1987-2101227L
NO
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~ing Agreement" attached hereto, between the City of Denton
and Services Program for Aging Needs (SPAN), and authorizes the
Mayor to execute sa~d 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
immediately upon'its passage and approval
ATTEST
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
1227L
THE STATE OF TEXAS ~ FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND SERVICES
COUNTY OF DENTON ~ 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 The
applicants selected to receive the transportation services shall
be determined by the City's Denton Human Resources Committee on
Transportation in consultation with the Director of SPAN Appli-
cants in need of transportation for employment purposes shall be
given priority consideration over applicants needing transporta-
tion for medical appointments, banking, shopping or social
purposes
B SPAN may contract with other persons or companies to pro-
vide the services specified herein during t~mes when SPAN does
not operate Transportation services provided by such subcon-
tracts shall be in accordance with the terms and conditions of
this agreement
C SPAN shall furnish the transportation services in
accordance with working hours and holidays established by the
SPAN Board of Directors
D Applicants for SPAN transportation services shall provide
a statement by a physician concerning the applicant's handicap
Such statement shall be a factor in considering the applicant's
need for transportation service
E SPAN shall undertake to develop a plan whereby passengers
of the transportation services will pay One Dollar ($1 00) for
every one-way trip provided to that person
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-four Thousand Seven Hundred and Seven ($34,707 00)
Dollars pa~d to SPAN by the C~ty and the only expenditures from
this account, until such t~me as sa~d funds are exhausted, shall
be for those expenses l~sted ~n the scope of services as prowded
for here~n SPAN shall not commingle funds received from other
sources in th~s account and shall not utilize these funds for any
other purpose
B It w~ll establish, operate, and maintain an account system
for th~s program that w~ll allow for a tracing of funds and a
review of the f~nanc~al status of the program
C It w~ll permit authorized officials for the C~ty of Denton
to review ~ts books at any t~me
D It w~ll reduce to writing all of ~ts rules, regulations,
and policies and f~le a copy w~th the City's Executive D~rector
of Finance or his authorized representative, along with any
amendments, additions, or revisions whenever adopted
E It will not enter ~nto any contracts that would encumber
the C~ty funds for a per~od that would extend beyond the term of
th~s Agreement
F At the discretion of the C~ty, the Agency may be required
to refund the balance of the special account to the C~ty of
Denton at the end of the Agency's f~scal year
G It w~ll promptly pay all b~lls when submitted unless there
is a discrepancy ~n a b~ll, any errors or d~screpanc~es In bills
shall be promptly reported to the Executive Director of ?lnance
or his authorized representative for further d~rect~on
H It w~ll appoint a representative who w~ll be available to
meet w~th the Executive D~rector of F~nance and other C~ty
officials when requested
I It w~ll ~ndemn~fy and hold harmless the C~ty from any and
all claims and su~ts arising out of the act~v~tles of SPAN, its
employees, and/or contractors
III TIME OF PERPORMANCE
The services funded by the C~ty shall be undertaken by SPAN
within the following time frame
October 1, 1987 through September 30, 1988
IV METHOD OF PAYMENT
The City agrees to make payments to SPAN as follows
PAGE 2
A The City shall pay to SPAN Five Dollars ($5 00) for every
one-way trip furnished to a passenger and Five Dollars and Fifty
Cents ($5 50) for every one-way trip furnished by any subcon-
tractor in accordance with the terms of this agreement The City
shall, at the beginning date of this agreement and thereafter, at
intervals of three months (quarterly), pay to SPAN for the
services provided herein based upon the above rates SPAN shall
submit monthly statements to the City showing the services
provided pursuant to this Agreement The C~ty shall not ~n any
case, pay more than than Thirty-four Thousand Seven Hundred Seven
and No/100 Dollars ($34,707 00) to SPAN for furnishing the ser-
vices 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 ~n
accordance with the terms of th~s Agreement
V EVALUATION
SPAN agrees to participate in an Implementation and
maxntenance system whereby the services can be continuously
monitored SPAN agrees to make available its financial records
for review by the City at the C~ty's d~scretlon SPAN shall
provide quarterly fxnanc~al statements to be submitted ~n
January, April, July and September which shall ~nclude expenses
and income In addition, SPAN agrees to provide the City the
following data and/or reports
At the end of slx (6) months of this Agreement, SPAN shall
make a report to the Human Resources Committee concerning the
services so far provided pursuant to th~s Agreement and the
projected services to be provided during the remainder of the
Agreement Based upon such report, the Human Resources Committee
may determine if additional funding is needed to provxde
contxnued transportation services through the remainder of the
Agreement term If the Committee determxnes that additional
fundxng is needed, it shall make its recommendations to the City
Council
VI INSURANCE
A Commencing with and during the term of this agreement,
SPAN, shall at Its own expense, procure and maintain xn full
force and effect insurance written by an insurance company
authorized to do business xn this State Such ~nsurance shall
xnsure the City against all l~ab~llty for loss, injury, damage or
claims caused by or arising out of, or in connection with the
services provided for herein, including xnjur~es to or deaths o£
passengers or thxrd persons and damage to or destruction of
property
PAGE
B without in any way limiting the generality of the above,
SPAN shall keep and maintain comprehensive liability insurance
for bodily lnIury and property damage in the minimum amount of
$500,000 per occurrence
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-
stltute a waiver of any claim the City may otherwise have arising
out of this Agreement
VIII HANDI-HOP 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 City's Community Development Office The
steps outlined below should be followed in such cases
A. The client shall 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
B The Community Development staff will contact SPAN for its
written assessment of the complaint
C 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
PAGE
D All parties concerned w~ll be not,fled of the meeting date
and will be g~ven an opportunity to speak to the members o£ the
Commxttee
E The Committee's decision w~ll be £~nal unless an appeal is
made to the C~ty Council, in which event the decision o£ the City
Council shall be bzndlng upon both parties
EXECUTED this the /~'" day of ~~:~._,
1987
CITY OF DENTON, TEXAS SERVICES PROGRAM FOR AGING
/~(HANDIHOP)
~P~Y~STEPHENS, MAYOR DIRECTOR
ATTEST ATTEST
JE~IFER ~AL'TERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCIt, CITY ATTORNEY
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