1990-1752849L
ORDINANCE NO. Q Xrte'
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
valuable 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
immediately upon its passage and approval.
PASSED AND APPROVED this the &-tr day of , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.,O&L &4L.40-44
BOB CASTLEBERRY, MAYOR
BY
APPR V D AS LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
V7:
2849L
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 hereinafter referred to as "Agency";
WHEREAS, the City's Human Resources Committee (HRC) has
reviewed the services of the Agency and has determined that the
Agency performs an important service for the residents of Denton
without regard to race, religion, color, age or national origin,
and HRC recommends funding the Agency; and
WHEREAS, the City has determined that the Agency merits
assistance 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 family violence.
B. Provide counseling, on both a residential and non-
residential basis, to family members, to assist them in dealing
with the emotional and physical trauma of family violence.
C. Provide counseling services to victims of rape and their
families.
D. Provide community education services concerning rape and
family violence.
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 ($31,700.00) 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 Executive Director
of Finance or his authorized representative 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, 1990 through September 30, 1991.
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 pay-
ment by letter addressed to: City of Denton, 110 West Oak, Suite
B. Denton, Texas 76201, Attn: Community Development Coordinator:
$7,925 on or after January 1, 1991
7,925 on or after April 1, 1991
7,925 on or after July 1, 1991
$7,925 on or after September 30, 1991.
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 ($31,700.00) 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/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 internal evaluation reports.
C. Quarterly performance reports to be submitted in January,
April, July and September, to include the following data:
1. Total number of clients served.
2. Residential-Number of women over seventeen (17) housed.
3. Number of children under seventeen (17) housed.
4. Average length of stay of persons housed.
5. Disposition of case.
6. Non-Residential Family Counseling-Number of clients.
PAGE 3
7. Non-Residential Individual Counseling-Number of
clients.
8. Number of telephone calls related to family violence.
9. Income level correlated to Texas Department of Human
Resources and Health & Human Services Poverty
Guidelines.
10. Number below poverty level and number above poverty
level.
11. Number of rape cases.
12. Other appropriate information such as number of
volunteer hours, major donations, fund raising
efforts, community education programs, and new program
developments.
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.
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 submitted 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.
PAGE 4
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.
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 Contract 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 Contract. The
Agency further covenants that in the performance of this
Contract, 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 responsi-
bilities in the review or approval of the undertaking or carrying
out of this Contract shall (1) participate in any decision
relating to the Contract 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.
PAGE 5
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 cur-
rently employed by Agency, or is a member of Agency'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.
IN WITNESS WHEREOF, the parties do hereby affi eir
sign tures and enter into this Agreement as of the,th day
of , 1990.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY. r
APPR ?":,D 'PTO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
ATTEST:
BY:
SECRETARY
BY:
DEN ON COUNTY FRIEI~IDS OF THE
F Y
Y Lv C_ -
(Y,~,
:.i/ DIRECTOR
PAGE 6