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1988-2031232L NO AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, 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, in consideration of the valuable public services to be furnished by Services Pro ram for Aging Needs to the City of Denton in accordance with the 'Funding Agreement" attached hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the "Fun ng greement" attached hereto, between the City of Denton and Services Program for Aging Needs (SPAN), and authorizes the Mayor to execute said agreement SECTION II That the City Council authorizes the expenditure of funds n t e manner and amount as specified in the Agreement SECTION III That this ordinance shall become effective immeUrate y upon its passage and approv 1 PASSED AND APPROVED this the , day of k2mgj&., 1988 RAY ST ENS, MAY ATTEST WR L ERS, C NARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY7 1232L THE STATE OF TEXAS § FUNDING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES COUNTY OF DENTON § PROGRAM FOR AGING NEEDS 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 (here- inafter referred to as Agency), WHEREAS, the City's Human Resources Committee (HRC) has reviewed 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 or national origin, and therefore HRC recommends funding the Agency, and WHEREAS, the City has determined that the Agency merits assistance and has provided for Thirty-six Thousand and No/100 Dollars ($36,000 00) in its budget, 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 The Agency's purpose is to help older citizens remain independent and as fully active in the community as they choose B Provide transportation for persons sixty years old or older C Provide a hot meals program five days a week at Denton Apartmentss Senior Center, Heritage Oaks andyPhoenix D Offer information and referral services for older persons at the SPAN Central Office 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 or deposit 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 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 III TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame October 1, 1988 through September 30, 1989 IV USE OF FUNDS City funds made available under this Agreement shall be utilized by the Agency to perform the following A Provide transportation for persons sixty years or older B Provide a hot meals program five days a week at Denton Senior Center, Heritage Oaks andYRhoenix Apartments PAGE 2 C Offer information and referral services for older persons at the SPAN Central Office V 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 9,000 on or before January 1, 1989 9,000 on or before April 1, 1989 9,000 on or before July 1, 1989 9,000 on or before September 1, 1989 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 VI 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 B All external or internal evaluation reports C Quarterly performance reports to be submitted in January, April, July and September, to include the following data 1 Number of one-way trips furnished each month 2 Number of meals served at Denton Senior Center, Phoenix Apartments and Heritage Oaks each month 3 Number of information and referral requests handled quarterly D Quarterly financial statements to be submitted in January, April, July, and September to include expenses and income 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 PAGE 3 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 IN WITNESS WHEREOF, the parties do hereby affix thei s g a- tures and enter into this Funding Agreement as of the day of Iw ~,.i.A,2, _ , 1988 CITY OF DENTON, TEXAS SERVICES PROGRAM FOR AGING NEEDS e --UJANUI ATTEST J k RS, CI S CRE . RY ATTEST SECRETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY PAGE 4