Res 2857 9/29/1981RESOLUTION NO. 04 7
WHEREAS, the need for continuance of the day care services was advocated
during neighborhood meetings for the 1981-82 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 $95,000.00
from FY 1981-82 CDBG Program funds; and
WHEREAS, the negotiation of an agreement with Child Care, Inc. will
provide for the 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 the day
care services in the Martin Luther King Center for an amount not to exceed
95,000.00.
PASSED AND APPROVED THIS THE 29th day of September 1981.
MAY O R
ATTEST:
CITY CLERK
Page 2 of 9 Pages
Agenda Item No.
SERVICE CONTRACT
CHILD CARE, INC.
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 "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 must reside in
Planning Sector 2, which contains Census Tracts 103, 104, and 105. 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 2% of their gross monthly
income per week for the first child. An additional charge of 12% will be assessed
for any number of children in the same family thereafter. The client will sign a
statement validating their income with the obligation of notifying Child Care, Inc.
of any position or income change. Every six (6) months or upon change of income
or position, Child Care, Inc. will validate the client's income statement through
contacting the client and receiving a pay stub from the employer. 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.
Page 3 of 9 Pages `
Agenda Item No.
2-
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 45 children served each month primarily in
Target Sector 2 (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.
4. 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 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
laws 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
October 1, 1981. All of the services required hereunder shall be completed by
September 30, 1982.
6. Compensation. The Planning Agency agrees to pay the Contractor a
sum not to exceed $95,000 for the services provided herein.
Page 4 of 9 Pages
Agenda Item No.
3-
The Contractor will continue to search for additional funding from
other agencies in order to support child care services. Bi-monthly documentation
as to the status of the search will be reported to the Planning Agency.
7. Method of Payment. The first payment will be made in advance equal
to an estimate of the first month's normal operating expenditure 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.
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 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 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.
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 (60) days notice in writing to the
Page 5 of 9 Pages
Agenda Item No.
4-
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.
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 appli-
cant 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,
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
Page 6 of 9 Pages
Agenda Item No.
5-
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, 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,
Page 7 of 9 Pages
Agenda Item No.
6-
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. 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.
IN WITNESS WHEREOF, the Planning Agency and the Contractor have executed
this agreement as of the date first above written.
Stuart A. Bach, City Manager Ellen Dean, President - Board of
Directors
ATTEST: ATTEST:
Page 8 of 9 Pages
Agenda Item No.
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Page 9 of 9 Pages
Agenda Item No.