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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