§ 11-21. Expenditures of Denver preschool tax to be made by contract with non-profit corporation.

(a)

Expenditures of the Denver preschool tax for early childhood education programs and services shall be made pursuant to an agreement between the city and a Colorado non-profit corporation meeting the requirements set forth in this section, which agreement shall define the obligations of the corporation in consideration of such funding. The agreement shall be administered on behalf of the city by the manager of revenue and any expenditure under the agreement shall be subject to audit by the auditor for compliance with the requirements of this article and of the agreement.

(b)

Any non-profit corporation with which the city may contract pursuant to this article shall meet the following criteria and requirements:

(1)

The corporation shall be duly incorporated and in good standing under the Colorado Revised Nonprofit Corporation Act, shall be a separate and distinct legal entity from the city, shall be deemed an independent contractor of the city, and shall not be considered a department or agency of the city. The corporation shall have the authority to contract in its own name and to hire its own employees who shall not be considered officers or employees of the city.

(2)

The sole purpose of the corporation as reflected in the corporation's articles of incorporation shall be to administer the Denver preschool program under contract with the city in accordance with the requirements of this article and all applicable laws.

(3)

The corporation's articles of incorporation shall provide for a board of directors with a minimum of eleven (11) and a maximum of fifteen (15) members. One (1) member of the board shall be a member of the city council appointed by the city council. The remaining members shall be appointed by the mayor and confirmed by the city council. Members of the board shall be appointed to staggered three-year terms of office and may service no more than three (3) terms. Members of the board shall serve without compensation, but may be reimbursed for actual and necessary expenses. The articles of incorporation shall provide criteria and qualifications for membership on the board of directors sufficient to ensure a cross-section of representation by early childhood education providers, education advocates and experts, parents, and members of the business and non-profit communities.

(4)

The records of the corporation shall be treated as public records and subject to the provisions of the Colorado Open Records Act, C.R.S. § 24-72-201 et seq., as amended. Meetings of the board of directors and the board of advisors shall be treated as public meetings subject to the provisions of the Colorado Open Meetings Law, C.R.S. § 24-6-401 et seq., as amended.

(Ord. No. 556-06, § 6, 8-7-06; Ord. No. 449-14, § 6, 8-11-14)