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.