1994-240AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best
interest of the citizens of the City to provide public funds to
Denton County Friends of the Family, in consideration of the valu-
able public services to be furnished by Denton County Friends of the
Family to the City of Denton in accordance with the Agreement
attached hereto; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the Agreement
attached hereto, between the City of Denton and Denton County
Friends of the Family, and authorizes the Mayor to execute said
Agreement.
SECTION II. That the City Council authorizes the expenditure of
funds in the manner and amount as specified in the Agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approva~l.~
PASSED AND APPROVED this th~ay~k~/~c" of~, 1994.
BOB' CASTLEBERRY, MAY~ ~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
AGREEMENT BETWEEN THE
CITY OF DENTON, TEX~,S ~'D DENTON
COUNTY FRIENDS OF THE F~IILY
This Agreement is hereby entered into by and between the City
of Denton, Texas, a Home Rule Municipal Corporation, hereinafter
referred to as "City", and the Denton County Friends of the Family,
a non-profit corporation, P. O. Box 623, Denton, Texas 76202,
hereinafter referred to as "Organization";
WHEREAS, City's Human Services Committee (HSC) has reviewed the
services of Organization and has determined that Organization per-
forms an important service for the residents of Denton without re-
gard to race, religion, color, age or national origin, and HSC
recommends funding Organization; and
WHEREAS, City has determined that Organization merits assis-
tance and can provide needed services to citizens of City and has
provided funds in its budget for the purpose of paying for
contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform
the following tasks, for which the monies provided by city may be
used:
A. Provide emergency residential shelter to women and their
children, who are victims of domestic violence.
B. Provide counseling, on both a residential and nonresidential
basis, to family members, to assist them in dealing with the emo-
tional and physical trauma of domestic violence.
C. Provide counseling services to victims of rape and their
families.
D. Provide community education services concerning rape and
domestic violence.
E. Organization shall perform those services described in the
Work Statement herein attached as Exhibit A.
II. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organiza-
tion agrees to the following terms and conditions:
A. It will establish a separate bank account for deposit of the
Thirty-three Thousand Dollars ($33,000.00) paid to Organization by
City, and the only expenditures from this account, until such time
as said funds are exhausted, shall be for those expenses listed in
the scope of services as provided herein. Organization shall not
commingle funds received from other sources in this account and
shall not utilize these funds for any other purpose.
B. It will establish, operate, and maintain an account system
for this program that will allow for a tracing of funds and a
review of the financial status of the program.
C. It will permit authorized officials of City to review its
books at any time.
D. It will reduce to writing all of its rules, regulations, and
policies and file a copy with City's Community Development Office
along with any amendments, additions, or revisions whenever
adopted.
E. It will not enter into any contracts that would encumber
City funds for a period that would extend beyond the term of this
Agreement.
F. At the discretion of City, Organization may be required to
refund the balance of the special account to City at the end of
Organization's fiscal year.
G. It will promptly pay all bills when submitted unless there
is a discrepancy in a bill; any errors or discrepancies in bills
shall be promptly reported to City's Executive Director of Finance,
or her authorized representative, for further direction.
H. It will appoint a representative who will be available to
meet with City's Executive Director of Finance and other City
officials when requested.
I. It will indemnify and hold harmless City from any and all
claims and suits arising out of the activities of Organization, its
employees, and/or contractors.
J. It will submit to City copies of year-end audited financial
statements.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken by Organization
within the following time frame:
October 1, 1994 through September 30, 1995.
PAGE 2
IV. PAYMENTS
A. Payments to Organization. City shall pay to Organization
a maximum amount of money totaling Thirty-three Thousand Dollars
($33,000.00) for services rendered under this Agreement. City will
pay these funds on a reimbursement basis to Organization within
twenty days after City has received supporting documentation.
Organization's failure to request reimbursement on a timely basis,
may jeopardize present of future funding.
B. 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 spent strictly in accordance with the terms of
this Agreement; or
3) is not supported by adequate documentation to fully
justify the expenditure.
C. During any one month period, Organization will not request
more than one-fifth (1/5) of any budgeted line items for costs as
specified in Exhibit "B".
D. Deobligation of Funds. In the event that actual expendi-
tures deviate from Organization's provision of a corresponding
level of performance, as specified in Exhibit A, City hereby
reserves the right to reappropriate or recapture any such under-
expended funds.
E. Contract Close Out. Organization shall submit the contract
close out package to City, together with a final expenditure
report, for the time period covered by the last invoice requesting
reimbursement of funds under this Agreement, within fifteen (15)
working days following the close of the contract period. Organiza-
tion shall utilize the form agreed upon by City and Organization.
V. EVALUATION
Organization agrees to participate in an implementation and
maintenance system whereby the services can be continuously moni-
tored. Organization agrees to make available its financial records
for review by City at City's discretion. In addition, Organization
agrees to provide City the following data and reports, or copies
thereof:
A. Ail external or internal audits. Organization shall submit
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 reports to be submitted in January,
April, July and September, to include the following data:
1. Shelter services:
a. Total number of clients served.
b. Number of shelter days.
c. Number of client counseling hours.
2. Hotline crisis line:
a. Total number of calls.
b. Number of family violence calls.
c. Number of batterer calls.
d. Number of sexual assault calls.
3. Outreach services:
a. Number of family violence calls.
b. Number of sexual assault victims served.
c. Number of batterers served.
d. Number of total clients counseling hours.
e. Number of homemaker's clients served and number
of hours served.
f. Number of adult parenting clients served.
g. Number of total parenting hours.
4. Number of volunteers.
5. Number of volunteer hours.
6. Race and/or ethnicity of clients.
D. Organization agrees to submit quarterly financial statements
in January, April, July, and September. Each statement shall
include current and year-to-date period accounting of all revenues,
expenditures, outstanding obligations and beginning and ending
balances.
E. An explanation of any major changes in program services.
VI. DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver
to City copies of all notices of meetings of its Board of Direc-
tors, setting forth the time and place thereof. Such notice shall
be delivered to City in a timely manner to give adequate notice,
and shall include an agenda and a brief description of the matters
to be discussed. Organization understands and agrees that City's
representatives shall be afforded access to all meetings of its
Board of Directors.
PAGE 4
Minutes of all meetings of Organization's governing body shall
be available to City within ten (10) working days of approval.
VII. SUSPENSION OR TERMINATION
In case of suspension, City shall advise Organization, in
writing, as to conditions precedent to the resumption of funding
and specify a reasonable date for compliance.
In case of termination, Organization will remit to City any
unexpended City funds. Acceptance of these funds shall not
constitute a waiver of any claim City may otherwise have arising
out of this Agreement.
VIII. EQUAL OPPORTUNITY
A. Organization will submit for City approval, a written plan
for compliance with the Equal Employment and Affirmative Action
Federal provisions, within one hundred twenty (120) days of the
effective date of this Agreement.
B. Organization shall comply with all applicable equal employ-
ment opportunity and affirmative action laws or regulations.
Co Organization will furnish all information and reports
requested by City, and will permit access to its books, records,
and accounts for purposes of investigation to ascertain compliance
with local, State and Federal rules and regulations.
D. In the event of Organization's non-compliance with the
non-discrimination requirements, the Agreement may be cancelled,
terminated, or suspended in whole or in part, and Organization may
be barred from further contracts with City.
IX. 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.
B. Organization further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or others; particularly those with which he has
family, business, or other ties.
PAGE 5
C. No officer, member, or employee of City and no member of its
governing body who exercises any function or responsibilities in
the review or approval of the undertaking or carrying out of this
Agreement shall (1) participate in any decision relating to the
Agreement which affects his personal interest or the interest in
any corporation, partnership, or association in which he has direct
or indirect interest; or (2) have any interest, direct or indirect,
in this Agreement or the proceeds thereof.
X. NEPOTISM
Organization shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is cur-
rently employed by Organization, or is a member of Organization's
governing board. The term "member of immediate family" includes:
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister.
XI. 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 deposi-
ted in the United States mail, postage prepaid, registered or cer-
tified, return receipt requested, addressed to Organization or
City, as the case may be, at the following addresses:
CITY ORGANIZATION
City of Denton, Texas Director
Attn: City Manager Friends of the Family
215 E. McKinney P.O. Box 623
Denton, TX 76201 Denton, TX 76202
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
IN WITNESS WHEREOF, the parties do hereby af~,~t~eir signa-
tu~esand,enter into this Agreement as of the~'- day of
.%/__)~F~/3394--.-v - , 1994.
CITY OF DENTON, TEXAS
PAGE 6 BOB CASTLEBERRY, MA~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
DENTON COUNTY FRIENDS OF THE
FAM I LY/% .~
ATTEST:
BY:
SECRETARY
PAGE 7
EXHIBIT A
WORK STATEMENT
FRIENDS OF TIlE FAMILY
Denton County Friends of the Family, Inc. provides a full realm of services to victims of family
violence and sexual assault. The services provided free of charge to victims include a 24-hour, 7
day a week hotline, an emergency shelter for women and their children who are in danger due to
family violence, children's programs in the shelter and outreach offices, individual program and
group counseling for victims, a sexual assault recovery program which includes rape crisis
intervention 24-hours a day, accompaniment and advocacy throughout the legal system,
homemaker services for referred CPS cases, and parenting education. In addition to the above
services provides for victims, individual and group therapy is provided for. family violence
offenders based on a sliding fee scale.
EXHIBIT "B"
DENTON COUNTY FRIENDS OF THE FAMILY
GENERAL FUND BUDGET
City of Denton Funding $33,000.00
Monthly Request $2,700.00
Monthly Expenses
Director of Family Violence $416.67
Director of Sexual Assault $333.33
Director of Battering Interruption $750.00
Director of children and Adolescent Services $833.33
Director of Family Services $416.67
Total $2,750.00
PAGE 9