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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