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HomeMy WebLinkAbout1998-340ORDINANCE NO �711 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2228 — CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS AWARDED TO SERVICES PROGRAM FOR AGING NEEDS, INC IN THE AMOUNT OF $26,000 00) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for materials, equipment, supplies, or services, described in the `Bid Proposals" on file in 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 bids for such items BID ITEM NUMBER NO CONTRACTOR AMOUNT 2228 ALL SERVICES PROGRAM FOR $26,000.00 AGING NEEDS, INC. SECTION II That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above competitive bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the od day of A /! A4' ,1998 JACI LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY 0-1 Wwl I� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY444(At� I-/- C�-J' 2228 CONGREGATE & HOME DELIVERED MEAL CONTRACT ORDINANCE M -hail �ucek - 1998 -1999 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS, INC (Bid # 2228) This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Services Program for Aging Needs, Inc , a non-profit corporation, 1800 Malone, Denton, Texas 76201, hereinafter referred to as "Organization", WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for services and has determined that Organization 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 services merits assistance and can provide needed services to citizens of City and has provided funds in Its budget for the purpose of paying for contractual services, NOW, THEREFORE, the parties hereto mutually agree as follows I SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used A To provide congregate and home -delivered meals to elderly citizens at the Denton Senior Center and the Eldercenter at the American Legion Hall Organization shall perform those services described in the Work Statement herein attached as Exhibit A II OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions A Twenty-six Thousand Dollars ($26,000) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein Organization shall not utilize these funds for any other purpose �. _ -- _______ _ _- ._ Bucek -SPAN{#2228) doc _ _ _ Page 2 Michael B It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program C It will permit authorized officials of City to review its books at any time D It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted E It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement F It will promptly pay all bills when submitted unless there is a discrepancy in a bill, any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction G It will appoint a representative who will be available to meet with City's Executive Director of Finance and other City officials when requested H It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors It will submit to City copies of year-end audited financial statements III TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame October 1, 1998 through September 30, 1999, unless the contract is sooner terminated under Section VI "Suspension or Termination" IV COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A, CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U S Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P L 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570 The foregoing is in no way meant PAGE 2 f Michael kucek - SPAN(#2228)�Agq__ u to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow CONTRACTOR further accrues and certifies that if the regulations and Issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Agreement CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos A-110 and A-122 B CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton V REPRESENTATIONS A CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to, enter into this Agreement B The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth C CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section D, CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services] or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed VI COVENANTS A, During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior PAGE 3 Michael Bucek - SPAN(#?gg8) doc Page 4 written consent of the Community Development Administrator or her authorized representative (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due (3) Sell, convey, or lease all or substantial part of its assets (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer B Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR 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 CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of the fair market value of this property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property C CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Office VII PAYMENTS A Payments to Organization City shall pay to Organization a maximum amount of money not to exceed Twenty-six Thousand Dollars ($26,000) for services rendered under this Agreement City will pay these funds on a reimbursement basis to PAGE 4 Michael Bucek - SPAN�#2228) doC _ � __�� f TTf �- �� Page 51 Organization within twenty days after City has received supporting documentation Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding B Excess Payment Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines 1) has resulted in overpayment to Organization, or 2) has not been spent strictly in accordance with the terms of this Agreement, or 3) is not supported by adequate documentation to fully justify the expenditure C Organization's reimbursement request for any one month period will not exceed one -fifth (1/5) of any budgeted line items for costs as specified in Exhibit B D Deobligation of Funds In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City (hereby reserves the right to reappropriate or recapture any such under expended funds E Contract Close Out Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period Organization shall utilize the form agreed upon by City and Organization VIII MAINTENANCE OF RECORDS A CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law CONTRACTOR shall include the substance of this provision in all subcontracts B, CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified PAGE 5 Michael Bucek - SPANL#2228) doc m y _ Page 6� by CITY C Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement D At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of Its 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, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives IX REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months The beneficiary report shall detail client information, including race, Income, female head of household and other statistics required by CITY The financial report shall include Information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Agreement Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners with ten (10) days after receipt of such V EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored Organization agrees to make available its financial records for review by City at City's discretion In addition, Organization agrees to provide City the following data and reports, or copies thereof A All external or Internal audits Organization shall submit a copy of the annual Independent audit to City within ten (10) days of receipt B All external or internal evaluation reports C C Quarterly performance/beneficiary reports to be submitted in January, April, PAGE 6 Michael B6cek - SPAN(#222s) doc Y T Page 7 July and September, to Include such Information as requested by the City's Community Development Division Including but not limited to number of persons or households assisted, race, gender, disability status and household Income D Organization agrees to submit quarterly financial statements in January, April, July, and September Each statement shall Include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances E An explanation of any major changes in program services F To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City G Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement VI DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval XII SUSPENSION OR TERMINATION A The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization 's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement PAGE 7 Pa e 8 Michael BucekY- SPAN(#2228) doc B The City may terminate this Agreement for convenience at any time If this Agreement is terminated for convenience by the City, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance In case of termination, Organization will remit to City any unexpended City funds Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement XIII PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination Such personnel policies shall A Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel, and B Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY VIII EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement B Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations C Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations D In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or PAGE 8 .m Michael Bucek - SPAN(#2228) doc Page 9 in part, and Organization may be barred from further contracts with City XV WARRANTIES ORGANIZATION represents and warrants that A All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City B Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization C No litigation or legal proceedings are presently pending or threatened against Organization D None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization E Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement F None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment XVI CHANGES AND AMENDMENTS A Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used B Organization may not make transfers between or among approved line - items within budget categories set forth in Exhibit B without prior written approval of the PAGE 9 I Michael Bucek -SPAN(#2228) doc y LL uLL Page 10 Community Development Administrator for the City Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement In addition, (budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement C Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B D It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation E City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section F Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City G Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change H Organization shall notify City of any changes in personnel or governing board composition I It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted XVII NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action Such notice shall state the date and hour of notification of any such claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding, the basis of such claim, action PAGE 10 FMEi Gel 8ucek-SPAN(#2228) doc f T-== = _-=�= = -_ - _ _ _ Page 11 or proceeding, and the name of any person(s) against whom such claim is being made or threatened Such written notice shall be delivered either personally or by mail XVIII 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 liability 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 resulting in 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, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of 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 employees XIX INSURANCE A Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement B The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements C Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable D Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability insurance Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files PAGE 11 j.Mi6ia i Bucek - 'SPAN (#2228) 9( Page j E Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization F The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation XX CONFLICT OF INTEREST A Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body B Organization further covenants that no member of its governing body or its staff, subcontractors 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 gain for himself/herself, or others, particularly those with which he/she has family, business, or other ties C No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof XXI NEPOTISM Organization shall not employ in 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 of Organization's governing board The term "member of immediate family" includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step -child, half-brother and half-sister XXII NOTICE Any notice or other written instrument required or permitted to be delivered under PAGE 12 a Michael Bucek --SPAN(#2228) 9d 9,, _ u� Page 13 the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mad, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses CITY City of Denton, Texas Attn City Manager Inc 215 E McKinney Denton, TX 76201 ORGANIZATION Director Services Program for Aging Needs, 1800 Malone Denton, Texas 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested XXIII MISCELLANEOUS A Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City B If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto C In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved No representative or agent of City may waive the effect of this provision D This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement PAGE 13 Michael~Suceky SPAN(#2228) doc _ � � � y _ Page 14 E In the event any disagreement or dispute should arise between the parties hereto pertaining 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 compliance, will have the final authority to render or to secure an interpretation F This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas IN WITNESS WHEREOF, ing parties do he affix their signatures and enter into this Agreement as of the �_ day of e he/', 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY B APP VED S TO LEGAL FORM HERBERT PROUTY, CITY ATTORNEY BY &44U 6` CITY OF DENTON, TEXAS BY JAC LER, MAYOR SERVICES PROGRAM FORAGING NEEDS, INC An (' �llchael'Bucek - SPAN(#2228) doc .... Page 15 DIRECTOR ATTEST Jk�-�P,4IBY BOARD SECRETARY Michael Bucek - SPAN(#2228) doc 4 Page 16 l City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 1998-99 Maximum Income Levels Family Size Moderate Income 80%-66%AMI Low Income 65%-51%AMI Very Low Income 50%-31%AMI Extremely Low Income 30% & Below AMI 1 $30,450 - $24,751 $24,760 - $19,051 $19,050 - $11,401 $11,400 or Below 2 $34,800 - $28,301 $28,300 - $21,751 $21,750 - $13,051 $13,050 or Below 3 $39,150 - $31,851 $31,850 - $24,501 $24,500 - $14,701 $14,700 or Below 4 $43,500 - $35,351 $35,350 - $27,201 $27,200 - $16,301 $16,300 or Below 5 $47,000 - $38,201 $38,200 - $29,401 $29,400 - $17,651 $17,650 or Below 6 $50,500 - $41,001 $41,000 - $31,551 $31,550 - $18,951 $18,950 or Below 7 $53,950 - $43,901 $43,900 - $33,751 $33,750 - $20,251 $20,250 or Below 8 $57,450 - $46,651 $46,650 - $35,901 $35,900 - $21,551 $21,550 or Below Source U S Department of Housing and Urban Development Effective October 1, 1998 hllchael 9ucek - SPANS#2228� doc mm EXHIBIT "A" WORK STATEMENT SPAN SPAN will provide congregate and home -delivered meals to elderly citizens at the Denton Senior center, American Legion Hall, and Heritage Oaks Community Center Pale 17J t Michael 8ucek -SPANS#2228) doc � - �e 18 BUDGET SPAN City of Denton funding $26,000 00 Monthly request for meals $ 2,166 66 C O M M i Y DEVELO�'w«i,l T