1997-188 ORDINANCE NO
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND FRED MOORE DAY NURSERY SCHOOL INC, TO PROVIDE FUNDING TO FRED
MOORE DAY NURSERY SCHOOL INC, AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, C~ty's Human Services Committee ("HSC") has rewewed the serwces of Fred
Moore Day Nursery School Inc (hereinafter referred to as "Organization") and has determined
that Organization performs an important service for the remdents of Denton, and
WHEREAS, the City has entered into an agreement with the Texas Workforce Commlsmon
(hereinafter referred to as TWC) subsequent to T~tle VI of the Personal Respons~bthty and Work
Opportunity Reconciliation Act of 1996 to accept and expend funds for the purpose of provldmg
social and/or other services for the benefit of eligible md~mduals, and
WHEREAS, the City demres to provide funding reimbursed under the agreement wtth TWC to
the Organization to support child care eligible under T~tle VI Such type of services are currently
being provided by the Orgamzatlon with funding from the City pursuant to a separate agreement
with Organization The additional reimbursement prowded pursuant to the attached Child Care
Certified Expenditures Agreement ("AGREEMENT") will enable Orgamzatlon to provide better
quality services NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves the "AGREEMENT" attached
hereto, between the City of Denton and Orgamzat~on, to prowde funding to Organization, and
authorizes the Mayor to execute smd AGREEMENT
SECTION II That the City Counml authorizes the expenditure of funds m the manner as
specified in the AGREEMENT
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the I [4' day of ~__~~, 19
JAC~I(~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CHILD CARE CERTIFIED EXPENDITURES AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND FRED MOORE DAY NURSERY SCHOOL, INC.
This Agreement is hereby entered into by and between the City
of Denton, Texas, a Home Rule Municipal Corporation, hereinafter
referred to as "City", and the Fred Moore Day Nursery School, Inc ,
a non-profit corporation, 821 Crosstlmbers, 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 Organization per-
forms an important service for the residents of Denton without re-
gard to race, religion, color, age or national origin, and HSC
recommends the purchase of services, and
WHEREAS, the City has entered into an agreement with the Texas
Workforce Commission (hereinafter referred to as TWC) subsequent to
Title VI of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA) Title VI authorizes federal
funding for children of parents who are working, in school, or in
training and who meet federal income guidelines TWC is authorized
to enter into agreement with public or private agencies to accept
and expand funds for the purpose of providing social and/or other
services for the benefit of eligible individuals, and
WHEREAS, the C~ty desires to provide funding reimbursed under
this agreement to the Organization to support child care eligible
under Title VI. Such type of services are currently being provided
by the Organization with funding from the C~ty pursuant to a
separate agreement with Organization The additional reimbursement
provided pursuant to this Agreement will enable Organization to
provide better quality services,
NOW, THEREFORE, the parties hereto mutually agree as follows
I SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform
the following tasks
A To provide low cost day care to low income parents who are
receiving public assistance and/or meet income guidelines, and are
working or receiving education or training and parents who are
trans~tlonlng from public assistance and need child care in order
to work and/or receive education or training
B Organization shall perform those services described in the
Work Statement herein attached as Exhibit "A"
C Said services shall be of better quality than those
services currently provided pursuant to the 1996-1997 Agreement
between the City of Denton, Texas and Fred Moore Day Nursery
School, Inc The funds provided pursuant to this Agreement will
enhance teacher tramnlng, provmde a more diverse curriculum and
provide more parent educatmon concerning parenting sk~lls and
nutrition
D All services shall be provided in accordance w~th the
requirements of the Certification Agreement between TWC and the
City UCN #0353923 including, without limitation, the Local
Operating Plan, the provisions of which are incorporated here~n by
reference
II OBLIGATIONS OF ORGAI~IZATION
In consideration of the receipt of funds from C~ty, Organiza-
tion agrees to the followlng terms and conditions
A Funds provided to Organization by C~ty shall be spent for
staff traln~ng and supplies, ~ncludlng supplies needed to teach
cooking and parenting sk~lls classes
B To prepare and submit all appropriate certifying ~nforma-
t~on for support and provision of child care to eligible Title VI
clients as determined by TWC to the Community Development Off~ce,
100 W Oak Street, Suite 208, Denton, Texas 76201 Information
submitted w~ll detail expenditures for care and support and be in
a format acceptable for processing through the State Controller's
Off~ce
C To keep records adequate to show that the total amount of
match requested for servzces to elmglble Tztle VI clzents does not
exceed the amount provzded by the C~ty during the certmfzcatlon
perzod
D To utllzze all funding recemved under this agreement to
provmde low cost child care to low income fam~lmes zn accordance
with all applicable local, state and federal laws and regulatzons
E To provide quarterly and annual reports to the City
including such non-confidential mnformatmon as may be requested by
the City
F To provmde all information and reports which are necessary
for City to perform mts dutmes pursuant to the Chzld Care Expendi-
ture Contract, Contract Number 0353923 whzch ms attached hereto as
Exhzb~t "B" and incorporated herezn as if set forth at length
G It wmll permmt authorized offzcmals of Cmty to revzew mrs
books at any t~me
H It will reduce to writing all of mrs rules, regulations,
and polzc~es and file a copy w~th Czty's Communzty development
Office along with any amendments, addmtzons, or revmsmons whenever
adopted
Page2
I It will not enter xnto any contracts that would encumber
Cxty funds for a per~od that would extend beyond the term of thls
Agreement
J It will appoint a representatlve who will be available to
meet w~th C~ty's Executxve D~rector of F~nance and other C~ty
officials when requested
K It w~ll ~ndemn~fy and hold harmless Czty, ~ts offzcers,
agents, and employees from any and all clazms and suzts arzszng out
of the actzvztzes of Organzzatzon, its employees, and/or contrac-
tors, and save and hold Czty harmless from all lzabzlzty, zncludzng
costs, expenses and attorneys fees, for or on account of, any
clazms, audzt exceptzons, suzts, or damages of any character
whatsoever, resultzng zn whole or zn part from the performance or
omzss~on of any employee, agent or representatzve of Organzzatzon
L It wzll submit to C~ty copies of year-end audited
fznan¢ial statements
M It will establzsh, operate, and mazntaln an account system
for this program that wzll allow for a tracing of funds and a
review of the fznanczal status of the program
N ~t wzll permit authorized offlczals of the City to revxew
zts books at any tzme
III TIME OF PERFORMANCE
The servzces funded by Czty shall be undertaken by Organzza-
tlon wzthln the followzng tzme frame
September 1, 1996 through August 31, 1997
IV REIMBURSEMENT REOUEST AND PAYMENT OF MATCHING FUNDS
The City agrees
A Czty shall complete and submit, after recezpt of certify-
zn9 znformation from the Organzzatlon, a State of Texas Purchase
Voucher requesting rezmbursement of certzfled expendztures
Orga~zzatzon understands and agrees that City has entered into a
cert~fzcatzon agreement wzth TWC to fund thzs Agreement and that
funding of this Agreement zs contingent on the avazlabzlzty of
local, state, and federal funds If funds are unavazlable or
reduced, written notzce wzll be gzven by Czty to Organzzatzon of
termination, payment suspension, or fundzng reduction
B City shall pay the Organization all matchzng funds
received from TWC under Contract Number 0353923 wzthln 30 days of
receipt provzdzng such amounts do not exceed the reimbursement
Page 3
request
C Excess Payment Organxzatxon shall refund to Cxty w~th~n
ten (10) working days of C~ty's request, any sum of money whxch has
been paid by City and which City at any txme thereafter determines
1) has resulted ~n overpayment to Organization, or
2) has not been spent strictly xn accordance with the
terms of this Agreement, or
3) ~s not supported by adequate documentation to fully
justify the expenditure
D Deobllgatlon of Funds In the event that actual expendi-
tures deviate from Organization's prov~sxon of a corresponding
level of performance, as specified ~n Exhibit "A," City hereby
reserves the right to reapproprxate or recapture any such under
expended funds
E Contract Close Out Organxzat~on shall submit the
contract close out package to C~ty, together with a fznancxal
expenditure report, from the t~me per~od covered by the last
invoice requesting reimbursement of funds under thxs Agreement,
w~th~n f~fteen (15) working days following the close of the
contract per~od Organ~zatlon shall utilize the form agreed upon
by Cxty and Organization
v
Organization agrees to participate ~n an xmplementatzon and
maintenance system whereby the services can be continuously
monitored 0rganzzatxon agrees to make available ~ts flnanc~al
records for review by City at Cxty's dlscret~on In addxtlon,
0rganlzatlon agrees to provide C~ty the following data and reports,
or copies thereof
A. All external or ~nternal audxts Organization shall
submit a copy of the annual ~ndependent audit to Clty within ten
(10) days of receipt
B Ail external or xnternal evaluation reports
C Quarterly performance reports to be submitted ~n January,
April, July, and September, to include the following data
1) Number of chxldren served each month
2) Income level of families participating xn program
3) Race and/or ethnlc~ty of part~c~patxng children
Page 4
D Organlzatmon agrees to submit quarterly f~nanc~al state-
ments in January, April, July, and September Each statement shall
~nclude expenses and income, outstanding obligations and beginning
and ending balances
E An explanation of any ma3or changes ~n program servmces
F To comply w~th thms section, Organmzat~on agrees to
malnta~n records that wmll provide accurate, current, separate, and
complete dlsclosure of the status of funds received and the
services performed under thms Agreement Organlzatmon's record
system shall contain sufficient documentation to provide mn detail
full support and ]ust~fmcat~on for each expenditure Organmzat~on
agrees to retain all books, records, documents, reports, and
written accounting procedures pertaining to the services provided
and expenditure of funds under thms Agreement for the per~od of
t~me and under the conditions specified by the City
G Nothing mn the above subsections shall be construed to
relzeve Organzzatmon of responsmbzlmty for retaln~ng accurate and
current records whmch clearly reflect the level and benefit of
servzces provzded under thms Agreement
VI DIRECTORS' MEETINGS
Durmng the term of this Agreement, Organmzatlon shall delzver
to Cmty cop~es of all notzces of meetzngs of its Board of D~rec-
tors, settmng forth the tlme and place thereof Such notice shall
be delmvered to Czty mn a tmmely manner to gmve adequate notice,
and shall mnclude an agenda and a brzef descrzptlon of the matters
to be dmscussed Organmzatzon understands and agrees that City's
representatives shall be afforded access to all meetings of zts
Board of Directors
Minutes of all meetings of Organzzat~on's governmng body shall
be available to Cmty wmthmn ten (10) workzng days of approval
VII SUSPENSION OR TERMINATION
A The Czty may terminate thzs Agreement w~th cause if the
Organmzatzon vmolates any covenants, agreements, or guarantees of
th~s Agreement, the Organization's ~nsolvency or f~l~ng of
bankruptcy, dmssolutlon, or receivership, or the Organlzatmon's
v~olatmon of any law or regulation to whzch it ms bound under the
terms of thzs Agreement
B The City may termmnate thzs Agreement for convenience at
any tmme If thzs Agreement is terminated for convenmence by the
Cmty, Organmzatlon wmll be paid an amount not to exceed the total
amount of accrued expendztures as of the effective date of termz-
natmon In no event will this compensation exceed an amount whzch
bears the same ratio to the total compensatmon as the services
P~e5
actually performed bears to the total services of OrganizatIon
covered by the Agreement, less payments previously made
In case of suspension, C~ty shall advise Organization, in
writing, as to conditions precedent to the resumption of funding
and specify a reasonable date for compliance
In case of termination, Organ~zatlon will remit to City any
unexpended City funds Acceptance of these funds shall not
constitute a waiver of any claim City may otherwise have arising
out of this Agreement
VIII EOUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Organization w~ll submit for City approval, a written plan
for compliance with the Equal Employment and AffirmatIve Action
Federal provisions, within one hundred twenty (120) days of the
effective date of this Agreement
B Organization shall comply with all applicable equal
employment opportunlty and affirmative action laws or regulations
C OrganizatIon w~ll furnish all ~nformat~on and reports
requested by City, and w~ll permit access to 1ts books, records,
and accounts for purposes of Investigation to ascertain compliance
w~th local, State and Federal rules and regulations
D In the event of Organization's non-compliance with the
non-dlscr~mlnatlon requirements, the Agreement may be canceled,
terminated, or suspended in whole or in part, and Organ~zatlon may
be barred from further contracts with C~ty
IX ~
ORGANIZATION represents and warrants that
A Ail information, reports and data heretofore or hereafter
requested by City and furnished to City, are complete and accurate
as of the date shown on the informatIon, data, or report, and,
since that date, have not undergone any significant change w~thout
written not~ce to City
B Any supporting f~nanc~al statements heretofore requested
by Clty and furnished to City, are complete, accurate and fairly
reflect the financial condItions of OrganizatIon on the date shown
on sa~d report, and the results of the operation for the per~od
covered by the report, and that s~nce said data, there has been no
material change, adverse or otherwise, in the financIal cond~tlon
of Organlzat~on
C No lltlgat~on or legal proceedings are presently pending
or threatened against Organization
Pa~¢ 6
D None of the provlsaons herean contravenes or is
conflact w~th the authority under which Organization ~s
business or w~th the provisions of any ex,sting andenture or
agreement of Organazatlon
E Organazat~on has the power to enter Into this Agreement
and accept payments hereunder, and has taken all necessary actaon
to authoraze such acceptance under the terms and conditions of this
Agreement
F None of the assets of Organlzataon are sub3ect to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown an the financial statements furnished
by Organ~zataon to City
Each of these representataons and warrant~es shall be
contanuang and shall be deemed to have been repeated by the
submass~on of each request for payment
X C~ANGES AND AMENDMENTS
A Any alterataons, addat~ons, or deletions to the terms of
thas Agreement shall be by wrltten amendment executed by both
parties, except when the terms of thas Agreement expressly provide
that another method shall be used
B Organzzataon may not make transfers between or among
approved l~ne-ltems within budget categories set forth in Exhablt
"B" w~thout praor wratten approval of the Community Development
Administrator for the Caty Organlzataon shall request,
writing, the budget revaslon ~n a form prescribed by Caty, and such
request for rev~saon shall not ancrease the total monetary
obligation of City under this Agreement In addat~on, budget
revisions cannot significantly change the nature, ~ntent, or scope
of the program funded under thas Agreement
C Organization will submit revised budget and program
anfor~ataon, whenever the level of funding for Organization or the
program(s) described here~n is altered according to the total
levels contaaned ~n any port,on of Exhibit "B"
D It as understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
hereto may occur durzng the term of this Agreement Any such
modifications are to be automatically incorporated into this
Agreement wathout written amendment hereto, and shall become a part
of the Agreement on the effective date specified by the law or
regulation
E C~ty may, from t~me to tame durang the term of the Agree-
ment, request changes in Exhibit A which may anclude an increase or
decrease in the amount of Organazatlon's compensation Such
Page 7
changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section
F Any alterations, deletions, or additions to the Contract
Budget Detail incorporated in Exhibit B shall require the prior
written approval of City
G Organization agrees to notify City of any proposed change
in physical location for work performed under this Agreement at
least thirty (30) calendar days in advance of the change
H Organization shall notify City of any changes in personnel
or governing board composition
I It is expressly understood that neither the performance of
Exhibit A for any program contracted hereunder nor the transfer of
funds between or among said programs will be permitted
XI IDEM IFICATION
A. It is expressly understood and agreed by both parties
hereto that City is contracting 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 exceptions, demands, suits or damages of any
charaoter whatsoever resulting in whole or in part from the
performance or omission of any employee, agent or representative of
Organization.
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.
A Organization shall observe sound business practices with
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under this Agreement
B The premises on and in which the activities described in
Exhibit A are conducted, the employees conducting these activities,
shall be covered by premise liability insurance, commonly referred
to as ,,Owner/Tenant" coverage w~th City named as an additional
insured Upon request of Organization, City may, at its sole
discretion, approve alternate insurance coverage arrangements
C Organization will comply with applicable workers'
Page8
compensation statutes and will obtain employers' liability coverage
where lavallable and other appropriate liability coverage for
program participants, if applicable
D Organization will maintain adequate and continuous
liability insurance on all vehicles owned, leased, or operated by
Organization. All employees of Organization who are required to
drive a vehicle in the normal scope and course of their employment
must posses a valid Texas Dr~ver's license and automobile liability
~nsurance Evldence of the employee's current possession of a valid
license and insurance must be maintained on a current basis in
Organization's files
E Actual losses are not covered by insurance as required by
this Section are not allowable costs under th~s Agreement, and
remain the sole responsibility of Organization
F The policy or policies of insurance shall contain a clause
which requires that City and Organlzatlon be notified in writing of
any cancellation or change in the policy at least thirty (30) days
prior to such change or cancellation
XIII CONFLICT OF INTEREST
A Organization covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement
Organization further covenants that in the performance of th~s
Agreement, no person having such interest shall be employed or
appointed as a member of 1ts governing body
B Organization further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his/her position for a purpose that
· s or gives the appearance of being motivated by desire for private
gain for himself/herself, or others, particularly those with which
he/she has family, business, or other ties
C No officer, member, or employee of C~ty and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Agreement shall (1) participate in any decision relating to
the Agreement which affects his personal interest or the ~nterest
· n any corporation, partnership, or association ~n which he has
direct or lndlrect interest, or (2) have any interest, direct or
indirect, ~n this Agreement or the proceeds thereof
xzv
Organization shall not employ in any paid capacxty any person
who is a member of the immediate family of any person who is cur-
Page 9
rently employed by Organization, or is a member of Organization's
governing board The term "member of immediate family" includes
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister
XV NOTICE
Any notice or other written instrument required or permitted
to be delivered under the terms of this Agreement shall be deemed
to have been delivered, whether actually received or not, when
deposited in the United States mall, postage prepaid, registered or
certified, return receipt requested, addressed to Organization or
C~ty, as the case may be, at the following addresses
CITY ORGANIZATION
City of Denton, Texas Director
Attn City Manager Fred Moore Day Nursery School
215 E McKinney Inc
Denton, TX 76201 821 Crosstlmbers
Denton, Texas 76201
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mall, return receipt requested
XVI ~
A Organization shall not transfer, pledge or otherwise
assign this Agreement or any interest therein, or any claim arising
thereunder to any party or parties, bank, trust company or other
financial institution without the prior written approval of City
B If any provision of this Agreement is held to be ~nvalld,
illegal, or unenforceable, the remaining provisions shall remain in
full force and effect and continue to conform to the original
intent of both parties hereto
C In no event shall any payment to Organization hereunder,
or any other act or failure of City to lnslst in any one or more
instances upon the terms and conditions of th~s Agreement consti-
tute or be construed in any way to be a waiver by City of any
breach of covenant or default which may then or subsequently be
committed by Organization Neither shall such payment, act, or
omission in any manner zmpalr or pre3udlce any right, power,
privilege, or remedy avazlable to City to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always
specifically preserved No representative or agent of City may
walve the effect of this provision
D This Agreement, together w~th referenced exhibits and
attachments, constitutes the entire agreement between the part~es
Page 10
hereto, and any prior agreement, assertion, statement, understand-
~ng, or other commitment occurring during the term of th~s
Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropri-
ate, recorded as an amendment of th~s Agreement
E In the event any disagreement or dispute should arise
between the parties hereto pertaining to the ~nterpretat~on or
meaning of any part of this Agreement or ~ts governing rules,
codes, laws, ordinances, or regulations, City as the party
ultimately responsible to HUD for matters of compliance, w~ll have
the fmnal authority to render or to secure an ~nterpretat~on
F This Agreement shall be ~nterpreted ~n accordance with the
laws of the State of Texas and venue of any l~t~gat~on concerning
th~s Agreement shall be in a court of competent ]urlsdlct~on
sitting in Denton County, Texas
IN WITNESS WHEREOF, the parties do hereby a%f~ their slgna-
tu~es aqd enter ~nto this Agreement as of the day of
, 1997
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
Page 11
FRED MOORE DAY NURSERY SCHOOL
INC
DIRECTOR~ ~ "' ~
ATTEST
SECRETLY
E \DOCS\K\FRED MOR
Page 12
EXHIBIT
WORK STATEMENT
FRED MOORE DAY NURSERY SCHOOL INC
The Fred Moore Day Nursery School ~s a non-profit child care center
which provides child care on a sliding scale Children slx weeks
through f~ve years of age are eligible for the program Ninety
percent of the chlldren are from low ~ncome famll~es The parents
must be working to be eligible to enroll their child
The purpose of the center ~s to provide a safe, healthy environment
that w~ll meet the development needs of the child Activities are
designed for each age group to meet the ~nd~v~dual and group needs
The aurr~culum lncludes creative arts, motor sk~lls, speech
development, muslc as well as personal hygiene and manners
The center provldes breakfast, lunch, and an afternoon snack for
each child Ail meals meet the USDA food requirements for children
· n child care