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1999-331 ORDINANCE NO ~Sj}q _ .~.~ / AN ORDrNANCE ACCEPTr O COmETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURC SE OF TmALS, 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, 1NC 1N THE AMOUNT OF $23,000) WHEREAS, the Ctty has sohmted, received and tabulated compettt~ve b~ds for the purchase of necessary matermls, eqmpmant, supphes or servmes ~n accordance wtth the procedures of STATE law and Ctty ordtnances, and WHEREAS, the C~ty Manager or a destgnated employee has remewed and recommended that the heretn described b~ds are the lowest responstble btds for the materials, eqmpment, supphes or servtces as shown tn the "Bxd Proposals" submttted therefore, and WHEREAS, the C~ty Council has prowded tn the Ctty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supphes or serwces approved and accepted here~n, NOW, THEREFORE, THE cOUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the following compeBt~ve b~ds for materials, eqmpment, supphes, or serwces, described m the "Bid Proposals" on file tn the office of Ctty's Purchasing Agent filed according to the btd number assigned hereto, are hereby accepted and approved as betng the lowest responstble b~ds for such ttems BID ITEM NUMBER NO CONTRACTOR AMOUNT 2384 ALL DENTON CITY COUNTY DAY SCHOOL, INC $23,000 _~ON II That the acceptance and approval of the above compettt~ve btds, the C~ty accepts the offer of the persons submitting the bxds for such ~tems and agrees to purchase the matermls, eqmpment, supphes or services tn accordance w~th the terms, specfficanons, standards, quannt~es and for the spemfied sums contamed m the Bxd Inwtat~ons, B~d Proposals, and related documents ~ That the C~ty and persons submitting approved and accepted ~tems and of the submttted bids wmh to enter tnto a formal written agreement as a result of the acceptance, approval, and awardmg of the btds, the Ctty Manager or hts demgnated representattve ts hereby authorized to execute the written contracts which shall be attached hereto, provided that the written contract ~s tn accordance wtth the terms, condtttons, spectficattons, standards, quantities and spemfied sums contatned tn the B~d Proposal and related documents harem approved and accepted SECTION IV That by the acceptance and approval of the above competmve b~ds, the CIty C°uncd hereby authorizes the expenditure of funds therefor m the amount and ~n accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein ~ That this ordinance shall become effective immediately upon its passage and approval ~ PASSED AND APPROVED this the c:~/ day of ~, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ' PROGRAM FOR LOW INCOME FAMILIES CONTRACT ORDINANCE 2384 CHILD CARE ' 1999-2000 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CITY COUNTY DAY SCHOOL, INC. BID #2384 Tlus Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Mtm~elpal 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 Orgamzatlon 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 momes provided by C~ty 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 Orgamzatlon shall perform those services described in the Work Statement hereto 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 pad 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 here~n by reference, for those ex- penses hsted in the scope of services as provided herein Organization shall not utilize these funds for any other purpose B It will estabhsh, 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 anthonzed officials of City to review its books at any time D It will reduce to writing all of its roles, regulations, and pohcles 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 m bills shall be promptly reported to City's Assistant City Manager for Fiscal & Municipal Services, or her anthonzed representative, for further dlrectaon G It will appomt a representative who will be avmlable to meet with City's Assistant City Manager for Fiscal & Municipal Services and other City officials when requested H It will mdemmfy and hold harmless City from any and all claims and stats arising out of the activities of Organization, its 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 Organization wlthm 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 wtuch have been made avtulable 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 codffied 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 wluch Orgamzatlon must follow Orgamzatlon further accrues and certffies that if the regulations and issuances promul- gated pursuant to the Act are amended or revised, it shall comply w~th them, or notify City, as provided m Section 24 of this Agreement Orgamzatxon agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget C~rculars Nos A-110 and A-122 B Organization shall comply w~th all applicable federal laws, laws of the State of Texas and orchnances of the City of Denton 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 th~s Agreement B The person or persons slgmng 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 ttus Agreement on behalf of Organization and to validly and legally bind Or- ganization to all terms, performances and provisions hereto set forth C C~ty shall have the right, at its option, to either temporarily suspend or permanently termmate thru Agreement if there is a dispute as to the legal authority of either Organization or the person s~gnmg the Agreement to enter into this Agreement Organlzatmn is liable to C~ty for any money ~t 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 this Section D Orgamzation agrees that the funds and resources provided Orgamzatlon 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 avmlable to, or provided through, Organization had th~s Agreement not been executed 6 COVENANTS A Dunng the period of time that payment may be made hereunder and so long as any payments remain unhqmdated, Orgamzatlon shall not, w~thout the prior written consent of the Commumty Development Admimstrator 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 ~t, or permit any pre- ex~stmg mortgages, hens, or other encumbrances to remmn on, or attached to, any assets of Orgamzat~on which are allocated to the performance of this Agreement and with re- spect to whmh C~ty has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise d~spose of accounts receivables, notes or claims for money due or to become due (3) Sell, convey, or lease all or substantial part of~ts assets (4) Make any advance or loan to, or ~ncur 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 w~th funds p~ud to Organization by City, unless C~ty authorizes such transfer B Should Organization use funds received under this Agreement to acqmre 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 Organ~zation transfer or otherwise dispose of smd 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 acqmslt~on of, or ~mprovement to, the property C Orgamzat~on agrees, upon written request by C~ty, to require ~ts employees to attend trmnlng 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 servmes rendered under this Agreement C~ty will pay these funds on a reimbursement bas~s to Organ~zation within 20 days after C~ty has received support- mg documentation Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding B EXCESS PAYMENT Orgamzat~on shall refund to City within ten working days of C~ty's request, any sum of money which has been prod by C~ty and whmh C~ty at any time thereafter determines PAGE 4 1) has resulted m overpayment to Orgamzatmn, or 2) has not been spent smctly an accordance with the terms ofthas Agreement, or 3) ~s not supported by adequate documentataon to fully justify the expendature C Orgamzataon's reambursement request for any one month period will not exceed one- fifth (1/5) of any budgeted lane atems for costs as specified m Exhabat B D DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expenchtures devmte from Organazataon's provasaon of a corresponding level of performance, as specffied an Exhabat A, C~ty hereby reserves the right to reappropnate or recapture any such under expended funds If Caty finds that Organlzataon as unwlthng and/or unable to comply wath any of the terms of thru Contract, Caty may reqmre a refund of any and all money expended pursuant to thas Con- tract by Orgamzataon, as well as any remmmng unexpended funds whmh shall be refunded to Caty wathm ten working days of a wntten notme to Organizatton to revert these financial assets The revermon of these financml assets shall be ~n adchtaon to any other remedy available to City eather at law or an eqmty for breach ofthas Contract E CONTRACT CLOSE OUT Organazation shall submat the contract close out package to City, together wath a final expendature report, for the time period covered by the last anvo~ce re- questing reambursement of funds under th~s Agreement, wathan 15 working days following the close of the contract period Organazataon shall utlhze the form agreed upon by Ctty and Orgam- zataon 8. MAINTENANCE OF RECORDS A Orgamzat~on agrees to mamtmn records that wall provade accurate, current, separate, and complete dasclosure of the status of the funds received under th~s Agreement, m comphance with the provas~ons of Exhabat B, attached hereto, and wath any other apphcable Federal and State regulataons estabhshmg standards for financaal management Organazataon's record system shall commn suffiment documentataon to provide m detml full support and justfficataon for each ex- penditure Nothing m thas Section shall be construed to reheve Orgamzataon of fiscal account- abd~ty and habflaty under any other promslon of thas Agreement or any apphcable law Organl- zataon shall include the substance of th~s provlsaon m all subcontracts B Orgamzat~on agrees to retmn all books, records, documents, reports, and wntten ac- countmg procedures pertmmng to the operataon of programs and expendatures of funds under th~s Agreement for five years C Nothing in the above subsections shall be construed to reheve Organazataon of respon- slblhty for retalmng accurate and current records whmh clearly reflect the level and benefit of servmes provaded under thas Agreement PAGE 5 D At any reasonable tame and as often as City may deem necessary, the Orgamzat~on shall make available to C~ty, HUD, or any of their authorized representatives, all of ars records and shall permit City, HUD, or any of their authorized representatives to audit, examine, make excerpts and cop~es of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, eondmons or employment and all other data requested by smd representattves 9. REPORTS AND INFORMATION At such times and m 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 tbas Agreement Orgamzataon shall submit quarterly beneficiary and financml reports to City no less than once each three months The beneficiary report shall detail chent information, including race, income, female head of household and other statistics reqmred by City The financial report shall include mformat~on and data relative to all programmatic and financml reporting as of the begin- ning date specified an Section 1 of ttus 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 m an lmplementatton and maintenance system whereby the services 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 cop~es thereof A All external or internal audits Orgamzatton shall submit a copy of the annual ~nde- pendent audit to City watlun 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 mclude such mformataon as requested by the C~ty's Commumty Development vision including but not hmated to number of persons or households assisted, race, gender, dis- abthty status and household meome PAGE 6 D Orgamzat~on agrees to submit quarterly financial statements in January, April, July, and September Each statement shall melude current and year-to-date period accounting of all revenues, expenchtures, outstanding obligations and beginning and ending balances E An explanation of any major changes m program services F To comply with th~s section, Organization agrees to maintain records that will prowde 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 suffictent documentation to prowde ~n detail full support and justification for each expenditure Orgamza- t~on agrees to ret~un all books, records, documents, reports, and written accounting procedures perta~mng to the services prowded and expenditure of funds under this Agreement for the period oft~me and under the conditions specified by the City G Nothing m the above subsections shall be construed to reheve Organization of respon- sablhty for reta~mng accurate and current records which clearly reflect the level and benefit of services prowded under this Agreement 11. DIRECTOR'S MEETINGS Durmg the term of this Agreement, Orgamzat~on shall dehver to C~ty cop~es of all not, ecs of meetings of its Board of Dtreetors, setting forth the t~me and place thereof Such not,ce shall be dehvered to City in a t~mely manner to give adequate not~ce, and shall mclude an agenda and a brief descnptlon of the matters to be discussed OrgamzatIon understands and agrees that City's representatives shall be afforded access to all meetings of its Board olD,rectors M~nutes of all meetmgs of Organization's governing body shall be available to City w~thm ten workmg days of approval 12 SUSPENSION OR TERMINATION A The C~ty may terminate ttus Agreement w~th cause ff the Organization v~olates any covenants, agreements, or guarantees of th~s Agreement, the Organization's insolvency or fihng of bankruptcy, d~ssolutlon, or receivership, or the Organization's wolat~on of any law or regula- tion to which ~t ~s bound under the terms of this Agreement B The C~ty may terminate th~s Agreement for convenience at any time If this Agreement is terminated for convemence by the C~ty, Organ~zatlon will be pa~d an amount not to exceed the total amount of accrued expenditures as of the effective date oftermmatlon 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 suspensaon, Caty shall advase Orgamzatlon, m writing, as to condltaons precedent to the resumptmn of funding and specify a reasonable date for compliance In case of tenmnaUon, Orgamzataon wall remit to Caty any unexpended Caty funds Ac- ceptance of these funds shall not constatute a waiver of any clmm Caty may othe~vase have aris- mg out of fins Agreement 13 PERSONNEL POLICIES Personnel pohcaes shall be established by Organization and shall be available for exami- natron Such personnel pohcles shall A Be no more hberal than Caty's personnel pohcaes, procedures, and practmes, mcludang pohmes wath respect to employment, salary and wage rates, working hours and hohdays, fnnge benefits, vaeataon and sack leave pnmleges, and travel, and B Be an writing and shall be approved by the governing body of Orgamzataon and by City 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Organazataon wall subnnt for City approval, a written plan for comphance with the Equal Employment and Affirmatave Action Federal provisions, watfun one hundred twenty (120) days of the effectave date of thas Agreement B Organization shall comply wath all applicable equal employment opportunity and af- firmative actaon laws or regulataons C Organazataon will fumash all reformation and reports requested by City, and wall per- mat access to ats books, records, and accounts for purposes of anvestlgation to ascertain oomph- ante wath local, State and Federal roles and regulatmns D In the event of Organlzataon's non-comphance w~th the non-dascnmmataon reqmre- merits, the Agreement may be canceled, terminated, or suspended in whole or in part, and Or- ganazataon may be barred from further contracts wath Caty 15. WARRANTIES Organazataon represents and warrants that PAGE 8 A All ~nformatlon, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the xnformatlon, data, or report, and, since that date, have not undergone any slgmficant change w~thout written notice to City B Any supporting financial statements heretofore requested by C~ty and furmshed to City, are complete, accurate and fairly reflect the financial condmons of Organization on the date shown on smd report, and the results of the operation for the penod covered by the report, and that s~nce smd data, there has been no material change, adverse or otherwise, in the financial condition of Orgamzatlon C No ht~gaUon or legal proceedings are presently pending or threatened against Or- gamzatlon D None of the provisions herein contravenes or ~s m conflict with the authonty un- der which Organlzat~on is doing business or with the provisions of any existing ~ndenmre or agreement of Orgamzat~on E Orgamzatlon has the power to enter ~nto this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions ofth~s Agreement F None of the assets of Orgamzat~on are subject to any hen or encumbrance of any character, except for current taxes not delinquent, except as shown in the financml statements furnished by Orgamzat~on to City Each of these representaUons and warrant~es 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, addmons, or deletions to the terms of this Agreement shall be by written amendment executed by both part~es, except when the terms of this Agreement expressly provide that another method shall be used B Orgamzat~on may not make transfers between or among approved line-items wlflun budget categories set forth in Exhlbat B without prior written approval of the Community Development Adm~mstrator for the C~ty Organization shall request, in wntmg, the budget revi- sion ~n a form prescribed by C~ty, and such request for revision shall not increase the total monetary obhgat~on of C~ty under flus Agreement In addition, budget revisions cannot s~gmfi- cantly change the nature, intent, or scope of the program funded under th~s Agreement PAGE 9 C Organazataon will submat revised budget and program anformataon, whenever the level of funchng for Organization or the program(s) described here~n ~s altered accordang to the total levels contained m any portaon of Exlub~t B D It ~s understood and agreed by the partaes hereto that changes an the State, Federal or local laws or regulations pursuant hereto may occur dunng the term of thas Agreement Any such modaficataons are to be automatacally incorporated anto thas Agreement w~thout written amendment hereto, and shall become a part of the Agreement on the effectave date specafied by the law or regulataon E Caty may, from tame to t~me dunng the term of the Agreement, request changes in Exhibit A which may include an ancrease or decrease an the amount of Organlzat~on's compensa- tion Such changes shall be ancorporated in a written amendment hereto, as provaded m Subsec- taon A of thas Seetaon F Any alterations, deletaons, or addat~ons to the Contract Budget Detaal incorporated an Exh~bat B shall require the prior written approval of Caty G Orgamzataon agrees to notify C~ty of' any proposed change ~n physical locataon for work performed under thas Agreement at least 30 calendar days m advance of the change H Organ~zataon shall notify C~ty of any changes ~n personnel or govemang board composlt~on I It as expressly understood that neither the performance of Exhlbat A for any pro- gram contracted hereunder nor the transfer of funds between or among smd programs will be permatted 17 NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, stat or other action is made or brought by any per- son(s), farm corporataon or other entity against Organ~zataon, Organlzataon shall gave written race thereof to C~ty w~thm two working days a~er bemg not~fied of such clmm, demand, suat or other actaon Such notate shall state the date and hour of' notaficat~on of any such claam, demand, su~t or other actaon, the names and addresses of the person(s), firm, corporation or other entity making such claam, or that instituted or threatened to ~nst~tute any type of actaon or proeeedang, the basas of such elaam, action or proceeding, and the name of any person(s) against whom such claim as beang made or threatened Such written notaee shall be delavered e~ther personally or by marl PAGE 10 18. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that Cgy Is con- tractmg 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- tlons, demands, suits or damages of any character whatsoever resulting m whole or in part from the performance or omission of any employee, agent or representative of Orgamza- tlou. 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 w~th respect to prowdmg such bonding and insurance as would prowde adequate coverage for services offered under th~s Agreement B The premises on and ~n wlueh the activities described m Exhibit A are conducted, the employees conducting these actlwtles, shall be covered by premise hab~hty ~nsurance, com- monly referred to as "Owner/Tenant" coverage w~th C~ty named as an additional ~nsured Upon request of (~rgamzatmn, City may, at ~ts sole discretion, approve alternate insurance coverage arrangements C Organization will comply w~th apphcable workers' compensation statutes and will ob- tain employers' habfl~ty coverage where available and other appropriate habfl~ty coverage for program participants, ~f apphcable D Orgamzat~on will mmntain adequate and continuous habfllty insurance on all vehicles owned, leased, or operated by Organization All employees of Orgamzat~on who are reqmred to duvc a vehicle m the normal scope and course of their employment must possess a vahd Texas Driver's license and automobile habfllty insurance Ewdence of the employee's current posses- s~on of a vahd hcense and insurance must be maintmned on a current barns m Organ~zatmn's files E Actual losses are not covered by ~nsurance as required by this Section are not allowable costs under th~s Agreement, and remain the sole responsibility of Organization PAGE 11 F The policy or pollmes of insurance shall contain a clause which requires that City and Orgamzatlon be notified in writing of any cancellation or change m the policy at least 30 days prior to such change or cancellation CONFLICT OF INTEREST A Organization covenants that neither it nor any member of its governing body presently has any interest, direct or redirect, which would conflict in any manner or degree with the per- formance of services required to be performed under this Agreement Organization further covenants that m 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 m or use his/her position for a purpose that is or gives the appearance of bemg 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 responslbihtles in the review or approval of the undertakmg or carrying out of this Agreement shall (1) particxpate 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 chrect or redirect 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 xs currently employed by Organization, or is a member of Organization's govermng board The term "member of immediate family" includes wife, hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, mece, step-parent, step-child, half-brother and half-sister 22 NOTICE Any notice or other written instrument required or permitted to be dehvered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited m the United States mml, postage prepmd, 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 D~rector Attn City Manager Denton City County Day School 215 E McKmney 1603 Pa~sley Denton, TX 76201 Denton, Texas 76201 E~ther party may change its mmhng address by sendang notice of change of address to the other at the above address by certified mall, return receipt requested 23 MISCELLANEOUS A Orgamzatlon shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or part,es, bank, trust company or other financial mst~tutlon without the prior written approval of C~ty B If any provision of flus Agreement is held to be lnvahd, illegal, or unenforceable, the remauung provisions shall remain ~n full force and effect and continue to conform to the ongmal mtent of both part, es hereto C In no event shall any payment to Orgamzat~on hereunder, or any other act or fail- ure of Clty to insist m any one or more mstances upon the terms and condit~ons of flus Agree- ment constitute or be construed m any way to be a waiver by City of any breach of covenant or default wfuch may then or subsequently be committed by Organizataon Neither shall such pay- ment, act, or omission m any manner lmpaxr or prejudice any right, power, pnwlege, or remedy available to City to enforce ~ts rights hereunder, which rights, powers, pnwleges, or remedies are always specifically preserved No representative or agent of City may waive the effect of flus provision D Ttns Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the par~les hereto, and any prior agreement, assertion, statement, understanchng, or other commitment occurnng dunng the term of th~s Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed m writing, and ~f ap- propriate, recorded as an amendment of th~s Agreement E In the event any disagreement or d~spute should arise between the part,es hereto pertaining to the ~nterpretatlon or meamng of any part of th~s Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for mat- ters of comphance, will have the final authonty to render or to secure an ~nterpretat~on F This Agreement shall be interpreted ~n accordance w~th the laws of the State of Texas aad venue of any htlgat~on concerning this Agreement shall be in a cour~ of competent junsd~ction s~ttlng in Denton County, Texas IN WITNESS WHE.~OF, the l~artles do hereby affix their signatures and enter ~nto this Agreement as of the r~9/~ day of~, 1999 CITY OF DENTON, TEXAS JA~II~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~~t''~ DENTON CITY COUNTY DAY SCH~C ATTEST BOARD SECRETARY C~ty of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 1999-2000 City of Denton - Commumty Development Diwsion Qualifying Income Limits for Federally Assisted Programs FY 1999-2000 Maximum Income Levels Extremely Low In- Fam- Moderate In- Low Income Very Low Income come fly come 65% - 51% AMI 50% - 31% AMI 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 Deparlment of Housing and Urban Development Effective October 1 ~ 1999 EXHIBIT A WORK STATEMENT Denton City County Day School wall provide cluld care to low and moderate income families ~n the Denton area The orgamzation will serve children ranging m age from 18 month to 5 ½ years In order to quahfy for services, parents must be working, going to school full time, or doing both part t~me, or actively seeking employment The organization will be open Monday through Friday from 6 30 a m to 5 30 p m The children wall be served breakfast, lunch, and 2 snacks with all food meeting federal require- ments for a child care facility Curriculum will place emphasis on cogmtlve, affectlve, and psychomotor learning skalls, good health habits, and physical development Emphasis ~s placed on enhancing the self concept of each individual child, as this is very significant for his/her future success EXHIBIT B BUDGET C~ty of Denton funding $23,000 00 Monthly Request (teacher salaries) $1,916 67