2004-357ORDINANCE NO. c~4T ~,.~7
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
CHILDCARE EXPANSION PROGRAM FOR LOW-INCOME CHILDREN; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID
3254-CHILDCARE EXPANSION PROGRAM FOR LOW-INCOME CHILDREN AWARDED TO
DENTON CHRISTIAN PRESCHOOL IN THE AMOUNT OF $30,336).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies or services in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that the
herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as
shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be
used for the purchase of the materials, equipment, supplies or services approved and accepted herein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for materials, equipment, supplies, or services,
described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid
number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NO. CONTRACTOR AMOUNT
3254 1 Denton Christian Preschool $30,336
SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts the
offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, specifications, standards, quantities and for the specified
sums contained in the Bid Invitations, Bid Proposals, and related documents.
SECTION 3. That the City and persons submitting approved and accepted items and of the
submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and
awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the
written contracts which shall be attached hereto; provided that the written contract is in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal
and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above competitive bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids
or pursuant to a written contract made pursuant thereto as authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /~ ~;~'/ day of C~/~/~-~, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
2004-2005 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON CHRISTIAN PRESCHOOL
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 Denton Christian Pre-
school, 1114 West University Drive, Denton, TX 76201, a non-profit corporation, hereinafter
referred to as "Organization";
WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the
proposal for services and has determined that Organization performs an important service for the
residents of Denton without regard to race, religion, color, age or national origin, and HSAC rec-
ommends the purchase of services; and
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose
of paying for contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used:
Provide low cost day care for at least eleven children between the ages of 3 and 4 years
old from low-income households who would not have been served by the organization
without CITY funds.
Provide day care between 8:30 a.m. ant~ 11:30 a.m. Monday through Friday and provide
one full meal and snack to the children daily.
Organization shall perform those services described in the Work Statement herein at-
tached as Exhibit A.
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions:
A. Thirty Thousand Three Hundred and Thirty Six Dollars ($30,336.00) may be paid to Or-
ganization by City, and the only expenditures reimbursed from these fimds, shall be those
Page 1 of 18
in accordance with the project budget, attached hereto as Exhibit B and incorporated herein
by reference, for those expenses listed in the scope of services as provided herein. Organi-
zation 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 of City to review its books at any time.
D. It will reduce to writing all of its roles, regulations, and policies and file a copy with
City's Community Development Division along with any amendments, additions, or revi-
sions whenever adopted.
E. It will not enter into any contracts that would encumber City funds for a period that
would extend beyond the term of this Agreement.
F. 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 City's Community Devel-
opment Division for further direction.
G. It will appoint a representative who will be available to meet with City officials when re-
quested.
It will indemnify and hold harmless City from any and all claims and suits arising out of
the activities of Organization, its employees, and/or contractors.
I. It will submit to City copies of year-end audited financial statements.
3.
TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within
the following time frame:
October 1, 2004 through September 30, 2005, unless the contract is sooner terminated
under Section 7 "Suspension or Tenuination".
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. Organization shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton.
Page 2 of 18
REPRESENTATIONS
Organization assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement.
The person or persons signing and executing this Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully authorized by Or-
ganization to execute this Agreement on behalf of Organization and to validly and legally
bind Organization to all terms, performances and provisions herein set forth.
City shall have the right, at its option, to either temporarily suspend or permanently ter-
minate this Agreement if there is a dispute as to the legal authority of either Organization
or the person signing the Agreement to enter into this Agreement. Organization is liable
to City for any money it has received fi:om City for performance of the provisions of this
Agreement if City has suspended or terminated this Agreement for the reasons enumer-
ated in this Section.
Organization agrees that the funds and resources provided Organization under the terms
of this Agreement will in no way be substituted for funds and resources fi:om other
sources, nor in any way serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, Organization had this Agreement not
been executed.
COVENANTS
During the period of time that payment may be made hereunder and so long as any pay-
ments remain unliquidated, Organization shall not, without the prior written consent of
the Community Development Administrator or her authorized representative:
(1)
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Organization now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remain on, or attached to, any
assets of Organization which are allocated to the performance of this Agreement
and with respect to which City has ownership hereunder.
(2)
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4)
Make any advance or loan to, or incur any liability for any other firm, person, en
tity or corporation as guarantor, surety, or accommodation endorser.
Page 3 of 18
(5)
Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds paid to Organization by City, unless City authorizes such trans-
fer.
Organization agrees, upon written request by City, to require its employees to attend
training sessions sponsored by the Community Development Division.
PAYMENTS
PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum mount of
money not to exceed Thirty Thousand Three Hundred and Thirty Six Dollars
($30,336.00) for services rendered under this Agreement. City will pay these funds on a
reimbursement basis to Organization within 20 days after City has received supporting
documentation. Organization's failure to request reimbursement on a timely basis, may
jeopardize present or future funding.
EXCESS PAYMENT. Organization shall refund to City within ten working days of City's
request, any sum of money which has been paid by City and which City at any time
thereafter determines:
(1) has resulted in overpayment to Organization; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Organization's reimbursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted line items for costs as specified in Exhibit B.
DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures
deviate from Organization's provision of a corresponding level of performance, as speci-
fied in Exhibit A, City hereby reserves the right to reappropriate or recapture any such
under expended funds. If City finds that Organization is unwilling and/or unable to com-
ply with any of the terms of this Contract, City may require a refund of any and all
money expended pursuant to this Contract by Organization, as well as any remaining un-
expended funds which shall be refunded to City within ten working days of a written no-
tice to Organization to revert these financial assets. The reversion of these financial as-
sets shall be in addition to any other remedy available to City either at law or in equity for
breach of this Contract.
CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City,
together with a final expenditure report, for the time period covered by the last invoice
requesting reimbursement of funds under this Agreement, within 15 working days fol-
Page 4 of 18
lowing the close of the contract period. Organization shall utilize the form agreed upon
by City and Organization.
MAINTENANCE OF RECORDS
Organization agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in compli-
ance with the provisions of Exhibit B, attached hereto, and with any other applicable
Federal and State regulations establishing standards for financial management. Organiza-
tion's record system shall contain sufficient documentation to provide in detail full sup-
port and justification for each expenditure. Nothing in this Section shall be construed to
relieve Organization of fiscal accountability and liability under any other provision of this
Agreement or any applicable law. Organization shall include the substance of this provi-
sion in all subcontracts.
Organization agrees to retain all books, records, documents, reports, and written account-
ing procedures pertaining to the operation of programs and expenditures of funds under
this Agreement for five years.
Nothing in the above subsections shall be construed to relieve Organization of responsi-
bility for retaining accurate and current records which clearly reflect the level and benefit
of services provided under this Agreement.
At any reasonable time and as often as City may deem necessary, the Organization shall
make available to City, HUD, or any of their author/zed representatives, all of its records
and shall permit City, HUD, or any of their authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data re-
quested by said representatives.
o
REPORTS AND INFORMATION
At such times and in such form as City may require, Organization shall finnish such
statements, records, data and information as City may request and deem pertinent to matters cov-
ered by this Agreement.
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each three months. The beneficiary report shall detail client information, including race,
income, female head of household and other statistics required by City. The financial report shall
include information and data relative to all programmatic and financial reporting as of the begin-
ning date specified in Section 1 of this Agreement.
Page 5 of 18
Unless the City has granted a written exemption, Organization shall submit an audit con-
ducted by independent examiners with ten days after receipt of such.
10.
EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Organization agrees to make available its financial
records for review by City at City's discretion. In addition, Organization agrees to provide City
the following data and reports, or copies thereof:
All external or intemal audits. Organization shall submit a copy of the annual independ-
ent audit to City within ten days of receipt.
B. All external or internal evaluation reports.
Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City' Community Develop-
ment Division including but not limited to: number of persons or households assisted,
race, gender, disability status and household income. Beneficiary reports shall be due to
City within 15 working days after the completion of each quarter.
Organization agrees to submit quarterly financial statements in January, April, July, and
September. Each statement shall include current and year-to-date period accounting of
all revenues, expenditures, outstanding obligations and beginning and ending balances.
Financial reports shall be due to City within 15 working days after the completion of each
quarter.
E. An explanation of any major changes in program services.
To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of fimds received and
the services performed under this Agreement. Organization's record system shall contain
sufficient documentation to provide in detail full support and justification for each ex-
penditure. Organization agrees to retain all books, records, documents, reports, and writ-
ten accounting procedures pertaining to the services provided and expenditure of funds
under this Agreement for the period of time and under the conditions specified by the
City.
Nothing in the above subsections shall be construed to relieve Organization of responsi-
bility for retaining accurate and current records, which clearly reflect the level and benefit
of services, provided under this Agreement.
Page 6 of 18
11.
DIRECTOR'S MEETINGS
During the term of this Agreement, Organization shall deliver to 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 City in a timely manner to give adequate notice, and shall include an agenda and
a brief description of the matters to be discussed. Organization understands and agrees that
City's representatives shall he afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Organization's governing body shall be available to City
within 10 days after Board approval.
12.
SUSPENSION OR TERMINATION
The City may terminate this Agreement with cause if the Organization violates any cove-
nants, agreements, or guarantees of this Agreement, the Organization's insolvency or fil-
ing of bankruptcy, dissolution, or receivership, or the Organization'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 convenience at any time. If the City termi-
nates this Agreement for convenience, Organization will be paid an amount not to exceed
the total amount of accrued expenditures as of the effective date of termination. In no
event will this compensation exceed an amount, which bears the same ratio to the total
compensation as the services actually performed bears to the total services of Organiza-
tion covered by the Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions prece-
dent to the resumption of funding and specify a reasonable date for compliance.
In case of termination, Organization will remit to City any unexpended City funds. Ac-
ceptance of these funds shall not constitute a waiver of any claim City may otherwise
have ar/sing out of this Agreement.
13.
PERSONNEL POLICIES
Personnel policies shall be established by Organization and shall be available for exami-
nation. Such personnel policies shall:
Be no more liberal than City's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays,
fringe benefits, vacation and sick leave privileges, and travel; and
B. Be in writing and shall be approved by the governing body of Organization and by City.
Page 7 of 18
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
Organization will submit for City approval, a written plan for compliance with the Equal
Employment and Affirmative Action Federal provisions, within one hundred twenty
(120) days of the effective date of this Agreement.
Organization shall comply with all applicable equal employment opportunity and af-
firmative action laws or regulations.
Organization will furnish all information and reports requested by City, and will permit
access to its books, records, and accounts for purposes of investigation to ascertain com-
pliance with local, State and Federal rules and regulations.
In the event of Organization's non-compliance with the non-discrimination requirements,
the Agreement may be canceled, terminated, or suspended in whole or in part, and Or-
ganization may be barred from further contracts with City.
15.
WARRANTIES
Organization represents and warrants that:
All information, reports and data heretofore or hereafter requested by City and furnished
to City, are complete and accurate as of the date shown on the information, data, or re-
port, and, since that date, have not undergone any siguificant change without written no-
tice to City.
Any supporting financial statements heretofore requested by City and furnished to City,
are complete, accurate and fairly reflect the financial conditions of Organization on the
date shown on said report, and the results of the operation for the period covered by the
report, and that since said date, there has been no material change, adverse or otherwise,
in the fmancial condition of Organization.
No litigation or legal proceedings are presently pending or threatened against Organiza-
tion. :
None of the provisions herein contravene or are in conflict with the authority under which
Organization is doing business or with the provisions of any existing indenture or agree-
ment of Organization.
Organization 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 con-
ditions of this Agreement.
Page 8 of 18
None of the assets of Organization are subject to any lien or encumbrance of any charac-
ter, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
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.
16.
CHANGES AND AMENDMENTS
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.
Organization may not make transfers between or among approved line items within
budget categories set forth in Exkibit B without prior written approval of the Community
Development Administrator for the City. Organization shall request, in writing, the
budget revision in a form prescribed by City, and such request for revision shall not in-
crease the total monetary obligation of City under this Agreement. In addition, budget
revisions cannot significantly change the nature, intent, or scope of the program funded
under this Agreement.
Organization will submit revised budget and program information, whenever the level of
fimding for Organization or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit 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 writ-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation.
City may, from time to time during the'term of the Agreement, request changes in Exhibit
A which may include an increase or decrease in the amount of Organization's compensa-
tion. Such changes shall be incorporated in a written amendment hereto, as provided in
Subsection A of this Section.
Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Ex-
hibit B shall require the prior written approval of City.
Organization agrees to notify City of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
Organization shall notify City of any changes in personnel or governing board composi-
tion.
Page 9 of 18
It is expressly understood that neither the performance of Exhibit A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be per-
mired.
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity against Organization, Organization shall give written no-
tice thereof to City within two working days after being notified of such claim, demand, suit or
other action. Such notice shall state the date and hour of notification of any such claim, demand,
suit or other action; the names and addresses of the person(s), firm, corporation or other entity
making such claim, or that instituted or threatened to institute any type of action or proceeding;
the basis of such claim, action or proceeding; and the name of any person(s) against whom such
claim is being made or threatened. Such written notice shall be delivered either personally or by
mail.
.18.
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Organization
shall save and hold City, its officers, agents and employees harmless from all liabil-
ity of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever re-
sulting in whole or in part from the performance or omission of any employee, agent
or representative of Organization.
Organization agrees to provide the defense for, and to indemnify and hold harmless
City its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of
the use of these contracted funds and program administration and implementation
except to the extent caused by the willful act or omission of City, its agents or em-
ployees.
19.
INSURANCE
Organization shall observe sound business practices with respect to providing such bond-
ing and insurance as would provide adequate coverage for services offered under this
Agreement.
The premises on and in which the activities described in Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
Page 10of18
commonly referred to as "Owner/Tenant" coverage with City named as an additional in-
sured. Upon request of Organization, City may, at its sole discretion, approve altemate
insurance coverage arrangements.
Organization will comply with applicable workers' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
Organization will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization. All employees of Organization who are re-
quired to drive a vehicle in the normal scope and course of their employment must pos-
sess a valid Texas Driver's license and automobile liability insurance. Evidence of the
employee's current possession of a valid license and insurance must be maintained on a
current basis in Organization's files.
Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of Organization.
The policy or policies of insurance shall contain a clause which requires that City and
Organization be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation.
20.
CONFLICT OF INTEREST
Organization 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 Agreement. Organization
further covenants that in the performance of this Agreement, no person having such inter-
est shall be employed or appointed as a member of its governing body.
Organization further covenants that no member of its governing body or its staff, subcon-
tractors or employees shall possess any interest in or use his/her position for a purpose
that is or gives the appearance of being motivated by desire for private gain for him-
self/herself, or others; particularly those with which he/she has family, business, or other
ties.
No officer, member, or employee of City and no member of its governing body who ex-
ercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
Page 11 of 18
21.
NEPOTISM
Organization shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by Organization, or is a member of
Organization's governing board. The term "member of immediate family" includes: wife, hus-
band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, steppar-
ent, stepchild, half-brother and half~sister.
22.
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 re-
ceipt requested, addressed to Organization or City, as the case may be, at the following ad-
dresses:
CITY
ORGANIZATION
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Denton Christian Preschool
ATTN: Director
1114 West University
Denton, TX 76201
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.
23.
MISCELLANEOUS
Organization shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any claim arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re-
maining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
In no event shall any payment to Organization hereunder, or any other act or failure of
City to insist in any one or more instances upon the terms and conditions of this Agree-
ment constitute or be construed in any way to be a waiver by City of any breach of cove-
nant or default which may then or subsequently be committed by Organization. Neither
shall such payment, act, or omission in any manner impair or prejudice any right, power,
privilege, or remedy available to City lo enforce its rights hereunder, which fights, pow-
Page i2of18
ers, privileges, or remedies are always specifically preserved. No representative or agent
of City may waive the effect of this provision.
This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement, un-
derstanding, or other commitment occurring during the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed in writ-
ing, and if appropriate, recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertain-
lng to the interpretation or meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD
for matters of compliance, will have the final authority to render or to secure an interpre-
tation.
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 juris-
diction sitting in Denton County, Texas.
IN WITNESS WHEREOF, the aarties dot'hereby
Agreement as of the c~ ,P) day of 7/t~/O,~tt~t
affix their signatures and enter into this
,2004.
CITY OF DENTON, TEXAS
cMi~yHA E~LNAA'GCEORNDUFF
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
BY: ~
Page 13 of 18
DENTON CHRISTIAN PRESCHOOL
ATTEST:
~DIRECTO~ ~ °
Page 14 of 18
EXH]BIT A
SCOPE OF SERVICES
Denton Christian Preschool
The Scope of Services under this Agreement shall be as follows:
SECTION I - ACT1VITY
ORGANIZATION shall provide quality low cost day care for the residents of Denton
Beneficiaries of the services to be provided hereunder must reside in the City of Denton and
ORGANIZATION shall provide children between the ages of 3 and 4 years old from low-
income households who would not have been served by the organization without CITY funds.
SECTION II - SERVICES
In order to complete the agreed upon activity ORGANIZATION shall provide the following ser-
vices:
· Provide day care between 8:30 a.m. and 11:30 a.m. every Monday through Friday during
the contract year with the exception of designated holidays.
· The children will be served at least one complete meal and at least one snack each day.
The meals and snacks will meet all nutrition requirements set forth by the State Child
Care Food Program.
· Provide a developmentally appropriate pre-school education for the children served.
· Provide medical and diagnostic screenings.
· Provide parent and family education through monthly family nights.
· Provide transportation for the children to and from school and its activities.
· Must meet or exceed the Texas Department of Human Services minimum licensing stan-
dards for Child Care Centers.
· Make bilingual education available to children who speak Spanish as their primary lan-
guage.
Page 15 of 18
SECTION III - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the ORGANIZATION can measure
performance under this agreement. A unit of service shall be defined as childcare and appropri-
ate services to a household as described in Section II - Services
SECTION IV - GOALS
ORGANIZATION shall provide childcare services to not less than 11 more households than
could be served without CITY funding. The total number of units of service required constitutes
the performance target for the ORGANIZATION under this Agreement. The ORGANIZATION
will provide services to approximately 110 total children during FY 2004-2005 persons during
the term on this Agreement. In addition, at least 10 of the children served in the additional 3-4
year old classroom will be City of Denton residents.
ORGANIZATION shall provide the services listed in this Agreement within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the ORGANIZATION exceed the lesser of the ORGANIZA-
TION's costs attributable to the work performed as stated herein, or sum of Thirty Thousand
Three Hundred and Thirty Six Dollars ($30,336).
SECTION V - OUTCOMES
Direct Service Outcome
· Quality early childhood education in preparation for school readiness
· The children will be served at least one complete meal and at least one snack each day.
The meals and snacks will meet all nutrition requirements set forth by the State Child
Care Food Program.
· Improved health and welfare through nutritional meals as well as medical and diagnostic
screenings.
· Parent and family education through monthly family nights.
Community Outcome
The Denton Christian Preschool assists the City of Denton in the provision of services necessary
to:
(1) ensure safe, affordable quality childcare is available to low-income families
(2) continue allocation of scarce resources to meet urgent community needs, as outlined in the
2000-2005 City of Denton Consolidated Plan as Human Services objectives.
The Denton Christian Preschool benefits the citizens of the City of Denton by providing quality
early childhood education as an integral part of building a better community.
Page 16 of 18
Exhibit B
Budget
Denton Christian Preschool
Allowable Expenditure
Budget Amount
$30,336.00
Staff Salaries
Total $30,336.00
The Denton Christian Preschool will be reimbursed on a fee for service basis for services pro-
vided to residents of Denton. Denton Christian Preschool may submit monthly or quarterly re-
imbursement requests for staff salaries. The following staff positions may be reimbursed by the
City of Denton: Assistant Director, Part-time Teacher, Bilingual Translator, and/or Part-time
Van Driver. Reimbursement requests must include time sheets and copies of paychecks orpay
stubs for the salaries for which reimbursement is being requested.
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Date:
2004-2005
Exhibit C
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
Moderate Income
80% AMI - <65%
AMI
$37,250 - $30,251
$42,550- $34,601
$47,900 - $38,901
$53,200- $43,251
$57,450 - $46,701
$61,700- $50,151
$65,950-$53,601
$70,200 - $57,051
Sourcel
Low Income
65% AMI - <50%
AMI
$30,250- $23,301
$34,600- $26,601
$38,900- $29,951
$43,250- $33,251
$46,700- $35,901
$50,150-$38,551
$53,600- $41,251
$57,050- $43,901
Very-Low Income
50% AMI - <30%
AMI
$23,300- $13,951
$26,600- $15,951
$29,950- $17,951
$33,250- $19,951
$35,900 - $21,551
$38,550- $23,151
$41,250 - $24,751
$43,900 - $26,351
Ex~emel~Low In-
come
~30%AMI
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
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