1992-187AN 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:
SEC 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.
~ That the City Council authorizes the expendlture of
funds In the manner and amount as specified in the Agreement
~ That this ordinance shall become effective ~mme-
dlately upon its passage and approval.
PASSED AND APPROVED this thei~l~ day of ~, 1992.
BOB CASTLEBERRY, MAYOR /
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DEBI~A. DRAYOVITCH, CITY ATTORNEY
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 servlce 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 c~tlzens of the C~ty 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 family violence.
B. Provide counsellng, on both a resldentlal and nonresidential
basis, to family members, to assist them in dealing with the
emotional and physical trauma of family violence.
C. Provide counseling services to v~ctlms of rape and their
families.
D. Provide community education services concerning rape and
family vlolence.
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 establlsh a separate bank account for deposit of the
Thirty-two Thousand Slx Hundred Seventy and No/100 ($32,670.00)
Dollars paid to the Agency by the City and the only expenditures
from th~s account, until such time as said funds are exhausted,
shall be for those expenses listed in the scope of services as
provlded 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 w~ll establish, operate, and maintain an account system
for th~s program that w~ll allow for a tracing of funds and a
review of the financlal status of the program
C. It will permit authorized officials for the Clty of Denton
to review lts books at any time.
D. It will reduce to writing all of ~ts rules, regulations, and
policies and file a copy with the Clty's Communlty Development
Offlce along w~th any amendments, additions, or revisions whenever
adopted.
E. It will not enter into any contracts that would encumber the
City funds for a per~od that would extend beyond the term of thls
Agreement.
F. At the dlscretlon of the c~ty, the Agency may be required to
refund the balance of the special account to the C~ty of Denton at
the end of the Agency's fiscal year
G It w~ll promptly pay all bills when submltted unless there
· s a d~screpancy ina b~ll; any errors or discrepancies in bllls
shall be promptly reported to the Executive D~rector of Finance or
h~s authorlzed representatlve for further direction
H. It will appolnt a representative who will be available to
meet with the Executive Director of F~nance and other City
officials when requested.
I. It will ~ndemnify and hold harmless the city from any and
all claims and su~ts arising out of the activities of the Agency,
lts employees, and/or contractors.
J. It will submit to the city of Denton copies of year-end
audited flnanclal statements.
III. TIME OF PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the followlng time frame.
October 1, 1992 through September 30, 1993.
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:
$8,167.50 on or after January l, 1993
$8,167.50 on or after April 1, 1993
$8,~67.50 on or after July 1, 1993
$8,~67.50 on or after September 30, 1993.
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-two Thousand Slx Hundred
Seventy and No/100 Dollars ($32,670.00) 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. ~
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/or reports:
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 ~nternal 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. Hotllne crisis line:
a. Total number of calls.
b. Number of family violence calls.
c Number of batterers calls.
d. Number of sexual assault calls.
PAGE 3
3. Outreach services, number of
a. Family violence calls, number of
b. sexual assault victims served.
c. batterers served.
d. Total clients counseling hours.
e. Homemaker's clients served and number of hours
served.
f. Adult parenting clients served.
g. 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 ma]or changes in program services.
F. An explanation of use of funds to provide additional
services.
VI. DIRECTOR'S MEETINGS
During the term of this Contract, the Agency shall cause to be
delivered to the City copies of all notices of meetings of its
Board of Directors, setting forth the time and place thereof. Such
notice shall be delivered to the city in a timely manner to give
adequate notice, and shall include an agenda and a brief
description of the matters to be discussed. Agency understands and
agrees that city representatives shall be afforded access to all
Board of Director's meetings.
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. EOUAL OPPORTUNITY
A. Agency will submit for Cmty approval, a wrmtten plan for
compliance with the Equal Employment and Affirmatmve Action Federal
provmsions, withmn one hundred twenty (120) days of the effectmve
date of thms Contract.
B. Agency shall comply with all applmcable equal employment
opportunmty and affirmative action laws or regulations.
C. Agency will furnish all mnformatmon and reports requested by
the city, and will permit access to mts books, records, and
accounts for purposes of mnvestmgation to ascertamn compliance with
local, state and Federal rules and regulatmons.
D. In the event of the Agency's non-complmance wmth the
non-dmscrimmnatmon requirements, the Contract may be cancelled,
termmnated, or suspended in whole or mn part, and the Agency may be
barred from further contracts with the Cmty.
IX. CONFLICT OF INTEREST
A. The Agency covenants that neither bt nor any member of mts
governmng body presently has any interest, dmrect or mndlrect,
whmch would conflmct in any manner or degree wmth the performance
of servmces requmred to be performed under this Contract. The
Agency further covenants that mn the performance of thms Contract,
no person having such mnterest shall be employed or appomnted as a
member of its governing body.
B. The Agency further covenants that no member of its governmng
body or mts staff, subcontractors or employees shall possess any
mnterest in or use his posmtion for a purpose that ms or gmves the
appearance of being motmvated by desmre for prmvate gamn for
hmmself, or others; particularly those with whmch he has famlly,
busmness, or other ties.
C. No offmcer, member, or employee of the Cmty and no member of
mts governing body who exercmses any function or responsibmlmties
mn the review or approval of the undertaking or carrymng out of
thms Contract shall (1) partlcmpate in any decmslon relatmng to the
Contract which affects his personal mnterest or the mnterest in any
corporation, partnership, or assoc~atmon in which he has direct or
mndirect mnterest; or (2) have any interest, dmrect or lndmrect, mn
thms Contract or the proceeds thereof.
X. ~
Agency shall not employ mn any pald capacmty any person who ms
a member of the immediate family of any person who ms currently
employed by Agency, or is a member of Agency's governmng 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.
IN WITNESS WHEREOF, the parties do hereby~heir slgna-
tuA~es and ~nter into this Agreement as of the~ day of
~1992.
CITY OF DENTON, TEXAS
BY: ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTO~EY
BY: ~~JJDENTON CO~TY FRIENDS OF THE
FAMILY
ATTEST:
BY:
SECRETARY
AAAO0050
PAGE 6