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1993-219ORDINANCE NO. 903 - Z f 9 AN 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 "Agree- ment" 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 approval. PASSED AND APPROVED this the 744 day of .Ileum-h_~~/ , 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ni .lliAiyl Qi APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: vv~ id-,/ AAA00050 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY FRIENDS OF THE FAMILY 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 "Agency"; WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important service for the residents of Denton without re- gard to race, religion, color, age or national origin, and HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assis- tance and can provide needed services to citizens of the 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 The Agency shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by the 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 emotional and physical trauma of domestic violence. C. Provide counseling services to victims of rape and their domestic. D. Provide community education services concerning rape and domestic violence. E. Agency shall perform those services described in the Work Statement herein attached as Exhibit A. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Thirty-three Thousand and No/100 ($33,000.00) Dollars paid to the Agency by the 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 for herein. Agency 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 for the City of Denton 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 the 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 the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency'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 the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1993 through September 30, 1994. PAGE 2 IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator: $8,250,00 on or after January 1, 1994 $8,250,00 on or after April 1, 1994 $8,250,00 on or after July 1, 1994 $8,250,00 on or after September 30, 1994. B. it is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Thirty-three Thousand and No/100 Dollars ($33,000.00) for all of the services rendered. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and reports or copies thereof: A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. 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. PAGE 3 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. The Agency 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. DIRECTOR'S MEETINGS During the term of this Contract, the P. delivered to the City copies of all noti Board of Directors, setting forth the an notice shall be delivered to the City in adequate notice, and shall include an description of the matters to be discussed. agrees that City representatives shall be Board of Director's meetings. lency shall cause to be :es of meetings of its i place thereof. Such timely manner to give agenda and a brief Agency understands and afforded access to all Minutes of all meetings of the Agency's governing body shall be available to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this agreement. PAGE 4 VIII. EQUAL OPPORTUNITY A. Agency 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 Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the 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 the Agency's non-compliance with the non-discrimination requirements, the Agreement may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency 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. The Agency 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. The Agency 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. C. No officer, member, or employee of the 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 Contract or the proceeds thereof. X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. PAGE 5 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 deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Agency or City, as the case may be, at the following addresses: CITY City of Denton, Texas Atn: City Manager 215 E. McKinney Denton, TX 76201 Either party may change its of change of address to the other mail, return receipt requested. AGENCY Director Friends of the Family P. 0. Box 623 Denton, TX 76202 mailing address by sending notice at the above address by certified IN WITNESS WHEREOF, the parties do hereby affix their signa- tu7]^~es and enter into this Agreement as of the '76A day of T16e.M hu.J 1993. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: a~L PAGE DENTON COUNTY FRIENDS OF THE FAMILY BY: 4f DIRECTO ATTEST: BY: ALG-. / / i3vi r l i S CRETARY AAA00050 PAGE 7 EXHIBIT A WORK STATEMENT FRIENDS OF THE 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.