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2001-353AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2705 - CI411 ,DCARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO DENTON CITY COUNTY DAY SCHOOL, IN THE AMOUNT OF $35,000) WHEREAS, the C~ty has sohmted, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supphes or services in accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible b~ds for the materials, eqmpment, supplies or serwces as shown in the "Bid Proposals" subnutted therefore, and WHEREAS, the C~ty Council has provided ~n the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herren, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the following competitive b~ds for materials, equipment, supphes, or serwces, described ~n the "Bid Proposals" on file ~n the office of City's Purchasing Agent fried according to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds for such items BID ITEM NUMBER NO CONTRACTOR AMOUNT 2705 ALL DENTON CITY COUNTY DAY SCHOOL $35,000 SECTION 2 That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons subrmtt~ng the b~ds for such ~tems and agrees to purchase the materials, eqmpment, supphes or services in accordance wah the terms, specifications, standards, quantities and for the specified sums contained in the B~d Invitations, Bid Proposals, and related documents SECTION 3 That the City and persons submitting approved and accepted items and of the submitted bids w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the C~ty 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, quant~ties and specxfied sums contmned ~n the B~d 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 m the amount and m 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 th~s the /(~t~c dayof (~/0~ff.~, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2705 CItlLD CAROM/FOR LOW-INCOME FAMIL1ES CONTRACT ORDINANCE 2001-2002 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CITY COUNTY DAY SCHOOL BID # 2705 This Agreement is hereby entered lmo by and between the City of Denton, Texas, a Home Rule Mumcipal Corporation, hereinafter referred to as "City", and Denton City County Day School, 1603 Pmsley, Denton, TX 76209, hereinafter referred to as "Organization", WHEREAS, City's Human Serwces Advisory Committee ("HSAC") has rewewed the proposal for services and has determined that Organ~zatton performs an ~mportant service for the residents of Denton without regard to race, rehglon, color, age or national ong~n, and HSAC recommends the purchase of services, and WHEREAS, City has determined that the proposal for serwces merits assistance and can prowde needed services to citizens of City and has provided funds in ~ts budget for the purpose of paying for contractual services, NOW, THEREFORE, the parties hereto mutually agree as follows SCOPE OF SERVICES Organization shall ~n a satisfactory and proper manner perform the following tasks, for which the momes provided by City may be used A To provide low cost day care for children ages 2 years to 5 years of age from low- income 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 C To provide two nutritional meals, breakfast and lunch, for the chddren it serves Provide one English as a Second Language (ESL) classroom to children from households that speak Spanish as their primary language Organization shall perform those serwces described ~n the Work Statement herein attached as Exhibit A 2 OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions Page 1 of 17 A B C D E F G H Thirty-five thousand dollars ($35,000 00) may be prod to Organization by City, and the only expenthmres reimbursed from these funds, shall be those ~n accordance w~th the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed m the scope of services as prowded herein Organization shall not ut~hze these funds for any other purpose It will estabhsh, operate, and malntmn an account system for this program that wall allow for a tracing of funds and a review of the financml status of the program It will permit authorized officmls of C~ty to rewew its books at any time It will reduce to writing all of ~ts rules, regulations, and pollmes and file a copy with City's Community Services Office along with any amendments, additions, or revls~ons whenever adopted It will not enter into any contracts that would encumber C~ty funds for a period that would extend beyond the term of this Agreement It will promptly pay all b~lls when submitted unless there is a discrepancy ~n a bill, any errors or discrepancies in bills shall be promptly reported to City's Community Services Division for further threctmn It will appoint a representative who will be avatlable to meet with City officials when requested It will lndemmfy and hold harmless C~ty from any and all claims and suits arising out of the act~wties of Orgamzat~on, its employees, and/or contractors I It will submit to City cop~es of year-end audited financml statements 3 TIME OF PERFORMANCE The services funded by C~ty shall be undertaken and completed by Orgamzatlon within the following time frame October 1, 2001 through September 30, 2002, unless the contract ~s sooner terminated under Section 7 Suspension or Termination 4 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A Organization shall comply w~th all applicable federal laws, laws of the State of Texas and orthnances of the C~ty of Deaton Page 2 of 17 A B C D A ** REPRESENTATIONS Orgamzatlon 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 Organization 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 terminate this Agreement if there is a d~spute as to the legal authority of e~ther Organization or the person slgmng the Agreement to enter into this Agreement Organization is hable to City for any money it has received from City for performance of the provisions of this Agreement if City has suspended or terminated this Agreement for the reasons enumerated in this Section Orgamzatlon agrees that the funds and resources provided Organization under the terms of' this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits winch would have been avmlable to, or provided through, Organization had tlus Agreement not been executed 6 COVENANTS During the period of time that payment may be made hereunder and so long as any payments remmn unhqmdated, Organization shall not, without the prior written consent of the Commtm~ty 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 remmn 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 substantml part of its assets (4) Make any advance or loan to, or incur any hablhty for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser Page 3 of 17 B C A B C D (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to Organization by City, unless City authorizes such transfer Should Organization use funds received under this Agreement to acquire or improve real property under Orgamzatlon's control, Organization agrees and covenants (1) That the property shall be used to meet one of the national oblectlves stated in 24 CFR 570 until August 31, 2006 (2) That should Organization transfer or otherwise dispose of said property on or before August 31, 2006, Organization shall reimburse City in the mount of the fmr market value of this property less any portion of the value attributable to expenditures of non-CDBG funds for acqmsltlon of, or improvement to, the property Orgamzatlon agrees, upon written request by City, to require its employees to attend training sessions sponsored by the Community Services Division 7 PAYMENTS PAYMENTS TO ORGANIZATION City shall pay to Orgamzatlon a maximum amount of money not to exceed Thirty-five Thousand Dollars ($35,000 00) for services rendered under thru Agreement City wall pay these funds on a reimbursement basis to Organlzataon wathm 20 days after City has received supporting documentation Orgamzatlon's fmlure to request reimbursement on a timely basis, may jeopardize present or future funding EXCESS PAYMENT Orgamzatlon shall refund to Clty within ten working days of City's request, any sum of money which has been prod by City and which City at any time thereafter determines (1) has resulted in overpayment to Orgamzatlon, 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 specffied in Exhibit B DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expenditures deviate from Orgamzatlon's provision of a corresponding level of performance, as Page 4 of 17 E A B C D specified in Exhibit A, City hereby reserves the right to reapproprlate or recapture any such under expended funds If City finds that Organization is unwilling and/or unable to comply voth 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 remmnmg unexpended funds which shall be refunded to City within ten working days of a written notice to Organization 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 Orgamzatlon shall submit the contract close out package to City, together wath a final expenditure report, for the time period covered by the last invoice requesttng reimbursement of funds under this Agreement, within 15 working days following the close of the contract period Organization shall utilize the form agreed upon by City and Organization 8 MAINTENANCE OF RECORDS Organization agrees to malntmn records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhlblt B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management Organization's record system shall contmn 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 accountabihty and habihty under any other provision of this Agreement or any apphcable law Organization shall include the substance of this provision in all subcontracts Organization agrees to retmn all books, records, documents, reports, and written accounting 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 responsibility for retaining accurate and current records, whmh clearly reflect the level and benefit of services, provided under tins Agreement At any reasonable time and as often as City may deem necessary, the Organization shall make avmlable to City, HUD, or any of their authorized 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 requested by smd representatives Page 5 of 17 9 REPORTS AND INFORMATION At such times and in such form as City may require, organization shall furnish such statements, records, data and reformation as City may request and deem pertinent to matters covered by this Agreement Orgamzatlon shall submit quarterly beneficiary and financial reports to C~ty no less than once each three months The beneficiary report shall detml client information, including race, income, female head of household and other statistics required by C~ty The financial report shall ~nclude information and data relative to all programmatic and financml reporting as of the beglnmng date specified in Section 1 oftlus Agreement Unless the City has granted a written exemptmn, Organization shall submit an audit conducted by independent examiners with ten days after receipt of such 10 EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the servmes can be continuously monitored Orgamzatlon agrees to make available its financial records for review by City at City's discretion In addition, Organization agrees to provide C~ty the following data and reports, or copies thereof A All external or internal audits Organization shall submit a copy of the annual independent audat to City wathln ten days of receipt B All external or internal 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, disability status and household income Beneficiary reports shall be due to City within 15 working days after the completion of each quarter D 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 beglnmng and ending balances Financial reports shall be due to C~ty w~thm 15 working days after the completion of each quarter E An explanation of any major changes in program servmes F To comply with this section, Organization agrees to mmntaln records that will provide accurate, current, separate, and complete &sclosure of the status of funds received and Page 6 of 17 the services performed under this Agreement Organization's record system shall contain sufficient documentation to prowde in detml full support and justification for each expenditure Orgamzat~on agrees to retmn all books, records, documents, reports, and written accounting procedures pertmmng to the services provided and expen&ture of funds under th~s Agreement for the period of time and under the conditions specified by the City G Nothing in the above subsections shall be construed to reheve Organization of responsibility for retaunng accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement 11 DIRECTORS' MEETINGS During the term of tfus Agreement, Orgamzat~on shall deliver to City copies of all notices of meetings of its Board of D~rectors, setting forth the time and place thereof Such notice shall be delivered to City in a timely manner to give adequate notice, and shall ~nclude 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 Minutes of all meeUngs of Organlzat~on's governing body shall be available to City within teen days after Board approval 12 SUSPENSION OR TERMINATION A The C~ty may terminate th~s Agreement with cause if the Organization wolates any covenants, agreements, or guarantees of this Agreement, the Organizanon's insolvency or filing of bankruptcy, dissolution, or recmvershlp, or the Organization's violation of any law or regulation to which at is bound under the terms of this Agreement B The City may terminate this Agreement for convenience at any time If the City terminates this Agreement for convenience, Orgamzat~on will be ptud an amount not to exceed the total amount of accrued expen&tures as of the effecnve 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 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 funding and specify a reasonable date for compliance In case of termlnataon, Organization will remit to City any unexpended C~ty funds Acceptance of these funds shall not constitute a wmver of any claim City may otherwise have arising out of this Agreement Page 7 of 17 13. PERSONNEL POLICIES Personnel pollmes shall be established by Orgamzatlon and shall be avmlable for examination Such personnel pohmes shall A Be no more liberal than C~ty's personnel pohmes, procedures, and practices, including pohmes with respect to employment, salary and wage rates, worlang hours and hohdays, fnnge benefits, vacation and sick leave prlwleges, and travel, and B Be in writing and shall be approved by the govemlng body of Organization and by C~ty 14 EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Orgamzatlon will submit for C~ty approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal prows~ons, w~tlun 120 days of the effective date of tMs Agreement B Organization shall comply with all apphcable equal employment opportumty and affirmative action laws or regulations C Orgamzatton will furnish all lnformatton and reports requested by C~ty, and will permit access to ars books, records, and accounts for purposes of ~nvestlgat~on to ascertain comphance w~th local, State and Federal rules and regulauons D In the event of Orgamzat~on's non-comphance w~th the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended ~n whole or ~n part, and Orgamzat~on may be barred from further contracts w~th C~ty 15. WARRANTIES Organization represents and warrants that A All ~nformatlon, reports and data heretofore or hereafter requested by City and furmshed to City, are complete and accurate as of the date shown on the ~nformat~on, data, or report, and, since that date, have not undergone any s~gnlficant change without written notice to City B Any supporting finanmal statements heretofore requested by C~ty and furnished to City, are complete, accurate and fmrly reflect the finanmal conditions of Orgamzatton on the date shown on stud report, and the results of the operation for the period covered by the report, and that s~nce smd date, there has been no material change, adverse or otherwise, an the finanmal condltmn of Organization Page 8 of 17 C D E F A B C D No htlga~aon or legal proceedings are presently pending or threatened against Orgamzatlon None of the provisions herein contravene or are ~n conflict w~th the authority under which Organization is doing business or w~th the prowslons of any existing indenture or agreement of Organization Orgamzatlon has the power to enter mto th~s Agreement and accept payments hereunder, and has taken all necessary actaon to authorize such acceptance under the terms and conditions of this Agreement None of the assets of Orgamzatlon are subject to any lien or encumbrance of any character, except for current taxes not dehnquent, except as shown m the financml statements furnished by Orgamzatlon to City Each of these representations and warranties shall be contlnmng and shall be deemed to have been repeated by the submission of each request for payment 16 CHANGES AND AMENDMENTS Any alterations, addmons, or deletions to the terms of th~s Agreement shall be by written amendment executed by both part,es, except when the terms of th~s Agreement expressly prowde that another method shall be used Organization may not make transfers between or among approved hne ~tems w~th~n budget categories set forth m Exhibit B w~thout prior written approval of the Community Development Administrator for the C~ty Organization shall request, ~n writing, the budget revision ~n a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement In ad&tlon, budget revisions cannot slgmficantly change the nature, intent, or scope of the program funded under this Agreement Orgamzatlon will submit revised budget and program information, whenever the level of fundmg for Organization or the program(s) described here~n ~s altered according to the total levels contained ~n 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 th~s 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 Page 9 of 17 E F C~ty 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 compensation Such changes shall be incorporated m a wr~ttan amendment hereto, as provided ~n Subsection A of th~s Seetmn Any alterations, deletions, or additions to the Contract Budget Detail incorporated ~n Exhibit B shall require the prior written approval of C~ty G H Organization agrees to notify Cxty of any proposed change ~n physical location for work performed under th~s Agreement at least 30 calendar days ~n advance of the change Organization shall notify C~ty of any changes ~n personnel or govermng 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 clmm, demand, stat or other actxon ~s made or brought by any person(s), firm corporation or other entity agmnst Organization, Organlzat~on shall g~ve written not~ce thereof to C~ty within two working days after being notffied of such clmm, 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 clmm, or that instituted or threatened to ~nstltute any type of action or proceeding, the basis of such clmm, action or proceeding, and the name of any person(s) agmnst whom such clmm ~s being made or threatened Such written notice shall be dehvered e~ther personally or by mall 18 INDEMNIFICATION B It is expressly understood and agreed by both parties hereto that C~ty is contracting with Orgamzation as an independent contractor and that as such, Organization shall save and hold C~ty, its officers, agents and employees harmless from all habthty of any nature or kind, ineludmg costs and expenses for, or on account of, any claims, audit exceptions, demands, stats or damages of any character whatsoever resulting in whole or in part from the performance or omissaon of any employee, agent or representative of Orgamzation. Orgamzation agrees to prowde the defense for, and to indemnify and hold harmless City its 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 admlmstratlon and implementation except to the extent caused by the willful act or omission of City, its agents or employees A B C D E F A 19 INSURANCE Orgamzat~on shall observe sound business practices w~th respect to providing such bonding and insurance as would prowde adequate coverage for services offered under th~s Agreement The premises on and m which the act~wtles described ~n Exhibit A are conducted, the employees conducting these act~wtles, shall be covered by premise habdlty insurance, commonly referred to as "Owner/Tenant" coverage w~th City named as an additional ~nsured Upon request of Organization, City may, at ~ts sole discretion, approve alternate ~nsurance coverage arrangements Organization will comply w~th apphcable workers' compensation statutes and w~ll obtmn employers' hab~hty coverage where available and other appropriate hablhty coverage for program partlmpants, ff apphcable Organ~zataon will malntmn adequate and continuous hab~hty insurance on all vehicles owned, leased, or operated by Orgamzatlon All employees of Organization who are reqmred to drive a vehicle m the normal scope and course of their employment must possess a valid Texas Dr~ver's hcense and automobile hab~hty ~nsurance Ewdence of the employee's current possession of a valid hcense and ~nsurance must be mmntmned on a current basis in Orgamzatlon's files Actual losses are not covered by insurance as required by this Section are not allowable costs under th~s Agreement, and remain the sole respons~bthty of Orgamzat~on The pohcy or pohmes of insurance shall contain a clause which requires that C~ty and Organization be notified in writing of any cancellation or change ~n the pohcy at least thirty (30) days prior to such change or cancellation 20 CONFLICT OF INTEREST Organ~zatlon covenants that neither it nor any member of its governing body presently has any ~nterest, d~rect or ~ndlrect, which would conflict ~n any manner or degree w~th the performance of services reqmred to be performed under this Agreement Organization further covenants that m the performance of th~s Agreement, no person having such interest shall be employed or appointed as a member of its governing body Page 11 of 17 B Orgamzat~on further covenants that no member of 1ts governing body or ~ts staff, subcontractors or employees shall possess any interest ~n or use his/her pos~t~on for a purpose that ~s or gives the appearance of being motivated by desire for private gmn for h~mself/herself, or others, particularly those with whmh he/she has family, bus~ness, or other ties C No officer, member, or employee of C~ty and no member of ~ts governing body who exem~ses any functaon or responslb~htles ~n the review or approval of the undertaking or carrying out of this Agreement shall partm~pate ~n any dec~slon relating to the Agreement which affects his or her personal ~nterest or the mterest ~n any corporation, partnership, or assomatlon ~n which he or she has a d~rect or ~nd~rect ~nterest 21 NEPOTISM Organization shall not employ ~n any prod capamty any person who ~s a member of the ~mmed~ate family of any person who ~s currently employed by Organ~zatmn, or ~s a member of Organization's govermng board The term "member of ~mmedlate family" ~ncludes wife, husband, son, daughter, mother, father, brother, sister, ~n-laws, aunt, uncle, nephew, mece, stepparent, stepchild, half-brother and half-s~ster 22 NOTICE Any notice or other written instrument reqmmd or permitted to be dehvered under the terms of this Agreement shall be deemed to have been dehvered, whether actually received or not, when deposited m the United States mml, postage prepmd, registered or certffied, return receipt requested, addressed to Organization or C~ty, as the case may be, at the following addresses CITY C~ty of Denton, Texas Atto City Manager 215 E MeKanney Denton, TX 76201 ORGANIZATION Denton C~ty-County Day School ATTN Carolyn Berry, Exec D~rector 1603 Pmsley Drive Denton, TX 76209 Either party may change its mmhng address by sending notme of change of address to the other at the above address by certffied mad, return receipt requested 23 MISCELLANEOUS Page 12 of 17 A B C D Orgamzatlon shall not transfer, pledge or otherwise assign thxs Agreement or any interest therein, or any elmm arising thereunder to any party or pames, bank, trust company or other financial mstItuuon without the prior written approval of City If any provision of th~s Agreement is held to be invahd, illegal, or unenforceable, the rematmng provisions shall remmn m 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 fmlure of City to insist in any one or more instances upon the terms and conditions of th~s 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 Organization Neither shall such payment, act, or omission in any manner lmpmr or prejudme any right, power, privilege, or remedy avmlable to C~ty to enforce ~ts rights hereunder, wluch rights, powers, pnwleges, or remedies are always specifically preserved No representative or agent of City may wmve the effect of this provlsmn Th~s Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the part,es hereto, and any prior agreement, assertion, statement, understanchng, or other commxtment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and ~f appropriate, recorded as an amendment of th~s Agreement E In the event any disagreement or &spute should arise between the parties hereto pertmnlng to the lnterpretaUon or meaning of any part of th~s Agreement or its govermng 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 lnterpretat~on F This Agreement shall be ~nterpreted in accordance with the laws of the State of Texas and venue of any htlgatlun coneerulng this Agreement shall be In a court of competent jurisdiction s~ttmg m Denton County, Texas IN WITNESS ,WI.I~E~EOF, the pat~t~les ~1o her~eby affix their signatures and enter into this Agreement as of the //t~t~ day of ()~?~/~_~2~.J/- , 2001 CITY OF DENTON, TEXAS CITY MANAGER Page 13 of 17 ATTEST JENNIFER WALTERS CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ATTEST DENTON CITY-COUNTY DAY SCHOOL ~XECUTIV~CTOR ~ B OA_,4;ff) SEQ~ETARY 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 Be[ow 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 DENTON CITY COUNTY DAY SCHOOL EXHIBIT "A" WORK STATEMENT Provide chfldcare on a sliding scale to low and moderate-income residents of Denton based on income and family s~ze Children two years through five years of age will be ehglble for the program Parents must be working and/or attandlng school full-time, or a combination of going to school and working full-time to be eligible to enroll their child Parents v~ll be required to volunteer at the chfldcare 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 cumculum will include education emphasizing effective earning skills, creative arts, motor skills, physical development, speech development, music, personal hygiene and manners Provide breakfast, lunch, and an afiemoon snack for each child All meals will meet the USDA and Texas Department of Human Services Special 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 Child Care Services designated vendor Provide operation hours from 6 30 a m to 5 30 p m Monday through Friday · Provide one English as a Second Language (ESL) classroom to children from households that speak Spanish as their primary language OUTCOME MEASURES Organization will conduct pre and post assessments to determine kindergarten readiness on each child entering 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- kindergarten goals on the post assessment test Page 16 of 17 EXHIBIT "B" BUDGET DENTON CITY COUNTY DAY SCHOOL City of Denton Funding $35,000 00 C~ty of Denton funding will be used to pay teachers' salaries C~ty of Denton funding wall only be used to pay for the salary of d~rect care staff Page 17 of 17