1992-188 ORDINANCE NO.~~___
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:
SEC_~ 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.
~ That the City Council authorizes the expenditure of
funds in the manner and amount as specified in the Agreement.
EC O~. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED thls the ~_~ day of ~, 1992.
BOB CASTLEBERRY, MAYOR/
ATTEST
/
:
JENNIFER WALTERS, C~TECRETARY
DEBR~ A. DRAYOVITCH, CITY ATTORNEY
AAA00056
AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
FRED MOORE CHILD CARE CENTER
Thls 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 corporatlon with offices at 821 Cross Timber, Denton, Texas
76201, (hereinafter referred to as Agency);
WHEREAS, the city's Human Services Committee (HSC) has revlewed
the services of the Agency and has determined that the Agency per-
forms an important human service for the residents of Denton w~th-
out regard to race, religion, color, age or national orig~n, and
therefore HSC recommends funding the Agency; and
WHEREAS, the City has determined that the Agency merits assis-
tance and has provided for Twenty-seven Thousand Seven Hundred
Twenty No/100 Dollars ($27,720.00) ~n its budget;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. 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 ~ncome families where
both parents work.
B. To provide two nutrltlonal meals, breakfast and lunch, for
the children it serves.
II. OBLIGATIONS OF AGENCY
In consideration of the receipt of funds from the City, Agency
agrees to the following terms and conditions:
A. It wlll establish a separate bank account for deposit of the
Twenty-Seven Thousand Seven Hundred Twenty and No/100 ($27,720.00)
Dollars paid to the Agency by the C~ty and the only expenditures
from th~s account, until such time as said funds are exhausted,
shall be for those expenses listed in the scope of servlces as
provided for here~n. 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,
1ts 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 1ts 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, 1992 through September 30, 1993.
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, 110 West Oak, Suite B,
Denton, Texas 76201, Attn: community Development Coordinator:
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$6,930 on or after January 1, 1993
$6,930 on or after April 1, 1993
$6,930 on or after July 1, 1993
$6,930 on September 30, 1993
B. It is expressly understood and agreed that in no event under
the terms of this contract will the total compensation to be paid
hereunder exceed the maximum sum of Twenty-Seven Thousand Seven
Hundred Twenty No/100 Dollars ($27,720.00) for all of the services
rendered.
C. The City shall not be obligated or liable under this con-
tract 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:
A. All external or internal audits. Agency shall submlt a copy
of the 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.
2. Income level of families participating in program.
3. Race and/or ethnlclty 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
VI. DIRECTORS' MEETINGS
During the term of this Contract, the Agency shall deliver to the
City copies of all notices of meetlngs 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 d~scussed
Agency understands and agrees that City representatives shall be
PAGE 3
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 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 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 w111 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. ~OUAL 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 Contract.
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 1ts books, records, and accounts
for purposes of investigation to ascertain compliance wlth local,
state and Federal rules and regulations.
PAGE 4
D. In the event of the Agency's non-compliance with the non-
discrimination requarements, the Contract may be cancelled, termi-
nated, or suspended in whole or an part, and the Agency may be barred
from further contracts with the City.
IX. CONFLICT OF INTEREST
A. The Agency covenants that neather 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 Contract. The Agency
further covenants that in the performance of this Contract, 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 hamself,
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
1ts governing body who exercises any function or responsabllitles in
the review or approval of the undertaking or carrying out of this
Contract shall (1) participate in any declsaon relating to the
Contract which affects his personal interest or the interest an any
corporation, partnershap, or association in which he has darect or
indirect interest; or (2) have any interest, direct or indirect, in
this Contract or the proceeds thereof.
X. NEPOTISM
Agency shall not employ in any paid capacaty 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 ammedlate family" includes: wife, husband, son,
daughter, mother, father, brother, saster, in-laws, aunt, uncle,
nephew, niece, step-parent, step-child, half-brother and half-sister
PAGE 5
IN WITNESS WHEREOF, the parties do hereby aff=~eir slg~Sj
and enter into this Funding Agreement as of the-~"~ day of ~
1992.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
FRED MOORE CHILD CARE CENTER
DIRECTOR
ATTEST:
BY:
SECRETARY
AAA00056
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