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2000-329 ORDINANCE NO O~t~-~'~O ~ AN 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 2528 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM, AWARDED TO DENTON COUNTY FRIENDS OF THE FAMILY, IN THE AMOUNT OF $36,000) WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supphes or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hereto described bids are the lowest responsible bids 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, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competmve bids for materials, equipment, supphes, or services, described in the "Bid Proposals" on file ,n the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be;ng the lowest responsible bids for such items BID ITEM NUMBER NO CONTRACTOR AMOUNT 2528 ALL DENTON COUNTY FRIENDS OF THE FAMILY $36,000 SECTION II That the acceptance and approval of the above competitive b~ds, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, eqmpment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specffied sums contmned in the B~d Inwtatlons, Bid Proposals, and related documents SECTION III That the City and persons submitting approved and accepted ~tems and ofthe submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bxds, the City Manager or h~s designated representative is hereby authorized to execute the written contracts which shall be attached hereto, provided that the written contract is in accordance wxth the terms, cond;tlons, speclficaUons, standards, quantities and specified sums SECTION IV That by the acceptance and approval of the above competitive b~ds, the C~ty Councd hereby authorizes the expen&ture of funds therefor tn the amount and tn accordance wrchthe approved buts or pursuant to a wraten contract made pursuant thereto as authorized hereto ~ That tins ordinance shall become effective tmmedmtely upon Its passage and approval PASSED AND APPROVED fins the ~ ¢ day of ~ 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2528 DOMESTIC v~RACT ORDINANCE 2000 - 2001 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY FRIENDS OF THE FAMILY BID #2528 This Agreement ~s hereby entered ~nto by and between the City of Denton, Texas, a Home Rule Mumclpal Corporat, on, hereinafter referred to as "C~ty", and Denton, and Denton County Friends of the Family, P O Box 640, Denton, TX 76202, hereinafter referred to as "Or- gamzatlon", VgHEREAS, City's Human Services Committee ("HSC') has rcmewed the proposal for servmes and has determined that Organization performs an ~mportant scrvme for the residents of Denton without regard to race, rchglon, color, age or national origin, and HSC recommends the purchase of sm~vlccs, and WHEREAS, C~ty has determined that the proposal for scrvmcs mcmts assmtance and can provide needed services to cmzens of City and has prowdcd funds ~n ~ts budget for the purpose ofpaymg for contractual scrvmes, NOW, THEREFORE, the part,as hereto mutually agree as follows 1. SCOPE OF SERVICES Orgamzatlon shall in a satisfactory and proper manner perform the following tasks, for which thc momes provided by City may be used A Prowde protective residential shelter for families with 24-hour scrvme to shelter res~- dents B Provide counseling, on both a rcsldentml and non-residential bas~s, to family members, to assist them in dealing with the ~motlonal and physical trauma of domestic violence C Provide counsehng services to wctlms of sexual assault and their fam~hcs D Provide commumty cducatmn servmes concerning sexual assault and domcstm violence E Prowde a toll free crisis hothne avadabl¢ 24 hours per day to all ,nd~mduals m need of access to domestic wolence support issues, tnformatmn and referral to other services F Prowde child and adolescent treatment sermces for children ages 3 through 17 include play therapy, act~wty therapy, md~vldual and group therapy Page 1 of 17 Organization shall perform those services described in the Work Statement herein attached as Exhibit A 2 OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions A Thirty SlX thousand dollars ($36,00 00) may be pud to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Extublt B and incorporated herein by reference, for those ex- penses listed in the scope of services as provided herein Organization shall not utilize these funds for any other purpose B It will establish, operate, and mantan 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 It will permit authorized officials of City to review ~ts books at any time D It will reduce to writing all of its ales, regulations, and pohmes and file a copy with Clty's Community Development Office along with any amendments, additions, or revi- sions whenever adopted E It will not enter into any contracts that would encumber C~ty funds for a period that would extend beyond the term of this Agreement F It will promptly pay all bills when submitted unless them is a discrepancy in a bill, any errors or discrepancies m bills shall be promptly reported to City's Assistant City Man- ager for Fiscal & Municipal Sermces, or her authorized representative, for further direc- tion G It will appoint a representative who will be available to meet with City's Assistant City Manager for Fiscal & Municipal Services and other C~ty officials when requested H It will mdemmfy and hold harmless City from any and all clams and suits arising out of the activities of Organization, its employees, and/or contractors I It will submit to City copies of year-end audited financial statements 3 TIME OF PERFORMANCE Page 2 of 17 The services funded by C~ty shall be undertaken and completed by Organxzat~on wlthm the followxng t~me frame October l, 2000 through September 30, 2001, unless the contract is sooner terminated under Section 7 "Suspension or Termmatlon" 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A Organization shall comply w~th all applicable federal laws, laws of the State of Texas and ordmances of the C~ty of Denton 5. REPRESENTATIONS A Orgamzat~on assures and guarantees that ~t possesses the legal anthonty, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement B The person or persons s~gmng and executing this Agreement on behalf of Organization, do hereby warrant and guarantee that he, she, or they have been fully authorized by 0r- gamzat~on to execute this Agreement on behalf of Organ~zatlon and to vahdly and legally brad Orgamzat~on to all terms, performances and prows~ons herein set forth C City shall have the right, at its option, to either temporarily suspend or permanently ter- minate th~s Agreement if there ~s a d~spute as to the legal authority of e~ther Orgamzat~on or the person signing the Agreement to enter into this Agreement Organization is hable to City for any money it has received from City for performance of the provisions of tins Agreement ff C~ty has suspended or terminated th~s Agreement for the reasons enumer- ated m this Section D Orgamzatxon agrees that the funds and resources provided Orgamzatlon under the terms of this Agreement will m no way be substituted for funds and resources from other sources, nor m any way serve to reduce the resources, services, or other benefits which would have been available to, or prowded through, Organization had this Agreement not been executed 6. COVENANTS A Dunng the period of time that payment may be made hereunder and so long as any pay- ments remain unhquldated, Organization shall not, w~thout the prior written consent of the Commumty Development Adm~mstrator or her authorized representative Page 3 of 17 (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of Organization now owned or hereafter acqmred by it, or permit any pre- existing mortgages, hens, or other encumbrances to remmn on, or attached to, any assets of Organization whmh are allocated to the performance of th~s Agreement and with respect to whmh City has ownership hereunder (2) Sell, asslgu, pledge, transfer or otherwise dispose of accounts receivables, notes or elmms 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 recur any habthty for any other firm, person, en- tity or eorporatmn as guarantor, surety, or aecommodatmn endorser (5) Sell, donate, loan or transfer any eqmpment or item of personal property pur- chased with funds prod to Organization by C~ty, unless City authorizes such trans- fer B Should Orgamzatlon use funds received under thru Agreement to acqmre 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 m 24 CFR 570 tmtll August 31, 2006 (2) That should Organization transfer or otherwise d~spose of smd property on or be- fore August 31, 2006, Organization shall reimburse C~ty 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 acqmstt,on of, or ~mprovement to, the property C Orgamzatlon agrees, upon written request by City, to require its employees to attend trmmng sessions sponsored by the Commumty Development Office 7. PAYMENTS A PAYMENTS TO ORGANIZATION City shall pay to Organlzataon a maximum amount of money not to exceed thirty slx thousand dollars ($36,000 00) for servmes rendered under ttus Agreement City wall pay these funds on a reimbursement bas~s to Organization within 20 days after City has received supporting documentation Orgamzatlon% fmlure to request reimbursement on a timely basis, may jeopardize present or future funding B EXCESS PAYMENT Organization shall refund to City wlthln ten working days of C~ty's request, any sum of money whmh has been prod by C~ty and whmh City at any time thereafter determines Page 4 of 17 (1) has resulted in overpayment to Organization, or (2) has not been spent stnctly 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 spem- fled in Extublt A, City hereby reserves the right to reappropnate or recapture any such under expended funds If City finds that Orgamzat~on ~s unwllhng and/or unable to com- ply with any of the terms of ttus 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 wluch shall be refunded to City within ten working days of a written no- tice to Organization to revert these financial assets The reversion of these financial as- sets shall be m addition to any other remedy avatlable to C~ty either at law or in equity for breach of tlus Contract E CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to City, together with a final expenrhture report, for the tune period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the contract period Organization shall utilize the form agreed upon by City and Organization 8 MAINTENANCE OF RECORDS A Organization agrees to mmntam records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in comph- ance with the provlsxons of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management Organiza- tion's record system shall contain sufficient documentation to provide in detml full sup- port and justification for each expenditure Nothing in this Section shall be construed to reheve Orgamzatxon of fiscal accountablhty and liability under any other provision of this Agreement or any apphcable law Organization shall include the substance of this provi- sion in all subcontracts B Organ~zatxon agrees to retain all books, records, documents, reports, and written account- lng procedures pertmmng to the operation of programs and expenditures of funds under this Agreement for five years Page 5 of 17 C Nothing m the above subsections shall be construed to reheve Organization of respons~- blhty for retmmng accurate and current records that clearly reflect the level and benefit of services provided under this Agreement D At any reasonable time and as often as City may deem necessary, the Orgamzatlon 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, lnvmces, materials, payrolls, records of personnel, conditions or employment and all other data re- quested by smd representatives 9 REPORTS AND INFORMATION At such times and in such form as City may require, Orgamzation shall furmsh such statements, records, data and information as C~ty may request and deem pertment to matters cov- ered by this Agreement Organization shall submit quarterly beneficmry and financial reports to City no less than once each three months The beneficmry report shall detail chent ~nformat~on, ~ncludlng race, ~ncome, female head of household and other statistics required by City The financml report shall include information and data relative to all programmatic and financial reporting as of the begin- ning date, specified in Section 1 of ttus Agreement Unless the City has granted a written exemption, Organization shall submit an audit con- ducted by independent examiners with ten days after receipt of such 10 EVALUATION Organization agrees to participate in an ~mplementatlon and maintenance system whereby the services can be continuously momtored Organization agrees to make available ~ts financial records for review by C~ty at City's discretion In addition, Organization agrees to provide City the followmg data and reports, or copies thereof A All external or internal audits Organization shall submit a copy of the annual mdepend- ent audxt to City within ten days of receipt B All external or internal evaluatxon reports C Quarterly performance/beneficiary reports to be submitted m January, April, July and September, to include such mformat~on as requested by the City's Commumty Develop- ment Division including but not hm~ted to number of persons or households assisted, race, gender, dlsab~hty status and household ~ncome Page 6 of 17 D Organization agrees to submit quarterly financial statements in January, April, July, and September Each statement shall include current and year-to-date period accountmg of all revenues, expenditures, outstanding obhgatlons and beginning and ending balances E An explanatlun of any major changes in program services F To comply with this section, Orgamzatlon agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under tlus Agreement Orgamzatlon's record system shall contmn suffioent documentation to provide in detail full support and justlficataon for each ponchture Orgamzatlon agrees to retmn all books, records, documents, reports, and writ- ten accountmg procedures pertaamng to the services promded and expenthture of funds under this Agreement for the period of t~me and under the conditions specified by the City G Nothing m the above subsecttons shall be construed to reheve Organization of responsi- bility for ret~umng accurate and current records that clearly reflect the level and benefit of servmes provided under this Agreement 11 DIRECTORS' MEETINGS Dunng the term of this Agreement, Orgamzatlon shall dehver to City copies of all notices of meetings of its Board of Directors, settmg forth the t~me and place thereof Such notme shall be dehvered to Oty in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be d~scussed Orgamzatlon understands and agrees that Oty's representatives shall be afforded access to all meetings of its Board of D~rectors Minutes of all meetmgs of Organlzataon's governing body shall be avmlable to City w~thln ten working days of approval 12 SUSPENSION OR TERMINATION A The City may termmate this Agreement with cause if the Organization v~olates any cove- nants, agreements, or guarantees of ttus Agreement, the Orgamzat~on's insolvency or ill- lng of bankruptcy, thssolutlon, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of th~s Agreement B The City may terminate this Agreement for convemence at any time If the City termi- nates this Agreement for convemence, Orgamzat~on will be prod an amount not to exceed the total mount of accrued expenditures as of the effective date of termination In no event will this compensation exceed an amount, whmh bears the same ratio to the total Page 7 of 17 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, Caty shall advase Organization, m writing, as to conditions prece- dent to the resumptaon of funchng and specify a reasonable date for compliance In case of termmatlon, Orgamzataon wall rennt to City any unexpended Caty funds Ac- ceptance of these funds shall not constatute a waver of any clam Caty may otherwase have arising out ofthas Agreement 13 PERSONNEL POLICIES Personnel pohcaes shall be estabhshed by Organazatlon and shall be avalable for examl- nataon Such personnel pohcles shall A Be no more hberal than C~ty's personnel policies, procedures, and practices, lncludmg pohcaes with respect to employment, salary and wage rates, workang hours and hohdays, fringe benefits, vacataon and sick leave privileges, and travel, and B Be m wntmg and shall be approved by the governing body of Organization and by Caty 14 EQUAL OPPORTUNITY AND COMPLIANCE WITIt LAWS A Orgamzatlon wall submit for Caty approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, wlthm one hundred twenty (120) days of the effectxve date ofthas Agreement B Organazataon shall comply w~th all apphcable equal employment opportunity and affirmatave action laws or regulaUons C Organazataon wall furnish all reformation and reports requested by City, and wall permit access to ats books, records, and accounts for purposes of anvestagatlon to ascertain com- phance w~th local, State and Federal rules and regulations D In the event of Orgamzatlon's non-compliance with the non-dlscnmlnatlon reqmrements, the Agreement may be canceled, termmated, or suspended an whole or In part, and Or- gamzatlon may be barred from further contracts wath City 15 WARRANTIES Orgamzataon represents and warrants that Page 8 of 17 A All mfonuataon, reports and data heretofore or hereafter requested by Caty and fumashed to Caty, are complete and accurate as of the date shown on the ~nfonnataon, data, or re- port, and, since that date, have not undergone any s~gmficant change wathout written no- tace to Caty B Any supportang financml statements heretofore requested by C~ty and furnished to Caty, are complete, accurate and fmrly reflect the finanmal condat~ons of Organ~zataon on the date shown on smd report, and the results of the operatmn for the period covered by the report, and that sance said date, there has been no material change, adverse or otherwise, an the fmancml condataon of Organlzataon C No htagataon or legal proceedings are presently pending or threatened against Organaza- taon D None of the provmaons herean contravene or are in conflmt wath the authonty under whach Orgamzatlon is dmng busaness or wath the provaslons of any exastlng indenture or agree- ment of Orgamzataon E Organazatlon has the power to enter ~nto this Agreement and accept payments hereunder, and has taken all necessary actaon to authorize such acceptance under the terms and con- dataons ofthas Agreement F 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 in the financial statements furmshed by Organazataon to Caty Each of these representataons and warrantaes shall be continuing and shall be deemed to have been repeated by the submassaon of each request for payment 16 CHANGES AND AMENDMENTS A Any alterations, addmons, or deletions to the terms ofth~s Agreement shall be by written amendment executed by both partaes, except when the terms of th~s Agreement expressly provide that another method shall be used B Organazatmn may not make transfers between or among approved line ~tems within budget categories set forth m Exhab~t B wathout prior written approval o£the Commumty Development Admamstrator for the City Organ~zatmn shall request, m wntang, the budget revasmn m a form prescribed by Caty, and such request for revision shall not m- crease the total monetary obhgatmn of C~ty under thas Agreement In add~tmn, budget revasmns cannot sagmficantly change the nature, antent, or scope of the program funded under thas Agreement Page 9 of 17 C Organization will submit revised budget and program mformat~on, whenever the level of funrhng for Organazatmn or the program(s) described here~n Is altered according to the total levels eontmned m any port~on of Exhibit B D It is understood and agreed by the parttes hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur dunng the term of this Agreement Any such modffieat~ons are to be automatically incorporated into this Agreement w~thout writ- ten amendment hereto, and shall become a part of the Agreement on the effectave date spemfied by the law or regulation E City may, from t~me to t~me dunng the term of the Agreement, request changes in Exhibit A whmh may include an merease or decrease m the amount of Orgamzatlon's compensa- tion Such changes shall be incorporated m a written amendment hereto, as prowded m Subsectmn A of this SecUon F Any alterations, deletions, or adcht~ons to the Contract Budget Detail incorporated ~n Ex- h~bn B shall reqmre the prior written approval of City G Organxzatlon agrees to notify Caty Of any proposed change in physical location for work performed under this Agreement at least 30 calendar days m advance of the change Organization shall notify C~ty of any changes in personnel or governing board composi- tion I It as expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among smd programs will be permitted 17 NOTIFICATION OF ACTION BROUGItT In the event that any clmm, demand, suit or other action is made or brought by any per- son(s), firm corporation or other entity agaanst Organizat~on, Organization shall give written no- t, ce thereof to C~ty w~th~n two working days aider being notffied of such clmm, demand, suit or other action Such notice shall state the date and hour ofnotfficatlon of any such claim, demand, stat or other action, the names and addresses of the person(s), firm, corporation or other entity makmg such claim, or that instituted or threatened to lnshtute any type of action or proceeding, the basis of such clmm, action or proceeding, and the name of any person(s) against whom such claim ~s being made or threatened Such written notice shall be dehvered either personally or by marl 18 Page 10 of 17 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 habil- ity of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, stats or damages of any character whatsoever re- suiting ~n whole or m part from the performance or omission of any employee, agent or representative of Organization. B Organization agrees to provide the defense for, and to ~ndemnffy 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 habffity arising out of the use of these contracted funds and program administration and ~mplementat~on except to the extent caused by the willful act or omission of C~ty, its agents or em- ployees 19. INSURANCE A Organization shall observe sound business practices w~th respect to providing such bond- Ing and insurance as would provide adequate coverage for servmes offered under this Agreement B The premises on and ~n which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise habihty insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional in- sured Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements C Organization will comply w~th applicable workers' compensation statutes and will obtain employers' llabihty coverage where available and other appropriate habihty coverage for program participants, ~f appheable D Orgamzat~on will mmntmn adequate and continuous habfl~ty insurance on all vehmles owned, leased, or operated by Organization All employees of Organization who are re- qmred to drive a vehmle in the normal scope and course of their employment must pos- sess a vahd Texas Drivels license and automobile habfllty Insurance Evidence of the employee's current possession Of a vahd hcense and insurance must be mmntalned on a current basis m Organization's files E Actual losses are not covered by insurance as reqmred by this Section are not allowable costs under th~s Agreement, and remmn the sole respons~bthty of Organization Page 11 of 17 F The pohcy or pohcaes of insurance shall contmn a clause which requires that City and Orgamzat~on be notffied m writing of any cancellation or change in the pohey at least 30 days prior to such change or cancellation 2O CONFLICT OF INTEREST A Organization covenants that neither at nor any member of its governing body presently has any interest, direct or indirect, winch would conflict m any manner or degree with the performance of servmes required to be performed under this Agreement Orgamzatlon further covenants that m the performance of tins Agreement, no person having such inter- est shall be employed or appointed as a member of its governing body B Organization further covenants that no member of its governing body or Its staff, subcon- tractors or employees shall possess any interest an or use his/her position for a purpose that as or g~ves the appearance of being motivated by desire for private gain for ham- self/herself, or others, particularly those with whmh he/she has family, business, or other ties C No officer, member, or employee of City and no member of its governing body who ex- ercises any function or respons~inhtIes m the review or approval of the undertaking or carrying out of this Agreement shall pammpate in any decision relaung to the Agreement winch affects has or her personal interest or the interest in any corporation, parmersh~p, or assocmtaon m winch he or she has a direct or mdlrect interest 21. NEPOTISM Organ~zatmn shall not employ in any prod capamty any person who as a member of the ~mmedaate family of any person who as currently employed by Organization, or is a member of Orgamzataon's govermng board The term "member of immediate family" includes wife, hus- band, son, daughter, mother, father, brother, sister, an-laws, aunt, uncle, nephew, niece, steppar- ent, stepchild, half-brother and half-sister 22 NOTICE Any notme or other written instrument reqmred or permitted to be delivered under the terms of tins Agreement shall be deemed to have been dehvered, whether actually received or not, when deposited m the United States marl, postage prepmd, registered or certified, return re- ceipt requested, addressed to Organization or City, as the case may be, at the following ad- dresses CITY ORGANIZATION Page 12 of 17 City of Denton, Texas Denton County Friends of the Famdy Attn C~ty Manager ATTN Jane Ogletree, Director 215 E McKmney P O Box 640 Denton, TX 76201 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certffied mml, return receipt requested 23. 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 mst~tut~on w~thout the prior written approval of C~ty B If any provision of this Agreement xs held to be ~nvahd, illegal, or unenforceable, the re- mmnmg provisions shall rem~un in full force and effect and contmue to conform to the ongmal intent of both parties hereto C In no event shall any payment to Orgamzat~on hereunder, or any other act or failure of C~ty to resist in any one or more mstances upon the terms and conditions of this Agree- ment constitute or be construed in any way to be a wmver by C~ty of any breach of cove- nant or default wluch may then or subsequently be committed by Orgamzat~on Neither shall such payment, act, or omission in any manner lmpmr or prejudice any right, power, pnmlege, or remedy avmlable to C~ty to enforce ~ts rights hereunder, wluch rights, pow- ers, privileges, or remedies are always specffically preserved No representative or agent of C~ty may wmve the effect of this prowslon D Tlus Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, un- derstandmg, or other commitment oecumng dunng the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed ~n writ- rog, and if appropriate, recorded as an amendment of th~s Agreement E In the event any disagreement or dispute should arise between the partms hereto pertmn- lng to the mterpretat~on or meanmg of any part ofth~s Agreement or ~ts govermng roles, codes, laws, ordmances, or regulations, City as the party ultimately responsible to HUD for matters of comphance, will have the final authority to render or to secure an ~nterpre- tatlon Page 13 of 17 F Thts Agreement shall be interpreted in accordance w,th the laws of the State of Texas and venue of any htlgatlon concermng this Agreement shall be in a court of competent juns- dlcUon sitting m Denton County, Texas iN WITNESS WH .F/I.EOF, the p~t~es, do hereby affix their s~gnatures and enter rote th~s Agreement as of the ~1~_ day of~~:~, 2000 CITY OF DENTON, TEXAS / I(/I]CH'AE~ JF' ~TY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Name of OrgamzaUon EX]~UTIVE-~DIt~TOR ATTEST Page 14of17 EXHIBIT "A" WORK STATEMENT Accept clients without regard to raceme level, age, gender, race, national ong~n, physmal hamhcap, sexual preference, or political persuasion Keep a record of this mformat~on for all clients recelwng serv~cas · Meet or exceed the gmdelmes of the appropriate hcenslng or accreditation entity · Provide a toll free, 24-hour crisis hothne av~ulable to all md~wduals in a domestic vio- lence cns~s, sexual assault crisis or in need of ~nformat~on and referral · Prowde protective residential shelter for fam~hes w~th 24-hour servme to shelter res~- donts · Provide family violence outreach lncluchng commtm~ty education to all residents of Denton with an emphasis on low-raceme areas of the commumty · Provide a sexual assault program including a rape crisis team on call 24 hours per day to advocate for the wet,m, a Rape Crisis Advocate, information and support, and ~ndlv~dual and group counseling · P?oxnde chid and adolescent treatment serwces for ages 3 through 17 lncluchng play therapy, actlwty therapy, and md~wdual and group therapy · Provide a batterers intervention program geared to facilitate the batterer to take respons~- blhty for his or her abumve behavior and generate non-controlhng, non-abusive behawors to handle situations · Provide a parenting program designed spemfically for famd~es expenenmng cns~s and extreme stress or refer wet,ms of domestic wolence to such a program m the commumty · Work with other human serrate agenmes to assist homeless or potentmlly homeless fame- lies to achieve self-sufficiency · Work with local homeless providers to prowde housing and transitional serwces to home- less and potentially homeless famlhes who are wet,ms of domestm wolence and/or sexual assault OUTCOME MEASURES · Provide services to at least 500 City of Denton residents during the contract year · Send an agency representative to each quarterly meeting of the Continuum of Care Planmng Committee Page 16 of 17 EXHIBIT "B" BUDGET EXAMPLE Employee Salaries $36,000 00 (D~reet Care Staff Only) M~onthly Request $ 3,000 00 Page 17of17