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