1994-239AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF
DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best
interest of the citizens of the City to provide public funds to Fred
Moore Child Care Center, in consideration of the valuable public
services to be furnished by Fred Moore Child Care Center to the City
of Denton in accordance with the Agreement attached hereto; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That, the City Council hereby approves the Agreement
attached hereto, between the City of Denton and Fred Moore Child
Care Center, and authorizes the Mayor to execute said agreement.
SECTION II. That the City Council authorizes the expenditure of
funds in the manner and amount as specified in the Agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval./
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAY;R ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
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 with offices at 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 human service for the residents of Denton with-
out regard to race, religion, color, age or national origin, and
therefore HSC recommends funding Organization; and
WHEREAS, City has determined that Organization merits assis-
tance and has provided for Thirty-five Thousand and No/100 Dollars
($35,000.00) 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 low 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 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. It will establish a separate bank account for deposit of the
Thirty-five Thousand Dollars ($35,000.00) paid to Organization by
City, and the only expenditures from this account, until such time
as said funds are exhausted, shall be for those expenses listed in
the scope of services as provided herein. Organization shall not
commingle funds received from other sources in this account and
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 re-
view of the financial status of the program.
C. It will permit authorized officials of City to review its
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 revisions whenever
adopted.
E. It will not enter into any contracts that would encumber
City funds for a period that would extend beyond the term of this
Agreement.
F. At the discretion of City, Organization may be required to
refund the balance of the special account to City of Denton at the
end of Organization's fiscal year.
G. It will promptly pay all bills when submitted unless there
is a discrepancy in a bill; any errors or discrepancies in bills
shall be promptly reported to the Executive Director of Finance or
her authorized representative for further direction.
H. It will appoint a representative who will be available to
meet with the Executive Director of Finance and other City
officials when requested.
I. It will indemnify and hold harmless City from any and all
claims 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.
J. Each year, it will submit to City a copy of its year-end
audited financial statement.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken by Organization
within the following time frame:
October 1, 1994 through September 30, 1995.
PAGE 2
IV. PAYMENTS
A. Payments to Organization. City shall pay to Organization
a maximum amount of money totaling Thirty-five 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 of 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 City and which City at any time thereafter determines:
1) has resulted in overpayment to Organization; or
2) has not 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 any budgeted line items for costs as
specified in Exhibit "B".
D. Deobligation of Funds. In the event that actual expendi-
tures deviate from Organization's provision of a corresponding
level of performance, as specified in Exhibit A, City hereby
reserves the right to reappropriate or recapture any such under-
expended funds.
E. Contract Close Out. Organization shall submit the contract
close out package to City, together with a final expenditure
report, for the time period covered by the last invoice, requesting
reimbursement of funds under this Agreement within fifteen (15)
working days following the close of the contract period. Organiza-
tion 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
monitored. 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. Ail external or internal audits. Organization shall submit
a copy of the annual independent audit to City within ten (10) days
of receipt.
PAGE 3
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.
D. Organization shall submit quarterly financial statements to
City 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 Directors,
setting forth the time and place thereof. Such notice shall be de-
livered 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 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
City may suspend or terminate this Agreement and payments to
Organization, in whole or part, for cause. Cause shall include but
not be limited to the following:
A. Organization's improper or inept use of funds.
B. Organization's failure to comply with the terms and conditions
of this agreement.
C, Organization's submission of data or reports that are incor-
rect Or incomplete in any material respect, or
D, Appointment of a trustee, receiver or liquidator for all or a
substantial part of Organization's property, or institution of bank-
ruptcy, reorganization, rearrangement of or liquidation proceedings
by or against Organization.
E; If for any reason the carrying out of this Agreement is ren-
derediimpossible or infeasible.
PAGE
In case of suspension, City shall advise Organization, in
writing, as to conditions precedent to the resumption of funding and
specify a reasonable data for compliance.
In case of termination, Organization will remit to City any
unexpended City funds. Acceptance of these funds shall not consti-
tute a waiver of any claim City 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 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 cancelled, termi-
nated, or suspended in whole or in part, and Organization may be
barred from further contracts with City.
IX. 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.
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 position for a purpose that is or gives the
appearance of being motivated by desire for private gain for himself,
or others; particularly those with which he has family, business, or
other ties.
C. No officer, member, or employee of City and no member of
Organization's 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
PAGE 5
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.
X. 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 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.
XI. NOTICE
Any notice or other written instrument required or permitted to
be delivered under the terms of this Agreement shall be deemed to
have been delivered, whether actually received or not, when deposited
in the United States 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
City of Denton, Texas Director
Attn: City Manager Fred Moore Child Care Center
215 E. McKinney P.O. 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.
IN WITNESS WHEREOF, the parties do he~ffix thee ir signatures
and enter into this Agreement as of the~,,~7'--day of
1994.
CITY OF DENTON, TEXAS
BOB CASTL~BER-RY, MA~OR ~
PAGE 6
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP ED AS LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
-~~ FRED MOORE CHILD CARE CENTER
~CT~R ~ --
ATTEST:
SECRETARY
PAGE 7
EXHIBIT A
WORK STATEMENT
FRED MOORE CHILD CARE
The Fred Moore Cam Center 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 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, healthly 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"
FRED MOORE DAY NURSERY SCHOOL, INC
GENERAL FUND BUDGET
City of Denton Funding $35,000.00
Monthly Request $2,916.66
Monthly ExDenses
Teacher $928.00
Teacher $896.00
Teacher $880.00
Teacher $400.00
Total $3,104.00
PAGE 9