1997-189 ORDINANCE NO q "7"/~
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CITY-COUNTY DAY SCHOOL iNC, TO PROVIDE FUNDING TO
DENTON CITY-COUNTY DAY SCHOOL INC, AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS
THEREEORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, City's Human Services Committee ("HSC") has reviewed the services of Denton
City-County Day School Inc (hereinafter referred to as "Organization") and has determined that
Organization performs an important service for the residents of Denton, and
WHEREAS, the City has entered Into an agreement `ath the Texas Workforce Commission
(hereinat~ter referred to as TWC) subsequent to Title VI of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 to accept and expend funds for the purpose of providing
social md~or other services for the benefit of eligible individuals, and
WHEREAS, the City desires to provide funding reimbursed under the agreement with TWC to
the Organization to support child care eligible under Title VI Such type of services are currently
being provided by the Orgamzation with funding from the City pursuant to a separate agreement
with Organization The additional reimbursement provided pursuant to the attached Child Care
cemfied Expenditures Agreement ("AGREEMENT") ,all enable Organization 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 Organization, to provide funding to Organization, and
anthon~es the Mayor to execute smd AGREEMENT
SECTION II That the City Council authorizes the expenditure of funds in the manner as
specified in the AGREEMENT
SECTION III That flus ordinance shall become effeetave Immediately upon ItS passage
and apEroval
PASSED AND APPROVED this the I ~~{' dayof ~ ~ ,19~")
0
JAC~I~ LLER, 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 DENTON CITY-COUNTY DAY 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 Denton City-County Day School, Inc ,
a non-profit corporation, 1603 Paisley, Denton, Texas 76201,
hereinafter referred to as ..Organization "
W~EREAS, City's Human S~rvlces 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 City 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 City 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 f,ollowlng 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
transltlonlng 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
servlces currently provided pursuant to the 1996-1997 Agreement
between the City of Denton, Texas and Denton City-County Day School
Inc The funds provided pursuant to this Agreement will enhance
teacher training, provide a more diverse curriculum and provide
more parent education concerning parenting skills and nutrition
D All services shall be provided in accordance with 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 herein by
reference
II OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from C~ty, Organi-
zation agrees to the following terms and conditions
A Funds provided to 0rganlzatlon by City shall be spent for
staff training and supplies, lncludln9 supplies needed to teach
cookln9 and parenting skills classes
B To prepare and submit all appropriate certifying informa-
tion for support and provision of child care to eligible Title VI
clients as determined by TWC to the Community Development Office,
100 W Oak Street, Suite 208, Denton, Texas 76201 Information
submitted will detail expenditures for care and support and be in
a format acceptable for processing through the State Controller's
Office
C To keep records adequate to show that the total amount of
match requested for services to eligible Title VI clients does not
exceed the amount provided by the City during the certification
period
D To utilize all funding received under this agreement to
provide low cost child care to low income families in accordance
with all applicable local, state and federal laws and regulations
E To provide quarterly and annual reports to the City
including such non-confidential information as may be requested by
the City
F To provide all information and reports which are necessary
for City to perform its duties pursuant to the Child Care Expendi-
ture Contract, Contract Number 0353923 which is attached hereto as
Exhibit "B" and incorporated herein as if set forth at length
G It will permit authorized officials of City to review its
books at any time
H It will reduce to writing all of its rules, regulations,
and policies and file a copy with City's Community development
Office along with any amendments, additions, or revisions whenever
adopted
P~e 2
I It wall not enter anto any contracts that would encumber
Caty funds for a peraod that would extend beyond the term of this
Agreement
J It wall appoint a representative who will be available to
meet w~th C~ty's Executave Director of Fanance and other City
offacaals when requested
K It w~ll indemnify and hold harmless Caty, ars officers,
agents, and employees from any and all claams and suats arising out
of the actlvat~es of Organization, its employees, and/or contrac-
tors, and save and hold Caty harmless from all l~ab~l~ty, anclud~ng
costs, expenses and attorneys fees, for or on account of, any
claimS, audat exceptions, su~ts, or damages of any character
whatsoever, resulting ~n whole or an part from the performance or
omission of any employee, agent or representative of Organazat~on
L It w~ll submat to C~ty cop~es of year-end audited fanan-
caal statements
M It wall establish, operate, and ma~ntaan an account system
for thas program that w~ll allow for a tracing of funds and a
review of the f~nancaal status of the program
N It will permit authorized officials of the C~ty to review
· ts books at any t~me
III TIME OF PERFORMANCE
The servaces funded by City shall be undertaken by Organaza-
taon wathln the following t~me frame
October 1, 1996 through August 31, 1997
IV REIMBURSEMENT REOUEST AND PAYMENT OF MATCHING FUNDS
The City agrees
A C~ty shall complete and submat, after receipt of certafy-
ang ~nformat~on from the Organ~zataon, a State of Texas Purchase
voucher requestang reambursement of cert~faed expenditures
Organization understands and agrees that C~ty has entered ~nto a
cert~ficataon agreement with TWC to fund th~s Agreement, and that
fundang of thas Agreement as contangent on the ava~labal~ty of
local, state, and federal funds If funds are unavaalable or
reduced, written not~ce wall be gaven by C~ty to Organazatlon of
term~nataon, payment suspensaon, or funding reduction
B C~ty shall pay the Organazataon all matching funds
received from TWC under Contract Number 0353923 w~th~n 30 days of
receapt providing such amounts do not exceed the reimbursement
request
Page 3
C Excess Payment Organization shall refund to City w~th~n
ten (10) working days of City's request, any sum of money which has
been pald by C~ty and which C~ty at any t~me thereafter determines
1) has resulted in overpayment to Organization, or
2) has not been spent strictly in accordance w~th the
terms of th~s Agreement, or
3) ~s not supported by adequate documentation to fully
3ust~fy the expenditure
D Deobl~gat~on of Funds In the event that actual expen-
dltures devlate from Organization's provlslon of a corresponding
level of performance, as specified ~n Exhibit "A," City hereby
reserves the right to reappropr~ate or recapture any such under
expended funds
E Contract Close Out Organization shall submzt the
contract close out package to Czty, together wzth a final expen-
diture report, for the time period covered by the last ~nvolce
reque$tzng rezmbursement of funds under th~s Agreement, w~thzn
fzfteen (15) working days following the close of the contract
perlod Organization shall utlllze the form agreed upon by City
and Organization
v
Organzzat~on agrees to participate zn an zmplementat~on and
maintenance system whereby the services can be contznuously
monitored Organization agrees to make available its f~nanc~al
records for review by City at C~ty's d~scret~on In addition,
Organization agrees to provide Czty the following data and reports,
or copies thereof
A All external or internal audits Organzzat~on shall
submit a copy of the annual ~ndependent audzt to Czty w~thln ten
(10) days of receipt
B All external or znternal evaluation reports
C Quarterly performance reports to be submitted ~n January,
Aprll, July, and September, to include the followlng data
1) Number of children served each month
2) Income level of families participating in program
3) Race and/or ethn~clty of part~c~pat~n9 chzldren
D Organzzation agrees to submit quarterly f~nanc~al state-
ments zn January, Aprzl, July, and September Each statement shall
Page4
include expenses and income, outstanding obl~gatzons and beginning
and ending balances
E An explanation of any ma3or changes in program services
F To comply w~th th~s section, Organization agrees to
maintain records that wzll provzde accurate, current, separate, and
complete d~sclosure of the status of funds received and the
services performed under this Agreement Organization's record
system shall contain suff~czent documentation to provide zn detail
full Support and ]ustlfzcatlon for each expenditure Organlzatlon
agrees to retain all books, records, documents, reports, and
written accountlng procedures pertalnlng to the servzces provided
and expendlture of funds under thls Agreement for the per~od of
time and under the conditions spec~fzed by the City
G Nothln9 ~n the above subsectzons shall be construed to
relieve Organization of responszbll~ty for retaining accurate and
current records which clearly reflect the level and benefzt of
services provzded under this Agreement
VI DIRECTORS' MEETINGS
During the term of thls Agreement, Organzzatzon shall deliver
to C~ty cop~es of all notices of meetings of ~ts Board of Dzrec-
tors, settzng forth the time and place thereof Such notice shall
be delivered to City zn a tzmely manner to g~ve adequate notice,
and shall znclude an agenda and a brief descrzptlon of the matters
to be d~scussed Organzzatzon understands and agrees that C~ty's
representatives shall be afforded access to all meetings of its
Board of D~rectors
Mznutes of all meetzngs of Organlzatzon's governlng body shall
be available to Clty within ten (10) workzng days of approval
VII SUSPENSION OR TERMINATION
A. The Czty may terminate th~s Agreement with cause zf the
Organization violates any covenants, agreements, or guarantees of
thls Agreement, the Organization's insolvency or fllzng of bank-
ruptcy, dzssolutlon, or receivership, or the Organization's
violation of any law or regulation to whzch ~t zs bound under the
terms of th~s Agreement
B The Czty may terminate this Agreement for convenience at
any t~me If thzs Agreement zs terminated for convenience by the
City, Organization will be pa~d an amount not to exceed the total
amount of accrued expendztures as of the effective date of terml-
natzon In no event will thls compensation exceed an amount which
bears the same ratzo to the total compensatzon as the services
actually performed bears to the total servzces of Organzzat~on
covered by the Agreement, less payments previously made
Page5
In case of suspension, City 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, Organization 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 th~s Agreement
VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH L~WS
A Organization will submlt 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 opportunity and affirmative action laws or regulations
C Organlzatlon w~ll furnish all ~nformat~on and reports
requested by C~ty, and w~ll permit access to ~ts books, records,
and accounts for purposes of ~nvestlgatlon to ascertain compliance
w~th local, State and Federal rules and regulations
D In the event of Organization's non-compliance with the
non-discrimination requirements, the Agreement may be canceled,
terminated, or suspended in whole or in part, and Organization may
be barred from further contracts w~th City
IX WARRANTIES
ORGANIZATION represents and warrants that
A All lnformatlon, 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 wlthout
written not~ce to C~ty
B Any supporting f~nanc~al statements heretofore requested
by C~ty and furnished to City, are complete, accurate and fairly
reflect the financial conditions of Organization on the date shown
on said report, and the results of the operation for the per~od
covered by the report, and that since said data, there has been no
mater~al change, adverse or otherwise, ~n the financial condition
of Organization
C No litigation or legal proceedings are presently pending
or threatened against Organization
D None of the provmslons herein contravenes or ~s in con-
fl~ct w~th the authority under which Organization is doing bus~ness
Page 6
or with the provisions of any exlstzng indenture or agreement of
Organzzatlon
E Organ~zatlon has the power to enter ~nto this Agreement
and accept payments hereunder, and has taken all necessary action
to authorize such acceptance under the terms and condztlons of thzs
Agreement
F None of the assets of Organization are subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the f~nanczal statements furnished
by Organization to Czty
Each of these representations and warrantzes shall be
continuing and shall be deemed to have been repeated by the
submlsszon of each request for payment
X CHANGES AND AMENDMENTS
A Any alteratzons, additions, or deletions to the terms of
this Agreement shall be by written amendment executed by both
parties, except when the terms of this Agreement expressly provzde
that another method shall be used
B. Organlzatzon may not make transfers between or among
approved l~ne-~tems within budget categories set forth ~n Exhibit
"B" w~thout prior wrltten approval of the Community Development
Admzn~strator for the C~ty Organization shall request, ~n
wrltlng, the budget revlslon an a form prescribed by C~ty, and such
request for revzslon shall not ~ncrease the total monetary
oblzgat~on of C~ty under this Agreement In addition, budget
rev~szons cannot szgn~fzcantly change the nature, ~ntent, or scope
of the program funded under this Agreement
C Organ~zatlon w~ll submit revised budget and program
~nformat~on, whenever the level of fundzng for Organization or the
program(s) described herein ~s altered according to the total
levels contained zn any port,on of Exhlbzt "B"
D It ~s understood and agreed by the part~es hereto that
changes in the State, Federal or local laws or regulatlons pursuant
hereto may occur durzng the term of th~s Agreement Any such
modifications are to be automatically incorporated into this
Agreement wzthout wrztten amendment hereto, and shall become a part
of the Agreement on the effective date spec~fzed by the law or
regulation
E City may, from time to t~me during the term of the Agree-
ment, request changes in Exhlbzt "A" which may include an increase
or decrease zn the amount of Organization's compensation Such
changes shall be ~ncorporated ina written amendment hereto, as
provzded in Subsection A of th~s Section
P~e7
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 composmtion
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 INDE__~M__~_FICATIO~
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
character whatsoever resulting in whole or in part from the
performance or omission of any employee, agent or representative of
Organization.
B. Org&nization 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.
XII INSURANCE
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 activi-
ties, shall be covered by premise l~abllity insurance, commonly
referred to as ,,Owner/Tenant" coverage with City named as an
additional insured Upon request of Organization, City may, at its
sole dlscretlon, approve alternate insurance coverage arrangements
C Organization will comply with applicable workers' compen-
sation statutes and will obtain employers' liability coverage where
available and other appropriate liability coverage for program
participants, if applicable
Page 8
D Organlzatxon w~ll malntaxn adequate and contznuous
l~abzlzty ~nsurance on all vehicles owned, leased, or operated by
Organ~zatlon All employees of Organlzatlon who are requzred to
drzve a vehicle in the normal scope and course of thelr employment
must posses a valid Texas Drzver's l~cense and automobxle lzabzl~ty
insurance Evzdence of the employee's current possesszon of a
valid lzcense and insurance must be maznta~ned on a current basis
in Organization's f~les
E Actual losses are not covered by insurance as required by
th~s Section are not allowable costs under th~s Agreement, and
remain the sole respons~bzlzty of Organization
F The policy or pol~cles of lnsurance shall contain a clause
whzch requmres that Clty and Organ~zatzon be notlfzed zn wr~tlng of
any cancellation or change ~n the policy at least thirty (30) days
prior to such change or cancellatzon
XIII CONFLICT OF INTEREST
A. Organzzat~on covenants that nezther ~t nor any member of
zts governing body presently has any interest, direct or lndlrect,
which would conflict ~n any manner or degree w~th the performance
of servzces required to be performed under thzs Agreement
Organization further covenants that ~n the performance of th~s
Agreement, no person hav~ng such xnterest shall be employed or
appoznted as a member of its governzng body
B Organlzatzon further covenants that no member of its
governing body or zts staff, subcontractors or employees shall
possess any ~nterest ~n or use h~s/her pos~t~on for a purpose that
zs or gzves the appearance of being motzvated by desire for private
gain for hzmself/herself, or others, particularly those wzth which
he/she has family, busmness, or other ties
C No offzcer, member, or employee of City and no member of
· ts governing body who exercises any function or responsibilities
zn the review or approval of the undertakzng or carrying out of
this Agreement shall (1) partlclpate zn any decision relatlng to
the Agreement which affects bls personal znterest or the znterest
zn any corporation, partnership, or assoczat~on zn whlch he has
d~rect or ~ndlrect znterest, or (2) have any ~nterest, dzrect or
lndlrect, in th~s Agreement or the proceeds thereof
XIV NEPOTISM
Organization shall not employ ~n any pa~d capaczty any person
who ~s a member of the lmmedmate family of any person who ~s cur-
rently employed by Organzzatzon, or is a member of Organzzatzon's
governzng board The term "member of ~mmed~ate family" ~ncludes
wlfe, husband, son, daughter, mother, father, brother, szster,
zn-laws, aunt, uncle, nephew, n~ece, step-parent, step-chzld,
Page 9
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
City, as the case may be, at the following addresses
CITY ORGANIZATION
City of Denton, Texas Director
Attn City Manager Denton City-County Day School
215 E. McKlnney Inc
Denton, TX 76201 1603 Paisley
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 MISCELLANEOUS
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 invalid,
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 insist in any one or more
instances upon the terms and conditions of this 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 impair or prejudice any right, power,
privilege, or remedy available to City to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always
specifically preserved No representative or agent of City may
waive the effect of this provision
D This Agreement, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, understand-
lng, or other commitment occurring during the term of this
Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if approprl-
P~clO
ate, recorded as an amendment of thzs Agreement
E In the event any disagreement or dispute should ar~se
between the part~es hereto pertaln~ng to the interpretation or
meaning of any part of th~s Agreement or lts governing rules,
codes, laws, ordinances, or regulations, City as the party
ultimately responsible to HUD for matters of compliance, wall have
the f~nal authority to render or to secure an interpretation
F This Agreement shall be ~nterpreted ~n accordance w~th the
laws of the State of Texas and venue of any litigation concerning
th~s Agreement shall be ~n a court of competent jurisdiction
sitting in Denton County, Texas
IN WITNESS WHEREOF, the part~es do hereby af~.~x their slgna-
tu~s an~ enter into th~s Agreement as of the/~ day of
, 1997
CITY OF DENTON, TEXAS
BY JA~
ATTES~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
DENTON CITY-COUNTY DAY SCHOOL
INC
Page 11
ATTEST
E \DOCS\K\DCCDS K
Page 12
EXHIBIT "A"
WORK STATEMENT
DENTON CITY-COUNTY DAY SCHOOL INC
Denton City County Day School Inc is a non-profit child care
facility for low income families DCCDS serves 66 children dally
ranging in age from 18 months to 5 ~ years Parents must be
working, going to school full time, or doing both part time, or
actively seeking employment to be eligible DCCDS is open Monday
through Friday from 6 30 a m to 5 30 p m The staff consists of 8
teachers, a cook, an assistant director and director The children
are served breakfast, lunch, and 2 snacks
The school not only provides a safe and healthy environment for
child care, but a learning program for all age groups The
curriculum places emphasls on cognitive, affectlve, and psychomotor
learning skills, good health habits, and physical development The
school staff receives 20 cont~nulng education hours each year in
child development and early childhood education
The most ~mportant element of our work is the emphasis placed on
enhancing the self concept of each ~nd~vldual child, as this is
very significant for his/her future success