Loading...
2000-326 O IN CE NO AN 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 2525 - CHILDCARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO DENTON CITY-COUNTY DAY SCHOOL, IN ~ AMOUNT OF $26,000) WHEREAS, the C~ty has sohcited, received and tabulated compeutave bids for the purchase of necessary matermls, equipment, supphes or services m accordance vaththe procedures of STATE law and City ordinances, and WHEREAS, the C~ty Manager or a designated eraployee has rexaewed and reco~ed that the hereto descnhed bds are the lowest responsible bids for the matermls, equipment, supphes or sermces as shown tn the "Bid Proposals" subrmtted therefore, and WHEREAS, the City Council has proxaded m the City Budget for the approprmtion of funds to he used for the purchase of the matermls, eqmpment, supphes or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the follovong competaive bids for materials, eqmpment, supphes, or senaces, descn"oed tn the "Bid Proposals" on file m the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bds for such items BID ITEM AMJ, NF NO, 2525 ALL DENTON CITY-COUNTY DAY SCHOOL $26000 ~ That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons subrmttmg the bids for such items and agrees to purchase the materials, eqmpment, supphes or sermces tn accordance w~th the terms, spectficat~ons, standards, quantities and for the specflied sums contained tn the Bid Inwtations, Bid Proposals, and related documents ~ That the City and persons subrmttmg approved and accepted items and ofthc submated bids w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or bas demgnated representative is hereby authorized to execute the written contracts whach shall he attached hereto, prowded that the written contract is m accordance vnth the terms, conchtwns, specflicatlons, standards, quantities and specrfied sums contained m the Bid Proposal and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above competmve b~ds, the City Council hereby authorizes the expenditure of funds therefor ~n the amount and m accordance with the approved btds or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That th~s ordinance shall become effective ~mmedlately upon its passage and approval o :000 PASSED AND APPROVED th~s the ~,~ ~ day EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY . _ __ _ APPROVED AS TO LEGAL FORM HERB~UTY, C/~TTORNEY 2000-2001 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CITY- COUNTY DAY SCHOOL BID #2525 Th~s Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Mumc~pal Corporation, hereinafter referred to as "City", and Denton City-County Day School, 1603 Paisley, Denton, TX 76201 a non-profit corporation, hereinafter referred to as "Organization", WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for services and has determined that Orgamzatlon performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSC recommends the purchase of services, and WHEREAS, City has determined that the proposal for servmes merits assistance and can provide needed services to citizens of City and has provided funds in tts 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 Provide low cost day care for ctuldren ages 18 months to 5 5 years from low-income families where parent(s) work and/or attend school or actively seek employment B Provide two dmly nutritional meals, breakfast and lunch, for the children it serves C Organization shall perform those services described in the Work Statement herein at- tached as Exhibit A 2. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions A Twenty sm thousand dollars ($26,000 00) may be prod to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the pro- ject budget, attached hereto as Exhibit B and incorporated herein by reference, for those Page 1 of 17 expenses lasted m the scope of services as provaded herein Organization shall not utlhze these funds for any other purpose B It wall estabhsh, operate, and malntmn an account system for this program that will allow for a tracmg of funds and a revaew of the financaal status of the program C It wall permat authorized offimals of Caty to review its books at any tame D It will reduce to wntang all of ~ts roles, regulataons, and policaes and file a copy wath Caty's Commumty Development Office along with any amendments, addmons, or reva- saons whenever adopted E It wall not enter rote any contracts that would encumber Caty funds for a period that would extend beyond the term of thas Agreement F It wall promptly pay all balls when submatted unless there as a dascrepancy in a ball, any errors or dascrepancaes an bills shall be promptly reported to Caty's Assistant C~ty Man- ager for Fascal & Mun~capal Servaees, or her authorized representative, for further dame- tmn G It will appoant a representatave who will be available to meet with City's Assistant Caty Manager for Fascal & Mummpal Servaces and other City officials when requested H It wlll andemmfy and hold harmless City from any and all clmms and stats ansang out of the actavatles of Organazat~on, ats employees, and/or contractors I It will submat to C1ty cop~es of year-end audated financial statements 3. TIME OF PERFORMANCE The servaces funded by C~ty shall be undertaken and completed by Organazat~on w~th~n the followang tame frame October 1, 2000 through September 30, 2001, unless the contract is sooner termmated under Sectaon 7 "Suspensaon or Termmataon" 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A Orgamzat~on shall comply wath all apphcable federal laws, laws of the State of Texas and ordinances of the C~ty of Denton Page 2 of 17 REPRESENTATIONS A Orgamzatlon assures and guarantees that ~t possesses the legal authority, pursuant to any proper, appropriate and official morton, resolution or action passed or taken, to enter into th~s Agreement B The person or persons s~gnmg and executing th~s Agreement on behalf of Orgamzat~on, do hereby warrant and guarantee that he, she, or they have been fully authorized by Or- ganlzatmn to execute this Agreement on behalf of Organtzatmn and to vahdly and legally b~nd Orgamzatlon to all terms, performances and prowsmns hereto set forth C City shall have the right, at ~ts option, to e~ther temporarily suspend or permanently ter- minate tfus Agreement ff there ~s a d~spute as to the legal authority of either Orgamzat~on or the person s~gmng the Agreement to enter into th~s Agreement Organ~zatmn ~s hable to C~ty for any money ~t has received from City for performance of the prowslons of this Agreement ff C~ty has suspended or terminated th~s Agreement for the reasons enumer- ated ~n th~s Section D Organ~zatmn agrees that the funds and resources provided Organization under the terms of th~s Agreement will m no way be substituted for funds and resources from other sources, nor m any way serve to reduce the resources, servmes, or other benefits whmh would have been avaalable to, or promded through, Organization had this Agreement not been executed 6 COVENANTS A Dunng the period of t~me that payment may be made hereunder and so long as any pay- ments remain unhqmdated, Orgamzatmn shall not, w~thout the prior written consent of the Community Development Adm~mstrator or her anthonzed representative (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of Organ~zatmn now owned or hereafter acqmred by it, or permit any pre- ex~stmg mortgages, hans, or other encumbrances to remain on, or attached to, any assets of Orgamzat~on whmh are allocated to the performance of th~s Agreement and w~th respect to whmh C~ty has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise d~spose of accounts receivables, notes or claams for money due or to become due (3) Sell, convey, or lease all or substantml part of ~ts assets (4) Make any advance or loan to, or recur any hablhty for any other firm, person, en- tity or corporatmn as guarantor, surety, or accommodation endorser Page 3 of 17 (5) Sell, donate, loan or transfer any equipment or 1tern of personal property pur- chased w~th funds prod to Organization by City, unless C~ty anthonzes such trans- fer B Should Organization use funds received under this Agreement to acquire or improve real property under Orgamzat~on's control, Organization agrees and covenants (1) That the property shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2006 (2) That should Orgamzatlon transfer or otherwise dispose of said property on or be- fore August 31, 2006, Organization shall reimburse City in the amount of the fair market value of flus property less any portion of the value attributable to expendi- tures of non-CDBG funds for acqulslUon of, or ~mprovement to, the property C Organization agrees, upon written request by C~ty, to require its employees to attend training sessions sponsored by the Community Development Office 7. pAYMENTS A PAYMENTS TO ORGANIZATION Clty shall pay to Organ~zaUon a maximum amount of money not to exceed twenty slx thousand dollars ($26,000 00) for servmes rendered un- der this Agreement C~ty wall pay these funds on a reimbursement basis to Orgamzatlon w~tlun 20 days after City has received supporting docmnentaUon Organization's failure to request rexmbursement on a timely basis, may jeopardize present or future funding B ExcESS PAYMENT OrganlzaUon shall refund to City within ten working days of C~ty's request, any sum of money which has been prod by City and which City at any Ume thereafter determines (1) has resulted ~n overpayment to Organization, or (2) has not been spent strictly m accordance with the terms of this Agreement, or (3) ~s not supported by adequate documentation to fully justify the expenditure C Orgamzatlon's reimbursement request for any one month period will not exceed one-fifth (1/5) of any budgeted line ~tems for costs as spemfied ~n Exhibit B D DEOBL1GATION OF FUNDS/REvERSION OF ASSETS In the event that actual expenditures deviate from Orgamzataon's provision of a corresponding level of performance, as speci- fied m Exhibit A, City hereby reserves the right to reappropnate or recapture any such under expended funds If City finds that Organ~zataon ~s unw~lhng and/or unable to com- ply w~th any of the terms of th~s Contract, City may require a refund of any and all Page 4 of 17 money expended pursuant to this Contract by Organization, as well as any rema~nlng nn- expended funds which shall be refunded to City wdh~n ten working days of a written no- tice to Organization to revert these financial assets The reversion of these financial as- sets shall be m addition to any other remedy avmlable to City either at law or in equity for breach of this Contract E CONTRACT CLOSE OUT Organization shall submit the contract close out package to C~ty, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under th~s Agreement, w~thm 15 working days fol- lowmg the close of the contract period Organization shall utilize the form agreed upon by C~ty and Organization 8. MAINTENANCE OF RECORDS A OrganlzaUon agrees to maintain records that will prowde accurate, current, separate, and complete d~sclosure of the status of the funds received under this Agreement, in comph- anee w~th the provisions of Exhibit B, attached hereto, and with any other apphcable Federal and State regulations establishing standards for financial management Organ, za- tion's record system shall contain sufficient documentation to provide m detail full sup- port and just~ficaUon for each expenditure Nothing ~n this SecUon shall be construed to reheve Organization of fiscal accountability and hablhty under any other provls~on of this Agreement or any appheable law Organization shall ~nclude the substance of this prow- sion ~n all subcontracts B Organ~zaUon agrees to retain all books, records, documents, reports, and written account- mg procedures pertaamng to the operation of programs and expenditures of funds under this Agreement for five years C Nothing an the above subsections shall be construed to relieve Organization of responsl- bthty for retmmng accurate and current records which clearly reflect the level and benefit of services provided under fins Agreement D At any reasonable time and as often as C~ty may deem necessary, the Organization shall make available to City, ITtYD, or any of their authorized representatives, all of ~ts 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, mvomes, materials, payrolls, records of personnel, cond~tions or employment and all other data re- quested by smd representatives Page 5 of 17 9 REPORTS AND INFORMATION At such t~mes and ~n such form as City may reqmre, Orgamzat~on shall furnish such statements, records, data and mformat~on as C~ty may request and deem pertinent to matters cov- ered by this Agreement Organization shall submit quarterly benefimary and financial reports to City no less than once each three months The beneficmry report shall detml client ~nformat~on, ~nclud~ng race, ~ncome, female head of household and other statistics required by C~ty The financml report shall ~nclude mformat~on and data relative to all programmatic and financml mporhng as of the begm- mng date specffied m Section 1 ofth~s Agreement Unless the City has granted a written exempUon, Orgamzatlon shall submit an audit con- ducted by mdependent exammers w~th ten days after receipt of such 10. EVALUATION Organization agrees to parhc~pate m an ~mplementat~on and mmntenance system whereby the services can be continuously momtored Organization agrees to make available its finanmal records for rewew by C~ty at C~ty's discretion In addition, Organization agrees to provide C~ty the following data and reports, or cop~es thereof A All external or ~nternal audits Organlzat~on shall submit a copy of the annual independ- ent audit to C~ty w~thm ten days of receipt B All external or mternal evaluation reports C Quarterly performance/beneficmry reports to be submitted ~n January, Apnl, July and September, to include such ~nfonnat~on as requested by the C~ty's Commumty Develop- ment D~v~s~on ~ncludmg but not hmlted to number of persons or households assisted, race, gender, d~sablhty status and household income D Organization agrees to submit quarterly financial statements ~n January, April, July, and September Each statement shall include current mad year-to-date period accotmt~ng of all revenues, expenditures, outstanding obhgatlons and beglnnmg and ending balances E An explanation of any major changes in program services F To comply w~th th~s section, Organization agrees to mmntmn records that will promde accurate, current, separate, and complete disclosure of the status of funds received and the services performed under thts Agreement Orgamzatlon's record system shall contmn sufficient documentation to prowde m detail full support and justfficat~on for each ex- penditure Organization agrees to retain all books, records, documents, reports, and writ- Page 6 of 17 ten accounting procedures pertalmng to the serwces provided and expenditure of funds under tins Agreement for the period of t~me and under the condmons specffied by the Cay G Nothing m the above subsections shall be construed to reheve Orgamzat~on of responm- Inhty for retmnmg accurate and current records, winch clearly reflect the level and benefit of services, prowded under tins Agreement 11 DIRECTOR'S MEETINGS Dunng the term of th~s Agreement, Orgamzatlon shall dehver to City cop~es of all notices of meetings of ~ts Board of D~rectors, setting forth the t~me and place thereof Such not,ce shall be dehvered to C~ty m a t~mely manner to g~ve adequate not,ce, and shall ~nclude an agenda and a brief description of the matters to be d~scussed Orgamzat~on understands and agrees that C~ty's representatives shall be afforded access to all meetings of~ts Board of D~rectors Minutes of all meetings of Orgamzat~offs governing body shall be avmlable to C~ty w~tinn ten working days of approval 12 SUSPENSION OR TERMINATION A The C~ty may terminate th~s Agreement w~th cause ~f the Organization molates any cove- nants, agreements, or guarantees of tins Agreement, the Organ~zatton's ~nsolvency or ill- mg of bankruptcy, d~ssolut~on, or rece~versinp, or the Organization's vtolat~on of any law or regulation to winch ~t ~s bound under the terms of th~s Agreement B The C~ty may terminate tins Agreement for convemence at any t~me If the C~ty term~- nates tins Agreement for convemence, Organization will be prod an amount not to exceed the total amount of accrued expenditures as of the effective date of term~natlon In no event w~ll tins compensation exceed an amount, winch bears the same ratio to the total compensation as the services actually performed bears to the total services of Orgamza- tton covered by the Agreement, less payments prewously made In case of suspension, City shall advise Orgamzat~on, ~n writing, as to conditions prece- dent to the resumption of fundang and specify a reasonable date for comphance In case of termination, Orgamzat~on w~ll remit to C~ty any unexpended C~ty funds Ac- ceptance of these funds shall not constitute a wmver of any clmm C~ty may otherwise have arising out of tins Agreement Page 7 of 17 13 PERSONNEL POLICIES Personnel policies shall be established by Organization and shall be available for exam~- nat~on Such personnel pohcies shall A Be no more hberal than City's personnel pohc~es, procedures, and practmes, ~nclud~ng pohcles w~th respect to employment, salary and wage rates, workmg hours and holidays, fnnge benefits, vacation and sick leave pnwleges, and travel, and B Be m writing and shall be approved by the govemmg body of Organization and by C~ty 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Organization will submit for C~ty approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal prows~ons, within one hundred twenty (120) days of the effective date of th~s Agreement B Organization shall comply with all applicable equal employment opportumty and af- firmative action laws or regulatxons C Organization will furnish all mformat~on and reports requested by City, and will permit access to ~ts books, records, and accounts for purposes of ~nvemgat~on to ascertain eom- phance with local, State and Federal rules and regulations D In the event of Organization's non-eomphance w~th the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended m whole or ~n part, and Or- gamzation may be barred from further contracts w~th C~ty 15. WARRANTIES Organization represents and warrants that A All reformation, reports and data heretofore or hereafter requested by Cxty and furmshed to C~ty, are complete and accurate as of the date shown on the mformat~on, data, or port, and, since that date, have not undergone any s~gmficant change without wnttan no- race to CaW B Any supporting financial statements heretofore requested by C~ty and furmshed to City, are complete, accurate and fairly reflect the financml condmons of Orgamzat~on on the date shown on smd report, and the results of the operat~nn for the period covered by the report, and that since smd date, there has been no material change, adverse or otherwise, m the financial condmon of Orgamzation Page 8 of 17 C No ht~gatlon or legal proceedings are presently pending or threatened agmnst Organiza- tion D None of the prowsmns here~n contravene or are in conflict w~th the authority under whmh Orgamzatlon as doing business or with the prows~ons of any ex~stlng indenture or agree- mint of Organ~zatmn E Orgamzat~on has the power to enter ~nto th~s Agreement and accept payments hereunder, and has taken all necessary aetaon to authorize such acceptance under the terms and con- dmons of th~s Agreement F None of the assets of Organ~zatmn are subject to any hen or encumbrance of any charac- ter, except for current taxes not dehnquent, except as shown m the financial statements furnished by Orgamzat~on to C~ty Each of these representations and warrant~es shall be cont~nmng and shall be deemed to have been repeated by the submms~on of each request for payment 16 CHANGES AND AMENDMENTS A Any alterations, add~tmns, or deletmns to the terms of th~s Agreement shall be by written amendment executed by both part,es, except when the terms of this Agreement expressly prowde that another method shall be used B Orgamzatxon may not make transfers between or among approved hne xtems within budget categories set forth m Exlublt B without prior written approval of the Commumty Development Adm~mstrator for the C~ty Organxzatmn shall request, xn writing, the budget revision m a form prescnbed by City, and such request for revision shall not m- crease the total monetary obhgatlon of City under tl-ns Agreement In addmon, budget rewsxons cannot sxgmficantly change the nature, intent, or scope of the program funded under this Agreement C Organization will submit rewsed budget and program ~nformat~on, whenever the level of funding for Orgamzatlon or the program(s) described herem ~s altered accordmg to the total levels contaaned m any port~on of Exhab~t B D It is understood and agreed by the partms hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur dunng the term of th~s Agreement Any such mochficat~ons are to be automatically ~ncorporated ~nto th~s Agreement w~thout writ- ten amendment hereto, and shall become a part of the Agreement on the effective date specffied by the law or regulatmn Page 9 of 17 E City may, from tame to tame dunng the term of the Agreement, request changes m Exhibit A which may ~nclude an mcreaae or decrease an the amount of Organization's compensa- tion Such changes shall be incorporated m a written amendment hereto, as provided m Subsection A of this Section F Any alterations, deletions, or adchtlons to the Contract Budget Detail mcorporated m Ex- habit B shall require the prior written approval of City G Organization agrees to notify C~ty of any proposed change in physmal location for work performed under this Agreement at least 30 calendar days ~n advance of the change H Organization shall not~fy C~ty of any changes an personnel or govermng board composi- tion I It as 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 wall be per- mitted 17. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, stat or other action as made or brought by any per- son(s), firm corporation or other entity ag~unst Organization, Organization shall gave written no- tice thereof to City wlthm two working days after being notlfted of such cltum, demand, stat or other action Such notice shall state the date and hour of notfficaUon of any such clmm, demand, stat or other action, the names and addresses of the person(s), firm, corporatmn or other entxty making such clmm, or that mstltuted or threatened to institute any type of actton or proceeding, the basis of such clmm, action or proceeding, and the name of any person(s) agmnst whom such clmm as being made or threatened Such written not,ce shall be delivered either personally or by mml 18. INDEMNIFICATION A It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all habd- ity of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever re- suiting an whole or in part from the performance or omission of any employee, agent or representative of Organization B. Organization agrees to provide 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 liability arising out of Page 10 of 17 the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or em- ployees 19 INSURANCE A Organization shall observe sound business practices with respect to providing such bond- lng and insurance as would provide adequate coverage for servaces offered under th~s Agreement B The premises on and m whmh the activities described an Exhibit A are conducted, the employees conducting these actlvmes, shall be covered by premise habahty insurance, commonly referred to as "Owner/Tenant" coverage with C~ty named as an additional an- sured Upon request of Orgamzatlon, City may, at its sole dlscret~on, approve alternate insurance coverage arrangements C Orgamzatlon will comply with applicable workers' compensation statutes and will obtain employers' habfllty coverage where available and other appropriate habfllty coverage for program partlmpants, if appheable D Organization will mmntmn adequate and continuous liability tnsurance on all vehmles owned, leased, or operated by Orgamzatlon All employees of Organization who are re- qmred to drive a vehicle m the normal scope and course of their employment must pos- sess a valid Texas Drivels hcense and automobile liability Insurance Evidence of the employee's current possession of a valid license and insurance must be mmntalned on a current basis m Organization's files E Actual losses are not covered by Insurance as required by this Section are not allowable costs under this Agreement, and remmn the sole responsibility of Organization F The pohcy or policies of insurance shall contain a clause which requires that C~ty and Organization be notified m writing of any cancellation or change in the pohcy at least 30 days prior to such change or cancellation 20. CONFLICT OF INTEREST A Orgamzatlon covenants that neither it nor any member of its govermng body presently has any ~nterest, direct or mdlreet, which would conflict in any manner or degree with the performance of serwees reqmred to be performed under this Agreement Orgamzat~on further covenants that m the performance of th~s 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 governing body or its staff, subcon- tractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gmn for him- self/herself, or others, particularly those with which he/she has family, business, or other tleS C No officer, member, or employee of City and no member of its governing body who ex- erolses any function or responslbthtles 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 m whmh he or she has a d~rect or indirect interest NEPOTISM Organization shall not employ m any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member o£ Organlzatwn's governing board The term "member of immediate family" includes wife, hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, steppar- ent, stepchild, half-brother and half-sister 22 NOTICE Any notice or other written instrument required or permitted to be dehvered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited m the United States marl, postage prepmd, registered or certified, return re- ceipt requested, addressed to Organization or City, as the case may be, at the following ad- dresses Page 12 of 17 CITY ORGANIZATION City of Denton, Texas Denton City County Day School Attn City Manager ATTN Carolyn Berry, Director 215 E McI/o. nney 1603 Paisley Denton, TX 76201 Demon, TX 76201 Either party may change ~ts mailing address by sending notice of change of address to the other at the above address by certified mtul, return receipt requested 23 MISCELLANEOUS A Organization shall not transfer, pledge or otherwise assign th~s Agreement or any interest therein, or any clmm ansmg thereunder to any party or parties, bank, trust company or other financial mst~tutlon without the prior written approval of City B If any provision of this Agreement Is held to be ~nvahd, dlegal, or unenforceable, the re- maining prows~ons shall remain ~n full force and effect and continue to conform to the ongmal intent of both parties hereto C In no event shall any payment to Organization hereunder, or any other act or failure of C~ty to insist ~n any one or more instances upon the terms and conditions of this Agree- ment constitute or be construed ~n any way to be a wmver by City of any breach of cove- nant or default which may then or subsequently be committed by Organ~zatmn Neither shall such payment, act, or omission m any manner lmpmr or prejudice any right, power, privilege, or remedy avmlable to C~ty to enforce ~ts rights hereunder, which rights, pow- ers, privileges, or remedies are always specffically preserved No representative or agent of C~ty may waive the effect of this provision D Th~s Agreement, together w~th referenced exhibits and attachments, constitutes the entire agreement between the part, es hereto, and any prior agreement, assertion, statement, un- derstanding, or other commitment occumng dunng 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 pertain- mg to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of comphance, will have the final authority to render or to secure an interpre- tation Page 13 of 17 F This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any ht~gat~on concerning th~s Agreement shall be m a court of competent juns- dmt~on s~ttmg m Denton County, Texas 1N WITNESS WHEREOF, the partu~s do hereby affix their s~gnatures and enter ~nto th~s Agreement as of the r~q~~]7- day of~~27,~, 2000 CITY OF DENTON, TEXAS ~HAELflg J~CTTY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY 1/ '7 ALFo HERBERT L PROUTY, CITY ATTORNEY BY ~ -- DENTON CITY-COUNTY DAY SCHOOL ATTEST BOARD SECRETARY Page 14of17 EXHIBIT A WORK STATEMENT Provide ehfldcare to children from low to moderate-mcome fam]hes ~n the Denton area The orgamzat~on will serve children ranging ~n age from 18 month to 5 ¥2 years In order to quahfy for services, parents must be worktng, going to school full t~me, or dmng both part t~me, or actively seehng employment · Theorgan~zat]onwfllbeopanMondaythroughFndayfrom630am to530pm · The children will be served breakfast and lunch dady wtth all food meeting federal m- qmrements for a chtldcare famhty · Cumculum wall place emphas~s on cogmhve, affect~ve, and psychomotor learning skills, good health habits, and phystcal development Emphas~s ~s placed on enhancing the self- concept of each md~wdual ctuld, as flus ~s very s]gmficant for h~s/her future success · Prowde a safe, healthy enwronment that wtll meet the development needs of the ctuld Activities will be designed for each age group to meet the lndlv~dual and group needs The cumculum wall mclude education emphasizing effective learning skdls, creative arts, motor shlls development, physical development, speech development, music, personal hygiene and manners · Program must be heensed by the Texas Department of Protective and Regulatory Ser- vices · Must meet or exceed the Texas Department of Human Services m]mmum standards for Day Care Centers · Must be a Child Care Management Systems designated vendor OUTCOME MEASURES · Organ~zatlon will conduct pre and post assessments to determine kmdergarten readi- ness on each child attending the school Pre assessments will take place m September or when the chtld begms the school year Post assessments will take place ~n April 75% of children will be able to master 90% of the pre hndergarten goals Page 16 of 17 EXHIBIT B BUDGET Ctty of Denton funding $26,000 00 All for Teachers' Salaries Monthly Request $ 2,166 66 Page 17 of 17