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1985-2111227L NO AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN), AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, 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 fur 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, and WHEREAS, Section 2 36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000, and WHEREAS, Section 2 09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Council hereby approves the "Funding Agreement" 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 PASSED AND APPROVED this the 12L day of , 1985 ATTEST CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY &Ytd , Adlw n06&4 ox& 1227L FUNDING AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON 3 KNOW ALL MEN BY THESE PRESENTS 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 on a trial basis, the parties hereto agree as follows 1 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 transportation for medical appointments, banking, shopping or social purposes 2 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 3 SPAN shall furnish the transportation services in accordance with working hours and holidays established by the SPAN Board of Directors 4 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 SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)-PAGE ONE 5 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 6 All SPAN records of the services provided for herein shall be open to the City at all reasonable times for inspection and audit 7 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 45 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 8 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 SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)-PAVE TWO 9 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 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 10 This agreement shall be effective on October 1, 1985 and shall terminate on September 30, 1986 EXECUTED this the tf1'ay of 1985 CITY OF DENTON, TEXAS SEPZCF,,S PROGRAM FOR AGING NEEDS (4 4 i / ATTEST L!RR-Y &'& 5~7' A, CITY SECRETARY / APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY G~dLCI /u!/(CI.l~~~2lG~ SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)-PAGE THREE