1998-337 ¥
o oiNANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE
DATE (BID # 2225 - CHILD CARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED
TO DENTON CITY COUNTY DAY SCHOOL, INC IN THE AMOUNT OF $23,000 00)
WHEREAS, the Caty has sohc~ted, mceaved and tabulated competat~ve bads for the
constmctmn ofpubhc works or nnprovements m accordance w~th the procedures of STATE law and
Caty ordinances, and
WHEREAS, the City Manager or a desagnated employee has received and recommended that
the herean described b~ds are the lowest responsable b~ds for the construction of the pubhc works or
~mprovements described m the b~d mvltataon, bad proposals and plans and spemficataons there~n,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competatave bads for the construction ofpubhc works or
amprovements, as described an the "Bid Inwtat~ons", "Bid Proposals" or plans and spemficat~ons on
file an the Office of the Caty's Purchasmg Agent filed accordang to the bad number assagned hereto,
are hereby accepted and approved as being the lowest responsable b~ds
BID
NUMBER CONTRACTOR AMOUNT
2225 DENTON CITY COUNTY NURSERY $23,000.00
SECTION II That the acceptance and approval of the above competatave bads shall not
constitute a contract between the C~ty and the person submatt~ng the b~d for constructaon of such
pubhc works or ~mprovements hereto accepted and approved, until such person shall comply wath
all reqmrements specffied ~n the Notme to Badders ~nclud~ng the t~mely executaon of a written
contract and furmsh~ng of performance and payment bonds, and ~nsurance certfficate after
notfficat~on of the award of the bad
SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the constmctton of the pubhc works or ~mprovements ~n accordance
wath the b~ds accepted and approved hereto, promded that such contracts are made ~n accordance
wath the Notme to Badders and Bad Proposals, and documents relatang thereto specifying the terms,
condmons, plans and spemficat~ons, standards, quantat~es and specffied sums contmned therem
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the publm works and ~mpmvements as authorized here~n, the City Cotmcll
hereby authorizes the expenditure of funds ~n the manner and in the amount as specified ~n such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this orchnanee shall become effective ~mmedmtely upon Its passage and
approval
PASSED AND APPROVED thlsthe 6~~L~/~dayof ~-~/ ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2225 CHILD CARE CONTRACT ORDINANCE
I Ml~hae, :~ucek - DCC1~S(2225) doc P~e i~
1998 - 1999 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON CITY COUNTY DAY SCHOOL, INC
(BID #2225)
Th~s Agreement is hereby entered ~nto by and between the C~ty of Denton, Texas,
a Home Rule Mumc~pal Corporabon, hereinafter referred to as "C~ty", and the Denton
City County Day School Inc, a non-profit corporabon, 1603 Pa~sley, Denton, Texas
76201, hereinafter referred to as "Organization",
WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal
for services and has determined that Orgamzat~on performs an ~mportant service for the
residents of Denton w~thout regard to race, religion, color, age or nabonal ong~n, and
HSC recommends the purchase of services, and
WHEREAS, C~ty has determined that the proposal for services ments assistance
and can prowde needed services to c~bzens of C~ty and has provided funds ~n ~ts
budget for the purpose of paying for contractual services,
NOW, THEREFORE, the part~es hereto mutually agree as follows
I
SCOPE OF SERVICES
Orgamzatlon shall in a satisfactory and proper manner perform the following tasks,
for which the momes prowded by C~ty may be used
A Provide Iow cost day care to Iow ~ncome famdles where parent(s) work and/or
attend school or acbvely seek employment
B ~rov~de two nutnbonal meals, breakfast and lunch, for the chddren ~t serves
C Organization shall perform those services descnbed ~n the Work Statement
here~n attached as Exhibit A
II
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from C~ty, Orgamzabon agrees to the
following terms and conditions
A Twenty-three Thousand Dollars ($23,000) may be pa~d to Orgamzat~on by
City, and the only expenditures reimbursed from these funds, shall be those ~n
accordamce w~th the proJect budget, attached hereto as Exhibit B and ~ncorporated
herein by reference, for those expenses hsted ~n the scope of services as prowded
hereto Orgamzat~on shall not ubhze these funds for any other purpose
B It w~ll establish, operate, and maintain an account system for th~s program that
will allow for a tracing of funds and a review of the f~nanclal status of the program
C It will permit authonzed officials of C~ty to rewew ~ts books at any brae
D It w~ll reduce to wnt~ng all of ~ts rules, regulations, and pohc~es and file a copy
w~th City's Commumty Development Office along with any amendments, additions, or
rews~ons whenever adopted
E It w~ll not enter ~nto any contracts that would encumber C~ty funds for a penod
that would extend beyond the term of th~s Agreement
F It w~ll promptly pay all b~lls when submitted unless there is a discrepancy in a
b~ll, any errors or d~screpanc~es ~n bills shall be promptly reported to City's Executive
D~rector of F~nance, or her authonzed representative, for further d~rect~on
G It will appoint a representative who w~ll be available to meet w~th C~ty's
Executive D~rector of Finance and other C~ty officials when requested
H It w~ll ~ndemmfy and hold harmless C~ty from any and all claims and su~ts
anslng out of the activities of Orgamzat~on, ~ts employees, and/or contractors
It w~ll submit to C~ty cop~es of year-end audited f~nanc~al statements
III
TIME OF PERFORMANCE
The services funded by C~ty shall be undertaken and completed by Organization
within the following brae frame
October 1, 1998 through September 30, 1999, unless the contract is sooner
terminated under Secbon VII "Suspension or Termination"
IV
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A, CONTRACTOR understands that funds provided to ~t pursuant to th~s
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 Commumty Development Act of 1974, as amended, ~n accordance w~th an
approved Grant Apphcabon and specific assurances Accordingly, CONTRACTOR
assures and certifies that it will comply w~th the requirements of the Housing and
Community Development Act of 1974 (P L 93-383) as amended and w~th regulations
PAGE 2
promulgated thereunder, and codified at 24 CFR 570 The foregoing Is in no way meant
to consbtute a complete compilation of all dubes imposed upon CONTRACTOR by law
or admlnistrabve ruling, or to narrow the standards which CONTRACTOR must follow
CONTRACTOR further accrues and certifies that ~f the regulations and
~ssuances promulgated pursuant to the Act are amended or rewsed, ~t shall comply w~th
them, or nobfy CITY, as prowded ~n Secbon XXIV of th~s Agreement
CONTRACTOR agrees to ab~de by the cond~bons of and comply w~th the
requirements of the Office of Management and Budget C~rculars Nos A-110 and A-122
B CONTRACTOR shall comply w~th all apphcable federal laws, laws of the
State of Texas and ordinances of the C~ty of Denton
V
REPRESENTATIONS
A CONTRACTOR assures and guarantees that ~t possesses the legal authonty,
pursuant to any proper, appropriate and official motion, resolution or acbon passed or
taken, to enter ~nto th~s Agreement
B The person or persons s~gn~ng and executing th~s Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully
authorized by CONTRACTOR to execute th~s Agreement on behalf of CONTRACTOR
and to vahdly and legally b~nd CONTRACTOR to all terms, performances and
prows~ons here~n set forth
C CITY shall have the nght, at ~ts opbon, to e~ther temporarily suspend or
permanently terminate th~s Agreement ~f there ~s a dispute as to the legal authority of
either CONTRACTOR or the person slgmng the Agreement to enter into th~s
Agreement CONTRACTOR is liable to CITY for any money ~t has received from CITY
for performance of the prows~ons of th~s Agreement ~f CITY has suspended or
terminated th~s Agreement for the reasons enumerated ~n th~s Section
D, CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Agreement will ~n no way be substituted for
funds and resources from other sources, nor in any way serve to reduce the resources,
servmes, or other benefits which would have been available to, or prowded through,
CONTRACTOR had th~s Agreement not been executed
VI
COVENANTS
PAGE 3
A Dunng the period of time that payment may be made hereunder and so long
as any payments remmn unhquldated, CONTRACTOR shall not, w~thout the prior
written consent of the Community Development Admlmstrator or her authonzed
representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered,
any of the assets of CONTRACTOR now owned or hereafter acquired by it, or
permit any pre-ex~st~ng mortgages, hens, or other encumbrances to remmn on, or
attached to, any assets of CONTRACTOR which are allocated to the
performance of this Agreement and w~th respect to which 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 ~ncur any habdlty for any other firm,
person, enbty or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or ~tem of personal
property purchased with funds paid to CONTRACTOR by CITY, unless CITY
authorizes such transfer
B Should CONTRACTOR use funds recewed under this Agreement to acquire
or ~mprove real property under CONTRACTOR's control, CONTRACTOR agrees and
covenants
(1) That the property shall be used to meet one of the national objectives
stated ~n 24 CFR 570 untd August 31,2006
(2) That should CONTRACTOR transfer or otherwise dispose of smd
property on or before August 31, 2006, CONTRACTOR shall reimburse CITY in
the amount of the fair market value of th~s property less any port~on of the value
attributable to expenditures of non-CDBG funds for acqu~mtlon of, or
improvement to, the property
C, CONTRACTOR agrees, upon wntten request by CITY, to require ~ts
employees to attend trmmng sesmons sponsored by the Commumty Development
Off~ce
VII
PAYMENTS
A Payments to Orgamzat~on C~ty shall pay to Orgamzabon a maximum amount
PAGE 4
Page 5 1
of money not to exceed Twenty-three Thousand Dollars ($23,000) for services
rendered under this Agreement C~ty w~ll pay these funds on a reimbursement bas~s to
Orgamzatlon within twenty days after City has received supporting documentation
Orgamzat~on's failure to request reimbursement on a bmely bas~s, may jeopardize
present or future funding
B Excess Payment Orgamzatlon shall refund to City within ten (10) working
days of C~ty's request, any sum of money which has been paid by City and which City
at any t~me thereafter determines
1) has resulted ~n overpayment to Orgamzabon, or
2) has not been spent strictly ~n accordance w~th the terms of th~s Agreement,
or
3) ~s not supported by adequate documentation to fully justify the expenditure
C Orgamzatlon's reimbursement request for any one month period will not
exceed one-fifth (1/5) of any budgeted hne items for costs as specified ~n Exhibit B
D Deobhgabon of Funds In the event that actual expenditures dewate from
Organ~zabon's prows~on of a corresponding level of performance, as specified ~n Exhibit
A, C~ty hereby reserves the right to reappropnate or recapture any such under
expended funds
E Contract Close Out Organlzabon shall submit the contract close out package
to City, together with a final expenditure report, for the bme period covered by the last
invoice requesting reimbursement of funds under th~s Agreement, w~thln fifteen (15)
working days following the close of the contract period Organization shall utilize the
form agreed upon by City and Organization
VIII
MAINTENANCE OF RECORDS
A, CONTRACTOR agrees to maintain records that w~ll prowde accurate, current,
separate, and complete disclosure of the status of the funds received under this
Agreement, m comphance w~th the provisions of Exhibit B, attached hereto, and with
any ether apphcable Federal and State regulations estabhshmg standards for financial
management CONTRACTOR's record system shall contain sufficient documentabon to
provide ~n detail full support and ]usbficabon for each expenditure Nothing m this
Section shall be construed to relieve CONTRACTOR of fiscal accountab~hty and hab~hty
under any other prews~on of this Agreement or any apphcable law CONTRACTOR
shall ~nclude the substance of this prows~on m all subcontracts
PAGE 5
t~,chael Bucek - DCCDS~2225) doc ~'a~e~
B CONTRACTOR agrees to retain all books, records, documents, reports, and
written accounting procedures pertalmng to the operahon of programs and expenditures
of funds under th~s Agreement for the period of t~me and under the conditions specified
by CITY
C Nothing ~n the above subsections shall be construed to reheve
CONTRACTOR of responsibility for reta~mng accurate and current records which clearly
reflect the level and benefit of services provided under th~s Agreement
D At ,any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make available to CITY, HUD, or any of their authonzed
representatives, all of its 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, matenals, payrolls, records of personnel,
conditions or employment and all other data requested by sa~d representabves
IX
REPORTS AND INFORMATION
At such times and ~n such form as CITY may require, CONTRACTOR shall
furmsh such statements, records, data and ~nformat[on as CITY may request and deem
pertinent to matters covered by th~s Agreement
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY
no less than once each three months The beneficiary report shall detail client
~nformat~on, Including race, income, female head of household and other statisbcs
required ,by CITY The financial report shall include mformabon and data relative to all
programmabc and financial reporting as of the beginning date specified ~n Secbon I of
this Agreement
Unless a written exemption has been granted by the CITY, CONTRACTOR shall
submit an audit conducted by ~ndependent examiners with ten (10) days after receipt of
such
X
Evaluation
Orgamzatlon agrees to participate ~n an ~mplementat~on and maintenance system
whereby thE; services can be conbnuously momtored Orgamzatlon agrees to make
available Its, financial records for review by City at City's dlscrebon In addition,
Orgamzat~on agrees to provide C~ty the following data and reports, or cop~es thereof
A All external or internal audits Organ~zabon shall submit a copy of the annual
~ndependent audit to C~ty w~th~n ten (10) days of receipt
PAGE 6
B All external or ~nternal evaluation reports
C Quarterly performance/beneficiary reports to be submitted in January, April,
July and September, to include such informat~on as requested by the City's Commumty
Development D~ws~on ~nclud~ng but not hm~ted to number of persons or households
assisted,, race, gender, d~sab~hty status and household ~ncome
D Organization agrees to submit quarterly financial statements ~n January, Apnl,
July, and September Each statement shall ~nclude current and year-to-date period
accounbng of all revenues, expenditures, outstanding obhgat~ons and beg~nmng and
ending balances
E An explanation of any major changes in program services
F To comply with this section, Orgamzatlon agrees to maintain records that w~ll
prowde accurate, current, separate, and complete d~sclosure of the status of funds
recewed and the services performed under th~s Agreement Orgamzabon's record
system shall contain sufficient documentation to prowde ~n detail full support and
jusbflcat~on for each expenditure Orgamzat~on agrees to retain all books, records,
documents, reports, and written accounting procedures pertaining to the services
provided and expenditure of funds under this Agreement for the period of t~me and
under the cond~bons specified by the City
G Nothing ~n the above subsections shall be construed to reheve Orgamzabon of
responslbdlty for retalmng accurate and current records which clearly reflect the level
and benefit of services prowded under th~s Agreement
Xl
Director's Meetings
Dunng the term of this Agreement, Organization shall dehver to City cop~es of all
notices of meetings of ~ts Board of Directors, setting forth the brae and place thereof
Such nobce shall be delivered to City in a timely manner to give adequate notice, and
shall ~nclude an agenda and a brief descnpbon of the matters to be discussed
Orgamzabon understands and agrees that City's representatives shall be afforded
access to all meetings of ~ts Board of D~rectors
M~nutes of all meetings of Orgamzabon's governing body shall be available to C~ty
within ten (10) working days of approval
Xll
Suspension or Term,nat,on
PAGE 7
A The C~ty may terminate th~s Agreement w~th cause ~f the Orgamzat~on wolates
any covenants, agreements, or guarantees of th~s Agreement, the Orgamzat~on's
~nsolvency or flhng of bankruptcy, d~ssolut~on, or recewersh~p, or the Orgamzat~on's
wolat~on of any law or regulation to whmh ~t ~s bound under the terms of th~s Agreement
B The C~ty may terminate th~s Agreement for convemence at any t~me If th~s
Agreement Is terminated for convemence by the C~ty, Orgamzat~on wdl be pa~d an
amount not to exceed the total amount of accrued expenditures as of the effecbve date
of termination In no event w~ll th~s compensabon exceed an amount which bears the
same ratio to the total compensation as the services actually performed bears to the
total services of Orgamzatlon covered by the Agreement, less payments previously
made
In case of suspension, City shall advise Orgamzat~on, ~n wnt~ng, as to conditions
precedent to the resumption of funding and specify a reasonable date for comphance
In case of termination, Orgamzatlon wdl remit to C~ty any unexpended C~ty funds
Acceptance of these funds shall not constitute a wawer of any claim C~ty may otherwise
have ansmg out of th~s Agreement
Xlll
PERSONNEL POLICIES
Personnel pohc~es shall be estabhshed by CONTRACTOR and shall be avadable
for examination Such personnel pohc~es shall
A Be no more hberal than CITY's personnel pohc~es, procedures, and practices,
~nclud~ng pohc~es w~th respect to employment, salary and wage rates, working hours
and hohdays, fnnge benefits, vacation and s~ck leave pnwleges, and travel, and
B Be in writing and shall be approved by the governing body of CONTRACTOR
and by CITY
VIII
XlV
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Orgamzatlon wdl submit for C~ty approval, a wntten plan for comphance w~th
the Equal Employment and Affirmative Acbon Federal prows~ons, w~th~n one hundred
twenty (120) days of the effective date of th~s Agreement
B Orgamzabon shall comply with all apphcable equal employment opportumty
and affirmative action laws or regulations
PAGE 8
C Orgamzat~on w~ll furnish all ~nformatlon and reports requested by C~ty, and w~ll
permit access to ~ts books, records, and accounts for purposes of ~nvesbgat~on to
ascertain comphance with local, State and Federal rules and regulations
D In the event of Organization's non-comphance w~th the non-d~scnm~nat~on
requirements, the Agreement may be canceled, terminated, or suspended in whole or
~n part, and Orgamzatlon may be barred from further contracts w~th C~ty
XV.
Warranties
ORGANIZATION represents and warrants that
A All ~nformat~on, reports and data heretofore or hereafter requested by C~ty
and furmshed to C~ty, are complete and accurate as of the date shown on the
~nformatl0n, data, or report, and, s~nce that date, have not undergone any s~gmficant
change w~thout written nobce to C~ty
B Any supporting financial statements heretofore requested by C~ty and
furmshed to C~ty, are complete, accurate and fairly reflect the financial conditions of
Orgamzat~on on the date shown on sa~d report, and the results of the operation for the
penod covered by the report, and that s~nce sa~d data, there has been no matenal
change, adverse or otherwise, ~n the financial condition of Orgamzabon
C No hbgatlon or legal proceedings are presently pending or threatened
against Orgamzat~on
D None of the prows~ons here~n contravenes or ~s ~n conflict w~th the
authority under which Organization ~s doing bus~ness or w~th the prows~ons of any
ex~sbng ~ndentura or agreement of Orgamzat~on
E Organ~zabon has the power to enter ~nto th~s Agreement and accept
payments hereunder, and has taken all necessary acbon to authonze such acceptance
under the terms and conditions of th~s Agreement
F None of the assets of Orgamzabon are subject to any hen or
encumbrance of any character, except for current taxes not dehnquent, except as
shown ~n, the financial statements furmshed by Orgamzat~on to C~ty
Each of these representations and warrant~es shall be conbnu~ng and shall be
deemed to have been repeated by the submission of each request for payment
XVl
PAGE 9
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of th~s Agreement
shall be by wntten amendment executed by both part~es, except when the terms of th~s
Agreement expressly prev~de that another method shall be used
B Orgamzat~on may not make transfers between or among approved hne-
~tems w~th~n budget categones set forth ~n Exhibit B w~thout prior wntten approval of the
Commumty Development Administrator for the C~ty Orgamzat~on shall request, m
writing, the budget rews~on ~n a form prescnbed by C~ty, and such request for rews~on
shall not ~ncrease the total monetary obhgat~on of C~ty under th~s Agreement In
addition, budget rews~ons cannot s~gmflcantly change the nature, ~ntent, or scope of the
program funded under th~s Agreement
C Orgamzatlon wdl submit rewsed budget and program ~nformat~on,
whenever the level of funding for Organization or the program(s) described here~n ~s
altered according to the total levels contained ~n any port~on of Exhibit B
D It ~s understood and agreed by the part~es hereto that changes ~n the
State, Federal or local laws or regulations pursuant hereto may occur dunng the term of
th~s Agreement Any such modifications are to be automatically ~ncorporated ~nto th~s
Agreement w~thout wntten 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 brae dunng the term of the Agreement, request
changes ~n Exhibit A which may ~nclude an ~ncrease or decrease ~n the amount of
Orgamzat~on's compensation Such changes shall be ~ncorporated ~n a wntten
amendment hereto, as prowded ~n Subsection A of th~s Section
F Any alterations, deletions, or additions to the Contract Budget Detad
~ncorporated ~n Exhibit B shall require the pnor wntten approval of C~ty
G Organization agrees to not~fy C~ty of any proposed change ~n physical
location for work performed under th~s Agreement at least thirty (30) calendar days In
advance of the change
H Organization shall not~ City of any changes ~n personnel or governing
board composition
I It ~s expressly understood that neither the performance of Exhibit A for any
program contracted hereunder nor the transfer of funds between or among sa~d
programs wdl be permitted
XVl I
Not~flcatmn of Action Brought
PAGE 10
In the event that any claim, demand, su~t or other action ~s made or brought by
any person(s), firm corporabon or other entity against CONTRACTOR, CONTRACTOR
shall g~ve written nobce thereof to CITY w~thln two (2) working days after being nobfled
of such claim, demand, su~t or other action Such nobce shall state the date and hour of
nobflcat~on of any such claim, demand, su~t or other acbon, the names and addresses
of the person(s), firm, corporabon or other entity making such claim, or that inst~tuted or
threatened to insbtute any type of action or proceeding, the basis of such claim, acbon
or proceeding, and the name of any person(s) against whom such claim ~s being made
or threatened Such written not~ce shall be dehvered e~ther personally or by ma~l
XVlII
Indemmflcatlon
A it is expressly understood and agreed by both part~es hereto that
City is contracting with Organization as an ~ndependent contractor and that as
such, Organization shall save and hold City, ~ts officers, agents and employees
harmless from all liability of any nature or k~nd, including costs and expenses for,
or on account of, any claims, audit exceptions, demands, su~ts or damages of
any character whatsoever resulting ~n whole or ~n part from the performance or
omission of any employee, agent or representative of Orgamzat~on
B Organization agrees to prowde the defense for, and to indemnify and
hold harmless City its agents, employees, or contractors from any and ail claims,
suits, causes of action, demands, damages, losses, attorney fees, expenses, and
I~abll~ty arising out of the use of these contracted funds and program
admimstration and ~mplementat~on except to the extent caused by the willful act
or omission of City, its agents or employees
XIX
INSURANCE
A Orgamzat~on shall observe sound bus~ness practices w~th respect to prowd~ng
such bonding and ~nsurance as would prowde adequate coverage for services offered
under this Agreement
B The premises on and In which the acbwbes described ~n Exhibit A are
conducted, the employees conducting these activities, shall be covered by premise
hab~hty ~nsurance, commonly referred to as "Owner/Tenant" coverage w~th C~ty named
as an additional ~nsured Upon request of Organ~zabon, C~ty may, at ~ts sole d~scret~on,
approve alternate insurance coverage arrangements
C Orgamzatlon w~ll comply with apphcable workers' compensabon statutes and
will obtain employers' hablhty coverage where available and other appropriate I~ab~hty
coverage for program participants, ~f applicable
PAGE 11
Page 12
D 0rgamzabon wdl maintain adequate and continuous habd~ty ~nsurance on all
vehicles owned, leased, or operated by Orgamzat~on All employees of Orgamzabon
who are required to dnve a vehicle ~n the normal scope and course of their employment
must possess a vahd Texas Driver's hcense and automobde habd~ty ~nsurance
Ewdence of the employee's current possession of a vahd hcense and ~nsurance must
be maintained on a current bas~s ~n Orgamzat~on's files
E Actual losses are not covered by ~nsurance as required by this Section are not
allowable costs under this Agreement, and remain the sole respons~bd~ty of
Orgamzabon
F The policy or pohcles of ~nsurance shall contain a clause which requires that
City and Orgamzabon be not~fled in writing of any cancellabon or change in the policy at
least thirty (30) days prior to such change or cancellation
XX
CONFLICT OF INTEREST
A Organ~zabon covenants that neither ~t nor any member of its governing body
presently has any interest, direct or ind~rect, which would confhct m any manner or
degree w~th the performance of services required to be performed under this
Agreement Organization further covenants that ~n the performance of this Agreement,
no person having such ~nterest shall be employed or appointed as a member of its
govermng body
B Orgamzatlon further covenants that no member of ~ts governing body or ~ts
staff, subcontractors or employees shall possess any interest ~n or use his/her pos~bon
for a purpose that ~s or g~ves the appearance of being motivated by desire for private
gain for himself/herself, or others, particularly those w~th which he/she has famdy,
bus~ness, or other bes
C No officer, member, or employee of C~ty and no member of ~ts govermng body
who exercises any function or respons~b~ht~es ~n the rewew or approval of the
undertaking or carrying out of this Agreement shall (1) participate in any decmlon
relating,to the Agreement whmh affects his personal interest or the ~nterest m any
corporabon, partnership, or association ~n which he has d~rect or md~rect interest, or (2)
have any interest, d~rect or ind~rect, ~n th~s Agreement or the proceeds thereof
XXI
NEPOTISM
Orgamzatlon shall not employ ~n any pa~d capacity any person who ~s a member of
the ~mmedlate family of any person who ~s currently employed by Organization, or ~s a
member of Orgamzabon's governing board The term "member of ~mmed~ate family"
PAGE 12
I~M~chae~ .......... Bucek - DCCDS ~2225i doc Pa g e 1'31
~ncludes w~fe, husband, son, daughter, mother, father, brother, sister, in-laws, aunt,
uncle, nephew, mece, step-parent, step-child, half-brother and half-sister
XXll
NOTICE
Any nobce or other wntten instrument required or permitted to be dehvered under
the terms of th~s Agreement shall be deemed to have been dehvered, whether actually
recewed or not, when deposited ~n the Umted States ma~l, postage prepaid, registered
or certified, return receipt requested, addressed to Orgamzabon or C~ty, as the case
may be, at the following addresses
CITY ORGANIZATION
C~ty of Denton, Texas D~rector
Attn C~ty Manager Denton C~ty County Day School,
Inc
215 E McK~nney 1603 Pa~sley
Denton, TX 76201 Denton, Texas 76201
E~ther party may change ~ts ma~hng address by sending not~ce of change of
address to the other at the above address by certified ma~l, return receipt requested
XXlII
MISCELLANEOUS
A Orgamzat~on shall not transfer, pledge or otherwise assign this Agreement
or any ~nterest therein, or any claim ans~ng thereunder to any party or parties, bank,
trust company or other financial institution without the prior written approval of City
B If any provIs~on of this Agreement is held to be invalid, illegal, or
unenforceable, the remalmng previsions shall remain ~n full force and effect and
continue to conform to the ong~nal ~ntent of both part~es hereto
C In no event shall any payment to Orgamzat~on hereunder, or any other act
or failure of C~ty to ~ns~st ~n any one or more ~nstances upon the terms and conditions of
th~s Agreement constitute or be construed ~n any way to be a wawer by C~ty of any
breach of covenant or default which may then or subsequently be committed by
Orgamzat~on Neither shall such payment, act, or omission ~n any manner ~mpa~r or
prejudice any nght, power, pnwlege, or remedy available to C~ty to enforce ~ts nghts
hereunder, which nghts, powers, pnwleges, or remedies are always specff, cally
PAGE 13
preserved No representative or agent of City may waive the effect of th~s prews~on
D Th~s Agreement, together w~th referenced exhibits and attachments,
constitutes the entire agreement between the part~es hereto, and any prior agreement,
assertion, statement, understanding, or other commitment occurnng during the term of
th~s Agreement, or subsequent thereto, have any legal force or effect whatsoever,
unless properly executed ~n wnt~ng, and ~f appropriate, recorded as an amendment of
th~s Agreement
E In the event any d~sagreement or dispute should arise between the part~es
hereto pertaining to the interpretation or meaning of any part of th~s Agreement or ~ts
governing rules, codes, laws, ordinances, or regulations, C~ty as the party ultimately
responsible to HUD for matters of comphance, will have the final authonty to render or
to secure an interpretat~on
F This Agreement shall be interpreted in accordance with the laws of the State of
Texas and venue of any hbgat~on concerning th~s Agreement shall be ~n a court of
competent junsd~cbon s~tt~ng ~n Denton County, Texas
IN WITNESS WHEREOF, t~ parbes do h, er~by affix their s~gnatures and enter
~nto th~s Agreement as of the~;~O*-E day of ~ 1998
CITY OF DENTON, TEXAS
BY
JA~il'LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
DENTON CITY COUNTY DAY
SCHOOL, INC
DIRE(~TO~
ATTEST
City of Denton - Commumty Development Division
Qualifying Income Limits for Federally Assisted Programs
FY 1998-99
Maximum Income Levels
Family Moderate Income Low Income Very Low Income Extremely Low Income
S~ze 80% - 66% AMI 65% - 51% AMI 50% - 31% AMI 30% & Below AMI
1 $30,450- $24,751 $24,750 - $19,051$19,050 - $11,401 $11,400 or Below
2 $34,800 - $28,301 $28,300 - $21,751$21,750 - $13,051 $13,050 or Below
3 $39,150 - $31,851 $31,850 - $24,501$24,500 - $14,701 $14,700 or Below
4 $43,500 - $35,351 $35,350- $27,201 $27,200 - $16,301 $16,300 or Below
5 $47,000 - $38,201 $38,200 - $29,401$29,400 - $17,651 $17,650 or Below
6 $50,500 - $41,001 $41,000 - $31,551$31,550 - $18,951 $18,950 or Below
7 $53,950 - $43,901 $43,900 - $33,751$33,750 - $20,251 $20,250 or Below
8 $57,450 - $46,651 $46,650 - $35,901$35,900 - $21,551 $21,550 or Below
Soume U S Department of Housing and Urban Development
Effective October 1, 1998
I MIchael Bucek - DCCDS(~2225/ doc Page
EXHIBIT "A"
WORK STATEMENT
DENTON CITY-CO DAY SCHOOL
Denton C~ty County Day School ~s a non-profit chdd care faclhty for Iow ~ncome famd~es
DCCDS serves chddren ranging In age from 18 month to 5 % Parents must be working,
going to school full time, or doing both part t~me, or actively seeking employment to be
ehg~ble DCCDS ~s open Monday through Friday from 6 30 a m to 5 30 p m The staff
consists of 8 teachers, a cool, an assistant d~rector and d~rector The chddren are
served breakfast, lunch, and 2 snacks
The nursery not only provides a safe and healthy enwronment for chdd care, but a
learmng program for all age groups The curriculum places emphas~s on cognitive,
affectwe, and psychomotor learning skdls, good health habits, and physical
development The nursery staff receives 20 continuing education hours each year ~n
chdd development and early chddhood education
The most ~mportant element of our work is the emphas~s placed on enhancing the self
concept of each ~nd~wdual chdd, as th~s ~s very s]gmflcant for h~s/her future success
EXHIBIT "B"
BUDGET
DENTON CITY COUNTY DAY SCHOOL
C~ty of Denton funding $23,000 00
Monthly Request (teacher salaries) $1,916 66