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