1990-1592'820L '
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 THERE-
FOR; 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 hereto; 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
immediately upon its passage and app""rova1.
PASSED AND APPROVED this the 16 /day of , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Lit"
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: Lau)-
2820L
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 (here-
inafter 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 performs an important human service for the residents of
Denton without 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
assistance and has provided for Twenty-eight thousand and No/100
Dollars ($28,000.00) in 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 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 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
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
harmless from all liability, including costs, expenses and
attorneys fees, for or on account of, any claims, audit excep-
tions, 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, 1990 through September 30, 1991.
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:
PAGE 2
$2,333.33 on
2,333.39 on
2,333.39 on
2,333.39 on
2,333.39 on
2,333.39 on
2,333.39 on
2,333.39 on
2,333.39 on
2,333.39 on
2,333.39 on
or
or
or
or
or
or
or
or
or
or
or
after
after
after
after
after
after
after
after
after
after
after
November 1, 1990
December 1, 1990
January 1, 1991
February 1, 1991
March 1, 1991
April 1, 1991
May 1, 1991
June 1, 1991
July 1, 1991
August 1, 1991
September 1, 1991
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-Eight Thousand
and No/100 Dollars ($28,000.00) 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 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.
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 Contract, 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 delivered 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 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.
PAGE 4
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
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 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
IN WITNESS WHEREOF, the parties do hereby affix their~ s.igna-
tures and enter into this Funding Agreement as of the day
of -U N- , 1990.
CITY OF DENTON, TEXAS
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
FRED MOORE CHILD CARE CENTER
C L~ °"4
DIRECTOR
ATTEST:
BY : / .~Ldi
SECRETARY
PAGE 6