1993-218ORDINANCE NO. QZ' Z/8
AN 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 "Funding Agreement" attached here-
to; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the "Funding
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 .7j6ti day of .CWo ~re/y)f Kl!/G/ 1993.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS,CITY SECRETARY
BY: 43a--,6r
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: Lag,,
AAA00056
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 Agency);
WHEREAS, the City's Human Services Committee (HSC) has reviewed
the services of the Agency and has determined that the Agency 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 the Agency; and
WHEREAS, the city has determined that the Agency merits assis-
tance and has provided for Twenty-eight Thousand No/100 Dollars
($28,000.00) in its budget;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
The Agency 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. Agency shall perform those services described in the Work
Statement herein attached as Exhibit A.
II. OBLIGATIONS OF AGENCY
In consideration of the receipt of funds from the City, Agency
agrees to the following terms and conditions:
A. It will establish a separate bank account for deposit of the
Twenty-eight Thousand and No/100 ($28,000.00) Dollars paid to the
Agency by the 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.
Agency 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 for the City of Denton
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 City's Community Development of-
fice along with any amendments, additions, or revisions whenever
adopted.
E. It will not enter into any contracts that would encumber the
City funds for a period that would extend beyond the term of this
Agreement.
F. At the discretion of the City, the Agency may be required to
refund the balance of the special account to the City of Denton at
the end of the Agency'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
his 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 the City from any and
all claims and suits arising out of the activities of the Agency,
its employees, and/or contractors and save and hold the City harm-
less 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 the Agency.
J. Each year, it will submit to the City a copy of its year-end
audited financial statement.
III. TIME OF PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame:
October 1, 1993 through September 30, 1994.
PAGE 2
IV. METHOD OF PAYMENT
A. Payment by the City for services provided hereunder will be
made as follows; provided, that Agency shall request said payment
by letter addressed to: City of Denton, 105 i W. Hickory Street,
Denton, Texas 76201, Attn: Human Services Coordinator:
$7,000 on or after January 1, 1994
$7,000 on or after April 1, 1994
$7,000 on or after July 1, 1994
$7,000 before September 30, 1994
B. it is expressly understood and agreed that in no event under
the terms of this Agreement will the total compensation to be paid
hereunder exceed the maximum sum of Twenty-Eight Thousand No/100
Dollars ($28,000.00) for all of the services rendered.
C. The City shall not be obligated or liable under this
Agreement to any party other than the Agency for payment of any
monies or provision of any goods or services.
V. EVALUATION
The Agency agrees to participate in an implementation and main-
tenance system whereby the services can be continuously monitored.
The Agency agrees to make available its financial records for re-
view by the City at the City's discretion. In addition, the Agency
agrees to provide the City the following data and reports or copies
thereof:
A. All external or internal audits. Agency 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.
D. Agency 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.
PAGE 3
VI. DIRECTORS' MEETINGS
During the term of this Agreement, the Agency shall deliver to
the 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.
Agency understands and agrees that City representatives shall be
afforded access to all Board of Director's meetings.
Minutes of all meetings of the Agency's governing body shall be
available to the City within ten (10) working days of approval.
VII. SUSPENSION OR TERMINATION
The city may suspend or terminate this Agreement and payments to
the Agency, in whole or part, for cause. Cause shall include but not
be limited to the following:
A. Agency's improper, misuse, or inept use of funds.
B. Agency's failure to comply with the terms and conditions of
this agreement.
C. Agency's submission of data 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 the Agency's property, or institution of bank-
ruptcy, reorganization, rearrangement of or liquidation proceedings
by or against the Agency.
E. If for any reason the carrying out of this agreement is ren-
dered impossible or infeasible.
In case of suspension, the City shall advise the Agency, in
writing, as to conditions precedent to the resumption of funding and
specify a reasonable data for compliance.
In case of termination, the Agency will remit to the City any
unexpended City funds. Acceptance of these funds shall not consti-
tute a waiver of any claim the City may otherwise have arising out of
this Agreement.
VIII. EQUAL OPPORTUNITY
A. Agency will submit for city approval, a written plan for com-
pliance with the Equal Employment and Affirmative Action Federal
provisions, within one hundred twenty (120) days of the effective
date of this Agreement.
PAGE 4
B. Agency shall comply with all applicable equal employment op-
portunity and affirmative action laws or regulations.
C. Agency will furnish all information and reports requested by
the 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 the Agency's non-compliance with the non-
discrimination requirements, the Agreement may be cancelled, termi-
nated, or suspended in whole or in part, and the Agency may be barred
from further contracts with the City.
IX. CONFLICT OF INTEREST
A. The Agency 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. The Agency
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. The Agency 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 the 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.
X. NEPOTISM
Agency 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 Agency, or is a member of Agency'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.
PAGE 5
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 Agency or City, as the case
may be, at the following addresses:
CITY AGENCY
City of Denton, Texas Director
Attn: City Manager Fred Moore Child Care Center
215 E. McKinney P. O. Drawer N
Denton, TX 76201 Dentnon, 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 hereby affix th it signatures
and enter into this Agreement as of the 7tk day of M9 o~nky.) ,
1993.
CITY OF DENTON, TEXAS
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: i
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 6
FRED MOORE CHILD CLARE CENTER
D
A'1".
BY
AAF
PAGE 7
EXHIBIT A
WORK STATEMENT
FRED MOORE CHILD CARE
The Fred Moore Care 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 afternoon snack for each child. All meals meet the USDA
food requirements for children in child care.