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2001-352O INANCENO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (]~ID 2704 - INFANT & CHII.D PROGRAM FOR LOW-INCOME FAMILIES, AWARDED TO FRED MOORE DAY NURSERY SCHOOL, IN THE AMOUNT OF $38,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance w~th the procedures of STATE law and Clty 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, eqmpment, 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 2704 ALL FRED MOORE DAY NURSERY SCHOOL $38,000 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, spec~fications, standards, quantities and for the specified sums contmned in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That the City and persons submnt~ng approved and accepted ~tems and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the City Manager or his designated representative is hereby authorized to execute tl~e written contracts which shall be attached hereto, provided that the written contract is ~n accordance with the terms, conchtlons, specificat~ons, 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 expenchture 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 orchnance shall become effective lmmechately upon its passage and approval PASSED AND APPROVED this the /~J~ day of C.~g, ZPt~/T¢~//', 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 2704 INFANT & CHILD CARE PROGRAM FOR LOW-INCOME FAMILIES CONTRACT ORDINANCE 2001-2002 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE DAY NURSERY SCHOOL BID # 2704 This Agreement ~s hereby entered into by and between the City of Denton, Texas, a Home Rule Mtmmlpal Corporation, hereinafter referred to as "C~ty", and Fred Moore Day Nursery School, 821 Crosst~mbers, Denton, TX 76205, hereinafter referred to as "Orgamzat~on", WHEREAS, C~ty's Human Servmes Advisory Committee CHSAC") has rewewed the proposal for Services and has determined that Organization performs an ~mportant servme for the residents of Denton w~thout regard to race, rehg~on, color, age or national origin, and HSAC recommends the purchase of services, and WHEREAS, City has determined that the proposal for serwces meres assistance and can prowde needed servmes to c~txzens of Cxty and has provided funds xn xts budget for the purpose of paying for contractual serwces, NOW, THEREFORE, the parties hereto mutually agree as follows 1 SCOPE OF SERVICES Orgamzatlon shall ~n a satisfactory and proper manner perform the following tasks, for whmh the momes provided by City may be used A To, prowde low cost day care for chddran ages 6 weeks to 5 years of age from low ~ncome families where parent(s) are working full-t~me, going to school full-t~me, attending school and working part-time, or are actively seeking employment B To provide two nutritional meals, breakfast and lunch, for the chddren ~t serves Orgamzat~on shall perform those services described in the Work Statement herem attached as Exhibit A 2 OBLIGATIONS OF ORGANIZATION In cons~derataon of the receipt of funds from City, Organization agrees to the following terms and conditions A Tlurty-e~ght Thousand Dollars ($38,000 00) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance w~th the project budget, attached hereto as Exhibit B and ~ncorporated here~n by reference, for Page 1 of 17 those expenses hsted m the scope of serwces as prowded here~n Orgamzat~on shall not utd~ze these funds for any other purpose B It wall estabhsh, operate, and mmntmn an account system for th~s program that wall allow for a tracing of funds and a rewew of the financml status of the program C It wall permit authorized officials of City to rewew ~ts books at any time D It w~ll reduce to writing all of its rules, regulations, and pohmes and file a copy with C~ty's Commumty Servmes Office along wath any amendments, addltmns, or revisions whenever adopted E It wall not enter ~nto any contracts that would encumber City funds for a period that would extend beyond the term of th~s Agreement F It w~ll promptly pay all b~lls when submitted unless there is a discrepancy in a bill, any errors or d~screpanc~es ~n bills shall be promptly reported to City's Community Serwces Dlws~on for further d~rect~on G It will appoint a representative who wall be avmlable to meet w~th City officials when requested H It wall lndemmfy and hold harmless City from any and all clmms and stats arising out of the act~wttes of Organlzatmn, ~ts employees, and/or contractors I It wall submit to C~ty copies of year-end audited financial statements 3 TIME OF PERFORMANCE The servmes funded by City shall be undertaken and completed by Organization wathln the followang t~me frame October 1, 2001 through September 30, 2002, unless the contract ~s sooner terminated under Section 7 "Suspenmon or Termination" 4 COMPLIANCE WITH FEDERAL~ STATE AND LOCAL LAWS A Organ~zatlon shall comply wath all apphcable federal laws, laws of the State of Texas and ordinances of the Ctty of Denton Page 2 of 17 A B C D A 5 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 ~nto th~s Agreement The person or persons s~gmng and executing th~s Agreement on behalf of Organization, do hereby warrant and guarantee that he, she, or they have been fully authorized by Organization to execute this Agreement on behalf of Organizatmn and to validly and legally bind Orgamzat~on to all terms, performances and provisions herein set forth City shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a d~spute as to the legal authority of either Organization or the person mgmng the Agreement to enter into this Agreement Organ~zatton ~s hable to C~ty for any money it has received from C~ty for performance of the provisions of this Agreement ~f C~ty has suspended or terminated th~s Agreement for the reasons enumerated in th~s Section Organlzat~on agrees that the funds and resources provided Organization under the terms of th~s Agreement will in no way be substituted for funds and resources from other sources, nor m any way serve to reduce the resources, servmes, or other benefits whmh would have been avmlable to, or provided through, Organization had th~s Agreement not been executed 6 COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unhqmdated, Organization shall not, without the prior written consent of the Community Development Adm~mstrator 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, hens, or other encumbrances to remmn on, or attached to, any assets of Organization whmh are allocated to the performance of th~s Agreement and w~th respect to which City has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or clmms 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, entity or corporataon as guarantor, surety, or accommodation endorser Page 3 of 17 B C A B C D (5) Sell, donate, loan or transfer any eqmpment or stem of personal property purchased w~th funds paid to Orgamzatlon by C~ty, unless City authorizes such transfer Should Organization use funds received under thls Agreement to acqmre or improve real property under Orgamzat~on's control, Organization agrees and covenants (1) That the property shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2006 (2) That should Organization transfer or otherwise dsspose of smd property on or before August 31, 2006, Organszat~on shall reimburse C~ty ~n the amount of the fmr market value of thss property less any pomon of the value attributable to expemhtures of non-CDBG funds for acqms~t~on of, or ~mprovement to, the property Organization agrees, upon written request by City, to reqmre its employees to attend trmnmg sessions sponsored by the Community Serwces D~wslon PAYMENTS PAYMENTS TO ORGANIZATION City shall pay to Organszat~on a maximum amount of money not to exceed Th~rty-esght Thousand Dollars ($38,000 00) for serwces rendered under th~s Agreement City will pay these funds on a reimbursement basss to Orgamzat~on w~th~n 20 days after C~ty has received suppomng documentation Orgamzat~on's failure to request reimbursement on a tsmely basis, may jeopardize present or future funding EXCESS PAYMENT Organszat~on shall refund to C~ty wlthsn ten worksng days of Csty's request, any sum of money which has been ptud by C~ty and whsch C~ty at any t~me thereafter detenmnes (1) has resulted in overpayment to Organization, or (2) has not been spent strictly ~n accordance w~th the terms of thss Agreement, or (3) ss not supported by adequate documentatson to fully justify the expenditure Organszat~on's reimbursement request for any one month period will not exceed one-fifth (1/5) of any budgeted hne items for costs as specffied ~n Exh~btt B DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expendstures devmte from Orgamzat~on's prows~on of a corresponding level of performance, as Page 4 of 17 E A B C D specified an Exhibit A, City hereby reserves the right to reapproprlate or recapture any such under expended funds If City finds that Organization is unwflhng and/or unable to comply 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 remmning unexpended funds which shall be refunded to City within ten working days of a written nottce to Organ~zatton to revert these financial assets The reversion of these financial assets shall be in addition to any other remedy avmlable 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 following the close of the contract period Organization shall utlhze the form agreed upon by City and Organization 8 MAINTENANCE OF RECORDS Organlzatton agrees to maintmn records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in comphance with the prov~slons of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management Organ~zatton's record system shall contain sufficient documentation to provide in detail full support 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 tins Agreement or any applicable law Organization shall include the substance of th~s provision in all subcontracts Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaimng to the operatton of programs and expenditures of funds under this Agreement for five years Nothing in the above subsections shall be construed to reheve Organization of responsibthty 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 authorized representatives, all of 1ts 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 requested by said representatives Page 5 of 17 REPORTS AND INFORMATION At such times and in such form as City may require, organization shall furnish such statements, records, data and information as City may request and deem pertinent to matters covered by rialS Agreement 0rganlzat~on shall submit quarterly beneficmry and financial reports to C~ty no less than once each three months The beneficiary report shall detail client ~nformaUon, including race, income, female head of household and other statistics reqmred by Cay The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified ~n Section 1 of thru Agreement Unless the City has granted a wrl~en exemption, Organization shall submit an audit conducted by independent examiners with ten days after receipt of such 10. EVALUATION Oegan~zat~on agrees to participate ~n an implementation and maintenance system whereby the services can be continuously momtored 0rganizaUon agrees to make available ~ts financial records for rewew by C~ty at C~ty's discretion In addition, Organization agrees to prowde City the following data and reports, or copies thereof A All external or internal audits 0rganizat~on shall submit a copy of the annual Independent audit to C~ty within ten days of receipt B All external or ~nternal evaluation reports C Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include such reformation as requested by the City's Community Services Division including but not limited to number of persons or households assisted, race, gender, d~sabdtty status and household income Beneficiary reports shall be due to City w~thln 15 working days after the completion of each quarter D Orgamzat~on 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 C~ty within 15 working days after the completion of each quarter E An explanation of any major changes in program services F To comply with th~s section, Orgamzatlon agrees to maintmn records that will provide accurate, current, separate, and complete disclosure of the status of funds received and Page 6 of 17 the services performed under flus Agreement Organization's record system shall contain sufficient docarnentatlon to provide m detail full support and justification for each expenditure Organization agrees to retmn all books, records, documents, reports, and written accounting procedures pertaimng to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City G Nothing in the above subsections shall be construed to relieve Organization of responsibility for retmmng accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement 11 DIRECTORS' MEETINGS Dunng 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 m a t~mely manner to give adequate not~ce, and shall include an agenda and a brief description of the matters to be discussed Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors M~nutes of all meetings of Organization's governing body shall be avmlable to C~ty within ten days after Board approval 12 SUSPENSION OR TERMINATION A The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, d~ssolutlon, or receivership, or the Organization's violation of any law or regulation to whmh it is bound under the terms of this Agreement B The C~ty may terminate flus Agreement for convenience at any time If the City terminates 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 serwces actually performed bears to the total services of Organization covered by the Agreement, less payments previously made In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of landing and specify a reasonable date for compliance In case of termlnat~on, Orgamzatlon will remit to City any unexpended City funds Acceptance of these funds shall not constitute a waiver of any clmm City may otherwise have arising out of this Agreement Page 7 of 17 13 PERSONNEL POLICIES Personnel poheles shall be established by Organization and shall be available for examination Such personnel policies shall A Be no more hberal than City's personnel policies, procedures, and practices, including pohcles wxth respect to employment, salary and wage rates, working hours and hohdays, fringe benefits, vacation and s~ck leave privileges, and travel, and B Be ~n writing and shall be approved by the governing body of Orgamzatlon and by City 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Organization will submit for Ctty approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within 120 days of the effective date of this Agreement B Orgamzatlon shall comply with all applicable equal employment opportumty and affirmative action laws or regulations C Orgamzation 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 compliance with local, State and Federal roles and regulations D In the event of Orgamzat~on's non-comphance with the non-dlscrnnmatlon requirements, the Agreement may be canceled, terminated, or suspended in whole or ~n part, and Organization may be barred from further contracts with City 15 WARRANTIES Orgamzatton represents and warrants that A All ~nformat~on, 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 report, and, since that date, have not undergone any significant change without written notice to C~ty B Any supporting financial statements heretofore requested by City and fumlshed to City, are complete, accurate and fmrly 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 s~nce said date, there has been no material change, adverse or otherwise, ~n the financial condition of Organization Page 8 of 17 C D E F A B C D No ht~gatlon or legal proceedings are presently pending or threatened agmnst Orgamzataon None of the provisions herein contravene or are in conflict with the authority under which Orgamzatlon is doing business or with the provisions of any existing indenture or agreement 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 condmons of this Agreement None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City Each of these representations and warrant~es 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 w~thln budget categories set forth in Exhibit B w~thout prior written approval of the Community Development Admlmstrator for the City Organization shall request, m writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obhgatlon of City under this Agreement In addition, budget revisions cannot slgmficantly change the nature, intent, or scope of the program funded under th~s Agreement Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contmned in any portion of Extublt 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 th~s Agreement Any such modifications are to be automatically incorporated into th~s Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation Page 9 of 17 E C~ty may, from time to t~me dunng the term of the Agreement, request changes in Exhibit A lwhmh may include an increase or decrease ~n the amount of Organization's compensation Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section F Any alterations, deletions, or addlt~ons to the Contract Budget Detail incorporated in Exlub~t B shall require the prior written approval of C~ty G Organization agrees to notify City of any proposed change ~n physical location for work performed under th~s Agreement at least 30 calendar days ~n advance of the change H O~ganizatlon shall not~fy Clty of any changes in personnel or governing board composition It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted 17 NOTIFICATION OF ACTION BROUGHT In the event that any elmm, demand, stat or other action is made or brought by any person(s), firm corporation or other entaty agmnst Organization, Orgamzation shall give written notme thereof to City within two working days after being notified of such claim, demand, stat or other action Such notice shall state the date and hour of notification of any such clmm, demand, stat or other action, the names and addresses of the person(s), firm, corporation or other entity making such elmm, or that instituted or threatened to institute any type of action or proceeding, the bas~s of such clmm, action or proceeding, and the name of any person(s) agmnst whom such claim is being made or threatened Such written nottce shall be dehvered either personally or by mml 18 INDEMNIFICATION A It is expressly understood and agreed by both parties hereto that City is contracting with Orgamzat~on as an independent contractor and that as such, Orgamzat~on shall save and hold City, ~ts officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, stats or damages of any character whatsoever resulting ~n whole or in part from the performance or omission of any employee, agent or representative of Orgamzation Orgamzatlon agrees to provide the defense for, and to ~ndemnify and hold harmless City ~ts agents, employees, or contractors from any and all claims, stats, causes of action, demands, damages, losses, attorney fees, expenses, and habdlty arising out of Page 10 of 17 the use of these contracted funds and program administration and implementation except to the extent caused by the wdlful act or omlssmn of Cnty, ~ts agents or employees. A B C D E F A 19. INSURANCE Orgamzatlon shall observe sound bus~ness practices with respect to provid~ng such bonding and insurance as would provide adequate coverage for services offered under th~s 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 habthty insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured Upon request of Orgamzatlon, C~ty may, at ~ts sole discretion, approve alternate insurance coverage arrangements Organization will comply with applicable workers' compensation statutes and will obtain employers' habthty coverage where available and other appropriate liability coverage for program participants, if applicable Organization will mmntmn adequate and continuous hablhty insurance on all vehicles owned, leased, or operated by Organization All employees of Orgamzat~on who are mqmred to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's hcense and automobile hablhty insurance Evidence of the employee's current possession of a valid license and insurance must be mmntmned 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 remmn the sole responslblhty of Organization The pohcy or policies of insurance shall contain a clause whmh requires that City and Organization be notified m writing of any cancellation or change m the pohcy at least thirty (30) days prior to such change or cancellation 2O CONFLICT OF INTEREST Organization covenants that neither it nor any member of its govermng body presently has any interest, d~mct or indirect, which would conflict in any manner or degree with the performance of serwces mqmred to be performed under this Agreement Organ~zatmn further covenants that ~n the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governmg body Page 11 of 17 B Orgamzatlon further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest m or use his/her posmon for a purpose that is or gives the appearance of being motivated by desire for private gmn for himself/herself, or others, particularly those with which he/she has family, business, or other ties C No officer, member, or employee of City and no member of its govermng body who exercises any ftmctlon or responsibtht~es in the rewew or approval of the undertaking or carrying out of this Agreement shall participate tn any demslon relating to the Agreement whmh affects his or her personal interest or the interest in any corporation, parmership, or association in which he or she has a d~rect or indirect interest 21. NEPOTISM Orgamzat~on shall not employ m any prod 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 Orgamza~ion's govermng board The term "member of immediate family" includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother and half-s~ster 22 NOTICE Any notice or other written instrument required or permitted to be dehvered under the terms of th~s Agreement shall be deemed to have been delivered, whether actually received or not, when deposited m the United States mai1, postage prepaid, registered or certified, retum receipt requested, addressed to Organization or City, as the case may be, at the following addresses CITY City of Denton, Texas Attn City Manager 215 E McKmney Denton, TX 76201 ORGANIZATION Fred Moore Day Nursery School ATTN Joyce Rogers, Director 821 Crosstimbers Denton, TX 76205 Either party may change its marling address by sending notice of change of address to the other at the above address by certified m~ul, return receipt requested Page 12 of 17 23 MISCELLANEOUS A Orgamzat~on shall not transfer, pledge or otherwise assign th~s Agreement or any ~nterest there~n, or any clmm arising thereunder to any party or parties, bank, trust company or other financml ~nst~tut~on w~thout the prior written approval of C~ty B If any pmws~on of th~s Agreement is held to be mvahd, illegal, or unenforceable, the remmmng provisions shall remmn in full force and effect and continue to conform to the original intent of both part,es hereto C In no event shall any payment to Orgamzat~on hereunder, or any other act or fadure of C~ty to lnsast an any one or more tnstances upon the terms and con&tlons of th~s Agreement constitute or be construed ~n any way to be a wmver by C~ty of any breach of covenant or default whmh may then or subsequently be committed by Organ~zatmn Neither shall such payment, act, or omission m any manner ~mpmr or prejudme any right, power, pnwlege, or remedy avmlable to C~ty to enforce ~ts rights hereunder, which rights, powers, privileges, or remedies are always spemfically preserved No representatave or agent of C~ty may waive the effect ofth~s prows~on D Th~s Agreement, together w~th referenced exhibits and attachments, constitutes the entire agreement between the part, es hereto, and any prior agreement, assertion, statement, understanding, or other comrmtment occurring dunng the term of th~s Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and ff appropriate, recorded as an amendment of th~s Agreement E In the event any &sagreement or &spute should ar~se between the part,es hereto pertmnmg to the interpretation or meaning of any part of th~s Agreement or ~ts governmg rules, codes, laws, ordinances, or regulations, C~ty as the party ultimately responsible to HUD for matters of comphance, will have the final authority to render or to secure an interpretation F Th~s Agreement shall be ~nterpreted ~n accordance w~th the laws of the State of Texas and venue of any ht~gat~on concerning th~s Agreement shall be ~n a court of competent ]uns&ct~on s~ttmg ~n Denton County, Texas IN WITNESS WHEREOF, the p ~art~es ~do hereby affix their s~gnatures and enter ~nto th~s Agreement as of the /~{~ day of (_~fg~ ~/Tq_~/~ , 2001 CITY OF DENTON, TEXAS Page 13 of 17 ATTEST JENNIFER WALTERS CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY A~ ATTEST FRED MOORE DAY NURSERY SCHOOL BY ~ ..~/~J-~' , ~ ~'~ DIREC~-~Rd-J BY BOARD Page 14 of 17 City of Denton - Community Services Division Qualifying Income Limits for Federally Assisted Programs FY 2001/2002 Maximum Income Levels Family Moderate Income Low Income Very-Low Income Extremely. Low Income Size 80% AMI - <65% AMI 65% AMI - <50% AMI 50% AMI - <30% AMI ~30% AMI 1 $36,050 - 29,316 $29,315 - $22,551 $22,550 - $13,531 $13,530 or Below 2 $41,200 - $33,476 $33,475 - $25,751 $25,750 - $15,451 $15,450 or Below 3 $46,350 - $37,701 $37,700 - $29,001 $29,000 - $17,401 $17,400 or Below 4 $51,500 - $41,861 $41,860 - $32,201 $32,200 - $19,321 $19,320 or Below 5 $55,650 - $45,241 $45,240- $34,801 $34,800 - $20,881 $20,880 or Below 6 $59,750 - $48,556 $48,555 - $37,351 $37,350- $22,411 $22,410 or Below 7 $63,900 - $51,936 $51,935 - $39,951 $39,950- $23,971 $23,970 or Below 8 $68,000- $55,251 $55,250 - $42,501 $42,500 - $25,551 $25,550 or Below Source: U S Department of Housing and Urban Development Effective: October 2001 Page 15 of 17 EXHIBIT "A" WORK STATEMENT FRED MOORE DAY NURSERY SCHOOL · Provide chlldcare on a sliding scale to low and moderate-Income residents of Denton based on income and family size Children six weeks through five years of age will be ehglble for the program Parents must be working and/or attending school full-time, or a combination of going to school and working full-time to be ehglble to enroll their child Parents will be required to volunteer at the chlldcare Provide a safe, healthy environment that will meet the development needs of the child Activities will be designed for each age group to meet the individual and group needs The curriculum will include education emphasizing effective earmng skills, creative arts, motor skills, physical development, speech development, personal hygiene and manners Provide breakfast, lunch, and an afternoon snack for each child All meals will meet the USDA and Texas Department of Human Serwces Specml Nutrition food requirements for children in chfldcare · Must be licensed by the Texas Department of Protective and Regulatory Services · Must meet or exceed the Texas Department of Human Services minimum standards for Day Care Centers · Must be a North Central Texas Chfldcare Services designated vendor · Provide operation hours from 7 00 a m to 6 00 p m Monday through Friday OUTCOME MEASURES Organization will conduct pre and post assessments to determine kindergarten readiness on each child entenng the 4-5 year old classroom Pre assessments will take place in September or when the child begins the school Post assessments will take place in the spring 75% of children will be able to master 90% of the pre-kandergarten goals on the post assessment test Page 16 of 17 EXHIBIT "B" BUDGET FRED MOORE DAY NURSERY SCHOOL City of Denton Funding $38,000 00 C~ty of Denton funding will be used to pay teachers' salaries C~ty of Denton funding will only be used to pay for the salary of d~reet care staff Page 17of17