1999-330AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT
AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2383
- INFANT AND CHILDCARE PROGRAMS FOR LOW-INCOME FAMILIES AWARDED TO FRED
MOORE DAY NURSERY SCHOOL, INC, 1N THE AMOUNT OF $37,000)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies or services tn 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 tn the "Bid Proposals" submitted therefore, and
WI-IEREAS, the City Councd has provided tn the City Budget for the appropriation of funds to be
used for the purchase of the materials, equipment, supphes 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 tn 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
NUMBER NO CONTRACTOR AMOUNT
2383 ALL FRED MOORE DAY NURSERY SCHOOL INC $37,000
SECTION II That the acceptance and approval of the above competitive bids, the C~ty accepts the
offer of the persons submitting the bids for such ~tems and agrees to purchase the matermls, equipment,
supplies or services m 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
awardmg of the bids, the City Manager or his designated representative ~s hereby authorized to execute the
written contracts which shall be attached hereto, provided that the written contract ts In accordance with the
terms, conditions, specifications, standards, quantities and speeffied sums contained tn the Bid Proposal and
related documents herein approved and accepted
~ That by the acceptance and approval of the above competitive b~ds, the City Council
hereby authorizes the expendtture of funds therefor m the amount and m accordance with the approved b~ds
or pursuant to a written contract made pursuant thereto as authorized hereto
SECTION V That th~s ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED this the ~/~day of ~.d~.~/1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~
238~&-CHILD CARE PROGRAM FOR LOW-INCOME FAM1LIES CONTRACT ORDINANCE
1999 - 2000 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
FRED MOORE DAY NURSERY SCHOOL, INC.
BID #2383
Th~s Agreement is hereby entered llltO by and between the City of Denton, Texas, a Home
Rule MUmclpal Corporation, hereinafter referred to as "City", and Fred Moore Day Nursery
School, Inc hereinafter referred to as "Orgamzataon",
WHEREAS, City's Human Services Committee CHSC") 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 sermces, and
WHEREAS, City has determined that the proposal for semces 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 parttas hereto mutually agree as follows
1.
SCOPE OF SERVICES
Organization shall m a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used
A To prowde low cost day care to low income famlhes where both parents work
B To promde two nutritional meals, breakfast and lunch, for the children it serves
Orgamzation shall perform those services described in the Work Statement herein attached
as Extublt A
2.
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Orgamzanon agrees to the following
terms and conditions
A, Thtrty Seven Thousand Dollars ($37,000 00) may be paid to Organization by C~ty, and
the only expendlturas reimbursed from these funds, shall be those m accordance w~th the project
budget, ~attached hereto as Exhibit B and incorporated herein by reference, for those expenses
PAGE 1
listed m the scope of services as provaded herein Organization shall not utilize these funds for
any other purpose
B It wall establash, operate, and maintain an account system for this program that wall
allow for a tracing of funds and a revaew of the financial status of the program
C It wall permat authorized officials of City 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
City's Commumty Development Office along with any amendments, additions, or revisions
whenever adopted
E It wall not enter into any contracts that would encumber City funds for a period that
would extend beyond the term ofthas Agreement
F It will promptly pay all balls when submitted unless there as a dascrepancy in a ball, any
errors or discrepancies an bills shall be promptly reported to City's Assistant City Manager for
Fiscal & MUmclpal Services, or her anthonzed representative, for further direction
G It wall appomt a representatave who wall be available to meet w~th C~ty's Assistant City
Manager for Fascal & Mumc~pal Services and other City officials when requested
H It wall mdemmfy and hold harmless City from any and all claims and suats ansang out
of the activities of Organization, 1ts employees, and/or contractors
I 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 Organlzat~on within the
following time frame
October 1, 1999 through September 30, 2000, unless the contract as sooner terminated
under Section 7 "Suspension or Termmataon"
4
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A Organazation 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, ~n accordance with an approved Grant Application and specific assurances
Accordingly, Orgamzataon assures and certafies that it wall comply with the reqmrements of the
PAGE 2
Housing and Commumty Development Act of 1974 (P L 93-383) as amended and with
regulations promulgated thereunder, and codified at 24 CFR 570 The foregomg as in no way
meant to constitute a complete compflaUon of all duties imposed upon OrgamzaUon by law or
admmistrat, ve rulmg, or to narrow the standards which Orgamzataon must follow
Organization further accrues and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify
City, as provided in Section 24 of tlus Agreement
Organization agrees to abide by the con~htlons of and comply with the reqmrements of
the Office of Management and Budget Circulars Nos A- 110 and A- 122
B OrgamzaUon shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of Denton
5
REPRESENTATIONS
A Orgamzataon assures and guarantees that at possesses the legal authority, pursuant to
any proper, appropriate and official moUon, resolution or action passed or taken, to enter mto this
Agreement
B The person or persons s~gnang and executmg this Agreement on behalf of
OrgamzaUon, do hereby warrant and guarantee that he, she, or they have been fully authorized
by OrgamzaUon to execute this Agreement on behalf of OrgamzaUon and to vahdly and legally
brad Orgamzatlon 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 ,s a dispute as to the legal authority of either Organization or
the person sagmng the Agreement to enter into this Agreement Orgamzation as liable to City for
any money at has received from City for performance of the prov.sions of this Agreement if City
has suspended or terminated this Agreement for the reasons enumerated in this Section
D Orgamzataon agrees that the funds and resources provided Orgamzat~on under the
terms of this Agreement wall m no way be substituted for funds and resources from other
sources, nor an any way serve to reduce the resources, services, or other benefits which would
have been available to, or provided through, Organization had th~s Agreement not been executed
6.
COVENANTS
A Dunng the period of tame that payment may be made hereunder and so long as any
payments remtun unhquidated, Organization shall not, without the prior written consent of the
Commumty Development Admamstrator or her authorized representative
PAGE 3
(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, hens, or other encumbrances to remain on, or attached to, any assets
of Organization which are allocated to the performance of this Agreement and with
respect to whtch 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 hablhty 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
purchased with funds prod 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 m
24 CFR 570 until August 31, 2006
(2) That should Organization transfer or otherwise dispose of smd property on or
before 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 expenditures of
non-CDBG funds for acqms~tlon 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 $37,000 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
supporting documentation Organization's failure to request reimbursement on a timely basis,
may jeopardize present or future funding
B EXCESS PAYMENT Organlzatlon shall refund to Clty wlthln ten workmg days of Clty's
request, any sum of money which has been prod by City and which City at any t~me thereafter
determines
PAGE 4
1) has resulted in overpayment to Organazatlon, or
2) has not been spent strictly in accordance with the terms oftlus 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 atems for costs as specified in Exhabat B
D DEOBLIGAT1ON OF FUNDSfR. EVERSION OF ASSETS In the event that actual expenditures
devaate from Organization's provision of a correspondang level of performance, as specified an
Exhlbat A, City hereby reserves the nght to reappropnate or recapture any such under expended
funds If Caty finds that Organization is unwilling and/or unable to comply with any of the terms
of this Contract, Cxty may require a refund of any and all money expended pursuant to this
Contract by Organization, as well as any remalmng unexpended funds which shall be refunded to
City wlthln ten working days of a written horace to Orgamzataon to revert these financial assets
The reversion of these financial assets shall be m addition to any other remedy available to City
eather at law or m equity for breach of tins Contract
E CONTRACT CLOSE OUT Organization shall submat the contract close out package to
Caty, together wath a final expenditure report, for the tame period covered by the last mvolce
requesting reimbursement of funds under this Agreement, wathan 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 Organizat~on agrees to maintain records that wall provade accurate, current, separate,
and complete dxselosure of the status of the funds received under this Agreement, m 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 sufficlant documentation to provide an detail full support and justification for each
expenditure Nothing m this Section shall be construed to relieve Organization of fiscal
accountablhty and hablhty under any other provision of thas Agreement or any applicable law
Organlzatlun shall melude the substance of this provision an all subcontracts
B Orgamzat~on agrees to retoan all books, records, doctunents, reports, and written
accounting procedures pertamang to the operation of programs and expenditures of funds under
flus Agreement for five years
PAGE 5
C Nothing m the above subsections shall be construed to relieve Orgamzatlon of
responsibility for retaining accurate and current records which 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 Organization
shall make avmlable 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, contht~ons 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 mformatlon as City may request and deem pertinent to matters
covered by this Agreement
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each three months The benefimary 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
beginning date speeffied m Section I 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 partlmpate in an implementation and maintenance system whereby
the servmes can be continuously momtored 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
mdepandent audit to City within ten days of receipt
B All external or internal evaluation reports
C C Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City's Commumty Development
Division meluchng but not limited to number of persons or households assisted, race, gender,
disablhty status and household income
PAGE 6
D Orgamzatlon agrees to submit quarterly financial statemems in January, Apnl, July,
and September Each statement shall include current and year-to-date penod accounting of all
revenues, expenchtures, outstanding obhgatlons 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
services performed under this Agreement Organization's record system shall contain sufficient
documentation to provide in detail full support and justlficatwn for each expenditure
Organization agrees to retain all books, records, documents, reports, and written accounting
procedures pertaamng to the services provided and expenchture of funds under this Agreement
for the period of time and under the conditions specified by the City
G Nothing m the above subsections shall be construed to relieve Organization of
responslblhty for retalmng accurate and current records winch clearly reflect the level and
benefit o£servlces provided under tins Agreement
11
DIRECTORS~ MEETINGS
Dunng the term of tins Agreement, Organization shall deliver to City copies of all notices
of meetings of 1ts 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 bnef descnptwn 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 avmlable to City wltinn
ten working days of approval
12.
SUSPENSION OR TERMINATION
A The City may terminate this Agreement with cause if the Organization violates any
covenants, agreements, or guarantees of tins Agreement, the Organization's insolvency or filing
of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or
regulation to winch 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 convemcnce by the City, Organization will be paid an amount not to exceed the
total amount of accruexl expenditures as of the effective date of termlnatwn In no event will tins
compensatmn exceed an amount which bears the same ratio to the total compensation as the
PAGE 7
services actually performed bears to the total services of Organization covered by the
Agreement, less payments previously made
In case of suspension, City shall advise Orgamzat~on, in writing, as to condmons precedent
to the resumption of funding and specify a reasonable date for comphanee
In case of termination, Orgamzation wall remit to City any unexpended City funds
Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have
arising out of this Agreement
13.
PERSONNEL POLICIES
Personnel poheies shall be established by Organization and shall be available for
exannnatIon Such personnel pohcaes shall
A Be no more liberal than City's personnel pohcaes, procedures, and practices, including
pohcles with respect to employment, salary and wage rates, working hours and holidays, fnnge
benefits, vacation and sick leave privileges, and travel, and
B Be in writing and shall be approved by the governing body of Organization and by
City
14.
EQUAL OPPORTIJNITY ANI) COMPLIANCE WITIt LAWS
A Organization will submit for City approval, a written plan for compliance with the
Equal Employment and Affirmative Action Federal prowsaons, wathan 120 days of the effective
date of this Agreement
B Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations
C Organization will furnish all information and reports requested by City, and will
permit access to ItS books, records, and accounts for purposes of investigation to ascertmn
comphance w~th local, State and Federal roles and regulations
D In the event of Organization's non-compliance with the non-discrimination
reqmrements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
OrganIzatxon may be barred from further contracts with City
PAGE 8
15
WARRANTIES
Orgamzatlon represents and warrants that
A All ~nformanon, reports and data heretofore or hereafter requested by City and
furmshed to C~ty, are complete and accurate as of the date shown on the ~nformat~on, data, or
report, and, since that date, have not undergone any slgmficant change without written notice to
C~ty
B Any supporting financial statements heretofore requested by C~ty and furnished to
City, are complete, accurate and fairly reflect the financml 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 smd data, there has been no material change, adverse or otherwise, in the financial
condition of Organization
C No htigat~on or legal proceedings are presently pending or threatened agmnst
Organization
D None of the prowslons herein contravenes or ~s ~n conflict with the authority
under which Orgamzatlon is dmng busmess or w~th the provisions of any existing indenture or
agreement of Organization
E Orgamzatlon has the power to enter ~nto thru Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
condmons of this Agreement
F None of the assets of Orgamzat~on are subject to any lien or encumbrance of any
character, except for current taxes not dehnquent, except as shown ~n the financml statements
fummhed by Organization to C~ty
Each of these representations and warranties shall be cont~nmng 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 deletmns to the terms of this Agreement shall be by
written axnendment executed by both parties, except when the terms of th~s Agreement expressly
provide that another method shall be used
B Orgamzatmn may not make transfers between or among approved hneqtems
w~thln budget categories set forth m Exhthlt B without prior written approval of the Community
Development Admlmstrator for the C~ty Organization shall request, in writing, the budget
PAGE 9
revision m a form prescribed by City, and such request for revision shall not ~ncrease the total
monetary obligation of City under this Agreement In addition, budget revisions cannot
slgmficantly change the nature, intent, or scope of the program funded under this Agreement
C Organization will submit revised budget and program ~nformat~on, whenever the
level of funchng for Orgamzatlon or the program(s) described herein ~s altered according to the
total levels contmned ~n any portion of Exlub~t B
D It is understood and agreed by the parties hereto that changes m the State, Federal
or local laws or regulations pursuant hereto may occur dunng the term of this Agreement Any
such modifications are to be automatically incorporated ~nto 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 t~me to time dunng the term of the Agreement, request changes in
Exhibit A which may include an increase or decrease ~n the amount of Organization's
compensation Such changes shall be incorporated ~n a written amendment hereto, as provided
in Subsection A of this Section
F Any alterations, deletions, or additions to the Contract Budget Detail incorporated
~n Exhibit B shall reqmre the prior written approval of City
G Orgamzat~on agrees to notify C~ty of any proposed change m physical location for
work performed under flus Agreement at least 30 calendar days in advance of the change
H Orgamzatlon shall notify City of any changes ~n personnel or governing board
composition
I It is expressly understood that neither the performance of Exlublt A for any
program contracted hereunder nor the transfer of funds between or among stud programs will be
permitted
17
NOTIFICATION OF ACTION BROUGHT
In the event that any clmm, demand, stat or other action ~s made or brought by any
person(s), firm corporation or other entity against Organization, Organization shall give written
notme thereof to City within two working days after being notified of such claim, demand, suit or
other actaon Such notice shall state the date and hour of notffication of any such clmm, demand,
suit or other action, the names and addresses of the person(s), finn, corporation or other entity
making such clmm, or that instituted or threatened to ~nst~tute any type of action or proceeding,
the basis of such clmm, action or proceeding, and the name of any person(s) agtunst whom such
clmm is being made or threatened Such written notice shall be delivered either personally or by
mtul
PAGE 10
18
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that City is
contracting with Orgamzation 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 exceptions, demands, stats or damages of any character whatsoever resulting
in whole or m part from the performance or omission of any employee, agent or
representative of Orgamzation
B. Orgamzation 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 hability 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 Orgamzat~on shall observe sound business practices w~th respect to providing such
bon&ng and ~nsurance as would prowde adequate coverage for services offered under this
Agreement
B The premises on and m wluch the activities described ~n Exhibit A are conducted, the
employees conducting these activities, shall bc covered by premise liability insurance,
commonly referred to as "Owner/Tanant" coverage with City named as an additional insured
Upon request of Organization, C~ty may, at Its sole discretion, approve alternate insurance
coverage arrangements
C Orgamzatlon will comply wxth applicable workers' compensation statutes and will
obtain employers' liability coverage where available and other appropriate habfllty coverage for
program participants, if apphcable
D Organization will mmntaln 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 habfllty insurance Ewdence of the employee's current
possession of a valid hcense and insurance must be maintained on a current basis in
Orgamzatlon's files
E Actual losses are not covered by insurance as reqmred by th~s Section are not allowable
costs under this Agreement, and remain the sole respons~bthty of Organization
PAGE 11
F The pohey or pohc~es of insurance shall contain a clause which reqmres that C~ty and
Organization be notified m writing of any cancellation or change ~n the pohcy at least tharty (30)
days prior to such change or cancellation
20.
CONFLICT OF INTEREST
A Organazat~on covenants that neither it nor any member of ~ts govermng body presently
has any Interest, direct or indirect, which would confl~ct m any manner or degree w~th the
performance of services reqmred to be performed under this Agreement Organization further
covenants that in the performance of ti'ns Agreement, no person hawng such interest shall be
employed or appointed as a member of ~ts governang body
B Organ~zataon further covenants that no member of ~ts governing body or its staff,
subcontractors or employees shall possess any interest ~n or use his/her poslt~on for a purpose
that is or g~ves the appearance of being motivated by desire for private gain for h~mself/herself,
or others, particularly those with which he/she has family, business, or other ties
C No officer, member, or employee of C~ty and no member of its governing body who
exercises any function or responsibfllt~es m the rewew or approval of the undertaking or carrying
out of this Agreement shall (1) participate m any declsaon relating to the Agreement which
affects h~s personal interest or the interest in any corporation, partnership, or association m which
he has direct or indirect ~nterest, or (2) have any interest, direct or ~nd~rect, ~n th~s Agreement or
the proceeds thereof
21
NEPOTISM
Orgamzatlon shall not employ ~n any paid capacity any person who ~s a member of the
~mmediate family of any person who xs currently employed by Organization, or ~s a member of
Organ;zatlon's governing board The term "member of xmmed~ate family" ~ncludcs wife,
husband, son, daughter, mother, father, brother, s~ster, m-laws, aunt, uncle, nephew, mece,
step-parent, step-clald, half-brother and half-s~stcr
22.
NOTICE
Any not~ce or other written instrument reqmrcd or permitted to be dehvered under the
terms of th~s Agreement shall be deemed to have been dchvered, whether actually received or
not, when deposited m the United States mall, postage prepaid, registered or certified, return
receipt requested, addressed to Organization or City, as the case may be, at the following
addresses
PAGE 12
CITY ORGANIZATION
City of Denton, Texas D~rector
Attn C~ty Manager Fred Moore Day Nursery School
215 E McKanney 821 Cross Timbers
Denton, TX 76201 Denton, Texas 76201
Either party may change ~ts mmhng address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested
23.
MISCELLANEOUS
A Orgamzatlon shall not transfer, pledge or otherwise assign this Agreement or any
interest thereto, or any claim ansmg thereunder to any party or part, es, bank, trust company or
other finanaial mst~tut~on without the prior written approval of C~ty
B If any provision of this Agreement ~s held to be ~nvalld, illegal, or unenforceable,
the remmmng pmvls~ons 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
failure of Cxty to insist ~n any one or more instances upon the terms and conditions of th~s
Agreement constitute or be construed ~n any way to be a waiver by C~ty of any breach of
covenant or default whmh may then or subsequently be committed by Organization Neither
shall such payment, act, or ounss~on in any manner impair or prejudice any right, power,
pnvdege, or remedy available to C~ty to enforce its rights hereunder, which rights, powers,
privileges, or remedies are always specifically preserved No representative or agent of C~ty may
waive the effect of thru provision
D Thts Agreement, together with referenced exhibits and attachments, constitutes
the entire agreement between the part, es hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurnng dunng the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and ~f
approprmte, recorded as an amendment of this Agreement
E In the event any disagreement or dispute should arise between the parties hereto
pertaining to the ~nterpretatlon or meamng of any part of this Agreement or ~ts govermng rules,
codes, laws, orchnances, or regulations, City as the party ultimately responsible to HUD for
matters of comphance, will have the final anthonty to render or to secure an interpretation
F Thru Agreement shall be interpreted ~n accordance w~th the laws of the State of Texas
and venue of any htlgatlon concerning th~s Agreement shall be ~n a court of competent
jurisdiction s~ttlng ~n Denton County, Texas
PAGE 13
1N WITNESS WHEREOF, the parties, do hereby affix their signatures and enter into this
Agreement as of the o~/~day of~999
CITY OF DENTON, TEXAS
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
~ / FRED MORE DAY NURSERY
~~ SCHOOL, INC
EXE~TI~E DIR~Cg~R
ATTEST
PAGE 14
City of Denton - Community Development D~viston
Qualifying Income Limits for Federally Assisted Programs
FY 1999-2000
Maximum Income Levels
Extremely Low
Moderate Low Income Very Low Income Income
Famd Income 65% - 51% AMI 50% - 31% AMI
y Size 80% - 66% AMI 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 $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
Fred Moore Day Nursery School w~ll provade chald care on a shdmg scale to low and moderate ~ncome
resadents of Denton
Chddren sax weeks through five years of age will be ehg~ble for the program Parents must be workang to be
ehg~ble to enroll their cluld and will be reqmred to volunteer at Fred Moore Day Nursery School
Fred Moore Day Nursery School wall promde a safe, healthy enwronment that wall meet the development
needs of the child Actavatles will be designed for each age group to meet the mdlvadual and group needs
The cumculum wall anclude creatave arts, motor skills, speech development, music as well as personal
hygiene and manners
The center w~ll promde breakfast, lunch, and an afternoon snack for each chdd All meals wall meet the
USDA food reqmrements for chddren m chald care
EXHIBIT "B"
BUDGET
C~ty of Denton Funding $37,000 00
Monthly Request (Teacher salaries) $ 3,083 33