment executed by both parttes, except when the terms of thxs Agreement expressly pro- wde that another method shall be used B Organization may not make transfers between or among approved hne-ltems within budget categories set forth m Exhtb~t B wathout prior written approval of the Commumty Development Adunmstrator for the City Orgamzat~on shall request, ~n wntxng, the budget rews~on ~n a form prescribed by C~ty, and such request for rewsmn shall not ~ncrease the total monetary obhgat~on of City under thxs Agreement In addition, budget revisions cannot slgmficantly change the na- ture, mtent, or scope of the program funded under th~s Agreement C Organization wall submit revxsed budget and program reformation, whenever the level of fundmg for Orgamzatmn or the program(s) described herem ~s altered accordxng to the total lev- els contmned xn any pomon of Exh~bxt B D It ~s understood and agreed by the partxes hereto that changes xn the State, Federal or local laws or regulatxons pursuant hereto may occur dunng the term of tins Agreement Any such modffi- catxons are to be automatically incorporated into th~s Agreement wxthout written amendment hereto, and shall become a part of the Agreement on the effectxve date specified by the law or regulatxon E Cxty may, from txme to txme during the term of the Agreement, request changes xn Exh~bxt A whtch may mclude an mcrease or decrease m the amount of Orgamzatlon's compensation Such changes shall be incorporated xn a written amendment hereto, as prowded ~n Subsection A of th~s Section F Any alterations, deletions, or add~txons to the Contract Budget Detail xncorporated xn Exhibit B shall reqmre the prior written approval of C~ty G Orgamzat~on agrees to notify C~ty of any proposed change ~n physmal location for work per- formed under tlus Agreement at least tturty (30) calendar days in advance of the change H Orgamzatlon shall notxfy C~ty of any changes m personnel or govermng board composition I It xs expressly understood that nexther the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among smd programs wall be permxtted P~el2 XII. INDEMNIFICATION A. It is expressly understood and agreed by both part,es hereto that C~ty is eontraetmg w~th Organization as an independent contractor and that as such, Orgamzat~on shall save and hold C~ty, ~ts officers, agents and employees harmless from all habd~ty of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, de- mands, suits or damages of any character whatsoever resulting m whole or m part from the performance or omission of any employee, agent or representative of Orgamzation. B. Orgamzatlon agrees to provide the defense for, and to indemnify and hold harmless C~ty its agents, employees, or contractors from any and all claims, stats, causes of action, de- mands, damages, losses, attorney fees, expenses, and habd~ty arlsmg out of the use of these contracted funds and program administration and ~mplementat~on except to the extent caused by the willful act or omission of City, ~ts agents or employees. XIII INSURANCE A Orgamzat~on shall observe sound busmess practices w~th respect to providing such bonding and insurance as would prowde adequate coverage for services offered under this Agreement B The premises on and m which the actavlt~es described m Exhibit A are conducted, the employees conductang these activities, shall be covered by premise hablhty insurance, commonly referred to as "OwnerfFenant" coverage with C~ty named as an additional insured Upon request of Or- ganization, City may, at its sole chscretlon, approve alternate insurance coverage arrangements C Organization will comply with apphcable workers' compensation statutes and will obtain employers~ habfllty coverage where available and other appropriate liability coverage for pro- gram participants, if applicable D Orgamzation will maintain adequate and continuous liability insurance on all velucles owned, leased, or operated by Orgamzat~on All employees of Organization who are required to drive a vehicle ~n the normal scope and course of their employment must possess a valid Texas Driver's heense and automobile liability insurance Evidence of the employee's current posses- sion of a valid license and insurance must be maintained on a current basis in Orgamzatlon's files E Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization F The pohcy or pohc~es of insurance shall eontmn a clause wtuch reqtures that City and Orgamza- tlon be notified in writing of any cancellation or change in the pohcy at least thirty (30) days prior to such change or cancellation Page 13 XIV CONFLICT OF INTEREST A Orgamzat~on covenants that neither ~t nor any member of ~ts governing body presently has any interest, d~rect or lnchrect, wluch would conflict in any manner or degree vath the performance of services reqtured to be performed under tlus Agreement Organization further covenants that in the performance of this Agreement, no person having such Interest shall be employed or ap- pointed as a member of its governing body B Orgamzat~on further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest m or use his/her position for a propose that ~s or gives the appearance of being motivated by desire for private gain for himself/herself, or others, par- ticularly those vath whxch he/she has family, bus~ness, or other t~es C No officer, member, or employee of C~ty and no member of its governing body who exercises any function or responsibilities m the rewew or approval of the undertalang or carrying out of th~s Agreement shall (1) pamc~pate m any decision relating to the Agreement which affects his personal ~nterest or the interest ~n any corporation, parmersh~p, or assocmt~on ~n which he has d~rect or ~nd~rect ~nterest, or (2) have any interest, d~rect or md~rect, in th~s Agreement or the proceeds thereof XV NEPOTISM Organization shall not employ m any prod capacity any person who is a member of the immedi- ate farmly of any person who ~s currently employed by Orgamzatlon, or is a member of Orgamzauon's govermng board The term "member of~mmedmte family" includes wife, husband, son, daughter, mother, father, brother, s~ster, ~n-laws, aunt, uncle, nephew, niece, step-parent, step-cluld, half-brother and half-s~ster XVI NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited m the Umted States mall, postage prepmd, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses CITY ORGANIZATION C~ty of Denton, Texas D~rector Attn C~ty Manager Denton Family Resource Center 215 E McKmney 1213 Locust, State L(1) Denton, TX 76201 Denton, TX 76201 Either party may change its mmhng address by sending not~ce of change of address to the other at the above address by certified mml, return receipt requested Page 14 XVII MISCELLANEOUS A Organlzatton shall not transfer, pledge or otherwise assign thts Agreement or any interest thereto, or any elmm ar, smg thereunder to any party or parUes, bank, trust company or other fi- nanmal lnstltutton wthout the prior written approval of City B If any provlmon of tNs Agreement ~s held to be lnvahd, tllegal, or unenfomeable, the remmnlng prowstons shall remmn m full force and effect and continue to conform to the ongtnal intent of both part,es hereto C In no event shall any payment to Organ~zatton hereunder, or any other act or failure of C~ty to lnslst ~n any one or more ~nstances upon the terms and con&t~ons ofth~s Agreement constttute or be construed tn any way to be a wmver by C~ty of any breach of covenant or default whtch may then or subsequently be committed by Organization Netther shall such payment, act, or omission m any manner lmpmr or prejudme any right, power, privilege, or remedy avmlable to Ctty to enforce tts rights hereunder, wNch rights, powers, prlwleges, or remedies are always specffically preserved No representattve or agent of C~ty may wmve the effect oftNs prow- sion D This Agreement, together wtth referenced exNNts and attachments, consOtutes the entire agreement between the part,es hereto, and any prior agreement, assertion, statement, understand- lng, or other commitment occurnng dunng the term oftNs Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed ~n wnttng, and ~f appropri- ate, recorded as an amendment oftNs Agreement E In the event any dtsagreement or dtspute should arise between the part,es hereto pertmmng to the mterpretatton or meaning of any part oftNs Agreement or ~ts governing rules, codes, laws, ordinances, or regulattons, Ctty as the party ulttmately responmble to HUD for matters of eom- phance, will have the final anthonty to render or to secure an ~nterpretat~on F Tlus Agreement shall be mterpreted m accordance w~th the laws of the State of Texas and venue of any httgat~on concermng ttus Agreement shall be tn a court of competent junsdmt~on mtt~ng tn Denton County, Texas IN WITNESS WH]~REOF, the. parttes do hereby affix their s~gnatures and enter tnto tNs Agreement as of the ~ day of~, 1997 - (/ P~o15 CITY OF DENTON, TEXAS TED BENAVIDES, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT PROUTY, CITY ATTORNEY ~ c//'"4/tx'/~ ta[/'~~ DENTON FAMILY RESOURCE CENTER, BY INC PRESIDENT ATTEST E ~WPD~S~/DFRC Page 16