1999-329 ORPINANCE NO q¢%-~ ¢
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 2382 - CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS
AWARDED TO SERVICES PROGRAM FOR AGING NEEDS, INC (SPAN) IN THE AMOUNT OF
$26,000)
WHEREAS, the City has solicited, received and tabulated competitive b,ds 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
2382 ALL SPAN, INC $26,000
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, quanBtles 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 compettt~ve btds, the City Council
hereby authorizes the expenditure of funds therefor ~n the amount and ~n accordance w~th the approved b~ds
or pursuant to a written contract made pursuant thereto as authorized herein
SECTION V That th~s ordinance shall become effective lmmedmtely upon its passage and
approval
/
PASSED AND APPROVED th,s the -- day of ~_,~,~W~,999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2382 CONGREOATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS CONTRACT ORDINANCE
1999 - 2000 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
SPAN, Inc
BID//2382
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Mummpal Corporation, hereinafter referred to as "City", and SPAN, Inca non-profit
corporation, haremai~er referred to as "Organization",
WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for
services and has detenmned 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 m its budget for the purpose
of paying for contractual services,
NOW, THEREFORE, the parties hereto mutually agree as follows
1.
SCOPE OF SERVICES
Orgamzatlon shall m a satisfactory and proper manner perform the follovang tasks, for
whmh the monies provided by City may be used
A To provide congregate and home-dehvered meals to elderly citizens at the Denton
Senior Center and the Eldercanter at the American Legion Hall
Orgamzatlun shall perform those servmes described in the Work Statement herein attached
as Exhibit A
2.
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds fi.om City, Orgamzatlon agrees to the following
terms and~condltlons
A Twenty Slx Thousand Dollars ($26,000 00) may be prod 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 hereto Organization shall not utilize these funds for
any other purpose
B It will establish, operate, and mamtmn 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 wall permit authorized officials of City to rewew its books at any tame
D It wall reduce to writing all of its roles, regulations, and pohc~es and file a copy with
City's Commumty Development Office along with any amendments, additions, or remsions
whenever adopted
E It wall not enter into any contracts that would encumber C~ty funds for a period that
would extend beyond the term of this Agreement
F It wall promptly pay all bills when submitted unless there as a d~screpancy m a bill, any
errors or fl~screpunc~es m balls shall be promptly reported to City's Assistant City Manager for
Fiscal & Mtmlclpal Services, or her authorized representative, for further direction
G It wall appoint a representative who wall be avmlable to meet wath City's Assistant
City Manager for Fiscal & Mummpal Services and other City officials when requested
H It wall lndemmfy and hold harmless C~ty from any and all clmms and stats arising out
of the acttvltaes of Organization, its employees, and/or contractors
I It wall submit to C~ty copies of year-end audited financial statements
3.
TIME OF PERFORMANCE
The services funded by C~ty shall be undertaken and completed by Organization wath~n the
followang tame frame
October 1, 1999 through September 30, 2000, unless the contract ~s sooner terminated
under Section 7 "Suspension or Termination"
4.
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A Orgamzatlon understands that funds prowded to ~t pursuant to th~s Agreement are
funds which have been made avmlable to C~ty by the Federal Government (U S Department of
Housing and Urban Development) under the Housing and Community Development Act of
1974, as amended, m accordance wath an approved Grant Apphcat~on and specffic assurances
Accorchngly, Orgamzatlon assures and certifies that at will comply with the requirements of the
Housing and Commumty Development Act of 1974 (P L 93-383) as amended and with
regulatmns promulgated thereunder, and codffied at 24 CFR 570 The foregotng is m no way
meant to constitute a complete compilation of all duties imposed upon Organization by law or
admlmstrat~ve ruhng, or to narrow the standards whmh Organization must follow
PAGE 2
Orgamzatlon further accrues and certffies that ~f the regulations and issuances
promulgated pursuant to the Act are amended or revised, ~t shall comply w~th them, or not~fy
City, as promded in Section 24 of this Agreement
Organization agrees to abide by the conditions of and comply with the reqmrements of
the Office of Management and Budget Clmulars Nos A-110 and A-122
B Organization shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of Denton
$
REPRESENTATIONS
A Organ~zataon assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and officml motaon, resolution or action passed or taken, to enter mto this
Agreement
B The person or persons sagnmg and executang thas Agreement on behalf of
Orgamzatlon, do hereby warrant and guarantee that he, she, or they have been fully anthonzed
by Orgamzataon to execute thas Agreement on behalf of Orgamzatlon and to validly and legally
bind Orgamzat~on to all terms, performances and prows~ons herein set forth
C Caty shall have the right, at its option, to e~ther temporarily suspend or permanently
tenmnate this Agreement if there is a daspute as to the legal authority of either Orgamzataon or
the person sagmng the Agreement to enter into this Agreement Organization is hable to C~ty for
any money at has received from Caty for performance of the provlsaons of this Agreement if C~ty
has suspended or terminated this Agreement for the reasons enumerated m thas Sectaon
D Organization agrees that the funds and resources promded Organ~zatmn under the
terms of th~s Agreement will m no way be substituted for funds and resources from other
sources, nor an any way serve to reduce the resources, servmes, or other benefits wluch would
have been avaxlable to, or provided through, Organization had tlus Agreement not been executed
6.
COVENANTS
A Dunng the period of time that payment may be made hereunder and so long as any
payments remain unhqmdated, Orgamzatlon shall not, without the prior written consent of the
Communaty Development Admmastrator or her authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of Organization now owned or hereafter acqmred by ~t, or permit any pre-
existing mortgages, hens, or other encumbrances to remmn on, or attached to, any assets
PAGE 3
of Organization wtuch are allocated to the performance of this Agreement and with
respect to which City has ownershap hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables,
notes or clmms 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 prod to Organization by City, unless City authonzas such transfer
B Should Orgamzatlon use funds received under this Agreement to acquire or improve
real property under Organization's control, Organization 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 Orgamzatlon transfer or otherwise dispose of said property on or
before August 31, 2006, Orgamzatlon 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 acqmsitlon of, or improvement to, the property
C Organization agrees, upon written request by C~ty, to require its employees to attend
trmmng sosslons sponsored by the Commumty Development Office
7
PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Organization a maximum amount of
money not to exceed $26,000 00 for services rendered under this Agreement City will pay these
funds on a reimbursement basis to Organization within twenty days after C~ty has received
supportmg documentation Organization's failure to request reimbursement on a timely basis,
may jeopardize present or future fundmg
B ExcEss PAYMENT Orgamzatlon shall refund to C~ty w~th~n ten workang 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
PAGE 4
3) is not supported by adequate documentation to fully justify the expenditure
C Orgamzat~on's reimbursement request for any one month period will not exceed one-
fifth (1/5) of any budgeted line atems for costs as spemfied in Exfubat B
D DEOBLIGATION OF FUNDSfI~VERSlON OF ASSETS In the event that actual expenditures
deviate from Orgamzataon's prows~on of a corresponding level of performance, as specified in
Exhibit A, City hereby reserves the right to reappropnate or recapture any such under expended
funds If Caty finds that Organization as unwilling and/or unable to comply w~th any of the terms
of th~s Contract, City may require a refund of any and all money expended pursuant to this
Contract by Organazataon, as well as any remmmng unexpended funds which shall be refunded to
City within ten working days of a written not,ce to Organization to revert these financial assets
The reversaon of these financial assets shall be xn addition to any other remedy available to C~ty
eather at law or m eqmty for breach ofthxs Contract
E CONTRACT CLOSE OUT Organazataon shall submit the contract close out package to
Ctty, together wath a final expendature report, for the t~me period covered by the last invoice
requesting reambursement of funds under this Agreement, w~thln 15 worlang days followang the
close of the contract period Organazation shall utd~ze the form agreed upon by C~ty and
Organazat~on
8.
MAINTENANCE OF RECORDS
A Organlzatmn agrees to maintain records that wall prowde accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement, in comphance
with the promslons of Exfublt B, attached hereto, and w~th any other apphcable Federal and State
regulations estabhshmg standards for financml management Organazatmn's record system shall
contmn sufficient documentatmn to provide ~n detail full support and justfficatmn for each
expendature Notfung m this Sectmn shall be construed to rehevc Orgamzatmn of fiscal
accountability and llablhty under any other provaslon of this Agreement or any applicable law
Orgamzatlon shall include the substance ofth~s provls~on in all subcontracts
B Organization agrees to retmn all books, records, documents, reports, and written
accounting procedures pertammg to the operation of programs and expenditures of funds under
th~s Agreement for five years and under the conditions specified by C~ty
C Nothing in the above subsections shall be construed to relieve Organization of
responsthfllty for retalmng accurate and current records which clearly reflect the level and
benefit of services promded under tlus Agreement
D At any reasonable time and as often as City may deem necessary, the Organlzataon
shall make avmlable to Caty, HUD, or any of thear authorized representatives, all of ats records
PAGE 5
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 smd
representatives
9
REPORTS AND INFORMATION
At such times and in such form as C~ty may require, Organization shall furnish such
statements, records, data and mformatlon as City may request and deem pertmant to matters
covered by this Agreement
Organization shall subnnt quarterly benefimary and financial reports to C~ty no less than
once each three months The banefielary report shall detail client information, including race,
~ncome, female head of household and other statistics required by City The financial report shall
include information and data relatave to all programmatic and financial reporting as of the
begmmng date specified m Section 1 of this Agreement
Unless a written exemption has been granted by the City, Organization shall submit an
audit conducted by independent examiners with ten days after receipt of such
10.
EVALUATION
Orgamzatlon agrees to partmlpate in an lmplementatmn and maintenance system whereby
the services can be continuously momtored Organlzataon agrees to make available ~ts financial
records for review by City at City's chseretmn In add~tmn, Organization agrees to provide City
the following data and reports, or copies thereof
A All external or internal audats 0rgamzat~on shall submit a copy of the annual
independent audit to City within ten days of receipt
B All external or internal evaluation reports
C Quarterly performance/beneficiary reports to be submitted ~n January, April, July and
September, to include such information as requested by the City's Community Development
D~vlslon meludmg but not limited to number of persons or households assisted, race, gender,
disability, status and household income
D Organization agrees to submit quarterly financml statements in January, April, July,
and September Each statement shall include current and year-to-date period accounting of all
revenues, expenditures, outstanding obhgatlons and beginning and ending balances
E An explanation of any major changes in program services
PAGE 6
F To comply with tins section, Orgamzation agrees to mmntam records that will provide
accurate, ctm'ent, separate, and complete disclosure of the status of funds received and the
services performed under this Agreement Organization's record system shall contmn sufficient
documentation to provide in detail full support and justification for each expenditure
Organization agrees to retmn 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 Nothang in the above subsections shall be construed to relieve Organization of
responsiblhty for retammg accurate and current records which clearly reflect the level and
benefit of serwces provided under this Agreement
11
DIRECTORS' MEETINGS
Dunng the term of tins 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 working days of approval
12
SUSPENSION OR TERMINATION
A The City may terminate tins Agreement w~th cause if the Organlzatmn violates any
covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing
of bankruptcy, dissolution, or reeeiversinp, or the Organizatmn's violation of any law or
regulation to winch it is bound under the terms of this Agreement
B The City may terminate tins Agreement for convenience at any time If this Agreement
~s terminated for convenience by the City, Organization will be prod 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 fundmg and specify a reasonable date for compliance
PAGE 7
In case of tenmnat~on, Orgamzatlon will remit to City any unexpended Clty funds
Acceptance of these funds shall not constitute a waver of any clann C~ty may otherwise have
arising out of th~s Agreement
13
PERSONNEL POLICIES
Personnel pohcles shall be established by Orgamzatlon and shall be available for
examlnataon Such personnel pohcaes shall
A Be no more liberal than C~ty's personnel pohc~es, procedures, and practices, including
pollcaes with respect to employment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel, and
B Be m writing and shall be approved by the governing body of Organization and by
Cny
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Orgamzatlon will subnnt for City approval, a written plan for comphance with the
Equal Employment and Affirmative Action Federal provisions, within 120 days of the effective
date ofth~s Agreement
B Orgamzat~on shall comply with all applicable equal employment opportnn~ty and
affirmative action laws or regulations
C Organization will furnish all ~nformatlon and reports requested by City, and will
permit access to ~ts books, records, and accounts for purposes of lnvestlgatmn to ascertain
comphance w~th local, State and Federal rules and regulations
D In the event of Orgamzat~on's non-comphance with the non-d~scnm~natlon
reqmrements, the Agreement may be canceled, tenmnated, or suspended in whole or ~n part, and
Organization may be barred from further contracts w~th C~ty
15.
WARRANTIES
Orgamzat~on represents and warrants that
A All mformat~on, reports and data heretofore or hereafter requested by C:ty and
furnished to C~ty, are complete and accurate as of the date shown on the reformat:on, data, or
report, and, s~nce that date, have not undergone any slgmficant change without wntten notice to
C~ty
PAGE 8
B Any supporting financial statements heretofore requested by City and furmshed 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 smd data, there has been no material change, adverse or otherwise, m the financial
condition of Organization
C No litigation or legal proceedings are presently pending or threatened agtunst
Orgamzatlon
D None of the provisions herein contravenes or is in conflict with the authority
under wtuch Organization is doing busmess or with the provisions of any existing indenture or
agreement of Orgamzatlon
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 ofttus 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
16.
CHANGES AND AMENDMENTS
A Any alterations, addit~ons, 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 hneqtems
wltlun budget categories set forth in Exhibit B without prior written approval of the Community
Development Admmastrator for the City Organization shall request, an writing, the budget
revision in a form prescribed by City, and such request for revision shall not increase the total
monetary obhgatlon 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
PAGE 9
D It is understood and agreed by the parties hereto that changes m the State, Federal
or local laws or regulations pursuant hereto may occur durang the term of this Agreement Any
such modifications are to be automatically incorporated anto this Agreement without written
amendment hereto, and shall become a part of the Agreement on the effectave date specified by
the law or regulation
E City may, from tame to time durang the term of the Agreement, request changes in
Exhibit A which may include an increase or decrease an the amount of Orgamzat~on's
compensation Such changes shall be incorporated In a written amendment hereto, as provided
an Subsection A of this Section
F Any alterations, deletions, or additions to the Contract Budget Detml aneorporated
m Exhibit B shall requare 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 30 calendar days m advance of the change
H Orgamzatlon shall notify C~ty of any changes an personnel or governing board
compositaon
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 saad programs wall be
permitted
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any chum, demand, stat or other actaon is made or brought by any
person(s), firm corporation or other entity against Organization, Organlzatlon shall give written
notice thereof to City wlttun two workmg days after being notified of such claim, demand, stat or
other action Such notice shall state the date and hour of notification of any such claim, demand,
suat 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 proceechng,
the basas of such clatm, action or proeeerhng, and the name of any person(s) agamst whom such
claim is being made or threatened Such written notice shall be delivered either personally or by
mall
18.
INDEMNIFICATION
A. It is expressly understood and agreed by both part,es hereto that Caty as
contracting with Organization as an independent contractor and that as such,
Orgamzation 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
PAGE 10
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 ~ts agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and hablhty arising out of the
use of these contracted funds and program admlmstratlon and implementation except to
the extent caused by the willful act or omission of C~ty, its agents or employees.
19.
INSURANCE
A Orgamzatlon shall observe sound business practmes w~th respect to prowdmg such
bonding and insurance as would prowde adequate coverage for serwces offered under this
Agreement
B The premises on and in which the actlwt~es described m Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise habthty ~nsurance,
commonly referred to as "Owner/Tenant" coverage w~th C~ty named as an addmonal insured
Upon request of Organization, City may, at ~ts sole discretion, approve alternate insurance
coverage arrangements
C Organization will comply with applicable workers' compensation statutes and will
obtmn employers' hablhty coverage where avalable and other appropriate habthty coverage for
program participants, if applicable
D Organization will mmntmn adequate and continuous habthty insurance on all vehicles
owned, leased, or operated by Organization All employees of Organization who are required to
drive a vehmle in the normal scope and course of their employment must possess a vahd Texas
Driver's hcense and automobile habfllty ~nsurance Ewdence of the employee's current
possession of a valid license and insurance must be mmntmned on a current basis in
Orgamzat~on's files
E Actual losses are not covered by insurance as reqmred by this Section are not allowable
costs under this Agreement, and remmn the sole respons~bthty of Orgamzat~on
F The pohcy or pohcles of insurance shall contmn a clause which reqmres that City and
Organization be notffied in writing of any cancellation or change ~n the policy at least 30 days
prior to such change or cancellation
PAGE 11
20.
CONFLICT OF INTEREST
A Organization covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, wbach would conflict in any manner or degree with the
performance of services required to be performed under this Agreement Orgamzatlon further
covenants that m the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its govermng 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 gxves 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 responslbthtles m the review or approval of the undertakang or can'ymg
out of thxs 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 d~rect or redirect interest, or (2) have any interest, direct or indirect, in this Agreement or
the proceeds thereof
21.
NEPOTISM
Organ~zation 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, m-laws, aunt, uncle, nephew, meee,
step-parent, step-ebald, half-brother and half-sister
22.
NOTICE
Any notice or other written instrument required or permitted to be dehvered under the
terms of this Agreement shall be deemed to have been delivered, whether actually received or
not, when deposited m the United States mall, postage prepaid, registered or certified, return
receipt requested, addressed to Orgamzatlon or City, as the case may be, at the following
addresses
CITY ORGANIZATION
City of Denton, Texas Executive Director
Attn C~ty Manager SPAN, Inc
215 E McKmney 1800 Malone
Denton, TX 76201 Denton, TX 76201
PAGE 12
E~ther party may change ~ts mmlmg address by sending not,ce of change of address to the
other at the above address by certified mall, return receipt requested
23.
MISCELLANEOUS
A Organization shall not transfer, pledge or otherwise assign tins Agreement or any
~nterest therein, or any claim arising thereunder to any party or part,es, bank, trust company or
other financial msUtutlon without the prior written approval of C~ty
B If any prowslon of this Agreement ~s held to be invalid, illegal, or unenfomeable, the
remaining pmvlsxons shall remtun m full force and effect and continue to conform to the original
~ntent of both part, es hereto
C In no event shall any payment to Organization hereunder, or any other act or failure of
C~ty to ~nmst in any one or more mstances upon the terms and condmons of tins 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 Orgamzatmn Neither shall such payment, act,
or omission in any manner impair or prejudice any right, power, pnvllege, or remedy avmlable to
C~ty to enforce its rights hereunder, winch rights, powers, pnwleges, or remeches are always
spemfieally preserved No representative or agent of City may waive the effect of this provismn
D Th~s Agreement, together w~th referenced exhibits and attachments, consUtutes the
entire agreement between the part,es hereto, and any prior agreement, assertion, statement,
understandmg, or other commitment occurnng dunng the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed m writing, and ~f
appropriate, recorded as an amendment of this Agreement
E In the event any disagreement or d~spute should anse between the part,es hereto
pertmmng to the mterpretatmn or meamng of any part of tins Agreement or its governing rules,
codes, laws, ordinances, or regulattons, City as the party ultimately responsible to HUD for
matters of comphance, will have the final authority to render or to secure an lnterpretatmn
F Tins Agreement shall be interpreted ~n accordance with the laws of the State of Texas
and venue of any lmgatlon concerning this Agreement shall be in a court of competent
jurisdiction alttmg in Denton County, Texas
IN WITNESS WHEREOF, the part~es .do hereby affix their s~gnatures and enter into th~s
Agreement as of the ~/~tt:- day of
PAGE 13
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
ATTEST
BOARDVS~RETARY
PAGE 14
City of Denton - Community Development D~vis~on
Qualifying Income Limits for Federally Assisted Programs
FY 1999-2000
Maximum Income Levels
Extremely Low
Moderate Low Income Very Low Income Income
Famd Income 65% - 51% AMI 50% - 31% AMI
y Size 80% - 66% AMI 30% & Below AMI
1 $32,600 - $26,501 $26,500 - $20,351 $20,350 - $12,201 $12,200 or Below
2 $37,250 - $30,251 $30,250 - $23,301 $23,300 - $13,951 $13,950 or Below
3 $41,900 - $34,051 $34,050 - $26,201 $26,200 - $15,701 $15,700 or Below
4 $46,550 - $37,851 $37,850 - $29,101 $29,100 - $17,451 $17,450 or Below
5 $50,300 - $40,851 $40,850 - $31,451 $31,450 - $18,851 $18,850 or Below
6 $54,000 - $43,901 $43,900 - $33,751 $33,750 - $20,251 $20,250 or Below
7 $57,750 - $46,901 $46,900 - $36,101 $36,100 - $21,651 $21,650 or Below
8 $61,450 - $49,951 $49,950 - $38,401 $38,400 - $23,051 $23,050 or Below
Source U S Department of Houstng and Urban Development
Effective October 1~ 1999
EXHIBIT A
WORK STATEMENT
SPAN, Inc will prowde congregate and home-dehvered meals to elderly mt~zens at the Denton Senior
center, Amenean Legion Hall, and Heritage Oaks Community Center SPAN, Inc will abide by all local,
state and federal standards for the preparation and dehvery of meals
EXHIBIT B
BUDGET
C~ty of Denton ftmd~ng $26,000 00