2003-332ORDINANCE NO. Z~FFc~-~A
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND SPAN INC. FOR PROVIDING NUTRITIONAL MEALS
FOR ELDERLY OR DISABLED LOW TO MODERATE INCOME PERSONS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, SPAN Inc., a Texas non-profit corporation, (the "Organization") provides for
nutritional meals for elderly or disabled low to moderate income persons in the City of Denton,
Texas (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreement attached hereto and made a part hereof by reference (the "Public Service Agreement");
and
WHEREAS, the Program is a part of the City's community development program as
authorized by Chapter 373 of the Local Government Code and it helps to eliminate conditions
detrimental to the public health and safety by providing opportunities and services to low to
moderate persons in Denton that would otherwise not be available; and
WHEREAS, the Program and the Public Service Agreement are necessary to preserve and
protect the public health and safety of the City's residents by helping to insure that low to moderate
income elderly or disabled persons have nutritional meals, thereby preserving the health of such
persons; and
WHEREAS, City Council finds that if the Program and the Public Service Agreement are not
available, persons would be at risk of being ill, thereby creating a substantial health and safety risk
for citizens of Denton; and
WHEREAS, City Council finds that the Public Service Agreement and the expenditures
provided for in the Agreement are exempt from competitive bidding as a procurement necessary to
preserve or protect the public health or safety of the City's residents under Section 252.022(a)(2) of
the Local Government Code; and
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
Public Service Agreement serve important municipal and public purposes and are in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
S:\Our Documents\Ordinances\03\Span Inc..DOC
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Public
Service Agreement and to carry out the duties and responsibilities of the City under the Public
Service Agreement, including the expenditure of funds as provided in the Public Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~7~/~¢ day of /~-~/ , 2003.
EULINE BROCK, MAYOR
ATTEST:
JEN~E~ R WALTER~.i C~ Y SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
2003-2004 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
SPAN, INC.
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 SPAN, Inc., 1800 Malone,
Denton, TX 76201, a non-profit corporation, hereinafter referred to as "Organization";
WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the
proposal for services and has determined that Organization performs an important service for the
residents of Denton without regard to race, religion, color, age or national origin, and HSAC
recommends the purchase of services; and
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose
of paying for contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used:
To provide congregate meals to elderly citizens at the Denton Senior Center and at the
American Legion Hall.
B. To provide home delivered meal to seniors living in the City of Denton.
Target persons who are 60 years of age and older, persons at-risk, low income, frail and
minority elderly for home delivered meal assistance.
Organization shall perform those services described in the Work Statement herein attached
as Exhibit A.
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions:
Twenty-nine Thousand Dollars ($29,000.00) may be paid to Organization by City, and the
only expenditures reimbursed from these funds, shall be those in accordance with the
project budget, attached hereto as Exhibit B and incorporated herein by reference, for those
Page 1 of 18
expenses listed in the scope of services as provided herein. Organization 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 Division 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. It will promptly pay all bills when submitted unless them is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to City's Community
Development Division for further direction.
G. It will appoint a representative who will be available to meet with City officials when
requested.
H. 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.
I. It will submit to City copies of year-end audited financial statements.
3.
TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame:
October 1, 2003 through September 30, 2004, unless the contract is sooner terminated
under Section 7 "Suspension or Termination".
4.
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A. Organization shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton.
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REPRESENTATIONS
Organization 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 Agreement.
The person or persons signing and executing this Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully authorized by
Organization to execute this Agreement on behalf of Organization and to validly and
legally bind Organization to all terms, performances and provisions herein set forth.
City shall have the right, at its option, to either temporarily suspend or permanently
term'mate this Agreement if there is a dispute as to the legal authority of either
Organization or the person signing the Agreement to enter into this Agreement.
Organization is liable to City for any money it has received from City for performance of
the provisions of this Agreement if City has suspended or terminated this Agreement for
the reasons enumerated in this Section.
Organization agrees that the funds and resources provided Organization trader the terms
of this Agreement will in no way be substituted 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, Organization had this Agreement not
been executed.
COVENANTS
During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, Organization shall not, without the prior written consent
of the Community Development Administrator or her authorized representative:
(1)
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Organization now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remain on, or attached to, any
assets of Organization 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 its assets.
(4)
Make any advance or loan to, or incur any liability for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser.
Page 3 of 18
Co
(5)
Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds paid to Organization by City, unless City authorizes such
transfer.
Organization cannot use funds received under this Agreement to acquire or improve real
property.
Organization agrees, upon written request by City, to require its employees to attend
training sessions sponsored by the Community Development Office.
PAYMENTS
PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of
money not to exceed Twenty-nine Thousand Dollars ($29,000.00) 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.
EXCESS PAYMENT. Organization shall refund to City within ten 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) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Organization's reimbursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted line items for costs as specified in Exhibit B.
DEOBLIGAT1ON OF FUNDS,q~VERSION OF ASSETS. In the event that actual expenditures
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
under expended funds. If City finds that Organization is unwilling and/or unable to
comply with any of the terms of this Contract, City may require a refund of any and all
money expended pursuant to this Contract by Organization, as well as any remaining
unexpended funds which shall be refunded to City within ten working days of a written
notice to Organization to revert these financial assets. The reversion of these financial
assets shall be in addition to any other remedy available to City either at law or in equity
for breach of this Contract.
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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 reimbursement of funds under this Agreement, within 15 working days
following the close of the contract period. Organization shall utilize the form agreed upon
by City and Organization.
ge
MAINTENANCE OF RECORDS
Organization agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in
compliance with the provisions of Exhibit B, attached hereto, and with any other
applicable Federal and State regulations establishing standards for financial management.
Organization'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 Organization of fiscal accountability and liability under any other
provision of this Agreement or any applicable law. Organization shall include the
substance of this provision in all subcontracts.
Organization 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 five years and under the conditions specified by City.
Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement.
At any reasonable time and as often as City may deem necessary, the Organization shall
make available to City, HUD, or any of their authorized representatives, all of its records
and shall permit City, HUD, or any of their authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data
requested by said representatives.
REPORTS AND INFORMATION
At such times and in such form as City may require, Organization shall furnish such
statements, records, data and information as City may request and deem pertinent to matters
covered by this Agreement.
Organization 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
Page 5 of 18
include information and data relative to all programmatic and financial reporting as of the
beginning date specified in Section 1 of this Agreement.
Unless the City has granted a written exemption, Organization shall submit an audit
conducted by independent examiners with ten days after receipt of such.
10.
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:
All external or internal audits. Organization shall submit a copy of the annual independent
audit to City within ten days of receipt.
B. All external or internal evaluation reports.
Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City's Community
Development Division including but not limited to: number of persons or households
assisted, race, gender, disability status and household income. Beneficiary reports shall be
due to City within 15 working days after the completion of each quarter.
Organization agrees to submit quarterly financial statements in January, April, July, and
September. Each statement shall include current and year-to-date period accotmting of all
revenues, expenditures, outstanding obligations and beginning and ending balances.
Financial reports shall be due to City within 15 working days after the completion of each
quarter.
E. An explanation of any major changes in program services.
To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the
services performed under this Agreement. Organization's record system shall contain
sufficient documentation to provide in detail full support and justification for each
expenditure. Organization agrees to retain all books, records, documents, reports, and
written accounting procedures pertaining to the services provided and expenditure of funds
under this Agreement for the period of time and under the conditions specified by the City.
Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement.
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11.
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'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 days after Board approval.
12.
SUSPENSION OR TERMINATION
The City may terminate this Agreement with cause if the Organization violates any
covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or
filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law
or regulation to which it is bound under the terms of this Agreement.
The City may terminate this Agreement for convenience at any time. If the City terminates
this Agreement for convenience, Organization will be paid an amount not to exceed the
total amount of accrued expenditures as of the effective date of termination. In no event
will this compensation exceed an amount, which bears the same ratio to the total
compensation as the services actually performed bears to the total services of Organization
covered by the Agreement, less payments previously made.
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 constitute a waiver of any claim City may otherwise
have arising out of this Agreement.
13.
PERSONNEL POLICIES
Personnel policies shall be established by Organization and shall be available for
examination. Such personnel policies shall:
Be no more liberal than City's personnel policies, procedures, and practices, including
policies with respect to employment, 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 Organization and by City.
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14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
Organization will submit for City approval, a written plan for compliance with the Equal
Employment and Affirmative Action Federal provisions, within 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.
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 roles and regulations.
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.
15.
WARRANTIES
Organization represents and warrants that:
All 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
City.
Any supporting financial statements heretofore requested by City and fumished to City, are
complete, accurate and fairly reflect the financial conditions of Organization on the date
shown on said report, and the results of the operation for the period covered by the report,
and that since said date, 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.
None of the provisions herein contravene or are in conflict with the authority under which
Organization is doing business or with the provisions of any existing indenture or
agreement of Organization.
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.
Page 8 of 18
None of the assets of Organization are subject to any lien or encumbrance of any character,
except for current taxes not delinquent, except as shown in the financial statements
furnished 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.
16.
CHANGES AND AMENDMENTS
Any alterations, additions, or deletions 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.
Organization may not make transfers between or among approved line items within budget
categories set forth in Exhibit B without prior written approval of the Community
Development Administrator for the City. Organization shall request, in writing, the budget
revision in a form prescribed by City, and such request for revision shall not increase the
total monetary obligation of City under this Agreement. In addition, budget revisions
cannot significantly change the nature, intent, or scope of the program funded under this
Agreement.
Organization will submit revised budget and program information, whenever the level of
funding for Organization or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit B.
It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation.
City may, from time to time during the term of the Agreement, request changes in Exhibit
A which may include an increase or decrease in the amount of Organization's
compensation. Such changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
Any alterations, deletions, or additions to the Contract Budget Detail incorporated in
Exhibit B shall require the prior written approval of City.
G. Organization agrees to notify City of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
H. Organization shall notify City of any changes in personnel or governing board
composition.
Page 9 of 18
It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs will be
permitted.
17.
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 Organization, Organization shall give written
notice thereof to City within two 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
mail.
18.
INDEMNIFICATION
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
shah 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, suits 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.
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, its agents or
employees.
19.
INSURANCE
Organization shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under
this Agreement.
The premises on and in which the activities described in Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
Page 10of18
commonly referred to as "Owner/Tenant" coverage with City named as an additional
insured. Upon request of Organization, City may, at its sole discretion, approve alternate
insurance coverage arrangements.
Organization will comply with applicable workers' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
Organization will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization. All employees of Organization 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 Organization's files.
Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of Organization.
The policy or policies of insurance shall contain a clause which requires that City and
Organization be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation.
20.
CONFLICT OF INTEREST
Organlzatiofl covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, which would conflict in any maimer or degree with the
performance of services required to be performed under this Agreement. Organization
further covenants that in the performance of this Agreement, no person having such
interest shall be employed or appointed as a member of its governing body.
Organization further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his/her position for a
purpose that is or gives the appearance of being motivated by desire for private ga'm for
himself/herself, or others; particularly those with which he/she has family, business, or
other ties.
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 participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
Page 11 of 18
21.
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.
22.
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
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
ORGANIZATION
SPAN, Inc.
ATTN: Executive Director
1800 Malone
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 mail, return receipt requested.
23.
MISCELLANEOUS
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 financial institution without the prior written approval of City.
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.
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 constitute or be construed in any way to be a waiver by City 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 its rights hereunder, which rights,
Page 12of18
powers, privileges, or remedies are always specifically preserved. No representative or
agent of City may waive the effect of this provision.
Do
This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement, or
subsequent thereto, have any legal force or effect whatsoever, unless properly executed in
writing, and if appropriate, recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto
pertaining to the interpretation or meaning of any part of this Agreement or its governing
roles, 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.
This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
IN WITNESS W~I, E.REOF, the parties do hereby affix their signatures and enter into this
Agreement as of the /oC:~ day of ~r_~,O~./-A~Tq. _~p./t ~, ,2003
CITY OF DENTON, TEXAS
TvlICHAEL A. CONDUFF
CITY MANAGER
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
BY:
Page 13 of 18
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
ATTEST:
SPAN, INC.
BOARD SECRETARY
Page 14of18
EXHIBIT A
SCOPE OF SERVICES
SPAN, Inc.
The Scope of Services under this Agreement shall be as follows:
SECTION I - ACTIVITY
ORGANIZATION shall provide congregate meals and home delivered meal assistance.
Beneficiaries of the services to be provided hereunder must reside in the City of Denton and
ORGANIZATION shall provide services low-income persons who are age 60 years and older.
Organization will target persons who are 60 years and older, at-risk, low income, frail and
minority elderly for home delivered meal assistance.
SECTION II - SERVICES
In order to complete the agreed upon activity ORGANIZATION shall provide the following
services:
Congregate meals at the Denton Senior Center and the American Legion Hall to clients of
those respective facilities every Monday through Friday, with the exception of designated
holidays.
Home delivered meal assistance to seniors living in the City of Denton every Monday
through Friday, with the exception of designated holidays.
Marketing of meal services to low-income, frail and minority elderly clients.
SECTION III - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the ORGANIZATION can measure
performance under this agreement. A unit of service shall be defined as one congregate or home
~lelivered meal received by a client as described in Section II - Services.
Page 15 of 18
SECTION IV - GOALS
ORGANIZATION shall provide at least 15,000 units of service during the course of the contract
year. The total number of units of service required constitutes the performance target for the
ORGANIZATION under this Agreement. The ORGANIZATION will provide services to at
least 400 unduplicated City of Denton residents during the term on this Agreement. In addition,
at least 20% of clients receiving meals services will come from minority households.
ORGANIZATION shall provide the services listed in this Agreement within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the ORGANIZATION exceed the lesser of the
ORGANIZATION's costs attributable to the work performed as stated herein, or sum of Twenty
Nine Thousand Dollars ($29,000).
SECTION IV - OUTCOMES
Direct Service Outcome
The services of SPAN, Inc. create better mental and physical health for their clients through
nutritious meals and socialization.
Community Outcome
SPAN, Inc. assists the City of Denton in the provision of necessary health care services for low
to moderate income special populations, individuals age 60 years and older, as outlined in the
2000-2005 City of Denton Consolidated Plan for the use of Community Development Block
Grant funds. SPAN, Inc. benefits the citizens of the City of Denton and supports a coordinated
effort to maximize community resources by:
· Reduction in hunger and nutritional deficiencies for Citizens age 60 years and older.
· Improved quality of life for Citizens age 60 years and older.
Page 16 of 18
Exhibit B
Budget
SPAN, Inc
Allowable Expenditure
Reimbursement for Meals
Budget Amount
$29,000
Total $29,000
Through this Service Agreement, the City of Denton will pay for a portion of the cost of each
congregate and home delivered meal. The City's reimbursement to SPAN, Inc. will be on a per
meal basis. Reimbursement requests may come to the City of Denton on a monthly or quarterly
basis.
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Date:
2003-2004
Exhibit C
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
Moderate Income
80% AMI - <65%
AMI
$37,250- $30,251
$42,550- $34,601
$47,900- $38,901
$53,200- $43,251
$57,450- $46,701
$61,700 - $50,151
$65,950 -$53,601
$70,200 -$57,051
Source:
Low Income
65% AMI - <50%
AMI
$30,250- $23,301
$34,600- $26,601
$38,900- $29,951
$43,250- $33,251
$46,700 - $35,901
$50,150 - $38,551
$53,600- $41,251
$57,050- $43,901
Very-Low Income
50% AMI - <30%
AMI
$23,300- $13,951
$26,600- $15,951
$29,950- $17,951
$33,250- $19,951
$35,900 - $21,551
$38,550- $23,151
$41,250- $24,751
$43,900- $26,351
Ex~emely-Low
Income
~30%AMI
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
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