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1997-269 ORDINANCE NO q AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided m the City Budget for the appropnaUon of funds to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECT. iONH That the numbered items m the following numbered bids for materials, eqmpment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM B!I2MBER ]5IO_ ~ AMOUNT 2096 ALL DENTON COUNTY FRIENDS OF THE $40,000 00 FAMILY, INC ~ That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SEC. X. ION2II That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted ~ That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the City Council hereby authorizes the expendxture of funds therefor m the amount and m accordance v~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That flus ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED th~s day of ,1997 JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE SEPTEMBER 9, 1997 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Kathy DuBose, Assistant City Manager of Finance SUBJECT BID #2096 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION RECOMMENDATION: We recommend this b~d be awarded to the smgle respondent, Denton County Friends of the Family, Ine, m the amount of $40,000 00 SUMMARY: Tlus bid Is to provide shelter and protective services to assist victims of domestic violence and sexual assault, as well as programs to reduce the incidence of domestic violence and sexual assault PROGRAMS~. I~EPARTMENTS OR GROUPS AFFECTEI)~ Denton County Friends of the Family, Inc, CDBG D~ws~on, and Cmzens of Denton utilizing the service ~ALAMRAC~ General Fund momes have been appropriated for this program Account # 100-051-015M-8931 Respectfully submitted Assistant City Manager of Finance Approved Name Tom D Shaw, C P M Title Purchasing Agent 923 AGENDA 1997 1998 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS ~ DENTON COUNTY FRIENDS OF THE FAMILY, INC. This Agreement as hereby entered anto by and between the Caty of Denton, Texas, a Home Rule Munlcapal Corporataon, hereInafter referred to as "City", and Denton County Fraends of the Family, Inc , a non-profit corporataon, p 0 Box 623, Denton, Texas 76202, hereinafter referred to as ,,Organization", WHEREAS, Caty's Human Servaces Committee ("HSC") has reviewed the proposal for services and has determaned that Organazataon per- forms an important service for the residents of Denton wathout re- gard to race, relagaon, color, age or national oragln, and HSC recommends the purchase of services, and WHEREAS, Caty has determined that the proposal for servaces merits assastance and can provide needed services to citizens of Caty and has provided funds an ars budget for the purpose of paying for contractual services, NOW, THEREFORE, the partaes hereto mutually agree as follows I SCOPE OF SERVICES Organlzataon shall an a satasfactory and proper manner perform the followang tasks, for which the monies provided by City may be used A Provide emergency resadentaal shelter to women and thear chaldren, who are victims of domestic vaolence B Provide counseling, on both a resadentlal and non- residential basas, to famaly members, to assast them in dealang with the emotional and physacal trauma of domestac vaolence C Provade counselang services to vactlms of rape and their families D. Provide community educataon services concerning rape and domestac vaolence Organization shall perform those services descrabed an the Work Statement herean attached as Exhablt A II OBLIGATIONS OF ORGANIZATION In conslderataon of the receipt of funds from Caty, Organiza- tion agrees to the followang terms and condltaons A Forty Thousand Dollars(S40,000) may be paid to Organlzatzon by C~ty, and the only expenditures reimbursed from these funds, shall be those ~n accordance w~th the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses l~sted ~n the scope of servzces as provided here~n Organization shall not utilize these funds for any other purpose B It wlll establish, operate, and maintain an account system for this program that w~ll allow for a tracing of funds and a revzew of the financial status of the program C It will permit authorized offzc~als of City to review books at any t~me D It will reduce to writing all of 1ts rules, regulations, and policies and file a copy with Clty's Community Development Offzce along with any amendments, additions, or revzslons whenever adopted E It w~ll not enter znto any contracts that would encumber C~ty funds for a period that would extend beyond the term of th~s Agreement F It will promptly pay all bills when submitted unless there is a discrepancy zn a bill, any errors or discrepancies zn bzlls shall be promptly reported to City's Executive Director of F~nance, or her authorized representative, for further d~rect~on G It will appoznt a representative who w~ll be available to meet with Czty's Executzve D~rector of F~nance and other City off~clals when requested H It wzll ~ndemnlfy and hold harmless C~ty from any and all claims and su~ts arising out of the activities of Organization, ~ts employees, and/or contractors I It will submit to C~ty coples of year-end audited financial statements III TIME OF PERFORMANCE The servlces funded by Czty shall be undertaken and completed by Organization within the following t~me frame October 1, 1997 through September 30, 1998, unless the contract is sooner terminated under Section VII "Suspension or Termination" PAGE 2 IV PAYMENTS A PAYMENTS TO ORGANIZATION Czty shall pay to Organ~zatzon a maxzmum amount of money not to exceed Forty Thousand Dollars ($40,000) for services rendered under th~s Agreement City will pay these funds on a rezmbursement bas~s to Organization w~thln twenty days after C~ty has received supportzng documentation Organization's failure to request rezmbursement on a timely baszs, may jeopardize present or future funding B EXCESS PAYMENT Organ~zatzon shall refund to Czty w~th~n ten (10) working days of C~ty's request, any sum of money whzch has been pa~d by City and which City at any t~me thereafter determines l) has resulted in overpayment to Organization, or 2) has not been spent strictly ~n accordance wzth the terms of th~s Agreement, or 3) ~s not supported by adequate documentation to fully justify the expenditure C Organization's rezmbursement request for any one month period w~ll not exceed one-flfth (1/5) of any budgeted lzne ~tems for costs as specified zn Exhzb~t B D DEOBLIGATION OF FUNDS In the event that actual expenditures devzate from Organ~zatzon's provision of a corresponding level of performance, as specified zn Exhibit A, C~ty hereby reserves the rzght to reapproprlate or recapture any such under expended funds E. CONTRACT CLOSE OUT Organzzat~on shall submit the contract close out package to Czty, together with a fznal expenditure report, for the t~me per~od covered by the last ~nvo~ce requesting reimbursement of funds under thzs Agreement, wlthzn fifteen (15) working days following the close of the contract period Organiza- tion shall utilize the form agreed upon by City and Organization V EVA__~ATION Organization agrees to participate ~n an ~mplementat~on and maintenance system whereby the services can be contznuously monz- tored Organization agrees to make avazlable ~ts financial records for review by Czty at Clty's dlscretlon In addition, Organzzatlon agrees to provzde City the following data and reports, or cop~es thereof A All external or znternal audzts Organzzat~on shall submzt a copy of the annual independent audit to City within ten (10) days of receipt PAGE 3 B All external or internal evaluation reports C Quarterly performance/beneficiary reports to be submztted in January, Aprzl, July and September, to include the followzng data D Organization agrees to submit quarterly f~nanclal statements · n January, April, July, and September Each statement shall include current and year-to-date period accountzng of all revenues, expenditures, outstanding obllgatzons and begznnlng and ending balances E An explanation of any ma]or changes in program services F To comply with thls section, Organization agrees to maznta~n records that will provide accurate, current, separate, and complete dIsclosure of the status of funds received and the servzces performed under th~s Agreement Organ~zatlon's record system shall contazn sufficient documentation to provide zn detail full support and ]ust~flcatlon for each expenditure Organzzatlon agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expendIture of funds under th~s Agreement for the perzod of tzme and under the condltzons specified by the City G Nothing in the above subsections shall be construed to relieve Organization of respons~bzllty for retazn~ng accurate and current records which clearly reflect the level and benefit of services provided under th~s Agreement VI DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to C~ty copies of all notlces of meetzngs of zts Board of DIrec- tors, setting forth the tzme and place thereof Such not~ce shall be delzvered to C~ty ~n a tlmely manner to g~ve adequate notice, and shall lnclude an agenda and a brief description of the matters to be d~scussed Organzzatzon understands and agrees that City's representatIves shall be afforded access to all meetlngs of its Board of Directors Minutes of all meetlnge of Organization's governing body shall be available to Czty within ten (10) working days of approval VII SUSPENSION OR TERMINATION A The C~ty may terminate thzs Agreement w~th cause if the Organization vzolates any covenants, agreements, or guarantees of this Agreement, the Organlzatlon 's ~nsolvency or f~l~ng of bankruptcy, dissolutIon, or recezversh~p, or the Organization's PAGE 4 v~olat~on of any law or regulation to which zt zs bound under the terms of th~s Agreement B The Clty may terminate this Agreement for convenience at any time If thls Agreement is termlnated for convenlence by the Czty, Organization w~ll be pa~d an amount not to exceed the total amount of accrued expendztures as of the effective date of termination In no event w~ll thzs compensation exceed an amount which bears the same ratio to the total compensatzon as the services actually performed bears to the total services of Organzzat~on covered by the Agreement, less payments previously made In case of suspension, Czty shall advise Organ~zatzon, ~n wrzt~ng, as to condztlons precedent to the resumptzon of fundzng and speczfy a reasonable date for complzance In case of termznatlon, Organzzatzon wall remit to Czty any unexpended C~ty funds Acceptance of these funds shall not constitute a walver of any clalm City may otherwise have arlszng out of th~s Agreement VIII EOUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Organ~zatlon wlll submzt for C~ty approval, a written plan for complzance with the Equal Employment and Affzrmat~ve Actzon Federal provisions, w~th~n one hundred twenty (120) days of the effective date of this Agreement B Organzzatzon shall comply w~th all applicable equal employ- ment opportunity and affirmatzve actlon laws or regulatlons C Organlzat~on will furnish all ~nformat~on and reports requested by C~ty, and wall permit access to ~ts books, records, and accounts for purposes of znvestlgat~on to ascertain compliance w~th local, State and Federal rules and regulations D In the event of Organization's non-complzance w~th the non-dlscrlm~natlon requmrements, the Agreement may be canceled, terminated, or suspended ~n whole or ~n part, and Organ~zatzon may be barred from further contracts w~th C~ty IX WARRANTIES ORGANIZATION represents and warrants that A All lnformatzon, reports and data heretofore or hereafter requested by Czty and furnished to C~ty, are complete and accurate as of the date shown on the znformatlon, data, or report, and, slnce that date, have not undergone any slgnlf~cant change wlthout wrztten not~ce to City PAGE 5 B Any supportln9 fznanczal statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operatIon for the per~od covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization C No l~tlgat~on or legal proceedings are presently pending or threatened against Organization D None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any ex~st~ng indenture or agreement of Organization E Organization has the power to enter into th~s Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement F None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment X CHANGES AND AMENDMENTS A Any alteratIons, addItions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used B Organization may not make transfers between or among approved llne-~tems within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City Organization shall request, writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement C Organization w~ll submit revised budget and program ~nformat~on, whenever the level of funding for Organization or the program(s) described here~n is altered according to the total levels contained in any portion of Exhibit B PAGE 6 D It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation E City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section F Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of C~ty G Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change H Organization shall notify City of any changes in personnel or governing board composition I It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs w~ll be permitted XI. ~TION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its o£ficers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, a~y claims, audit exceptions, demands, suits or damages of any charaoter whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program PAGE 7 administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. XII INSURANCE A Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement B The premises on and in which the activities described ~n Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as .Owner/Tenant" coverage w~th City named as an additional insured Upon request of Organization, C~ty may, at its sole discretion, approve alternate insurance coverage arrangements C Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable D Organization will maintain adequate and continuous l~ablllty insurance on all vehicles owned, leased, or operated by Organization All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability insurance Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's f~les 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 policy or policies of insurance shall contain a clause which requires that City and Organlzat~on be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation XIII CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body PAGE 8 B Organ~zataon further covenants that no member of ars governing body or ~ts staff, subcontractors or employees shall possess any ~nterest an or use has/her poslt~on for a purpose that is or g~ves the appearance of beang motivated by desare for pravate gain for h~mself/herself, or others, particularly those with whach he/she has famaly, business, or other t~es C No officer, member, or employee of City and no member of ats governing body who exercases any function or responsibilities an the review or approval of the undertaking or carrying out of this Agreement shall (1) participate an any declsaon relating to the Agreement which affects his personal ~nterest or the anterest an any corporation, partnershap, or assocaataon in which he has d~rect or ~ndirect anterest, or (2) have any interest, d~rect or indirect, in this Agreement or the proceeds thereof XIV NEPOTISM Omganlzatlon shall not employ in any paid capacity any person who is a member of the ~mmedaate family of any person who as cur- rently employed by Organization, or is a member of Organization's governing board The term "member of ~mmed~ate famaly" ancludes w~fe, husband, son, daughter, mother, father, brother, saster, in-laws, aunt, uncle, nephew, naece, step-parent, step-child, half-brother and half-saster XV NOTICE A/%y not~ce 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 recezved or not, when deposi- ted an the Unated States mall, postage prepaad, registered or cer- tified, return receipt requested, addressed to Organlzataon or Caty, as the case may be, at the following addresses CITY ORGANIZATION Czty of Denton, Texas Director Attn Caty Manager Denton County Friends of the Family Inc 215 E. McKlnney P O Box 640 Denton, TX 76201 Denton, Texas 76202 Either party may change its maallng address by sending notice of change of address to the other at the above address by certified maal, return receipt requested xw PAGE 9 A Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arzslng thereunder to any party or parties, bank, trust company or other flnanczal lnstltutlon wlthout the przor written approval of C~ty B If any provision of this Agreement ~s held to be znvalzd, zllegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the orzglnal intent of both partzes hereto C In no event shall any payment to Organization hereunder, or any other act or failure of Clty to znslst zn any one or more znstances upon the terms and condltzons of thzs Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization Nezther shall such payment, act, or omission in any manner impair or pre3udlce any right, power, przvllege, or remedy available to Czty to enforce its rights hereunder, whmch rlghts, powers, prlvzleges, or remedies are always specmflcally preserved No representatmve or agent of Cmty may wazve the effect of this provision D Thzs Agreement, together wzth referenced exhibits and attachments, constltutes the entzre agreement between the parties hereto, and any prior agreement, assertion, statement, understand- lng, or other commitment occurrzng durzng the term of thms Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in wrLtmng, and if appropri- ate, recorded as an amendment of thzs Agreement E In the event any dzsagreement or dzspute should arise between the partzes hereto pertalnzng to the interpretation or meanzng of any part of thzs Agreement or its governzng rules, codes, laws, ordinances, or regulations, Czty as the party ultimately responsible to HUD for matters of compliance, wzll have the fmnal authorzty to render or to secure an interpretation F This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any lltzgatzon concerning thzs Agreement shall be in a court of competent 3urlsdlctzon slttzng zn Denton County, Texas IN WITNESS WHEREOF, the partmes do hereby af~/~thezr s~gna- tures and enter znto this Agreement as of the~fL day of CITY OF DENTON, TEXAS PAGE 10 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT PROUTY, CITY ATTORNEY DENTON COUNTY FRIENDS OF THE FAMILY INC D Interim Executive Director ATTEST BY _~ SECRETARY PAGE 11 EXHIBIT "A" WORK STATEMENT DENTON COUNTY FRIENDS OF THE FAMILY Denton County Friends of the Family, Inc Prowdes a full realm of services to victims of family violence and sexual assault The services prowded free of charge to wet,ms xnclude a 24-hour, 7 day a week hothne, an emergency shelter for women and thear children who are m danger due to family wolenee, ehfldran's programs m the shelter and outreach offices, ~nd~wdual program and group cotmselmg for wetlms, a sexual assault recovery program which includes rape cns~s ~nterventlon 24-hours a day, aecompamment and advocacy throughout the legal system, homemaker serwees for referred CPS eases, and parenting educataon In addltxon to the above serwees prowded for v~et~ms, md~wdual and group therapy ~s prowded for family v~olenee offenders based on a shdmg fee scale EXHIBIT "B" DENTON COUNTY FRIENDS OF THE FAMILY GENERAL FUND BUDGET C~ty of Denton Ftmdmg $ 40,000 00 Monthly Request $ 3,333 33 Monthly Expenses D~reetor of Family V~olence $ 833 33 D~reetor of Sexual Assault $ 416 67 D~rector of Children and Adolescent Services $ 416 67 Shelter D~rector $ 833 33 Shelter Famdy V~olence Counselor $ 416 67 Shelter Children's Counselor $ 416 66 Total $ 3,333 33 OCT O 8 1997 DE ~ r_.. LoP~M E NT