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2001-356AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2708 - RELATIONSHIP VIOLENCE 8,: SEXUAL ASSAULT PROGRAM, AWARDED TO FRIENDS OF THE FAMILY, IN THE AMOUNT OF $36,000) WHEREAS, the C~ty has sohc~ted, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supphes or services ~n accordance w~th the procedures of STATE law and C~ty orchnances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible b~ds for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted heroin, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the following competitive btds for materials, equipment, supplies, or services, described ~n the "B~d Proposals" on file m the office of City's Purchasing Agent filed according to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM .NUMBER NO CONTRACTOR AMOUNT 2708 ALL Friend of the Family $36,000 SECTION 2 That the acceptance and approval of the above competitive bids, the C~ty accepts the offer of the persons subrmttlng the b~ds for such items and agrees to purchase the materials, eqmpment, supplies or services in accordance w~th the terms, speclhcatlons, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That the City and persons subrmttlng approved and accepted ~tems and of the submitted b~ds wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the C~ty Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto, provided that the written contract ~s ~n accordance w~th the terms, concht~ons, specifications, standards, quantities and specified sums contained ~n the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above competitive bids, the C~ty Council hereby authorizes the expenchture of funds therefor in the amount and in accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herren SECTION 5 That th~s ordinance shall become effecHve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the //~¢ day of--(..~/9~/~,O'ffTeJ~, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2BToY8 DO~CONTRACT ORDINANCE 2001 - 2002 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRIENDS OF THE FAMILY BID #2708 This Agreement ~s hereby entered ~to by and between the C~ty of Denton, Texas, a Home Rule Mumctpal Corporation, heretnafter referred to as "C~ty", and Friends of the Family, P O Box 640, Denton, TX 76202, hereinafter referred to as "Organization", WHEREAS, Ctty's Human Services Advtsory Commtttee ("HSAC") has rewewed the proposal for servmas and has determtned that Orgamzat~on performs an ~mportant servtce for the residents of Denton w~thout regard to race, rehgton, color, age or national ong~n, and HSAC rec- ommends the purchase of servtces, and WHEREAS, City has determmed that the proposal for servmes merits asststance and can prowde needed servmes to c~ttzens of Ctty and has provtded funds tn tts budget for the purpose of paying for contractual services, NOW, THEREFORE, the partaes hereto mutually agree as follows 1 SCOPE OF SERVICES Organ~zatton shall ~n a satisfactory and proper manner perform the following tasks, for which the montes provided by Ctty may be used A Provtde protective res~denttal shelter for famdtes wtth 24-hour servme to shelter res~- dents B Provtde cotmsehng, on both a restdentml and non-res~dentml bas~s, to family members, to asstst them tn dealing w~th the emotional and physmal trauma of domestic v~olence C Provtde counsehng servmes to vmt~ms of sexual assault and thetr famdtes D Provide commumty educatton servtces concermng sexual assault and domesttc v~olence E Provtde a toll free ensts hotllne available 24 hours per day to all ~ndtwduals ~n need of access to domestic vtolence support tssues, information and referral to other servmes F Promde cluld and adolescent treatment services for children ages 3 through 17 ~nclude play therapy, acttvtty therapy, mdtwdual and group therapy Organ~zatton shall perform those servmes described ~n the Work Statement herein attached as Exhlbtt A Page 1 of 17 2 OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from Cay, Orgamzation agrees to the following terms and condmons A Thirty Slx Thousand Dollars ($36,000 00) may be paid to Organization by C~ty, and the only expenditures reimbursed from these funds, shall be those m accordance wath the pro- ject budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses hsted an the scope of services as prowded hereto Organization shall not utilize these funds for any other purpose B It will establish, operate, and mmntmn an account system for this program that will allow for a tracing of funds and a review of the financml status of the program C It wall permit authorized officials of City to rewew its books at any time D It will reduce to writing all of its rules, regulations, and policies and file a copy with C~ty's Community Services Dlvlslon along with any amendments, additions, or rewslons whenever adopted E It wall not enter ~nto any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement F It wall 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 C~ty's Community Services Diws~on for further d~rectlon G It will appoint a representative who will be avmlable to meet with City officials when re- quested H It wall ~ndemmfy and hold harmless C~ty from any and all clmms and stats arising out of the act~wtles of Organization, its employees, and/or contractors I It will submit to City copies of year-end audited financial statements 3 TIME OF PERFORMANCE The servmes funded by City shall be undertaken and completed by Orgamzation within the following time frame Page 2 of 17 October 1, 2001 through September 30, 2002, unless the contract ~s sooner terminated under Section 7 "Suspension or Termination" 4 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A Orgamzatton shall comply vath all apphcable federal laws, laws of the State of Texas and ordinances of the C~ty of Denton 5 REPRESENTATIONS A Orgamzat~on assures and guarantees that ~t possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter ~nto th~s Agreement B The person or persons s~gmng and executing th~s Agreement on behalf of Orgamzat~on, do hereby warrant and guarantee that he, she, or they have been fully authorized by Or- gamzat~on to execute th~s Agreement on behalf of Organization and to vahdly and legally brad Orgamzat~on to all terms, performances and prows~ons here~n set forth C City shall have the right, at its option, to e~ther temporarily suspend or permanently ter- minate this Agreement ff there Is a dispute as to the legal authority of e~ther Organization or the person s~gmng the Agreement to enter into th~s Agreement Organization is hable to City for any money ~t has received from City for performance of the prows~ons of this Agreement if City has suspended or terminated this Agreement for the reasons enumer- ated m th~s Section D Orgamzat~on agrees that the funds and resources prowded Organization under the terms of th~s Agreement will m no way be substituted for funds and resources from other sources, nor ~n any way serve to reduce the resources, services, or other benefits which would have been avmlable to, or provided through, Organization had th~s Agreement not been executed COVENANTS A During the period of time that payment may be made hereunder and so long as any pay- ments remmn unhqmdated, Organ~zation shall not, w~thout the prior written consent of the Community Development Adm~mstrator or her authorized representative (1) Mortgage, pledge, or otherv~se encumber or suffer to be encumbered, any of the assets of Organization now owned or hereafter acqmred by ~t, or permit any pre- emstmg mortgages, hens, or other encumbrances to remmn on, or attached to, any Page 3 of 17 B C A B assets of Organization which are allocated to the performance of this Agreement and w~th respect to which City has ownership hereunder 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 hablhty 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 Orgamzatlon by City, unless City authorizes such trans- fer Should Organization use funds received under this Agreement to acquire or improve real property under Organization's control, Organization agrees and covenants (1) That the property shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2006 (2) That should Organization transfer or otherwise dispose of said property on or be- fore August 31, 2006, Organization shall reimburse City in the amount of the fair market value of this property less any portion of the value attributable to expendi- tures of non-CDBG funds for acquisition of, or improvement to, the property Organization agrees, upon written request by City, to require its employees to attend training sessions sponsored by the Community Services Division PAYMENTS PAYMENTS TO ORGANIZATION City shall pay to Organization a maximum amount of money not to exceed Thirty Six Thousand Dollars ($36,000 00) for services rendered un- der this Agreement City will pay these funds on a reimbursement basis to Organization wlttnn 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 request, any sum of money wbaeh has been paid by City and which City at any time thereafter determines (1) has resulted in overpayment to Organization, or Page 4 of 17 C D E A B C (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-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expenditures demate from Orgamzatlon's provision of a corresponding level of performance, as speci- fied in Exhibit A, City hereby reserves the right to reappropnate or recapture any such under expended funds If City finds that Organization is unwilling and/or unable to com- ply w~th any of the terms of this Contract, City may reqmre a refund of any and all money expended pursuant to this Contract by Organization, as well as any remaining un- expended funds which shall be refunded to City within ten working days of a written no- tree to Organization to revert these financial assets The reversion of these financial as- sets shall be m addition to any other remedy avmlable 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 penod Organization shall utilize the form agreed upon by City and Organization 8 MAINTENANCE OF RECORDS Organization agrees to mmntaln records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, ~n comph- ance wath 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 conttun sufficient documentation to provide in detml full sup- port and justfficatlon 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 account- mg procedures pertaining to the operation of programs and expenditures of funds under th~s Agreement for five years Nothing in the above subsections shall be construed to reheve Organization of responsi- bility for retmnmg accurate and current records that clearly reflect the level and benefit of services provided under this Agreement Page 5 of 17 D 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, lnvomes, materials, payrolls, records of personnel, conditions or employment and all other data re- quested by smd representatives REPORTS AND INFORMATION At such times and ~n such form as City may reqmre, Orgamzatlon 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 C~ty no less than once each three months The beneftcmry report shall detml client information, mcludlng race, income, female head of household and other statistics required by City The financial report shall include information and data relative to ali programmatic and finanmal reporting as of the begin- nmg date specified in Section 1 ofth~s Agreement Unless the C~ty 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 mmmenance system whereby the services can be continuously momtored 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 cop~es thereof A All external or internal audits Organization shall submit a copy of the annual Independ- ent audit to City w~thin ten days of receipt B All external or internal evaluation reports C Quarterly performanee/benefiemry reports to be submitted m January, April, July and September, to ~nclude such information as requested by the City's Commumty Develop- ment Division including but not limited to number of persons or households assisted, race, gender, dlsablhty status and household income Beneficiary reports shall be due to City withm 15 working days after the completion of each quarter Page 6 of 17 D Orgamzatlon agrees to submit quarterly financml statements in January, April, July, and September Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obhgaUons and beg~nmng and ending balances Financial reports shall be due to City within 15 working days after the completion of each quarter E An explanaUon of any major changes in program services To comply w~th th~s section, Organization agrees to malntmn records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under th~s Agreement OrgamzaUoffs record system shall contmn sufficient docamentatlon to prowde m detml full support and justfficatlon for each ex- penditure Orgamzat~on agrees to retmn all books, records, documents, reports, and writ- ten accounting procedures pertmmng to the services provided and expenditure of funds under this Agreement for the period of time and under the condlUons specified by the City G Nothing ~n the above subsections shall be construed to relieve Organization of responsl- bd~ty for retaunng 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, Organ~zaUon shall deliver to City copies of all notices of meetings of ~ts Board of Directors, setting forth the t~me and place thereof Such notme shall be delivered to City in a t~mely 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 M~nutes of all meetings of Organlzat~on's governing body shall be avmlable to City w~thln 10 days after Board approval 12 SUSPENSION OR TERMINATION A The City may terminate tlus Agreement w~th cause if the Organization violates any cove- nants, agreements, or guarantees of this Agreement, the Organization's insolvency or fil- ing of bankruptcy, dissolution, or receivership, or the Orgamzatmn's violation of any law or regulation to which it is bound under the terms of this Agreement B The City may terminate th~s Agreement for convenience at any time If the City termi- nates th~s Agreement for convenience, Orgamzat~on wall be prod an amount not to exceed the total amount of accrued expenditures as of the effective date of termination In no Page 7 of 17 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, ~n writing, as to conditions prece- dent to the resumption of funding and specify a reasonable date for comphance In case of termination, Orgamzatlon will remit to City any tmexpended City funds Ac- ceptance of these funds shall not constitute a waiver of any clmm C~ty may otherwse have arlsang out of th~s Agreement 13 PERSONNEL POLICIES Personnel policies shall be established by Organization and shall be available for exami- nation Such personnel policies shall A Be no more liberal than City's personnel pohmes, procedures, and practices, lncludlng policies unth respect to employment, salary and wage rates, working hours and holidays, fringe 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 A Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, w~thln one hundred twenty (120) days of the effective date of this Agreement B Organization shall comply w~th all apphcable equal employment opportunity and af- firmatave action laws or regulattons C Organization v~ll furmsh all mformaUon and reports requested by City, and will permit access to ~ts books, records, and accounts for purposes of mvest~gation to ascertain com- phance with local, State and Federal rules and regulations D In the event of Organization's non-comphance with the non-d~scnmlnanon 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 Page 8 of 17 A B C D E F A B Orgamzatlon represents and warrants that All reformation, reports and data heretofore or hereafter requested by City and furnished to C~ty, 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- tree to City Any supporting financial statements heretofore requested by City and furmshed to City, are complete, accurate and fmrly reflect the financial conditions of Orgamzat~on 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 Orgamzatlon No httgatlon or legal proceedings are presently pending or threatened agmnst Organiza- tion None of the provisions herein contravene or are in conflict with the authority under which Orgamzatlon is doing business or with the provisions of any existing ~ndenture or agree- ment of Orgamzatlon Orgamzatlon has the power to enter ~nto th~s Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and con- dltlons of this Agreement None of the assets of Organization are subject to any hen or encumbrance of any charac- ter, except for current taxes not dehnquent, except as shown ~n the financml statements furnished by Organization to City Each of these representations and warranties shall be contlnmng 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 th~s Agreement expressly provide that another method shall be used Orgamzatlon may not make transfers between or among approved line items vath~n budget categories set forth in Exhibit B without prior written approval of the Commumty Development Administrator for the City Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for rewslon shall not ~n- crease the total monetary obligation of City under this Agreement In addition, budget Page 9 of 17 revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement C Orgamzatlon will submit revised budget and program ~nformatlon, whenever the level of ftmdmg for Organization or the program(s) described herein ~s altered according to the total levels contmned in any port~on of Exhibit B D It is understood and agreed by the parties hereto that changes ~n the State, Federal or local laws or regulations pursuant hereto may occur during the term of th~s Agreement Any such modifications are to be automatically incorporated into this Agreement without writ- ten 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 dunng the tema of the Agreement, request changes in Exhibit A which may include an increase or decrease ~n the amount of Organization's compensa- tion Such changes shall be incorporated in a wrnten amendment hereto, as provided in Subsection A of this Section F Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Ex- hibit 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 30 calendar days in advance of the change H 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 con- tracted hereunder nor the transfer of funds between or among said programs will be per- mltted 17 NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action 1s made or brought by any per- son(s), firm corporation or other entaty against Orgamzat~on, Orgamzatlon shall give written no- tice thereof to City wlthm two working days after being notified of such claim, demand, stat or other action Such notice shall state the date and hour of notfficatlon of any such claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation or other entity making such claim, or that ~nstltuted or threatened to institute any type of action or proceeding, the bas~s of such claim, action or proceeding, and the name of any person(s) against whom such claim is being made or threatened Such written notme shall be delivered e~ther personally or by mail Page 10 of 17 A B A B C D E 18 INDEMNIFICATION It Is expressly understood and agreed by both parties hereto that City IS contracting with Orgamzatlon as an independent contractor and that as such, Orgamzatlon shall save and hold City, its officers, agents and employees harmless from all habd- lty 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 re- suiting in whole or in part from the performance or omission of any employee, agent or representative of Orgamzation. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, stats, causes of action, demands, damages, losses, attorney fees, expenses, and habdlty arising out of the use of these contracted funds and program admlmstration and ,mplementatlon except to the extent caused by the willful act or omission of City, its agents or em- ployees. 19 INSURANCE Orgamzatlon shall observe sound business practmes w~th respect to providing such bond- mg and insurance as would prowde adequate coverage for serwces offered under this Agreement The premises on and in which the activities described m Exhibit A are conducted, the employees conducting these activities, shall be covered by preunse llablhty insurance, commonly referred to as "Owner/Tenant" coverage w~th C~ty named as an addmonal ~n- sured Upon request of Organization, City may, at its sole d~scret~on, approve alternate msttrance coverage arrangements Organization w~ll comply with apphcable workers' compensation statutes and wall obtmn employers' habfl~ty coverage where available and other approprmte hablhty coverage for program participants, ~f appheable Orgamzat~on w~ll mmntmn adequate and continuous hablllty insurance on all vehmles owned, leased, or operated by Orgamzatmn All employees of Orgamzatmn who are re- qmred to drive a vehmle ~n the normal scope and course of their employment must pos- sess a valid Texas Driver's hcense and automobde habthty ~nsurance Ewdence of the employee's current possession of a valid hcense and insurance must be mmntmned on a current basis ~n Organization's files Actual losses are not covered by tnsurance as reqmred by th~s Section are not allowable costs under tlus Agreement, and remain the sole respons~bd~ty of Orgamzat~on Page 11 of 17 F The pohcy or pohc~es of insurance shall contmn a clause whmh requires that C~ty and Orgamzat~on be noUfied an wrmng of any cancellation or change m the policy at least 30 days prior to such change or eaneellataon 20. CONFLICT OF INTEREST A Organization covenants that neather ~t nor any member of 1ts govermng body presently has any interest, d~rect or mdareet, which would conflict m any manner or degree with the performance of servaces reqmred to be performed under this Agreement Organazatlon further covenants that in the performance ofth~s Agreement, no person hawng such anter- est shall be employed or appoanted as a member of ~ts governing body B Organlzat~on further covenants that no member of ~ts govermng body or ~ts staff, subcon- tractors or employees shall possess any anterest m or use has/her posat~on for a purpose that ~s or g~ves the appearance of being motivated by desire for private gain for h~m- self/herself, or others, pamcularly those wth whach he/she has family, business, or other ties C No officer, member, or employee of Caty and no member of 1ts govermng body who ex- ermses any functaon or responsabflmes an the review or approval of the undertakang or can'ylng out of thas Agreement shall participate ~n any decaslon relatang to the Agreement whmh affects h~s or her personal interest or the ~nterest ~n any corporation, parmershap, or assocmtaon m which he or she has a darect or indirect interest 21 NEPOTISM Orgamzat~on shall not employ an any prod capacity any person who ~s a member of the ~mmed~ate family of any person who as currently employed by Orgamzatmn, or as a member of Organazatlon's governing board The term "member of ~mmedlate family" ~ncludes wife, hus- band, son, daughter, mother, father, brother, s~ster, ~n-laws, aunt, uncle, nephew, mete, steppar- ent, stepchild, half-brother and half-saster 22 NOTICE Any notace or other written anstmment required or permitted to be dehvered under the terms of flus Agreement shall be deemed to have been delivered, whether actually receaved or not, when deposited ~n the Umted States mall, postage prepaid, regastered or certafied, return re- tempt requested, addressed to Orgamzataon or C~ty, as the case may be, at the following ad- dresses Page 12 of 17 CITY ORGANIZATION City of Denton, Texas Attn City Manager 215 E McKmney Denton, TX 76201 Friends of the Family ATTN Executive Director P O Box 640 Denton, TX 76202 Either party may change 1ts mmhng address by sending notice of change of address to the other at the above address by certified mall, return receipt requested A B C D E 23 MISCELLANEOUS Organization shall not transfer, pledge or otherwise assign th~s Agreement or any interest thereto, or any clmm ansmg thereunder to any party or parties, bank, trust company or other financial ~nst~tutlon without the prior written approval of City If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re- mmmng provisions shall remmn 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 consUtute 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 ~n any manner lmpmr or prejudice any right, power, pnwlege, 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 C~ty may wmve 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 ~n writ- rog, and ff appropriate, recorded as an amendment of th~s Agreement In the event any drsagreement or dispute should arise between the parties hereto pertmn- lng to the interpretation or meaning of any part of this Agreement or its govermng rules, 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 mterpre- taUon Page 13 of 17 F This Agreement shall be interpreted in accordance w~th the laws of the State of Texas and venue of any ht~gat~on concerning this Agreement shall be in a court of competent jarls- diction s~ttlng ~n Denton County, Texas IN WITNESS W[-I.EJt.EOF, the p ~art~es ,do he[eby affix their s~gnatures and enter into this Agreement as of the /~6~ day of ¢~,zg~£m,~v/F~ ,2001 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS CITY SECRETARY APP~/OVED AS TO LEGAL FORM HERBERT L PROUTY CITYATTORN~,By~ ~ FRIENDS OF THE FAMILY ATTEST BOARD EXtECUTIVE DI~CTOR Page 14 of 17 City of Denton - Community Servmces Divismon Qualifying Income Limits for Federally Assisted Programs FY 2001/2002 Maximum Income Levels Family,Moderate Income Low Income Very. Low Income Extremely. Low Income S~ze 80% AMI - <65% AMI 65% AMI - <50% AMI 50% AMI - <30% AMI <_30% AMI 1 $36,050 - 29,316 $29,315 - $22,551 $22,550 - $13,531 $13,530 or Below 2 $41,200 - $33,476 $33,475- $25,751 $25,750 - $15,451 $15,450 or Below 3 $46,350 - $37,701 $37,700 - $29,001 $29,000 - $17,401 $17,400 or Below 4 $51,500 - $41,861 $41,860 - $32,201 $32,200 - $19,321 $19,320 or Below 5 $55,650 - $45,241 $45,240 - $34,801 $34,800 - $20,881 $20,880 or Below 6 $59,750 - $48,556 $48,555 - $37,351 $37,350 - $22,411 $22,410 or Below 7 $63,900 - $51,936 $51,935 - $39,951 $39,950 - $23,971 $23,970 or Below 8 $68,000 - $55,251 $55,250 - $42,501 $42,500 - $25,551 $25,550 or Below Source: U S Department of Housing and Urban Development Effective: October 2001 Page 15 of 17 EXHIBIT "A" WORK STATEMENT FRIENDS OF THE FAMILY Accept clients without regard to income level, age, gender, race, national origin, physical handicap, sexual preference, or political persuasion Meet or exceed the shelter guidelines of the appropriate licensing or accreditation entity Provide a toll free, 24-hour crisis hothne 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 famthes 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 commumty 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 Prowde 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 responsl- bthty for his or her abusive behavior and generate non-controlling, non-abusive behaviors to handle situations Provide a parenting program designed specifically for families experiencing crisis and extreme stress or refer Vmtlms 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 home- less and potentially homeless famthes who are victims of domestic violence and/or sexual assault Participate an the Denton County Homeless Coalition and provide statistical information to the Denton County Homeless Coalition upon request in a reasonable time frame OUTCOME MEASURES · Provide services to at least 500 City of Denton residents during the contract year · Assist at least 12 City of Denton households to move from the shelter into a tran- sitional housing or permanent housing program Page 16 of 17 EXHIBIT "B" BUDGET FRIENDS OF THE FAMILY TOTAL CONTRACT BUDGET Employee Salar, es (Direct Care Staff Only) Monthly Request $36,000 O0 $36,000 O0 $ 3 000 00 Page 17 of 17