1997-268 Om,INANCE 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
WHEREAS, the Clty has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supphes
or services as shown in the "Bxd Proposals" submitted therefore, and
WHEREAS, the City Council has provided m the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supphes or servmes approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION l That the numbered items In the following numbered b~ds for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items
BID ITEM
~ ~xlO YEIgDOR AMOUNT
2097 ALL FRED MOORE DAY NURSERY $ 37,000 00
SCHOOL, INC
SECTION II That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the b~ds for such items and
agrees to purchase the materials, equipment, supphes or services In accordance with the terms,
specifications, standards, quantities and for the specffied sums contained in the Bid Invitations, Bid
Proposals, and related documents
SECTION III That should the City and persons submitting approved and accepted ~tems and
of the submitted bids w~sh to enter ~nto a formal written agreement as a result of the acceptance,
approval, and awarding of the b~ds, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto, prowded that the written
contract is in accordance w~th the terms, conditions, specffications, standards, quantlues and
specified sums contained m the B~d Proposal and related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above numbered xtems of the
submitted bxds, the Cxty Council hereby anthonzes the expenditure of funds therefor xn the amount
and in accordance w~th the approved bxds or pursuant to a written contract made pursuant thereto as
authorized herexn
SECTION V That thxs ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED this ~Sff ~_~/~ day of (~2~ t~,1997
j~O~R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
SUPPLY ORD
DATE SEPTEMBER 9, 1997
TO Mayor and Members of the Clty Council
FROM Kathy DuBose, Assistant City Manager of Finance
SUBJECT BID #2097 - INFANT AND CI4II,D CARE PROGRAMS FOR LOW-INCOME
FAMILIES
RECOMMENDATION: We recommend this bid be awarded to the single respondent, Fred Moore
Day Nursery School, Inc, m the mount of $37,000 00
SUMMARY: Th~s bid is to provide licensed child care serwces on a sliding fee scale for children
of low-to-moderate income working parents, parents enrolled full time ~n school or a trmmng program,
unemployed individuals who are actively seeking employment, and parents working and enrolled m
school part time
The service accepts children of ages 6 weeks to 5 years from 7 00 A M to 6 00 P M, and includes
well balanced meals and a learning development curriculum
PROGRAMS; DEPARTMENTS OR GROUPS AEFECIED~. Fred Moore Day Nursery School,
Inc, CDBG Division, and Citizens of Denton utilizing the program
F~tC. AJL~I Ganeral Fund momes have been appropnated for thls program Account#100-
051-015M-8965
Respectfully submitted
Assistant City Manager of Finance
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
924 AGENDA
3
1997 - 1998 SERVICE 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 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, City has determined that the proposal for services
merits assistance and can provide needed services to citizens of
City and has provided funds in its budget for the purpose of paying
for contractual 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, for which the monies provided by City may be
used
A To provide low cost day care to low income families where
both parents work
B To provide two nutritional meals, breakfast and lunch, for
the children it serves
Organization shall perform those services described ~n the Work
Statement herein attached as Exhibit A
II OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organiza-
tion agrees to the following terms and conditions
A Thirty-seven Thousand Dollars ($37,000) may be paid to
Organization by City, and the only expenditures reimbursed from
these funds, shall be those in accordance with the project budget,
attached hereto as Exhibit B and incorporated herein by reference,
for those expenses listed in the scope of services as provided
herein. OrganizatIon shall not utilize these funds for any other
purpose
B It will establish, operate, and maintain an account system
for this program that will allow for a tracing of funds and a
review of the financial status of the program
C It will permit authorized officials of City to review 1ts
books at any time
D 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 rev~slons whenever
adopted
E It will not enter Into any contracts that would encumber
C~ty funds for a period that would extend beyond the term of th~s
Agreement
F It w~ll promptly pay all bills when submitted unless there
~s a discrepancy in a bill, any errors or discrepancies in bills
shall be promptly reported to City's Executive Director of Finance,
or her authorized representative, for further direction
G It will appoint a representative who will be available to
meet with City's Executive Director of Finance and other City
offIcials when requested
M It will indemnify and hold harmless Czty from any and all
claims and suits arising out of the activities of Organization, its
employees, and/or contractors
I It will submit to City cop~es of year-end audited f~nanclal
statements
III TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed
by Organization w~thln the following time frame
October 1, 1997 through September 30, 1998, unless the contract
is sooner terminated under Section VII ,,Suspension or Termination"
IV PAYMENTS
A. PAYMENTS TO ORGANIZATION City shall pay to Organ~zatlon a
maximum amount of money not to exceed Thirty-seven Thousand Dollars
($37,000) for services rendered under this Agreement City will
pay these funds on a reimbursement basis to Organization within
twenty days after Czty has received supporting documentation
Organization's failure to request reimbursement on a timely basis,
may jeopardize present or future funding
PAGE 2
B EXCESS PAYMENT Organzzatzon shall refund to Czty wzthzn ten
(10) workzn9 days of Czty's request, any sum of money which has
been paad by Caty and whach City at any tame thereafter determznes
1) has resulted an overpayment to Organzzatzon, or
2) has not been spent strictly an accordance wath the terms
of thas Agreement, or
3) as not supported by adequate documentatzon to fully
]ustafy the expendzture
C Organazatzon's rezmbursement request for any one month
peraod wzll not exceed one-fzfth (1/5) of any budgeted lzne ztems
for costs as speczfzed in Exhabat B
D DEOBLIGATION OF FUNDS In the event that actual expendztures
devaate from Organazataon's provasaon of a correspondzng level of
performance, as specafled an Exhzbzt A, Caty hereby reserves the
right to reappropraate or recapture any such under expended funds
E CONTRACT CLOSE OUT Organazat~on shall submit the contract
close out package to Czty, together wath a fanal expendlture
report, for the tame peraod covered by the last invoice requestzng
reambursement of funds under thzs Agreement, wzthan fafteen (15)
workzng days followzng the close of the contract peraod Organzza-
taon shall utilize the form agreed upon by Caty and Organzzatlon
V EVALUATION
Organzzatzon agrees to partzczpate zn an amplementatzon and
mazntenance system whereby the services can be contznuously monz-
toted Organazatzon agrees to make avazlable zts fznanczal records
for revaew by Czty at Czty's dzscretzon In addztaon, Organlzatzon
agrees to provzde Czty the followzng data and reports, or copzes
thereof
A. All external or anternal audits Organization shall submzt
a copy of the annual andependent audzt to Czty wlthzn ten (10) days
of receapt.
B All external or anternal evaluatzon reports
C Quarterly performance/benefzclary reports to be submatted zn
January, Aprzl, July and September, to include the followang data
D Organzzataon agrees to submzt quarterly fznanczal statements
in January, Aprzl, July, and September Each statement shall
include current and year-to-date perzod accountzng of all revenues,
PAGE 3
expenditures, outstanding obligations and beginning and ending
balances
E An explanation of any ma]or changes in program services
F To comply with this section, Organization agrees to maintain
records that w~ll provide accurate, current, separate, and complete
disclosure of the status of funds received and the services
performed under this Agreement Organization's record system shall
contain sufficient documentation to provide ~n detail full support
and ]ust~flcatlon for each expenditure Organization 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 time
and under the conditions specified by the City
G Nothing in the above subsections shall be construed to
relieve Organization of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Agreement
VI DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver
to City copies of all notices of meetings of its Board of Direc-
tors, setting forth the time and place thereof Such notice shall
be delivered to C~ty in a timely manner to give adequate notice,
and shall include an agenda and a brief description of the matters
to be discussed Organization understands and agrees that City's
representatives shall be afforded access to all meetings of its
Board of Directors
Minutes of all meetings of Organization's governing body shall
be available to City within ten (10) working days of approval
VII SUSPENSION OR TERMINATION
A The City may terminate this Agreement with cause if the
Organization v~olates any covenants, agreements, or guarantees of
this Agreement, the Organization 's insolvency or filing of
bankruptcy, dissolution, or receivership, or the Organization's
violation of any law or regulation to which it is bound under the
terms of this Agreement
B. The City may terminate this Agreement for convenience at any
time If this Agreement is terminated for convenience by the City,
Organization will be pa~d an amount not to exceed the total amount
of accrued expenditures as of the effective date of termination
In no event will th~s compensation exceed an amount which bears
the same ratio to the total compensation as the services actually
PAGE 4
performed bears to the total services of Organization covered by
the Agreement, less payments previously made
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 C~ty funds Acceptance of these funds shall not
constitute a waiver of any claim City may otherwise have arising
out of this Agreement
VIII EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Organization w~ll submit for City approval, a written plan
for compliance with the Equal Employment and Aff~rmatlve Action
Federal provisions, within one hundred twenty (120) days of the
effective date of this Agreement
B Organization shall comply with all applicable equal employ-
ment opportunity and affirmative action laws or regulations
C Organization will furnish all information and reports
requested by City, and will permit access to its books, records,
and accounts for purposes of investigation to ascertain compliance
with 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 with City
IX WARRANTIES
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 s~gnlflcant change without
written notice to City
B Any supporting financial 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 sazd report, and the results of the operation for the period
covered by the report, and that s~nce said data, there has been no
mater~al change, adverse or otherwise, in the financial condition
of Organization
C No litigation or legal proceedings are presently pending
or threatened against Organization
PAGE 5
D None of the provaslons herean contravenes or is in
conflzct w~th the authorzty under which Organization ~s doing
busaness or w~th the provisions of any existing indenture or
agreement of Organzzat~on
E Organization has the power to enter anto th~s Agreement
and accept payments hereunder, and has taken all necessary action
to authorize such acceptance under the terms and conditions of th~s
Agreement
F None of the assets of Organazatzon are subject to any
lzen or encumbrance of any character, except for current taxes not
delznquent, except as shown in the flnanczal statements furnished
by Organization to City
Each of these representations and warranties shall be
continuing and shall be deemed to have been repeated by the
submission of each request for payment
X CHANGES AND AMENDMENTS
A Any alterataons, addatlons, or deletions to the terms of
this Agreement shall be by written amendment executed by both
part~es, except when the terms of th~s Agreement expressly provide
that another method shall be used
B Organization may not make transfers between or among
approved l~ne-~tems within budget categories set forth ~n Exhibit
B wathout prior written approval of the Communaty Development
Administrator for the City Organization shall request, an
wrztang, the budget revision an a form prescribed by City, and such
request for revaslon shall not ancrease the total monetary
obllgatlon of City under this Agreement In addatlon, budget
revisions cannot s~gnzf~cantly change the nature, ~ntent, or scope
of the program funded under th~s Agreement
C Organization wlll submat revised budget and program
anformatlon, whenever the level of funding for Organization or the
program(s) described herein is altered accordang to the total
levels contalned an any portaon of Exhabat B
D It is understood and agreed by the parties hereto that
changes an the State, Federal or local laws or regulations pursuant
hereto may occur during the term of thas Agreement Any such
modaficat~ons are to be automatically ~ncorporated ~nto th~s
Agreement without written amendment hereto, and shall become a part
of the Agreement on the effective date specafled by the law or
regulatzon
PAGE 6
E City may, from time to time during the term of the
Agreement, request changes in Exhibit A which may include an
increase or decrease in the amount of Organization's compensation
Such 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 ~n
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. ~ICATION
A. It is expressly understood and agreed by both parties
hereto that City is contracting with Organization as an independent
contractor and that es such, Organization shall save and hold City,
its officers, agents and employees harmless from ell 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
perforatance or omission of any employee, agent or representative of
Organization.
B. Organization agrees to provide the defense for, and to
indem~ify and hold harmless City its agents, employees, or
contractors from any and all cl&ims, 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 Organlzat~on shall observe sound business practices with
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under th~s Agreement
PAGE 7
B The premises on and zn which the act~vltzes descrzbed ~n
Exhibit A are conducted, the employees conducting these actlvzt~es,
shall be covered by premise llabzllty insurance, commonly referred
to as .Owner/Tenant" coverage with City named as an additional
~nsured Upon request of Organization, C~ty may, at zts sole
discretion, approve alternate znsurance coverage arrangements
C Organization will comply w~th applicable workers'
compensation statutes and will obtain employers' llablllty coverage
where avazlable and other appropriate llabzl~ty coverage for
program partacipants, af applacable
D Organazataon wzll maintaan adequate and contznuous laab~llty
insurance on all vehicles owned, leased, or operated by
Organlzataon All employees of Organization who are required to
drave a vehacle ~n the normal scope and course of thear employment
must possess a valmd Texas Driver's l~cense and automobale
laabll~ty ~nsurance Evidence of the employee's current possession
of a valad lacense and ansurance must be maintained on a current
bas~s an Organization's files
E Actual losses are not covered by insurance as required by
th~s Section are not allowable costs under thzs Agreement, and
remazn the sole responszbll~ty of Organization
F The polacy or polmcaes of insurance shall contain a clause
whach requires that C~ty and Organazatlon be notlfzed in wr~tang of
any cancellation or change zn the polzcy at least thzrty (30) days
prior to such change or cancellation
XIII CQNFLICT OF INTEREST
A Organization covenants that neither ~t nor any member of its
governing body presently has any ~nterest, d~rect or zndlrect,
which would conflict in any manner or degree w~th the performance
of servaces required to be performed under th~s Agreement
Organization further covenants that in the performance of thas
Agreement, no person having such ~nterest shall be employed or
appointed as a member of zts governang body
B. Organ±zatlon further covenants that no member of ~ts
governing body or ars staff, subcontractors or employees shall
possess any ~nterest ~n or use hzs/her poslt~on for a purpose that
as or gmves the appearance of beang motivated by desare for przvate
gain for hamself/herself, or others, particularly those wzth which
he/she has famlly, buslness, or other ties
C No officer, member, or employee of C~ty and no member of
governing body who exercmses any functzon or responslbal~tles
the revmew or approval of the undertaking or carrying out of this
Agreement shall (1) partmclpate an any dec~szon relating to the
PAGE 8
Agreement which affects his personal interest or the interest in
any corporation, partnership, or association in which he has direct
or indirect interest, or (2) have any interest, direct or indirect,
in this Agreement or the proceeds thereof
XIV NEPOTISM
Organization shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is cur-
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 th~s Agreement shall be deemed to
have been delivered, whether actually received or not, when deposi-
ted in the United States mall, postage prepaid, registered or cer-
tified, 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 Fred Moore Day Nursery School Inc
215 E McKlnney 821 Crosstlmbers
Denton, TX 76201 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
xw
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 C~ty
B If any provision of this Agreement ~s 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
PAGE 9
breach of covenant or default which may then or subsequently be
committed by Organlzataon Neather shall such payment, act, or
omassaon ~n any manner ampaar or prejudice any raght, power,
pr~valege, or remedy available to Caty to enforce its r~ghts
hereunder, which raghts, powers, privileges, or remedaes are always
specifically preserved No representative or agent of Caty may
waive the effect of thas provasaon
D This Agreement, together wath referenced exhibats and
attachments, constatutes the entare agreement between the partaes
hereto, and any prior agreement, assertion, statement, understand-
· ng, or other commitment occurrang during the term of this
Agreement, or subsequent thereto, have any legal force or effect
whatso'ever, unless properly executed an wr~tang, and ~f appropri-
ate, recorded as an amendment of th~s Agreement
E In the event any dasagreement or daspute should arase
between the parties hereto pertaining to the anterpretat~on or
meaning of any part of thas Agreement or ~ts governing rules,
codes, laws, ordinances, or regulations, City as the party
ultam&tely responsible to HUD for matters of compliance, w~ll have
the f~nal authoraty to render or to secure an ~nterpretat~on
F Thas Agreement shall be ~nterpreted in accordance w~th the
laws of the State of Texas and venue of any l~t~gataon concerning
this Agreement shall be an a court of competent ]ur~sd~ctaon
sattang in Denton County, Texas
IN WITNESS WHEREOF, the part~es do hereby a~the~r s~gna-
turgs ~nd e~ter anto thas Agreement as of the -- day of
CITY OF DENTON, TEXAS
BY JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
PAGE 10
FRED MOORE DAY NURSERY SCHOOL,
INC
ATTEST
EXHIBIT "A"
WORK STATEMENT
FRED MOORE DAY NURSERY SCHOOL
The Fred Moore Day Nursery School is a non-profit child care center which provides child
care on a shdmg scale Children six weeks through five years of age are eligible for the
program Ninety percent of the children are from low income families The parents must be
working to be eligible to enroll their child
The purpose of the center is to provide a safe, healthy enwronment that will meet the
development needs of the chtld Activities are designed for each age group to meet the
individual and group needs The curriculum includes creative arts, motor skills, speech
development, music as well as personal hygiene and manners
The cent,r provides breakfast, lunch, and an afternoon snack for each child All meals meet
the USDA food requirements for cluldren m child care
EXHIBIT "B'
FRED MOORE DAY NURSERY SCHOOL, INC
GENERAL FUND BUDGET
City of Denton Fundmg $ 37,000 00
Monthly Request (Teacher salaries) $ 3,083 33