2001-399FILE REFERENCE FORM [ 2001~399 ]
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Amended by Ordinance No. 2003-149 05/27/2003
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN
THE AMOUNT OF $9,000 00 BETWEEN THE CITY OF DENTON, TEXAS AND CHILDREN'S
ADVOCACY CENTER FOR DENTON COUNTY, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Cbaldren's Advocacy Center for Denton County serves an ~mportant pubhc
purpose by prowdmg facilities and other vact~m abuse servmes for law enforcement officials as more
fully descnbed ~n the agreement mentioned below (the "Program"), and
WHEREAS, the C~ty Council of the City of Denton hereby finds that the Program and the
agreement between the City and Cluldren's Advocacy Center for Denton County attached hereto and
made a part hereof by reference (the "Agreement") serve a mumc~pal and public purpose and the
Agreement m m the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The findings set forth in the preamble of th~s ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein
SECTION 2 The C~ty Manager, or hm designee, is hereby authorized to execute the
Agreement and to carry out the duties and responmbfllt~es of the Caty under the Agreement,
~ncludmg the expenchture of funds as prowded ~n the Agreement The prior mgmng of the
Agreement by the C~ty Manager is hereby ratified
SECTION 3 Th~s ordinance shall become effective ~mmedlately upon ~ts passage and
approval
.ASSED .ROVEDth,sthe dayof .2001
EULINE BROCK, MAYOR
ATTEST
JE~ER WALTERS, CItY SECRETARY
APlit~OVED AS TO LEGAI~ORM
2001-2002 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY
Thru Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Municipal Corporation, hereinafter referred to as "City", and Children's Advocacy Center for
Denton County, a non-profit corporation, 1960 Archer Avenue, Lewlsvflle, Texas 75067, hereinafter
referred to as "Organization",
WHEREAS, City has reviewed the proposal for services and has determaned that Orgamzatlon
performs an important service for the resldants of Denton w~thout regard to race, rehglon, color, age
or national origin, and
WHEREAS, City has determined that the proposal for services merits assistance and can
prowde needed services to mtlzens of C~ty and has provided funds in its budget for the purpose of
paying for contractual services,
NOW, THEREFORE, the parties hereto mutually agree as follows
I SCOPE OF SERVICES
Orgamzatlon shall in a satisfactory and proper manner perform the following tasks, for whmh
the momes provided by City may be used
A Provide facilities for law enforcement to video tape interviews with child victims or
courtesy interviews when they would prefer not to quemon the child themselves
B Provide facthtat~on of weekly multi d~sclpllnary case rewews to ensure lnteragency
collaboration on new eases
C Provide cns~s stabilization for wet,ms and non-offending family members throughout the
investigation
D Prowde therapy services for victims and coordination of sexual abuse examinations
E Prowde community education about child abuse, sexual assault and the role of the
Organization in provid~ng services
Orgamzatlon shall perform those services described an the Work Statement here~n attached as
Exhibit A and ~neorporated herein by reference
II OBLIGATIONS OF ORGANIZATION
In c0nslderat~on of the receipt of funds from Clty, Organization agrees to the following terms
and conditions
A Nine Thousand Dollars ($9,000) may be prod 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 m the
scope of services as provided hereto Organization shall not utilize these funds for any other
purpose
B The Organization will establish, operate, and mmntmn 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 rules, regulations, and policies and file a
copy with City's Community Services 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 Orgamzatlon will promptly pay all bills when submitted unless there is a discrepancy
in a bill, any errors or discrepancies m bills shall be promptly reported to the Community Services
Division for further direction
G The Organization will appoint a representative who will be available to meet with Clty
officials when requested
H The Organization will lndemmfy and hold harmless City from any and all clmms and stats
arising out of the activities of organization, its employees, and/or contractors
I The Organization will submit to City copies of year-end audited financial statements
III TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following t~me frame
October 1, 2001 through September 30, 2002, 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 Nine Thousand Dollars ($9,000) for services rendered under this Agreement
City will pay these funds on a reimbursement basis to Orgamzat~on w~thln twenty days after City has
received supporting documentation Organization's fmlure to request reimbursement on a t~mely
basis, may jeopardize present or future funding
B EXCESS PAYMENT Orgamzat~on shall refund to City w~th~n ten (10) working days of City's
request, any sum of money which has been prod by C~ty and which City at any Ume 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) m 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 ~tems for costs as spemfied ~n Exhibit B
D DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual
expenditures dewate from Orgamzat~on's prows~on of a correspon&ng level of performance, as
specified m Exh~Mt A, City hereby reserves the right to reappropnate or recapture any such under -
expended funds IfC~ty finds that Organization ~s unwflhng and/or unable to comply w~th any ofthe
terms of this Contract, C~ty may reqmre a refund of any and all money expected pursuant to this
contract by Orgamzatlon, as well as any remmmng unexpended funds which shall be refunded to
City w~thin ten working days of a wntten notme to organization to revert these financial assets The
reversion,of these financial assets shall be m ad&t~on to any other remedy avmlable to C~ty either at
law or m eqmty for breach ofth~s contract
E CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to C~ty,
together w~th a final expenchture 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 Orgamzatlon shall utilize the form agreed upon by City and Orgamzation
V EVALUATION
Orgamzauon agrees to pammpate ~n an implementation and mmntenance system whereby the
services can be continuously monitored Organization agrees to make available its financial records
for rewew by C~ty at C~ty's &scretlon In addition, Orgamzat~on agrees to provide C~ty the
following data and reports, or copies thereof
A All external or ~ntemal audits OrganlzaOon shall submit a copy of the annual independent
audit to City wlthm ten (10) days of receipt
3
B All external or ~nternal evaluation reports
C Quarterly performance/beneficiary reports to be submitted ~n January, Apnl, July and
September, to include the following data number of persons served, number of households served,
race, income, female head of household, dssabflltles and other mformat~on ~f requested by City
Organization will promde the above information on beneficiary report form provided by City
Quarterly beneficmry reports shall be submitted to the Commtunty Services D~vlslon within 15
working days after the quarter has been completed
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, outstandang obligations and beglnmng and ending balances Quarterly financial
reports sllall be submitted to the Community Services Division within 15 working days after the
quarter has been completed
E An explanation of any major changes in program services
F To comply with this section, Organization agrees to mmntmn records that will prowde
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 m detml full anpport and justification for each expendature 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 iNothlng in the above subsections shall be construed to relieve Organization of
responslblhty for retmmng accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement
VI DIRECTORS' MEETINGS
Dunng the term of this Agreement, Orgamzatlon shall deliver to City copies of all notices of
meetmgsloftts Board of Directors, setting forth the time and place thereof Such notice shall be
dehvere(~ to City in a timely manner to give adequate notice, and shall ~nclude an agenda and a brief
descnptlgn of the matters to be d~seussed Orgamzatlon understands and agrees that C~ty's
representatives shall be afforded access to all meetings of its Board of Directors
Minutes of all meetings of Orgamzation's governing body shall be available to City wlttun ten
(10) working days of approval
VII SUSPENSION OR TERMINATION
A The Ctty may terminate fins Agreement for cause ff the Organization wolates any
covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of
4
bankruptcy, dassolut~on, or rece~vershtp, or the Orgamzat~on's wolatlon of any law or regulation to
whmh ~t ~$ bound under the terms of this Agreement The City may termanate this Agreement for
other reasons not speeffically enumerated ~n thts paragraph
B The C~ty may terminate th~s Agreement for convemence at any ttme If the Ctty terminates
th~s Agreement for convemence, Orgamzat~on will be prod an amount not to exceed the total amount
of accrued expenditures as of the effectxve date of termmatton In no event will this compensatmn
exceed an amount that bears the same ratm to the total compensation as the services actually
performed bears to the total services of Orgamzatton covered by the Agreement, less payments
prevtously made
In ease of suspension, C~ty shall admse Organlzatton, tn wrltmg, as to condtt~ons precedent to
the resumptmn of funding and specify a reasonable date for compliance
In ease of terra,natron, Organlzat~on will remit to C~ty any unexpended C~ty funds
Acceptance of these funds shall not constttute a wmver of any clmm C~ty may otherwtse have arising
out ofth~s Agreement
VIII EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Organlzat~on will submit for C~ty approval, a written plan for comphance w~th the Equal
Employment and Affirmative Action Federal provtmons, wtthm one hundred twenty (120) days of
the effective date of th~s Agreement
B Orgamzat~on shall comply wtth all apphcable equal employment opportumty and
affirmative action laws or regulations
C Organization will fumtsh all information and reports requested by C;ty, and will permtt
access to ~ts books, records, and accounts for purposes oftnvesttgat~on to ascertmn comphance w~th
local, State and Federal rules and regulattons
D In the event of Organization's non-comphance wtth the non-dlscnmmat~on reqmrements,
the Agreement may be canceled, terminated, or suspended tn whole or in part, and Orgamzat~on may
be barred from further contracts w~th Ctty
IX WARRANTIES
ORGANIZATION represents and warrants that
A All mformatxon, reports and data heretofore or hereafter requested by C~ty and
furnished to Cxty, are complete and accurate as of the date shown on the tnformatton, data, or report,
and, sxnce that date, have not undergone any s~gnlficant change w~thout written notice to C~ty
B Any supporting financial statements heretofore requested by Clty and furnished to
City, are complete, accurate and fmrly reflect the finanmal condtt~ons of Organ~zatmn on the date
shown on sand report, and the results of the operation for the penod covered by the report, and that
since sand data, there has been no material change, adverse or otherwise, ~n the financaal concht~on of
Organization
C No ht~gat~on or legal proceedings are presently pending or threatened agannst
Organ~zataon
D None of the prowslons herein contravenes or ~s m conflict w~th the authority under
winch Organization ~s domg business or w~th the provisions of any existing mdenture or agreement
of Orgamzat~on
E Organization has the power to enter into th~s Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of thas Agreement
F None of the assets of Orgamzat~on are subject to any hen or encumbrance of any
character, except for current taxes not delmquent, except as shown ~n the financtal statements
furnished, by Orgamzat~on to C~ty
Each of these representataons and warrant~es shall be cont~nmng 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 tins Agreement shall be by
written amendment executed by both parties, except when the terms of th~s Agreement expressly
prowde that another method shall be used
B Organization may not make transfers between or among approved hne-ltems w~thm
budget categories set forth m Extub~t B w~thout prior written approval of the Community
Developrnent Admlmstrator for the C~ty Organization shall request, ~n writing, the budget rews~on
~n a form prescribed by C~ty, and such request for rews~on shall not ~ncrease the total monetary
obhgatlon of C~ty under th~s Agreement In addition, budget revisions cannot slgmficantly change
the nature, intent, or scope of the program funded under th~s Agreement
C Orgamzataon will submit rewsed budget and program ~nformat~on, whenever the level
o f funding for Organ~zatlon or the program(s) described here~n ~s altered according to the total levels
contanned ~n any portaon of Exhibit B
D It ~s understood and agreed by the part,es hereto that changes ~n the State, Federal or
local laws or regulations pursuant hereto may occur dunng the term of tins Agreement Any such
modifications are to be automatically incorporated ~nto this Agreement w~thout 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 dunng the term of the Agreement, request changes in
Exhibit A Much may include an increase or decrease in the amount of Orgamzataon's compensation
Such changes shall be incorporated m a written amendment hereto, as promded an Subsection A of
thas Section
F Any alterations, deletions, or additions to the Contract Budget Detail incorporated in
Exhibit B shall reqmre the prior written approval of City
G Organlzataon agrees to notify City of any proposed change an physmal location for
work performed under this Agreement at least thirty (30) calendar days an advance of the change
H Orgamzatlon shall notify Caty of any changes an personnel or governing board
compomlon
I It is expressly understood that heather the performance ofExhlbat A for any program
contracted hereunder nor the transfer of funds between or among smd programs wall 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, 1ts 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. Orgamzatlon agrees to provide the defense for, and to lndemmfy and hold
harmless C*ty its agents, employees, or contractors from any and all claims, stats, causes of
action, demands, damages, losses, attorney fees, expenses, and habllity arising out of the use of
these co~ltracted funds and program administration and implementation except to the extent
caused by the willful act or omission of C~ty, its agents or employees
XII INSURANCE
A Organization shall observe sound business practices with respect to providing such bonding
and insurance as would promde adequate coverage for servmes offered under thas Agreement
B The premises on and an which the actlvltaes described in Exh~bat A are conducted, the
employees eonductang these actavmes, shall be covered by premase habfllty insurance, commonly
referred to as "Owner/Tenant" coverage with C~ty named as an addatlonal insured Upon request of
Organization, Caty may, at 1ts sole daseretlon, approve alternate ansurance coverage arrangements
7
C Organlzat~on will comply w~th apphcable workers' compensation statutes and will obtain
employers' hablhty coverage where available and other appropriate habfl~ty coverage for program
partm~pants, ~f apphcable
D Orgamzat~on will maintain adequate and continuous habfllty ~nsurance on all vehicles
owned, leased, or operated by Orgamzatlon All employees of Orgamzatlon who are required to
drive a vehicle m the normal scope and course of their employment must possess a valid Texas
Driver's hcense and antomobfle hablhty Insurance Evidence ofthe employee's current possession of
a valid license and insurance must be maintained on a current basra m Organization's files
E Actual losses are not covered by insurance as reqmred by th~s Section are not allowable
costs under this Agreement, and remain the sole responsibility of Organization
F The policy or pohmes of insurance shall contain a clause which reqmres that C~ty and
Orgamzat~on be notffied ~n writing of any cancellation or change ~n the pohcy at least thirty (30)
days pnor to such change or cancellation
XIII CONFLICT OF INTEREST
A Organization covenants that neither ~t nor any member of~ts govemmg body presently has
any mtemst, threct or mthrect, which would conflict in any manner or degree with the performance
of servmes required to be performed trader th~s Agreement Organization further covenants that m
the performance ofth~s 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 ~ts governing body or ~ts staff,
subcontractors or employees shall possess any ~nterest in or use h~s/her position for a purpose that ~s
or g~ves the appearance of being motivated by desire for pnvate gain for h~mself/herself, or others,
partmularly those w~th which he/she has family, bus~ness, or other t~es
C No officer, member, or employee of C~ty and no member of ltS governing body who
exercises any function or responsibilities m the rewew or approval of the undertaking or carrying out
of th~s Agreement shall participate ~n any decision relating to the Agreement which affects h~s
personal interest or the interest ~n any corporation, parmersh~p, or assocmtmn in whmh he has dtrect
or indirect interest
XIV NEPOTISM
Orgamzatlon shall not employ m any paid capacity any person who ~s a member of the
~mmedmte family of any person who ~s currently employed by Orgamzatlon, or is a member of
Orgamzat~on'sgovemmgboard Theterm"memberof~mmedlatefamfly"~ncludes w~fe, husband,
son, daughter, mother, father, brother, s~ster, ~n-laws, aunt, uncle, nephew, mece, step-parent,
step-child, half-brother and half-s~ster
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 Umted States mai, postage prepaid, registered or certified, return receipt requested,
addressed to Organization or City, as the case may be, at the following addresses
CITY
ORGANIZATION
City of Denton, Texas
Attn City Manager
215 E McK~rmey
Denton, TX 76201
Director
Children's Advocacy Center for Denton Co
1960 Archer Avenue
Lewlsvllle, TX 75067
Either party may change its mathng address by sending notice of change of address to the other
at the above address by certified mall, return receipt requested
XVI MISCELLANEOUS
A Organization shall not transfer, pledge or otherwise assign this Agreement or any
interest therem, or any claim arising thereunder to any party or parties, bank, trust company or other
financial institution without the prmr written approval of C~ty
B If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remalmng provisions shall remain in full force and effect and continue to conform to the original
Intent of both parties hereto
C In no event shall any payment to Orgamzatlon hereunder, or any other act or failure of
City to insist in any one or more instances upon the terms and conditions of tins Agreement consti-
tute 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 lmpmr or prejudice any right, power, privilege, or remedy available to City
to enforce its rights hereunder, winch 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 occumng dunng 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 part~es hereto pertalmng
to the interpretation or meaning of any part of tins Agreement or its governing rules, codes, laws,
ordinances, or regulations, City as the party ultimately responsible for matters of compliance, will
have the final authonty to render or to secure an interpretation
F This Agreement shall be interpreted ~n accordance with the laws of the State of Texas and
venue of any litigation concerning th~s Agreement shall be ~n a court of competent junsdmUon s~tUng
m Denton County, Texas
IN WITNESS _WHI~REOF, the~artles do hereby affix their s~gnatures and
Agreement as of the ~G day
ATTEST
JENNIFER WALTERS, CITY SECRETARY
enter ~nto th~s
CITY OF DENTON, TEXAS
MICHAEL A CONDUFF,CITq~r~[~tqAGER
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
// CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY
10
ATTEST
City of Denton - Community Services Division
Qualifying Income Limits for Federally Assisted Programs
FY 2001/2002
Maximum Income Levels
Famdy Moderate Income Low Income Very. Low Income Extremely. Low Income
Size 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
3.2
EXHIBIT "A"
WORK STATEMENT
CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY
· Work ~n conjunction w~th the Denton Pohce Department, Child Protective Services, and
appropriate service provaders to serve cluld victims of sexual and serious physical abuse,
their non-offending fatmly members, and the involved professionals
· Provade faefllt~es for law enforcement to wdeotape ~nterv~ews with child wet,ms
· Provide assistance with setting up courtesy ~nterviews for law enforcement when law
enforcement would prefer not to conduct the interview
· Prowde faclhtat~on of the weekly mult~d~sc~phnary case review to ensure lnteragency
collaboration on eases
· Prowde cns~s stabahzat~on for vaetams and non-offending family members
· Proylde ¢ommunaty education about child abuse, sexual assault and the role of the
Organlzat~on m provlchng serwees
· Prowde therapy services for victims and non-offending family members
· Provide coordination of sexual abuse examinations when needed
OUTCOME MEASURES
· Orgamzat~on will provide services to 100 sexually and/or physically abused children ages 0-
17 from the C~ty of Denton
· Orgamzatlon will prowde at least 300 units of service to City of Denton residents dunng the
contract year
EXHIBIT "B"
BUDGET
CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY
These funds will be used to help support the salary of the orgamzat~on's Commumty Lmmon The
Community L~mson provides volunteer coordmataon for the agency In addmon, the Communaty
Lm~son provides community education and presentations throughout the county about sexual assault
prevention, cbald abuse and the role ofthe Orgamzat~on ~n prowd~ng servmes The $9,000 funded by
the City of Denton covers less than half of the salary of th~s pos~t~on
Salary Expenses
$9,000 (TOTAL CONTRACT AMOUNT)
Monthly Request
$750 00
2.4