1996-291E \WPDOCq\ORD\FREDMOOR ORD
ORDINAMC NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council has solicited, received and tabulated
competitive bids for services in accordance with the procedures of
State law and City ordinances, and
WHEREAS, the City Manager or a desmgnated employee has received
and recommended that the herein described bids are the lowest
responsible bids for the services described mn the bid mnvmtatlon,
bid proposals and plans and specifications therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bmds for the
services, as described in the "Bid Invitations," "Requests For
Proposals," "Bid Proposals" or plans and speclfmcatlons on file mn
the Office of the Cmty's Purchasing Agent filed according to the
bmd number assigned hereto, are hereby accepted and approved as
bemng the lowest responsmble bzds
BID
NUMBER CONTRACTOR AMOUNT
1980 FRED MOORE DAY NURSERY SCHOOL, $35,000 00
INC
SECTION II That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for the services herein accepted
and approved, untml such person shall comply with all requirements
specified in the bid Invitations or Requests for Proposals, and
mnsurance certificate after notmflcatlon of the award of the bid
SECTION III That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
services in accordance with the bids accepted and approved heremn,
provided that such contracts are made in accordance wmth the Notmce
to bidders and bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and speclfmcatmons,
standards, quantities and specmfled sums contained therein
SECTION IV That upon acceptance and approval of the above
competitive bids and the executmon of contracts for the services as
authorized heremn, the City Councml hereby authorizes the
expenditure of funds in the manner and in the amount as specified
mn such approved bids and authorized contracts executed pursuant
thereto
SECTION V That this ordinance shall become effective
immediately upon ~ts passage and approval
JA~ MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
DATE DECEMBER 17, 1996
~P~RT
TO Mayor and Members of the City Council
FROM Ted Benavldes, City Manager
SUBJECT BID #1980 - INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME
FAMILIES
RECOMMF~NDATION, We recommend this bid be awarded to the single respondent, Fred Moore
Day Nursery Ine, m the amount of $35,000 00
SUMMARY. This bid is to provide hcensed child care services on a sliding fee scale for children
of low-to-moderate income working parents, parents enrolled full-time in school or a training program,
unemployed individuals who are actively seeking employment, and parents working and enrolled m
school part-time
The service accepts children 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
TMEISITSDRGROUPS AFFECTED. Fred Moore Day Nursery lnc,
CDBG Division, and Citizens &Denton utilizing the program
FiSCALIMPAC. I. General Funds monies have been appropriated for this program Account # 100-
051-051M-8965
Respectfully submitted
Ted Benavldes
City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
808 AGENDA
3
E \WPDOCS\K\FMOORE K
1996 - 1997 AaREEMENT 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 Cross Timber, Denton,
Texas 76201 hereinafter referred to as "Organization",
WHEREAS City's Human Services Committee (HSC) has reviewed
the services of Organization and has determined that Organization
performs an ~mportant service for the resIdents of Denton without
regard to race, religion, color, age or national origin, and HSC
recommends funding Organization, and
WHEREAS, City has determined that Organization merits assis-
tance and has provided for Thirty-Five Thousand Dollars in its
budget,
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 iow income families
where both parents work
B To provide two nutritional meals, breakfast and lunch,
for the children it serves
C Organization shall perform those services described in
the Work Statement here~n attached as Exhibit A
II.
OBLIaATIONS OF ORGANIZATION
In consideration of the receipt of funds from City,
Organization agrees to the following terms and conditions
A Thirty-five Thousand Dollars ($35,000 00) 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 w~ll allow for a tracing of funds
and a revmew of the financial status of the program
C It will permmt authorized off~cmals of C~ty to review
its books at any time
D It will reduce to wrztlng all of its rules,
regulations, and pollcles and fzle a copy w~th City's Community
Development Office along wzth any amendments, addztzons, or
revzslons whenever adopted
E It wlll not enter into any contracts that would
encumber Czty funds for a permod that would extend beyond the
term of thzs Agreement
F At the dzscretlon of Czty, Organmzatlon may be requzred
to refund the balance of the special account to City at the end
of Organlzatzon's fiscal year
G It wzll promptly pay all bzlls when submitted unless
there zs a discrepancy zn a bmll, any errors or discrepancies mn
bills shall be promptly reported to City's Executzve Dzrector of
Finance, or her authormzed representative, for further direction
H It will appoint a representative who wmll be avamlable
to meet with Czty's Executzve Director of Finance and other Czty
offzczals when requested
I It will mndemnmfy and hold harmless City from any and
all claims and suzts armslng out of the actzvltles of
Organmzatlon, its employees, and/or contractors, and save and
hold City harmless from all lzabllzty, lncludzng costs, expenses
and attorneys fees, for or on account of, any claims, audzt
exceptions, suits, or damages of any character whatsoever,
resulting zn whole or in part from the performance or omlssmon of
any act of any employee, agent or representative of Organmzatmon
J It wmll submit to Cmty copies of year-end audited
f~nanclal statements
III.
TIME OF PERFORMANCE
The services funded by City shall be undertaken by
Organization within the followmng t~me frame
October 1, 1996 through September 30, 1997
IV.
PAYMENTS
A Payments to OrganIzation C~ty shall pay to
Organization an amount of money not to exceed Thirty-five
PAGE 2
Thousand Dollars ($35,000 00) for services rendered under this
Agreement City will pay these funds on a reimbursement basis to
Organization within twenty days after City has received
supporting documentation Organization's failure to request
reimbursement on a timely basis, may jeopardize present or future
funding
B Excess Payment Organization shall refund to City
within ten (10) working days of City's request, any sum of money
which has been paid by Clty and which City at any time thereafter
determines
1) has resulted in overpayment to Organization, or
2) has not been spent strictly in accordance with the
terms of this Agreement, or
3) is not supported by adequate documentation to
fully justify the expenditure
C During any one month period, Organization will not
request more than one-fifth (1/5) of the total budget as
specifIed in Exhibit B
D Deobllgat~on of Funds In the event that actual
expenditures deviate from Organization's provision of a
correspondIng level of performance, as speclfled in Exhibit A,
City hereby reserves the r~ght to reapproprlate or recapture any
such underexpended funds
E Contract Close Out Organization shall submit the
contract close out package to City, together with a f~nal
expenditure report, for the time period covered by the last
invoice requestlng reimbursement of funds under this Agreement,
within f~fteen (15) working days following the close of the
contract period Organization shall utilize the form agreed upon
by City and Organization
V.
EVALUATION
Organization agrees to participate in an implementation and
maintenance system whereby the services can be continuously moni-
tored Organization agrees to make available its financial
records for review by City at City's d~scretlon In addition,
Organization agrees to provide City the following data and
reports, or copies thereof
A Ail external or internal audits 0rganlzat~on shall
submit a copy of the annual independent audit to City within ten
(10) days of receipt
PAGE 3
B All external or mnternal evaluatmon reports
C Quarterly performance reports to be submitted mn
January, Aprml, July and September, to include the followmng
data
1 Number of children served each month
2 Income level of famllmes partmclpatlng mn program
3 Race and/or ethnmcmty of partlclpatmng chmldren
D Organlzatmon agrees to submmt quarterly fmnancmal
statements in January, Aprml, July, and September Each
statement shall mnclude expenses and income, outstanding
oblmgatlons and beginning and endmng balances
VI.
DIRECTORS' MEETINGS
During the term of this Agreement, OrganizatIon shall
delmver to City coples of all notmces of meetings of mrs Board of
Dmrectors, settmng forth the tmme and place thereof Such notmce
shall be delmvered to City mn a tmmely manner to give adequate
notice, and shall mnclude an agenda and a brief descrlptmon of
the matters to be dmscussed Organmzatmon understands and agrees
that Cmty's representatmves shall be afforded access to all
meetmngs of 1ts Board of D~rectors
M~nutes of all meetmngs of Organmzatmon's governmng body
shall be avamlable to Cmty w~thmn ten (10) workzng days of
approval
VII.
SUSPENSION OR TERMINATION
City may suspend or terminate this Agreement and payments to
Organmzatlon, in whole or part, for cause Cause shall include
but not be llmmted to the followmng
a Organmzatlon's mmproper or inept use of funds,
B Organization's failure to comply wmth the terms and
condltzons of thls agreement,
C Organmzatlon's submission of data and/or reports that
are incorrect or mncomplete mn any material respect,
D Appomntment of a trustee, receiver of liquidator for
all or a substantial part of Organmzatmon's property, or
institution of bankruptcy, reorganmzat~on, rearrangement of or
lmquldat~on proceedmngs by or against Organization, or
PAGE 4
E Czty determznes that the carryzng out of thzs Agreement
zs zmposslble or znfeaslble
In case of suspenszon, Czty shall advzse Organzzatzon, zn
writing, as to condztzons precedent to the resumption of funding
and speczfy a reasonable date for compliance
In case of termlnatzon, Organization will remit to Czty any
unexpended City funds Acceptance of these funds shall not
constitute a waiver of any claim Czty may otherwise have arising
out of this Agreement
VIII.
EQUAL OPPORTUNITY
A Organization will 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 opportunity and affirmative action laws or
regulations
C Organization will furnish all information and reports
requested by Czty, and w~ll 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 significant
change without written notice to C~ty
B Any supporting financial statements heretofore
requested by City 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 perzod covered by the report, and that since said data,
there has been no material change, adverse or otherwise, in the
financial condition of Organization
PAGE 5
C No lltmgatlon or legal proceedmngs are presently
pendmng or threatened agamnst Organmzatmon
D None of the provisions heremn contravenes or ms mn
conflmct wmth the authormty under which Organlzatmon ms domng
business or wmth the provisions of any exmstlng mndenture or
agreement of Organmzatlon
E Organmzatmon has the power to enter mnto thms Agreement
and accept payments hereunder, and has taken all necessary action
to authorize such acceptance under the terms and condmtmons of
this Agreement
F None of the assets of Organlzatmon are subject to any
lien or encumbrance of any character, except for current taxes
not delmnquent, except as shown mn the fmnanclal statements
furnmshed by Organlzatmon to City
Each of these representatmons and warranties shall be
contmnumng and shall be deemed to have been repeated by the
submmsslon of each request for payment
Xe
CHANGES AND AMENDMENTS
A Any alterations, addmtlons, or deletions to the terms
of this Agreement shall be by written amendment executed by both
partmes, except when the terms of thms Agreement expressly
provmde that another method shall be used
B Organlzatmon may not make transfers between or among
approved lmne-mtems wmthmn budget categorIes set forth mn Exhibit
B without prior written approval of the Community Development
Coordmnator for the City Organmzatlon shall request, in
wrmtmng, the budget revision in a form prescribed by City, and
such request for revlsmon shall not mncrease the total monetary
obllgatmon of City under this Agreement In addition, budget
revisions cannot smgnlflcantly change the nature, intent, or
scope of the program funded under thms Agreement
C Organlzatmon will submmt revmsed budget and program
information, whenever the level of funding for Organmzatlon or
the program(s) described herein ms altered according to the total
levels contamned in any portion of Exhmbmt B
D It ms understood and agreed by the partmes hereto that
changes mn the State, Federal or local laws or regulatmons
pursuant hereto may occur durmng the term of thms Agreement Any
such modmfmcatmons are to be automatically mncorporated into th~s
Agreement wmthout wrmtten amendment hereto, and shall become a
part of the Agreement on the effective date speclfmed by the law
or regulation
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 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 sa~d programs w~ll be
permitted
XI.
I~DEMNIFICATION
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. 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.
XII.
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
PAGE 7
performance of this Agreement, no person having such Interest
shall be employed or appointed as a member of its 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 is 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 City and no member
of its governing body who exercises any function or responsi-
bilities 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 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
XIII.
NEPOTISM
Organization shall not employ in any paid capacity any
person who is a member of the immediate family of any person who
is currently employed by Organization, or ~s 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
XIV
COMPLIANCE WITH STATE and LOCAL LAWS
CONTRACTOR shall comply with all laws of the United States of
America and the State of Texas and ordinances of the City of Denton
in the performance of this contract
XV.
REPRESENTATIONS
A CONTRACTOR assures and guarantees that ~t possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
Contract
B The person or persons szgnlng and executing th~s Contract
on behalf of CONTRACTOR, do hereby warrant and guarantee that he,
she, or they have been fully authorized by CONTRACTOR to execute
this Contract on behalf of CONTRACTOR and to validly and legally
b~nd CONTRACTOR to all terms, performances and provisions herein
set forth
PAGE 8
C CITY shall have the right, at its option, to either
temporarily suspend or permanently terminate this Contract if there
is a dispute as to the legal authority of either CONTRACTOR or the
person signing the Contract to enter into this Contract CONTRAC-
TOR is liable to CITY for any money it has received from CITY for
performance of the provisions of this Contract if CITY has sus-
pended or terminated this Contract for the reasons enumerated in
this Section
D CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Contract will in no way be sub-
stltuted for funds and resources from other sources, nor in any way
serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, CONTRACTOR had
this Contract not been executed
XVI.
COVENANTS
During the per~od of time that 9ayment may be made hereunder
and so long as any payments remain unllquldated, CONTRACTOR shall
not, without the prior written consent of CITY's Executive Director
of Planning and Development or his authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now owned or
hereafter acquired by it, or permit any pre-existing mort-
gages, liens, or other encumbrances to remaln on, or attached
to, any assets of CONTRACTOR which are allocated to the per-
formance of this Contract and with respect to which CITY has
ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose
of accounts receivables, notes or claims for money due or to
become due
(3) Sell, convey, or lease all or substantial part of
its assets
(4) Make any advance or loan to, or incur any liability
for any other firm, person, entity or corporation as guaran-
tor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or item
of personal property purchased with funds paid to CONTRACTOR
by CITY, unless CITY authorizes such transfer
CONTRACTOR agrees, upon written request by CITY, to require
its employees to attend tralnzng sessions sponsored by the Com-
munity Development Office
PAGE 9
XVII.
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received under this Contract, in compliance with the
provisions of Exhibit B, attached hereto, and with any other ap-
plicable Federal and State regulations establishing standards for
financial management CONTRACTOR's record system shall contain
sufficient documentation to provide in detail full support and
]ustlflcatlon for each expenditure Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal accountability and
liability under any other provision of this Contract or any ap-
plicable law CONTRACTOR shall ~nclude the substance of this
provision in all subcontracts
B CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
under th~s Contract for the period of t~me and under the conditions
specified by CITY
C Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Contract
D At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
its authorized representatives, all of its records and shall permit
CITY, or any of 1ts authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data requested by said
representatives
XVIII.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CON-
TRACTOR shall furnish such statements, records, data and informa-
tion as CITY may request and deem pertinent to matters covered by
this Contract
CONTRACTOR shall submit quarterly beneficiary and financial reports
to CITY no less than once each three months The beneficiary
report shall detail client information, including race, ~ncome,
female head of household and other statistics required by CITY
The financial report shall Include ~nformatlon and data relative to
all programmatic and f~nanclal reporting as of the beginning date
specified in Section I of this Contract
Unless a written exemption has been granted by the CITY,
CONTRACTOR shall submit an audit conducted by independent examiners
PAGE 10
within ten (10) days after receipt of such
XIX.
INSURANCE
A CONTRACTOR shall observe sound business practices with
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under this Contract
B CONTRACTOR shall obtain, for the premises on and in which
the activities described in Exhibit A are conducted, and for the
employees conducting these activities, premise liability insurance,
commonly referred to as "Owner/Tenant" coverage, with CITY named as
an additional insured Upon request of CONTRACTOR, CITY may, at
its sole discretion, approve alternate insurance coverage arrange-
ments
C CONTRACTOR will comply with applicable workers' compensa-
tion statutes and will obtain employers' liability coverage where
available and other appropriate liability coverage for program
participants, if applicable
D CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR All employees of CONTRACTOR who are required to drive
a vehicle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability
insurance Evidence of the employee's current possession of a
valid license and insurance must be maintained on a current basis
in CONTRACTOR's files
E Actual losses not covered by insurance as required by
this Section are not allowable costs under this Contract, and
remain the sole responsibility of CONTRACTOR
F The policy or policies of insurance shall contain a
clause which requires that City and Contractor be notified in
writing of any cancellation or change in the policy at least thirty
(30) days prior to such change or cancellation
XX.
PERSONNEL POLICIES
CONTRACTOR shall establish and maintain personnel policies
which shall be available for examination Such personnel policies
shall
A Be no more liberal than CITY's personnel policies, pro-
cedures, and practices, including policies with respect to employ-
ment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel, and
B Be in writing and shall be approved by the governIng body
of CONTRACTOR and by CITY
PAGE 11
XXI.
NOTIFICATION OF ACTION BROUGHT
In the event that any claam, demand, suit or other actaon is
made or brought by any person(s), firm, corporataon or other entaty
against CONTRACTOR, CONTRACTOR shall give written notice thereof to
CITY within two (2) workang days after being notafaed of such
claam, demand, suit or other action Such notace shall state the
date and hour of notafacatlon of any such claim, demand, suit or
other action, the names and addresses of the person(s), farm,
corporation or other entaty making such claam, or that lnstatuted
or threatened to institute any type of actaon or proceeding, the
basis of such claam, action or proceeding, and the name of any
person(s) agaanst whom such claam is beang made or threatened
Such written notice shall be delavered either personally or by
mall
XXII.
NOTICE
Any notice or other wratten instrument requared or permitted
to be delivered under the terms of thas Agreement shall be deemed
to have been delavered, whether actually receaved or not, when
deposited an the United States maal, postage prepaid, registered or
certified, return receipt requested, addressed to Organlzataon or
City, as the case may be, at the followang addresses
CITY ORGANIZATION
Caty of Denton, Texas Director
Attn City Manager Fred Moore Day Nursery School,
215 E McKlnney Inc
Denton, TX 76201 P O Box Drawer N
Denton, TX 76202
Eather party may change its maalang address by sending notace
of change of address to the other at the above address by certafaed
mall, return receapt requested
XXIII.
MISCELLANEOUS
A Organization shall not transfer, pledge or otherwise
assign this Agreement or any interest therean, or any claim arlsang
thereunder to any party or partaes, bank, trust company or other
financial institution without the prior written approval of Caty
B If any provision of thas Agreement is held to be lnvalad,
illegal, or unenforceable, the remaanlng provasaons shall remaan in
full force and effect and contanue to conform to the original
intent of both parties hereto
C In no event shall any payment to Organlzataon hereunder,
or any other act or faalure of Caty to anslst in any one or more
anstances upon the terms and condatlons of this Agreement consta-
PAGE 12
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 ~mpa~r or prejudice any right, power,
privilege, or remedy avallable to City to enforce its r~ghts
hereunder, which r~ghts, powers, privileges, or remedies are always
speclflcally preserved No representatlve or agent of City may
waive the effect of thls provlslon
D Th~s Agreement, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prlor 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 appropri-
ate, recorded as an amendment of this Agreement
E In the event any d~sagreement or d~spute should arise
between the part~es hereto pertaining to the ~nterpretatlon or
meaning of any part of th~s Contract or its governing rules, codes,
laws, ordinances or regulations, CITY as the party ultimately
responsible to HUD for matters of compliance, w~ll have the final
authority to render or to secure an interpretation
F This Agreement shall be interpreted in accordance with
the laws of the State of Texas and venue of any litigation
concernlng thls Agreement shall be in a court of competent
]urlsdzctzon szttzng in Denton County, Texas
IN WITNESS WHEREOF, the parties do hereby affl_x,thelr slgna-
tu3~_gnd snter znto thzs Agreement as of the/'/7-- day of
, 1996
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE 13
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
FRED MOORE DAY NURSERY SCHOOL,
~NC ,~
ATTEST
PAGE 14
EXHIBIT ~A"
WORK STATEMENT
FRED MOORE DAY NURSERY SCHOOL, INC
The Fred Moore Day Nursery School as a non-profat child care center
which provades child care on a slldang scale Children slx weeks
through fare years of age are elagable for the program N~nety
percent of the children are from low ancome families The parents
must be working to be elagable to enroll their chald
The purpose of the center is to provide a safe, healthy environment
that will meet the development needs of the chald Activities are
designed for each age group to meet the andlvldual and group needs
The curriculum ancludes creatave arts, motor skill, speech
development, music as well as personal hygiene and manners
The center provades breakfast, lunch, and an afternoon snack for
each child All meals meet the USDA food requirements for chaldren
an child care
EXHIBIT ~B"
FRED MOORE DAY NURSERY SCHOOL, INC
GENERAL FUND BUDGET
City of Denton Funding $35,000 00
Monthly Request $ 2,916 66
Monthly Expenses
Teacher $ 928 00
Teacher $ 896 00
Teacher $ 880 00
Teacher $ 400 00
Total $3,104 00