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1988-1971227L NO &/9~ 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 funds to Services Program for Aging Needs (SPAN), in consideration of the valuable public services providing transportation for handi- capped persons to be furnished by Services Program for Aging Needs (SPAN) 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 fun sin t -e manner and amount as specified in the Agreement SECTION III That this ordinance shall become effective imme ate- y its passage and approval PASSED AND APPROVED this the /day of 2 1988 AYOR RA'FE PHENS, ATTEST J L A TER , CITY SECRETARY A PROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY . 1227L THE STATE OF TEXAS § COUNTY OF DENTON § 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 I 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 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 appli- cant's handicap shall be submitted Such statement shall be a factor in considering the applicant's need for transportation service The trip must begin and end within the city limits of Denton, 4 SPAN must be able to provide safe transportation for the applicant C 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 D SPAN shall furnish the transportation services in accordance with working hours and holidays established by the SPAN Board of Directors E SPAN shall charge each passenger of the transportation services One Dollar ($1 00) for every one-way trip provided to that passenger II OBLIGATIONS OF SPAN In consideration of the receipt of funds from the City, SPAN agrees to the following terms and conditions A It will establish a separate bank account for deposit of the Thirty-six Thousand Dollars ($36,000 00) 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 J Whenever SPAN deems it necessary to impose limitations or changes to keep Handihop costs within budgetary limits, SPAN PAGE 2 shall submit changes to the Human Resources Committee which shall approve such changes before they become effective, provided that such approval may not be unreasonably withheld III TIME OF PERFORMANCE The services funded by the City shall be undertaken by SPAN within the following time frame October 1, 1988 through September 30, 1989 IV METHOD OF PAYMENT The City agrees to make payments to SPAN as follows A The City shall pay to SPAN Thirty-six Thousand Dollars ($36,000 00) to be paid in four (4) equal installments, the first installment to be paid on or before January 1, 1989, upon receipt of a written request for funding and the report of services rendered which shall be addressed to City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn Community Development Coordinator Thereafter, upon receipt of a written request, City shall pay SPAN on or before April 1, 1989, July 1, 1989 and September 1, 1989 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-six Thousand Dollars ($36,000 00) to SPAN for furnishing the services 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 main- tenance 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 ser- vices 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 deter- mine if additional funding is needed to provide continued trans- portation 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 3 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 B Without in any way limiting the generality of the above, SPAN shall keep and maintain comprehensive liability insurance for bodily injury and property damage in the minimum amount of $500,000 per occurrence v 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 HANDIHOP 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 Cityrs Community Development Office The steps outlined below should be followed in such cases PAGE 4 A The client shall utilize the SPAN complaint and grievance procedures, copies of these policies and procedures are available to clients and a copy shall be submitted to the City B If unsatisfied with the outcome of the complaint, the client may then give a written statement of complaint to the Community Development Office If assistance is needed in writing the complaint, the office staff will be available to help C The Community Development staff will contact SPAN for its written assessment of the complaint D 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 E All parties concerned will be notified of the meeting date and will be given an opportunity to speak to the members of the Committee 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 inding upon both parties EXECUTED this the ]~~~ay of 1C~/~DWAW4 f , 1988 CITY OF DENTON, TEXAS SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP) RAY T PH NS, MAYOR DIRECTOR ATTEST ATTEST A ER , CITY SEUR-MR-Y //SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY 1(~ tn~w 0 PAGE 5 0- eL 12e-~ e-61" S SPAN2701 WEST OAK, SUITE 6, DENTON, TEXAS 76201 - 817/387 4341 Services Program for Aging Needs In Denton County November 11, 1986 Mr John McGr4ne Finance Department City of Denton 215 E McKinney Denton, Texas 76201 Dear Mr. McGr me In regards to the Funding Agreements between the City of Denton and SPAN for transportation services under the HandiHop program and transportation and other human services for the elderly citizens of Denton, I would like to respond to the following portions of these agreements. Section II, paragraph At of both agreements states in essence, that separate bank accounts should be established for the deposit of these funds and that such funds should only be used in the scope of services provided and not for other purposes In the case of HandiHop services, the City of Denton totally supports it beyond the ticket expense for the client For the other services for the elderly, i e transportation, nutrition, senior center activities, and information and referral, advocacy, assessment and counseling by SPAN social worker, the City funds represent approximately 8% of the total budget, compared to 60% of services provided The creation of separate accounts would be superfluous and burdensome SPAN operates out of one checking account through which all revenues and expenses flow. This was recommended by our independant accountant We use a modified cash accounting system We do break down all expenses and allocate them into the different services Aside from an annual independent audit SPAN pays for, we are audited by an accounting firm, that the Area Agency on Aging contracts with on a yearly basis We are monitored quarterly by Lhe Area Agency on Aging and provide quarterly financial statemepts to most of our funding entities An important point I would like to make is, that SPAN does not have a sufficient cash base to operate out of and is therefore unable to provide services on a reimbursement basis Although this is the only way SPAN is able to draw its federal funds, it is extremely important that we may draw on an existing fund to operate out of, which the quarterly City funds in part provide. I f i i