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1986-2331227L NO 56-.i 3 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 THEREFORE, 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 handicapped 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 "Funding Agree- ment" 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 in the manner and amount as specified in the Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval T/ PASSED AND APPROVED this the IL_ day of 1,11986 RAY S gP ENS MAYOR CITY DENTON, TEXAS ATTEST DD~ a 4 W`IC L N E ASS ECR "E T PARRY EC-- CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY /G J./~~l?~ 114 1227L THE STATE OF TEXAS S COUNTY OF DENTON S 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, (here- inafter referred to as City) and Services Program for Aging Needs (hereinafter referred to as SPAN) In order to provide transportation services to a limited number of handicapped persons on a trial basis, 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 Applications 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 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 SPAN may contract with other persons or companies to provide the services specified herein during times when SPAN does not operate Transportation services provided by such subcontracts 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 passeng$ers 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 SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)/PAGE 1 A It will establish a separate bank account for deposit of the Thirty-four Thousand Seven Hundred and Seven ($34,707 00) Dollars 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 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 Director of Finance or his authorized representative for further direction H It will appoint a representative who will be available to meet with the 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 III TIME OF PERFORMANCE The services funded by the City shall be undertaken by SPAN within the following time frame October 1, 1986 through September 30, 1987 IV METHOD OF PAYMhNT The City agrees to make payments to SPAN as follows SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)/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 subcontractor 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 City shall not in any case, pay more than than Thirty-four Thousand Seven Hundred Seven and No/100 Dollars ($34,707 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 maintenance 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 In addition, SPAN agrees to provide the City the following data and/or reports A At the end of six (6) months of this Agreement SPAN shall make a report to the Human Resources Committee concerning the services 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 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 B 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 C 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 SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)/PAGE 3 VI 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 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 D All parties concerned will be notified of the meeting date and will be given an opportunity to speak to the members of the Committee E 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 binding upon both parties EXECUTED this the 1- day of 1986 CITY OF DENTON, TEXAS MAYOR SERVICES PROGRAM FOR AGING NEEDS NDIHOP) DIRECTOR ATTEST ATT / ti~ f CITY SEC A SECRETAR l v APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY V SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)/PAGE 4