1991-163ORDINANCE NO V A~0 3
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 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
PASSED AND APPROVED this
ATTEST
JENNIFER WALTERS, CITY
BY
and approval
the ~ day of 1991
BOB CASTLEBERRY, MAYO
APPRpV,ED AS/TO LEGAL FORM
DEBRA--'A
DF&YYOVITCH, /CITY ATTORNEY
BY /V/~C/'/lW) L4_aU_tn,1--lJV )
AAA00054
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 Agency),
WHEREAS, the Cityfs 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 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
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
Fourteen Thousand and No/ 100 ($14,000 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 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 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 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 PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame
October 1, 1991 through September 30, 1992
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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On or after January 1, 1992 $3,500
On or after April 1, 1992 $3,500
On or after July 1, 1992 $3,500
September 30, 1992 $3,500
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 Fourteen Thousand and No/100
Dollars ($14,000 00) for all of the services rendered
C The City shall not be obligated or liable under this contract
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
maintenance system whereby the services can be continuously
monitored The Agency agrees to make available its 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
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
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
matters to be discussed Agency understands and agrees that City
PAGE 3
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 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
bankruptcy, reorganization, rearrangement of or liquidation
proceedings by or against the Agency
E If for any reason the carrying out of this agreement is
rendered 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
constitute 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
compliance 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
opportunity 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
PAGE 4
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 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 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 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 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
Contract shall (1) participate in any decision relating to the
contract 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 paid capacity any person who is a
member of the immediate family or 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
IN WITNESS WHEREOF, the parties do her y affix their signatures
and enter into this Agreement as of the day of 21Q9g
1991
PAGE 5
CITY OF DENTON, TEXAS
BOB CASTLEBERRY,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPMOVED A%/TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
DENTON CITY-COUNTY DAY NURSERY
L(4~ 5 k-ej~
ZRECTOR
ATTEST
J"t~ 14) 5A6&~-~
PCRETARY
AAA00054
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