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HomeMy WebLinkAbout1987-2101227L NO,% AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) RELATING TO HANDIHOP SERVICE, AUTHORIZING THE MAYOR TO EXECUTE THE AGREE- MENT, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, 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 consideration to Services Program for Aging Needs (SPAN), the valuable public services providing transportation for handi- capped persons to be furnished by Services Program for Aging Needs (SPAN) to the City of Agreement' attached hereto, NOW, THEREFORE, on in nce with the "Funding THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the "Fun ing Agreement" attached hereto, between and i thoof D nton and Services Program for Aging Needs (SPAN), Mayor to execute said agreement SECTION II That the City Council authorizes the expenditure of fun s in t e manner and amount as specified in the Agreement SECTION III That this imme late y upon its passage PASSED AND APPROVED this ATTEST ordinance shall become effective and approval the L� day of /gyp/ 1987 AY ST PHE S, MAYO I A T T RY AP ROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY / ' 1227L THE STATE OF TEXAS S COUNTY OF DENTON S FUNDING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) 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 (herein- after referred to as SPAN) In order to provide transportation services to a limited number of handicapped persons, the parties hereto agree as follows SCOPE OF SERVICES SPAN shall in a satisfactory and proper manner perform the following tasks A SPAN shall provide transportation services within the city limits to those handicapped persons under sixty (60) years of age selected by the City's Denton Human Resources Committee Applica- tions to receive such transportation services shall be submitted by the applicants to the City on forms approved by the City The applicants selected to receive the transportation services shall be determined by the City's Denton Human Resources Committee on Transportation in consultation with the Director of SPAN Appli- cants in need of transportation for employment purposes shall be given priority consideration over applicants needing transporta- tion for medical appointments, banking, shopping or social purposes B SPAN may contract with other persons or companies to pro- vide the services specified herein during times when SPAN does not operate Transportation services provided by such subcon- tracts shall be in accordance with the terms and conditions of this agreement C SPAN shall furnish the transportation services in accordance with working hours and holidays established by the SPAN Board of Directors D Applicants for SPAN transportation services shall provide a statement by a physician concerning the applicant's handicap Such statement shall be a factor in considering the applicant's need for transportation service E SPAN shall undertake to develop a plan whereby passengers of the transportation services will pay One Dollar ($1 00) for every one-way trip provided to that person II OBLIGATIONS OF SPAN I ——leration of the receipt of funds from the City, SPAN n c agrees to the following terms and conditions A It will establish a separate bank account for deposit of the Thirty-four Thousand Seven Hundred and Seven ($34,707 00) Dollars paid to SPAN by the 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 SPAN 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 for the City of Denton 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 the City's Executive Director of Finance or his authorized representative, along with any amendments, additions, or revisions whenever adopted E It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement F At the discretion 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 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 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 SPAN, its employees, and/or contractors III TIME OF PERFORMANCE The services funded by the City shall be undertaken by SPAN within the following time frame October 1, 1987 through September 30, 1988 IV METHOD OF PAYMENT The City agrees to make payments to SPAN as follows PAGE 2 A The City shall pay to SPAN Five Dollars ($5 00) for every one-way trip furnished to a passenger and Five Dollars and Fifty Cents ($5 50) for every one-way trip furnished by any subcon- tractor in accordance with the terms of this agreement The City shall, at the beginning date of this agreement and thereafter, at intervals of three months (quarterly), pay to SPAN for the services provided herein based upon the above rates SPAN shall submit monthly statements to the City showing the services provided pursuant to this Agreement The City shall not in any case, pay more than than Thirty-four Thousand Seven Hundred Seven and No/100 Dollars ($34,707 00) to SPAN for furnishing the ser- vices provided for herein Within thirty days of the termination of this Agreement, SPAN shall return any funds previously paid to SPAN which were not used to provide transportation services in accordance with the terms of this Agreement V EVALUATION SPAN agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored SPAN agrees to make available its financial records for review by the City at the City's discretion SPAN shall provide quarterly financial statements to be submitted in January, April, July and September which shall include expenses and income In addition, SPAN agrees to provide the City the following data and/or reports At the end of six (6) months of this Agreement, SPAN shall make a report to the Human Resources Committee concerning the services so far provided pursuant to this Agreement and the projected services to be provided during the remainder of the Agreement Based upon such report, the Human Resources Committee may determine if additional funding is needed to provide continued transportation services through the remainder of the Agreement term If the Committee determines that additional funding is needed, it shall make its recommendations to the City Council VI INSURANCE A Commencing with and during the term of this agreement, SPAN, shall at its own expense, procure and maintain in full force and effect insurance written by an insurance company authorized to do business in this State Such insurance shall insure the City against all liability for loss, injury, damage or claims caused by or arising out of, or in connection with the services provided for herein, including injuries to or deaths of passengers or third persons and damage to or destruction of property PAGE 3 B Without in any way limiting the generality of the above, SPAabilit for shall keep bodily injury aand nd m propertyaintain damagein comprehensive lminimum insurance amount of $s00,000 per occurrence 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 incor- rect or incomplete in any material respect, or D 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 HANDI-HOP COMPLAINT PROCEDURES In order to insure timely and appropriate resolution to any complaint that cannot be resolved through interaction between SPAN and HANDIHOP clients, clients or their guardians may file a complaint with the City's Community Development Office The steps outlined below should be followed in such cases A. The client shall give a written statement of complaint to the Community Development If writing the cooffice assistance aneeded n complaint, the office staff willbeavailable to help B The Community Development staff will contact SPAN for its written assessment of the complaint C Both statements will then be forwarded to the Human Resources Committee and if the members wish, the complaint will be placed on the agenda for the next Committee meeting PAGE 4 D All parties concerned will be notified of the meeting date and will be given an opportunity to speak to the members of the Committee E The Committee's decision will be final unless an appeal is made to the City Council, in which event the decision of the City Council shall be binding upon both parties EXECUTED this the 0— day of , 1987 CITY OF DENTON, TEXAS SERVICES PROGRAM FOR AGING NEE S (HANDIHOP) In�-o 60-k TEPHEN , MAYOR DIRECTOR ATTEST ATTEST Nack,) JEJIF R AL E S, CITY SECRETARY SECRETA� APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY PAGE 5