2001-400FILE REFERENCE FORM I 2001-400
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amended by Ordinance No. 2003-148 05/27/2003
O ANCENO 00/-
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN
THE AMOUNT OF $6,000 00 BETWEEN THE CITY OF DENTON, TEXAS AND REACH, INC
TO PROVIDE COUNSELING SERVICES FOR DISABLED PERSONS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Reach, Inc serves an ~mportant pubhc purpose by provadmg counseling
services for dasabled persons as more fully described ~n the agreement mentaoned below (the
"Program"), and
WHEREAS, the Caty Council of the C~ty of Denton hereby finds that the Program and the
agreement between Reach, Inc attached hereto and made a part hereof by reference (the
"Agreement") serve a mumcapal and pubhc purpose and the Agreement as m the pubhe anterest,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S T~ The findangs set forth an the preamble ofthas ordanance are incorporated by
reference into the body of tins ordinance as ff fully set forth hereto
SECTION 2 The C~ty Manager, or has desagnee, ~s hereby authorized to execute the
Agreement and to carry out the duUes and responsabflxt~es of the C~ty under the Agreement,
mcludmg the expendature of funds as provaded an the Agreement
SCT~ Thxs ordinance shall become effective immediately upon ars passage and
approval
PASSED AND APPROVED tins the /~f/~ dayof ~-~. ,2001
EULINE BROCK, MAYOR
ATTEST
JE~R W~TERS, ,C~ SECRETLY
(/-.-- -y --.- ____
~OVED ^S TO LEC~ FO~
2001-2002 SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON
AND REACH, INC.
This Agreement as made and entered into by and between the City of Denton, a Texas
municipal corporatmn, aetmg by and through its C~ty Manager, pursuant to ordinance,
hereinafter referred to as CITY, and REACH, Inc, 8625 Irdng George Drive, Suite 210, Dallas,
Texas 75235, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR
WHEREAS, City has reviewed the proposal for services and has determined that
Organlzatton performs an important service for the residents of Denton without regard to race,
religion, color, age or national ongm, 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 m its budget for the purpose
of paying for contractual services,
NOW, THEREFORE, the parties hereto mutually agree as follows
I SCOPE O.~F SERVICES
Orgamzatton shall an a satisfactory and proper manner perform the following tasks, for which
the momes provided by Caty may be used to pay utthtles necessary for the accomplishment of smd
tasks
A REACH wall provide one-hour adjustment to dlsablhty group counseling sessions bi-
weekly for Denton residents with d~sabthtles
B The hour-long sessions will be held at REACH of Denton's accessible office at 405 S
Elm, Sutte 202
C REACH will be contracting with a degreed and licensed therapist to lead these sessions
D TWo adjustment to d~sabthty group eounsehng sessions wall be offered each month, on
the first and third Tuesdays
E REACH will actively market the counseling sessions to its current clients, and to clients
of other service providers an the area
OrSamzataon shall perform those services described an 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 Six thousand dollars ($6,000 00) 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 m the
scope of servaces as provided herein Organization shall not utilize these funds for any other
purpose
B The Orgamzatlon will establish, operate, and mamtmn an account system for this program
that will allow for a tracmg of funds and a review of the financial status of the program
C The OrgamzaUon will permit authorized officials of City to review its books at any time
D The Orgamzatlon will reduce to writing all of~ts roles, regulations, and pohmes and file a
copy with Caty's Community Services Dlwsion 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 tbs Agreement
F , The Organization will promptly pay all bills when submitted unless there is a chscrepancy
bill, any errors or discrepancies m bills shall be promptly reported to City's Commumty Services
Division for further d~recUon
G The Orgamzatlon will appoint a representative who will be available to meet with City
officials when requested
H The Organlzataon will indemnify and hold harmless City from any and all clmms and suits
arising out of the activities of Orgamzat~on, its employees, and/or contractors
I The Orgamzatlon 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 Orgamzat~on within the
following time frame
October 1, 2001 through September 30, 2002, unless the contract is sooner terminated under
Section VII "Suspension or Termination"
2
IV PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Orgamzatmn a maximum amount of
money notlto exceed slx thousand dollars ($6,000) for services rendered under thru Agreement C~ty
will pay tl3ese funds on a reimbursement basis to Orgamzatlon within twenty days after City has
received supporting documentation Orgamzatlon's failure to request reimbursement on a timely
bas~s, may jeopardaze present or future fumhng
B EXCl{SSPAYMENT OrgamzatlonshallrefundtoCltywlttunten(lO)worlangdaysofClty's
request, any sum of money whmh has been prod by City and which City at any time thereafter
determines
1) has resulted m overpaymont 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 expendtture
C Orgamzatlon's reimbursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted hne stems for costs as specified in Exhibit B
D DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expenthmres
deviate from Orgamzatmn's provlslun of a correspondmg level of performance, as specified in
Exhibit A, City hereby raserves the right to reappropnate or recapture any such under expended
funds if City finds that OrganlzaUon is unwflhng and/or unable to comply with any of the terms of
ttus Contract, mty may reqmre a refund of any and all money expected pursuant to thas contract by
Orgamzat~on, as well as any remmmng unexpended funds which shall be refunded to C~ty within ten
workang days of a written nottee to orgamzaUon to revert these financial assets The reversion of
these financial assets shall be in ad&tmn to any other remedy avmlable to City either at law or in
equity for breach ofth~s contract
E CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to C~ty,
together with a final expenditure report, for the t~me period covered by the last invoice requesting
reimbursement of funds under this Agreement, w~thln fifteen (15) working days following the close
of the contract period Orgamzatlon shall utilize the form agreed upon by C~ty and Organization
V EVALUATION
Orgamzat~on agrees to participate m an Implementation and mmntenance system whereby the
servlcas can be continuously momtored Organization agrees to make available ~ts financial records
for review by City at City's discretion In addition, Orgamzat~on agrees to provide City the
following data and reports, or copies thereof
A All external or mtemal audits Organization shall submit a copy of the annual mdependent
audit to City witlun ten (10) days of receipt
3
B All external or internal evaluation reports
C Quarterly performance/beneficiary reports to be submitted in January, Apnl, 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 prowded 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 accounUng 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 m program sermces
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 m detml full support and justffieatIon for each expenditure Organization
agrees to retain all books, records, documents, reports, and written accounting procedures pertmmng
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
responsibihty for retaunng accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement
VI DIRECTORS' MEETINGS
Dmang the term ofttns 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 C~ty 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 avmlable to Clty within ten
(10) worl~ng 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
4
bankruptcy, &ssolutlon, or receivership, or the Orgamzation'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 flus paragraph
B The Clty may terminate thts Agreement for convenience at any time If the City terminates
this Agreement for convemenee, Organization will be prod an amount not to exceed the total amount
of accmed~ expenditures as of the effective date of termmatlon In no event willtbas compensation
exceed an amount that bears the same ratio to the total eompansatlon 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 Orgamzation, in writing, as to conditions precedent to
the resumption of funding and specify a reasonable date for comphance
In ease of termination, Organization will remit to City any unexpended City funds
Acceptance ofthase funds shall not constitute a waiver of any clmm City may otherwise have arising
out of this Agreement
VIII EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Organlzatton 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 tins Agreement
B Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations
C Orgamzatlon will fllrnlsh all information and reports requested by City, and will permit
aceass to Its books, records, and accounts for purposes ofmvestagatIon to ascertain comphanee with
local, State and Federal roles and regulations
D In the event of 0rganization's non-compliance with the non-discrimination requirements,
the Agreoment may be canceled, terminated, or suspended in whole or m part, and 0rganizatlon may
be barredl from further contracts with City
IX WARRANTIES
ORGANIZATION represents and warrants that
A All Information, reports and data heretofore or hereatter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or report,
and, sIneb that date, have not undergone any slgmficant 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
S
shown on smd report, and the results of the operation for the penod covered by the report, and that
since smd data, there has been no material change, adverse or otherwise, in the financial condmon of
Orgamzatlon
C No ht~gat~on or legal proceedings are presently pending or threatened against
Organization
D None of'the provisions herein contravenes or as an conflict with the authority under
which Orgamzataon as doing business or with the provisions of any ex~stlng indenture or agreement
of Orgamzat~on
E Organization has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to anthonze such acceptance under the terms and
eondmons 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 an the financial statements
furnished by Organization to City
Each of these representations and warrant~es shall be contlnmng and shall be deemed to
have been repeated by the submission of each request for payment
X CHANoI~.,q AND AMENDMENTS
A Any alterations, addmons, 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 hne-items within
budget categones set forth an Exlnb~t B w~thout pnor written approval of the Community
Development Admunstrator for the C~ty Organization shall request, mwntmg, the budget revision
m a form prescribed by City, and such request for revision shall not ~ncrease the total monetary
obhgataon of C~ty under this Agreement In addmon, budget rewslons cannot s~gmficantly change
the nature, intent, or scope of the program funded under th~s Agreement
C Orgamzatlon will submit rewsed budget and program ~nformat~on, whenever the level
of funding for Orgamzat~on or the program(s) descnbed herein is altered accorchng to the total levels
contained m any portion of Exhibit B
D It as understood and agreed by the parties hereto that changes an the State, Federal or
local laws or regulations pursuant hereto may occur dunng the term of this Agreement Any such
modifications are to be automatically incorporated into th~s 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 dunng the term of the Agreement, request changes m
Exinint A winch may include an increase or decrease in the amount o f Orgamzation's compensatmn
Such changes shall be incorporated into this contract through a written amendment hereto, as
provided m Subsection A of this SeeUon
F Any alterations, deletions, or additions to the Contract Budget Detail incorporated
Exinblt B shall reqmre the prior written approval of C~ty
G Organization agrees to notify City of any proposed change m physical location for
work performed under this Agreement at least thirty (30) calendar days an advance of the change
H Orgamzatlon shall notify City of any changes m personnel or governing board
composition
I It is expressly understood that neither the performance ofExinblt A for any program
contracted hereunder nor the transfer of funds between or among smd programs will be permitted
XI INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that C~ty 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 m 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 lndemmfy 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.
XlI INSURANCE
A Orgamzat~on shall observe sound business practices with respect to providing such bonchng
and insurance as would provide adequate coverage for services offered under this Agreement
B The premises on and m winch the actlvit~es described in Exhibit A are conducted, and the
employegs 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
Organlzataon, City may, at its sole discretion, approve alternate insurance coverage arrangements
C Organization will comply with apphcable workers' compensation statutes and will obtmn
employers[ hablhty coverage where available and other appropriate liability coverage for program
participants, if apphcable
D OrgamzaUon will mmutaln adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Orgamzation 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 heanse and antomoblle habthty insurance Evidence ofthe employee's cmrent possession of
a valid license and msurance must be mamtmned on a current basis m Organlzat~on*s files
E Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remmn the sole responsibility of Organization
F The policy or pohcles of insurance shall contmn a clause which requires that City and
Organization be notified in wntmg of any cancellation or change in the policy at least thirty (30)
days prior to such change or cancellation
XlII CONFLICT OF iNTEREST
A Orgamzatlon 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 servmes reqmred to be performed under this Agreement Organization further covenants that m
the performance of this Agreement, no person havmg such interest shall be employed or appointed as
a member of its govermng 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 tus/her position for a purpose that is
or gives the appearance of being motivated by desire for private gmn 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 govermng 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 corporation, partnership, or association in which he has rhrect
or indirect interest
XIV NEPOTISM
Organization shall not employ m any prod capacity any person who is a member of the
lmmedla~[e family of any person who is currently employed by Organization, or is a member of
Organlz~tlon, sgovc~mmgboard Theterm"memberoflmmedlatefamdy"mcludes wife, husband,
son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, mece, step-parent,
step-cluld, half-brother and half-sister
XV NOTICE
Any notice or other written ~nstmment reqmred or permitted to be dehvered under the terms of
tins Agreement shall be deemed to have been dehvered, whether actually received or not, when
depomted tn the Umted States mad, postage prepmd, registered or certffied, return recexpt requested,
addressed to Orgamzat~on or C~ty, as the case may be, at the following addresses
TO CITY
TO CONTRACTOR
Cxty Manager
Ctty of Denton
215 E MclQrmey St
Denton, Texas 76201
Director
REACH, Inc
8625 gdng George Drive, State 210
Dallas, Texas 75235
E~ther party may change ~ts mathng address by sending notice of change of address to the other
at the above address by certffied mml, return recexpt requested
XVI MISCELLANEOUS
A Orgamzat~on shall not transfer, pledge or otherwise assign tins Agreement or any
~nterest therem, or any clmm arising thereunder to any party or part,es, bank, trust company or other
financml msutut~on w~thout the prior written approval of City
B If any prowmon ofth~s Agreement ~s held to be ~nvalld, illegal, or unenforceable, the
remmnlng prowmons shall remmn m full force and effect and continue to conform to the ongmal
intent of both pames hereto
C In no event shall any payment to Orgamzat~on hereunder, or any other act or failure of
C~ty to mmst m any one or more ~nstances upon the terms and condxt~ons of tins Agreement consti-
tute or be construed m any way to be a wmver by C~ty of any breach of covenant or default winch
may then or subsequently be committed by Organization Neither shall such payment, act, or
om~sslon m any manner ~mpmr or prejudice any right, power, pnwlege, or remedy available to C~ty
to enforce its rights hereunder, winch rights, powers, pnwleges, or remedies are always specffically
preserved No representative or agent of Ctty may wmve the effect of th~s prows~on
D Tins Agreement, together w~th referenced exinb~ts and attachments, constitutes the
enUre agreement between the part, es hereto, and any prior agreement, assertion, statement,
understandmg, or other commitment oecumng dunng the term of th~s Agreement, or subsequent
thereto, have any legal force m effect whatsoever, unless properly executed m wntmg, and ~f
appropriate, recorded as an amendment of tins Agreement
E In the event any d~sagreement or d~spute should arise between the parOes hereto pertmmng
to the interpretation or meamng of any part of tins Agreement or ~ts governing rules, codes, laws,
ordinances, or regulations, C~ty as the party ultimately responmble for matters of comphance, will
have the 'final anthonty to render or to secure an interpretation
F This Agreement shall be interpreted ~n accordance w~th the laws of the State of Texas and
venue of any htlgatlon concerning thru Agreement shall be ~n a court of competent jurisdiction sitting
in Denton County, Texas
AgreementIN WITNESSas of the X~I~OF,/~ _ day ofthe_/~[/~t~g[200 lnarhes do hereby affix thexr signatures and enter into thxs
ATTEST
JENNIFER WALTERS, C~TY SECRETARY
CITY OF DENTON, TEXAS
~I~L~ C~)~~dANAOER
APPROVED AS T~gLEGAL FORM
HERB~~ ATTORNEY
REACH, INC
EXECUTIVE DIRECTOR
ATTEST
BOARD SECRET
10
City of Denton - Community Services Division
Qualifying Income Limits for Federally Assisted Programs
FY 2001/2002
Maximum Income Levels
Family 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
3.3.
EXHIBIT "A"
WORK STATEMENT
REACH, INC.
· REACH will provide one-hour adjustment to d~sabfl~ty group cotmsehng sessions
weekly for Denton residents with disabilities
· The hour-long sessions will be held at REACH of Denton's accessible office at 405 S
Elm, Sune 202
· REACH will be contracting with a degreed and licensed therapist to lead these sessions
· Two adjustment to disability group counsehng sessions will be offered each month, on
the first and third Tuesdays
· REACH will actively market the cotmsehng sessions to its current chents, and to clients
of other service providers m the area
OUTCOME MEASLrRES
· A mlmmum of 15 unduphcated chents will be served through the Adjustment to
D~sablhty Group Counsehng Sessions
· At least 80% of the ehents served will attend at least 2 counsehng sessions dunng the
year
3.2
EXHIBIT "B"
BUDGET
REACH, 1NC
Contractual Services
30 sessions ~ $200 per session
$6,000 O0