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