HomeMy WebLinkAboutResolution - 040876D - Agreement - Lubbock Rape Crisis Center - Counseling Services - 04_08_1976 (2)KJ/dw
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK is hereby authorized
and directed to execute for and on behalf of the CITY OF LUBBOCK an
AGREEMENT between the CITY OF LUBBOCK and the LUBBOCK RAPE
CRISIS CENTER, attached herewith, which shall be spread upon the Minutes
of the COUNCIL and as spread upon the Minutes of this COUNCIL shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 8th day of April 1976.
RO BASS, MAYOR
ATTEST:
42 0 � &4 j AY44L
Treva Phillips, Cit Secretary -Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., City tt ne
CONTRACT BETWEEN CITY OF LUBBOCK AND
LUBBOCK RAPE CRISIS CENTER
WHEREAS, there exists within the City of Lubbock, Texas a need
for confidential intervention counseling with the victims of rapes; and
WHEREAS, it is believed that such counseling with be of substantial
assistance to the successful prosecution of rape cases; and
WHEREAS, rape victims are in need of special medical and
counseling services in order to assist them in recovering from such criminal
attacks, and
WHEREAS, the City of Lubbock is Grantee of a certain Criminal
Justice Council Grant for the operation of a rape crisis center, said grant
to be for the period March 1, 1976 to February 28, 1977; and
WHEREAS, the City of Lubbock does not have the specialized
staff personnel to properly operate the counseling services needed by rape
victims and has thus made arrangements with the Lubbock Rape Crisis Cente
a Texas non-profit corporation, to prbAle the services stipulated in the above
described Criminal Justice Council Grant;
NOW, THEREFORE, the City of Lubbock, Texas (hereinafter called
"City"), acting through its duly elected undersigned officers, hereby con-
tracts with and the Lubbock Rape Crisis Center, a Texas non-profit corpora-
tion, (hereinafter called "Center"), hereby agrees to provide the services
stipulated below upon the following terms and conditions:
(1)." Services. -- The Center will provide
(a). Twenty-four hour per day confidential crisis interven-
tion counseling to rape victims under the supervision
of a full-time coordinator and full-time assistant co-
o rdinato r;
(b). Trained volunteer counselors who have been recruited,
screened and trained in a comprehensive program that
will enable them to effectively work with rape victims
and the victims' family;
(c). Programs and information to radio, television and other
media, and appearances before community organizations
which will increase public awareness of the problem of
dealing with the crime of rape in the community;
(d). Information, counseling and a supportive framework to
increase both the accuracy of reporting and the prosecu-
tion for the crime of rape;
(e). Women of the community with information on rape pre-
vention measures which will hopefully reduce their
vulnerability to said crime;
(f) Para -professional services in coordinating the preven-
tion, counseling of victims, reporting and prosecution
for the crime of rape in Lubbock by working closely with
the Lubbock Police Department, Lubbock County Sheriff!
Department, the District Attorney's office, Texas Tech
School of Medicine, City -County Health Bureau, Human
Development Center, Family Services Association,
Department of Public Safety (self defense experts), Aid
Ambulance and EMS, and various hospitals in the area;
(g). Any other ancillary services indicated or reasonably
lapplied in the Criminal Justice Council Grant applica-
tion SAI #TX51101012 submitted by the City of Lubbock
to the Criminal Justice Council on November 18, 1975.
(2). Contract price. -- The City agrees to pay the Center the sum
Page #2
of Twenty -Eight Thousand Seven Hundred Dollars ($28, 700. 00) (or the actual
amount of funds disbursed under the Criminal Justice Grant, if less, ) for the
above services to be rendered between March 1, 1976 and February 28,
1977, such payments to be made in such amounts and at such times as the
funds are disbursed under the Criminal Justice Council Grant resulting from
application SAI #TX51101012. In addition, the City will make the "in -kind"
contribution set: forth in the above described Criminal Justice Council Grant
application submitted on November 18, 1975, it being understood and
agreed that the City is not obligated for cash payments in excess of those
actually made under the above Criminal Justice Grant.
(3). Independent Contractor - Indemnity. -- The parties hereto
understand and agree that the relationship of the Center to the City is that
of independent contractor and the City shall have no control- over the
day to day operations or policies of the Center. Further, the Center shall
indemnify, save and hold harmless the City from damages of any nature,
resulting from contacts of the Center staff or volunteers with rape victims,
their families or those accused of rape.
(4). Designated agents. -- The Center will direct inquiries for
information, assistance and guidance to the City Manager, N. B. McCul
The City will make inquiries and requests for information directly to
Rebecca Mahan, Coordinator of the Center, or her successor.
(5). Acceptance - cancellation. -- This agreed contract for ser-
vices must be accepted and approved effective March 1, 1976 by the Board
of Directors of the Lubbock Rape Crisis Center on behalf of the Center, and
by the Lubbock City Council on behalf of the City of Lubbock. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS CONTRACT, the City may
upon ten days written notice cancel the remaining portion of this contract
for services in the event that the above referenced Criminal Justice Council
Grant is either cancelled or is terminated prior to the date February 28,
1977.
Page #3
EXECUTED this 8th day of April, 1976.
n� LUBBOCK RAPE CRISIS CENTER
5�K UV 10� BY:
Sara McLarty, SecretBetty JVheeler, President
ACCEPTED and approved by the vote of the City Council on the
8th day of April, 1976, the (vote being 5 Yeas, 0 Nays.
CITY !jU1,3B, TEXAS
Attest: B :
Y
Roy Bass, Mayor
i
Treva Phillips, S cretary
ppp ed as to forma
Fred O. Senter, Jr., City Attorney
Page 04
LAW OFFICES
BASS & HOBBS
16 ®RIERCROFT OFFICE PARK
LUBBOCK, TEXAS
ROY BABi 79412 AREA CODE !De
KENNCfT NOB" 747."62
R. BYRN BA,., .IR. April 1, 1976
Mr. N. B. McCullough
City Manager
City Hall
Lubbock, Texas 79401
RE: Contract between the City of Lubbock and Lubbock Rape Crisis Center
Dear Mac:
Attached please find a contract under the terms of which the City of Lubbock
will contract with the Lubbock Rape Crisis Center to furnish the services now
being performed under the Criminal Justice Grant obtained by the City for this
purpose. The Lubbock Rape Crisis Center is a Texas non-profit corporation
and it is my understanding that it was the feeling of both the City and the Center
staff that it would be a more workable arrangement to have the Center established
as an independent entity rather than continuing it as a unit of the City staff.
It is my further understanding that Becky Mahan has worked this out with
Larry and the attached contract has been revised in accordance with suggestions
of Mr. Kenneth Jones of the City's Legal Department.
I have asked for and been accorded a place on the City Council docket for April 8,
1976 at which time a representative of the Center will present the contract to
the City Council and request their concurrence and its execution.
Would you please see that members of the Council are furnished with a copy of
the contract.
Should you have any questions, please given me a call at 747-4262. Thank you
very much.
Respectfully,
nnett Hobbs
Enclosures
cc: Mr. Ken Jones
Ms. Becky Mahan
Ms. Betty Wheeler, President, Lubbock Rape Crisis Center
(w/enclosure)
CONTRACT BETWEEN CITY OF LUBBOCK AND
LUBBOCK RAPE CRISIS CENTER
WHEREAS, there exists within the City of Lubbock, Texas a need for
confidential intervention counseling with the victims of rapes; and
WHEREAS, it is .believed that such counseling will be of substantial
assistance to the successful prosecution of rape cases; and
WHEREAS, rape victims are in need of special medical and
counseling services in order to assist them in recovering from such
criminal attacks; and
WHEREAS, the City of Lubbock is Grantee of a certain Criminal
Justice Council Grant for the operation of a rape crisis center, said grant
to be for the period March 1, 1976 to February 28, 1977; and
WHEREAS, the City of Lubbock does not have the specialized staff
personnel to properly operate the counseling services needed by rape victims
and has thus made arrangements with the Lubbock Rape Crisis Center, a
Texas non-profit corporation, to provide the services stipulated in the
above described Criminal Justice Council Grant;
NOW, THEREFORE, the City of Lubbock, Texas (hereinafter called
"City"), acting through its duly elected undersigned officers, hereby con-
tracts with and the Lubbock Rape Crisis Center, a Texas non-profit corpora-
tion (hereinafter called "Center"), hereby agrees to provide the services
stipulated below upon the following terms and conditions:
(1). Services. -- The Center will provide
(a). Twenty-four hour per day confidential crisis intervention
counseling to rape victims under the supervision of a full-
time coordinator and full-time assistant coordinator;
(b). Trained volunteer counselors who have been recruited,
screened and trained in a comprehensive program that will
enable them to effectively work with rape victims and the
victim's family;
Programs and information to radio, television and other media,
ad appearances before community organizations which will
zcrease public awareness of the problems of dealing with
he crime of rape in the community;
M. Information. counseling and a supportive framework to
increase both the accuracy of reporting and the prosecution
for the crime of rape;
(e). Women of the community with information on rape prevention
measures which will hopefully reduce their vulnerability to
said crime;
M. Para -professional services in coordinating the prevention,
counseling of victims, reporting and prosecution for the .
crime of rape in Lubbock by working d osely with the Lubbock
Police Department, Lubbock County Sheriff's Department,
the District Attorney's office, Texas Tech School of Medicine,
City -County Health Bureau, Human Development Center,
Family Services Association, Department of Public Safety
(self defense experts), Aid Ambulance and EMS, and various
hospitals in the area;
(g). Administration and disbursement of all project funds, federal
and matching, in accordance with fiscal guidelines and re=
quirements outlined in the Financial Manual for Action and
Planning Grants Awarded by the Criminal Justice Division
and Statement of Grant Award. In addition the Center will
accept sole responsibility for payment of all services and
materials contracted in the execution of the program.
(h). Accountability for all program funds received in cash or in -
kind and for total cost of the grant program whether paid with
federal or matching fund shares.
(i). Monthly reports of the total program receipts and expenditures
will be furnished to Sterling Miller, the City's financial
officer designated in the grunt, with adequate detail of cost to
enable proper determination of cost alkowability;
(j). Books, records and other evidence pertaining to the cost and
expenses of this contract to the extent and in such detail as
will properly reflect all net cost, direct and indirect, of labor,
material, equipment, supplies and services, and other costs
and expenses of whatever nature for which reimbursement is
claimed under the provisions of this contract, and make
available for inspection, audit or reproduction by any authorized
representative of the Comptroller General of the United States,
Department of Justice or the State of Texas such books, records,
and documents. The Center will further maintain these records
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for three years after final payment or until a federally approved
audit has been made and all questions arising therefrom are
resolved;
(k). Any other ancillary services indicated are reasonably applied
in the Criminal Justice Council Grant No. AC-76-801-3631.
(2). Contract price. -- The City agrees to pay the Center the sum
of Twenty -Eight Thousand Seven Hundred Dollars ($28, 700.00) (or the actual
amount of funds disbursed under the Criminal Justice Grant, if less,) for
the above services to be rendered between March 1, 1976 and February 28,
1977, such payments to be made in such amounts and at such times as the
funds are disbursed under the Criminal Justice Grant AC-76-801-3631.
In addition, the City will make the "in -kind" contribution set forth in the
above described Criminal Justice Council Grant, it being understood and
agreed that the City is not obligated for cash payments in excess of those
actually made under the above Criminal Justice Grant. The procedure for
disbursement of such funds shall be as follows: each month the coordinator
of the Rape Crisis Center will furnish to the City's financial officer, Sterling
Miller, a detailed list of receipts and expenditures prepared in conformance
with suggestions of Mason, Nickels & Warner, Certified Public Accountants,
Lubbock, Texas and a certification that the Lubbock Rape Crisis Center has
in fact delivered the services obligated to be delivered under paragraph 1 above
for the preceeding month.
(3). Independent Contractor - Indemnity. -- The parties hereto understand
and agree that the relationship of the Center to the City is that of independent
contractor and the City shall have no control over the day to day operations
or policies of the Center. Further, the Center shall indemnify, save and
hold harmless the City from damages of any nature resulting from contacts
of the Center staff or volunteers with rape victims, their families or those
accused of rape.
(4). Designated agents. -- The Center will direct inquiries for information,
assistance and guidance to H. B. McCullough, . financial officer of the grant and
assistant to the City Manager of Lubbock, Texas. The City will make
inquiries and requests for information directly to Rebecca Mahan, Coordinator
of the Center, or her successor.
(5). Officials not to benefit. -- No officer, member or employee of the
CJD and no member of its governing body, and no other public officials
of the governing body of the locality or localities in which the project is
situated or being carried out who exercise any functions or responsibilities
in the review or approval of the undertaking or carrying out of this project,
shall participate in any decision relating to this Contract which affects
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his personal interest or have any personal or pecuniary interest, direct
or indirect, in this Contract or the proceeds thereof.
No members of or Delegate to the Congress of the United States of .
America, no Resident Commissioner, or employee of the LEAA or
Department of Justice, shall be admitted to any share or part thereof or
to any benefit to arise herefrom.
(6). Copeland Act Compliance. -- The C e nt e r shall not induce
by any means any person employed in the construction, completion or
repair of the work under this contract, to give up any part of the compensa-
tion to which he is entitled.
No member of or delegate to Congress, or state official, or resident
commissioner, shall be allowed to any share or part of this contract,
or to any benefit that may arise therefrom.
The Center: agrees to insert this clause V1I into all subcontracts
entered into in the performance of the work assigned by this contract.
(7). Minority and small business. -- In all subcontracts the _C e n t e r.
will be encouraged to utilize small businesses, and minority suppliers
and services and to purchase materials and supplies of United State origin
for use in the completion of this contract.
(8). Equal Employment Opportunity. -- During the performance of
this contract, the Center agrees as follows:
(a). The Center will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, or
national origin. The C e n t e r will take affirmative action to ensure
that applicants are employed, and that employees are treated during employ-
ment without regard to their race, color, religion, sex or national origin.
Such action shall include, but not be limited to the following: Employment,
upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The C e h t e r - agrees
to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(b). The C e n t e r will, in all solicitations or advertisements
for employees placed by or on behalf of the Ce n t e r state that all
qualified applicants will receive consideration for employment without
regard to race, color,religion, sex, or national origin.
(c). The C e nt e r will send to each labor union or representative
of workers with which he has a collective bargaining agreement or other contract
or understanding, a notice to be provided advising the said labor union or
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workers' representatives, of ..the Center's commitments underthissection and
shall post copies of the notice -in conspicuous places available to employees
and applicants for employment.
(d). The Center will comply with all Provisions for Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(e). The Center will furnish all information and reports required
by Executive Order 11246, and by rules, regulations, and orders of the Secre-
tary of Labor or pursuant thereto and will permit access to his books, records
and accounts by the administering agency and the Secretary of Labor for purpose
of investigation to ascertain compliance with such rules, regulations, and orders.
( 9). Protection of Workmen and Prevailing Wage Laws. -- Should the
Center let any construction contracts, it shall comply with Articles 5159a, 5182
and 5182-1 of the Texas Civil Statutes.
(10): Acceptance - Cancellation. --
(a). This agreed contract for services must be accepted and ap-
proved effective March 1, 1976 by the Board of Directors of the Lubbock Rape
Crisis Center on behalf of the Center, and by the Lubbock City Council on be-
half of the City of Lubbock, Texas. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS CONTRACT, the City may upon ten (10) days written notice cancel the
remaining portion of this contract for services in the event that the above referenced
Criminal Justice Counsel Grant No. AC-76-801-3631 is either cancelled or
terminated prior to February 28, 1977. Further, in the event that the City
determines that the Center's performance under the contract is not in compliance
with the contract,- or is otherwise unsatisfactory, the City may likewise terminate
the contract on ten (10) days.written notice. In addition, this contract -may be
terminated by the City in accordance with this clause in whole or in part, from
time to time, whenever such termination is in the best interest of the City.
(b). Where the termination occurs as a result of lack of CJD grant
funds, unsatisfactory performance on the part of the Center, or because such
termination is found to be in the best interest of the City, said termination will
be effected by delivery to the Center of a Notice of Termination specifying to
what extent performance of work under the contract has been terminated, and
the effective date of the termination. The Center shall submit to the City its
termination claim within sixty (60) days from the effective date of the termina-
tion unless an extension in writing is allowed by the City. The City and the
Center may agree ,upon the whole or any part of the amount to be paid to the
Center provided that such agreed amount exclusive of settlement cost, shall not
exceed the total contract price as reduced by the contract price of the work not
completed and the amount of payments otherwise made. It is mutually agreed
between the City and the Center that costs of questionable allowability will be
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withheld from reimbursement to the Center until the grant has been audited and
actual allowability determined by mutual agreement of the parties or by an
auditor of the state or federal government.
EXECUTED this 27th day of May, 1976.
Attest:
rf
arah McLarfgy. 6ec-rikary
LUBBOCK RAPE CRISIS CENTER
By=C „ C
Betty Wheeler, President
ACCEPTED and approved by vote of the City Council on the 27th
day of May, 1976, the vote being five (5) Yeas, and None (0) Nays.
Attest:
Treva Phillips, S cretary
CITY U OCK, TEXAS
By:
y ass, Mayor
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