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