Res 181-84 10/2/1984RESOLUTION NO. art_lLf
RESOLUTION APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT
WITH CHILD CARE, INC. FOR PROVISION OF
DAY CARE SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS
THAT:
That certain contract, a copy of which is attached hereto, between the City
of Wichita Falls and Child Care, Inc. , for provision of day care services at the
Martin Luther King Center, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 2nd day of October, 1984.
A YOR
ATTEST:
City Clerk
SERVICE CONTRACT
DAY (CHILD) CARE
THIS AGREEMENT, entered into on this day by
and between Child Care, Inc. , herein called the "Contractor" and the City of
Wichita Falls, Texas, herein called the "City," WITNESSETH THAT:
WHEREAS, the City desires to engage the Contractor to render certain
professional services hereafter described in connection with an undertaking
which is expected to be financed by the City.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1 . Employment of Contractor. The City hereby agrees to engage the
Contractor and the Contractor hereby agrees to perform in cooperation with the
City.
2. Area Covered. The Contractor shall perform all the necessary services
provided under this contract in connection with and respecting the incorporated
area of the City of Wichita Falls.
3. Scope of Services. The Contractor shall do, perform, and carry out in
a satisfactory and proper manner, determined by the City, the following services:
Provision of day care services in accordance with the Texas State Minimum
Standards for Day Care Centers and provision of meals in accordance with U.S.D.A.
Child Care Food Program Standards for a goal of serving fifty (50) children from
low- and moderate-income families from three (3) months to six (6) years of age.
Parents of the child must be working or in an educational or training program in
order to qualify for services. Clients will be charged a fee of 3% of their
gross monthly income per week for the first child. A minimum fee of $15.00 per
week will be charged for the first child. An additional charge of 1% will be
assessed for any number of children in the same family thereafter. The minimum fee
for a family with more than one child utilizing services will be $20.00 per week.
The client will sign a statement declaring their income with the obligation of
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notifying Child Care, Inc. of any position or income change. Every six (6) months
thereafter or upon change of income or position, Child Care, Inc. will redetermine
the client's continued eligibility for services on the basis of income. In case
of extreme financial hardships, a client may go through a special fee assessment
process approved by the Board of Child Care, Inc. The special fee assessment will
be valid for no more than three (3) months and then return to the regular fee
schedule, unless extended by the Board for not more than another three (3) months.
4. Monitoring and Evaluation. In order to monitor the effectiveness of
the contract, attainment of the following management objectives will be reported
by the 10th day of the following month to the Planning Agency:
a) an average of 50 children served each month (i .e. , list including
number of children served by address) ;
b) identify developmental and health problems of the children served
and refer them to proper assisting agency as needed;
c) supply nutritional meals and snacks to children in accordance with
U.S.D.A. standards.
5. Budget. In performing the services called for under provisions of the
Contract, Contractor shall conform expenditures to the budget attached hereto and
incorporated herein by this reference and marked as "Exhibit A. " In addition,
expenditures under this Contract must conform with all applicable HUD regulations.
6. Personnel .
a) The Contractor represents that he has , or will , secure all
personnel required in performing the services under this Contract. Such personnel
shall not be employees of or have any contractual relationship with the City.
b) All of the services, required hereunder, will be performed by
the Contractor or under its supervision, and all personnel engaged in the work shall
be fully qualified and shall be authorized under State and local laws to perform
such services.
c) None of the work or services covered by this Contract shall be
EXHIBIT A
Proposed Budget
Martin Luther King Child Care Center
October 1, 1984 - September 30, 1985
Services for a goal of 50 children
Salaries:
Center Director 11,520
Teacher-Assistant Director 8,736
Teacher 8,320
Nursery Supervisor 11,232
4 Child Care Aides 29,120
Cook 5,928
Substitutes 4,690
79,546
Estimated Underutilization 2, 165)
77,381
Fringe Benefits:
FICA, TEC Workers Comp. , Health 16,354
Total Center Salaries & Fringes 93,735
Administrative Salaries:
Executive Director--10% 3,631
Bookkeeper--10% 1,818
Secretary--2.5% 296
Social Services Coordinator--5% 803
Program Coordinator--5% 841
7,389
Fringe Benefits 1,011
Total Administrative Salaries & Fringes 8,400
In-town Travel 264
Equipment 600
Office Supplies 250
Postage 30
Building & Grounds Supplies 1,450
Medical Supplies 50
Educational Supplies 1,400
Periodicals & Books 50
Food 11,500
Telephone 560
Administrative Office Rent--10% 686
Center Rent 17,040
Audit 1,000
Insurance 450
Equipment Repair 150
Care of Building & Grounds 50
Staff Training 260
Use of Administrative Office Equipment,
Misc. Supplies, and Van 900
36,690
Total Expenses 138,825
Parent Fees 44,000)
USDA Child Care Food Program Reimbursement 19,825)
CDBG Request 75,000
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subcontracted without the prior written approval of the City.
7. Time of Performance. The services of the Contractor are to commence
October 1 , 1984. All of the services required hereunder shall be completed by
September 30, 1985.
8. Compensation. The Planning Agency agrees to pay the Contractor a sum
not to exceed $75,000.00 for the services provided herein.
9. Method of Payment. The first payment will be made in advance equal to
an estimate of the first three months ' normal operating expenditures not covered by
client fees . Each month 's payment, after the first month, will be equal to the
actual normal operating expenditures of the previous month not covered by client
fees. The Contractor will submit documentation of monthly expenditures to the
Planning Agency.
10. Establishment and Maintenance of Records . The Contractor shall
establish and maintain records in accordance with requirements prescribed by the
City with respect to all matters covered by this Contract. The Contractor shall
retain such records for a period of three years after receipt of the final payments
under this Contract or termination of this Contract.
11 . Documentation of Costs . All costs shall be supported by properly
executed payrolls, time records, invoices, contracts, voucher, orders, and/or
other accounting documents. Any of the above related in whole or in part to this
Contract shall be clearly identified and readily accessible.
12. Termination of Contract for Cause. If, through any cause except for
fault of City, the Contractor shall fail to fulfill in timely and proper manner
his obligations under this Contract, or if the Contractor shall violate any of
the covenants, agreements, or stipulations of this Contract, the Planning Agency
shall thereupon have the right to terminate this Contract by giving written notice
to the Contractor of such termination and specifying the effective date thereof,
at least five (5) days before the effective date of such termination. The Contractor
shall be entitled to receive just and equitable compensation for any satisfactory
work completed prior to such termination.
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Notwithstanding the above, the Contractor shall not be relieved of liability
to the City for damages sustained by the Planning Agency by virtue of any breach
of the Contractor, and the City may withhold any payments to the Contractor for
the purposes of setoff until such time as the exact amount of damages due the
Planning Agency from the Contractor is determined.
13. Termination for Convenience of Planning Agency or Contractor. If either
party to this agreement should desire to terminate it prior to the date of
expiration, they may do so by giving sixty (60) days ' notice in writing to the
other party of their intention to terminate this agreement; otherwise, this
agreement shall continue in full force and effect until the expiration of the term
set out above.
14. Termination of Contract for Cause by the Contractor. If work is
stopped for a period of thirty (30) days by the Planning Agency, or as a result of
an act of government, such as a declaration of a national emergency, through no
act or fault of the Contractor, then the Contractor may, upon seven (7) additional
days ' written notice to the Planning Agency, terminate the Contract and recover
from the Planning Agency payment for all work executed.
15. Changes. The Planning Agency may, from time to time, require changes
in the scope of services of the Contractor to be performed hereunder. Such changes
including any increase or decrease in the amount of the Contractor's compensation,
deviations in project schedule, and/or work scope which are mutually agreed upon
by and between the Planning Agency and the Contractor shall be incorporated in
written amendments to this Contract.
16. Equal Employment Opportunity.
a) The Contractor will not discriminate against any employee or
applicant for employment because of age, race, color, religion, sex or national
origin. The Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment, without regard to their
age, race, color, religion, sex or national origin. Such actions shall include,
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but not be limited to the following: employment, upgrading, demotions, or
transfers, recruitment or recruitment advertising; layoffs or terminations, rates
of pay or other forms of compensation; selection for training including apprentice-
ship; and participation in recreational and educational activities. The Contractor
agrees to post in conspicuous places available to employees and applicants for
employment, notices to be provided setting forth the provisions of this non-
discrimination clause. The Contractor will in all solicitations or advertisements
for employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to age, race,
color, religion, sex or national origin. The Contractor will cause the foregoing
provisions to be inserted in all subcontracts for any work covered by this Contract
so that such provisions will be binding upon such subcontractors provided that
the foregoing provisions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
b) The Contractor shall keep such records and submit such reports
concerning the racial and ethnic origin of applicants and employees as the Planning
Agency may require.
c) The Contractor agrees to comply with such rules, regulations, or9PY9
guidelines as the Department of Housing and Urban Development (HUD) may issue to
implement this project.
17. Interest of City and Others . No officer, or employee of the City
and no members of its governing body of the locality or localities in which the
Project is situated or being carried out who exercises any functions or responsi-
bilities in the review or approval of the undertaking or carrying out of this
Project, shall participate in any decisions relating to this Contract which affects
his personal interest or the interest of any corporation, partnership, or
association in which he is, directly or indirectly, interested or has any personal
or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof.
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18. Assignability. The Contractor shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or notation), without the prior written consent of the Planning Agency thereto:
Provided, however, that claims for money due or to become due to the Contractor
from the Planning Agency under this Contract may be assigned to a bank, trust
company, or other financial institution without such approval , notice of any such
assignment, or transfer shall be furnished promptly to the Planning Agency.
19. Interest of Contractor. The Contractor covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of services required
to be performed in this Contract. The Contractor further covenants that in the
performance of this Contract no person having any such interest shall be employed.
20. Audits and Inspections. Not later than October 1 , 1985, Contractor
will at its own expense employ an independent Certified Public Accountant, approved
by the City, to audit books and records of Contractor upon conclusion of the
1984-85 fiscal year (September 30, 1985) . Within sixty (60) days after the end of
the 1984-85 fiscal year, an audit report of the services covered under this
Contract together with an auditor's opinion that the financial records are kept
in conformity with generally accepted accounting principles, practices, procedures
and standards (as defined by the American Institute of Certified Public
Accountants) and the audit presents fairly the financial position of the Contractor
with respect to this Contract. In addition, the City and/or HUD shall retain the
right at all reasonable times during business hours, to inspect and/or audit
all records and books of Contractor.
IN WITNESS WHEREOF, City and the Contractor have executed this agreement as
of the date first above written.
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James Berzina, City Manager
President - Board of Directors
ATTEST:ATTEST:
Wilma J. Thomas, City Clerk