1988-2001228L
NO 'a °7 0
AN ORDINANCE APPROVING A FUNDING 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 'Funding
Agreement" attached hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves the
"Fund ng greement" 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 fun s n t e manner and amount as specified in the Agreement
SECTION III That this ordinance shall become effective
imme ate y upon its passage and approval
PASSED AND APPROVED this the .7~ day of f~ 1988
RAY S' F ENS , M YOR
ATTEST
T , C ~ ETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
1228L
THE STATE OF TEXAS §
COUNTY OF DENTON §
FUNDING 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 has provided for Fourteen Thousand and No/100
Dollars ($14,000 00) in its budget,
NOW, THEREFORF, 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
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
III TIME OF PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame
October 1, 1988 through September 30, 1989
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
$3,500 on or before January 1, 1989
$3,500 on or before April 1, 1989
1 3,500 on or before July 1, 1989
3,500 on or before September 1, 1989
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
PAGE 2
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
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 to include expenses and income
VI 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 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
PAGE 3
IN WITNESS WHEREOF, the parties do hereby affix their igna-
tures and enter into this Funding Agreement as of the day
of 0& j , 1988
CITY OF DENTON, TEXAS DENTON CITY-COUNTY DAY NURSERY
RAY ST I NS, AYOR DIRECTOR
ATTEST'
ATTEST
J I ' L ERST RETY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
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