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2001-359ORDINANCE NO AN ORDI'qANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR Clqrl .DC,~ .RE EXPANSION PROGRAM FOR LOW INCOME CHILDREN, PROVIDING FOR THE EXF ENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BI D 2711 - CHILDCARE EXPANSION PROGRAM FOR LOW INCOME CHII.DREN, AWARD/',D TO DENTON CHRISTIAN PRESCHOOL, IN THE AMOUNT OF $30,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed accorchng to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds for such items BID ITEM NUMBER NO CONTRACTOR AMOUNT 2711 All Denton Christian Preschool $30,000 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, specifications, standards, quantities and for the specified sums contmned in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That the C~ty and persons submitting approved and accepted items and of the submitted b~ds wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained m the Bid Proposal and related documents herein approved and accepted SI~CTION 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 in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That this orchnance shall become effective immediately upon its passage and approval PASSED ^NO APPROVED this the /~ day of (-- --}?e~kr, 20o~ EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM 2711 CONGREGAT A~.~OME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS CONTRACT ORDINANCE 2001-2002 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CHRISTIAN PRESCHOOL BID #2711 This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Mumcipal Corporation, hereinafter referred to as "City", and Denton Christian Pre- school, 1114 West University Drive, Denton, TX 76201, a non-profit corporation, hereinafter referred to as "Organization", WHEREAS, City's Human Services Adwsory Committee ("HSAC") has reviewed the proposal for services and has determined that Orgamzation performs an important service for the residents of Denton vathout regard to race, religion, color, age or national origin, and HSAC rec- ommends the purchase of services, and WHEREAS, City has determined that the proposal for services merits assistance and can prowde needed serwces to mtizens of City and has provided funds In its budget for the purpose of paying for contractual sermces, NOW, THEREFORE, the part~es hereto mutually agree as follows 1 SCOPE OF SERVICES Orgamzat~on shall ~n a satisfactory and proper manner perform the following tasks, for which the monies provided by C~ty may be used A Prowde low cost day care for at least eleven chddren between the ages of 3 and 4 years old from lowqncome households who would not have been served by the organization wathout CITY funds B Provide day care between 8 30 a m and 11 30 a m Monday through Friday and provide one full meal and snack to the children dmly C Organization shall perform those services described in the Work Statement herein at- tached as Exlubit A 2 OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from C~ty, Organization agrees to the following terms and conditions A Thirty Thousand Dollars ($30,000 00) may be paid to Orgamzatlon by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project Page 1 of 17 B C D E F budget, attached hereto as Exhibit B and incorporated herein by reference, for those ex- penses listed in the scope of services as provided herein Orgamzatlon shall not utilize these funds for any other purpose It will establish, operate, and maintain an account system for this program that wall allow for a tracing of funds and a review of the financial status of the program G 11 It will permit authorized officials of City to review its books at any rune It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Services Office along with any amendments, additions, or revisions whenever adopted It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement It will promptly pay all bills 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 direction It will appoint a representative who will be available to meet with City officials when re- quested It will indemnify and hold harmless City from any and all claims and suits arising out ot the activities of Organization, its employees, and/or contractors It will submit to City copies of year-end audited financial statements 3 TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame October 1, 2001 through September 30, 2002, unless the contract is sooner terminated under Section 7 "Suspension or Termination" A 4 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS OrgamzaUon shall comply with all apphcable tederal laws, laws of the State ot Texas and ordinances of the City of Denton Page 2 of 17 A B C D A ., REPRESENTATIONS Organization assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and offimal motion, resoluUon or acUon passed or taken, to enter into this Agreement The person or persons sigmng and executing th~s Agreement on behalf of Organization, do hereby warrant and guarantee that he, she, or they have been fully authorized by Or- gamzatlon to execute this Agreement on behalf of Organlzauon and to validly and legally bind Organization to all terms, performances and prowsmns here~n set forth City shall have the right, at ~ts option, to either temporarily suspend or permanently ter- minate this Agreement ~f there is a d~spute as to the legal authority of e~ther Organization or the person signing the Agreement to enter ~nto this Agreement OrgamzaUon is hable to C~ty for any money ~t has received from City for performance of the provlsmns of th~s Agreement if City has suspended or terminated th~s Agreement for the reasons enumer- ated ~n thts SecUon Organization agrees that the funds and resources provided Organization under the terms of this Agreement will ~n no way be subsUtuted for funds and resources from other sources, nor in any way serve to reduce the resources, servmes, or other benefits which would have been avmlable to, or prowded through, OrganlzaUon had this Agreement not been executed COVENANTS During the period of t~me that payment may be made hereunder and so long as any pay- ments remain unbqmdated, Orgamzat~on shall not, w~thout the prior written consent of the Community Development Admlmstrator or her authorized representative Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of Orgamzatlon now owned or hereafter acquired by ~t, 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 th~s Agreement and with respect to which City has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise dtspose of accounts receivables, notes or clmms for money due or to become due (3) (4) Sell, convey, or lease all or substantial part of ~ts assets Make any advance or loan to, or incur any bablhty for any other firm, person, en t~ty 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 eqmpment or ~tem of personal property pur- chased with funds paid to Organazat~on by City, unless City authorazes such trans- fer Should Organazat~on use funds receaved under this Agreement to acquare or ~mprove real property under Organ~Zatlon'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 Organazataon transfer or otherwase dispose of smd property on or be- fore August 31, 2006, Orgamzatlon shall reimburse City in the amount of the fmr market value of this property less any pomon of the value attributable to expen&- tures of non-CDBG funds for acqmsltlon of, or ~mprovement to, the property Organization agrees, upon written request by C~ty, to reqmre ~ts employees to attend training sessions sponsored by the Community Services D~vlslon PAYMENTS PAYMENTS TO ORGANIZATION City shall pay to Organization a maxlmmn amount of money not to exceed Thirty Thousand Dollars ($30,000 00) for services rendered under flus Agreement C~ty will pay these funds on a reimbursement basis to Orgamzatlon within 20 days after City has received suppomng documentation Organization's fmlure to request reimbursement on a timely basis, may jeopardize present or future funding EXCESS PAYMENT Orgun~zatlon shall refund to C~ty within ten working days of C~ty's request, any stun of money which has been prod by C~ty and which City at any tame thereafter determines (1) has resulted in overpayment to Organization, or (2) has not been spent strictly ~n accordance w~th the terms of th~s Agreement, or (3) ~s 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 ~tems for costs as specified ~n Exhibit B DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as spec~- fled in Exhibit A, City hereby reserves the right to reapproprlate or recapture any such under expended funds If City finds that Organization is unwllhng and/or unable to eom- Page 4 of 17 E A B C D ply with any of the terms of this Contract, City may require a refund of any and all money expended pursuant to tins Contract by Organlzanon, as well as any remmmng un- expended funds winch shall be refunded to City within ten working days of a written no- tice to Organization to revert these financial assets The reversion of these financial as- sets shall be in addition to any other remedy available to City either at law or in eqmty for breach of tins Contract CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to Ctty, 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 utilize the form agreed upon by City and Organization 8 MAINTENANCE OF RECORDS Organization agrees to mmntmn records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in oomph- anee with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management Organiza- tion's record system shall contmn sufficient documentation to provide in detail full sup- port and justification for each expenditure Nothing in this Section shall be construed to relieve Organization of fiscal accountability and hablhty under any other provision of this Agreement or any applicable law Organization shall include the substance of tins provi- sion in all subcontracts Organization agrees to retmn all books, records, documents, reports, and written account- ing procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years Nothing in the above subsections shall be construed to relieve Organization of responsi- blhty 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 its records and shall permit City, HUD, or any of their authorized representatives to audit, examine, make excerpts and cop~es of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data re- quested by said representatives 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 C~ty may request and deem pertinent to matters cov- ered by this Agreement Organization shall submit quarterly beneficiary and financml reports to City no less than once each three months The beneficiary report shall detml client ~nformatlon, including race, income, female head of household and other statistics required by C~ty The finanmal report shall include mformat~on and data relative to all programmatic and financial reporting as of the begin- rang date specified in Section 1 of this Agreement Unless the City has granted a written exemption, Organization shall submit an audit con- ducted by independent examiners with ten days after receipt of such 10. EVALUATION Organization agrees to part~mpate ~n an ~mplementat~on and maintenance system whereby the servmes can be continuously momtored Organization agrees to make available its financml records for review by City at Cxty's d~scret~on In addition, Organization agrees to prowde City the following data and reports, or cop~es thereof A All external or ~nternal audits Orgamzatxon shall submit a copy of the annual independ- ent audit to C~ty within ten days of receipt B All external or ~nternal evaluation reports C Quarterly performance/beneficmry reports to be submitted ~n January, April, July and September, to include such information as requested by the C~ty' Commumty Servmes D~ws~on mclud~ng but not hm~ted to number of persons or households assisted, race, gender, d~sabfl~ty status and household income Beneficiary reports shall be due to C~ty w~th~n 15 working days after the completion of each quarter D Organlzat~on agrees to submit quarterly financial statements ~n January, April, July, and September Each statement shall mclude current and year-to-date period accounting of all revenues, expenditures, outstandmg obhgat~ons and beg~nmng and ending balances F~nanmal reports shall be due to C~ty w~thln 15 working days after the completion of each quarter E F An explanation of any major changes ~n program services To comply w~th this section, Organization agrees to mamtmn records that will provide accurate, current, separate, and complete d~selosure of the status of funds received and Page 6 of 17 the services performed under th~s Agreement Orgamzat~on's record system shall contain sufficient documentation to provide an detml full support and justification for each ex- penditure Orgamzat~on agrees to retmn all books, records, documents, reports, and writ- ten accounting procedures pertaining to the serwces provided and expenditure of funds under this Agreement for the period of tame and under the conditions specified by the C~ty G Nothing an the above subsections shall be construed to relieve Organization of responsl- bthty for retmmng accurate and current records, whmh clearly reflect the level and benefit of, servmes, provided under th~s Agreement 11 DIRECTOR'S MEETINGS During the term of th~s Agreement, Orgamzat~on shall deliver to C~ty cop~es of all notices of meetings of its Board of D~mctors, setting forth the time and place thereof Such notice shall be delivered to City m a timely manner to gave adequate notice, and shall include an agenda and a brief descnptxon of the matters to be discussed Orgamzat~on understands and agrees that City's representatives shall be afforded access to all meetings of its Board of D~rectors Minutes of all meetings of Orgamzatloffs governing body shall be available to C~ty w~th~n 10 days after Board approval 12. SUSPENSION OR TERMINATION A The Ctty may terminate tlus Agreement w~th cause if the Orgamzatlon wolates any cove- nants, agreements, or guarantees of th~s Agreement, the Organization's ~nsolvency or ill- mg of bankruptcy, dissolution, or receivership, or the Orgamzatlon's molat~on of any law or regulation to which at as bound under the terms of this Agreement B The City may terminate this Agreement for convemenee at any t~me If the C~ty term~- nates this Agreement for convemence, Organization will be prod an amount not to exceed the total amount of accrued expenditures as of the effective date of termination In no event wdl thas compensation exceed an amount, whmh bears the same ratio to the total compensatmn as the servmes actually performed bears to the total services of Organiza- tion covered by the Agreement, less payments prewously made In case of suspension, C~ty shall adwse Orgamzat~on, in writing, as to conditions prece- dent to the resumption of funding and specify a reasonable date for comphance In case of termination, Orgamzatlon will remit to City any unexpended City funds Ac- ceptance of these funds shall not constitute a wmver of any clatm C~ty may otherwise have arising out of th~s Agreement Page 7 of 17 13 PERSONNEL POLICIES Personnel pohc~es shall be estabhshed by Organlzat~on and shall be available for exami- nation Such personnel pohc~es shall A Be no more liberal than City's personnel pohcles, procedures, and practices, ~nclud~ng pollmes with 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 Organlzat~on and by City 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A B Orgamzat~on will submit for City approval, a written plan for comphance with the Equal Employment and Affirmative Action Federal prows~ons, w~thm one hundred twenty (120) days of the effective date of th~s Agreement Orgamzat~on shall comply vath all applicable equal employment opportunity and affirmative action laws or regulations C Orgamzat~on will furmsh all ~nformatlon and reports requested by C~ty, and wdl pernnt access to ~ts books, records, and accounts for purposes of investigation to ascertmn comphance w~th local, State and Federal rules and regulations D In the event of Organization's non-comphance w~th the non-d~scnmlnatlon requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Or- gamzatlon may be barred from further contracts with C~ty 15 WARRANTIES A Orgamzat~on represents and warrants that All ~nformat~on, reports and data heretofore or hereafter requested by C~ty and furnished to City, are complete and accurate as of the date shown on the information, data, or re- port, and, since that date, have not undergone any s~gnlfiCant change w~thout written no- tree to City B Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fmrly mfiect the finanmal conditions of Organizat~on on the date shown on smd report, and the results of the operation for the period covered by the report, and that since smd date, them has been no material change, adverse or otherwise, ~n the financial condition of Organization Page 8 of 17 C No litigation or legal proceedings are presently pending or threatened against Orgamza- tlorl D None of the provisions hereto contravene or are In conflmt w~th the authority under which Organization is doing business or with the provisions of any existing indenture or agree- ment of Organization E Orgamzation has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and con- dlt~ons oftlus Agreement F None of the assets of Orgamzatlon are subject to any hen or encumbrance of any charac- ter, except for current taxes not dehnquent, except as shown ~n the financml statements furmshed by Organization to City Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment 16. CHANGES AND AMENDMENTS A B Any alterations, additions, or deletions to the terms of th~s Agreement shall be by written amendment executed by both partms, 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 m Exhibit B without prior written approval of the Community Development Administrator for the City Organization shall request, ~n writing, the budget revision in a form prescribed by C~ty, and such request for revision shall not ~n- crease the total monetary obligation of City under th~s Agreement In addatlon, budget revisions cannot significantly change the nature, ~ntent, or scope of the program funded under this Agreement C Organization will submit rewsed budget and program ~nformatlon, whenever the level of funding for Organization or the program(s) described hereto ~s altered according to the total levels contained in any port~on of Exhibit B D It is understood and agreed by the parties hereto that changes ~n the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement Any such modfficatlons are to be automatically incorporated ~nto this Agreement w~thout writ- ten amendment hereto, and shall become a part of the Agreement on the effective date speeffied by the law or regulation Page 9 of 17 E City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Orgamzat~on's compensa- tion Such changes shall be ~ncorporated m a written amendment hereto, as prowded ~n Subsection A of this Section F Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Ex- hlblt B shall require the prior written approval of City G Organization agrees to notify City of any proposed change in physical location for work performed under th~s Agreement at least 30 calendar days in advance of the change H Organization shall notify City of any changes in personnel or govermng board composi- tion It is expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among smd programs will be per- m~tted 17. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, stat or other action is made or brought by any per- son(s), firm corporation or other entity against Organization, Organization shall give written no- t~ce thereof to City within two working days after being notified of such clmm, demand, suit or other action Such notice shall state the date and hour of notfficat~on 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 institute any type of action or proceeding, the bas~s of such clatm, action or proceeding, and the name of any person(s) against whom such claim is being made or threatened Such written notice shall be delivered rather personally or by mini 18 INDEMNIFICATION A It is expressly understood and agreed by both parties hereto that City is contracting with Orgamzatlon as an independent contractor and that as such, Orgamzatlon shall save and hold City, its officers, agents and employees harmless from all habfl- lty of any nature or land, including costs and expenses for, or on account of, any claims, audit exeeptaons, demands, suits or damages of any character whatsoever re- suiting in whole or in part from the performance or omission of any employee, agent or representative of Orgamza~lon. Orgamzation agrees to prowde the defense for, and to indemnify and hold harmless City ~ts agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and habfl~ty arising out of Page 10 of 17 A B C D E F A the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or em- ployees. 19. INSURANCE Orgamzat~on shall observe sound bus~ness practices w~th respect to providing such bond- lng and insurance as would provide adequate coverage for services offered under this Agreement The premises on and in which the activities described ~n Exhibit A are conducted, the employees conducting these activities, shall be covered by premise habfl~ty insurance, commonly referred to as "Owner/Tenant" coverage w~th C~ty named as an additional sured Upon request of Orgamzataon, City may, at ~ts sole d~scretlon, approve alternate ~nsurance coverage arrangements Orgamzat~on will comply w~th applicable workers' compensation statutes and wdl obtmn employers' habfllty coverage where available and other appropriate habfl~ty coverage for program participants, ff apphcable Orgamzat~on will mmntaln adequate and continuous hablhty ~nsurance on all velucles owned, leased, or operated by Organization All employees of Orgamzat~on who are re- qmred to drive a velucle in the normal scope and course of their employment must pos- sess a vahd Texas Drivels hcense and automobile habfl~ty ~nsurance Ewdance of the employee's current possession of a valid hcense and insurance must be mmntmned on a current bas~s an Orgamzat~on's files Actual losses are not covered by insurance as required by this Section are not allowable costs under ttus Agreement, and remmn the sole responsibility of Orgamzat~on The pohcy or policies of ~nsurance shall contmn a clause which requires that City and Organ~zatlon be not~fied ~n writing of any cancellation or change ~n the pohcy at least 30 days prior to such change or cancellation 20. CONFLICT OF INTEREST Orgamzatlon covenants that neither ~t nor any member of its governing body presently has any interest, d~rect or ~ndlrect, which would conflict ~n any manner or degree with the performance of services reqmred to be performed under th~s Agreement Orgamzat~on further covenants that in the performance of this Agreement, no person having such inter- est shall be employed or appointed as a member of its governing body Page 11 of 17 B Organization further covenants that no member of 1ts govemlng body or its staff, subcon- tractors or employees shall possess any interest an or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gan for ham- self/herself, or others, partacularly 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 ex- ercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the Interest in any corporation, partnership, or association in which he or she has a direct or indirect interest 21. NEPOTISM OrgamzaUon shall not employ an any paid capacity any person who is a member of the immediate family of any person who as currently employed by Organization, or is a member of Orgamzalaon's governing board The term "member of lmmechate family" includes wife, hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, steppar- em, stepchild, half-brother and half-sister 22. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited an the United States mall, postage prepaid, registered or certified, return re- celpt requested, addressed to Organization or City, as the case may be, at the follownng ad- dresses Page 12 of 17 CITY ORGANIZATION City of Denton, Texas Attn City Manager 215 E McKmney Denton, TX 76201 Denton Christian Preschool ATTN Director 1114 West University Denton, TX 76201 Either party may change its mallng address by sending notice of change of address to the other at the above address by certified mal, return receipt requested 23. MISCELLANEOUS A Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior wrlttan approval of City B If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re- manmg provisions shall remain in full force and effect and continue to conform to the orlgmal intent of both parties hereto C In no event shall any payment to Organization hereunder, or any other act or falure of City to insist in any one or more instances upon the terms and conditions of this Agree- ment constitute or be construed in any way to be a waiver by City of any breach of cove- nant or default which may then or subsequently be committed by Organization Neither shall such payment, act, or omission in any manner lmpar or prejudice any right, power, privilege, or remedy avalable to City to enforce its rights hereunder, which rights, pow- ers, privileges, or remedies are always specifically preserved No representative or agent of City may wave the effect of this provision D This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, un- derstandmg, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writ- lng, and if appropriate, recorded as an amendment of this Agreement E In the event any disagreement or dispute should arise between the parties hereto pertan- lng to the interpretation or meaning of any part of this Agreement or its governing ales, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpre- tation Page 13 of 17 F Th~s Agreement shall be interpreted xn accordance w~th the laws of the State of Texas and ve/aue of any lmgaUon concemmg th~s Agreement shall be ~n a court of competent jurls- dlCtxon slttmg m Denton County, Texas IN WITNESS WHEREOF, the part[es do, hereby affix their s~gnatures and enter ~nto this Agreement as of the /~Pdo~ day of~, 2001 ATTEST, JENNIFER WALTERS CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY CITY~~,~ ATTEST B 0 ARD ~dl~,"T=q"R Y DENTON CHRISTIAN PRESCHOOL 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 DEINTON CHRISTIAN PRESCHOOL Provide low cost day care for at least eleven children between the ages of 3 and 4 years old from lowqncome households who would not have been served by the organization without CITY funds Provide day care between 8 30 a m and 11 30 a m every Monday through Friday during the contract year w~th the exception of designated hohdays The children will be served at least one complete meal and at least one snack each day The meals and snacks w~ll meet all nutrition requirements set forth by the State Child Care Food Program · Provide a developmentally appropriate pre-school education for the children served Provide medical and diagnostic screenings · Provide parent and family education through monthly family mghts · Provide transportation for the children to and from school and ~ts act~wt~es · Must meet or exceed the Texas Department of Human Services m~mmum licensing stan- dards for Child Care Centers · Make bilingual education avmlable to children who speak Spanish as their primary lan- guage OUTCOME MEASURES · Organization will provide low cost day care to at least 11 more households than were served during the prewous year During FY 99-2000, the organization pro- vided services to 99 children Organization wall serve at least 110 total children during FY 01-02 · At least 10 of the additional children served in the new 3-4 year old classroom will be C~ty of Denton residents Page 16 of 17 EXHIBIT B BUDGET DENTON CHRISTIAN PRESCHOOL TOTAL CI~y of Denton funding $30,000 00 Monthly Request for Staff Salaries OR Quarterly Request for Staff Salaries $ 2,500 O0 $ 7,500 O0 Denton Christian Preschool may submit monthly or quarterly relmbursemem requests for staff salaries The following staff pos~t~ons may be reimbursed by the C~ty of Denton Assistant D~- rector, Part-time Teacher, Bthngual Translator, and/or Part-time Van Driver Reimbursement requests must ~nclude t~me sheets and cop~es of paychecks or pay stubs for the salaries for whmh reimbursement ~s being requested Page 17of17