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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