HomeMy WebLinkAbout1999-331ORDINANCE NO 3�
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE
PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2384
— CHILDCARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO DENTON CITY
COUNTY DAY SCHOOL, INC IN THE AMOUNT OF $23,000)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies 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
herein 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 competitive bids for materials, equipment, supplies, or services,
described in the `Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid
number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such
items
BID ITEM
NUMB E NO CONTRACTOR AMOUNT
2384 ALL DENTON CITY COUNTY DAY SCHOOL, INC $23,000
SECTION II That the acceptance and approval of the above competitive bids, the City accepts the
offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, specifications, standards, quantities and for the specified
sums contained in the Bid Invitations, Bid Proposals, and related documents
SECTION III That the City and persons submitting approved and accepted items and of the
submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and
awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the
written contracts which shall be attached hereto, provided that the written contract is in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and
related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above competitive bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids
or pursuant to a written contract made pursuant thereto as authorized herein
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the '-�Aay of ° 1999
y�LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY r
APPROVED AS TO LEGAL FORM
HERBERR%T/L PPROUTY, CITY ATTORNEY
2384 CHILD CARE PROGRAM FOR LOW-INCOME FAMILIES CONTRACT ORDINANCE
1999-2000 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON CITY COUNTY DAY SCHOOL, INC.
BID #2384
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Municipal Corporation, hereinafter referred to as "City", and the Denton City County Day
School Inc , a non-profit corporation, hereinafter referred to as "Organization",
WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for
services and has determined that Organization performs an important service for the residents of
Denton without regard to race, religion, color, age or national origin, and HSC recommends the
purchase of services, 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 in its budget for the purpose
of paying for contractual services,
NOW, THEREFORE, the parties hereto mutually agree as follows
1.
SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used
A Provide low cost day care to low income families where parent(s) work and/or attend
school or actively seek employment
B Provide two nutritional meals, breakfast and lunch, for the children it serves
C Organization shall perform those services described in the Work Statement herein at-
tached 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 Twenty Three Thousand Dollars ($23,000 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 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 maintain 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 It will permit authorized officials of City to review its books at anytime
D It will reduce to writing all of its rules, regulations, and policies and file a copy with
City's Community Development Office along with any amendments, additions, or revisions
whenever adopted
E It will not enter into any contracts that would encumber City funds for a period that
would extend beyond the term of this Agreement
F It will promptly pay all bills when submitted unless there is a discrepancy in a bill, any
errors or discrepancies in bills shall be promptly reported to City's Assistant City Manager for
Fiscal & Municipal Services, or her authorized representative, for further direction
G It will appoint a representative who will be available to meet with City's Assistant
City Manager for Fiscal & Municipal Services and other City officials when requested
H It will indemnify and hold harmless City from any and all claims and suits ansing out
of the activities of Organization, its employees, and/or contractors
It will submit to City copies of year-end audited financial statements
3.
TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame
October 1, 1999 through September 30, 2000, unless the contract is sooner terminated un-
der Section 7 "Suspension or Termination"
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A Organization understands that funds provided to it pursuant to this Agreement are
funds which have been made available to City by the Federal Government (U S Department of
Housing and Urban Development) under the Housing and Community Development Act of
1974, as amended, in accordance with an approved Grant Application and specific assurances
Accordingly, Organization assures and certifies that it will comply with the requirements of the
Housing and Community Development Act of 1974 (P L 93-383) as amended and with regula-
tions promulgated thereunder, and codified at 24 CFR 570 The foregoing is in no way meant to
PAGE 2
constitute a complete compilation of all duties imposed upon Organization by law or administra-
tive ruling, or to narrow the standards which Organization must follow
Organization further accrues and certifies that if the regulations and issuances promul-
gated pursuant to the Act are amended or revised, it shall comply with them, or notify City, as
provided to Section 24 of this Agreement
Organization agrees to abide by the conditions of and comply with the requirements of
the Office of Management and Budget Circulars Nos A-110 and A-122
B Organization shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of Denton
5
REPRESENTATIONS
A Organization assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and official motion, resolution or action passed or taken, to enter into this
Agreement
B The person or persons signing and executing this Agreement on behalf of Organiza-
tion, do hereby warrant and guarantee that he, she, or they have been fully authorized by Organi-
zation to execute this Agreement on behalf of Organization and to validly and legally bind Or-
ganization to all terms, performances and provisions herein set forth
C City shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either Organization or
the person signing the Agreement to enter into this Agreement Organization is liable to City for
any money it has received from City for performance of the provisions of this Agreement if City
has suspended or terminated this Agreement for the reasons enumerated in thts Section
D Organization agrees that the funds and resources provided Organization under the
terms of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which would
have been available to, or provided through, Organization had this Agreement not been executed
6
COVENANTS
A During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, Organization shall not, without the prior written consent of the
Community Development Administrator or her authorized representative
PAGE
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of Organization now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets
of Organization which are allocated to the performance of this Agreement and with re-
spect to which City has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables,
notes or claims for money due or to become due
(3) Sell, convey, or lease all or substantial part of its assets
(4) Make any advance or loan to, or incur any liability for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds paid to Organization by City, unless City authorizes such transfer
B Should Organization use funds received under this Agreement to acquire or improve
real property under Organization's control, Organization agrees and covenants
(1) That the property shall be used to meet one of the national objectives stated in
24 CFR 570 until August 31, 2006
(2) That should Organization transfer or otherwise dispose of said property on or
before August 31, 2006, Organization shall reimburse City in the amount of the fair mar-
ket value of this property less any portion of the value attributable to expenditures of non-
CDBG funds for acquisition of, or improvement to, the property
C Organization agrees, upon written request by City, to require its employees to attend
training sessions sponsored by the Community Development Office
7.
PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Organization a maximum amount of
money not to exceed $23,000 00 for services rendered under this Agreement City will pay these
funds on a reimbursement basis to Organization within 20 days after City has received support-
ing documentation Organization's failure to request reimbursement on a timely basis, may
jeopardize present or future funding
B EXCESS PAYMENT Organization shall refund to City within ten working days of City's
request, any sum of money which has been paid by City and which City at any time thereafter
determines
PAGE
1) has resulted in overpayment 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 expenditure
C Organization's reimbursement request for any one month period will not exceed one -
fifth (115) 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 specified in
Exhibit A, City hereby reserves the right to reappropnate or recapture any such under expended
funds If City finds that Organization is unwilling and/or unable to comply with any of the terms
of this Contract, City may require a refund of any and all money expended pursuant to this Con-
tract by Organization, as well as any remaining unexpended fiends which shall be refunded to
City within ten working days of a written notice to Organization to revert these financial assets
The reversion of these financial assets shall be in addition to any other remedy available to City
either at law or in equity for breach of this Contract
E CONTRACT CLOSE OUT Organization shall submit the contract close out package to
City, together with a final expenditure report, for the time period covered by the last invoice re-
questing 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 Organi-
zation
8.
MAINTENANCE OF RECORDS
A Organization agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement, in compliance
with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State
regulations establishing standards for financial management Organization's record system shall
contain sufficient documentation to provide in detail full support and justification for each ex-
penditure Nothing in this Section shall be construed to relieve Organization of fiscal account-
ability and liability under any other provision of this Agreement or any applicable law Organi-
zation shall include the substance of this provision in all subcontracts
B Organization agrees to retain all books, records, documents, reports, and written ac-
counting procedures pertaining to the operation of programs and expenditures of funds under this
Agreement for five years
C Nothing in the above subsections shall be construed to relieve Organization of respon-
sibility for retaining accurate and current records which clearly reflect the level and benefit of
services provided under this Agreement
PAGE
D At any reasonable time and as often as City may deem necessary, the Organization
shall make available to City, HUD, or any of their authorized representatives, all of its records
and shall permit City, HUD, or any of their authorized representatives to audit, examine, make
excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions or employment and all other data requested by said
representatives
9.
REPORTS AND INFORMATION
At such times and in such form as City may require, Organization shall furnish such
statements, records, data and information as City may request and deem pertinent to matters cov-
ered by this Agreement
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each three months The beneficiary report shall detail client information, including race,
income, female head of household and other statistics required by City The financial report shall
include information and data relative to all programmatic and financial reporting as of the begin-
ning date specified in Section 1 of this Agreement
Unless a written exemption has been granted by the City, Organization shall submit an
audit conducted by independent examiners with ten days after receipt of such
10
EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored Organization agrees to make available its financial
records for review by City at City's discretion In addition, Organization agrees to provide City
the following data and reports, or copies thereof
A All external or internal audits Organization shall submit a copy of the annual inde-
pendent audit to City within ten days of receipt
B All external or internal evaluation reports
C Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City's Community Development Di-
vision including but not limited to number of persons or households assisted, race, gender, dis-
ability status and household income
PAGE 6
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, outstanding obligations and beginning and ending balances
E An explanation of any major changes in program services
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 serv-
ices performed under this Agreement Organization's record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure Organiza-
tion agrees to retain all books, records, documents, reports, and written accounting procedures
pertaimng to the services provided and expenditure of funds under this Agreement for the period
of time and under the conditions specified by the City
G Nothing in the above subsections shall be construed to relieve Organization of respon-
sibility for retaining accurate and current records which clearly reflect the level and benefit of
services provided under this Agreement
11.
DIRECTOR'S MEETINGS
During the term of this 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 City 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 available to City within
ten working days of approval
12
SUSPENSION OR TERMINATION
A The City may terminate tlus Agreement with cause if the Organization violates any
covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing
of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regula-
tion to which it is bound under the terms of this Agreement
B The City may terminate this Agreement for convenience at any time If this Agreement
is terminated for convenience by the City, Organization will be paid an amount not to exceed the
total amount of accrued expenditures as of the effective date of termination In no event will this
compensation exceed an amount which bears the same ratio to the total compensation as the
services actually performed bears to the total services of Organization covered by the Agree-
ment, less payments previously made
PAGE 7
In case of suspension, City shall advise Organization, in writing, as to conditions precedent
to the resumption of funding and specify a reasonable date for compliance
In case of termination, Organization will remit to City any unexpended City funds Ac-
ceptance of these funds shall not constitute a waiver of any claim City may otherwise have ans-
ing out of this Agreement
13
PERSONNEL POLICIES
Personnel policies shall be established by Organization and shall be available for exami-
nation Such personnel policies shall
A Be no more liberal than City's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel, and
City
B Be in writing and shall be approved by the governing body of Organization and by
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Organization will submit for City approval, a written plan for compliance with the
Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120)
days of the effective date of this Agreement
B Organization shall comply with all applicable equal employment opportunity and af-
firmative action laws or regulations
C Organization will furnish all information and reports requested by City, and will per-
mit access to its books, records, and accounts for purposes of investigation to ascertain compli-
ance with local, State and Federal rules and regulations
D In the event of Organization's non-compliance with the non-discrimination require-
ments, the Agreement may be canceled, terminated, or suspended in whole or in part, and Or-
ganization may be barred from further contracts with City
15.
WARRANTIES
Organization represents and warrants that
PAGE 8
A All information, reports and data heretofore or hereafter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant 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
shown on said report, and the results of the operation for the period covered by the report, and
that since said data, there has been no material change, adverse or otherwise, in the financial
condition of Organization
C No litigation or legal proceedings are presently pending or threatened against Or-
ganization
D None of the provisions herein contravenes or is in conflict with the authority un-
der which Organization is doing business or with the provisions of any existing indenture or
agreement of Organization
E Organization has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions 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 in the financial statements
furnished by Organization to City
Each of these representations and warranties shall be continuing and shall be deemed
to have been repeated by the submission of each request for payment
16
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used
B Organization may not make transfers between or among approved line -items
within budget categories set forth in Exhibit B without prior written approval of the Community
Development Administrator for the City Organization shall request, in writing, the budget revi-
sion in a form prescribed by City, and such request for revision shall not increase the total
monetary obligation of City under this Agreement In addition, budget revisions cannot signifi-
cantly change the nature, intent, or scope of the program funded under this Agreement
PAGE 9
C Organization will submit revised budget and program information, whenever the
level of funding for Organization or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit B
D It is understood and agreed by the parties hereto that changes in the State, Federal
or local laws or regulations pursuant hereto may occur during the term of this Agreement Any
such modifications are to be automatically incorporated into this 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 during the term of the Agreement, request changes in
Exhibit A which may include an increase or decrease in the amount of Organization's compensa-
tion Such changes shall be incorporated in a written amendment hereto, as provided in Subsec-
tion A of this Section
F Any alterations, deletions, or additions to the Contract Budget Detail incorporated
in Exhibit B shall require the prior written approval of City
G Organization agrees to notify City of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change
H Organization shall notify City of any changes in personnel or governing board
composition
I It is expressly understood that neither the performance of Exhibit A for any pro-
gram contracted hereunder nor the transfer of funds between or among said programs will be
permitted
17
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity against Organization, Organization shall give written no-
tice thereof to City within two working days after being notified of such claim, demand, suit or
other action Such notice shall state the date and hour of notification of any such claim, demand,
suit or other action, the names and addresses of the person(s), firm, corporation or other entity
making such claim, or that instituted or threatened to institute any type of action or proceeding,
the basis of such claim, action or proceeding, and the name of any person(s) against whom such
claim is being made or threatened Such written notice shall be delivered either personally or by
mail
PAGE 10
18.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that City is con-
tracting 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 excep-
tions, 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 Organiza-
tion.
B Organization agrees to provide the defense for, and to indemnify 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
19.
INSURANCE
A Organization shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under this
Agreement
B The premises on and in which the activities described in Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance, com-
monly referred to as "Owner/Tenant" coverage with City named as an additional insured Upon
request of Organization, City may, at its sole discretion, approve alternate insurance coverage
arrangements
C Organization will comply with applicable workers' compensation statutes and will ob-
tain employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable
D Organization will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization 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 license and automobile liability insurance Evidence of the employee's current posses-
sion of a valid license and insurance must be maintained on a current basis in Organization's
files
E Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of Organization
PAGE 11
F The policy or policies of insurance shall contain a clause which requires that City and
Organization be notified in writing of any cancellation or change in the policy at least 30 days
prior to such change or cancellation
20
CONFLICT OF INTEREST
A Organization covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, winch would conflict in any manner or degree with the per-
formance of services required to be performed under this Agreement Organization further
covenants that in the performance of this Agreement, no person having such interest shall be em-
ployed or appointed as a member of its governing body
B Organization further covenants that no member of its governing body or its staff, sub-
contractors or employees shall possess any interest in or use his/her position for a purpose that is
or gives the appearance of being motivated by desire for private gain for himself/herself, or oth-
ers, 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 governing body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying
out of this Agreement shall (1) participate in any decision relating to the Agreement which af-
fects his personal interest or the interest in any corporation, partnership, or association in which
he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Agreement or
the proceeds thereof
21
NEPOTISM
Organization shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by Organization, or is a member of
Organization's governing board The term "member of immediate family" includes wife, hus-
band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece,
step-parent, step -child, half-brother and half-sister
22
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 United States mail, postage prepaid, registered or certified, return re-
ceipt requested, addressed to Organization or City, as the case may be, at the following ad-
dresses
CITY ORGANIZATION
City of Denton, Texas Executive Director
Attn City Manager Denton City County Day School
215 E McKinney 1603 Paisley
Denton, TX 76201 Denton, Texas 76201
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested
23
MISCELLANEOUS
A Organization shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim ansing thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City
B If any provision of this Agreement is held to be invalid, illegal, or unenforceable,
the remaining 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 Organization hereunder, or any other act or fail-
ure of City to insist in any one or more instances upon the terms and conditions of this Agree-
ment constitute 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 pay-
ment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy
available to City to enforce its rights hereunder, which 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 occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if ap-
propriate, recorded as an amendment of this Agreement
E In the event any disagreement or dispute should anse between the parties hereto
pertaining to the interpretation or meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for mat-
ters of compliance, will have the final authority to render or to secure an interpretation
F This Agreement shall be interpreted in accordance with the laws of the State of
Texas and venue of any litigation concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the 4/ 5 day of , 1999
CITY OF DENTON, TEXAS
MYil�
JA
�r
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY W
APPRO ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
M
DENTON CITY COUNTY DAY
ATTEST
BY
BOARD SECRETARY
P �FIARH�MnGL\Our Do =Mft\CMn Maz 99\cjty county &y school doc
City of Denton - Community Development Division
Qualifying Income Limits for Federally Assisted Programs
FY 1999-2000
City of Denton - Community Development Division
Qualifying Income Limits for Federally Assisted Programs
FY 1999-2000
Maximum Income Levels
Fam-
dy
Size
Moderate In -
u come
80 /o - 66 /o AMI
Low Income
65% - 51 % AMI
Very Low Income
50% - 31 % AMI
Extremely Low In-
come
30% & Below AMI
1
$32,600 - $26,501
$26,500 - $20,351
$20,350 - $12,201
$12,200 or Below
2
$37,250 - $30,251
$30,250 - $23,301
$23,300 - $13,951
$13,950 or Below
3
$41,900 - $34,051
$34,050 - $26,201
$26,200 - $15,701
$15,700 or Below
4
$46,550 - $37,851
$37,850 - $29,101
$29,100 - $17,451
$17,450 or Below
5
$50,300 - $40,851
$40,850 - $31,451
$31,450 - $18,851
$18,850 or Below
6
$54,000 - $43,901
$43,900 - $33,751
$33,750 - $20,251
$20,250 or Below
7
$57,750 - $46,901
$46,900 - $36,101
$36,100 - $21,651
$21,650 or Below
8
$61,450 - $49,951
1 $49,950 - $38,401
$38,400 - $23,051
$23,050 or Below
Source U S Department of Housing and Urban Development
Effective October 1 1999
EXHIBIT A
WORK STATEMENT
Denton City County Day School will provide child care to low and moderate income families in
the Denton area
The organization will serve children ranging in age from 18 month to 5 '/2 years In order to
quahfy for services, parents must be working, going to school full time, or doing both part time,
or actively seeking employment
The organization will be open Monday through Friday from 6 30 a in to 5 30 p in
The children will be served breakfast, lunch, and 2 snacks with all food meeting federal require-
ments for a child care facility
Curriculum will place emphasis on cognitive, affective, and psychomotor learning skills, good
health habits, and physical development Emphasis is placed on enhancing the self concept of
each individual child, as this is very significant for his/her future success
EXHIBIT B
BUDGET
City of Denton funding
$23,000 00
Monthly Request (teacher salaries) $ 1,916 67