2001-358ORDINANCE NO ~)/~/--,fl~-~7
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
CONGREGATE & HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTIVE DATE (BID 2710 - CONGREGATE AND HOME DELIVERED MEAL PROGRAM
FOR SENIOR CITIZENS, AWARDED TO SPAN, IN THE AMOUNT OF $29,000)
WHEREAS, the C~ty has sohclted, mcetved and tabulated compet~ttve b~ds for the purchase
of necessary materials, eqmpment, supplies or services in accordance wtth the procedures of STATE
law and C~ty ordmances, and
WHEREAS, the City Manager or a destgnated employee has mvmwed and recommended that
the hereto described btds are the lowest responstble btds for the materials, equipment, supphes or
sermces as shown in the "Btd Proposals" submitted therefore, and
WHEREAS, the Ctty Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or servtces approved and accepted
heretn, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the followtng compet~ttve btds for materials, eqmpment, supphes, or
services, described m the "Bid Proposals" on file in the office of Ctty's Purchastng Agent filed
accordmg to the bid number asstgned hereto, are hereby accepted and approved as betng the lowest
responstble bids for such ttems
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2710 ALL SPAN $29,000
SECTION 2 That the acceptance and approval of the above competttlve bids, the Ctty
accepts the offer of the persons subnutting the bids for such ttems and agrees to purchase the
materials, eqmpment, supphes or services ~n accordance wtth the terms, specifications, standards,
quantities and for the specified sums contained m the Btd Invitations, Btd Proposals, and related
documents
SECTION 3 That the City and persons submtttlng approved and accepted ttems and of the
subnutted bids w~sh to enter tnto a formal written agreement as a result of the acceptance, approval,
and awarchng of the bids, the Ctty Manager or h~s destgnated mpresentattve ts hereby authorized to
execute the written contracts which shall be attached hereto, provtded that the written contract is tn
accordance with the terms, condmons, speclficattons, standards, quanutles and spemfied sums
contmned in the Bid Proposal and related documents hem~n approved and accepted
SECTION 4 That by the acceptance and approval of the above competmve b~ds, the C~ty
Council hereby authorizes the expendature of funds therefor ~n the amount and ~n accordance with
the approved bids or pursuant to a written contract made pursuant thereto as authorized here~n
SECTION 5 That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the //~-/g day of ~ 2001
EULINEBROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERB~~ATTORNEY
BY ~'~
2710 CONOREfiATE AND ~v~E DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS CONTRACT ORDINANCE
2001-2002 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
SPAN, INC
BID #2710
Th~S Agreement ~s hereby entered ~nto by and between the C~ty of Denton, Texas, a Home
Rule Mumc~pal Corporatmn, hereinafter referred to as "City", and SPAN, Inc, 1800 Malone,
Denton, TX 76201, a non-profit corporation, hereinafter referred to as "Organization",
WHEREAS, C~ty's Human Serwces Advisory Committee ("HSAC") has rewewed the
proposal for services and has determined that Organization performs an ~mportant service for the
residents of Denton wathout regard to race, rehg~on, color, age or national ong~n, and HSAC
recommends the purchase of services, and
WHEREAS, C~ty has determined that the proposal for services merits assistance and can
provide needed services to c~t~zens of C~ty and has provided funds m its budget for the purpose
of paying for contractual services,
NOW, THEREFORE, the parties hereto mutually agree as follows
SCOPE OFSERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the momes provided by City may be used
A To provide congregate meals to elderly c~tazens at the Denton Semor Center and at the
American Legion Hall
B To pmwde home dehvered meal to semors hvlng an the C~ty of Denton
C Target persons who are 60 years of age and older, persons at-risk, low ~ncome, frml and
minority elderly for home dehvered 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 C~ty, Orgamzat~on agrees to the following
terms and conditions
A Twenty-nme Thousand Dollars ($29,000 00) may be prod to Organization by C~ty, and the
only expenditures reimbursed from these funds, shall be those ~n accordance w~th the
Page 1 of 17
B
C
D
E
F
G
H
project budget, attached hereto as Exhibit B and incorporated herem by reference, for those
expenses hsted m the scope of servmes as provided herem Orgamzat~on shall not utilize
these funds for any other purpose
It will estabhsh, operate, and mmntmn an account system for th~s program that will allow
for a tracing of funds and a rewew of the financml status of the program
It will permit authorized officials of City to review ~ts books at any time
It will reduce to writing all of~ts roles, regulations, and pohcles and file a copy with C~ty's
Commumty Services Division along w~th any amendments, additions, or rewslons
whenever adopted
It will not enter into any contracts that would encumber City funds for a period that would
extend beyond the term of th~s Agreement
It will promptly pay all bills when submitted unless there is a d~screpancy ~n a bill, any
errors or d~screpanc~es m bills shall be promptly reported to C~ty's Commtunty Services
Division for further direction
It will appoint a representative who will be available to meet w~th City officials when
requested
It will mdemmfy and hold harmless City from any and all chums and suits arising out of
the, act~v~tles of Orgamzat~on, 1ts employees, and/or contractors
I It will submit to City cop~es of year-end audited financial statements
e
TIME OF PERFORMANCE
The services funded by Cl~y shall be undertaken and completed by Orgamzat~on within the
following time frame
October 1, 2001 through September 30, 2002, unless the contract ~s sooner terminated
under Section 7 Suspension or Termination
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A
Orgamzataon shall comply with all apphcable federal laws, laws of the State of Texas and
ordinances of the City of Denton
Page 2 of 17
A
B
C
D
A
REPRESENTATIONS
Orgamzat~on assures and guarantees that It possesses the legal authority, pursuant to any
proper, appropnate and officml motion, resolution or action passed or taken, to enter into
th~s Agreement
The person or persons signing and executing th~s Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully authorized by
Orgamzatlon to execute this Agreement on behalf of Organization and to vahdly and
legally bind Orgamzat~on to all terms, performances and provisions herein set forth
City shall have the right, at Its option, to either temporarily suspend or permanently
terminate th~s Agreement ~f there is a dispute as to the legal authority of either
Organ~zatmn or the person s~gnmg the Agreement to enter into this Agreement
0rganlzatmn is liable to C~ty for any money it has received from City for performance of
the prowslons of th~s Agreement if City has suspended or terminated th~s Agreement for
the reasons enumerated in this Section
Organization agrees that the funds and resources provided Organization under the terms
of this Agreement will in no way be substituted for funds and resources from other
sources, nor ~n any way serve to reduce the resources, services, or other benefits whrch
would have been avtulable to, or prowded 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 remaan unhqmdated, Organization shall not, without the prior written consent
of the Commtm~ty Development Admlmstrator or her authorized representative
O)
Mortgage, pledge, or othervase encumber or suffer to be encumbered, any of the
assets of Organization now owned or hereafter acqmmd by it, or permit any pre-
emstmg mortgages, liens, or other encumbrances to remaan on, or attached to, any
assets of Orgamzatlon which are allocated to the performance of this Agreement
and with respect to which C~ty has ownershrp 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 habfilty for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
Page 3 of 17
B
C
A
B
C
D
(5)
Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds prod to Orgamzatlon by City, unless C~ty 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 reqmre its employees to attend
trmnmg sessions sponsored by the Community Development Office
7
PAYMENTS
PAYMENTS TO ORGANIZATION City shall pay to Orgamzatlon a maximum amount of
money not to exceed Twenty-mne Thousand Dollars ($29,000 00) for services rendered
under this Agreement City will pay these fimds on a reimbursement basis to Orgamzatlon
w~tban twenty days after City has received supporting documentation Orgamzatlon's
failure to request reimbursement on a timely basis, may jeopardize present or future
funding
EXCESS PAYMENT Organization shall refund to City within ten workmg days of City's
request, any sum of money wluch 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
DEOBLIGATION OF FUNDS/REVERSION 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 reappropnate 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 C~ty within ten working days of a written
notice to Organization to revert these financial assets The reversion of these financial
assets shall be in addmon to any other remedy avmlable to City either at law or in equity
for breach of this Contract
Page 4 of 17
E
A
B
C
D
CONTRACT CLOSE OUT Orgamzataon shall submat the contract close out package to City,
together with a final expendature report, for the tame period covered by the last invoice
requesting reambursement of funds under thas Agreement, within 15 workang days
following the close of the contract period Orgamzataon shall utthze the form agreed upon
by Caty and Organazatmn
MAINTENANCE OF RECORDS
Organlzataon agrees to mmntmn records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, an
comphance wath the promslons of Exhablt B, attached hereto, and with any other
apphcable Federal and State regulataons estabhshlng standards for financial management
Orgamzataon's record system shall contain sufficaent documentation to provade in detail
full support and justfficataon for each expenditure Nothing in thas Sectaon shall be
construed to reheve Orgamzatlon of fiscal accountability and habfllty under any other
promslon of thas Agreement or any applicable law Organazataon shall include the
substance of this provision an all subcontracts
Orgamzatlon agrees to retmn all books, records, documents, reports, and written
aecountang procedures pertaining to the operation of programs and expendatures of funds
under this Agreement for five years and under the conditions specified by Caty
Nothing in the above subsectmns shall be construed to relieve Organ~zataon of
responsabthty 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 Caty may deem necessary, the Orgamzataon shall
make available to C~ty, HUD, or any of thear authorized representatives, all of its records
and shall permit City, HUD, or any of their authorized representataves to audit, examane,
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 smd representataves
REPORTS AND INFORMATION
At such times and in such form as City may require, Organazatlon shall furnish such
statements, records, data and lnformataon as Caty may request and deem pertinent to matters
covered by thas Agreement
Organlzatmn shall submat quarterly beneficiary and financial reports to Caty no less than
once each three months The beneficmry report shall detail client anformataon, lncludang race,
income, female head of household and other statastms required by C~ty The financml report shall
Page 5 of 17
include information and data relative to all programmatic and financial reporting as of the
beginning date specified in Seeuon 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 momtored Organization agrees to make available its financial
records for review by City at City's discretion In addmon, Organization agrees to provide City
the following data and reports, or copies thereof
A
AIl external or internal audits Organization shall submit a copy of the annual Independent
audit to City w~thln ten days of receipt
B All external or internal evaluation reports
C
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
D
Orgamzatlon agrees to submit quarterly financial statements in January, April, July, and
September Each statement shall include current and year-to-date period accounting of all
revenues, expenditures, outstanding obhgatlons 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
F
To comply w~th this section, Orgaruzatlon agrees to mmntaln records that will provide
accurate, current, separate, and complete disclosure of the status of fimds 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 accotmtlng procedures pertammg to the services provided and expenditure of funds
under this Agreement for the period of time and under the conditions specified by the City
G
Nothing in the above subsections shall be construed to relieve Organization of
responslblhty for retmnmg accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement
Page 6 of 17
11
DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall dehver 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 m a timely manner to give adequate notme, and shall include an agenda and
a brief description of the matters to be discussed Organlzatmn understands and agrees that
City's representatives shall be afforded access to all meetings of its Board of Directors
Minutes of all meetings of Orgamzatlon's governing body shall be available to City within
ten days after Board approval
12.
SUSPENSION OR TERMINATION
A
The C~ty may terminate this Agreement with cause if the Organization violates any
covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or
fihng of bankruptcy, dissolution, or receivership, or the Organization's violation of any law
or regulation to which it is bound under the terms of thru Agreement
B
The City may terminate this Agreement for convemence at any time If the City terminates
th~s Agreement for convenience, Orgamzatlon will be paid an amount not to exceed the
total amount of accrued expendatures as of the effective date of termination In no event
will this compensation exceed an amount, whmh 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 ease 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, Organ~zatlon wall 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 pohc~es shall be established by Organization and shall be available for
examination Such personnel pollmes shall
A
Be no more liberal than City's personnel pohcles, procedures, and practices, including
pollmes wath respect to employment, salary and wage rates, working hours and holidays,
fringe benefits, vacation and s~ck leave privileges, and travel, and
B Be in writing and shall be approved by the governing body of Organization and by City
Page 7 of 17
14
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A
Organization will submit for City approval, a written plan for comphance w~th the Equal
Employment and Affirmative Action Federal provisions, within 120 days of the effective
date of this Agreement
B
Organization shall comply with all apphcable equal employment opportumty 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 tho event of Organization's non-comphance 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 w~th City
15.
WARRANTIES
Organization represents and warrants that
A
All information, reports and data heretofore or hereafter requested by City and furnished to
C~ty, 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
B
Any supporting financial statements heretofore requested by City and furnished to City, are
complete, accurate and fmrly reflect the financial conditions of Organization on the date
shown on smd report, and the results of the operation for the period covered by the report,
and that s~nce smd date, there has been no material change, adverse or otherwise, ~n the
finanmal condition of Organization
C No htlgatton or legal proceedings are presently pending or threatened against Orgamzat~on
D
None of the provisions here~n contravene or are in conflict with the authority under which
0rgan~zatlon is doing business or with the provisions of any existing indenture or
agreement of Organizatmn
E
0rganlZatlon 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 th~s Agreement
Page 8 of 17
F
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 m 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
A
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
B
Orgamzatlon may not make transfers between or among approved line items within budget
categories set forth m 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 ~ncrease the
total monetary obligation of City under tlus Agreement In addition, budget revisions
cannot significantly change the nature, intent, or scope of the program funded under this
Agreement
C
Orgamzat~on 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 contmned in any portion of Exhibit B
D
It is understood and agreed by the part,es hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement Any
such modfficattons are to be automatically incorporated ~nto flus Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation
E
F
City may, from time to time during the term of the Agreement, request changes m Exhibit
A which may include an increase or decrease ~n the amount of Organ~zat~offs
compensation Such changes shall be ~ncorporated m a written amendment hereto, as
provided m Subsection A of this Section
Any alterations, deletions, or additions to the Contract Budget Detml incorporated
Exhlbat B shall require the prior written approval of C~ty
G Organization agrees to notify City of any proposed change ~n physical location for work
performed under th~s Agreement at least 30 calendar days in advance of the change
H Organization shall notify City of any changes in personnel or govermng board
compomlon
Page 9 of 17
It is expressly understood that neither the performance of Exhxbat A for any program
contracted hereunder nor the transfer of funds between or among smd programs wall be
permitted
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any clmm, demand, stat or other action ~s made or brought by any
person(s), firm corporatxon or other entxty agmnst Orgamzat~on, Organization shall g~ve written
notice thereof to C~ty w~thln two workxng days after bemg notffied of such claim, demand, stat or
other actxon Such notxce shall state the date and hour of notfficatlon of any such clmm, demand,
stat or other action, the names and addresses of the person(s), firm, corporatxon or other entity
making such clmm, or that mstxtuted or threatened to institute any type of action or proceeding,
the basxs of such clmm, action or proceeding, and the name of any person(s) agmnst whom such
claim ~s being made or threatened Such written notice shall be dehvered e~ther personally or by
mml
18.
INDEMNIFICATION
A
It is expressly understood and agreed by both partaes hereto that City as contracting
with Organization as an independent contractor and that as such, Orgamzat~on
shall save and hold City, its officers, agents and employees harmless from all
hablhty of any nature or kind, including costs and expenses for, or on account of,
any clmms, audit exceptions, demands, stats 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
B
Orgamzatlon agrees to provide the defense for, and to lndemnafy and hold harmless
City tts agents, employees, or contractors from any and all clmms, stats, causes of
action, demands, damages, losses, attorney fees, expenses, and habdlty arising out of
the use of these contracted funds and program administration and lmplementataon
except to the extent caused by the willful act or omission of C~ty, its agents or
employees.
19.
INSURANCE
A
Organization shall observe sound bus~ness practmes w~th respect to prowd~ng such
bonding and insurance as would prowde adequate coverage for servtces offered under
th~s Agreement
B
The premises on and ~n which the act~vlt~es described ~n Extub~t A are conducted, the
employees conducting these act~wtles, shall be covered by premise habthty ~nsurance,
Page 10 of 17
C
D
E
F
A
B
C
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 obtmn
employers' liability coverage where available and other appropriate liability coverage for
program participants, if appheable
Organization will mmntaln adequate and continuous hablhty insurance on all vehicles
owned, leased, or operated by Organization All employees of Organization who are
reqmred 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 mmntalned 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 remmn the sole responslbthty of Organization
The policy or policies of insurance shall contain a clause which requires that City and
Organization be notified an writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation
20.
CONFLICT OF INTEREST
Organization covenants that neither ~t nor any member of its governing body presently
has any interest, direct or redirect, which would conflict in any manner 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 1ts 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 gmn 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 govemlng body who
exercises any function or responslbthtles 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 17
21.
NEPOTISM
Organization shall not employ an any pad capacity any person who as a member of the
immedmte family of any person who as currently employed by Organization, or is a member of
Organizat~offs governmg board The term "member of lmmedaate family" mcludes wife,
husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, mete,
step-parent, step-cluld, half-brother and half-sister
22
NOTICE
Any notace or other written anstrument reqmred or permatted to be dehvered under the
terms of thas Agreement shall be deemed to have been delivered, whether actually received or
not, when deposated m the United States mai1, postage prepaid, registered or cemfied, return
receapt requested, addressed to Orgamzataon or Caty, as the case may be, at the following
addresses
CITY
City of Denton, Texas
Attn Caty Manager
215 E McKanney
Denton, TX 76201
ORGANIZATION
SPAN, Inc
ATTN Executive Darector
1800 Malone
Denton, TX 76201
Eather party may change ets marling address by sending notice of change of address to the
other at the above address by certified real, return receipt requested
23
MISCELLANEOUS
A
Orgamzataon shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any clam arasmg thereunder to any party or parties, bank, trust company or
other financml anstltution without the prior written approval of C~ty
B
C
If any promsaon of th~s Agreement as held to be invahd, illegal, or unenforceable, the
remammg promslons shall reman in full force and effect and continue to conform to the
original antent of both partaes hereto
In no event shall any payment to Organlzatton hereunder, or any other act or failure of
City to lnsast m any one or more mstances upon the terms and conditaons of this
Agreement constatute or be construed in any way to be a waver by City of any breach of
covenant or default whach may then or subsequently be committed by Organazation
Neither shall such payment, act, or omassaon In any manner impar or prejudice any right,
power, privilege, or remedy avalable to City to enforce its rights hereunder, which rights,
Page 12 of 17
powers, pnwleges, or remedies are always specifically preserved No representative or
agent of Cay may waive the effect of tbs provision
D
This Agreement, together vath referenced exh~hts and attachments, constitutes the entire
agreement between the part,es hereto, and any prior agreement, assertion, statement,
understanchng, or other commatment occurnng dunng the term of flus Agreement, or
subsequent thereto, have any legal fome or effect whatsoever, unless properly executed in
writing, and ff appropriate, recorded as an amendment of th~s Agreement
E
In the event any disagreement or dispute should arise between the parties hereto
pertmmng to the interpretation or meaning of any part of th~s Agreement or ~ts governing
rules, codes, laws, ordinances, or regulations, C~ty as the party ultimately responsible to
HUD for matters of compliance, will have the final authority to render or to secure an
~nterpretatlon
F
This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any ht~gatlon concermng th~s Agreement shall be an a court of competent
jurisdiction sitting in Denton County, Texas
WITNESS WHEREOF, the partie~do hereby affix their s~gnatures and enter into this
Agreement as ofthe /~ dayof O~?,~zg~/Y/Jt~g~/~ ,2001
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS
CITY SECRETARY
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APPROVED AS TO LEGAL FORM
HERBERT L PROUTY
CITY ATTORNEY
ATTEST'
BY
BOARD SECRETARY
SPAN, INC
EXE~UTI'~ D~E
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City of Denton - Commumty Services Division
Qualifying Income Limits for Federally Assisted Programs
FY 2001/2002
Maximum Income Levels
Famdy Moderate Income Low Income Very-Low Income Extremely. Low Income
Size 80% AMI - <65% AMI 65% AMI - <50% AMI 50% AMI - <30% AMI _<30% AMI
1 $36,050 - 29,316 $29,315 - $22,551 $22,550- $13,531 $13,530 or Below
2 $41,200 - $33,476 $33,475 - $25,751 $25,750 - $15,451 $15,450 or Below
3 $46,350 - $37,701 $37,700 - $29,001 $29,000- $17,401 $17,400 or Below
4 $51,500 - $41,861 $41,860 - $32,201 $32,200 - $19,321 $19,320 or Below
5 $55,650 - $45,241 $45,240 - $34,801 $34,800- $20,881 $20,880 or Below
6 $59,750 - $48,556 $48,555 - $37,351 $37,350 - $22,411 $22,410 or Below
7 $63,900 - $51,936 $51,935 - $39,951 $39,950 - $23,971 $23,970 or Below
8 $68,000 - $55,251 $55,250 - $42,501 $42,500- $25,551 $25,550 or Below
Source: O S Department of Housing and Urban Development
Effective: October 2001
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EXHIBIT A
WORK STATEMENT
SPAN, INC
(B~D #27 ~ 0)
Organization will provide congregate meals at the Denton Senior Center and the
American Legion Hall to clients of those respective facalmes every Monday through
Fraday, w~th the exception of designated holidays
Orgamzatton wall promote better mental and physical health for older people through
nutrltaous meals and socmhzatlon
Organization will provide home delivered meal assistance to seniors living in the City of
Denton every Monday through Friday, with the exception of designated holidays
Organization will target persons who are 60 years and older, at-risk, low income, fraal
and minority elderly for home delivered meal assistance Program must show evidence
of marketing meal services to low-income, fraal and minority elderly clients
OUTCOME MEASURES
· Organization will provide meals to at least 400 unduphcated City of Denton residents
dunng the course of the contract year
· Organization will provide at least 15,000 meals to residents of Denton during the
contract year
· At least 20% of clients receiving meals serwces will come from minority households
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EXHIBIT B
BUDGET
SPAN, INC
(BID #2710)
CONTRACT BUDGET
Reimbursement for Meals
$29,000 O0
Through th~s Serwce Agreement, the C~ty of Denton will pay for a port~on of the cost of each
congregate and home dehvered meal The Ctty's reimbursement to SPAN, Inc will be on a per
meal basis SPAN will charge the City of Denton the following prices throughout the contract
year
Cost of Congregate Meals
Cost of Home Delivered Meals
$ 1 50 ea
$ 150 ea
Reimbursement requests may come to the C~ty of Denton on a monthly or quarterly basis
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