22-2069ORDiNANCENO. 22-2069
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FACILITY USE AGREEMENT BETWEEN THE CITY OF DENTON PARKSAND RECREATION DEPARTMENT AND SPAN INC. AND MEALS ON WHEELS OF
DENTON COUNTY FOR USE OF THE PARKS AND RECREATION SENIOR CENTER;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the “City”) recognizes that Span Inc. and Meals onWheels of Denton County (“Span MOW”) provides a necessary service to the older adult
community in Denton; and
WHEREAS, appropriate and responsible usage of City of Denton parks and recreation
facilities is imperative to the preservation and orderly utilization of said facilities; and
WHEREAS, usage of City of Denton parks and recreation facilities is administered and
mdnitored by the City of Denton Parks and Recreation Department to ensure compliance with
adopted facility regulations and policies; and
WHEREAS, the Facility Use Agreement outlines the responsibilities for each cooperating
party to ensure quality service to the senior center patrons; and
WHERAS, the Facility Use Agreement will be effective from the time of execution until
September 30, 2023, at which point a new annual agreement will be signed by the City Manager
or the designee; and
WHEREAS, the City of Denton City Council finds that it is the public best interest toapprove the Facility Use Agreement; NOW THEREFORE,
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS :
SECTION 1. The City of Denton City Council finds the recitations contained in the
preamble of this ordinance are incorporated herein.
SECTION 2. The City Manager, or designee, is further authorized to execute on behalf of
the City the Facility Use Agreement, a copy of which is attached hereto as Exhibit “A“ and made
a part hereof for all purposes.
SECTION 3. The City Manager, or designee, is further authorized to carry out all duties
and obligations to be performed by the City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by BriaN.\ bE and
seconded by Ml4414 ChASe Mae ; the ordinance was passed and approvedby the following vote [J_ - ILl :
Aye
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V’
vr
VP
V’
b/
V/
Ab
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2 :
Jesse Davis. District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the day of Ir . 2022
.hire=”
ATTEST:
ROSA RIOS, CITY SECRETARY
buSt IIIIIII
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
'-
BY:
Page 2 of 2
DocuSign Envelope ID: 0AD5815C-32AA-4F47-9758-DOB01574FFF3
Facility Use Agreement
Between
The City of Denton ("City")
and
Span, Inc., and Meals on Wheels of Denton County ("Span/MOW")
This Facility Use Agreement sets the terms and understanding between the City of Denton and
Span Inc. and Meals on Wheels of Denton County to provide nutritious meals to Denton area
seniors ages 60 and older through meal delivery service and congregate meals.
Background
For several decades, the Parks and Recreation Department (PARD) and Span/MOW have had an
ongoing relationship serving Denton area seniors. Currently, the Denton Senior Center is a
distribution site for Span/MOW volunteers to pick up and deliver meals to homebound seniors in
the community. Span staff and volunteers utilize the kitchen and two storage spaces for their daily
operatIon.
Purpose*.
This Agreement will provide an outline of which Span/MOW operates within the policies and
procedures set by the City and the Parks and Recreation Department to provide delivered meals,
congregate meal service, and nutrition education to seniors.
The above goal will be accomplished by undertaking the following activities:
1 . Responsibilities of Span/MOW
a. Span/MOW shall provide Federal Administration on Aging Title Ill nutrition
programs at the Site for purposes of serving the community.
b. Adhere to all City of Denton and Parks and Recreation policies and procedures.
c. Provide meals for seniors to enjoy as a congregate meal site.
d. Ensure all staff and volunteers working in the kitchen are Food Handler Certified.
e. Confirms equipment used (ice machine, refrigerator, freezer, stove, and heating
cabinet) properly functioning on a daily basis and alerts City staff immediately ofissues
f.Ensure perishable food items belonging to Span/MOW are not stored overnight
Clean all used surfaces and equipment used in kitchen and meal service areas at the
conclusion of service each day in accordance with Food Code guidelines.
Provide all necessary office supplies for operation, including but not limited to, a
working printer or copier and paper.
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h.
DocuSign Envelope ID: C)AD58150-32AA4F47-9758-DOB01574FFF3
2.Responsibilities of the City of Denton
a. Provide a health-permitted kitchen with access to working appliances including a
stove, heating cabinet, refrigerator, freezer, ice machine, and adequate counter space.
i. Space is available from 8 a.m. to 12 p.m., Monday – Friday
apart from City observed holidays and other necessary building
closures. ii. Ensure health standards are being met and inspected
annually.b. Provide and cover the cost of associated utilities.
c. Provide storage area for coolers, on-site paperwork, and insulated bags used for
delivering homebound meals.
d. Provide space and allow Span/MOW to display such notices and advisements as
may be required by the Title Ill program.
Responsibilities of both parties
a. Each party agrees to maintain the following:
i. General Liability Insurance, $1,000,000 minimum ii.
Automobile Insurance, $500,000 minimum iii. Worker's
Compensation Insurance
b. Use best efforts and cooperation for mutual benefit and the benefit of the senior
community in Denton.
3.
Reporting
Parks and Recreation staff on-site will be responsible for regularly evaluating the effectiveness
and adherence to the agreement. Span/MOW will be responsible to share monthly congregate
meal numbers with City staff.
Funding
This Agreement is not a commitment to funds. The City agrees to provide the in-kind donation of
the facility usage and building operation which Span/MOW uses to provide nutritious meals to
the community. Span/MOW agrees to cover the cost of their regular operation including, but not
limited to, staffing, operations, and cost of goods and materials.
Duration
This Agreement is at will and may be modified by mutual consent of authorized officials from
the City and Span/MOW. This Agreement shall become effective upon signature by the
authorized officials from the City and Span/MOW and will remain in effect until October 30,
2023. This Agreement is subject to annual renewal by the parties on mutually agreeable terms
and conditions, subject to regulations and/or conditions by the North Central Texas Area Agency
on Aging regarding the operation of the program. This agreement may also be terminated if
either party breaches the terms of the Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by
its duly authorized City Manager; and SPAN, INC. has executed this Agreement through their
duly authorized undersigned officers on this the day of , 2022.
DocuSign Envelope ID: 0AD5815C-32AA4F47-9758-DOB01574FFF3
ATTEST:
ROSA RIOS. CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
\ IJ.Q &'–
BY:
SPAN, INC
BY,. are,haIAL Ac rr\'b. Tr -,,
MICHELLE MCMAHON, EXECUTIVE DIRECTOR
WITNESS :
THIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED as to
financial and operational obligations andbusiness terms.
Gary Packan
PRINTED NAME
DIrector of Parks and Recreation
TITLE
parks and Recreation
DEPARTMENT