1989-1652846L
NO n
AN ORDINANCE APPROVING A 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 fu-Teen tFe- manner and amount as specified in the Agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the ' day of & , 1989
RAY TP HE NJ, MAYUK
ATTEST
, UITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
2846L
THE STATE OF TEXAS §
COUNTY OF DENTON §
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's Human Services Committee (HSC) has re-
viewed the services of the Agency and has determined that the
Agency performs an important human service for the residents of
Denton without regard to race, religion, color, age or national
origin, and therefore HSC recommends funding the Agency, and
WHEREAS, the City has determined that the Agency merits
assistance and can provide needed services to citizens of the
City and 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 Agency shall provide transportation services within the
city limits to those handicapped persons under sixty (60) years
of age selected by the City's Human Services Committee Appli-
cations to receive such transportation services shall be submit-
ted by the applicants to the City on forms approved by the City
Applicants in need of transportation for employment purposes
shall be given priority consideration over applicants needing
transportation for medical appointments, banking, shopping or
social purposes
B The eligibility of applicants for transportation services
shall be as follows
A completed application form which has been approved by
the City, shall be submitted
A statement by a physician concerning the applicant's
handicap shall be submitted Such statement shall be a
factor in considering the applicant's need for trans-
portation service
3 The trip must begin and end within the city limits of
Denton
4 Agency must be able to provide safe transportation for
the applicant
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 Thirty-Six Thousand and No/100 ($36,000 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
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
PAGE 2
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 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 Whenever SPAN deems it necessary to impose limitations or
changes to keep Handihop costs within budgetary limits, SPAN
shall submit changes to the Human Services Committee which shall
approve such changes before they become effective, provided that
such approval may not be unreasonably withheld
K It will submit to the City of Denton copies of year-end
audited financial statements
III TIME OF PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame
October 1, 1989 through September 30, 1990
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
PAGE 3
$6,000 on
3,000 on
3,000 on
3,000 on
3,000 on
3,000 on
3,000 on
3,000 on
3,000 on
3,000 on
3,000 on
or
or
or
or
or
or
or
or
or
or
or
after
after
after
after
after
after
after
after
after
after
after
December 1, 1989
January 1, 1990
February 1, 1990
March 1, 1990
April 1, 1990
May 1, 1990
June 1, 1990
July 1, 1990
August 1, 1990
September 1, 1990
September 30, 1990
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 Thirty-Six Thousand
and No/100 Dollars ($36,000 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
contract 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 A copy of the annual
independent audit shall be furnished to City within ten
(10) days of receipt by the Agency
B All external or internal evaluation reports
C At the end of six (6) months of this Agreement, SPAN shall
make a report to the Human Services Committee concerning the
services so far provided during the remainder of the Agreement
Based upon such report, the Human Services 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
PAGE 4
D Quarterly financial statements to be submitted in January,
April, July, and September for the preceding quarter, which shall
include expenses and income
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
proceedings 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 5
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
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 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
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
PAGE 6
IN WITNESS WHEREOF, the parties do hereby affix their signa-
tures and enter into this Agreement as of the _ day
of1)e;g7ve ~ , 1989
CITY
OF
DENTON,
TEXAS
per,
a o~
Y S
E
HE , K
AYUK
W6RZICES PROGRAM FOR AGING NEEDS
D R C R'~--
A TEST
OmnEWWALTERS, CI SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
ATTE
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