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HomeMy WebLinkAboutResolution - 639 - Contract - Governor's Committee On Aging - Retired Senior Volunteer Program - 11/13/1980ALA:pc RESOLUTION #639 - 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 the Governor's Committee on Aging for the Retired Senior Volunteer Program attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13thday of November ,1980. 11 47 4-d2k BILL McALISTER, MAYOR ATTEST: Evelyn Gaf ga, City Secre y -Treasurer APPR AS: ONT T: J' Weston, Director of Community Facilities APPROVED AS TO FORM: Airg-ila L. ams, Assistant City Attorney GOVERNOR'S COMMITTEE ON AGING WILLIAM P. CLEMENTS, JR. GOVERNOR December 2, 1980 RECEIVED 0 E C 3 1980 MAYOR'S OFFICE Bill McAlister, Mayor............. ---- City of Lubbock P. 0. Box 2000 Lubbock, Texas 79408 Dear Mayor McAlister: Enclosed is a signed copy of your `Retired Senior Volunteer Program contract for your files. If you have any questions or need assistance, please contact our office. Sincerely, Mrs. Chr'I ker Coordina of Aging CK/tb , Enclosure DEC J 1980 W -Y WMARY P.O. Box 12786, CAPITOL STATION, AUSTIN, TEXAS 78711 Phone 512/475-2717 Location: 210 Barton Springs Road ESOVi IO-� #639, 11./13/30 Contract Number RSVP - 16 GOVERNOR'S COMMITTEE ON AGING CONTRACT FOR RETIRED SENIOR VOLUNTEER PROGRAM STATE OF TEXAS § COUNTY OF TRAVIS § SECTION 1. PARTIES TO THE CONTRACT This contract and agreement is made and entered into by and between the Governor's Committee on Aging, an agency of the State of Texas, hereinafter referred to as "Committee," and ' C.itv of Lubbock hereinafter referred to as Contractor. 'The parties hereto have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accom- plishment of the tasks described in this contract. SECTION 2. CONTRACT PERIOD This contract and agreement shall begin on October 1, 1980 , and shall end on August 31, 1981 SECTION 3. CONTRACTOR'S PERFORMANCE Contractor shall, in a satisfactory manner as determined by Committee, operate Retired Senior Volunteer Program (RSVP) to provide meaningful oppor- tunities for persons 60 years of age or over to participate in volunteer activi- ties within their communities. Contractor shall perform all activities in accordance with the terms of this contract, with the provisions of Title II of P.L. 93-113, Domestic Volunteer Service Act of 1973, as amended, 42 U.S.C. 5001, and with regulations promulgated pursuant thereto, and in accordance with Action Grant No. SECTION 4. COMMITTEE FUNDING OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activ- ities referred to in Section 3, Committee shall be liable to Contractor for an amount not to exceed the sum of Eight Thousand Three Hundred Forty Four Dollars & no/10 8,344. . 1. Committee shall not be liable to Contractor for costs incurred or performances rendered which are not in accordance with the terms of this contract. 2. Committee shall not be liable for any cost or portion thereof which: a. has been paid or is subject to payment by any source other than Committee or Contractor; or b. has been reimbursed to Contractor or is subject to reim- bursement to Contractor by any source other than Committee or Contractor. 3. Committee shall not be liable to Contractor for any costs which are not allowable costs as defined in Section 6 of this contract. B. Method of Payment Contractor shall submit, a requisition for payment on a quarterly basis as follows: November 1980 February 1981 May 1981 August 1981 C. Excess Payments Contractor shall refund to Committee any sum of money which has been paid by Committee which Committee determines (1) has resulted in overpayment to Contractor or (2) has not been spent in accordance with the terms of this contract within twenty (20) working days after the refund is requested by Committee. SECTION 5. CONTRACTOR'S MATCH A. Contractor shall utilize funds awarded under this contract in conjunc- tion with funds awarded to Contractor from ACTION, an agency of the federal government. It is understood by both parties hereto that Contractor is the recipient of a grant from ACTION in the amount of Twenty Four Thousand Three Hundred and Sixty Four and no/100-------------------------- DOLLARS for operation of a Retired Senior Volunteer Program. B. Nothing in this section should imply or indicate that ACTION or Committee is obligated to provide future funding to Contractor. Page 2 of 6 SECTION 6. ALLOWABLE COSTS A. The allowability of costs incurred for performances under this contract, whether such costs are billed to Committee or are counted toward Contractor's Share shall be determined in accordance with the provisions of The Retired Senior Volunteer Program Operators Handbook for Sponsors, promulgated by ACTION pursuant to P.L. 93-113, and with the terms of this contract. B. Allowable costs paid or reimbursed by, or in-kind contributions provi- ded by, any source other than ACTION or Committee, shall meet ACTION matching guidelines. SECTION 7. LEGAL AUTHORITY A. Contractor assures that it possesses the legal authority to enter into this contract, receive the funds authorized by this contract and to perform the services Contractor has obligated itself to perform under this contract. B. The person signing and executing this contract on behalf of Contractor, hereby warrants that he or she has been fully authorized by Contractor to execute this contract on behalf of Contractor and legally to bind Contractor to all the terms, performances; and provisions herein set forth. C. Committee shall have the right, at its option, either temporarily to suspend or permanently terminate this contract, if there is a dispute as to the legal authority of either Contractor or the person signing the contract to enter into this contract. Contractor is liable to Committee for any money it has received from Committee for performance of the provisions of this contract, if Committee has suspended or terminated this contract for the reasons enumerated in this Section. SECTION 8. REPORTING REQUIREMENTS A. Contractor shall maintain fiscal records and supporting documents for all expenditures of funds under this contract in a manner which con- forms with reasonable requirements of Committee .and with accepted accounting procedures. B. Contractor shall submit quarterly program reports on the operation and performance of this contract along with those reports identified in Section 4 B. SECTION 9. RETENTION OF RECORDS Contractor agrees to retain all books, documents, reports, accounting procedures, and other records, pertaining to the operation of programs and Page 3 of 6 expenditures of funds under this contract for five (5) years from the date of final payment under this contract. Records shall be retained beyond this date if audit findings or litigation or disputes have not been resolved. SECTION 10. ACCESS TO RECORDS Contractor shall give the Committee through its authorized representatives, access to and the right to examine all records, books, documents, papers, or other records relating to this contract. Such rights to access shall not be limited to the required period for records retention specified in Section 11 of this contract, but shall continue as long as the records are retained. SECTION 11. INSPECTION OF PREMISES Committee, through any authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. SECTION 12. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that Committee is contracting with Contractor as an Independent Contractor and that Contractor, as such, agrees to hold Committee harmless and to indemnify it against any and all claims, demands, and causes of.action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with, the services to be performed by Contractor under this contract. SECTION 13. NEPOTISM A. Contractor nor shall not hire any person in an administrative capacity or staff position funded under this contract if a member of such person's immediate family is employed in an administrative capacity for the Contractor or any of its subcontractors. B. The Contractor assures that it shall in no way exercise its authority in the performance of this contract in a manner that would violate the State law relating to nepotism (Article 5996a, Tex. Rev. Civ. Stat. Ann.). SECTION 14. SECTARIAN ACTIVITY None of the performances rendered hereunder shall involve, and no portion of the funds received by Contractor hereunder shall be used for, any sectarian or religious activity. SECTION 15. POLITICAL ACTIVITY No portion of the funds received by Contractor hereunder shall be used for, any political activity, including but not limited to, an activity to further the election or defeat of any candidate for public office, or any activity undertaken to influence the passage, defeat, or final content of any legislative measure. Page 4 of 6 SECTION 16. CONFLICT OF INTEREST The Contractor covenants that neither it nor any employee or member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed as a member of its governing body. SECTION 17. COMPLIANCE WITH LAWS Contractor shall comply with all applicable state, local, and federal laws; ordinances, codes, and regulations in performing activities under this contract. SECTION 18. AMENDMENTS AND CHANGES Any alteration, addition, or deletion to the terms of this contract shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided for in some other manner by the terms of this contract. SECTION 19. TERMINATION Either of the parties hereto shall have the right to terminate and bring to an end all performances to be rendered under this contract by notifying the other party hereto in writing of such termination at least thirty (30) days prior to the effective date of termination. SECTION 20. AUDIT A. Contractor agrees to permit Committee, or an auditing entity acting in behalf of Committee, to conduct an audit or audits of Contractor's financial records and to obtain other records, documents, materials, and information deemed necessary by Committee to ascertain complete compliance with the provisions of this contract and the liabilities accrued by Committee hereunder. B. Contractor agrees to prepare such information pertinent to any audit conducted pursuant to Subsection A of this Section and to take such action facilitating the conducting of any such audit as Committee may reasonably require of Contractor. SECTION 21. AREA AGENCIES ON AGING The contractor shall consult with the Area Agency on Aging regarding any RSVP goals, objectives, plans or activities which impact the local area programs, services or systems included in the approved three year Area Agency Services Plan under the Older Americans Act. Page 5 of 6 WITNESS OUR HANDS EFFECTIVE THIS'13th day of (Novemb-r , 1980. SIGNED: Executive Director CITY OF OC BILL McALISTER, MAYOR AT EST: Ekrelyn'Gaf ga, City Sece y -Treasurer APPROA ENT, im Wes on, Director of Community Facilities APPROVED AS TO FORM: —4"14 66&&z ZA /. e�� Angela L. afdams, Assistant City Attorney Approved and accepted on behalf of the Governor's Committee on Aging. &-4�1 gut4s� CHRIS KYKER, Coor ator of Aging Governor's Commi a on Aging This grant is not effective until signed above by the Coordinator of Aging of the Committee. REVIEWED: CONTRACT OFFICE: FISCAL DIVISION Page 6 of 6 r RESOLU:IO:i #639, I1/I3/30 Contract Number RSVP — 16 GOVERNOR'S COMMITTEE ON AGING CONTRACT FOR r RETIRED SENIOR VOLUNTEER PROGRAM STATE OF TEXAS § COUNTY OF TRAVIS § SECTION 1. PARTIES TO THE CONTRACT This contract and agreement is made and entered into by and between the Governor's Committee on Aging, an agency of the State of Texas, hereinafter referred to as "Committee," and ' City of Lubbock , hereinafter referred to as 'Contractor. The parties hereto have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accom- plishment of the tasks described in this contract. SECTION 2. CONTRACT PERIOD This contract and agreement shall begin on October 1, 1980 , and shall end on August 31, 1981 SECTION 3. CONTRACTOR'S PERFORMANCE Contractor shall, in a satisfactory manner as determined by Committee, operate Retired Senior Volunteer Program (RSVP) to provide meaningful oppor- tunities for persons 60 years of age or over to participate in volunteer activi- ties within their communities. Contractor shall perform all activities in accordance with the terms of this contract, with the provisions of Title II of P.L. 93-113, Domestic Volunteer Service Act of 1973, as amended, 42 U.S.C. 50019 and with regulations promulgated pursuant thereto, and in accordance with Action Grant No. SECTION 4. COMMITTEE FUNDING OBLIGATIONS A. Measure. of Liability In consideration of full and satisfactory performance of the activ- ities referred to in Section 3, Committee shall be liable to Contractor for an amount not to exceed the sum of Eight Thousand Three Hundred Forty Four Dollars & no/10 , . or ts ed 1, Committee shall not be liable to nottincaccordanceswith therterms performances rendered which are of this contract. Committee shall not be liable for any cost or portion thereof 2. which: a. has been paid or is subject to payment by any source other than Committee or Contractor; or b, has been reimbursed to Contractor than Committee reim- bursement to Contractor by y source other or Contractor. iCommittee shall not be liable to Cont ection 6 of this contraccosts tich are not allowable costs as defined i B. Method of Payment on a quarterly Contractor shall submit, a requisition for payment basis as follows: November 1980 February 1981 May 1981 August 1981 C. Excess Payments Contractor shall refund to Comm (1) has resulted in any sum of money which has been paid by Committee which Committeedetermines has not been spent in accordance with overpayment to Contractor or (2) g a working ds after the the terms of this contract within twenty (20) y refund is requested by Committee. SECTION 5. CONTRACTOR'S MATCH 0 Contractor from ACTION, an agency of the A, Contractor shall utilize funds awarded under this contract in conjunc- tion with funds awarded to Con parties hereto that g federal government. It is unde gr on from oACTION in the amount of Contractor is the recipient of a Sixty Twenty Four Thousand Three Hundred and DOLLARS 24,364 Four Do ars an no for operation of a Retired Senior Volunteer Program' tion should imply or indicate that ACTION or in this sec B. Nothing rovide future funding to Contractor. Committee is obligated to p Page 2 of 6 SECTION 6. ALLOWABLE COSTS A. The allowability of costs incurred for performances under this contract, whether such costs are billed to Committee or are counted toward Contractor's Share shall be determined in accordance with the provisions of The Retired Senior Volunteer Program Operators Handbook for Sponsors, promulgated by ACTION pursuant to P.L. 93-113, and with the terms of this contract. B. Allowable costs paid or reimbursed by, or in-kind contributions provi- ded by, any source other than ACTION or Committee, shall meet ACTION matching guidelines. SECTION 7. LEGAL AUTHORITY A. Contractor assures that it possesses the legal authority to enter into this contract, receive the funds authorized by this contract and to perform the services Contractor has obligated itself to perform under this contract. B. The person signing and executing this contract on behalf of Contractor, hereby warrants that he or she has been fully authorized by Contractor to execute this contract on behalf of Contractor and legally to bind Contractor to all the terms, performances, and provisions herein set forth. C. Committee shall have the right, at its option, either temporarily to suspend or permanently terminate this contract, if there is a dispute as to the legal authority of either Contractor or the person signing the contract to enter into this contract. Contractor is liable to Committee for any money it has received from Committee for performance of the provisions of this contract, if Committee has suspended or terminated this contract for the reasons enumerated in this Section. SECTION B. REPORTING REQUIREMENTS A. Contractor shall maintain fiscal records and supporting documents for all expenditures of funds under this contract in a manner which con- forms with reasonable requirements of Committee and with accepted accounting procedures. B. Contractor shall submit quarterly program reports on the operation and performance of this contract along with those reports identified in Section 4 B. SECTION 9. RETENTION OF RECORDS Contractor agrees to retain all books, documents, reports, accounting procedures, and other records, pertaining to the operation of programs and Page 3 of 6 expenditures of funds under this contract for five (5) years from the date of final payment under this contract. Records shall be retained beyond this date if audit findings or litigation or disputes have not. been resolved. SECTION 10. ACCESS TO RECORDS Contractor shall give the Committee through its authorized representatives, access to and the right to examine all records, books, documents, papers,- or other records relating to this contract. Such rights to access shall not be limited to the required period for records retention specified in Section 11 of this contract, but shall continue as long as the records are retained. SECTION 11. INSPECTION OF PREMISES Committee, through any authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. SECTION 12. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that Committee is contracting with Contractor as an Independent Contractor and that Contractor, as such, agrees to hold Committee harmless and to indemnify it against any and all claims, demands, and causes Afaction of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with, the services to be performed by Contractor under this contract. SECTION 13. NEPOTISM A. Contractor nor shall not hire any person in an administrative capacity or staff position funded under this contract if a member of such person's immediate family is employed in an administrative capacity for the Contractor or any of its subcontractors. B. The Contractor assures that it shall in no way exercise its authority in the performance of this contract in a manner that would violate the State law relating to nepotism (Article 5996a, Tex. Rev. Civ. Stat. Ann.). SECTION 14. SECTARIAN ACTIVITY None of the performances rendered hereunder shall involve, and no portion of the funds received by Contractor hereunder shall be used for, any sectarian or religious activity. SECTION 15. POLITICAL ACTIVITY No portion of the funds received by Contractor hereunder shall be used for, any political activity, including but not limited to, an activity to further the election or defeat of any candidate for public office, or any activity undertaken to influence the passage, defeat, or final content of any legislative measure. Page 4 of 6 SECTION 16. - CONFLICT OF INTEREST The Contractor covenants that neither it nor any employee or member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed as a member of its governing body. SECTION 17. COMPLIANCE WITH LAWS Contractor shall comply with all applicable state, local, and federal laws; ordinances, codes, and regulations in performing activities under this contract. SECTION 18. AMENDMENTS AND CHANGES Any alteration, addition, or deletion to the terms of this contract shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided for in some other manner by the terms of this contract. SECTION 19. TERMINATION Either of the parties hereto shall have the right to terminate and bring to an end all performances to be rendered under this contract by notifying the other party hereto in writing of such termination at least thirty (30) days prior to the effective date of termination. SECTION 20. AUDIT A. Contractor agrees to permit Committee, or an auditing entity acting in behalf of Committee, to conduct an audit or audits of Contractor's financial records and to obtain other records, documents, materials, and information deemed necessary by Committee to ascertain complete compliance with the provisions of this contract and the liabilities accrued by Committee hereunder. B. Contractor agrees to prepare such information pertinent to any audit conducted pursuant to Subsection A of this Section and to take such action facilitating the conducting of any such audit as Committee may reasonably require of Contractor. SECTION 21. AREA AGENCIES ON AGING The contractor shall consult with the Area Agency on Aging regarding any RSVP goals, objectives, plans or activities which impact the local area programs, services or systems included in the approved three year Area Agency Services Plan under the Older Americans Act. Page 5 of 6 SIGNED: xecu ive Director CITY OF L C t BILL LISTER, MAYOR ATTEST: E elyn Gaf ga, ity S y -Treasurer ROV AS CONT T: m Weston, Director of Community Facilities APPROVED AS TO FORM: Angela VAdams, Assistnat City Attorney , 1980. Approved and accepted on behalf of the Governor's Committee on Aging. CHRIS KYKER, Coordinator of Aging Governor's Committee on Aging This grant is not effective until signed above by the Coordinator of Aging of the Committee. REVIEWED: CONTRACT OFFICE: FISCAL DIVISION Page 6 of 6