2004-337ORDINANCE NO. c~O0~ ~
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE DENTON COUNTY FRIENDS OF THE FAMILY
FOR COUNSELING AND CASE MANAGEMENT TO VICTIMS OF DOMESTIC VIOLENCE
FOR LOW TO MODERATE INCOME FAMILIES; FINDING AN EXEMPTION FROM PUBLIC
BIDDING REQUIREMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton County Friends of the Family, a Texas non-profit corporation, (the
"Organization") provides for professional counseling and case management to victims of domestic
violence for low to moderate income families in the City of Denton, Texas (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreement attached hereto and made a part hereof by reference (the "Public Service Agreement");
and
WHEREAS, the Program is a part of the City's community development program as
authorized by Chapter 373 of the Local Government Code and it helps to eliminate conditions
detrimental to the public health and safety by providing opportunities and services to low to
moderate persons in Denton that would otherwise not be available; and
WHEREAS, the Program and the Public Service Agreement are necessary to preserve and
protect the public health and safety of the City's residents by helping to insure that low to moderate
income families have adequate counseling services for domestic violence; and
WHEREAS, City Council finds that if the Program and the Public Service Agreement are not
available, families would be at risk of further domestic violence, thereby creating a substantial health
and safety risk for citizens of Denton; and
WHEREAS, the Program is supervised and administered by professional personnel which
maintain licenses as counselors or social workers; and
WHEREAS, City Council finds that the Public Service Agreement and the expenditures
provided for in the Agreement are exempt from competitive bidding as a procurement necessary to
preserve or protect the public health or safety of the City's residents under Section 252.022(a)(2) of
the Local Government Code and as a procurement for professional services under Section
252.022(a)(4) of the Local Government Code; and
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
Public Service Agreement serve important municipal and public purposes and am in the public
Page 2
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Public
Service Agreement and to carry out the duties and responsibilities of the City under the Public
Service Agreement, including the expenditure of funds as provided in the Public Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~¢ dayof ~t~~2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
2004-2005 SERVICE AGREEMENT BETWEEN TI-gE
CITY OF DENTON, TEXAS AND
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 Friends of the Family,
P.O. Box 640, Denton, TX 76202, hereinafter referred to as "Organization";
WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the
proposal for services and has detemained that Organization performs an important service for the
residents of Denton without regard to race, religion, color, age or national origin, and HSAC rec-
ommends the purchase of services; and
~qI-IEREAS, City has determined that the proposal for services merits assistance 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:
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:
Ao
Provide protective residential shelter for families with 24-hour service to shelter resi-
dents.
'~rovide counseling, on both a residential and non-residential 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 sexual assault and their families.
Provide community education services concerning sexual assault and domestic violence.
Provide a toll free crisis hotline available 24 hours per day to all individuals in need of
access to domestic violence support issues, information and referral to other services.
Provide child and adolescent treatment services for children ages 3 through 17 include
play therapy, activity therapy, individual and group therapy.
Organization shall perform those services described in the Work Statement herein attached as
Exhibit A.
Page 1 of 19
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OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions:
Twenty Eight Thousand and Nine Hundred Dollars ($28,900.00) may be paid to Organi-
zation by City, and the only expenditures reimbursed from these funds, shall be those in
accordance with the project budget, attached hereto as Exhibit B and incorporated herein
by reference, for those expenses listed in the scope of services as provided herein. Or-
ganization shall not utilize these funds for any other purpose.
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.
It will reduce to writing all of its rules, regulations, and policies and file a copy with
City's Community Development Division along with any amendments, additions, or revi-
sions whenever adopted.
It will not enter into any contracts that would encumber City funds for a period that
would extend beyond the term of this Agreement.
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 Community Develop-
ment Division for further direction.
It will appoint a representative who will be available to meet with City officials when re-
quested.
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.
I..~ It will submit to City copies of year-end audited financial statements.
TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within
the following time frame:
October 1, 2004 through September 30, 2005, unless the contract is sooner terminated
under Section 7 "Suspension or Termination".
Page 2 of 19
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COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Organization shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton.
REPRESENTATIONS
Organization assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement.
The person or persons signing and executing this Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully authorized by Or-
ganization to execute this Agreement on behalf of Organization and to validly and legally
bind Organization to all terms, performances and provisions herein set forth.
City shall have the right, at its option, to either temporarily suspend or permanently ter-
m'mate this Agreement if there is a dispute as to the legal authority of either Organization
or the person signing the Agreement to enter into this Agreement. Organization is liable
to City for any money it has received from City for performance of the provisions of this
Agreement if City has suspended or terminated this Agreement for the reasons enumer-
ated in this Section.
Organization agrees that the funds and resources provided Organization under the terms
of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which
'x:vould have been available to, or provided through, Organization had this Agreement not
· been executed.
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COVENANTS
During the period of time that payment may be made hereunder and so long as any pay-
ments remain unliquidated, Organization shall not, without the prior written consent of
the Community Development Administrator or her authorized representative:
(1)
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Organization now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remain on, or attached to, any
assets of Organization which are allocated to the performance of this Agreement
and with respect to which City has ownership heretmder.
Page 3 of 19
Ac
(2)
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4)
Make any advance or loan to, or incur any liability for any other firm, person, en-
tity or corporation as guarantor, surety, or accommodation endorser.
(5)
Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds paid to Organization by City, unless City authorizes such trans-
fer.
Organization agrees, upon written request by City, to require its employees to attend
training sessions sponsored by the Community Development Division.
PAYMENTS
PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of
money not to exceed Twenty Eight Thousand and Nine Hundred Dollars ($28,900.00) for
services rendered under this Agreement. City will pay these funds on a reimbursement
basis to Organization within 20 days after City has received supporting documentation.
Organization's failure to request reimbursement on a timely basis, may jeopardize present
or future funding.
EXCESS PAYMENT. Organization shall refund to City within ten working days of City's
r0quest, 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 been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Organization's reimbursement request for any one month period will not exceed one-
tenth (1/10) of any budgeted line items for costs as specified in Exhibit B.
DEOBLIGATION OF FUNDSfR.EVERSION OF ASSETS. In the event that actual expenditures
deviate from Organization's provision of a corresponding level of performance, as speci-
fied in Exhibit A, City hereby reserves the right to reappropriate or recapture any such
under expended funds. If City finds that Organization is unwilling and/or unable to com-
ply with any of the terms of this Contract, City may require a refund of any and all
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money expended pursuant to this Contract by Organization, as well as any rema'ming un-
expended funds which shall be refunded to City within ten working days of a written no-
tice to Organization to revert these financial assets. The reversion of these financial as-
sets shall be in addition to any other remedy available to City either at law or in equity for
breach of this Contract.
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 15 working days fol-
lowing the close of the contract period. Organization shall utilize the form agreed upon
by City and Organization.
MAINTENANCE OF RECORDS
Organization agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in compli-
ance with the provisions of Exhibit B, attached hereto, and with any other applicable
Federal and State regulations establishing standards for financial management. Organiza-
,tion's record system shall contain sufficient documentation to provide in detail full sup-
port and justification for each expenditure. Nothing in this Section shall be construed to
relieve Organization of fiscal accountability and liability under any other provision of this
Agreement or any applicable law. Organization shall include the substance of this provi-
sion in all subcontracts.
Organization agrees to retain all books, records, documents, reports, and written ac-
counting procedures pertaining to the operation of programs and expenditures of funds
under this Agreement for five years.
Nothing in the above subsections shall be construed to relieve Organization of responsi-
bility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
At any reasonable time and as often as City may deem necessary, the Organization shall
make available to City, HUD, or any of their authorized representatives, all of its records
and shall permit City, HUD, or any of their authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data re-
quested by said representatives.
Page 5 of 19
REPORTS AND INFORMATION
At such times and in such form as City may require, Organization shall furnish such
statements, records, data and information as City may request and deem pertinent to matters cov-
ered by this Agreement.
: Organization shall submit quarterly beneficiary and financial reports to City no less than
once each three months. The beneficiary report shall detail client information, including race,
income, female head of household and other statistics required by City. The financial report shall
i/~clude information and data relative to all programmatic and financial reporting as of the begin-
ning date specified in Section 1 of this Agreement.
: Unless the City has granted a written exemption, Organization shall submit an audit con-
ducted by independent examiners with ten days after receipt of such.
10.
EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. 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:
All external or intemal audits. Organization shall submit a copy of the annual independ-
ent audit to City within ten days of receipt.
B. All external or internal evaluation reports.
Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City's Community Develop-
ment Division including but not limited to: number of persons or households assisted,
.race, gender, disability status and household income. Beneficiary reports shall be due to
City within 15 working days after the completion of each quarter.
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Organization agrees to submit quarterly £mancial 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.
Financial reports shall be due to City within 15 working days after the completion of each
quarter.
E. An explanation of any major changes in program services.
Page 6 of 19
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To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and
the services performed under this Agreement. Organization's record system shall contain
sufficient documentation to provide in detail full support and justification for each ex-
penditure. Organization agrees to retain all books, records, documents, reports, and
written accounting procedures perta'ming to the services provided and expenditure of
funds under this Agreement for the period of time and under the conditions specified by
the City.
Nothing in the above subsections shall be construed to relieve Organization of responsi-
bility for reta'm'mg accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
11.
DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver to 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 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 r,epresentatives shall be afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Organization's governing body shall be available to City
within 10 days after Board approval.
12.
SUSPENSION OR TERMINATION
The City may terminate this Agreement with cause if the Organization violates any cove-
nants, agreements, or guarantees of this Agreement, the Organization's insolvency or
filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any
law or regulation to which it is bound under the terms of this Agreement.
The City may terminate this Agreement for convenience at any time. If the City termi-
nates this Agreement for convenience, Organization will be paid an amount not to exceed
the total amount of accrued expenditures as of the effective date of termination. In no
event will this compensation exceed an amount, which bears the same ratio to the total
compensation as the services actually performed bears to the total services of Organiza-
tion covered by the Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions prece-
dent to the resumption of funding and specify a reasonable date for compliance.
Page 7 of 19
In case of termination, Organization will remit to City any unexpended City funds. Ac-
ceptance of these funds shall not constitute a waiver of any claim City may otherwise
have arising out of this Agreement.
13.
PERSONNEL POLICIES
Personnel policies shall be established by Organization and shall be available for exami-
nation. Such personnel policies shall:
Be no more liberal than City's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays,
f~inge benefits, vacation and sick leave privileges, and travel; and
B. Be in writing and shall be approved by the governing body of Organization and by City.
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
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.
Organization shall comply with all applicable equal employment opportunity and af-
firmative action laws or regulations.
c;
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 com-
pliance with local, State and Federal rules and regulations.
In the event of Organization's non-compliance with the non-discrimination requirements,
the Agreement may be canceled, terminated, or suspended in whole or in part, and Or-
ganization may be barred from further contracts with City.
15.
WARRANTIES
Organization represents and warrants that:
All information, reports and data heretofore or hereafter requested by City and furnished
to City, are complete and accurate as of the date shown on the information, data, or re-
port, and, since that date, have not undergone any significant change without written no-
tice to City.
Page 8 of 19
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Any supporting financial statements heretofore requested by City and furnished to City,
are complete, accurate and fairly reflect the financial conditions of Organization on the
date shown on said report, and the results of the operation for the period covered by the
report, and that since said date, there has been no material change, adverse or otherwise,
in the financial condition of Organization.
No litigation or legal proceedings are presently pending or threatened against Organiza-
tion.
None of the provisions herein contravene or are in conflict with the authority under which
Organization is doing business or with the provisions of any existing indenture or agree-
ment of Organization.
Organization has the power to enter into this Agreement and accept payments hereunder,
and has taken all necessary action to authorize such acceptance under the terms and con-
ditions of this Agreement.
None of the assets of Organization are subject to any lien or encumbrance of any charac-
ter, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
16.
CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
Organization may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of the Community
Development Administrator for the City. Organization shall request, in writing, the
budget revision in a form prescribed by City, and such request for revision shall not in-
crease the total monetary obligation of City under this Agreement. In addition, budget
revisions cannot significantly change the nature, intent, or scope of the program funded
under this Agreement.
Organization will submit revised budget and program information, whenever the level of
funding for Organization or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit B.
Page 9 of 19
It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective
date specified by the law or regulation.
City may, from time to time during the term of the Agreement, request changes in Exhibit
A which may include an increase or decrease in the amount of Organization's compensa-
tion. Such changes shall be incorporated in a written amendment hereto, as provided in
Subsection A of this Section.
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Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Ex-
hibit B shall require the prior written approval of City.
Organization agrees to notify City of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
Organization shall notify City of any changes in personnel or governing board composi-
tion.
It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs will be
permitted.
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), finn corporation or other entity against Organization, Organization shall give written no-
tice thereof to City within two working days after being notified of such claim, demand, suit or
o~er action. Such notice shall state the date and hour of notification of any such claim, demand,
suit or other action; the names and addresses of the person(s), firm, corporation or other entity
makin~ such claim, or that instituted or threatened to institute any type of action or proceeding;
the bas'is of such claim, action or proceeding; and the name of any person(s) against whom such
claim is being made or threatened. Such written notice shall be delivered either personally or by
mail.
18.
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Organization
shall save and hold City, its officers, agents and employees harmless from all liabil-
ity of any nature or kind, including costs and expenses for, or on account of, any
Page 10of19
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claims, audit exceptions, demands, suits or damages of any character whatsoever re-
sulting in whole or in part from the performance or omission of any employee, agent
or representative of Organization.
Organization agrees to provide the defense for, and to indemnify and hold harmless
City its agents, employees, or contractors from any and ali claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of
the use of these contracted funds and program administration and implementation
except to the extent caused by the willful act or omission of City, its agents or em-
ployees.
19.
INSURANCE
Organization shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under
this Agreement.
The premises on and in which the activities described in Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with City named as an additional in-
sured. Upon request of Organization, City may, at its sole discretion, approve alternate
insurance coverage arrangements.
Organization will comply with applicable workers' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
Organization will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization. All employees of Organization who are re-
quired to drive a vehicle in the normal scope and course of their employment must pos-
sess a valid Texas Driver's license and automobile liability insurance. Evidence of the
employee's current possession of a valid license and insurance must be maintained on a
current basis in Organization's files.
Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of Organization.
The policy or policies of insurance shall contain a clause which requires that City and
Organization be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation.
Page 11 of 19
20.
CONFLICT OF INTEREST
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 inter-
est 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, sub-
contractors or employees shall possess any interest in or use his/her position for a purpose
that is or gives the appearance of being motivated by desire for private gain for him-
self/herself, or others; particularly those with which he/she has family, business, or other
ties.
C.~, No officer, member, or employee of City and no member of its governing body who ex-
ercises any function or responsibilities in the review or approval of the undertaking or
· . carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
21.
NEPOTISM
Organization 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 Organization, or is a member of
Organization's governing board. The term "member of immediate family" includes: wife, hus-
band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, steppar-
eft(, stepchild, half-brother and half-sister.
22.
NOTICE
Any notice or other written instrument required or permitted to be delivered under the
t~'rms 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 re-
ceipt requested, addressed to Organization or City, as the case may be, at the following ad-
dresses:
· CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
ORGANIZATION
Friends of the Family
ATTN: Executive Director
P.O. Box 640
Denton, TX 76202
Page 12 of 19
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.
23.
MISCELLANEOUS
Organization shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any claim arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City.
if any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re-
maining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
In no event shall any payment to Organization hereunder, or any other act or failure of
City to insist in any one or more instances upon the terms and conditions of this Agree-
ment constitute or be construed in any way to be a waiver by City of any breach of cove-
nant or default which may then or subsequently be committed by Organization. Neither
shall such payment, act, or omission in any manner impair or prejudice any right, power,
privilege, or remedy available to City to enforce its rights hereunder, which rights, pow-
ers, privileges, or remedies are always specifically preserved. No representative or agent
of City may waive the effect of this provision.
This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement, un-
derstanding, or other commitment occurring during the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed in writ-
ing, and if appropriate, recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertain-
ing to the interpretation or meaning of any part of this Agreement or its governing roles,
codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD
for matters of compliance, will have the final authority to render or to secure an interpre-
tation.
This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court of competent juris-
diction sitting in Denton County, Texas.
1N WITNESS V/HEREOF, the~arties~o hereby affix their signatures and enter into this
Agreement as of the /'? day of,"fl(,J~p~/u~,~{ ,2004.
Page 13 of 19
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
HERBERT L. PROUTY
CITY ATTORNEY
CITY OF DENTON, TEXAS
~nCH~L A. d6NDtW~/
CITY MANAGER
ATTEST:
FRIENDS OF THE F~)
EXECU~DIREC~-~OR
BY:
BOARD SECRETARY
Page 14 of 19
EXHIBIT A
SCOPE OF SERVICES
Friends of the Family
Tl~e Scope of Services under this Agreement shall be as follows:
SECTION I - ACTIVITY
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ORGANIZATION shall provide services related to relationship violence.
Be. neficiaries of the services to be provided hereunder must reside in the City of Denton and
ORGANIZATION shall provide services to low to moderate-income individuals; however, cli-
ent~ will be accepted without regard to income level, age, gender, race, national origin, physical
handicap, sexual preference, or political persuasion.
SECTION II - SERVICES
In order to complete the agreed upon activity ORGANIZATION shall provide the following
services:
· Meet or exceed the shelter guidelines of the appropriate licensing or accreditation entity.
· Provide a toll free, 24-hour crisis hotline available to residents of Denton in a relationship
violence crisis, sexual assault crisis or in need of information and referral.
· Provide protective residential shelter for families with 24-hour service to shelter resi-
dents.
· Provide relationship violence outreach including community education to all residents of
Denton with an emphasis on low-income areas of the community.
· Provide a sexual assault program including a rape crisis team on call 24 hours per day to
advocate for the victim, a Rape Crisis Advocate, information and support, and individual
and group counseling.
* Provide child and adolescent treatment services for ages 3 through 17 including play
therapy, activity therapy, and individual and group therapy.
· Provide a batterers intervention program geared to facilitate the batterer to take responsi-
bility for his or her abusive behavior and generate non-controlling, non-abusive behaviors
to handle situations.
Page 15 of 19
Provide a parenting program designed specifically for families experiencing crisis and
extreme stress or refer victims of domestic violence to such a program in the community..
· Work with other human service agencies to assist homeless or potentially homeless fami-
lies to achieve self-sufficiency.
· Work with local homeless providers to provide housing and transitional services to
homeless and potentially homeless families who are victims of domestic violence and/or
sexual assault.
· Participate in the Denton County Homeless Coalition and provide statistical information
to the Denton County Homeless Coalition upon request in a reasonable time frame.
SECTION IH - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the ORGANIZATION can measure
performance under this agreement. A unit of service shall be defined as services provided to an
individual as described in Section II - Services
SECTION IV - GOALS
ORGANIZATION shall provide not less than 500 units of service. The total number of units of
service required constitutes the performance target for the ORGANIZATION under this Agree-
mont. The ORGANIZATION will assist at least 12 City of Denton households to move from the
shelter into a transitional housing or permanent housing program during the term on this Agree-
ment.
ORGANIZATION shall provide the services listed in this Agreement within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the ORGANIZATION exceed the lesser of the ORGANIZA-
TION's costs attributable to the work performed as stated herein, or sum of Twenty Eight Thou-
sand and Nine Hundred Dollars ($28,900.00).
Direct Service Outcome
SECTION IV - OUTCOMES
· 'Crisis intervention and assistance in a relationship violence crisis and/or sexual assault
crisis.
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· Protective residential shelter and transition to housing.
· Batterer's intervention to generate non-controlling, non-abusive behaviors to handle
situations.
· Increased parenting skills and family support network for families experiencing crisis and
extreme stress or victims of domestic violence.
· Assist to homeless or potentially homeless families to achieve self-sufficiency.
Community Outcome
Denton County Friends of the Family assists the City of Denton in the provision of services nec-
essary to (1) prevent and reduce relationship violence (2) continue allocation of scarce resources
to meet urgent community needs, as outlined in the 2000-2005 City of Denton Consolidated Plan
as Human Services objectives. Denton County Friends of the Family benefits the citizens of the
City of Denton and supports a coordinated effort to maximize community resources by working
with other service providers.
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Exhibit B
Budget
Denton County Friends of the Family
:. Allowable Expenditure
Employee Salaries
Budget Amount
$28,900
Total $28,900
Denton County Friends of the Family will be reimbursed on fee for service basis for the
salaries of direct care staff only.
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Date:
2003-2004
Exhibit C
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Moderate Income
80% AMI - <65% AMI
$37,250- $30,251
$42,550-$34,601
$47,900 -$38,901
$53,200-$43,251
$57,450- $46,701
$61,700-$50,151
$65,950-$53,601
$70,200-$57,051
Source'
Low Income
65% AMI - <50% AMI
Very-Low Income
50% AMI - <30% AMI
Extremely-Low Income
_<30% AMI
$30,250-$23,301
$34,600-$26,601
$38,900- $29,951
$43,250-$33,251
$46,700-$35,901
$50,150-$38,551
$53,600- $41,251
$57,050-$43,901
$23,300- $13,951
$26,600- $15,951
$29,950-$17,951
$33,250-$19,951
$35,900-$21,551
$38,550- $23,151
$41,250-$24,751
$43,900-$26,351
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
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