1994-241AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THERE-
FOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best
interest of the citizens of the City to provide public funds to
Services Program for Aging Needs, Incorporated, in consideration of
the valuable public services to be furnished by Services Program for
Aging Needs, Incorporated to the City of Denton in accordance with
the Agreement attached hereto; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the Agreement
attached hereto, between the City of Denton and Services Program for
Aging Needs, Incorporated, and authorizes the Mayor to execute said
agreement.
SECTION II. That the City Council authorizes the expenditure of
funds in the manner and amount as specified in the Agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
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, Incorpo-
rated, a non-profit corporation, 1800 Malone, Denton, Texas 76201
(hereinafter referred to as "Organization");
WHEREAS, City's Human Services Committee (HSC) has reviewed the
services of Organization and has determined that Organization per-
forms an important human service for the residents of Denton without
regard to race, religion, color, age or national origin, and there-
fore HSC recommends funding Organization; and
WHEREAS, City has determined that Organization merits assistance
and can provide needed services to citizens of City, and has provided
for funds in its budget for the purpose of paying for contractual
services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the
following tasks:
A. Help older citizens remain independent and as fully active
in the community as they choose.
B. Provide a hot meals program five days a week at Denton
Senior Center, Heritage Oaks and Martin Luther King, Jr. Recreation
Center.
C. Offer information and referral services for older persons at
the SPAN Central Office.
D. Provide a nutrition program at Denton Senior Center.
E. Provide homemaker services and benefits counseling for
elderly citizens.
F. Assist senior citizens in arranging for or obtaining needed
services, and provide benefits counseling such as assistance in
filing for insurance, social security benefits, housing subsidies,
etc.
PAGE 1
G. Organization shall also provide those services described in
the Work Statement herein attached as Exhibit A.
II. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization
agrees to the following terms and conditions:
A. It will establish a separate bank account for deposit of the
Twenty-six Thousand Dollars ($26,000.00) paid to Organization by
City, and the only expenditures from this account, until such time
as said funds are exhausted, shall be for those expenses listed in
the scope of services as provided for herein. Organization shall
not commingle funds received from other sources in this account and
shall not utilize these funds for any other purpose.
B. It will establish, operate, and maintain an account system
for this program that will allow for a tracing of funds and a review
of the financial status of the program.
C. It will permit authorized officials of City to review its
books at any time.
D. It will reduce to writing all of its rules, regulations, and
policies, and file a copy with City's Community Development Office
along with any amendments, additions, or revisions whenever adopted.
E. It will not enter into any contracts that would encumber
City funds for a period that would extend beyond the term of this
Agreement.
F. 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 bills
shall be promptly reported to the Executive Director of Finance or
her authorized representative for further direction.
H. It will appoint a representative who will be available to
meet with the 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 Organization, its
employees, and/or contractors and save and hold City harmless from
all liability, including costs, expenses and attorneys fees, for or
on account of, any claims, audit exceptions, suits, or damages of
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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 financial
statements.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken by Organization
within the following time frame:
October 1, 1994 through September 30, 1995.
IV. PAYMENTS
A. Payments to Organization. City shall pay to Organization a
maximum amount of money totaling Twenty-six Thousand Dollars
($26,000.00) for services rendered under this Agreement. City will
pay these funds on a reimbursement basis to Organization within
twenty days after City has received supporting documentation.
Organization's failure to request reimbursement on a timely basis
may jeopardize present or future funding.
B. Excess Payment. Organization shall refund to City within
ten (10) working days of City's request, any sum of money which has
been paid by City and which City at any time thereafter determines:
1) has resulted in overpayment to Organization; or
2) was not spent strictly in accordance with the terms of
this Agreement; or
3) is not supported by adequate documentation to fully
justify the expenditure.
C. During any one-month period, Organization will not request
more than one-fifth (1/5) of any budgeted line items for costs as
specified in Exhibit "B".
D. Deobligation of Funds. In the event that actual expendi-
tures deviate from Organization's provision of a corresponding level
of performance, as specified in Exhibit A, City hereby reserves the
right to reappropriate or recapture any such underexpended funds.
E. Contract Close Out. Organization shall submit the contract
close out package to City, together with a final expenditure report,
for the time period covered by the last invoice requesting reim-
bursement of funds under this Agreement, within fifteen (15) working
days following the close of the contract period. Organization shall
utilize the form agreed upon by City and Organization.
PAGE 3
V. EVALUATION
Organization agrees to participate in an implementation and
maintenance system whereby the services can be continuously
monitored. Organization agrees to make available its financial
records for review by City at City's discretion. In addition,
Organization agrees to provide City the following data and reports,
or copies thereof:
A. All external or internal audits. Organization shall submit
a copy of the annual independent audit to City within ten (10) days
of receipt.
B. All external or internal evaluation reports.
C. Quarterly performance reports to be submitted in January,
April, July and September, to include the following data:
1. Number of meals served at Denton Senior Center, Martin
Luther King, Jr. Recreation Center and Heritage Oaks each
month.
2. Number of information and referral requests handled
quarterly.
3. Number of persons assisted under each available social
service program.
4. Race and/or ethnicity of clients.
D. Organization shall submit quarterly financial statements in
January, April, July, and September for the preceding quarter, which
shall include expenses and income.
VI. DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver to
City copies of all notices of meetings of its Board of Directors,
setting forth the time and place thereof. Such notice shall be
delivered to City in a timely manner to give adequate notice, and
shall include an agenda and a brief description of the matters to be
discussed. Organization understands and agrees that City representa-
tives 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.
PAGE 4
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 condi-
tions of this Agreement.
C. Organization's submission of data and/or reports that are in-
correct or incomplete in any material respect, or
D. Appointment of a trustee, receiver or liquidator for all or
a substantial part of Organization's property, or institution of
bankruptcy, reorganization, rearrangement of or liquidation pro-
ceedings by or against Organization.
E. If for any reason the carrying out of this Agreement is
rendered impossible or infeasible.
In case of suspension, City shall advise Organization, in
writing, as to conditions precedent to the resumption of funding and
specify a reasonable date for compliance.
In case of termination, Organization will remit to City any
unexpended City funds. Acceptance of these funds shall not con-
stitute 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 employ-
ment opportunity and affirmative action laws or regulations.
C. Organization will furnish all information and reports
requested by City, and will permit access to its books, records, and
accounts for purposes of investigation to ascertain compliance with
local, State and Federal rules and regulations.
D. In the event of Organization's non-compliance with the non-
discrimination requirements, the Agreement may be cancelled, termi-
nated, or suspended in whole or in part, and Organization may be
barred from further contracts with City.
PAGE 5
IX. CONFLICT OF INTEREST
A. Organization covenants that neither it nor any member of its
governing body presently has any interest, direct or indirect, which
would conflict in any manner or degree with the performance of ser-
vices required to be performed under this Agreement. Organization
further covenants that in the performance of this Agreement, no per-
son having such interest shall be employed or appointed as a member
of its governing body.
B. Organization further covenants that no member of its govern-
ing body or its staff, subcontractors or employees shall possess any
interest in or use his position for a purpose that is or gives the
appearance of being motivated by desire for private gain for himself,
or others, particularly those with which he 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 Agree-
ment shall (1) participate in any decision relating to the Agreement
which affects his personal interest or the interest in any corpora-
tion, 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.
X. NEPOTISM
Organization shall not employ in any paid capacity any person who
is a member of the immediate family of any person who is currently
employed by Organization, or is a member of Organization's governing
board. The term "member of immediate family" includes: wife,
husband, son, daughter, mother, father, brother, sister, in-laws,
aunt, uncle, nephew, niece, step-parent, step-child, half-brother and
half-sister.
XI. 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 mail, 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 Director
Attn: City Manager Services Program for Aging Needs
215 E. McKinney 1800 Malone Street
Denton, TX 76201 Denton, TX 76201
PAGE 6
Either party may change its mailing address by sending notice of
change of address to the other at the above address by certified
mail, return receipt requested.
IN WITNESS WHEREOF, the parties do he~ affix t~%r~ig~a~tures
and enter into this Agreement as of thef~U~ day of
1994.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
SERVICES PROGRAM FOR AGING NEEDS
DIRECTOR
ATTEST:
/SECRETARY
PAGE 7
Exhibit "A"
Work Statement
SPAN
SPAN provides support to the older population so that they may
continue to reside in their own homes and function actively in the
community. This is accomplished through providing nutritious meals
in homes and local centers, providing a facility that can serve as
a resource center, providing assistance with various financial
assistance and/or claims application, providing an automatic
monitoring system to link frail elderly to emergency services, and
providing case management to ensure that frail elderly needs are
being met.
Funding from the city helps to ensure that the aforementioned
services are provided to the elderly.
EXHIBIT "B"
SPAN
GENERAL FUND BUDGET
City of Denton Funding $26,000
Monthly Request $2,167
Monthly Meal Expenses
1,559 meals x $1.39 per meal $2,167
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