1998-340AN ORDINANCE ACCEPTING COMPETITWE 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 it 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 C~ty has sohclted, received and tabulated competitive bids for the purchase
of necessary materials, eqmpment, supphes 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 m 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, deacnbed 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 bmng 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, eqmpment, 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 hems and of the
submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval,
and awarchng of the bids, the City Manager or his designated representative ~s hereby authorized to
execute the written contracts wbach shall be attached hereto, prowded that the written contract ~s in
accordance with the terms, conditions, specifications, standards, quantities and specified sums
contained in the Bid Proposal and related documents hereto 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 ~n the amount and in accordance w~th
the approved bids or pursuant to a written contract made pursuant thereto as authorized here~n
SECTION V That this ordinance shall become effective lmmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s the ,~'~0 ~-'-~ day of ~ff~'/.~ ,1998
JACI~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2228 CONGREOATE & HOME DELIVERED MEAL CONTRACT ORDINANCE
Page 1
ucek -
1998 - 1999 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
SERVICES PROGRAM FOR AGING NEEDS, INC
(B~d # 2228)
Th~s Agreement is hereby entered ~nto by and between the Qty of Denton, Texas,
a Home Rule Municipal Corporation, hereinafter referred to as "C~ty", 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 rewewed the proposal
for services and has determined that Orgamzabon performs an important service for the
residents of Denton w~thout regard to race, rehglon, color, age or national ong~n, and
HSC recommends the purchase of services, and
WHEREAS, C~ty has determined that the proposal for services ments assistance
and can prowde needed services to c~bzens of Qty and has provided funds ~n ~ts
budget for the purpose of paying for contractual servmes,
NOW, THEREFORE, the parbes hereto mutually agree as follows
I
SCOPE OF SERVICES
Orgamzat~on shall m a sabsfactory and proper manner perform the following tasks,
for which the momes provided by C~ty may be used
A To provide congregate and home-delivered meals to elderly c~bzens at the
Denton Senior Center and the Eldercenter at the American Legion Hall
Orgamzat~on shall perform those services descnbed ~n the Work Statement here~n
attached as Exhibit A
II
OBLIGATIONS OF ORGANIZATION
In cons[derabon of the receipt of funds from C~ty, Orgamzabon agrees to the
following terms and cond~bons
A Twenty-slx Thousand Dollars ($26,000) may be pa~d to Orgamzatlon by Qty,
and the only expenditures reimbursed from these funds, shall be those m accordance
w~th the project budget, attached hereto as Exhibit B and ~ncorporated herein by
reference, for those expenses I~sted ~n the scope of services as prowded here~n
Orgamzabon shall not ubhze these funds for any other purpose
ae ucek;-SPA~/~2~) d~ Page
B It wdl establish, operate, and maintain an account system for th~s program that
wdl allow for a tracing of funds and a rewew of the financial status of the program
C It wdl permit authorized officials of C~ty to rewew ~ts books at any t~me
D It wdl reduce to wnbng all of ~ts rules, regulations, and pohc~es and file a copy
with CItyls Community Development Office along w~th any amendments, additions, or
revisions whenever adopted
E It wdl not enter into any contracts that would encumber C~ty funds for a period
that would extend beyond the term of th~s Agreement
F It wdl promptly pay all bdls when submitted unless there ~s a d~screpancy ~n a
bdl, any errors or d~screpanc~es ~n bdls shall be promptly reported to C~ty's Executive
D~rector of F~nance, or her authorized representabve, for further direction
G It wdl appoint a representative who wdl be avadable to meet w~th C~ty's
Execubve D~rector of F~nance and other C~ty officials when requested
H It wdl ~ndemmfy and hold harmless C~ty from any and all claims and su~ts
ans~ng out of the acbwt~es of Orgamzat~on, ~ts employees, and/or contractors
It wdl submit to C~ty cop~es of year-end audited financial statements
III
TIME OF PERFORMANCE
The services funded by C~ty shall be undertaken and completed by Orgamzat~on
w~th~n the following time frame
October 1, 1998 through September 30, 1999, unless the contract ~s sooner
terminated under Secbon VII "Suspension or Termination"
IV
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A, CONTRACTOR understands that funds prowded to ~t pursuant to this
Agreement are funds which have been made avadable 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, ~n accordance w~th an
approved Grant Apphcatlon and specific assurances Accordingly, CONTRACTOR
assures and certifies that ~t wdl comply w~th the requirements of the Housing and
Commumty Development Act of 1974 (P L 93-383) as amended and w~th regulabons
promulgated thereunder, and codified at 24 CFR 570 The foregoing ~s ~n no way meant
PAGE 2
~ael Bucek SPAN~#2228) doc 3-I
- Page
to const~l~ute a complete comp~lab0n of all duties ~mposed upon CONTRACTOR by law
or administrative ruhng, or to narrow the standards which CONTRACTOR must follow
CONTRACTOR further accrues and certifies that ~f the regulabons and
~ssuances promulgated pursuant to the Act are amended or rewsed, it shall comply with
them, or notify CITY, as prowded ~n Section XXIV of th~s Agreement
CONTRACTOR agrees to ab~de by the conditions of and comply w~th the
requirements of the Office of Management and Budget C~rculars Nos A-110 and A-122
B CONTRACTOR shall comply w~th all applicable federal laws, laws of the
State of Texas and ordinances of the C~ty of Denton
V
REPRESENTATIONS
A CONTRACTOR assures and guarantees that ~t possesses the legal authonty,
pursuant to any proper, appropriate and official motion, resolution or action passed or
taken, to, enter ~nto th~s Agreement
B The person or persons s~gn~ng and execubng th~s Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully
authonzed by CONTRACTOR to execute th~s Agreement on behalf of CONTRACTOR
and to vahdly and legally b~nd CONTRACTOR to all terms, performances and
prows~ons herein set forth
C CITY shall have the right, at ~ts option, to e~ther temporarily suspend or
permanently terminate th~s Agreement ~f there ~s a d~spute as to the legal authority of
either C(~NTRACTOR or the person s~gmng the Agreement to enter ~nto th~s
Agreement CONTRACTOR ~s hable to CITY for any money it has received from CITY
for performance of the provisions of th~s Agreement ~f CITY has suspended or
terminated th~s Agreement for the reasons enumerated m th~s Secbon
D, CONTRACTOR agrees that the funds and resources prowded
CONTRACTOR under the terms of this Agreement w~ll ~n no way be substituted for
funds and resources from other sources, nor ~n any way serve to reduce the resources,
serv,cesU or other benefits which would have been available to, or provided through,
CONTRACTOR had th~s Agreement not been executed
VI
COVENANTS
A, During the penod of time that payment may be made hereunder and so long
as any payments remain unhqu~dated, CONTRACTOR shall not, w~thout the pnor
PAGE 3
Michael 0ucek - SPANI#2228) doc _-~ [
wntten consent of the Community Development Admlmstrator 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 ~t, or
permit any pre-ex~st~ng mortgages, hens, 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 ~ts assets
(4) Make any advance or loan to, or ~ncur any habd~ty for any other firm,
person, entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or ~tem of personal
property purchased w~th funds paid to CONTRACTOR by CITY, unless CITY
authorizes such transfer
B Should CONTRACTOR use funds recewed under th~s 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 ~n 24 CFR 570 untd August 31, 2006
(2) That should CONTRACTOR transfer or otherwise d~spose 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 port~on of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
~mprovement to, the property
C CONTRACTOR agrees, upon written request by CITY, to require its
employees to attend tra~mng sessions sponsored by the Commumty Development
Off~ce
VII
PAYMENTS
A Payments to Orgamzat~on City shall pay to Orgamzat~on a maximum amount
of money not to exceed Twenty-s~x Thousand Dollars ($26,000) for services rendered
under this Agreement C~ty wdl pay these funds on a reimbursement basis to
PAGE 4
Orgamzat~on within twenty days after C~ty has received supporting documentation
Orgamzatlon's fadure to request reimbursement on a t~mely bas~s, may jeopardize
present or future funding
B Excess Payment Orgamzatlon shall refund to C~ty w~thln ten (10) working
days of C~ty's request, any sum of money which has been pa~d by C~ty and which C~ty
at any t~me thereafter determines
1) has resulted in overpayment to Organization, or
2) has not been spent strictly ~n accordance with the terms of this Agreement,
or
3) is not supported by adequate documentation to fully justify the expenditure
C Orgamzat~on's reimbursement request for any one month period wdl not
exceed one-fifth (1/5) of any budgeted hne ~tems for costs as specified ~n Exhibit B
D Deobl~gat~on of Funds In the event that actual expenditures dewate from
Orgamzat~on's prows~on of a corresponding level of performance, as specified m Exhibit
A, C~ty Ihereby reserves the right to reappropnate or recapture any such under
expended funds
E Contract Close Out Orgamzatlon shall submit the contract close out package
to C~ty, together w~th a final expenditure report, for the t~me penod covered by the last
~nvo~ce requesting reimbursement of funds under th~s Agreement, w~thln fifteen (15)
working days following the close of the contract period Orgamzat[on shall utd~ze the
form agreed upon by C~ty and Orgamzat~on
VIII
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to maintain records that wdl prowde accurate, current,
separate, and complete d~sclosure of the status of the funds received under this
Agreement, ~n comphance w~th the prows~ons of Exhibit B, attached hereto, and w~th
any other applicable Federal and State regulations establishing standards for financial
management CONTRACTOR's record system shall contain sufficient documentation to
prowde m detad full support and justification for each expenditure Nothing m this
Section shall be construed to relieve CONTRACTOR of fiscal accountabd~ty and I~abd~ty
under any other prows~on of th~s Agreement or any apphcable law CONTRACTOR
shall include the substance of th~s provision ~n 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 penod of t~me and under the conditions specified
PAGE 5
IMichae, Bucek - SPANKS22281 doc - ............. Pa,~'e 6_~
by CITY
C Nothing ~n the above subsections shall be construed to reheve
CONTRACTOR of respons~blhty for reta~mng accurate and current records which clearly
reflect the level and benefit of services prowded under th~s 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 authonzed
representatives, all of ~ts records and shall permit CITY, HUD, or any of their authonzed
representatwes to audit, examine, make excerpts and cop~es of such records, and to
conduct audits of all contracts, ~nvo~ces, matenals, payrolls, records of personnel,
conditions or employment and all other data requested by sa~d representatwes
IX
REPORTS AND INFORMATION
At such times and ~n such form as CITY may require, CONTRACTOR shall
furmsh such statements, records, data and Informabon as CITY may request and deem
pertinent to matters covered by thru Agreement
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY
no less than once each three months The beneficiary report shall detail client
mformat~on, includ~ng race, ~ncome, female head of household and other statlsbcs
required by CITY The financial report shall ~nclude ~nformat~on and data relative to all
programmabc and financial reporting as of the beg~nmng date specified ~n Section I of
th~s 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
Orgamzabon agrees to participate ~n an ~mplementat~on and maintenance system
whereby the services can be continuously monitored Orgamzabon agrees to make
available ~ts financial records for rewew by C~ty at C~ty's d~scret~on In add~bon,
Orgamzatlon agrees to prowde C~ty the following data and reports, or cop~es thereof
A All external or internal audits Orgamzatlon shall submit a copy of the annual
~ndependent audit to City w~thln ten (10) days of receipt
B All external or ~nternal evaluabon reports
C C Quarterly performance/beneficiary reports to be submitted in January, Apnl,
PAGE 6
Page~
I Michael Bucek~.SPAN(~222~) doc
July and September, to include such ~nformatlon as requested by the C~ty's Commumty
Development D~ws~on including but not hm~ted to number of persons or households
assisted, race, gender, d~sab~hty status and household ~ncome
D Orgamzabon agrees to submit quarterly financial statements ~n January, April,
July, and September Each statement shall include current and year-to-date penod
accounting of all revenues, expenditures, outstanding obhgabons and beg~nmng and
ending balances
E An explanation of any major changes ~n program services
F To comply w~th th~s secbon, Orgamzat~on agrees to maintain records that
provide accurate, current, separate, and complete d~sclosure of the status of funds
received and the services performed under th~s Agreement Orgamzatlon's record
system shall contain sufficient documentabon to prowde ~n detail full support and
jusbficabon for each expenditure Orgamzat~on agrees to retain all books, records,
documents, reports, and written accounting procedures pertaining to the services
prowded and expenditure of funds under th~s Agreement for the penod of brae and
under the cond~bons specified by the C~ty
G Nothing ~n the above subsections shall be construed to reheve Orgamzabon of
respons~b~hty for reta~mng accurate and current records which clearly reflect the level
and benefit of serwces provided under th~s Agreement
VI
DIRECTORS' MEETINGS
Dunng the term of this Agreement, Organ~zabon shall dehver to C~ty cop~es of all
nobces of meebngs of ~ts Board of D~rectors, setting forth the bme and place thereof
Such notice shall be dehvered to City ~n a t~mely manner to g~ve adequate nobce, and
shall ~nclude an agenda and a brief descnpbon of the matters to be d~scussed
Orgamzabon understands and agrees that C~ty's rapresentabves shall be afforded
access to all meetings of ~ts Board of D~rectors
M~nutes of all meetings of Orgamzat~on's govermng body shall be available to City
w~th~n ten (10) working days of approval
Xll
SUSPENSION OR TERMINATION
A The C~ty may terminate th~s Agreement w~th cause ~f the Orgamzabon violates
any covenants, agreements, or guarantees of th~s Agreement, the Orgamzatlon's
~nsolvency or flhng of bankruptcy, d~ssolutlon, or receivership, or the Orgamzatlon's
wolat~on of any law or regulabon to which ~t ~s bound under the terms of th~s Agreement
PAGE 7
B The City may terminate th~s Agreement for convemence at any time If th~s
Agreement Is terminated for convemence by the City, Orgamzatlon will be pa~d an
amount not to exceed the total amount of accrued expenditures as of the effective date
of termination In no event w~ll this compensation exceed an amount which bears the
same ratio to the total compensation as the services actually performed bears to the
total serwces of Orgamzat~on covered by the Agreement, less payments prewously
made
In case of suspension, C~ty shall adwse Orgamzat~on, ~n wnbng, as to conditions
precedent to the resumption of funding and specify a reasonable date for compliance
In case of termination, Orgamzat~on will remit to C~ty any unexpended City funds
Acceptance of these funds shall not constitute a waiver of any claim C~ty may otherwise
have arising out of this Agreement
XIII
PERSONNEL POLICIES
Personnel pohc~es shall be estabhshed by CONTRACTOR and shall be available
for examination Such personnel pohc~es shall
A Be no more hberal than CITY's personnel pohcles, procedures, and practices,
~nclud~ng pohc~es with respect to employment, salary and wage rates, working hours
and hohdays, fnnge benefits, vacation and s~ck leave privileges, and travel, and
B Be in wntlng and shall be approved by the governing body of CONTRACTOR
and by CITY
VIII
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Orgamzabon w~ll submit for C~ty approval, a written plan for comphance w~th
the Equal Employment and Affirmative Action Federal provisions, within one hundred
twenty (120) days of the effecbve date of this Agreement
B Orgamzat~on shall comply w~th all applicable equal employment opportumty
and affirmative acbon laws or regulations
C Orgamzabon w~ll furnish all informat~on and reports requested by C~ty, and will
permit access to ~ts books, records, and accounts for purposes of ~nvest~gat~on to
ascertain comphance w~th local, State and Federal rules and regulations
D In the event of Orgamzatlon's non-comphance with the non-discrimination
requirements, the Agreement may be canceled, terminated, or suspended ~n whole or
PAGE 8
~hael Bucek, S~N~(~2,~) ~ Pa e
in part, and Organization may be barred from further contracts with C~ty
XV
WARRANTIES
ORGANIZATION represents and warrants that
A All information, reports and data heretofore or hereafter requested by C~ty
and furmshed to C~ty, are complete and accurate as of the date shown on the
mformat~on, data, or report, and, s~nce that date, have not undergone any s~gmflcant
change w~thout written notme to C~ty
B Any supporting flnanc,al statements heretofore requested by C~ty and
furnished to C~ty, are complete, accurate and fairly reflect the financial cond,t~ons of
Orgamzation on the date shown on sa~d report, and the results of the operation for the
period covered by the report, and that s~nce sa~d data, there has been no material
change, adverse or otherwise, ~n the financial condition of Organization
C No ht~gatlon or legal proceedings are presently pending or threatened
against Orgamzatlon
D None of the prows~ons here~n contravenes or ~s ~n conflict w~th the
authonty under which Orgamzat~on ~s doing bus~ness or w~th the prows~ons of any
ex~st~ng indenture or agreement of Orgamzat~on
E Organization has the power to enter ~nto th~s Agreement and accept
payments hereunder, and has taken all necessary action to authonze such acceptance
under the terms and conditions of th~s Agreement
F None of the assets of Orgamzat~on are subject to any hen or
encumbrance of any character, except for current taxes not dehnquent, except as
shown ~n the financial statements furmshed by Orgamzat~on to C~ty
Each of these representations and warrant~es 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 th~s Agreement
shall be by written amendment executed by both part~es, except when the terms of th~s
Agreement expressly prowde that another method shall be used
B Organization may not make transfers between or among approved hne-
~tems w~th~n budget categones set forth ~n Exhibit B w~thout prior written approval of the
PAGE 9
..............._~a§e 10
Commumty Development Adm~mstrator for the C~ty Orgamzat~on shall request, ~n
writing, the budget rewslon in a form prescribed by C~ty, and such request for revision
shall not ~ncrease the total monetary obligation of City under th~s Agreement In
addition, Ibudget rews~ons cannot s~gmflcantly change the nature, ~ntent, or scope of the
program funded under th~s Agreement
C Orgamzat~on wdl submit rewsed budget and program ~nformat~on,
whenever the level of funding for Organization or the program(s) described herein is
altered according to the total levels contained ~n any port~on of Exhibit B
D It ~s understood and agreed by the part~es hereto that changes ~n the
State, Federal or local laws or regulations pursuant hereto may occur during the term of
th~s Agreement Any such modifications are to be automatically incorporated ~nto th~s
Agreement w~thout written amendment hereto, and shall become a part of the
Agreement on the effective date specified by the law or regulation
E C~ty may, from t~me to t~me dunng the term of the Agreement, request
changes ~n Exhibit A which may ~nclude an ~ncrease or decrease ~n the amount of
Orgamzat~on's compensation Such changes shall be ~ncorporated ~n a written
amendment hereto, as provided ~n Subsection A of th~s Section
F Any alterations, deletions, or additions to the Contract Budget Detad
incorporated in Exhibit B shall require the pnor wntten approval of C~ty
G Orgamzatlon agrees to notify City of any proposed change in physical
location for work performed under this Agreement at least thirty (30) calendar days ~n
advance,of the change
H Organization shall not~fy 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 sa~d
programs w~ll be permitted
XVII
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action ~s made or brought by
any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR
shall g~ve written notice thereof to CITY within two (2) working days after being notified
of such claim, demand, su~t or other action Such not~ce shall state the date and hour of
notification of any such claim, demand, su~t 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 bas~s of such claim, action
PAGE 10
or proceeding, and the name of any person(s) against whom such claim ~s being made
or threatened Such written nobce shall be delivered e~ther personally or by mad
XVlII
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 habdlty of any nature or kind, including costs and expenses for,
or on account of, any claims, audit exceptions, demands, su~ts 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 C~ty Its agents, employees, or contractors from any and all claims,
suits, causes of action, demands, damages, losses, attorney fees, expenses, and
Ilabdlty 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 Orgamzabon shall observe sound bus~ness pracbces w~th respect to prowdlng
such bond;ng and insurance as would prowde adequate coverage for serv;ces offered
under th~s Agreement
B The premises on and ~n which the acbwbes descnbed ~n Exhibit A are
conducted, the employees conducbng these act~v~bes, shall be covered by premise
I~abd~ty ~nsurance, commonly referred to as "Owner/Tenant" coverage w~th C;ty named
as an add;flonal ~nsurad Upon request of Organ~zabon, C~ty may, at ~ts sole d~scret~on,
approve alternate ~nsurance coverage arrangements
C Orgamzat~on wdl comply w~th appbcable workers' compensation statutes and
wdl obtain employers' habd~ty coverage where avadable and other appropriate I~abd~ty
coverage for program participants, ~f applicable
D Orgamzabon wdl maintain adequate and continuous I~abd~ty insurance on all
vehicles owned, leased, or operated by Orgamzabon All employees of Orgamzabon
who are required to dnve a vehicle in the normal scope and course of their employment
must possess a valid Texas Drwer's hcense and automobde habd~ty ~nsurance
Evidence of the employee's currant possession of a valid I~cense and ~nsurance must
be maintained on a current bas~s ~n Orgamzat~on's files
PAGE 11
..................................... M,chael Bucek - SPANI#2228) doc ~g~'l
E Actual losses are not covered by ~nsurance as required by th~s Section are not
allowable costs under this Agreement, and remain the sole responslb~hty of
Organization
F The pohcy or pohc~es of ~nsurance shall contain a clause which requires that
City and Orgamzatlon be notified ~n wnt~ng of any cancellation or change ~n the pohcy at
least thirty (30) days prior to such change or cancellation
XX
CONFLICT OF INTEREST
A Organization covenants that neither ~t nor any member of ~ts governing body
presently has any ~nterest, d~rect or ~nd~rect, which would confhct ~n any manner or
degree w~th the performance of services required to be performed under this
Agreement Orgamzat~on further covenants that ~n the performance of th~s Agreement,
no person having such ~nterest shall be employed or appointed as a member of ~ts
governing body
B Organization further covenants that no member of ~ts govermng body or ~ts
staff, subcontractors or employees shall possess any ~nterest in or use his/her position
for a purpose that ~s or g~ves the appearance of being motivated by desire for private
gain for himself/herself, or others, particularly those with which he/she has family,
bus~ness, or other t~es
C No officer, member, or employee of City and no member of its govermng body
who exercises any function or responsibilities ~n the review or approval of the
undertaking or carrying out of th~s Agreement shall (1) participate ~n any decision
relating to the Agreement whmh affects his personal ~nterest or the interest ~n any
corporation, partnership, or association in which he has d~rect or indirect interest, or (2)
have any ~nterest, d~rect or ~ndlrect, ~n th~s Agreement or the proceeds thereof
XXl
NEPOTISM
Orgamzat~on shall not employ in any pa~d capacity any person who is a member of
the ~mmed~ate family of any person who ~s currently employed by Organization, or ~s a
member of Organization's governing board The term "member of immediate family"
Includes wife, husband, son, daughter, mother, father, brother, s~ster, ~n-laws, aunt,
uncle, nephew, niece, step-parent, step-child, half-brother and half-s~ster
XXll
NOTICE
Any not~ce or other written ~nstrument required or permitted to be dehvered under
PAGE 12
I Michael Bucek - SPAN~#2228) doc Pag~e 1~
the terms of th~s Agreement shall be deemed to have been delivered, whether actually
received or not, when deposited ~n the Un,ted States mad, postage prepaid, registered
or cerhfled, return receipt requested, addressed to Orgamzabon or C~ty, as the case
may be, at the following addresses
CITY ORGANIZATION
C~ty of Denton, Texas D~rector
Attn C~ty Manager Services Program for Aging Needs,
Inc
215 E McK~nney 1800 Malone
Denton, TX 76201 Denton, Texas 76201
Either party may change ~ts madlng address by sending notice of change of
address to the other at the above address by certified mad, return receipt requested
XXlII
MISCELLANEOUS
A Organization shall not transfer, pledge or otherwise assign th~s Agreement
or any ~nterest there~n, or any claim arising thereunder to any party or part~es, bank,
trust company or other financial ~nst~tubon w~thout the prior written approval of C~ty
B If any provision of th~s Agreement ~s held to be ~nvahd, dlegal, or
unenforceable, the remaining provisions shall remain m full force and effect and
continue,to conform to the original intent of both part~es hereto
C In no event shall any payment to Orgamzabon hereunder, or any other act
or fadure of City to ~ns~st ~n any one or more instances upon the terms and cond~bons of
th~s Agreement constitute or be construed ~n any way to be a wawer by C~ty of any
breach of covenant or default which may then or subsequently be committed by
Organization Neither shall such payment, act, or omission ~n any manner ~mpa~r or
prejudice any nght, power, pnwlege, or remedy avadable to C~ty to enforce ~ts rights
hereunder, which rights, powers, pnvlleges, or remedies are always specifically
preserved No representatwe or agent of C~ty may wawe the effect of th~s prows~on
D This Agreement, together w~th referenced exhibits and attachments,
constitutes the entire agreement between the parties hereto, and any prior agreement,
asserbon, statement, understanding, or other commitment occurnng dunng the term of
th~s Agreement, or subsequent thereto, have any legal force or effect whatsoever,
unless properly executed ~n wnbng, and ~f appropriate, recorded as an amendment of
th~s Agreement
PAGE 13
E In the event any disagreement or dispute should anse between the parties
hereto perta~mng to the interpretation or meamng of any part of th~s Agreement or ~ts
govermng rules, codes, laws, ordinances, or regulabons, C~ty as the party ultimately
responsible to HUD for matters of compliance, will have the final authority to render or
to secure an ~nterpretat~on
F Th~s Agreement shall be ~nterpreted in accordance w~th the laws of the State of
Texas and venue of any litigation concerning th~s Agreement shall be ~n a court of
competent jur~sd~cbon s~tbng ~n Denton County, Texas
IN WITNESS WHEREOF, th.~ parbes dQ her.eby affix their s~gnatures and enter
~nto this Agreement as of the .~ day of ~7~/¢&(~/'~, 1998
CITY OF DENTON, TEXAS
JAC~IfLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
A M
HERBERT PROUTY, CITY ATTORNEY
SERVICES PROGRAM FOR AGING
NEEDS, INC
DIRECTOR
ATTEST
BOARD SECRETARY
C~ty of Denton - Community Development Dlws~on
Qualifying Income Limits for Federally Assisted Programs
FY 1998-99
Maximum Income Levels
Family Moderate Income Low Income Very Low Income Extremely Low
S~ze 80% - 66% AMI 65% - 51% AMI 50% - 31% AMI Income
30% & Below AMI
1 $30,450 - $24,751$24,750 - $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
Soume U S Department of Housing and Urban Development
Effective October 1, 1998
EXHIBIT "A"
WORK STATEMENT
SPAN
SPAN wdl prowde congregate and home-dehvered meals to elderly c~tlzens at the
Denton Semor center, American Legion Hall, and Hentage Oaks Commumty Center
EXHIBIT "B"
BUDGET
SPAN
C~ty of Denton funding $26,000 00
Monthly request for meals $ 2,166 66