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HomeMy WebLinkAboutResolution - 2002-R0023 - Contract For Pass-Through Funds - South Plains Association Of Governments - 01_23_2002Resolution No. 2002-R0023 January 23, 2002 Item No. 27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and South Plains Association of Governments (SPAG), a Contract for pass - through funds from the Texas Department of Aging, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of January , 2002. WINDY SITTO , MAYOR ATTEST: Q-0-L Rebecca Garza City Secretary APPROVED AS TO CONTENT: Parks and Recreation Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Dh/Ccdocs/SPAG.TXDEPT of Aging.res December 10, 2001 w.r Resolution No. 2002-R0023 January 23, 2002 77, Item No. 27 CONTRACT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § CERTIFICATION AND EXECUTION The parties signatory hereto on behalf of SPAG and on behalf of the CONTRACTOR do hereby individually certify that each is authorized to execute this agreement on behalf of his/her respective organization. Executed in triplicate this 23rd day of January . 2002. CONTRACTOR BY: J V/ AUTHORIZIVD CON Taxpayer l�T�#G1�ISM6 86 5906 ATTEST: I- RebeccayGarza, City Secr ry Sufficient funds are available or have been obligated to South Plains Association of Governments to pay the amounts specified by this contract. SPAG Director of Finance Date Approve nd accep on beh f of South Plains Association of Governments zi,4 Jerry D Casstevens, Executive Director 1 This contract is entered into on the 1st of October 2001, by and between SOUTH PLAINS ASSOCIATION OF GOVERNMENTS (hereinafter referred to as "SPAG") and CITY OF LUBBOCK, Taxpayer Identification Number 17560005906 (hereinafter referred to as "CONTRACTOR"). WHEREAS, SPAG, as the designated area agency on aging for planning and service area number 2, desires to provide certain services for senior citizens, including, but not limited to transportation services, senior center activities, advocacy, and nutrition services, (hereafter "services"), such "services" to be set out with particularity below and on the attachments affixed hereto; WHEREAS, CONTRACTOR desires to provide certain of such "services" pursuant to the terms and conditions set out below; WHEREAS, SPAG desires CONTRACTOR to provide such "services" pursuant to the terms and conditions set out below; WHEREAS, CONTRACTOR submitted a proposal to SPAG . whereby CONTRACTOR proposes to provide such "services" as set out in said proposal; WHEREAS, prior to submitting such proposal referenced above, CONTRACTOR has reviewed a proposal packet provided by SPAG, included in such packet is a "Manual of Procedures" identifying terms, definitions, and applicable guidelines pertaining to this agreement and referenced in this agreement; WHEREAS, CONTRACTOR understands and acknowledges that such proposal packet and all procedures set forth therein are incorporated into this agreement by reference for all purposes; WHEREAS, CONTRACTOR understands and acknowledges that CONTRACTOR'S proposal is incorporated into this agreement for all purposes; WHEREAS, CONTRACTOR understands and acknowledges that SPAG's ability to fund this contract is based solely upon a commitment from the Texas Department on Aging to provide funds to SPAG for such "services"; NOW THEREFORE in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 2 The sum total of Federal and State monies obligated by SPAG to the CONTRACTOR under this contract shall not exceed one hundred thirteen thousd Dollars ($113,000.00) for performance of the "services" set out below and more specifically delineated on the appropriate attachment referenced below. The amount designated for performance of each "service," if more than one service is provided, is also set out below on the appropriate attachment referenced below. 1W1_'1" "411T, "101 "3,11-0171s. N. Not, $105,000.00 3.94 R $ 8,000.00 5.15 ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E SERVICES CONGREGATE MEALS HOME DELIVERED MEALS RECREATION TRANSPORTATION BENEFITS COUNSELING The CONTRACTOR agrees to provide, as. a supplement to the. project, local cash or in - kind of least $ 12,556.00. For those CONTRACTORS who generate more Program Income than required, the additional local match must be reported to SPAG on prescribed request for payment forms. (See PART II GENERAL CONDITIONS, #6 for definition of program income.) Match shall conform to Older Americans Act, Administration of Grants, Title 45 Part 74, and Texas Department on Aging standards as published in the Texas Administrative Code (TAC). 3. CONTRACT PERIOD This agreement will become binding on the date of the signature by both parties. Not withstanding this date, the term of the agreement will begin on October 1, 2001 and end on September 30, 2002. This term may be extended upon written request by the CONTRACTOR and approval in writing by SPAG and the Texas Department on Aging. This contract, upon being fully executed, shall supersede any Intent to Contract covering the term of this contract. 3 4. N TI E Any and all notices required in or by this contract shall be addressed as follows: a. If notice is to be sent to SPAG: SOUTH PLAINS ASSOCIATION OF GOVERNMENTS P.O. BOX 3730 FREEDOM STATION LUBBOCK, TEXAS 79452 b. If notice is to be sent to CONTRACTOR: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 79457 5. PAYMENT Any and all payments for this contract are to be made payable to: CITY OF LUBBOCK Financial and program records required under this contract will be maintained at the following location: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 79457 7. NON-PROFIT ORGANIZATION, FINANCIAL RESPONSIBILITY It is understood that in the event any financial liability accrues to SPAG as a result of non-payment of goods or services provided under this contract, etc., SPAG will seek repayment from the CONTRACTOR. In the event the CONTRACTOR is unable _to satisfy such liability then SPAG may elect to seek repayment from the members of the CONTRACTOR'S governing body. 4 PART H GENERAL CONDITIONS 1. AUTHORITY The authority on which this contract is based derives from P.L. 100-175, the Older Americans Act of 1965, as amended, and its regulations; HHS regulations on Administration of Grants, Title 45 C.F.R. Part 74; Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans; Title 28 C.F.R. Part 35, pertaining to The Americans with Disabilities Act; Title VI of the Civil Rights Act of 1964; Section 504, Rehabilitation Act of 1973, as amended; Age Discrimination in Employment Act of 1967; the Clean Air Act; the Clean Water Act; the Contract Work Hours and Safety Standards Act; regulations pursuant to the Rehabilitation Act Amendments of 1974; the Historic Preservation Act of 1974; the Flood Control Act; the Housing and Urban Development Act of 1974; and all Texas Department on Aging policies, and rules as published in the Texas Register under Chapter 254, et seq. (Title 40, Part IX, Texas Administrative Code); and, with all state and local laws as pertains to this contract and its attachments. 2. SPAG FUNDING' OBLIGATIONS In consideration of full and satisfactory performance of activities described in this contract, SPAG shall be liable to CONTRACTOR for a pre -determined unit cost per - eligible service incurred by the CONTRACTOR, within the period of this contract, not to exceed total contracted amount. a. It is expressly understood by the CONTRACTOR that the ability and obligation 'of SPAG to fiord this contract is based solely on a commitment to SPAG from the Texas Department on Aging to provide funds. The CONTRACTOR shall have no claim, under terms of this contract, on any funds from SPAG other than these. b. The CONTRACTOR understands that it must have sufficient financial solvency to sustain said contract performance until adequate funds are received by SPAG from the Texas Department on Aging to reimburse said CONTRACTOR. 5 0 This contract and the project operated hereunder by the CONTRACTOR shall be governed by units of service as defined in Part IV - Special Conditions. a. Unit rates are at an "at risk" contract. "At risk" means CONTRACTOR is responsible for delivering service units at the unit rate contracted with SPAG. If the cost per unit rate increases during the terms of this contract CONTRACTOR will be responsible for other resources than Title III to cover the difference. b. Adjustments to unit rate reimbursement will be considered only in instances where the CONTRACTOR suffers operation losses due to events over which they have no control, or reasonably could not have anticipated. C. Unit rates will not be adjusted to offset poor management planning, which includes hiring additional employees, increases in salaries, supplies and other costs. Unit rates will not be adjusted because service unit counts have dropped. SPAG has no obligation to remit funds under the terms of this contract until CONTRACTOR has provided the service and the requested reimbursement pursuant to the appropriate administrative procedure set out below. In the absence of written agreement to the contrary, funds will be remitted by SPAG to the CONTRACTOR on a reimbursement basis for a pre -determined unit amount subject to the appropriate administrative procedures and contingent upon receipt of funds by SPAG from the Texas Department on Aging. CONTRACTOR shall submit reports of eligible units of service to SPAG on a monthly basis. Payment of funds to the CONTRACTOR by SPAG under the terms of this contract shall be subject to 'the following procedures and- conditions: a. On or before the 2nd working day of the month the CONTRACTOR will request, in a form prescribed by SPAG, reimbursement for eligible units of service during the previous month. b. CONTRACTOR requests for reimbursement will be supported by auditable records kept on file by the CONTRACTOR, and these 6 records will be available for inspection on request by SPAG and/or the Texas Department on Aging at all reasonable times. C. SPAG will reimburse the CONTRACTOR within 30 days of receipt of a proper request form, contingent upon receipt by SPAG of funds authorized for this purpose from the Texas Department on Aging. d. The CONTRACTOR will report to SPAG by the 2nd working day of the month if no CONTRACTOR units of service were incurred during the previous month, under the terms of this contract. e. Final requests for payment, whether at completion of the contract period or in the event of early contract termination, must be submitted by the CONTRACTOR to SPAG within five (5) working days of the final contract effective date. SPAG cannot guarantee payment of reimbursement requests received more than five (5) working days after the contract completion date. None of the funds provided to the CONTRACTOR by SPAG under the terms of this contract may be subcontracted or passed through by the CONTRACTOR to another agency for the provision of services described herein without the express written approval of SPAG. CONTRACTOR shall use all program income collected to further eligible program objectives. Program income that exceeds amounts used as required match shall be spent to achieve or expand the goals of this contract. a. Program Income MUST be used to meet the. CASH match requirements. b. Program Income insufficient to meet match requirements shall be supplemented either by other cash or by documented in -kind contributions of goods and/or service. (1) Program Income includes but is not limited to cash income from fees for services, from usage or rental fees, from the sale of goods, from meal contributions, or from donations. (2) Program Income from meal contributions shall be used in such manner as to increase the number of meals served by the project. (3) Program income received as contributions will be accounted for daily by at least two persons. (4) Program Income MUST BE REPORTED TO SPAG and must be budgeted. C. In -Kind contributions means property or services provided to CONTRACTOR by Non -Federal third parties without charge to CONTRACTOR or SPAG which are: (1) identifiable from CONTRACTOR's records, (2) not included as contributions for any other state or federally assisted program, and (3) adequately documented as to nature, source, and value. In addition to the submission of required financial reports, the CONTRACTOR agrees: a. To retain auditable accounts and records required under this contract for a period of five (5) years following expiration of this contract. b. To submit to SPAG other information regarding project operations as may be necessary from time to time. Such information as may be required will be submitted by the CONTRACTOR in a form prescribed by SPAG. 8. PROPERTY The CONTRACTOR shall maintain records of all property purchased under terms of this contract. All non -expendable property having an' acquisition cost of $1,000 or more and having normal life expectancy of one year or more, purchased under terms of this contract, shall revert to SPAG and shall be delivered by the CONTRACTOR to SPAG in the event that services described herein are terminated either during or subsequent to the contract period. 8 a. The CONTRACTOR shall maintain a written inventory of all non - expendable property purchased under the terms of this contract. b. The CONTRACTOR shall exercise reasonable and prudent judgment in assuring the maintenance, security, and authorized use of property purchased under terms of this contract. C. If this contract is terminated, as provided below, SPAG may require the CONTRACTOR to transfer title and deliver to the Texas Department on Aging or another authorized CONTRACTOR any property acquired by Federal or State funds or assigned to the CONTRACTOR by SPAG for the purposes of this contract. 9. AUDIT When applicable, the CONTRACTOR shall provide and furnish SPAG an annual audit by an independent certified public accounting firm within two hundred seventy (270) days of the end of the CONTRACTOR'S fiscal years covered under the terms of this contract. The audit, must cover the entire organization and be conducted, in accordance with generally accepted auditing standards. Audits performed under this Section are subject to review and resolution by the SPAG or its authorized representative. The CONTRACTOR understands and agrees that the CONTRACTOR shall be liable to SPAG for any costs disallowed as a result of unresolved costs revealed during the audit. 10. SUSPENSION OR TERMINATION In the event project monitoring/evaluation activities by SPAG or its agents, or by the Texas Department on Aging or its agents, disclose serious deficiencies in the operation of a project supported under provisions of this contract, SPAG may elect to suspend or terminate this contract upon fifteen (15) days written notice from SPAG to the CONTRACTOR. The CONTRACTOR, upon notification of such suspension or termination, shall have the right to appeal such suspension or termination to the SPAG Advisory Council on Aging or the SPAG Board of Directors no later than fifteen (15) days of receipt of notice of suspension or termination. This contract may be terminated upon the occurrence of any of the following events: a. Discontinuance by the CONTRACTOR of project as described herein; or 9 b. Discontinuance of funding to SPAG from the Texas Department on Aging; or C. Failure of the CONTRACTOR to comply with any or all of the terms and conditions of this agreement and any attachments thereto; or d. Mutual agreement between SPAG and the CONTRACTOR; or e. Discovered or disclosed deficiencies in the operation of a project supported under the provisions of this contract. In the event of termination, final billings for units of services delivered pursuant to the contract will be submitted to SPAG within fifteen (15) calendar days from date of termination by the CONTRACTOR, but it is understood that no units delivered after the termination date will be reimbursed. SPAG may require the CONTRACTOR to transfer Title and deliver to SPAG or to another authorized CONTRACTOR any property acquired by Federal funds or assigned to the CONTRACTOR by SPAG for the purpose of this CONTRACTOR. If the CONTRACTOR has failed to comply with the terms of this contract, which governs the use of monies appropriated under this contract, SPAG may take appropriate action including the recapture of payment and/or withholding of funds. SPAG will assess CONTRACTOR quarterly to determine if obligated units of service are being provided in accordance to contracted agreement. If CONTRACTOR fails to meet or exceed obligated units of service, at the time of assessment, SPAG may re -adjust contract by deobligating Title III funds appropriated for service. This deobligation of funds will in no way effect. the "at risk" unit rate of services. 12. SANCTIONS AND PENALTIES Sanctions and penalties may be imposed to. SPAG for failure to comply with Chapter 254, Title 40, Part IX of the Texas Administrative Code. Financial penalties incurred by SPAG due to CONTRACTOR causing SPAG's failure to comply with 40 TAC Section 254.13 will result in CONTRACTOR reimbursing SPAG for such penalties. CONTRACTOR will reimburse SPAG for such financial penalties from local, non - match money. Appeals procedures relating to sanctions and penalties will be administered in accordance to 40 TAC Section 254.15. 10 13. LIMITATION OF LIABILITY Notwithstanding any of the provisions of this agreement, each party named herein agrees to indemnify the other party from any and all claims, demands, expenses or causes of action that could be or might be assessed against the other party by any third party which may or shall arise from a party's conduct or performance pursuant to the terms of this agreement. It is the intention of each party, both expressed and implied, that each party shall be solely responsible for its own actions. RMIKG_11�_M41919 1 CONTRACTOR shall maintain a written code or standards of conduct which shall govern the performance of their officers, employees, or agents engaged in the award and administration of this contract supported by Federal fiends if such a conflict of interest, real or apparent, would be involved. ' • • 0 �- No funds provided under this Agreement may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with State or local legislators. The CONTRACTOR, if a recipient of Federal assistance exceeding $100,000 through SPAG will comply with section 319, Public Law 101-121 (31 U.S.C. 1352). 1 0 21 t1i DU I • a , ' • CONTRACTOR shall develop a written drug and alcohol -free workplace policy which will help ensure a safe and productive workplace. CONTRACTOR shall ensure that no funds under this contract are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. Any service provider or applicant to provide services whose application is denied or whose contract is terminated or not renewed (except as provided in 45 C.F.R. Part 74, Subpart M) has a right to appeal such action. Provider or Applicant must give notice of appeal to SPAG and the Texas Department on Aging within 30 days after it receives 11 SPAG's action letter. Appeals will go before the SPAG Advisory Council on Aging and the Advisory Council on Aging Review Committee for further review. If reversal of action is denied, provider or applicant may appeal to the SPAG Board of Directors. Appeals Procedures published by the Texas Department on Aging, 40 TAC, 254.17 et.seq. will be used as the appeals process. All oral or written agreements made prior to this contract have been reduced to writing and are contained herein by the execution of this contract including any proposals submitted by CONTRACTOR. CONTRACTOR evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties agree that SPAG shall not be liable for any costs incurred by CONTRACTOR except to the extent provided in this contract. When 45 C.F.R., or its appendices, provide that a cost is allowable only when authorized in writing, prior written approval from SPAG must be obtained. PART III ASSURANCES The CONTRACTOR shall maintain proper documentation to substantiate all of the assurance items set out below. Such documentation will be subject to SPAG review for adequacy and completeness. Failure to maintain the following documentation shall be grounds for termination of this contract pursuant to the provisions of paragraph 10 above. 1. Compliance with Requirements The CONTRACTOR agrees to administer the program in accordance with the Older Americans Act, and all applicable regulations, the policies and procedures established by SPAG, minimum standards as set by the State Unit on. Aging, the Commissioner on Aging and the Secretary of Health and Human Services. 2. Efficient Administration The CONTRACTOR shall utilize such methods of administration as are necessary for the proper and efficient administration of the contract and which assure avoidance of conflict of interest, both financial and by nepotism. 12 Y 3. General Administrative and Fiscal Requirements The CONTRACTOR shall adhere to administrative and cost principles which are in compliance with relevant provisions of 45 C.F.R. Part 74 except where these provisions are superseded by statute. 4. Management of Funds The CONTRACTOR shall maintain sufficient fiscal control and accounting procedures to assure proper disbursement of and accounting for Federal and Non -Federal funds under this contract. 5. Safeguarding Confidential Information The CONTRACTOR shall implement such regulations, standards and procedures as are necessary to safeguard confidential information under relevant program regulations. 6. Reporting. Requirements The CONTRACTOR shall furnish such reports to SPAG as may be specified to maintain its reports and files in compliance with 45 C.F.R. Part 74 and to make its reports and files available to auditing entities as specified by 45 C.F.R. Part 74. 7. Standards for Fire, Health Safety, Sanitation and Other Standards Providers of services under this contract shall operate fully in conformance with all Federal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. The CONTRACTOR assures that where the state or local jurisdictions require licensure for the provision of services, agencies providing such services shall be licensed. 8. Insurance Coverage CONTRACTOR will maintain fire and casualty, worker's compensation, fidelity bond, and general liability insurance or self-insurance. 9. Participant Grievances. CONTRACTOR will establish written procedures through which participants can communicate aspects of the service which impact negatively upon them. 13 x 10. Equal Employment O..oportunity/Non-Discrimination/Civil Rights The CONTRACTOR shall incorporate in itswritten personnel policies and procedures a plan for equal employment opportunity including provisions for disabled veterans and handicapped individuals. The CONTRACTOR shall provide that each program activity, when viewed in its entirety is readily accessible to and usable by handicapped persons as provided for in Section 504 of the Rehabilitation Act of 1974, as amended. When structural changes are required, these changes shall be in keeping with 45 C.F.R. Part 74, and the Americans with Disabilities Act, 28 C.F.R. Part 35. The CONTRACTOR shall ensure that benefits and services available under the contract are provided in a non-discriminatory manner as required by Title VI of the Civil Rights Act of 1964, as amended. �P The CONTRACTOR shall ensure that outreach efforts identify individuals eligible for assistance and inform them of available services under the, Older Americans Act, with special emphasis on rural elderly, older individuals who have greatest economic need (with particular attention to low-income minority individuals), older individuals who have greatest social need (with particular attention to low income minority individuals), older individuals with severe disabilities, and older individuals with limited English speaking ability, and inform such individuals of the availability of such assistance. 12. Client Satisfaction Survey The CONTRACTOR shall ensure that participants have the opportunity to complete client satisfaction surveys on services provided. 13. Managing Property Purchased with Federal Funds The CONTRACTOR shall maintain a property control system ensuring adequate safeguards for property purchased under terms of this contract. 14. Training and Coordination Requirements a. The CONTRACTOR shall participate in training as provided by SPAG. 14 b. The CONTRACTOR shall coordinate its service/s with other service providers in the region. C. The CONTRACTOR shall plan, identify, and assess the needs and services for older individuals with disabilities, and where appropriate, develop collaborative programs. 15. Contributions for Services The CONTRACTOR shall provide voluntary opportunity for eligible participants to contribute to the cost of services while protecting the individual's privacy. The CONTRACTOR shall safeguard and account for such contributions, and use such contributions to expand services. The CONTRACTOR may post a suggested contribution schedule based on income ranges of eligible participants in the community. Services shall not be denied because the eligible participant will not or cannot contribute. 16. Maintenance of Non -Federal. Support for Services The CONTRACTOR shall not replace funds for Non -Federal sources with Federal funds. The CONTRACTOR agrees to continue or to initiate efforts to obtain support from other sources for services funded. under this part. 17. ODD=. o� of Older. Persons to Advise CONTRACTORS CONTRACTORS who operate focal points in the community must assure collocation of services, where feasible. 18. Disaster Relief Activities In the event of a disaster, whether man-made, natural, or of a civil defense nature, the CONTRACTOR will provide appropriate resources to Federal disaster relief agencies and may provide equipment and resources for the following activities: temporary shelter; nutrition services; food preparation; transportation; and volunteers, in accordance with 40 (TAC) Chapter 287. 19. Taxes CONTRACTOR will comply with all state, Federal or local tax requirements with respect to property and personnel. 15 X 20. The CONTRACTOR shall provide assurances that it will not knowingly, using reasonably prudent judgment, deal with any person, business, or other entity which has been suspended or debarred from receiving federal funds under 45.CFR 76.200 (non - procurement) or 48 CFR 9.4. 21. Agreements If any term, provision, covenant, or condition of this agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Neither this agreement nor any money due or to become due hereunder may be assigned by CONTRACTOR. If any action at law or inequity, including an action for declaratory relief, is brought to enforce or interpret the provision of this agreement, the prevailing party shall be entitled to a reasonable attorney's fee, which may be set by the Court in the same action or in a separate action brought for the purpose, in addition to any other relief to which the prevailing parry may be entitled. Nothing contained in the agreement shall be construed so as to create an employer/employee relationship between SPAG and CONTRACTOR. It is expressly agreed that CONTRACTOR is an independent CONTRACTOR and CONTRACTOR shall not represent or hold himself out to be an employee or agent of SPAG. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lubbock County, Texas. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within subject matter. 16 Resolution No. 2002-R0023 PART IV ATTACHMENT A Special Conditions for Nutrition Congregate Meals Services CITY OF LUBBOCK This contract obligates SPAG to a maximum of 105,000.00 Federal and State dollars. CONTRACTOR must match these dollars with a minimum of $11,666.00 Cash or In -Kind. In no event shall SPAG be obligated for more than 90 percent of TOTAL PROJECT COST, as pertains to PART VII, Budget. The purpose of this contract is to provide funds to pay for eligible units of congregate meal service for persons sixty (60) years of age and older in the City of Lubbock. A congregate meal unit is defined as a Title IIIC meal, meeting at .least 1/3 the Recommended Dietary Allowance (RDA) as established by the Food and Nutrition Board of the National Academy of Sciences, that is served in a Title IIIC nutrition site to a person 60 years of age or older or the spouse of an eligible person. The goal of this contract is to provide nutrition congregate services for at least 1,900 unduplicated individuals, with minority and below poverty level older persons to be served in proportion to their number in the population of the City of Lubbock. Nutrition congregate services will be based on the needs of participants. CONTRACTOR agrees to provide a minimum total of 68,500 units of nutrition congregate service at a total unit rate of $ T.94 during the term of this contract. Title IIIC reimbursement will pay for 26,637 eligible units served for a maximum of $105,000.00 Federal and State dollars. CONTRACTOR agrees to deliver congregate meals in accordance with the following conditions: 1. Hot meals shall be provided in a congregate setting at least 5 days per week, according to a published schedule and menu. PART IV ATTACHMENT A Page 2 City of Lubbock 2. The congregate site shall be located, where feasible and appropriate, within walking distance to the majority of eligible older persons. 3. The CONTRACTOR shall comply with all state and local health laws and ordinances concerning preparation, handling, and serving of food. 4. Special menus, where feasible and appropriate, shall be prepared to meet dietary needs arising from health requirements, religious requirements, or ethnic backgrounds of eligible participants. 5. Food containers and utensils for blind and handicapped participants shall be provided. 6. The CONTRACTOR shall serve food in accordance with the Recommended Dietary Allowance (RDA) as established by the Food and Nutrition Board of the National Academy of Sciences National Research Council and shall follow the menu plan developed by the nutrition consultant. 7. The CONTRACTOR shall serve food in accordance with recipes provided. 8. Each participant shall be provided the opportunity to have milk with the meal. 9. Appropriate and cost effective arrangements shall be made for the transportation of commodities, where applicable, and for the storage and use of USDA commodities. 10. Cash provided in lieu of commodities shall be spent only for buying USDA commodities and food grown and produced in the United States. 11. Participants shall be assisted in taking advantage of benefits available to them through the Food Stamp Program. 12. The CONTRACTOR shall coordinate with the Food Stamp Program administered by the Texas Department of Human Services. 13. Nutrition education shall be provided at each congregate nutrition site through at least one monthly program of not less than 15 minutes, in accordance with Nutrition Service Requirements (40 TAC, Rule 270.5(b). The CONTRACTOR must notify PART IV ATTACHMENT A Page 3 City of Lubbock SPAG, in writing, at least 30 days in advance of the date nutrition education is to be scheduled each month. CONTRACTOR will maintain proper documentation showing actual number of units served each month. CONTRACTOR assures that all regulations according to the Texas Administrative Code, *40 TAC, Section 270.5 Nutrition Service Requirements are appropriately followed. CONTRACTOR understands that this attachment shall be subject to all of the terms andconditions of the contract between SPAG and the City of Lubbock to which this attachment is affixed and made a part thereof for all purposes. Auth 'zed 6onfractor Signature Resolution No. 2002-R0023 PART IV ATTACHMENT D Special Conditions for Transportation CITY OF LUBBOCK This contract obligates SPAG to a maximum of $8,000.00 Federal dollars. The CONTRACTOR must match these dollars with a minimum of $889.00 Cash or In -Kind. In no event shall SPAG be obligated for more than 90 percent of TOTAL PROJECT COST, as pertains to PART VII, Budget. The purpose of this contract is to provide funds to pay for eligible units of transportation services for persons sixty (60) years of age and older in the City of Lubbock. A unit of service is defined as transporting a person 60 years of age or older from one location to another. The goal of this contract is to provide transportation services for at least 100 unduplicated individuals, with minority and below poverty level older persons to be served in proportion to their number in the population of the City of Lubbock. Transportation services will be based on the needs of participants. CONTRACTOR agrees to provide a minimum total of 5,000 units of transportation service at a total unit rate of $5.15 during the term of this contract. Title IIIB reimbursement will pay for 1,552 eligible units served, for a maximum of $8,000.00. Federal dollars. CONTRACTOR will maintain proper documentation showing actual number of units served each month. CONTRACTOR assures that all 'regulations according to the Texas Administrative Code, *40 TAC, Section 270.3 Transportation Service Requirements for the Elderly are appropriately followed. 4 i, PART IV ATTACHMENT D Page 2 City of Lubbock CONTRACTOR understands that this attachment shall be subject to all of the terms and conditions of the contract between SPAG and the City of Lubbock to which this attachment is affixed and made a part thereof for all purposes. CONTRACTOR assures that eligible persons in the service area have transportation to nutrition services, center services, to shopping, paying bills, visiting the beauty and barber shop, medical appointments, and agency appointments. such as Social Security, etc., through either a scheduled route pickup, demand/response or through a combination of both, with a priority given to those requests which deal with necessities of life. Authori Contr tar Signature Resolution No. 2002-R0023 a PART V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Federal Executive Order 125.49 requires the Texas Department on Aging (TDoA) to screen each covered potential contractor/grantee to determine whether each has a right to obtain a contract/grant in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor/grantee must also screen each of its covered subcontractors/providers. In this certification "contractor/grantee" refers to both contractor/grantee and subcontractor/sub-grantee: "contract/grant" refers to both contract/grant and subcontract/sub- grant- By signing and submitting this certification the potential contractor/grantee accepts the following terms: 1. The certification herein below is a material representation of fact upon which reliance was placed when this contract/grant was entered into. It is later determined that the potential contractor/grantee knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services. United States Department of Agriculture or other federal department or agency, or the Texas Department on Aging may pursue available remedies, including suspension and/or debarment. 2. The potential contractor/grantee shall provide immediate written notice to the person to which this certification is submitted if at any time the potential contractor/grantee learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The words "covered contract," " debarred," "suspended," "ineligible," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is as defined in the attachment. 4. The potential contractor/grantee agrees by submitting this certification that, should the proposed covered contract/grant be entered into, it shall knowingly into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of PART V CERTIFICATION REGARDING DEBARMENT Page 2 Agriculture or other federal department or agency, and/or the Texas Department on Aging, as applicable. Do you. have or do you anticipate having subcontractors/sub-grantees under this proposed, contract? yes no 5. The potential contractor/grantee further agrees by submittingthis certification that it will include this certification titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts and Grants" without modification, in all covered subcontracts and in solicitations for all covered subcontracts. 6. A contractor/grantee may rely upon a certification of a potential subcontractor/sub- grantee that is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract/grant, unless the contractor/grantee knows that the certification is erroneous. A contractor/grantee must, at a minimum obtain certifications from its covered subcontractors/sub-grantees upon each subcontract's/sub-grant's initiation and upon each renewal. 7. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith"the certification by this certification document. The knowledge and information of a contractor/grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, 8. Except for contracts/grants authorized under paragraph 4 of these terms, if a contractor/grantee in a covered contract/grant knowingly enters into a covered subcontract/subgrant with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in the transaction, in addition to other remedies available to the federal government, Department of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Department of Aging may pursue available remedies, including suspension and/or debarment. PART V CERTIFICATION REGARDING DEBARMENT Page 3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Indicate which statement applies to the covered potential contractor/grantee: The potential contractor/grantee .certifies by submission of this certification that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/grant by any federal department.or agency or by the State of Texas. The potential contractor/grantee is unable to certify one or more of the terms in this certification. In this instance, the potential contractor/grantee must attach an explanation for each of the above terms to which it is unable to make certification. Attach the explanation(s) to this certification. NAME OF POTENTIAL CONTRACTOR/GRANTEE _ C- �+' 6� Lq�o 62Gk VENDOR ID NO./FEDERAL EMPLOYER'S ID NO. �15 0 6 0 5q O Signature of Authorized Representative Printed/Typed Name of Authorized Representative Title of Authorizdd Representative Date THIS CERTIFICATION IS FOR FY 2002, PERIOD BEGINNING 10/1/2001 and ENDING 9/30/2002. PART V CERTIFICATION REGARDING DEBARMENT Page 4 DEFINITIONS Covered Contract/Grant and Subcontracts/Sub-grants. (1) Any non -procurement transaction which involves federal funds (regardless of amount and including such arrangements as sub -grants) and is between the Texas Department of Aging or its agents/grantees and another entity. (2) Any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed the federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000) under a grant or sub -grant. (3) Any procurement contract for goods or services between a participant and a person under a covered grant, sub -grant, contract or subcontract, regardless of amount, under which that person will have a critical influence on. or substantive control over that covered transaction including: a. Principal investigators. . b. Providers of audit services required by the Texas Department of Aging or federal funding source. C. Researchers, DEBARMENT An action taken by a debarring official in accordance with 45 CFR Part 76 (or comparable federal regulations) to exclude a person from participating in covered contracts/grants. A person so excluded is "debarred." GRANT An award of financial assistance, including •cooperative agreements, in the form of money, or property in lieu of money, by the federal government to an eligible grantee. MLIGIBLE Excluded from participation in federalnon-procurement programs pursuant to a determination of ineligibility under statutory, executive order, or regulatory authority, other an Executive Order 12549 and its agency implementing regulations:. for example, excluded pursuant to the Davis -Bacon Act and its implementing regulations, the equal employment opportunity acts and executive orders, or the environmental protection acts and, executive orders. A person is ineligible where the determination of ineligibility affects such person's eligibility to participate in more than one covered transaction. PART V CERTIFICATION REGARDING DEBARMENT Page 5 PARTICIPANT Any person who submits a proposal for, enters into, or reasonably may be expected to enter into a covered contract. This term also includes any person who acts on behalf of or is authorized to commit a participant in -a covered contract/grant as an agent or representative of another participant. PERSON Any individual, corporation, partnership, association, unit of government, or legal entity, however organized, except: foreign governments or foreign governmental entities, public international organizations, foreign government owned (in whole or part) or controlled entities, and entities consisting wholly or partially of foreign governments or foreign governmental entities. PRINCIPAL Officer, director, owner, partner, key employee, or other person within a participant with primary management or supervisory responsibilities: or a person who has a critical influence on or substantive control over a covered contract/grant whether or not the person is employed. by the participant. Persons who- have a critical influence on. or substantive control over a covered transaction are: (1) Principal investigators. (2) Providers of audit services required by the Texas Department on Aging or federal funding source. (3) Researchers. PROPOSAL A solicited or unsolicited bid, application, request, invitation to consider or similar communication by or on behalf of a person seeking to receive a covered contract/grant. SUSPENSION An action taken by a suspending official in accordance with 45 CFR part 76 (or comparable federal regulations) that immediately excludes a person from participating in covered contracts/grants for a temporary period, pending completion of an investigation and such legal, debarment, or Program Fraud Civil Remedies Act proceedings as may ensue. A person so excluded is "suspended." VOLUNTARY EXCLUSION OR VOLUNTARILY EXCLUDED A status of nonparticipation or limited participation in covered transactions assumed by a person pursuant to the terms of a settlement. Resolution No. 2002—R0023 City of Lubbock CONGREGATE BUDGET CALCULATION OF THE PER MEAL UNIT RATE 1. Total Budgeted Expenses for Contract Year (Amount in Item 8, Column D) 2. Total Number of Anticipated Meals to be Provided (Item 10, Column D) Title 111 26,637 Title XX USDA Other Eligible 41,863 Non Eligible 3. Cost per Meal (Line 1 divided by Line 2). Reimbursement Calculation Title III & Title XX 4. Projected USDA per Meal Value $ 0.50 5. Rate Less USDA per Meal Value (Line 3 minus Line 4) $ 3.82 6. Less Minimum Mandatory Local Match of 10% **(Line 5 multiplied by .10) $ 0.38 7. TDoA/TDHS Negotiated Unit Rate (Line 3 minus Line 6) $ 3.94 1. $ 296,211.00 2. 68,500 3. $ 4.32 'if any portion of the required match is in -kind, you must complete an In -Kind Certification form. In -kind match will not be included in the meal rate calculation. You will only deduct the portion of match that is an actual cash match. City of Lubbock Legal Name of Contracted Provider Printed/Typed Name of Signer WINDY SITTON, MAYOR Signa ure January 23, 2002 ATTEST: Date Reb cca Garza, City Secreta South Plains Area Agency on Aging Name of Area Agency on Aging Jerry D. Casstevens Printed/Typed Name of Signer d�� _ 4:11" Signature Date 19 r �apprc8r�o:iVo-�ces�: (��s�l� CiS � eOr��tif, bllilfiam D. de Haas �� Resolution No. 2002-R0023 City of Lubbock TRANSPORTATION CALCULATION SHEET BUDGET WORKSHEET CALCULATION OF THE PER UNIT RATE 1. Total Budgeted Expenses for Contract Year (Amount in Item 8, Column D) 1. $ 28,632 2. Total Number of Anticipated Units to be Provided (Item 10, Column d) 2. 5,000 3. Less Mandatory Local Match of 10%** (Line 1 multiplied by .10) 3. $ 2,863 4. TDoA Negotiated Unit Rate 4. $ 5.15 5. TDoA Base Resources 5. $ 8,000 6. TDoA Base. Units 6. 1,552 City of Lubbock Name of Contracted. Provider Printed/Typed Name of Signer WINDY SITTON, MAYOR Signature January 23, 2002 Date ATTEST: Reecca Garza, -City Secretar da�.00eonn: 7pprov�i� William D. de Haas Co .race.M.--mp er pppued as +OOC -j ���/� South Plains Association of Governments Name of Agency Jerry D. Casstevens, Executive Director Printed/Type Name Of Agency presentativ Signature Date 13