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.
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