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2000-325 O, IN CENO 000- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2524 - INFANT & CHILD PROGRAM FOR LOW-INCOME FAMILIES, AWARDED TO FRED MOORE DAY NURSERY SCHOOL, IN THE AMOUNT OF $38,000) WHEREAS, the C~ty has sohc~ted, received and tabulated compet~ttve b~ds for the purchase ofneeassary materials, equipment, supphes or services m accordance w~th the procedures of STATE law and C~ty ordmaness, and WHEREAS, the Cxty Manager or a daslgnated employee has rewewed and recommended that the bercm described b~ds are the lowest responsxble b~ds for the mator~als, eqmpment, supphes or serwces as shown m the "B~d Proposals" subnutted therefore, and WHEREAS, the City Council has provided m the Cay Budget for the appropriation of funds to be used for the purchase of the matonals, equipment, supphes or servtces approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the following competitive btds for materials, eqmpment, supphes, or services, described m the B~d Proposals on file m the office of Cay's Purchasing Agent filed according to the btd number asstgned hereto, are hereby accepted and approved as being the lowest responstble b~ds for such aems BID ITEM NUMBER NO ~ ^MOUNT 2524 ALL FRED MOORE DAY NURSERY SCHOOL $38,000 S_~ That the acceptance and approval ofthe above competmve bxds, the CaY accepts the °fief of the persons subnuttmg the b~ds for such items and agrees to purchase the materials, eqmpment, supphes or servtces ~n accordance w~th the terms, spco~ficattons, standards, quantmes and for the speexfied sums contained m the Bid Invltatmns, B~d Proposals, and related documents ~ That the C~ty and persons submitting approved and accepted ttems and °fthe subnutted b~ds w;sh to enter into a formal wnttan agreemant as a result of the acceptance, approval, and awarding of the bids, the C~ty Manager or his designated representative ts hereby authorized to execute the written contracts whtch shall be attached hereto, provided that the wnttco contract ts m accordance w~th the terms, condtttons, spectficaflons, standards, quantmes and specified sums contained m the B~d Proposal and related documents hereto approved and accepted ~ That by the acceptance and approval of the above competitive bids, the C~ty C°uncfi hereby authorizes the expandtture of funds the~for m the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herein ~ That th~s ordinance shall become effective ~nmedmtely upon its passage and approval 0o0 PASSED AND APPROVED th~s the _~ day of ~I~INE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM 2000-2001 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE DAY NURSERY SCHOOL BID # 2524 Tl~is Agreement is hereby entered into by and between the City of Denton, Texas, a Home RUle Mun;cipal Corporat:on, hereinafter referred to as "City", and Fred Moore Day Nursery School, 821 Crosstimbers, Denton, TX 76201, hereinafter referred to as "Organizatmn", WHEREAS, City's Human Serwces Committee ("HSC") has reviewed the proposal for services and has determined that Orgamzation performs an important service for the residents of Denton without regard to race, rehgion, color, age or national origin, and HSC recommends the purchase of services, and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed sorwces to citizens of City and has provided funds m its budget for the purpose of paying for contractual services, NOW, THEREFORE, the parties hereto mutually agree as follows 1 SCOPE OF SERVICES Organization shall in 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 6 weeks to 5 years of age from low Income families where parent(s) are working full-time, going to school full-time, attending school and working part-time, or are actively seeking employment B To provide two nutritional meals, breakfast and lunch, for the children it serves Organization shall perform those services described in the Work Statement herein attached as Exhib;t A 2 OBLIGATIONS OF ORGANIZATION I~, consideration of the receipt of funds from City, Organization agrees to the following terms arid condit;ons A Thirty eight thousand dollars ($38,000 00) may be pad to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for Page 1 of 17 those expenses hsted m the scope of services as provided herein Orgamzat~on shall not utihze these funds for any other purpose B It will estabhsh, operate, and mmntmn an account system for th~s program that will allow for a tracing of funds and a rewew of the financial status of the program C It will permit authorized officmls of C~ty to rewew tts books at any time D It,will reduce to writing all of ~ts rules, regulations, and pohmes and file a copy w~th City's Commumty Development Office along w~th any amendments, addmons, or rews~ons whenever adopted E It will not enter ~nto any contracts that would encumber City funds for a penod that would extend beyond the term of flus Agreement F It will promptly pay all bills when submitted unless there ~s a d~screpancy in a bill, any eerors or d~serepanmes m bills shall be promptly reported to City's Asmstant Caty Manager for Fiscal & Mumc~pal Services, or her anthonzed representative, for further direction G It will appmnt a representative who will be avmlable to meet with C~ty's Assistant C~ty Manager for F~scal & Mumc~pal Servmes and other C~ty offimals when requested H lQ will ~ndemmfy and hold harmless C~ty from any and all clmms and stats arising out of the act~vmes of Organization, 1ts employees, and/or contractors I It will submit to C~ty cop~es of year-end audited finanmal statements 3 TIME OF PERFORMANCE The servmes funded by C~ty shall be undertaken and completed by Organization w~th~n the followmg time frame October 1, 2000 through September 30, 2001, unless the contract is sooner terminated under Section 7 "Suspension or Tenmnatlon" 4 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A Orgamzat~on shall comply w~th all apphcable federal laws, laws of the State of Texas and ordinances of the C~ty of Denton Page 2 of 17 5 REPRESENTATIONS A Organization assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and offimal motion, resolution or action passed or taken, to enter into th~s Agreement B The person or persons signing and executing this Agreement on behalf of Orgamzatlon, 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 Orgamzataon to all terms, performances and provisions herein set forth C City shall have the right, at its option, to either temporarily suspend or permanently terminate tins Agreement if there is a dispute as to the legal anthonty of either Organization or the person slgnmg the Agreement to enter into this Agreement Orgamzatlon is liable to City for any money it has received from City for performance of the provisions of this Agreement af City has suspended or terminated this Agreement for the reasons enumerated m this Section D Organization agrees that the funds and resources provided Organization under the terms of this Agreement will m 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 available to, or provided through, Organization had this Agreement not been executed 6 COVENANTS A 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 o£ the Community Development Admimstrator 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- exlstmg mortgages, liens, or other encumbrances to remain on, or attached to, any assets of Organization which are allocated to the performance of this Agreement and with respect to winch City has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or clmms for money due or to become due (3) Sell, convey, or lease all or substantial part of its assets (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser Page 3 of 17 (5) Sell, donate, loan or transfer any equipment or atem of personal property purchased wath funds pa~d to OrganazatIon by Caty, unless Caty authorizes such transfer B Should Orgamzataon use funds receaved under thas Agreement to acqmre or amprove real property under Organazat~on's control, Orgamzataon agrees and covenants (1) That the property shall be used to meet one of the national objectaves stated an 24 CFR 570 until August 31, 2006 (2) That should Organazat~on transfer or otherwase dispose of saad property on or before August 31, 2006, OrgamzatIon shall reimburse Caty in the amount of the f/ur market value of thas property less any portaon of the value attributable to expendatures of non-CDBG funds for acqmsataon of, or amprovement to, the property C Orgamzatlon agrees, upon written request by Caty, to require its employees to attend traamng sessions sponsored by the Commumty Development Office 7. PAYMENTS A PAYMENTS TO ORGANIZATION City shall pay to Organization a maximum amount of money not to exceed thirty e~ght thousand dollars ($38,000 00) for services rendered under th~s Agreement City wall pay these funds on a reambursement basis to OrgamzaUon w~thn 20 days after City has received supporting documentataon Orgamzatmn's failure to request reimbursement on a tamely basis, may jeopardaze present or future funding B Excl~ss PAYMENT Organazat~on shall refund to City w~thm ten working days of City's request, any sum of money whach has been paad by City and which City at any tame thereafter determines (1) has resulted in overpayment to Organazataon, or (2) has not been spent strictly an accordance wath the terms of this Agreement, or (3) as not supported by adequate documentataon to fully justify the expendature C Orgamzataon's reambursement request for any one month period will not exceed one-fifth (1/5) of any budgeted lane ~tems for costs as specafied in Exhablt B D DEOBLIGATION OF FUNDS/REvERSION OF ASSETS In the event that actual expendatures devaate from Orgamzataon's provas, on of a corresponding level of performance, as Page 4 of 17 specified in Exhibit A, City hereby reserves the right to reappropnate or recapture any such under expended funds If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Contract, City may require a refund of any and all money expended pursuant to this Contract by Organization, as well as any remalmng 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 m addition to any other remedy available to City either at law or m eqmty for breach of flus Contract E CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the contract period Organization shall utilize the form agreed upon by City and Organization 8. MAINTENANCE OF RECORDS A Organization agrees to mamtmn 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 Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management Organization's record system shall contain sufficient documentation to provide in detail ftfll support and justification for each expenditure Nothing in this Section shall be construed to reheve Organization of fiscal accountability and liability under any other provision of tbas Agreement or any apphcable law Organization shall include the substance of this provision in all subcontracts B Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertalmng to the operation of programs and expenditures of funds under this Agreement for five years C Nothing in the above subsections shall be construed to relieve Organization of responsibility for retatmng accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement D 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 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 mformatwn as City may request and deem pertinent to matters covered by this Agreement Organization shall submit quarterly beneficiary and finanmal reports to City no less than once each three months The benefimary report shall detail client information, including race, income, female head of household and other statistics required by City The financial report shall include lnformatmn and data relative to all programmatic and financial reporting as of the begmmng date speeffied in Seetwn ! of ti'us Agreement Unless the City has granted a written exemption, Orgamzatlon shall submit an audit conducted by independent examiners with ten days after receipt of such 10 EVALUATION Orgamzat~on agrees to participate in an implementation and mtuntenance system whereby the services can be continuously monitored Organization agrees to make available its financial records for review by City at City's discretion In addition, Organization agrees to provide City the following data and reports, or copies thereof A All external or internal audits Organization shall submit a copy of the annual independent audit to Cay wltlun 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 lnformatwn as requested by the City's Community Development Division mcluchng but not hmlted to number of persons or households assisted, race, gender, disability status and household income 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 E An explanation of any major changes in program services F To comply with this section, Organization agrees to mmntmn records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement Orgamzatlon's record system shall contain sufficient documentation to provide in detatl full support and justification for each expendature Organization agrees to retmn all books, records, documents, reports, and Page 6 of 17 written accounting procedures pertmnmg to the services provided and expenthture of funds under th~s Agreement for the period of t~me and under the conthtlons spemfied by the City G Nottung m the above subsections shall be construed to reheve Orgamzat~on of responsthlhty for retmmng accurate and current records, which clearly reflect the level and benefit of services, prowded under tfus Agreement 11 DIRECTORS' MEETINGS Dunng the term of this Agreement, Orgamzat~on shall dehver to City cop~es of all notmes of meetings of its Board of Directors, settmg forth the time and place thereof Such notme shall be delivered to City in a t~mely manner to give adequate notme, and shall ~nclude an agenda and a brief description of the matters to be discussed Organ~zation understands and agrees that C~ty's representatives shall be afforded access to all meetings of ~ts Board of Directors Minutes of all meetings of Organizatloffs govermng body shall be available to City within ten working days of approval 12. SUSPENSION OR TERMINATION A The City may terminate th~s Agreement with cause if the Organization molates any covenants, agreements, or guarantees of thru Agreement, the Organization's insolvency or filing of bankruptcy, d~ssolution, or receivership, or the Organization's wolatlon of any law or regulation to whtch it is bound under the terms of this Agreement B The City may terminate th~s Agreement for convenience at any t~me If the C~ty terminates tbas Agreement for convenience, Organization w~ll be prod an amount not to exceed the total amount of accrued expenditures as of the effective date of termination In no event will this compensation exceed an amount, whmh bears the same ratio to the total compensation as the serwces actually performed bears to the total services of Orgamzat~on covered by the Agreement, less payments previously made In case of suspension, City shall advise Orgamzat~on, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance In case of tenmnatlon, Orgamzatlon will remit to C~ty any unexpended City funds Acceptance of these funds shall not constitute a waiver of any claim C~ty may otherwise have arising out of this Agreement Page 7 of 17 13 PERSONNEL POLICIES Personnel pohclcs shall be established by Organization and shall be available for examination Such personnel policies shall A Be no more liberal than City's personnel pollc~es, procedures, and practices, ~nclu(hng pohc~es with respect to employment, salary and wage rates, working hours and hohdays, flange benefits, vacation and sick leave privileges, and travel, and B Be in writing and shall be approved by the govemmg body of Organization and by City 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Organlzat~on will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within 120 days of the effective date of this Agreement B Organization shall comply with all apphcable equal employment opportumty and affirmative action laws or regulations C Organization will furnish all information and reports requested by City, and will permit access to ~ts books, records, and accounts for purposes of investigation to ascertmn comphance with local, State and Federal roles and regulations D In the event of Organization's non-comphance w~th the non-dlscnmlnation requirements, the Agreement may be canceled, terminated, or suspended in whole or ~n part, and Organization may be barred from further contracts with City 15 WARRANTIES Organization represents and warrants that A All information, reports and data heretofore or hereafter requested by City and furnished to C~ty, are complete and accurate as of the date shown on the information, data, or report, and, s~nce that date, have not undergone any significant change without written not, ce to City B Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fatrly reflect the financial conditions of Orgamzation 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, there has been no material change, adverse or otherwtse, m the financial condition of Organization Page 8 of 17 C No htlgat~on or legal proceedings are presently pending or threatened against Orgamzat~on D None of the provisions herein contravene or are in conflict with the authority under which Organ~zatlon is doing busmess or with the provisions of any existing ~ndenture or agreement of Orgamzatlon E Orgamzat~on has the power to enter into th~s Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement F None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not dehnquent, except as shown m the financial statements furnished by Organization to City Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment 16. CHANGES AND AMENDMENTS A Any alterations, additions, or deletions to the terms of th~s Agreement shall be by written amendment executed by both parties, except when the terms of th~s Agreement expressly provide that another method shall be used B Organization may not make transfers between or among approved hne items w~th~n budget categories set forth in Exhibit B w~thout prior written approval of the Community Development Administrator for the City Organ~zaUon shall request, an wntmg, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obhgatlon of C~ty under this Agreement In addmon, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement C Organization will submit rewsed budget and program mformat~on, whenever the level of funding for Organlzat~on or the program(s) described herein ~s altered according to the total levels contmned m any port,on of Exhibit B D It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement Any such modifications are to be automatically incorporated into this Agreement w~thout 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 City may, from time to t~me dunng the term of the Agreement, request changes in Exhibit A wtuch may include an increase or decrease in the amount of Orgamzataon's compensation Such changes shall be incorporated m a written amendment hereto, as prowded m Subsection A ofth~s Section F Any alteratxons, deletions, or adchtlons to the Contract Budget Detail incorporated in Exbab~t B shall reqmre the prior written approval of Caty G Organ~zataon agrees to notify C~ty of any proposed change in physical locataon for work performed under th~s Agreement at least 30 calendar days ~n advance of the change H Organazat~on shall notify C~ty of any changes in personnel or govemang board composition I It as 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 permatted 17 NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action as made or brought by any person(s), firm corporataon or other entaty agmnst Organization, Orgamzataon shall gave written notace thereof to Caty wathm two working days after being notffied of such claim, demand, suit or other action Such not,ce shall state the date and hour of notification of any such claim, 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 mstatute any type of action or proceeding, the bas~s of such clmm, action or proceeding, and the name of any person(s) agmnst whom such claim ~s being made or threatened Such written notme shall be delivered either personally or by mml 18. INDEMNIFICATION A. It is expressly understood and agreed by both part,es hereto that Caty ~s contracting w~th Organization as an independent contractor and that as such, Orgamzataon shall save and hold City, Its officers, agents and employees harmless from all ltabfl~ty of any nature or kind, Including costs and expenses for, or on account of, any claims, audat exceptions, demands, stats or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Orgamzatlon. B Organization agrees to provide the defense for, and to ~ndemnffy and hold harmless City its agents, employees, or contractors from any and all clmms, suits, causes of action, demands, damages, losses, attorney fees, expenses, and hablhty arising out of Page 10 of 17 the use of these contracted funds and program adm~mstrat~on and implementation except to the extent caused by the willful act or omission of City, its agents or employees. 19 INSURANCE A Orgamzatlon shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement B The premises on and m which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise hablhty insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional ~nsured Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements C Organization will comply with applicable workers' compensation statutes and will obtmn employers~ llabdlty coverage where avmlable and other appropriate hablhty coverage for program participants, if applicable D Orgamzat~on will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization 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 Driver's license and automobile liability msurance Evidence of the employee's current possession of a valid license and insurance must be mmntmned on a current basis in Organization's files E Actual losses are not covered by insurance as required by this Section are not allowable costs under tlus Agreement, and remain the sole responsibility of Organization F The policy or policies of insurance shall contmn a clause which requires that City and Orgamzatlon be notified m wntmg of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation 2O CONFLICT OF INTEREST A Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement Orgamzatlon further covenants that m the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body Page 11 of 17 B Orgamzatlon further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that ~s or gives the appearance of being motivated by desire for pnvate gmn for himself/herself, or others, particularly those with which he/she has family, business, or other ties C No officer, member, or employee of City and no member of its govermng body who exercises any function or responsibilities m the review or approval of the undertaking or caning out of this Agreement shall participate ~n any decision relating to the Agreement whmh affects his or her personal ~nterest or the ~nterest m any corporation, partnership, or association in whmh he or she has a direct or indirect ~nterest 21 NEPOTISM Organization shall not employ m any prod capacity any person who is a member of the immediate family of any person who xs currently employed by Orgamzat~on, or ~s a member of Organization's govermng board The term "member of lmmedmte family" includes w~fe, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, 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 dehvered, whether actually received or not, when deposited m the United States mall, postage prepmd, registered or certified, return receipt requested, addressed to Orgamzatlon or C~ty, as the case may be, at the following addresses CITY ORGANIZATION City of Denton, Texas Fred Moore Day Nursery School Attn City Manager ATTN Joyce Rogers, Director 215 E MclCdnney 821 Crosstlmbers Denton, TX 76201 Denton, TX 76201 Either party may change its mathng address by sending notice of change of address to the other at the above address by certified mml, return receipt requested 23. MISCELLANEOUS Page 12 of 17 A Orgamzat~on shall not transfer, pledge or otherwise assign tins Agreement or any interest thereto, or any claim arising thereunder to any party or parties, bank, trust company or other financml mst~tut~on w~thout the prior written approval of C~ty B If any prows~on of tlus Agreement ~s held to be ~nvahd, ~llegal, or unenforceable, the remmmng prowslons shall remaan ~n full fume and effect and continue to conform to the ong~nal intent of both part,es hereto C In no event shall any payment to Organization hereunder, or any other act or fadure of City to ms,st m any one or more Instances upon the terms and conditions of th~s Agreement constltnte or be construed ~n any way to be a wmver by C~ty of any breach of covenant or default which may then or subsequently be committed by Organization Neither shall such payment, act, or ommslon in any manner ~mpmr or prejudme any right, power, pnwlege, or remedy avmlable to C~ty to enfome its rights hereunder, which rights, powers, pnwleges, or remedies are always specffically preserved No representative or agent of City may wmve the effect ofth~s provision D Th~s Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parttes hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurnng during the term of tlus Agreement, or subsequent thereto, have any legal fome or effect whatsoever, unless properly executed in wntmg, and af appropriate, recorded as an amendment of this Agreement E In the event any d~sagreement or dispute should arise between the parties hereto pertmmng to the interpretation or meamng of any part of th~s Agreement or ~ts 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 interpretation F Th~s Agreement shall be interpreted m accordance with the laws of the State of Texas and venue of any llt~gat~on concermng this Agreement shall be ~n a court of competent jurisdiction s~ttmg in Denton County, Texas IN WITNESS ~W~t_~/~d~OF, the pa~es~_do hereby affix their s~gnatures and enter ~nto th~s Agreement as of the ~,;(~,n-- day of~5~.~, 2000 CITY OF DENTON, TEXAS I~IICHAEI]W J~j/dI~Y MANAGER Page 13 of 17 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~~~ FRED MOORE DAY NURSERY SCHOOL EXI~CU~IVE bIR~CTOR ATTEST: .¥ tfi~L ~ Ih-- Page 14of17 EXHIBIT "A" WORK STATEMENT · Provade chfldcare on a shdlng scale to low and moderateqncome resadents of Denton based on income and family s~ze · Children s~x weeks through five years of age wall be ellgable for the program Parents must be working and/or attendmg school full-ttme, or a combanataon of going to school and working full-time to be ehgable to enroll thear chald Parents wall be reqmred to volunteer at the chfldcare · Provade a safe, healthy enmromnent that wall meet the development needs of the chdd Act~vltaes wall be desagned for each age group to meet the ~ndlv~dual and group needs The cumculum wall include educataon emphasizing effectave earning skills, creatave arts, motor skills, physmal development, speech development, musm, personal hygaene and manners · Provad¢ breakfast, lunch, and an afternoon snack for each child All meals wall meet the USDA and Texas Department of Human Serwces Specml Nutntmn food reqmrements for children m chaldcare · Must be hcensed by the Texas Department of Protectave and Regulatory Services · Must meet or exceed the Texas Department of Human Servmes m~mmum standards for Day Care Centers · Must be a Child Care Management Systems desagnated vendor · Promde operatmn hours from 7 00 a m to 6 00 p m Monday through Friday OUTCOME MEASURES · Organazataon wall conduct pre and post assessments to determine kandergarten readiness on each cluld attending the school Pre assessments wall take place an September or when the child begans the school year Post assessments wall take place m April or May 75% of chaldren wall be able to master 90% of the pre ktndergarten goals Page 16 of 17 EXHIBIT "B" BUDGET City of Denton Funding $38,000 00 All for Teachers Salaries Monthly Request $ 3,166 66 Page 17of17