1996-294E \WPDOCS\ORD\SPAN ORD
ORDINANCE NO 9&-29,
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
W~EREAS, the City Council has solicited, received and tabulated
competitive bids for services in accordance with the procedures of
State law and City ordinances, and
WHEREAS, the City Manager or a designated employee has received
and recommended that the herein described bids are the lowest
responsible bids for the services described in the bid invitation,
b~d proposals and plans and specifications there~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the
services, as described in the "Bid Invitations," "Requests For
Proposals," "Bid Proposals" or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as
being the lowest responsible b~ds
BID
NUMBER CONTRACTOR AMOUNT
1978 SPAN, INC $26,000 00
SECTION II That the acceptance and approval of the above
competitive b~ds shall not constitute a contract between the C~ty
and the person submitting the b~d for the services herein accepted
and approved, until such person shall comply w~th all requIrements
specified in the bid Invitations or Requests for Proposals, and
insurance certificate after notification of the award of the bid
SECTION III That the C~ty Manager ~s hereby authorized to
execute all necessary written contracts for the performance of the
services ~n accordance w~th the bids accepted and approved herein,
provided that such contracts are made ~n accordance with the Notice
to bidders and bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications,
standards, quantities and specified sums contained there~n
SECTION IV That upon acceptance and approval of the above
competitive b~ds and the execution of contracts for the services as
authorized herein, the C~ty Council hereby authorizes the
expenditure of funds in the manner and ~n the amount as specified
in such approved b~ds and authorized contracts executed pursuant
thereto
SECTION V That this ordInance shall become effective
~mmed~ately upon its passage and approval
PASSED AND APPROVED this the /~ day of ~, 1996
JACK~ILLER, MAYOR
ATTEST
JE~IFER WALTERS, CITY SECRETARY
APP~VED AS TO LEG~ FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
DATE DECEMBER 17, 1996
CliZCm mi
TO Mayor and Members of the CW Cotmcfl
FROM Ted Benawdes, C~ty Manager
SUBJECT BID # 1978 - CONGREGATE AND HOME DELIVERED MEAL PROGRAM
FOR SENIOR CITIZENS
RECOMMENDATION: We recommend this bid be awarded to the single respondent, SPAN, Inc,
m the mount of $26,000 00
~qUMMAR¥. Th~s b~d ~s for providing congregate and home dehvery of meals for semor citizens
Th~s program provides a hot noon meal at two locations ~n the City of Denton, (MLK Recreation
Center), and Denton Semor Center as well as home delivered meals including residents at Heritage
Oaks The program targets at risk, low income, frail, and minority elderly
PROGRAMS: DEPARTMENTS~GROIIPS AFFECTEIL SPAN lnc, CDBG Dlwslon and
Cmzens of Denton part~mpatmg ~n the program
EISCAL_IMPACIx General Fund momes have been appropriated for this program Account #100-
051-015M-8932
Respectfully submitted
"Ted Benavldes
City Manager
Approved
Name Tom D Shaw, C P M
T~tle Purchasing Agent
806 AGENDA
3
E \WPDOCS\K\SPAN97 WPD
1996 - 1997
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED
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,
Incorporated, 1800 Malone, Denton, Texas 76201, a Texas non-profit
corporation, hereinafter referred to as "OrganIzation",
WHEREAS, City's Human Services Committee (HSC) has reviewed
the services of Organization and has determIned that Organization
performs an important service for the resIdents of Denton without
regard to race, religion, color, age or national or~g~n, and HSC
recommends funding Organization, and
WHEREAS, C~ty has determined that OrganIzation merits assis-
tance and has provided for Twenty-slx Thousand Dollars in its
budget,
NOW, THEREFORE, the part~es hereto mutually agree as follows
I.
SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform
the following tasks
A To provide congregate and home-delivered meals to elderly
citizens at the Denton Senior Center, Martin Luther King Center,
and Heritage Oaks Community Center
B 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, Organiza-
tion agrees to the following terms and conditions
A Twenty-slx Thousand Dollars ($26,000 00) may be paid to
Organization by City, and the only expendItures reImbursed from
these funds, shall be those in accordance w~th the pro]ect budget,
attached hereto as Exhibit B and incorporated herein by reference,
for those expenses listed in the scope of services as provided
here~n Organization shall not utilize these funds for any other
purpose
B It will establish, operate, and maintain an account
system for this program that w~ll allow for a tracing of funds and
a revlew 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 At the discretion of City, Organization may be required
to refund the balance of the special account to City at the end of
Organization's fiscal year
G It will promptly pay all bills when submitted unless
there is a discrepancy in a bill, any errors or discrepancies in
b~lls shall be promptly reported to City's Executive Director of
Finance, or her authorized representative, for further direction
H It will appoint a representative who will be available to
meet with City's Executive Director of Finance and other City
officials when requested
I It will indemnify and hold harmless City from any and all
claims and suits arising out of the activities of Organlzatlon, ~ts
employees, and/or contractors, and save and hold City harmless from
all liability, ~nclud~ng costs, expenses and attorneys fees, for or
on account of, any claims, audit exceptions, suits, or damages of
any character whatsoever, resulting in whole or in part from the
performance or omission of any act of any employee, agent or
representative of Organization
J It will submit to City copies of year-end audited
flnanclal statements
III.
TIME OF PERFORMANCE
The services funded by City shall be undertaken by
Organization within the following time frame
October 1, 1996 through September 30, 1997
IV
PAYMENTS
A Payments to Organization City shall pay to Organization
an amount of money not to exceed Twenty-slx Thousand Dollars
($26,000 00) for services rendered under this Agreement City will
pay these funds on a reimbursement basis to OrganIzation within
PAGE 2
twenty days after City has received supporting documentation
Organization's failure to request reimbursement on a timely basis,
may 3eopardlze present or future funding
B Excess Payment Organization shall refund to City w~thln
ten (10) working days of Clty's request, any sum of money which has
been paid by City and which C~ty at any time thereafter determines
1) has resulted in overpayment to Organization, or
2) has not been spent strictly ~n accordance w~th the
terms of this Agreement, or
3) ~s not supported by adequate documentation to fully
justify the expenditure
C Durlng any one month per~od, Organization w~ll not request
more than one-fifth (1/5) of the total budget as specified in
Exhibit B
D Deobllgatlon of Funds In the event that actual expendi-
tures deviate from Organ~zatlon's provision of a corresponding
level of performance, as specified in Exhibit A, C~ty hereby
reserves the rlght to reapproprlate 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 t~me per~od covered by the last ~nvolce
requesting relmbursement of funds under this Agreement, wlthln
f~fteen (15) working days following the close of the contract
per~od Organization shall ut~llze the form agreed upon by C~ty
and Organlzatlon
V.
EVALUATION
Organization agrees to participate ~n an implementation and
maintenance system whereby the services can be continuously moni-
tored Organization agrees to make available ~ts f~nanc~al records
for review by City at City's d~scret~on In addition, Organization
agrees to provide C~ty the following data and reports, or cop~es
thereof
A All external or ~nternal audits Organization shall
submit a copy of the annual independent audit to C~ty w~th~n ten
(10) days of receipt
B All external or internal evaluation reports
C Quarterly performance reports to be submitted ~n January,
April, July and September, to ~nclude the following data
PAGE 3
1 Number of seniors served each month
2 Income level of seniors participating in program
3 Race and/or ethnlclty of participating seniors
D Organization agrees to submit quarterly financial state-
ments in January, April, July, and September Each statement shall
include expenses and income, outstanding obligations and beginning
and ending balances
VI.
DIRECTORS' MEETINGS
Durlng the term of this Agreement, Organization shall deliver
to City copies of all notices of meetings of !ts Board of Direc-
tors, 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
VII.
SUSPENSION OR TERMINATION
City may suspend or terminate this Agreement and payments to
Organization, in whole or part, for cause Cause shall include but
not be limited to the following
A Organization's improper or inept use of funds,
B Organization's failure to comply with the terms and
conditions of this agreement,
C Organization's submission of data and/or reports that are
incorrect or incomplete in any material respect,
D Appointment of a trustee, receiver of liquidator for all
or a substantial part of Organization's property, or institution of
bankruptcy, reorganization, rearrangement of or liquidation
proceedings by or against Organization, or
E City determines that the carrying out of this Agreement
is impossible or infeasible
In case of suspension, City shall advise Organization, in
PAGE 4
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
VIII.
EQUAL OPPORTUNITY
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 w~ll furnish all information and reports
requested by City, and will permit access to its books, records,
and accounts for purposes of ~nvestlgatlon 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 in part, and Organization may
be barred from further contracts with City
IX.
WARRANTIES
ORGANIZATION represents and warrants that
A Ail 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 C~ty
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 sald 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
PAGE 5
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
delmnquent, except as shown mn the fmnanclal statements furnmshed
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
X.
CHANGES AND AMENDMENTS
A Any alteratmons, addmtlons, or deletmons 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 categormes set forth in Exhmbmt
B without prior written approval of the Communmty Development
Coordinator for the Cmty Organization shall request, mn writing,
the budget revision mn a form prescribed by Cmty, and such request
for revmsmon shall not increase the total monetary obl~gatmon of
Cmty under this Agreement In addition, budget revmslons cannot
significantly change the nature, intent, or scope of the program
funded under this Agreement
C Organization will submmt revmsed budget and program
information, whenever the level of fundmng for Organmzatlon or the
program(s) described heremn is altered accordmng to the total
levels contamned mn any portmon of Exhmbmt B
D It is understood and agreed by the part~es hereto that
changes in the State, Federal or local laws or regulatmons pursuant
hereto may occur during the term of this Agreement Any such
modifications are to be automatically incorporated into this
Agreement without wrmtten amendment hereto, and shall become a part
of the Agreement on the effectmve date specified by the law or
regulatmon
E Cmty may, from tmme to time during the term of the
Agreement, request changes in Exhmbmt A which may include an
mncrease or decrease mn the amount of Organlzatmon's compensation
PAGE 6
Such changes shall be ancorporated mn a wratten amendment hereto,
as provaded an Subsectaon A of thzs Sectzon
F Any alterataons, deletaons, or addmtaons to the Contract
Budget Detaal ancorporated an Exhmbat B shall requare the praor
wratten approval of Caty
G Organazataon agrees to notmfy Caty of any proposed change
mn physacal locataon for work performed under thas Agreement at
least tharty (30) calendar days an advance of the change
H Organazataon shall notmfy Caty of any changes an
personnel or governang board composmtmon
I It ms expressly understood that neather the performance
of Exhabat A for any program contracted hereunder nor the transfer
of funds between or among saad programs wall be permatted
XI. 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, su~ts or damages of any
character whatsoever resulting in whole or an 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, ~ts agents or employees.
XII.
CONFLICT OF INTEREST
A Organazatlon covenants that neather mt nor any member of
its governing body presently has any anterest, direct or indirect,
whach would conflact mn any manner or degree with the performance
of services required to be performed under thas Agreement
Organazataon further covenants that an the performance of thas
Agreement, no person having such mnterest shall be employed or
appointed as a member of ats governing body
B Organ~zatmon further covenants that no member of its
governang body or mrs staff, subcontractors or employees shall
possess any anterest an or use hms/her posatmon for a purpose that
PAGE 7
lS 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
XIII
NEPOTISM
Organization shall not employ in any paid capacity any person
who is a member of the immediate family of any person who ~s cur-
rently 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-s~ster
XIV.
COMPLIANCE WITH STATE and LOCAL LAWS
CONTRACTOR shall comply with all laws of the United States of
America and the State of Texas and ordinances of the City of Denton
in the performance of this contract
XV.
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
Contract
B The person or persons signing and executing th~s Contract
on behalf of CONTRACTOR, do hereby warrant and guarantee that he,
she, or they have been fully authorized by CONTRACTOR to execute
this Contract 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 Contract if there
is a dispute as to the legal authority of either CONTRACTOR or the
person signing the Contract to enter Into this Contract CONTRAC-
TOR is liable to CITY for any money it has received from CITY for
performance of the provisions of this Contract if CITY has sus-
PAGE 8
pended or termznated thzs Contract for the reasons enumerated in
this Section
D CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Contract will in no way be sub-
st~tuted 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 Contract not been executed
XVI.
COVEN~TS
During the perzod of time that payment may be made hereunder
and so long as any payments remazn unlzquldated, CONTRACTOR shall
not, wzthout the przor wrztten consent of CITY's Executive Dzrector
of Planning and Development or hzs 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 mort-
gages, l~ens, or other encumbrances to remain on, or attached
to, any assets of CONTRACTOR which are allocated to the per-
formance of thls Contract and w~th respect to which CITY has
ownership hereunder
(2) Sell, asslgn, pledge, transfer or otherwise d~spose
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 incur any liability
for any other f~rm, person, entity or corporation as guaran-
tor, 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
CONTRACTOR agrees, upon written request by CITY, to require
its employees to attend training sessions sponsored by the Com-
munity Development Office
XVII.
Fa%INTENANCE 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 Contract, zn compliance with the
PAGE 9
provisions of Exhibit B, attached hereto, and with any other ap-
plicable Federal and State regulations establishing standards for
flnanclal 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 Contract or any ap-
plicable law CONTRACTOR shall include the substance of this
provls~on in all subcontracts
B CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operatlon of programs and expenditures of funds
under this Contract for the period of time and under the conditions
specified by CITY
C Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responslb~llty for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Contract
D At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
its authorized representatives, all of its records and shall permit
CITY, or any of its authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, lnvo~ces, materials, payrolls, records of personnel,
conditions or employment and all other data requested by said
representatives
XVIII.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CON-
TRACTOR shall furnish such statements, records, data and informa-
tion as CITY may request and deem pertinent to matters covered by
this Contract
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 Contract
Unless a written exemption has been granted by the CITY,
CONTRACTOR shall submit an audit conducted by independent examiners
within ten (10) days after receipt of such
XIX.
INSURANCE
A CONTRACTOR shall observe sound bus~ness practices with
PAGE 10
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under this Contract
B CONTRACTOR shall obtain, for the premises on and in which
the activities described in Exhibit A are conducted, and for the
employees conducting these activities, premise liability insurance,
commonly referred to as "Owner/Tenant" coverage, with CITY named as
an additional insured Upon request of CONTRACTOR, CITY may, at
its sole discretion, approve alternate insurance coverage arrange-
ments
C CONTRACTOR will comply with applicable workers' compensa-
tion statutes and will obtain employers' liability coverage where
available and other appropriate liability coverage for program
participants, if applicable
D CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR Ail employees of CONTRACTOR 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 CONTRACTOR's files
E Actual losses not covered by insurance as required by
this Section are not allowable costs under this Contract, and
remain the sole responsibility of CONTRACTOR
F The policy or policies of insurance shall contain a
clause which requires that City and Contractor be notified in
writing of any cancellation or change in the policy at least thirty
(30) days prior to such change or cancellation
XX.
PERSONNEL POLICIES
CONTRACTOR shall establish and maintain personnel policies
which shall be available for examination Such personnel policies
shall
A Be no more liberal than CITY's personnel policies, pro-
cedures, and practices, including policies with respect to employ-
ment, 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
XXI.
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
PAGE 11
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 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
mall
XXII.
NOTICE
Any notice or other written instrument required or permitted
to be delivered under the terms of this Agreement shall be deemed
to have been delivered, whether actually received or not, when
deposited in the United States mall, postage prepaid, registered or
certified, return receipt requested, addressed to Organization or
City, as the case may be, at the following addresses
CiTY ORGANIZATION
City of Denton, Texas D~rector
Attn City Manager SPAN
215 E McKlnney P O Box 13427
Denton, TX 76201 Denton, TX 76201
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mall, 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
f~nanclal 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 consti-
tute or be construed in any way to be a waiver 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 in any manner impair or prejudice any right, power,
privilege, or remedy available to City to enforce ~ts rights
hereunder, which rights, powers, privileges, or remedies are always
specifically preserved No representative or agent of City may
PAGE 12
wazve the effect of thzs provzszon
D This Agreement, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertzon, statement, understand-
lng, or other commztment occurring during the term of this
Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropri-
ate, recorded as an amendment of thzs Agreement
E In the event any disagreement or d~spute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Contract 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 w~th
the laws of the State of Texas and venue of any lltlgatzon
concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas
IN WITNESS WHEREOF, the parties do hereby affix their slgna-
d enter into this Agreement as of the /~/-~ day of
, 1996
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 13
DIRECTOR
ATTEST
SECRETARY
PAGE 14
EXHIBIT ~A"
WORK STATEMENT
SPAN
SPAN wlll provide congregate and home-delivered meals to elderly
citizens at the Denton Senior center, Martzn Luther King Center,
and Heritage Oaks Community Center
EXHIBIT "B"
SPAN
GENERAL FUND BUDGET
Czty of Denton Funding $26,000 00
Monthly Request for Meals $ 2,166 66