1987-2081228L
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 ~t is in the
best interest of the citizens of the C~ty to provide public funds
to Denton Cxty-County Day Nursery, ~n consideration of the
valuable public services to be furnished by Denton C,ty-County
Day Nursery to the City of Denton ~n accordance w~th the ,,Fund*ng
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 Denton City-County Day Nursery, and authorizes the Mayor to
execute said agreement
SECTION II That the C~ty Council authorizes the expenditure
of f~nds in the manner and amount as specified ~n the Agreement
SECTION III That th~s ordinance shall become effective
~mmediately upon ~ts passage and approval
PASSED AND APPROVED this the~$~ day of~' 1987
'~'IIAY STEPHENS, MAYOR
ATTEST
IF~g]WALTERS, CITY- SECR T
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
1228L
THE STATE OF TEXAS $ FUNDING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
DENTON CITY-COUNTY DAY NURSERY
COUNTY OF DENTON $
This Agreement xs 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 reszdents of
Denton without regard to race, religion, color, age or national
origin, and therefore HRC recommends funding the Agency, and
WHEREAS, the Czty has determined that the Agency merits
asszstance and has provided for Twelve Thousand and No/100 Dollars
($12,000 00) zn its budget,
NOW, THEREFORE, the parties hereto mutually agree as follows
I SCOPE OF SERVICES
The Agency shall xn a satisfactory and proper manner perform
the followxng tasks
A The Agency's purpose ~s to provide low cost day care to
low ~ncome families where both parents work
B To provide two nutritional meals (breakfast and lunch) for
the children
II OBLIGATIONS OF AGENCY
In conslderat~on 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 Twelve Thousand and No/100 ($12,000 00) Dollars pa~d to the
Agency by the City and the only expenditures from th~s account,
until such time as sa~d funds are exhausted, shall be for those
expenses listed ~n the scope of services as provided for herein
Agency shall not commingle funds received from other sources in
th~s account and shall not utilize these funds for any other
purpose
B It w~11 establish, operate, and maintain an account system
for th~s program that w111 allow for a tracing of funds and a
review of the f~nanclal 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
P 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 b111, 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 w111 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, 1987 through September 30, 1988
IV METHOD OF PAYMENT
A Payment by the City for services provided hereunder will
be made as follows
$$,000 on or before January 1, 1988
~3,000 on or before April 1, 1988
3,000 on or before June 1, 1988
$3,000 on or before September 1, 1988
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 Twelve Thousand and
No/100 Dollars ($12,000 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 £ollow~ng data
and/or reports
A All external or internal audits
B Ail external or internal evaluation reports
C Quarterly performance reports submitted in January, April,
July and September, to include the following criteria
1 Number of children served each month
2 Income level of families participating in program
D Quarterly financial statements submitted in January, April,
July, and September to ~nclude 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 l~mlted 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, ~n
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
IN WITNESS WHEREOF, the parties do hereby affix thelr.~lgna-
rures and enter into this Funding Agreement as of the /'7~'~'~ day
CITY OF DENTON, TEXAS DENTON CITY-COUNTY DAY NURSERY
/RA~-'y STEPHENS, MAYOR ~ DIRECTOR
ATTEST ATTEST
J~I~ER~ALTERS, CITY SECRETARY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
PAGE 4