1990-1742850L
ORDINANCE NO.
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 and aaplpro al.
17
PASSED AND APPROVED this the l(O day of Awm~, 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY : O-A q C~q v- 111/ lJ l7C
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
L
2850L
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
(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 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 City's Executive Director
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 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. 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, 1989 through September 30, 1990.
IV. METHOD OF PAYMENT
A. Payment by the City for services provided hereunder will
be made as follows; provided, that Agency shall request said pay-
ment 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, 1991 $3,500
On or after April 1, 1991 $3,500
On or after July 1, 1990 3,500
September 30, 1991 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. It
is expressly understood that this contract in no way obligates
the General Fund or any other monies or credits of the City of
Denton.
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
cop 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
PAGE 3
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 submitted 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 incor-
rect 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 responsi-
bilities 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 hereby affix their
sign tures and enter into this Agreement as of the T,1 day
of /2 , 1990.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED tATO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
ATTEST:
~SECRETARY CITY OF DENTON, TEXAS
) < )
DENTON CITY-COUNTY DAY NURSERY
DIRECTOR
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