1992-189AN 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
Aglng 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.
~ That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the ~Z~day of ~, 1992.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:~__
APPROVED AS TO LEGAL FO~M:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~%.A00066 ~r
AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED
Thls 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, a non-profit corporation, 1800 Malone, Denton, Texas
76201 (hereinafter referred to as Agency);
WHEREAS, the City's Human Services Committee (HSC) has reviewed
the services of the Agency and has determined that the Agency
performs an important human service for the residents of Denton
without regard to race, religion, color, age or national origin, and
therefore HSC recommends funding the Agency; and
WHEREAS, the City has determined that the Agency merits assis-
tance and can provide needed services to citizens of the City, and
has provided for funds in 1ts budget for the purpose of paying for
contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
The Agency 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 provided benefits counseling such as assistance in
filing for Insurance, social security benefits, housing subsidies,
etc.
II. OBLIGATIONS OF AGENCY
In consideration of the receipt of funds from the City, Agency
agrees to the following terms and conditions.
A. It will establish a separate bank account for deposit of the
Twenty-five Thousand Seven Hundred Forty and No/100 ($25,740.00)
Dollars paid to the Agency by the City and the only expenditures
from this account, until such time as said funds are exhausted,
shall be for those expenses listed ~n the scope of services as
provided for herein. Agency shall not commingle funds received from
other sources in th~s 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 w~ll allow for a tracing of funds and a review
of the financial status of the program.
C. It wlll permit authorized officials for the City of Denton
to review its books at any tlme.
D. It will reduce to writing all of its rules, regulations, and
policies and file a copy with the City's Community Development
office along with any amendments, additions, or revisions whenever
adopted.
E. It w~ll not enter into any contracts that would encumber the
city funds for a period that would extend beyond the term of thls
Agreement.
F. At the discretlon of the city, the Agency may be required to
refund the balance of the special account to the City of Denton
at the end of the Agency's fiscal year.
G. It will promptly pay all bllls when submitted unless there
is a discrepancy in a bill; any errors or discrepancies in b~lls
shall be promptly reported to the Executive Dlrector of Finance or
his 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 the City from any and
all claims and suits arising out of the activities of the Agency,
its employees, and/or contractors and save and hold the city
harmless from all llabllity, including costs, expenses and attorneys
fees, for or on account of, any claims, audit exceptions, suits, or
damages of any character whatsoever resulting ~n whole or in part
from the performance or omission of any act of any employee, agent
PAGE 2
or representative of the Agency.
J. It will submit to the City of Denton copies of year-end
audited financial statements.
III. TIME OF PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame:
October 1, 1992 through September 30, 1993.
IV. METHOD OF PAYMENT
A. Payment by the city for services provided hereunder will be
made as follows; provided, that Agency shall request said payment by
letter addressed to: city of Denton, 105% West Hickory, Denton,
Texas 76201, Attn: Community Development Coordinator.
$6,435 on or after January 1, 1993
$6,435 on or after April 1, 1993
$6,435 on or after July 1, 1993
$6,435 on September 30, 1993
B. It is expressly understood and agreed that in no event under
the terms of this contract will the total compensation to be paid
hereunder exceed the maximum sum of Twenty-five Thousand Seven
Hundred Forty No/100 Dollars ($25,740.00) for all of the services
rendered. It is expressly understood that this contract in no way
obligates the General Fund or any other monies or credits of the
City of Denton.
C. The City shall not be obligated or liable under th~s
contract to any party other than the Agency for payment of any
monies or provision of any goods or services.
V. ~
The Agency agrees to participate in an implementation and
maintenance system whereby the services can be continuously
monitored. The Agency agrees to make available its financial
records for review by the City at the City's discretion. In
addition, the Agency agrees to provide the City the following data
and/or reports:
A. Ail external or internal audits Agency shall submlt a copy
of the annual independent audit to C~ty within ten (10) days
of receipt.
B. Ail external or internal evaluation reports.
PAGE 3
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 ethniclty of clients.
D. Agency 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 Contract, the Agency shall cause to be
delivered to the 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 the City in a timely manner to give adequate
notice, and shall include an agenda and a brief description of the
matters to be discussed. Agency understands and agrees that City
representatives shall be afforded access to all Board of Director's
meetings.
Minutes of all meetings of the Agency's governing body shall be
available to the City within ten (10) working days of approval
VII. SUSPENSION OR TERMINATION
The City may suspend or terminate this Agreement and payments to
the Agency, in whole or part, for cause Cause shall include but not
be limited to the following:
A. Agency's improper, misuse, or inept use of funds.
B. Agency's failure to comply with the terms and conditions of
this agreement.
C. Agency's submission of data and/or reports that are incorrect
or incomplete in any material respect, or
D. Appointment of a trustee, receiver or liquidator for all or
a substantial part of the Agency's property, or institution of
bankruptcy, reorganization, rearrangement of or liquidation pro-
ceedlngs by or against the Agency.
PAGE 4
E. If for any reason the carrying out of this agreement is
rendered impossible or infeasible.
In case of suspension, the City shall advise the Agency, in
writing, as to conditions precedent to the resumption of funding and
specify a reasonable data for compliance.
In case of termination, the Agency will remit to the city any
unexpended city funds. Acceptance of these funds shall not con-
stitute a waiver of any claim the City may otherwise have arising out
of this Agreement.
VIII. EOUAL OPPORTUNITY
A. Agency wlll 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 Contract.
B. Agency shall comply with all applicable equal employment
opportunity and affirmative action laws or regulations.
C Agency will furnish all information and reports requested by
the 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 the Agency's non-compliance with the non-
discrimination requirements, the Contract may be cancelled, termi-
nated, or suspended in whole or in part, and the Agency may be barred
from further contracts with the City.
IX. CONFLICT OF INTEREST
A. The Agency covenants that neither it nor any member of its
governing body presently has any interest, direct or indirect, which
would conflict in any manner or degree with the performance of
services required to be performed under this Contract. The Agency
further covenants that in the performance of this Contract, no person
having such interest shall be employed or appointed as a member of
its governing body.
B. The Agency further covenants that no member of its governing
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
PAGE 5
C. No officer, member, or employee of the City and no member of
1ts governing body who exercises any function or responsibilities in
the review or approval of the undertaking or carrying out of this
Contract shall (1) participate in any decision relating
to the Contract which affects his personal ~nterest 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 Contract or the proceeds thereof.
X. N~pOTISM
Agency 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 Agency, or is a member of Agency'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.
IN WITNESS WHEREOF, the parties do he~ affix t~,S~lg_n~r~es
and enter into this Agreement as of the~_~ day of ~
1992.
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, MAYO~ ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:~--
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
PAGE 6
SERVICES PROGRAM FOR AGING NEEDS
DIRECTOR
ATTEST:
AAA00066
PAGE 7