1992-190AAA00054
ORDINANCE NO. ~_~O
AN 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 FORAN 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:
~ 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.
~ That the city Council authorizes the expenditure of
funds in the manner and amount as specified in the Agreement
~ That this ordinance shall become effective
~mmedlately upon its passage and approval.
PASSED AND APPROVED this the '~ day of ~ 1992.
BOB CASTLEBERRY, MAYOR/
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP/~V~D A~TO LEGAL FORM.
DE~RA A. DRAYOVITCH, CITY ATTORNEY
AGREEHENT BETWEEN THE
CITY OF DBNTONt TEX~B AND
DENTON CITY-COUNTY DAY NURSER¥
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 Agency),
WHEREAS, the City's Human Resources Committee (HRC) has
reviewed the services of the Agency and has determined that the
Agency performs an important human service for the residents of
Denton without regard to race, religion, color, age or national
origin, and therefore HRC recommends funding the Agency; and
WHEREAS, the City has determined that the Agency merits
assistance and can provide needed services to citizens of the City
and has provided funds in its budget for the purpose of paying for
contractual services;
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 Program:
A. To provide low cost day care to iow income families where
parent(s) work and/or attending school or actively seeking
employment.
B. To provide two nutritional 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 will establish a separate bank account for deposit of the
Thirteen Thousand Eight Hundred Sixty and No/100 ($13,860.00)
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
review 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 Community Development Office of
Finance or his authorized representative 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 D~rector of Flnance or
his authorized representative for further direction
H. It will appoint a representative who will be available to
meet w~th the Executive Director of Finance and other City
officials when requested.
I. It will indemnify and hold harm[ess 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
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 the Agency.
J. It will submit to the City of Denton copies of year-end
audited financial statements.
III. TIME OF PERFORF~NCE
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, 105½ West Hickory, Denton,
Texas 76201, Attn: Community Development Administrator:
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On or after January 1, 1993 $3,465
On or after April 1, 1993 $3,465
On or after July 1, 1993 $3,465
September 30, 1993 $3,465
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 Thirteen Thousand Eight Hundred
and sixty Dollars ($13,860.00) 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. ~
The Agency agrees to participate in an implementation and
maintenance system whereby the services can be continuously
monitored. The Agency agrees to make available 1ts financial
records for review by the City at the City's discretion. In
addition, the Agency agrees to provide the City the following data
and/or reports:
A. All external or internal audits. Agency shall submit a copy
of an annual independent audit to City within ten (10) days of re-
ceipt.
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 ethniclty of children.
D. Agency 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. DIRECTOR'S MEETINGS
During the term of this Contract, the Agency shall cause to be
delivered 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 delivered to the city in a timely manner to give adequate
notice, and shall include an agenda and a brief description of the
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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. BUBPENSION 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 writ-
lng, 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. EOUAL 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 its books, records, and accounts
for purposes of investigation to ascertain compliance with local,
state and Federal rules and regulatlons.
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D. In the event of the Agency's non-compliance with the non-dis-
crimination requirements, the Contract may be cancelled, terminated,
or suspended in whole or in part, and the Agency may be barred from
further contracts with the City.
IX. CQ~FLICT 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 ser-
vices required to be performed under this Contract. The Agency fur-
ther 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 himself,
or others; particularly those with whlch 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
Contract shall (1) participate in any decision relating to the Con-
tract 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 Contract or the proceeds thereof.
X. NEPOTISM
Agency shall not employ in any pa~d capacity any person who is a
member of the immediate family or any person who is currently em-
ployed 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.
IN WITNESS WHEREOF, the parties do h~gb,~ affix thel~g~atu~es
and enter Into this Agreement as of the_'~~-~ day of
1992.
CITY OF DENTON, TEXAS
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DEBRA A. DRAYOVITCHt CITY ATTORNEY
DENTON CITY-COUNTY DAY NURSERY
DIRECTOR
ATTEST:
AAA00054
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