1990-1772986L
ORDINANCE NO. _ n
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 Agree-
ment 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 & day of 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
&Mtl BOB CASTLEB
BY: ,
APPR ED AS 0 LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: LcAd~l L~ a j I
2986L
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 (SPAN)
(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. Applicants in need of transportation for employment pur-
poses shall be given priority consideration over applicants need-
ing transportation for medical appointments, banking, shopping or
social purposes.
C. Agency may contract with other persons or companies to
provide the services specified herein during times when Agency
does not operate. Transportation services provided by such sub-
contracts shall be in accordance with the terms and conditions of
this agreement.
D. Agency shall furnish the transportation services in
accordance with working hours and holidays established by the
SPAN Board of Directors.
E. Agency shall charge each passenger of the transportation
services One Dollar ($1.00) for every one-way trip provided to
that passenger.
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 Forty-Six Thousand and No/100 ($46,000.00) Dollars paid to the
Agency 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.
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 excep-
tions, 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, 1990 through September 30, 1991.
IV. METHOD OF PAYMENT
A. Payment by the City for services provided hereunder will
be made as follows; provided, that Agency shall request said pay-
ment by letter addressed to: City of Denton, 110 West Oak, Suite
B, Denton, Texas 76201, Attn: Community Development Coordinator:
3,833.33 on or after November 1, 1990
3,833.33 on or after December 1, 1990
3,833.33 on or after January 1, 1991
3,833.33 on or after February 1, 1991
3,833.33 on or after March 1, 1991
3,833.33 on or after April 1, 1991
3,833.33 on or after May 1, 1991
3,833.33 on or after June 1, 1991
3,833.33 on or after July 1, 1991
3,833.33 on or after August 1, 1991
3,833.33 on or after September 1, 1991
3,833.37 on or after September 30, 1991
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 Forty-Six Thousand
and No/100 Dollars ($46,000.00) 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
maintenance 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/or reports:
A. All external or internal audits. Agency shall submit a
cop 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.
VI. DIRECTORS' MEETINGS
During the term of this Contract, 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 and/or reports that are incor-
rect 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
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.
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
opportunity 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,
terminated, or suspended in whole or in part, and the Agency may
be barred 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 govern-
ing 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
himself, or others, particularly those with which he has family,
business, or other ties.
C. No officer, member, or employee of the City and no member
of its governing body who exercises any function or responsi-
bilities in the review or approval of the undertaking or carrying
out of this Contract shall (1) participate in any decision relat-
ing 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 cur-
rently employed by Agency, or is a member of Agency's governing
PAGE 5
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.
IN WITNESS WHEREOF, the parties do hereby affix h~e}* ~signa-
tures and, enter into this Agreement as of the J1`' day of
1990.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
ATTEST:
BY:
/
SECRETARY
SERVICES PROGRAM FOR AGING NEEDS
DIRECTOR
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