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Res 2694 12/16/1980RESOLUTION NO. G7`(C WHEREAS, the need for day care services was advocated during neighbor- hood meetings for the 1980-81 CDBG program; and WHEREAS, Child Care, Inc. submitted a proposal to provide day care services in the Martin Luther King Center; and WHEREAS, the Board of Aldermen agreed to provide a maximum of $100,000.00 from FY 1980-81 CDBG Program funds; and WHEREAS, the negotiation of an agreement with Child Care, Inc. will provide for day care services in the Martin Luther King Center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Stuart Bach, City Manager, is authorized to execute a contract, a copy of which is attached hereto, with Child Care, Inc. for the provision of day care services in the Martin Luther King Center for an amount not to exceed $100,000.00. PASSED AND APPROVED THIS THE 16th day of December 1980. MAYOR ATTEST: CITY CLERK Page 2 of 10 Pages Agenda Item No. 5.g. SERVICE CONTRACT CHILD CARE, INC. THIS AGREEMENT, entered into on this by and between Child Care, Inc. , herein called the "Contractor" and the City of Wichita Falls, Texas, herein called the "Planning Agency", WITNESSETH THAT: WHEREAS, the Planning Agency 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 Planning Agency. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency. 2. Area Covered. The Contractor shall perform all the necessary services provided under this contract in connection with and respecting the following area: the incorporated area of the City of Wichita Falls, particularly respecting the needs of Planning Sector 2, as shown on the attached map. 3. Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, determined by the Planning Agency, 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 forty-five 45) children from low and moderate income families from three (3) months to six (6) years of age. Seventy-five percent (75%) of the children served will reside in Planning Sector 2, which contains Census Tracts 103, 104, and 105. The provision of such services will include: a) purchase of necessary equipment and supplies, b) building modifications necessary to convert a wing of Martin Luther King Center into an area suitable for a day care center. Page 3 of 10 Pages Agenda Item No. 5.g. 2- c) operational costs not covered by fees. 4. Personnel. a) The Contractor represents that he has, or will, secure all personnel required in performing the services under this contract. Such person- nel shall not be employees of or have any contractual relationship with the Planning Agency. 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 law to perform such services. c) None of the work or services covered by this contract shall be subcontracted without the prior written approval of the Planning Agency. 5. Time of Performance. The services of the Contractor are to commence on or prior to January 1,1981. All of the services required hereunder shall be completed by September 30, 1981. The Contractor shall also present a monthly progress report by the fifth day of the following month to the Planning Agency which will list the number of children served by address. 6. Compensation. The Planning Agency agrees to pay the Contractor a sum not to exceed $100,000, less the total amount paid to the Contractor prior to the date of this contract for the servics to be provided herein. 7. Method of Payment. The first"payment will be made in advance based on an estimate of the first month's normal operating expenditures. Each month's payment, after the first mont4, will be based on the actual normal operating expenditures of the previous month. The Contractor will submit documen- tation of monthly expenditures to the Planning Agency. 8. Termination of Contract for Cause. If, through any cause except for fault of Planning Agency, the Contractor shall fail to fulfill in timely and proper manner his obligations under.this contract, or if the Contractor shall Page 4 of 10 Pages Agenda Item No. 5.g. 3-- 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. Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the contract by the Contractor, and the Planning Agency may with- hold 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. 9. 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 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. 10. 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. 11. Changes. The Planning Agency may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Page 5 of 10 Pages Agenda Item No. 5.g. 4- 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. 12. Equal Employment Opportunity. a) The Contractor will not discriminate against any employee or applicant for employment because of 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 race, color, religion, sex or national origin. Such actions shall include, 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 apprenticeship; 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 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, Page 6 of 10 Pages Agenda Item No. 5.g. 5- or guidelines as the Department of Housing 'and Urban Development (HUD) may issue to implement this project. 13. Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency 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 responsibilities 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, direct or indirect, in this contract or the proceeds thereof. 14. 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. 15. 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. 16. Officials Not to Benefit. o membersembers of or delegate to the Congress of the United States of America, and no resident commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. Page 7 of 10 Pages Agenda Item No. 5.g. 6_ 17. Identification of Documents. All reports and other documents completed as a part of this contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page : The preparation of this report, document, etc. was financed by the City of Wichita Falls with Community Development Block Grant funds, together with the date month and year) the document was prepared. 18. Publication, Reproduction and Use of Material. No material produced in whole or in part under this contract shall be subject to copyright in the United States or in any other country. The Planning Agency, HUD, and Contractor shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this contract. 19. Audits and Inspections. At any time during normal business hours as often as the Planning Agency or HUD may deem necessary, there shall be made available to the Planning Agency or HUD for examination all of its records with respect to all matters covered by this contract and will permit the Planning Agency or HUD to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this contract. It is understood that the Contractor's accounting system is based upon the requirements of the Federal Procurement Regulation and Cost Accounting Standards. Page 8 of 10 Pages Agenda Item No. 5.g. tL` 7_ IN WITNESS WHEREOF, the Planning,,kency and the Contractor have executed this agreement as of the date first above written. Stuart Bach, City Manager Ellen Dean, President - Board of Directors ATTEST: ATTEST: Page 9 of 10 Pages Agenda Item No. 5.g. 4 Y CITY OF WICHITA FALLS SECTOR LOCATION i1 LIMITS 13 L v 000pj 12 t Ull I0 AkA voMry Of I P WA F RU Si L• 14 CITY LIMA i+ OLD L's IINY 26, N 11 2 I. P tJ 1\ R v E8 40001to, G cg. I 3 Y Y I 0 I NORTH L tr 10 1[3 4 0. 1 LANSING RD P P Z SPEEDWAY o os 82-787QwHOLLWAY--- g - LAWRENCE /_,Y1 W. ii c4, 01-t '1t+ N DJ 6µ HAMPSTEAD m CITY • LIMITS 6 I r 4 7 0 12 5 SOU.THW EST Y 1-,WY Y cn N N / J r. rs u/ T744KEW(I Page 10 of 10 Pages Agenda Item No. 5.g.