1994-238AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON CITY-COUNTY DAY NURSERY; 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
Denton City-County Day Nursery, in consideration of the valuable
public services to be furnished by Denton City-County Day Nursery 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 Denton City-County
Day Nursery, 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
immediately upon its passage and
PASSED AND APPROVED this the4~t/~C~day of ~/;~_~3~, 1994.
ATTEST: BOE CASTLEBERRY, MAYO/
JENNIFER WALTERS, CITY SECRETARY
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON CITY-COUNTY DAY NURSERY
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 Denton City-County Day Nursery, a
non-profit corporation (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 important human service for the residents of Denton
without regard to race, religion, color, age or national origin,
and therefore HSC recommends funding Organization; and
WHEREAS, City has determined that Organization merits assist-
ance and can provide needed services to citizens of City and has
provided funds in its budget for the purpose of paying for con-
tractual 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 Program:
A. Provide low cost day care to low income families where
parent(s) work and/or attend school or actively seek employment.
B. Provide two nutritional meals, breakfast and lunch, for the
children it serves.
Organization shall provide the 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
Twenty-One Thousand Dollars ($21,000.00) 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 for 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
review 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 the 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 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.
Io It will indemnify and hold harmless City from any and all
claims and suits arising out of the activities of Organization, its
employees, 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. It will submit to City copies of year-end audited financial
statements.
III. TIME OF PERFOR/~A~CE
The services funded by City shall be undertaken by Organization
within the following time frame:
October 1, 1994 through September 30, 1995.
IV. PAYMENTS
A. Payments to Organization. City shall pay to Organization
a maximum amount of money totaling Twenty-One Thousand Dollars
($21,000.00) 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.
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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 this Agreement, 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 reim-
bursement 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 its 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. Ail external or internal audits. Organization shall submit
a copy of an annual independent audit to City within ten (10) days
of receipt.
B. Ail 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.
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2. Income level of families participating in program.
3. Race and/or ethnicity of children assisted.
D. Organization shall submit quarterly financial statements to
City in January, April, July, and September. Each statement shall
include income and expenses for the preceding quarter.
VI. DIRECTORS' MEETINGS
During the term of this Agreement, the 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
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 representa-
tives 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 and/or reports that are
incorrect 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-
dered impossible or infeasible.
In case of suspension, City shall advise Organization, in writ-
ing, as to conditions precedent to the resumption of funding and
specify a reasonable date for compliance.
In case of termination, Organization will remit to City any
unexpended City funds. Acceptance of these funds shall not consti-
tute a waiver of any claim City may otherwise have arising out of
this Agreement.
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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 Pederal rules and regulations.
D. In the event of Organization's non-compliance with the
non-discrimination requirements, the Agreement may be cancelled,
terminated, 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 ser-
vices required to be performed under this Agreement. Organization
further covenants that in the performance of this Agreement, no per-
son 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 its
governing body who exercises any function or responsibilities in the
review or approval of the undertaking or carrying out of this Agree-
ment shall (1) participate in any decision relating to the Agreement
which affects his personal interest or the interest in any corpora-
tion, 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 or 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,
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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 city-County Day Nursery
215 E. McKinney 1603 Paisley
Denton, TX 76201 Denton, TX 76201
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 their~signat~res
and enter into this Agreement as of the~/Uf~ day of ~
1994.
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, MA~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
ATTEST:
SECRETARY
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EXIIIIIIT A
WORK STATEMENT
CITY-COUNTY DAY NURSI£RY
Denton City County Day Nursery is a non-profit child care facility for low income families. Parents
tnust be workiug, goiug to school, or looking for employment to be eligible. DCCDN is open
Monday through Friday from 6:30 a.tn. to 5:30 p.m. The staff consisls of 8 teachers, I part-time aide,
a cook, an assistant director aud director. The children are setwecl breakfast, hmch and 2 snacks.
Tuition is based ou size of family and yearly inco~ne.
The nursery not only provides a safe and heahhly enviromnent for child care, but a learning program
for all age groups. The curriculum places emphasis on cognitive, affective, and psychomotor learning
skills, good health habits, and physical development. The nursery slaff receives 20 contiuuiug
education hours each year in child development and early childhood educatiou.
The most important element of our work is the elnphasis placed ou enhancing the self-concept of each
individual child, as this is very significaut for his/her futura success.
EXHIBIT "B"
DENTON CITY-COUNTY DAY NURSERY
GENERAL FUND BUDGET
City of Denton Funding $21,000.00
Monthly Request $1,750.00
Monthly Expenses
Teacher I $946.41
Cook $946.41
Total $1,892.82
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