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HomeMy WebLinkAbout1987-2081228L AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY -COUNTY DAY NURSERY, AUTHORIZING THE MAYOR TO THEREFOR, AND PROVIDINGEFOR AN PROVING THE EFFECTIVE XPENDITURE OF FUNDS 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 Denton City -County Day Nursery, in consideration of the valuable public services to be furnished by Denton City -County Day Nursery to the City of Denton in accordance with the "Funding Agreement" attached hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the "Fun ing Agreement" attached hereto, between the City of Denton and Denton City -County Day Nursery, and authorizes the Mayor to execute said agreement SECTION II That the City Council authorizes the expenditure of fun s in t e manner and amount as specified in the Agreement SECTION III That this ordinance shall become effective imme late y upon its passage and approval �� PASSED AND APPROVED this the day of 1987 d L.: P. I� i� NW732..e .� ATTEST 4%4 "LT, E ET Y APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1228L THE STATE OF TEXAS S COUNTY OF DENTON S FUNDING AGREEMENT CITY OF DENTON, DENTON CITY -COUNTY BETWEEN THE TEXAS AND DAY NURSERY 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 Nursery (hereinafter referred to as Agency), WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton origin,wandotherefore HRC recommends ifunding othe �Agency, age rnational and WHEREAS, the City has determined that the Agency merits assistance and has provided for Twelve Thousand and No/100 Dollars ($12,000 00) in its budget, NOW, THEREFORE, the parties hereto mutually agree as follows I SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks A The Agency's purpose is to provide low cost day care to low income families where both parents work B To provide two nutritional meals (breakfast and lunch) for the children II OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions A It will establish a separateOOObank 00)account for paiddeposit to tof the Twelve Thousand and N0/100 ($ , he 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 Ageny shall not thisc caccount and cshallgnotle f utilizeCethese uns reived ffunds rom tfor her sources 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 for the City of Denton to review its books at any time D It will reduce to writnghall o its srules, regulations, and policies and file a copy irector of Finance or his authorized representative 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 III TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame October 1, 1987 through September 30, 1988 IV METHOD OF PAYMENT A Payment by the City for services provided hereunder will be made as follows $3,000 on or before January 1, 1988 $3,000 on or before April 1, 1988 3,000 on or before June 1, 1988 $3,000 on or before September 1, 1988 B It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunderexceed 00)the for allmaximum of the services rendered Thousand and No/100 Dollars ($12,000 PAGE 2 V EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored The Agency agrees to ache available City'sdiscretionits financial records for review by the City a In addition, the Agency agrees to provide the City the following data and/or reports A All external or internal audits B All external or internal evaluation reports C Quarterly performance reports submitted in January, April, July and September, to include the following criteria 1 Number of children served each month Z Income level of families participating in program D Quarterly financial statements submitted in January, April, July, and September to include expenses and income VI SUSPENSION OR TERMINATION and The City mainsuspend or whole or part,lnate this for cause Agreement tshall pinclude to the Agency, 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 incor- rect or incomplete in any material respect, or D If for any reason the carrying out of this agreement is rendered impossible or infeasible In case of suspension, the City shall advise the Agency, in tspecify a reasonablendataeforent to the compliance resumption of funding and In case of termination, the Agency will remit to the City any unexpended City funds Acceptanceclaim thef city may u ds shalsel have not constitute a waiver of any c arising out of this Agreement PAGE 3 IN WITNESS WHEREOF, the parties do hereby affix their igna- tures and en er into this Funding Agreement as of the day of , 1987 CITY OF DENTON, TEXAS ATTEST 4jI*A T R ,^ ITY E RETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY Q DENTON CITY -COUNTY DAY NURSERY ATTEST SECRETARY PAGE 4