1989-1462820L
NO 9-/
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 funs`3n tTe manner and amount as specified in the Agreement
SECTION III That this ordinance shall become effective
imme ae ty~its passage and approval
PASSED AND APPROVED this the / 7tj~day of 1989
RAY S HENS, IJAYUK
ATTEST
(121 1
J FE T S, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY Q"tJ_-,_
2820L
THE STATE OF TEXAS § AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
FRED MOORE CHILD CARE CENTER
COUNTY OF DENTON §
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 The Agency's purpose is 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
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
1 7,000 on or after October 1, 1989
7,000 on or after January 1, 1990
7,000 on or after April 1, 1990
$7,000 on or after July 1, 1990
PAGE 2
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 A copy of the annual
independent audit shall be furnished to City within ten
(10) days of receipt by the Agency
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 Quarterly financial statements to be submitted in January,
April, July, and September for the preceding quarter to include
expenses and income
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 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
PAGE 3
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 thirty (30) 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
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
PAGE 4
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 other, 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
IN WITNESS WHEREOF, the parties do hereby affix their signa-
tures and enter into this Funding Agreement as of the /74C day
of QeJ , 1989
CITY OF DENTON, TEXAS FRED MOORE CHILD CARE CENTER
RAY TE S, M OR DIRECTOR
ATTEST
ppI W a i agt rG
JE IF A TES, CITY SECRETARY
ATTEST
'r '4"d
SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY /4LS1lLIKL
PAGE 5
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