2002-300FILE REFERENCE FORM [ 2002-300
X
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amendment to Service Agreement - Ordinance No. 2003-150 05/27/03
Change Order to Service Contract (original is attached) 06/09/04
Change Order to Service Contract (original is attached) 08/31/04
ORDINANCE NO. O~q0~7,~-~0~
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A 2002-2003 SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CUIVIBE~
PRESBYTERIAN CHILDREN'S HOME FOR PROVISION OF VARIOUS COUNSELING AND
OTHER FAMILY SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Cumberland Presbyterian Children's Home (the "Organization") is a Texas
non-profit corporation that provides in-home family counseling, training and life skills and parenting
skills, housing assistance under a Single Parent Family Program ("Program") and other family
services; and
WHEREAS, the City Council of the City of Denton hereby finds that the Service Agreement
between the City of Denton and the Organization attached hereto and made a part hereof by
reference (the "Agreement") serves a mtmieipal and public purpose including the promotion of
positive family relationships including life skills and parental skills whieh will reduce crime and
promote the public safety and welfare for Denton residents; 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 attached
2002 - 2003 Service Agreement between the City of Denton and the Organization for the promotion
of positive family relationships including life skills and parental skills and to carry out the duties and
responsibilities of the City under the Agreement, including the expenditure of funds as provided in
the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /~ ~ day of ~, ~-- ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
2002-2003 SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON
AND CUMBERLAND PRESBYTERIAN CHILDREN'S HOME
This Agreement is made and entered into by and between the City of Denton, a Texas
municipal corporation, acting by and through its City Manager, pursuant to ordinance,
hereinafter referred to as CITY, and CUMBERLAND PRESBYTERIAN CHILDREN'S HOME,
1304 Bemard Street, Denton Texas 76202, a Texas non-profit corporation, hereinafter referred to
as CONTRACTOR.
WHEREAS, City has reviewed the proposal for services and has determined that
Organization performs an important service for the residents of Denton without regard to race,
religion, color, age or national origin; and
WHEREAS, 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:
I. 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 to pay staff salaries associated with the
provision of the said tasks:
1. In-home counseling to determine family's goals and collaborate with them to take
steps toward positive outcomes.
2. Provision of life skills and parenting skills training.
3. Housing assistance under the Single Parent Family Program in duplexes on
Cumberland Presbyterian Children's Home property.
4. Aftercare for two years including the availability of regular home visits, telephone
case management and additional support.
Organization shall perform those services described in the Work Statement herein attached
as Exhibit A.
II. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions:
A. Four Thousand Dollars ($4,000) may be paid to Organization 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. Organization shall not utilize these
funds for any other purpose.
B. The Organization 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. The Organization will permit authorized officials of City to review its books at any
time.
D. The Organization will reduce to writing all of its roles, regulations, and policies and
file a copy with City's Community Development Division along with any amendments,
additions, or revisions whenever adopted.
E. The Organization will not enter into any contracts that would encumber City funds for
a period that would extend beyond the term of this Agreement.
F. The Organization 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 Services Division for further direction.
G. The Organization will appoint a representative who will be available to meet with City
officials when requested.
H. The Organization 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. The Organization will submit to City copies of year-end audited f'mancial statements.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame:
September 15, 2002 through September 14, 2003, unless the contract is sooner terminated
under Section VII "Suspension or Termination".
IV. PAYMENTS
A. PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of
money not to exceed four thousand dollars ($4,000) for services rendered under this Agreement.
City will pay these funds on a reimbursement basis to Organization within twenty days after City
has received supporting documentation. Organization's failure to request reimbursement on a
timely basis, may jeopardize present or future funding.
B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of
City's request, 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.
C. Organization's reimbursement request for any one month period will not exceed one-
fifth (1/5) of any budgeted line items for costs as specified in Exhibit B.
D. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures
deviate from Organization's provision of a corresponding level of performance, as specified 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 comply with any of the terms
of this Contract, city may require a refund of any and all money expected pursuant to this
contract by Organization, as well as any remaining unexpended funds which shall be refimded to
City within ten working days of a written notice to organization to revert these financial assets.
The reversion of these financial assets shall be in addition to any other remedy available to City
either at law or in equity for breach of this contract.
E. 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 fifteen (15) working days
following the close of the contract period. Organization shall utilize the form agreed upon by
City and Organization.
V. 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:
A. All external or internal audits. Organization 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/beneficiary reports to be submitted in January, April, July and
September, to include the following data: number of persons, served, number of households
served, race, income, female head of household, disabilities and other information if requested
by City. Organization will provide the above information on beneficiary report form provided
by City. Quarterly beneficiary reports shall be submitted to City within 15 working days after
the completion of each quarter.
D. Organization 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. Financial
statements shall be submitted to the City within 15 working days after the completion of each
quarter.
E. An explanation of any major changes in program services.
F. 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 expenditure.
Organization agrees to retain all books, records, documents, reports, and written accounting
procedures pertaining to the services provided and expenditure of funds under this Agreement
for five years.
G. Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and benefit
of services provided under this Agreement.
VI. 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 representatives 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
ten (10) working days of approval.
VII. SUSPENSION OR TERMINATION
A. The City may terminate this Agreement for cause if the Organization violates any
covenants, 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. This Agreement may also be
terminated for cause for reasons not specifically enumerated in this paragraph.
B. The City may terminate this Agreement for convenience at any time. If the City
terminates 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 that bears the same ratio to the total compensation as the
services actually performed bears to the total services of Organization covered by the
Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions precedent
to the resumption of funding and specify a reasonable date for compliance.
In case of termination, Organization will remit to City any unexpended City funds.
Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have
arising out of this Agreement.
VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. 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.
B. Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
C. Organization will fumish all information and reports requested by 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 Organization's non-compliance with the non-discrimination
requirements, the Agreement may he canceled, terminated, or suspended in whole or in part, and
Organization may be barred from further contracts with City.
IX. WARRANTIES
ORGANIZATION represents and warrants that:
A. 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
report, and, since that date, have not undergone any significant change without written notice to
City.
B. 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 data, there has been no material change, adverse or otherwise, in the financial
condition of Organization.
C. No litigation or legal proceedings are presently pending or threatened against
Organization.
D. None of the provisions herein contravenes or is in conflict with the authority
under which Organization is doing business or with the provisions of any existing indenture or
agreement of Organization.
E. 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
conditions of this Agreement.
F. None of the assets of Organization are subject to any lien or encumbrance of any
character, 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.
X. CHANGES AND AMENDMENTS
A. 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.
B. 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 increase 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.
C. 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.
D. 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.
E. 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
compensation. Such changes shall be incorporated into this contract through a written
amendment hereto, as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated
in Exhibit B shall require the prior written approval of City.
G. Organization agrees to notify City of any proposed change in physical location for
work performed under this Agreement at least thirty (30) calendar days in advance of the change.
H. Organization shall notify City of any changes in personnel or goveming board
composition.
I. 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.
XI. INDEMNIFICATION
A. 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
liability of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever resulting
in whole or in part from the performance or omission of any employee, agent or
representative of Organization.
B. Organization agrees to provide the defense for, and to indemnify and hold
harmless City its agents, employees, or contractors from any and all 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 employees.
XII. INSURANCE
A. 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.
B. The premises on and in which the activities described in Exhibit A are conducted, and
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 insured.
Upon request of Organization, City may, at its sole discretion, approve alternate insurance
coverage arrangements.
C. 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.
D. Organization will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization. All employees of Organization who are required to
drive a vehicle in the normal scope and course of their employment must possess 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
Organizatioffs files.
E. 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.
F. 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 thirty (30)
days prior to such change or cancellation.
XIII. CONFLICT OF INTEREST
A. 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 interest 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,
subcontractors 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 himself/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
exercises 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 personal interest or the interest in any coiporation, partnership, or association in which he has
direct or indirect interest.
X1V. 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,
husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece,
step-parent, step-child, half-brother and half-sister.
XV. 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 Organization or City, as the case may be, at the following
addresses:
TO CITY:
TO CONTRACTOR:
City Manager
City of Denton
215 E. McKinney St.
Denton, Texas 76201
Director
Cumberland Presbyterian Children's Home
1304 Bernard St
PO Drawer G
Denton, Texas 76202
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.
XVI. MISCELLANEOUS
A. 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.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable,
the remaining provisions shall remain in full fome and effect and continue to conform to the
original intent of both parties hereto.
C. 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
Agreement constitute or be construed in any way to be a waiver by City of any breach of
covenant 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 enfome its rights hereunder, which rights, powers,
privileges, or remedies are always specifically preserved. No representative or agent of City may
waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes
the entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto
pertaining to the interpretation or meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances, or regulations, City as the party ultimately responsible for matters of
compliance, will have the final authority to render or to secure an interpretation.
F. 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
jurisdiction sitting in Denton County, Texas.
1N WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the /~7~ day of~/')~f/~2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
MANAGER
CITY
APPROVED AS TO LEGAL FORM:
HERBERT PROUTY, CITY ATTORNEY
BY: ~
ATTEST:
CUMBERLAND PRESBYTERIAN
CHILDREN'S HOME
ffEXECUTIVE DIRECTOR
BOARD SE~CRETARY
City of Denton - Community Development Division
Qualifying Income Limits for Federally Assisted Programs
FY 2002/2003
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Moderate Income
80% AMI - <65% AMI
Low Income Very-Low Income
65% AMI - <50% AMI 50% AMI - <30% AMI
Extremely-Low Income
_<30% 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:
$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 2002
EXHIBIT "A"
WORK STATEMENT
CUMBERLAND PRESBYTERIAN CHILDREN HOME
WORK STATEMENT
· Provision of In-home counseling to determine family's goals and collaborate with them to
take steps toward positive outcomes.
Provision of life skills and parenting skills training.
· Provision of housing assistance under the Single Parent Family Program in duplexes on
Cumberland Presbyterian Children's Home property.
· Aftercare for two years including the availability of regular home visits, telephone case
management and additional support.
OUTCOME MEASURES
· A minimum of six households or 30 individual unduplicated clients will be served through
the Single Parent Family Program and Family/In Home Services.
· At least 25% of assisted households will be documented as "living independently", at least
initially after the termination of the "aftercare" period.
3.2
EXHIBIT "B"
BUDGET
CUMBERLAND PRESBYTERIAN CHILDREN'S HOME
Staff Salaries
Payment of salaries or contractual services for Single Family Parent and In Home Services
programs.
$4,000
13
CHANGE ORDER TO SERVICE CONTRACT
The Service Contract between the City of Denton, Texas and Cumberland
Presbyterian Children's Home, dated May 27, 2003 (the "Service Contract") and
approved by Ordinance No. 200]~00 is hereby changed to increase City funding by
the mount of $ 500.00 (the "Change Order Funds"). The Change Order
Funds shall be used for the same public purposes and administered in the same manner
specified in the Service Contract.
Michael A. Conduff
City Manager
Dated:
AGREED:
Nas~ of Provider: Cdmberland Children's Home
Name: Judith B. Keith
Title: Executive Director
Dated:
Legal Approval:
Name: Ed Snyder
Title: Deputy City Attorney
Dated: ~, - 5'-~ ~
Contingency funds requested by Mark Burroughs April 2004
CHANGE ORDER TO SERVICE CONTRACT
The Service Contract between the City of Denton, Texas and Cumberland
Presbyterian Children's Home, dated May 27, 2003 (the "Service Contract") and
approved by Ordinance Number~300 is hereby changed to increase City funding by
the amount of $_250.00 (the "C~tange Order Funds"). The Change Order Funds shall be
used for the same public purpo~6s and administered in the same manner specified in the
Service Contract. / /
Michael A. Conduff /to~)
City Manager
Dated:
AGREED
Name of Provider
Title: E xe~v~+i
Date:
Legal Approval:
Name: ~ -~--'~/'~'~'---~--
Title: O~e' ~'/c' ~ ~-~
Date: ~-]l~O