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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