1991-154w ALL0002E
240 16f
ORDINANCE NO 15
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
SERVICES PROGRAM FOR AGING NEEDS (SPAN), AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT, 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 funds to
Services Program for Aging Needs (SPAN), in consideration of the
valuable public services to be furnished by Services Program for
Aging Needs (SPAN) 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
Aging Needs, 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
SECTION III That this ordinance shall become effective im-
mediately upon its passage and approva
PASSED AND APPROVED this the./6" day of 1991
BOB CASTLEBERRY,
APPROVED AW TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
ATTEST
JENNIFER WALTERS, CITY SECRETARY
w ALL0002E
240 15f
AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND TRANSPORTATION 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 (SPAN),
a Texas non-profit Corporation, (hereinafter referred to as
Agency),
WHEREAS, the City Manager has determined that the Agency
merits assistance and can provide needed services to citizens of
the City and City Council has provided for funds in its 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 Provide transportation within the city limits for persons
sixty years old or older
B Agency shall provide transportation services within the city
limits to handicapped persons up to sixty (60) years of age
C Agency may contract with other persons or companies to pro-
vide the services specified herein during times when Agency does
not operate Transportation services provided by such sub-
contractees shall be in accordance with the terms and conditions of
this agreement
D Agency shall furnish the transportation services in accor-
dance with working hours and holidays established by the SPAN Board
of Directors
E Agency shall charge each passenger of the transportation
services One Dollar and Fifty Cents ($1 50) for every one-way trip
provided to that passenger Should Agency desire to amend this
fare, it shall send notice to City informing it of the proposed
amendment The City shall consider whether it shall approve the
amendment If the City does not take action to approve or dis-
approve the proposed fare within 60 days, it shall be deemed to
have approved the proposed fare
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
Fifty-Six Thousand and No/100 ($56,000 00) Dollars paid to the
Agency by the City and the only expenditures from this account, un-
til such time as said funds are exhausted, shall be for those ex-
penses listed in the scope of services as provided for herein
Agency 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 and will permit
authorized officials for the City of Denton to review its books at
any time
C It will comply with all federal statutes and regulations
promulgated thereunder applicable to the Agency
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 offi-
cials 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 liability, including costs, expenses and
attorneys fees, for or on account of, any claims, audit exceptions,
suits, or damages of any character whatsoever resulting in whole or
in part from the performance or omission of any act of any
employee, agent or representative of the Agency
J It will submit to the City of Denton copies of year-end
audited financial statements
Page 2
III TIME OF PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame
October 1, 1991 through September 30, 1992
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, 215 East McKinney, Denton,
Texas 76201, Attn City Manager's Office
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 66 on
$4,666 74 on
or
or
or
or
or
or
or
or
or
or
or
or
after
after
after
after
after
after
after
after
after
after
after
after
November 1, 1991
December 1, 1991
January 1, 1992
February 1, 1992
March 1, 1992
April 1, 1992
May 1, 1992
June 1, 1992
July 1, 1992
August 1, 1992
September 1, 1992
September 30, 1992
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 Fifty-Six Thousand Dollars and
N01100 ($56,000 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 this con-
tract to any party other than the Agency for payment of any monies
or provision of any goods or services
V EVALUATION
The Agency agrees to participate in an implementation and main-
tenance 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 reports
A All external or internal audits Agency shall submit a copy
of the annual independent audit to City within ten (10) days
of receipt
Page 3
B All external or internal evaluation reports
C Agency shall submit quarterly financial statements to City
in January, April, July, and September Each statement shall
include expenses and income for the preceding quarter and shall
identify the number of participants in each transportation program
agency operates
VI DIRECTORS' MEETINGS
During the term of this Agreement, 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
submitted 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 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-
ceedings by or against the Agency
E If for any reason the carrying out of this agreement is ren-
dered 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
Page 4
VIII EQUAL OPPORTUNITY
A Agency will 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 op-
portunity 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 bar-
red 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 him-
self, or others, particularly those with which he has family, busi-
ness, or other ties
C No officer, member, or employee of the 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 Contract shall (1) participate in any decision relating to the
Contract which affects his personal interest 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 NEPOTISM
Agency shall not employ in any paid capacity any person who is
a member of the immediate family of any person who is currently em-
ployed by Agency, or is a member of Agency's governing board The
term "member of immediate family" includes wife, husband, son,
Page 5
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 hereby theiC~-
tures and enter into this Agreement as of the ~ day of
1991
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, MA
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR ED S TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
SERVICES PROGRAM FOR AGING NEEDS
_ ~ O YLlzh~
DIRECTOR
ATTEST
BY ~LOti- k
SECRETARY
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