21-174022-1740
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON AND NEW GENERATION CHILDCARE CENTER;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING
FOR THE EXPENDITURE OF COUNCIL CONTINGENCY FUNDS IN AN AMOUNT NOT
TO EXCEED ONE THOUSAND DOLLARS ($1,000); AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the purpose of New Generation Childcare Center is to serve children and
families by providing healing and hope; and
WHEREAS, New Generation Childcare Center provides childcare; and
WHEREAS, Council Member Johnson contributed a total of $1,000 from available
contingency funds for expenses related to residential care; and
WHEREAS, the City of Denton supports non-profit organizations that strive to make the
City a better place by providing help for the at -risk in the community; and
WHEREAS, the City Council of the City of Denton hereby finds that the agreement
between the City and New Generation Childcare Center, attached hereto and made a part hereof
by reference (the "Agreement'), serves a municipal and public purpose and is in the public
interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or their designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement,
including the expenditure of funds in an amount not to exceed $1,000 in accordance with the
terms of the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by ; o,
and seconded by \ . This ordinance was passed and
approved by the following vote - ]:
Aye Nay
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2: 1/
Jesse Davis, District 3: V/
Alison Maguire, District 4: 1/
Deb Armintor, At Large Place 5:
Paul Meltzer, Mayor Pro Tern.: _
Abstain Absent
PASSED AND APPROVED this the `L.1 s! day of �C p-e�n1pQ C , 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FORM:
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CATHERINE CLIFTON, INTERIM CITY ATTORNEY
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BY: _ Date: 2021.09,1617x02:29 -05'00'
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DocuSign Envelope 1D: 6A758423-E4DB-43F9-9490-D7DF96AD9C25
COUNCIL CONTINGENCY FUND AGREEMENT
BETWEEN THE CITY OF DENTON AND
NEW GENERATION CHILD CARE CENTER
This Agreement is hereby entered into by and between the City of Denton, a Texas home rule
municipal corporation, hereinafter referred to as "City", and New Generation Child Care Center, a
Texas non-profit corporation, hereinafter referred to as "New Generation".
WHEREAS, City has determined that the services provided by New Generation to the
citizens of City merit assistance through the Council Contingency Fund and City has provided
funds in its budget for such Council Contingency Fund; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. OBLIGATIONS OF NEW GENERATION
In consideration of the receipt of funds from City, New Generation agrees to the following
terms and conditions:
A. One Thousand Dollars and no/100 ($1,000.00) shall be paid to New Generation by
City to be utilized for paying expenses related to residential care.
B. New Generation will maintain adequate records to establish that the City funds are
used for the purposes authorized by this Agreement.
C. Upon request, New Generation will permit authorized officials of City to review its
books, financial statements, and records and provide copies of its By Laws, rules and regulations,
and meeting minutes at anytime. Such copies shall be made available within ten (10) business days
of such request. All records pertaining to the funds granted hereby shall be maintained for at least
five (5) years.
D. New Generation will not enter into any contracts that would encumber City funds for
a period that would extend beyond the term of this Agreement.
E. New Generation will appoint a representative who will be available to meet with City
officials when requested.
F. New Generation will comply with all applicable federal, State, and local laws and
policies including all applicable equal employment opportunity and affirmative action laws or
regulations. In the event of New Generation's non-compliance with the non-discrimination
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requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
New Generation may be barred from further contracts with City.
GL New Generation will comply with all applicable federal, State, and local laws and
policies regarding conflicts of interest and will not participate in any transactions or decisions where
such a conflict might exist.
11. TIME OF PERFORMANCE
The term of this Agreement shall commence on the date of the last signature affixed to this
Agreement (the "effective date") and terminate New Generation, unless the contract is sooner
terminated under Section V "Termination".
M. PAYMENTS
A. PAYMENTS To NEw GENERATION. City shall pay to New Generation the spun specified
in Article 11 after the effective date of this Agreement.
B. EXCESS PAYMENT. New Generation shall refund to City within ten (10) working days
of City's request, any sum of money which has been paid by City and which City at any time
thereafter determines: has resulted in overpayment to New Generation; or has not been spent strictly
in accordance with the terms of this Agreement; or is not supported by adequate documentation to
fully justify the expenditure.
N EVALUATION
New Generation agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. New Generation shall maintain records that provide
complete and accurate statements as to the status and use of City funds. In addition, upon request,
New Generation agrees to provide City the following data and reports, or copies thereof: all external
or internal audits. New Generation shall submit a copy of the annual independent audit to City
within ten (10) days of receipt; all external or internal evaluation reports; and an explanation of any
major changes in program services.
V. TERMINATION
The City may terminate this Agreement for cause if New Generation violates any covenants,
agreements, or guarantees of this Agreement, New Generation's insolvency or filing of bankruptcy,
dissolution, or receivership, or New Generation's violation of any law or regulation to which it is
bound under the terms of this Agreement. The City may terminate this Agreement for other reasons
not specifically enumerated in this paragraph, including for convenience.
VI. WARRANTIES
New Generation represents and warrants that:
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A. All financial reports, information, reports, records, and data heretofore or hereafter
requested by City and furnished to City, are complete and accurate and fairly reflect the financial
conditions of New Generation, if applicable, as of the date shown on the financial report,
information, data, record, or report, and, since that date, have not undergone any significant change,
adverse or otherwise, without written notice to City.
B. No litigation or legal proceedings are presently pending or threatened against New
Generation.
C. None of the provisions herein contravenes or is in conflict with the authority under
which New Generation is doing business or with the provisions of any existing indenture or
agreement of New Generation.
D. New Generation has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
E. New Generation does not have any conflicts of interest with respect to this
transaction.
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
VII. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
C. New Generation shall notify City of any changes in personnel or governing board
composition.
VIII. INDEMNIFICATION
TO THE EXTENT AUTHORIZED BY LAW, NEW GENERATION AGREES TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
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INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY NEW
GENERATION OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT,
INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON,
CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON
ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF NEW GENERATION, ITS
OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
IX. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via hand -delivery, e-mail, or facsimile, addressed to New Generation or City, as the case maybe,
at the following addresses:
CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
E -Mail: sara.hensley@cityofdenton.com
New Generation
Kenneth Davis
Business Manager
2301 Hinkle St
Denton, TX 76201
E -Mail: newgenerationchildcarel@gmail.com
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
X. MISCELLANEOUS
A. New Generation shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party without the prior written approval of
City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to New Generation hereunder, or any other act or
failure of City to insist in any one or more instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by City of any breach of covenant or default
which may then or subsequently be committed by New Generation. Neither shall such payment, act,
or omission in any manner impair or prejudice any right, power, privilege, or remedy available to
City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
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D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the ,State of Texas
and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the 21St day of September 2021.
CITY OF DENTON
DocuSigned by:
*WSLEY, INTERIM CITY
MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:FSigned by:
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1CKMC6917549 —
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: r•-•DocuSigned by:
(,ALVikL
894722343B11431...
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NEW GENERATION CHILDCARE
CENTER
rt)ocuSignedby:
BY•
KENNETH DAVIS
BUSINESS MANAGER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
DocuSigned by:
SO.L 6,&Jt,r
Chief of staff
TITLE
Sarah Kuechler
PRINTED NAME
City Manager's office
DEPARTMENT