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HomeMy WebLinkAbout1992-188ORDINANCE NO. AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Fred Moore Child Care Center, in consideration of the valuable public services to be furnished by Fred Moore Child Care Center to the City of Denton in accordance with the "Funding Agreement" attached here- to; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Funding Agreement" attached hereto, between the City of Denton and Fred Moore Child Care Center, and authorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. SECTION III That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the � & day of �rt.., 1992. CASTLEBERRY, ATTEST: JENNIFER WALTERS, BY: BY: PAD AS OTO LEGAL FORM: X A. DRAYOVITCH, CITY ATTORNEY LIAO AAA00056 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE CHILD CARE CENTER 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 Fred Moore Child Care Center, a non- profit corporation with offices at 821 Cross Timber, Denton, Texas 76201, (hereinafter referred to as Agency); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assis- tance and has provided for Twenty-seven Thousand Seven Hundred Twenty No/100 Dollars ($27,720.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. To provide low cost day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Twenty -Seven Thousand Seven Hundred Twenty and No/100 ($27,720.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and 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 re- view of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Community Development Of- fice along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. 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 the Executive Director of Finance or his authorized representative for further direction. H It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harm- less from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. J. Each year, it will submit to the City a copy of its year-end audited financial statement. III, TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1992 through September 30, 1993. IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator: PAGE 2 $6,930 on or after January 1, 1993 $6,930 on or after April 1, 1993 $6,930 on or after July 1, 1993 $6,930 on September 30, 1993 B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Twenty -Seven Thousand Seven Hundred Twenty No/100 Dollars ($27,720.00) for all of the services rendered. C. The City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and main- tenance system whereby the services can be continuously monitored The Agency agrees to make available its financial records for re- view by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and reports: A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data 1. Number of children served each month. 2. Income level of families participating in program. 3. Race and/or ethnicity of participating children. D. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include expenses and income, outstanding obligations and beginning and ending balances VI. DIRECTORS' MEETINGS During the term of this Contract, the Agency shall deliver to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be de- livered in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed Agency understands and agrees that City representatives shall be PAGE 3 afforded access to all Board of Director's meetings. Minutes of all meetings of the Agency's governing body shall be available to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bank- ruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is ren- dered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not consti- tute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval, a written plan for com- pliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B. Agency shall comply with all applicable equal employment op- portunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. PAGE 4 D. In the event of the Agency's non-compliance with the non- discrimination requirements, the Contract may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency 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 services required to be performed under this Contract. The Agency further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the 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 Contract shall (1) participate in any decision relating to the Contract which affects 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 Contract or the proceeds thereof. X. NEPOTISM Agency 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 Agency, or is a member of Agency's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step -child, half-brother and half-sister PAGE 5 IN WITNESS WHEREOF, the parties do hereby affa,ieir si tures and enter into this Funding Agreement as of the 5#"' day of < 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Lb� ATTEST: BY: SECRETARY AM00056 CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MA FRED MOORE CHILD CARE CENTER DIRECTOR PAGE 6