1995-255A:\FMDAY.ORD
ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
FRED MOORE CHILD CARE CENTER, TO PROVIDE FUNDING TO FRED MOORE
CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, City's Human Services Committee ("HSC") has reviewed the
services of Fred Moore Child Care Center (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 with the Texas
Department of Human Services (hereinafter referred to as TDHS)
subsequent to Title IV-A of the Social Security Act to accept and
expend 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 the
agreement with TDHS to the Organization to support child care
eligible under Title IV-A. 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 the attached Child Care
Certified Expenditures Agreement ("AGREEMENT") will enable
Organization to provide better quality services. NOW THEREFORE;
TEE 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 authorizes
the Mayor to execute said AGREEMENT.
SECTION II. That the City Council authorizes the expenditure
of funds in the manner as specified in the AGREEMENT.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~-day of-~~__,
BOB CASTLEBERRY, MAYO~
/
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 FRED MOORE CHILD CARE CENTER
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 Child Care Center, 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 per-
forms an important service for the residents of Denton without re-
gard to race, religion, color, age or national origin, and HSC
recommends funding Organization; and
WHEREAS, the City has entered into an agreement with the Texas
Department of Human Services (hereinafter referred to as TDHS)
subsequent to Title IV-A of the Social Security Act. Title IV-A
authorizes federal funding for the At-Risk Child Care Program.
TDHA is authorized to enter into agreements with public or private
agencies to accept and expend funds for the purpose of providing
social and/or other services for the benefit of eligible
individuals.
WHEREAS, the City desires to provide funding reimbursed under
this agreement to the Organization to support child care eligible
under Title IV-A. 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 following tasks:
A. To provide low cost day care to low income families where
both parents work at least 30 hours per week or families where on
parent works at least 30 hours per week and the other parent
attends school full time.
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 services
currently provided pursuant to the 1995-1996 Agreement between the
City of Denton, Texas and Fred Moore Child Care Center. The funds
provided pursuant to this Agreement will provide improved fa-
cilities, cirriculum supplies, enhanced cirriculum, and improved
instruction for students.
II. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organiza-
tion agrees to the following terms and conditions:
A. Funds provided to Organization by City shall be spent for
staff training and supplies, including supplies needed to teach
cooking and parenting skills classes.
B. To prepare and submit all appropriate certifying information
for support and provision of child care to eligible Title IV-A At
Risk clients as determined by TDHS to the Community Development
Office, 100 W. Oak Street, Suite 208, Denton, TX 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 IV-A 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
Expenditure 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.
PAGE 2
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.
I. It will not enter into any contracts that would encumber
!City funds for a period that would extend beyond the term of this
Agreement.
J. It will appoint a representative who will be available to
imeet with City's Executive Director of Finance and other City
iofficials when requested.
K. It will indemnify and hold harmless City from any and all
iclaims and suits arising out of the activities of Organization, its
employees, and/or contractors, and save and hold City harmless from
all liability, including costs, expenses and attorneys fees, for or
on account of, any claims, audit exceptions, suits, or damages of
any character whatsoever, resulting in whole or in part from the
performance or omission of any act of any employee, agent or
representative of Organization.
L. It will submit to City copies of year-end audited financial
statements.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken by Organization
within the following time frame:
September 1, 1994 through August 31, 1996.
IV. REIMBURSEMENT REQUEST AND
PAYMENT OF MATCHING FUNDS
The City agrees:
A, City shall complete and submit, after receipt of certifying
information from the Organization, a State of Texas Purchase
Voucher requesting reimbursement of certified expenditures.
B. City shall pay the Organization all matching funds received
from TDHS under Contract Number 0353923 within 30 days of receipt
providing such amounts do not exceed the reimbursement request.
PAGE 3
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 discretion. In addition, Organization
agrees to provide City the following data and reports, or copies
thereof:
A. All external or internal audits. Organization shall submit
a copy of the annual independent audit to City within ten (10) days
of receipt.
B. All external or internal evaluation reports.
C. Quarterly performance reports to be submitted in January,
April, July and September, to include the following data:
1. Number of children served each month.
2. Income level of families participating in program.
3. Race and/or ethnicity of participating children.
Do Organization agrees to submit quarterly financial statements
in January, April, July, and September. Each statement shall
include expenses and income, outstanding obligations and beginning
and ending balances.
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 City 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.
PAGE 4
VII. TERMINATION
General Provisions:
A. This agreement may be terminated at any time by either party
immediately by written notice as provided herein below.
B. Any and all amendments or modifications of this agreement
shall be in writing and signed by both parties.
C. Any notices or other written instruments 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 mail, Postage prepaid,
registered, or certified, return receipt requested, addressed to
Organization or City, as the case may be, at the following
addresses:
CITY ORGANIZATION
Barbara Ross Cathy Gaskin
Community Development office Fred Moore Day Nursery, Inc.
City of Denton 821 Crosstimber
100 W. Oak, Suite 208 Denton, TX 76201
Denton, TX 76201
VIII. EQUAL OPPORTUNITY
A. Organization will submit for City approval, a written plan
for compliance with the Equal Employment and Affirmative Action
Federal provisions.
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.
PAGE 5
IX. WARRANTIES
ORGANIZATION represents and warrants that:
A. All 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 City.
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 period
covered by the report, and that since said data, there has been no
material change, adverse or otherwise, in the financial condition
of Organization.
C. No litigation or legal proceedings are presently pending
or threatened against Organization.
D. None of the provisions herein contravenes or is in
conflict with the authority under which Organization is doing
business or with the provisions of any existing indenture or
agreement of Organization.
E. Organization has the power to enter into this Agreement
and accept payments hereunder, and has taken all necessary action
to authorize such acceptance under the terms and conditions of this
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 financial 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 alterations, additions, or deletions to the terms of
this Agreement shall be by written amendment executed by both
parties.
PAGE 6
B. It is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this
Agreement without written amendment hereto, and shall become a part
of the Agreement on the effective date specified by the law or
regulation.
C. 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.
D. Organization shall notify City of any changes in
personnel or governing board composition.
XI. INDEMNIFICATION
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 performance of this
Agreement, no person having such interest shall be employed or
appointed as a member of its governing body.
PAGE 7
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 responsibilities 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 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.
XIV. 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 deposi-
ted in the United States mail, 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 Child Care Center
215 E, McKinney P.O. Box Drawer N
Denton, TX 76201 Denton, TX 76202
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
PAGE 8
XV. 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 is subject to the availability of local,
state and/or federal funds. If funds are not available or reduced,
written notice will be given by City of termination, payment
suspension or funding reduction.
IN WITNESS WHEREOF, the parties do hereby aff~,2~ ~eir signa-
tu~,es and enter into this Agreement as of the/~"~- day of
~, 1995.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 9
APPROVED AS TO LEGAL FORM:
HERBERT PROUTY, CITY ATTORNEY
FRED/~ORE C~I5~ CARE CENTER
D~iRECT~RTM ' .
ATTEST:
PAGE 10
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 sliding scale. Children six weeks through five years of age are eligible for the
program. Ninety percent of the children am 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 environment that will meet the
development needs of the child. 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 center provides breakfast, lunch, and an aftemoon snack for each child. All meals meet
the USDA food requirements for children in child care.
"EXHIBIT B"
STATE OF TEXAS §
COUNTY OF DENTON §
CHILD CARE CERTIFIED EXPENDITURES CONTRACT
CONTRACT NUMBER 0353923
THE TEXAS DEPARTMENT OF HUMAN SERVICES, hereinafter referred to as
"the Department" and THE CITY OF DENTON, TEXAS, hereinafter
referred to as "the Certifier", do hereby make and enter into this
Contract which constitutes the entire agreement under the above
number between the Certifier and the Department.
1. CONTRACT AUTHORITY
The Department is responsible for administering Title IV-A of the
Social Security Act. Title IV-A authorizes, among other programs,
federal funding for the At-Risk Child Care Program. Federal law
and regulations, as well as state law in the Human Resources Code,
Chapters 21 and 22, permit and authorize the Department, subject to
.certain limitations, to enter into agreements with public or
private agencies to accept and expend funds for the purpose of
providing social and/or other services for the benefit of eligible
individuals. Federal regulations provide that certain funds
certified by public entities may be considered as the State's
matching share in obtaining federal funds.
2. CERTIFIER AGREEMENTS
The Certifier agrees:
2.1 To certify total expenditures for support and provision of
child care to eligible Title IV-A At-Risk clients not to
exceed the amount of federal funds specified by the Department
as being available for each funding period and the applicable
non-federal matching share.
2.2 To make its first certification to the Department within a
reasonable amount of time for preparation of the certification
documents following notification by the Department of the
procedures and process for certification and that the Depart-
ment is prepared to process the certification and remit the
applicable federal share of the amount certified back to the
Certifier.
2.3 To keep records adequate to show that the total amount
expended for services to eligible Title IV-A clients is
equivalent to reported certified expenditures and that the
non-federal share was covered by funds qualifying as the non-
federal matching share under Title IV-A of the Social Security
Act. Said records shall be retained for three years and 90
days after the submission of the certification by the Certifi-
er to the Department.
2.4 To provide the Department with certification information
detailing expenditures for care and support and to process the
certification through the State Controller by September 30 of
each year.
2.5 To provide child care services in accordance with all applica-
ble local, state, and federal laws and regulations.
3. DEPARTMENT AGREEMENTS
The Department agrees:
3.1 To pay the Certifier the applicable federal matching share of
the amount certified as total expenditures for support and
provision of child care to eligible Title IV-A At-Risk
clients.
3.2 To prepare all reports to the federal government on expendi-
tures and services in order to obtain federal matching funds.
4. MUTUAL AGREEMENTS
The Department and the Certifier mutually agree:
4.1 That mutually agreed upon local operating plans and procedures
will be used to implement the terms and intent of this
agreement.
4.2 That this agreement may be amended by mutual agreement of both
parties at any time.
4.3 That this contract is subject to the availability of local,
state, and or federal funds. If funds are unavailable or
reduced, written notice will be given by either party of
termination, payment suspension, or funding reduction.
4.4 That if federal, state, or local laws or other requirements
are amended or judicially interpreted so as to render contin-
ued fulfillment of this Agreement, on the part of either
' 1
party, substantial y unreasonable or impossible and if the
parties ~hould be unable to agree upon any amendment which
would therefore be needed to enable the substantial continua-
tion of the services contemplated herein, the parties shall be
discharged from any further obligations created under the
terms of this Agreement, except for the equitable settlement
of the respective accrued interests or obligations incurred up
to the date of termination.
Page 2
4.5 That this agreement may be terminated by either party, for any reason,
upon written notification to the other party at least 90 days in advance
of such termination. Nothing in this paragraph shall be construed to
prohibit immediate cancellation pursuant to paragraphs 4.3 or 4.4.
5. PLAN OF OPERATION
5.1 Term of Services. Support and child care services qualifying for
reimbursement pursuant to this agreement shall be provided no earlier
than September 1, 1994 and ending on August 31, 1996.
5.2 Care Provision and Rate Settinq Option. Certifier has or will purchase
care from third parties using facility specific rates and setting
average prospective rates each month at the time of billing. The Budget
or Cost Based Unit Rate Determination Worksheet (Form 2430-D) shall be
utilized for the Rate Setting Methodology.
5.3 Proqram Description. Certifier has provided funding to facilities
specified by the Certifier in general fund or Community Development
Block Grant dollars to provide child care to low income families.
Services have been or will be provided to families where parent(s) are
.both working at least 30 hours per week. Services have been or will be
provided to families where one parent works at least 30 hours per week
and the other parent attends school full-time. Services have been or
will be provided on a sliding scale basis to eligible families specified
by the certifier.
6. GENERAL PROVISIONS
6.1 Amendment and Modification. Any and all amendments or modifications of
this agreement shall be in writing signed by both parties.
6.2 Notices. 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 mail, postage prepaid, registered or certified, return
receipt requested, addressed to Department or Certifier, as the case may
be, at the following addresses:
CERTIFIER DEPARTMENT
Barbara Ross Leslie Gomez
Community Devglopment office Contract Manager
City of Denton Texas Department of Human
100 W. Oak, suite 208 Services
Denton, Texas 76201 3131 Fishtrap
Dallas, Texas 75212
Page 3
Either party may change its mailing address by sending notice
of change of address to the other at the above address by
certified mail, return receipt requested.
The signatories below certify that they are authorized to bind
their respective organizations in the manner described above.
TEXAS DEPARTMENT OF HUMAN CITY OF DENTON, TEXAS
SERVICES ~~ ~
BY: B~_. ~/~
Burton F. Raiford, V.' Harre
Commissioner City Manager
DATE: DATE:
.Reviewed by TDHS' Office of the General Counsel
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
E: \WPDOCS~K\TD}{S. K
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