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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