HomeMy WebLinkAboutResolution - 506 - Contract - SPAG - Watherization/Elderly Residential Repair - 05/22/1980IcADGV:bs RESOLUTION) X506 - 5/22/80
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�cl� 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
South Plains Association of Governments and City of Lubbock Community Services
Department, numbered AA3-8048-21-650, a copy of which is 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 22nd day of May ,1980.
- - 4 J-04(
BILL McALISTER, MAYOR
II .-ATTEST;.. , r . .
+Evelyn Gaf Via, City S&d%ry-Treasurer
APPROVED AS TO CONTENT:
Denzel Perc ull, Dir tor -of Public
Services
APPROVED AS TO FORM:
k ��g �,7
Donald G. Vandiver, Assistant City Atto
0
RESOLUTION #506 - 5/22/80
CONTRACT BETWEEN
SOUTH PLAINS ASSOCIATION OF GOVERNMENTS
AND
City of Lubbock Community Services bepartment , AA3-8048-21-650
SECTION 1.
Part I
General Provisions
PARTIES TO THE CONTRACT
This contract is between South Plains Association of Governments, hereinafter referred
to as SPAG and City of Lubbock Community Service Department
hereinafter referred to as the CONTRACTOR. The parties have agreed severally and collectivel
to the execution and mutual obligations, and to the performance and accomplishment of the
tasks hereinafter described.
SECTION 2. CONTRACT PERIOD
This contract shall commence on March 1, 1980 and shall terminate
on September 30, 1980.
SECTION 3. CONTRACTOR'S PERFORMANCE
Contractor shall develop and operate services in City of Lubbock
service area
in accordance with the terms of PART I, GENERAL PROVISIONS, and in accordance with the terms
of PART II, SPECIAL PROVISIONS as delineated in the following attachments which are indicated
by initials as a part of this contract.
Attachment A - Budget
Attachment B - Title IIIb, Information and Referral Services
Attachment C - Title IIIb, Transportation Services
Attachment D - Title IIIb, In -Home Services
Attachment E - Title IIIb, Community Services - Legal
Attachment F1- Title IIIb, Other Community Services - Senior
Center Operations
Attachment F2- Title IIIb, Residential Repair 4, hn .g
Attachment F3- Title IIIb, Training for Participants
Attachment G - Title IIIcI,Nutrition Congregate Meals
Attachment H - Title IIIc 21' Nutrition Home Delivered Meals
Attachment I - Title IIIb1,Nutrition Social Services
Contractor shall perform all activities in accordance with the terms of the Older
Americans Act of 1965, as amended October 18, 1978, its regulations, and including Grants
Management regulations TITLE 45 C.F.R. PART 74 dated September 19,.1973, Federal Management
Circulars, OMB circulars, and applicable State laws.
SECTION 4. SPAG FUNDING OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities
3A-80 Page 1 of 13
described in this contraitI, S AG shall be liable to Contractor for
actual costs incurred Co tor, within the period of this contract,
for performances render tie br subject to Contractor furnishing
its share of the costs incurre .
1. It is expressly understood by the Contractor that the ability and
obligation of SPAG to fund this contract is based solely on a
commitment to SPAG from the Texas Governor's Committee on Aging
to provide funds. The contractor shall have no claim, under
terms of this contract, on any funds from SPAG other than these.
SECTION 5. CONTRACTOR'S MATCH
A. Program income may be used for Contractor's share of allowable costs
according to the following requirements.
1. Program income derived from participant contributions for
nutrition services must be used in a manner to increase the
number of meals served by the nutrition project. Adequate
documentation of participant nutrition contributions and their
use will be maintained by the Contractor.
B. Amounts may be counted toward Match only if they are costs for resources
of a type specified by the budget categories, delineated in Attachment A
Budget of this contract.
C. In -Kind contributions, hereinafter referred to as 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 programs, and
3.: allowable as direct costs under the provisions of this contract.
D. The basis for determining the value of all in-kind Match shall be
adequately documented. SPAG shall have access to and the right to
examine all such documentation. Valuation of contributions shall be
_determined in accordance with the following provisions:
1. if the contribution is of tangible personal property having a
useful life of more than one year and acquisition cost greater
than $300.00 and title passes to Contractor, prior approval of
SPAG is required.
2. contribution of the use of space may be counted at fair rental
value.
E. Contractor's Match may not be met by federal funds from any source
except as provided by federal statute. For the purposes of this contrac
general revenue sharing funds are not considered federal funds
3A-80 Page 2 of 13
F. Expenditure of Contractor's Match at ten percent (10%) of total
allowable project costs will earn federal funds at ninety percent (90%)
of such costs and if, during the contract period, the ratio of total
actual expenditures from SPAG's share, to the total actual expenditures
from Contractor's share is greater then the.ratio of SPAG's share to
Contractor's total share as specified in'Attpchment A - Budget, then
SPAG may suspend further payments until the"A fsp�oportion is corrected.
G. Each request by the Contractor for reimbursement from SPAG for allowable
project costs shall be accompanied by appropriate records evidencing
non-federal matching contributions in an amount equal to at least 10%
of reported project total costs during the period for which payment is
requested.
H. Notwithstanding any other provision of this contract, Contractor may
expend an amount greater than that designated as Contractor's Match on
purposes or activities allowable under this contract.
SECTION 6. PROGRAM INCOME
A. Program Income is that income earned by Contractor from allowable
activities arising from performance of this contract which is either
1. borne as a direct cost by SPAG according to terms of this
contract, or
2. counted as an allowable cost toward meeting Contractor's Match
requirement according to terms of this contract.
B. Program Income must be spent on allowable costs.
C. Program Income must be spent during the CURRENT PERIOD.
D. Program income must utilize and be reported by the Contractor in one
of the following alternative methods:
1. program income may be used by the Contractor for current
allowable costs incurred for performances specified and budgeted
according to terms of this. contract. The amount of program
income utilized in this manner will not count toward satisfying
the Contractor's Matching requirement but will be deducted
from the amount obligated to the Contractor by SPAG according
to the terms of this contract. The maximum percentage of SPAG
participation will be applied to the net amount determined by
deducting program income from total allowable costs.
2. program income may be utilized by the Contractor to meet
Contractor matching requirements under terms of this contract.
Program income utilized in this manner must be expended for
allowable, budgeted costs according to terms of this contract.
E. Contractor must maintain records of the receipt, accrual and dispositior
of program income in the same manner as required for other contract
funds and must report monthly and.at the close of the contract, in a
format prescribed by SPAG.
3A-80 Page 3 of 13
SECTION 7.
OPERATING BUDGET
This contract and the contract operated hereunder by the Contractor shall be governed
by a Budget as defined on Attachment A - Budget.
A. Adjustments to approved individual budget line item amounts may be
made by the contractor, providing that the adjustment to an individual
line item does not exceed ten percent (10%) of the line item amount,
that the total of line item adjustments within a category does not
exceed 10% of the category amount, and that there is no change in the
category total amount.
B. Adjustments amounting to more than that provided in A above may be
made by the Contractor only with prior written authorization of SPAG.
C. Allowability of costs incurred under Attachment A - Budget, whether bills
to SPAG or counted toward Contractor's Match, shall be in accordance wii
provisions of 45 C.F.R. Part 74 and other applicable federal regulations.
D. When 45 C.F.R. 74, or its appendices, provide that a cost is allowable
only when authorized in writing, prior written approval from SPAG must
be obtained. Approval of the Contractor's Budget, Attachment A -
Budget, shall constitute written approval only if detailed budget justi-
fication supporting the purpose, need, and reasonableness of such cost
is included as part of the budget.
SECTION 8. LEGAL AUTHORITY
A. Official motions, resolutions, or other action regarding this contract
will be made a part of the official records of the Contractor and SPAG
shall be furnished a copy of those records as requested.
B. A copy of official records shall be furnished SPAG when a change is
made in the official/s authorized to commit for the applicant organizatii
C. Ifthere is a dispute as to the legal authority of either party or
person signing this contract, either party shall have the right to
temporarily suspend or permanently terminate the contract. Contractor
is liable to SPAG for any money it has received from SPAG for providing
services under this contract if SPAG has suspended or terminated the
-contract in this Section.
D. In the event project monitoring/evaluation activities by SPAG or its
agents disclose serious deficiencies in the operation of a project
included in the terms of this contract, SPAG may elect to suspend this
contract, pending a review of project operations. The Contractor shall
be notified in writing of any such suspension and SPAG shall only be
liable to Contractor for costs incurred prior to the date of suspension.
SECTION 9. RECORDS AND REPORTS
A. Contractor shall maintain fiscal records and supporting documents of all
expenditures of funds under this contract in a manner which conforms
with generally accepted accounting procedures.
3A-80 Page 4 of 13
B. Current fiscal records and supporting documents shall be maintained at
the Contractor's central office located at
C. Auditable accounts and records shall be retained for a period of three
years following expiration of this contract. Records shall be retained
beyond this period if there are any unsolved questions regarding them
or regarding any performances under this contract. Such records shall
be maintained at the Contractor's central office located at
City Hall
10th and Texas
Lubbock, Texas 7945
and shall be available to any auditing entity from SPAG, the Governor's
Committee on Aging, or federal auditors as required by 45, C.F.R. Part 7
D. Contractor shall submit to SPAG other information
operations as may be necessary from time to time.
be submitted by the Contractor on a timely basis
by SPAG.
SECTION 10. NEPOTISM
regarding project
Such information shal
and on a form prescribe
No officer, employee, or member of the Contractor's Board of Directors shall appoint,
vote for, or confirm the appointment'of any person related with the second (2nd) degree of
affinity or with the third (3rd) degree on consanguinity to that person so appointed or so
voting when the salary, fees, or compensation of such appointee is to be paid for, directly
or indirectly, out of or from funds provided by SPAG or from Contractor's Match.
SECTION 11. SECTARIAN ACTIVITY
None of the services delivered under this contract shall involve and no portion of
the funds received by Contractor hereunder shall be used for any sectarian or religious
activity.
SECTION 12. CONFLICT OF INTEREST
A. Contractor shall assure that no member of its governing body, employee, or
agent shall participate in the selection award, or administration of a
subcontract under this contract where any of the following has a financial
interest in the contract:
1. the employee, officer, or agent;
2. any member of the immediate family, as that term is defined in Section
10 of this contract;
3. his or her partner;
4. an organization in which any of the above is an officer, director or
employee.
3A-80 Page 5 of 13
y,
B. SPAG shall assure that no officer, member, or employee who exercises any
functions in the review on approval of the undertaking or carrying out
of this contract shall:
1. participate in any decision relating to this contract which affec
his personal financial interest or the interest of any corporatio
partnership, or association in which he has a direct or indirect
personal financial interest;
2. have any financial interest, direct or indirect, in this contract
orthe proceeds thereof. Nothing in this subsection shall prohib
public officials of units of local government from serving on
SPAG's governing body, or on the Advisory Council, established
pursuant to SPAG's bylaws, notwithstanding the fact that such
unit o.f local government is receiving or may receive funds for
the provision of services under the terms of this grant.
C. Contractor shall maintain a code of conduct to govern the performance
of its officers, employees, or agents engaged in the awarding and
administration of such contracts under this contract. Such code shall
contain appropriate disciplinary actions to be applied for violations
of the code. Such code shall include provisions prohibiting the solici-
tation or acceptance of gratuities, favors, or anything of monetary
value from subcontractors or potential subcontractors.
j; D. None of the performances rendered hereunder shall involve, and no
portion of the funds received by Contractor hereunder shall- be used
"c for, and any political activity (including but not limited to any
candidate for public office) or any activity undertaken to influence
the passage, defeat or final content of legislation.
SECTION 13. PROPERTY
A. Contractor shall not purchase, transfer, or dispose of any real property
or non -expendable personal property except in accordance with regulations
promulgated by U. S. Department of Health, Education and Welfare for the
Administration of Grants, 45 C.F.R. Part 74, Subpart 0.
B. Contractor shall maintain a record of all equipment purchased under the
terms of this contract. Any capital equipment having an acquisition cost
cost of $300.00 or more and with a normal life expectancy of one year or
more, purchased under the terms of this contract, shall revert to and
be delivered by the Contractor to SPAG in the event that services describe
herein are terminated either during or subsequent to the contract period.
C. With this contract, Contractor shall report all equipment as described in
subsection 13-B, above, which has been purchased under the terms of prior
contracts; and on the completion of this contract, report all equipment
purchased under the terms of this contract.
D. Contractor shall establish a property control.system to ensure adequate
safeguards to prevent loss, damage, or theft of property acquired under tt
contract. Any loss, damage, or theft of such property shall be reported 1
SPAG as soon as discovered by Contractor.
3A-80 Page 6 of 13
SECTION 14. BOARD OF DIRECTORS
A. Contractor shall assure that its Policy Board meet at least monthly,
but no less often than bi-monthly and that minutes of those meetings be
filed and reflect all official business conducted at each meeting.
B. Private, non-profit incorporated contractors shall assure that an
annual meeting is held in compliance with the State of Texas incorporatii
charter. Minutes of the annual meeting shall be filed and shall contain
a record of all official business transacted at that annual meeting.
SECTION 15. PERSONNEL
A. Contractors shall establish and maintain personnel policies, including
affirmative action policies in compliance with Title VI Civil Rights
Act of 1964. (See Section 16).
B. Private, non-profit incorporated contractors operating a senior center o
a nutrition program shall hire staff who have the authority and the
responsibility to develop and implement the activities described in this
contract.. Such person shall be qualified by education and experience to
fulfill the provisions of this contract.
C. Subject to the requirements of Subsection A of this section, Contractor
shall give preference in hiring for full or part-time positions to
persons aged sixty (60) or over.
SECTION 16. EQUAL OPPORTUNITY
A. Contractor assures that no person shall, on the ground of race, age,
religion, color, handicap, national origin, sex, political affiliation,
or belief, be excluded from, be denied the benefits of, or be subjected
to discrimination under any program or activity funded in whole or in
part under this agreement or otherwise under Contractor's control.
Contractor shall comply with Title VI of the Civil Rights Act of 1964, a
amended, (42 U.S.C. 2000(d)) and with the provisions of 45 C.F.R.
Part 80.
B. Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, or national
origin. Contractor will take affirmative action to ensure that applican
are employed and that employees are treated during employment without
regard to their race, religion, color, sex, age, or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
Contractor agrees to post, in conspicuous places available to employees
and applicants for employment, notices setting forth the requirements
of these nondiscrimination provisions.
C. Contractor shall state in all solicitations or advertisements for
employees placed by or on behalf of Contractor that all qualified
applicants will receive consideration for employment without regard to
3A-80 Page 7 of 13
SECTION 17.
3A-80
race, religion, color, sex, age, or national origin.
D. Contractor shall send to each labor union or representative of workers
with which it has a collective bargaining agreement or other grant or
understanding a notice, advising the labor union or workers' representa-
tive of Contractor's commitments to equal employment opportunity and
affirmative action and shall post copies of the notice in conspicuous
places to employees and applicants for employment.
E. Contractor shall comply with all applicable equal opportunity laws,
rules, regulations, and orders, and other employment laws, rules,
regulations, and orders promulgated on federal, state, and local levels.
F. Contractor shall furnish all information and reports and shall permit
access to its books, records, and accounts for purpose of investigation
to ascertain compliance with equal opportunity and affirmative action.
G. In the event of Contractor's non-compliance with the equal opportunity
conditions of this grant, this grant may be cancelled, terminated, or
suspended in whole or in part; Contractor may be declared ineligible foi
further contracts and such other sanctions may be imposed and remedies
invoked as otherwise provided by law.
H. Contractor shall include all clauses A through H of Section 16 in
subcontract or purchase order exceeding TEN THOUSAND AND NO/100
DOLLARS ($10,000.00) so that such provision will be binding upon each
subcontractor or vendor.
I. Contractor shall comploy with the Equal Pay Act of 1963 (29 U.S.C.
201-219), as amended, and covenants that it shall not practice wage
differentiation in employment based on sex.
J. The Contractor shall comply with the Age Discrimination in Employment
Act, as amended, 29 U.S.C. 621-634, and covenants that it shall not
discriminate in employment against any person because of his/her age
or specify, in solicitations or advertisements, a maximum age limit
except or unless it is based upon a bona fide occupational qualification
retirement plan, or statutory requirement.
K. Contractor agrees that facilities, programs, and services supported
-in whole or in part with federal funds will be so located as to
be readily accessible, available, and responsive to the needs of the
population to be served without discrimination because of sex, race,
color, age, religion, national origin, creed, or duration of residence
and that their services be publicized so as to be generally known to the
population to be served.
DISABLED VETERANS
A. Contract shall not discriminate against any employee or applicant for
employment because he or she is a disabled veteran of the Vietnam era in
regard to any position for which the employee or applicant for employ-
ment is qualified. Contractor agrees to take affirmative action to
Page 8 of 13
employ, advance in employment, and otherwise treat qualified disabled
veterans and veterans of the Vietnam era without discrimination based
upon their disability or veteran's status in all employment practices.
B. Contractor agrees that all employment opening of Contractor which exist
at the time of the execution of this grant and those which occur during
the performance of this grant, including those not generated by this
grant, and including those occurring at an establishment of the
Contractor other than the one wherein the grant is being performed but
excluding those of independently operated corporate affiliates, shall be
listed at an appropriate local office of the State employment service
system wherein the opening occurs. Contractor further agrees to
provide such reports to such local office regarding employment openings
and hires as may be required. Such reports shall comply with all relevai
provisions of 41 C.F.R. Part 60-250.
State and local government agencies holding federal contracts of TEN
THOUSAND AND NO/100 DOLLARS ($10,000.00) or more shall also list all
their suitable openings with the appropriate office of the state employ-
ment service, but are not required to provide these reports as set forth
in paragraphs D and E of this Section.
C. Contractor agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Act.
D. In the event of Contractor's noncompliance with the requirements of this
clause, actions for noncompliance may be taken in accordance with the
rules, regulations, and relevant orders of the Secretary of Labor
pursuant to the Act.
E. Contractor will include the substance of this provision in every
subcontract or purchase order of TEN THOUSAND AND NO/100 DOLLARS
($10,000.00) or more unless exempted by rules, regulations, or orders
of the Secretary of the United States Department of Labor issued pursuan
to the Act, so that such provisions will be binding upon each sub-
contractor or vendor. Contractor will take such action with respect to
any subcontract or purchase order as the Director of the Office of
Federal grant Compliance Programs may direct to enforce such provisions,
including action for non-compliance.
SECTION 18. AFFIRMATIVE ACTION FOR HANDICAPPED
A. The Contractor shall not discriminate against any employee or applicant
for employment because of physical or mental handicap in regard to any
position for which the employee or applicant for employment is qualified
The Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all
employment practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
B. The Contractor shall operate all programs and activities funded under
this contract so that no qualified handicapped person shall, on the basi
of handicap, be excluded from participation in, be denied the benefits
3A-80 Page 9 of 13
of, or otherwise be subjected to discrimination under any such program
or activity. Contractor shall comply with Section 504 of the Rehabilita-
tion Act of 1973, P. L. 93-112, as amended, so that programs or
activities are readily accessible to and usable by handicapped persons.
C. The Contractor agrees to comply with the rules, regulations, and
relevant orders issued pursuant to the Rehabilitation Act of 1973, Pub.
L. 93-112, as amended by the Rehabilitation Act Amendments of 1974,
Pub. L. 93-516, which are codified at 45 C.F.R.
D. In the event of the Contractor's noncompliance with the requirement of
this grant, Committee may cancel, terminate, or suspend this grant in
whole or in part; the Contractor may be declared ineligible for further
contracts and such other sanctions may be imposed and remedies may be
involved as otherwise provided by law.
E. The Contractor will include the provisions of this Section in every sub-
contract or purchase order of TWO THOUSAND FIVE HUNDRED AND NO/100
DOLLARS ($2,500.00) or more unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 503 of the
Rehabilitation Act of 1973, so that such provisions shall be binding
upon each subcontractor or vendor. The Contractor shall take such actior
with respect to any subcontract or purchase order as SPAG may direct
to enforce such provisions, including action for noncompliance.
SECTION 19. CONTRIBUTIONS BY RECIPIENTS
A. Contractor shall assure that all entities providing services under this
contract shall provide those receiving such services the opportunity to
contribute to all or part of the cost of the services provided.
B. Contractor shall assure that:
1. each older recipient will be informed that he or she may determirn
without pressure, whether to contribute and how much to contri-
bute;
2. the privacy of each person with respect to contributions will
be protected; and
.3. all contributions are safeguarded and adequately accounted for.
C. Nutrition Contractors shall assure that all contributions for meals shat'
be used to increase the number of meals served.
D. Contractor shall assure that no person shall be denied services because
of failure to contribute for the service.
SECTION 20. TRANSPORTATION
A. Whenever funds provided under this contract are used to establish needed
social or nutrition services to older persons, Contractor shall develop
plans for transportation to ensure that older persons have access to suc
services.
B. Funds under this contract may not be used to provide a direct subsidy to
an overall reduced fare program for a public or private transit system.
C. Contractors may enter into agreements with agencies which administer
programs under the Rehabilitation Act of 1973 and Titles XIX and XX of
the Social Security Act for the purpose of meeting the common need for
transportation services of participants under the common program. Funds
may be utilized to the extent provided in Attachment A - Budget to
purchase or pool transportation services under the above listed Acts.
SECTION 21. COMMUNITY FOCAL POINTS
When SPAG has designated a community focal point
each community/county, Contractor shall develop a plan
the greatest social or economic need.
SECTION 22. OUTREACH
for comprehensive service delivery in
for delivering services to those with
A. Contractor shall develop a written plan to assure that outreach activitie
shall be conducted to identify older individuals eligible to participate
in services under this contract.
B. For the purposes of this contract, preference shall be given to
identifying those with the greatest social or economic needs:
1. greatest social need means factors such as isolation, physical or
mental limitations, racial or cultural obstacles, or other non-
economic factors which restricts individual ability to carry
out normaYactivities of daily living and which threaten an
individual's capacity to live independently;
2. greatest economic need means an income level that falls below the
poverty level established by the Bureau of the Census.
SECTION 23. TRAINING
Contractor shall assure that its employees, Title V employees under the Senior Service
Employment Programs, Older Americans Act, or volunteers delivering services under this
contract participate in training events established by SPAG.
SECTION 24. PUBLIC INFORMATION
Contractor shall assure that a public information program about services under this
contract are effectively distributed throughout Contractor's service area.
SECTION 25. ADVOCACY
Contractor shall provide advocacy and leadership on behalf of all older persons in
Contractor's service area and will appoint observers to monitor policies, programs, hearings,
levies, and community actions which may effect older persons.
SECTION 26.
ORDER OF PREFERENCE
In the event there are conflicts among the provisions of this contract, the conflicts
shall be resolved by giving precedence to Sections 1 through 29 appearing on the first 12
pages of this contract and all attachments thereto.
3A-80 Page 11 of 13
i
SECTION 27. AUTHORITY
The authority on which this contract is based derives from the Older Americans Act of
1965, as amended, its regulations dated November 15, 1977 in lieu of final regulations based
on the October 1, 1978 reauthorization; H.E.W. regulations on Administration of Grants
Title 45 C.F.R. Part 74 and Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled
Veterans, dated September 19, 1973, and revised August 2, 1978; Title VI of the Civil Rights
Act of 1964, the Clean Air Act and the Clean Water Act; the Contract Work Hours and Safety
Standards Act; provisions pursuant to the Rehabilitation Act Amendments of 1974, codified
at 45 C.F.R.; Historic Preservation Act; Flood Control Act, Housing and Urban Development
Act of 1974, and, with all state and local laws as pertain to this contract and its
attachments.
SECTION 28.
ORAL AND WRITTEN AGREEMENT
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. 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.
SECTION 29.
Both parties understand and agree that each individual signing this contract do so
as a representative of SPAG or Contractor respectively, and in the absence of gross negligen
or intentional wrongdoing by such Individual, shall not be personally liable under it;
and both parties further agree, in the absence of such negligence or wrongdoing, to seek
recourse solely against SPAG or the Contractor, as the case may be, in case of breach.
3A-80 Page 12 of 13
WITNESS OUR HANDS EFFECTIVE THIS 22nd day of May , 1980
CITY 0 SBO T A
SIGNED: By: Bill McAlister
*INDIVIDUAL AUTHORIZED TO COMMIT Mayor
FOR CONTRACTOR (CITY OF LUBBOCK)
ATTEST:
i
I /I
r *INDIVIDUAL AUTHORIZED TO COMMIT
City Secretary-Treasure
FOR CONTRACTOR
Approved and accepted on behalf of South Plains Association of Governments.
'TerVy Casstkvens, Executive Director
Soah Plains Association of Governments
*Please attach copy of minutes including official action authorizing the individual/s
(maximum of two persons) to commit for the contractor.
`Attachment A - IIIb
City Of 6UbbAF'F W=unitw Service Dept.
on rac r
AA3-8048-21-08 -650
Contractor Number
Budget and Justification
Title IIIb AAA Social Services
and
Nutrition Social Services
Total Budget
Other
Contractor
SPAG
Nnn-Fad1l
Other
Cash
In -Kind
Budget Category
Fed'l
Total
Resources
Personnel
., Travel (Staff)
In -Region
Out -of -Region
3. Building Space
4. Communications/Utilities
Prorated cost of utilities paid by
City at CSD offices
7m X 28
194.00
194.00
5. Printing/Supplies
. Equipment
kAA
3/80
rage IWO
Title IIIb
Budget and Justification
City of Lubbock Community Service 0
Contractor
EXPLANATION
The total budget is the sum of federal participation (SPAG) and
non-federal participation (Contractor). All budgeted amounts
become contract obligations. Budgeted program income accumulated
or projected to be earned in the contract period must be spent in
the current period.
Program Income is cash received from
earnings for fees, sale of goods, etc. or from
meal contributions
which has been ACCUMULATED to date or which is PROJECTED for the
contract period.
Program Income accumulated or projected may be budgeted as
non-federal (contractor) participation for allowable
costs in addition to the SPAG federal allocation, or as
non-federal (contractor) participation to replace all or
part of the SPAG federal allocation.
Revenue from public funds - tax funds or other funds - is not
program income UNLESS it has been specified by the public source as
matching funds. Public funds not specified as matching funds should
be reflected in OTHER RESOURCES.
riAA
1) /an
Total Bud et
Other
Contractor
SPAG
Non-Fed'1
Other
Budget Category
Fed'l
Total
Resources
Cash
n -Kind
Other
25 homes covering repairs not
connected with weatherization
1,750.00
Total Costs
1,750.00
194.00
1,944.00
EXPLANATION
The total budget is the sum of federal participation (SPAG) and
non-federal participation (Contractor). All budgeted amounts
become contract obligations. Budgeted program income accumulated
or projected to be earned in the contract period must be spent in
the current period.
Program Income is cash received from
earnings for fees, sale of goods, etc. or from
meal contributions
which has been ACCUMULATED to date or which is PROJECTED for the
contract period.
Program Income accumulated or projected may be budgeted as
non-federal (contractor) participation for allowable
costs in addition to the SPAG federal allocation, or as
non-federal (contractor) participation to replace all or
part of the SPAG federal allocation.
Revenue from public funds - tax funds or other funds - is not
program income UNLESS it has been specified by the public source as
matching funds. Public funds not specified as matching funds should
be reflected in OTHER RESOURCES.
riAA
1) /an
Page Three
TITLE IIIb
BUDGET AND JUSTIFICATION
City of Lubbock Community Service Dept.
Contractor
PROGRAM INCOME ACCUMULATED/EARNED/CONTRIBUTED
1. PROGRAM ACCUMULATED, AS OF 3/1/80
2. PROGRAM INCOME PROJECTED FROM
EARNINGS -0-
CONTRIBUTIONS -0-
1. ACCUMULATED
2. PROJECTED
3. SPAG FED'L FUNDS
1AA
;/80
TOTALS
PROGRAM INCOME BUDGETED
CONTRACTOR
NON-FED'L
IN ADDITION TO
SPAG FED'L ALLOCATION
In
CONTRACTOR
NON-FED'L
REPLACING
PART/ALL
SPAG FED'L ALLOCATION
Total P-1
Other
TOTAL
TOTAL BUDGET
$ -0-
$ -0-
-0-
194.00
194.00
I II
$ 1.944.00
CITY OF
LUBBOC AS
•
,
By:
Signature Bill McAlister, Mayor
ATTACHMENT F(2)
City of Lubbock Community Service Dept.
Contractor
AA3-8048021-08-650
Contract Number
Part II
SPECIAL PROVISIONS
TITLE IIIb COMMUNITY SERVICES - RESIDENTIAL REPAIR
This contract is for the purpose of providing residential repair services
in City of Lubbock beginning on March 1, 1980 and
(service area
ending on Sept. 1, 1980 and in the amount of $1,944,00
including $ 1,750,00 and.$ 194.00 (budget total)
(federal)(ma tchl
Contractor will assure that crews providing weatherization will be utilized
to provide repair to residences at a cost not exceeding $250. per residence and
with no expense included for labor. For the purposes of this contract, residential
repair will be identified as repair to sagging porches; installing porch banisters
and wheelchair ramps; repairing holes in doors, interior walls or ceilings,
minor electrical work such as replacing electrical switches or faulty light
fixtures; or, replacing worn gaskets on faucets or the commode flushing system.
Residences selected will be, to the extent possible, homes owned by over -60
residents who are isolated and who have little or no contact with family or
friends.
3A-80
jo-
CITY OF LUBBOCK
FISCAL NOTE
1. The Area Office on Aging at SPAG is offering a small contract of $1750 to the
Community Services Department, to provide limited residential repairs to elderly
households, to be iiaplemented in conjuntion with Community Services Weatherization
program. The goals are to provide residential repairs. The objectives would be
to provide wheel -chair ramps, interior ceiling and wall repairs, floor reinforcing,
etc.; also included could be augmenting the weatherization on a house by caulking,
insulating, installing storm windows and doors, etc. The amount per household
would be limited to $250 for materials, labor to be supplied by Weatheriiation
workers.
2. Indicators of goals and objectives would be minimal in view of the overall
amount of the contract and limitations per household. One could expect some al-
leviation of specific probbems in the individual households affected, such as
greater ease of entry and departure for a wheel -chair bound client when a ramp
is provided.
3. Specific accomplishments would be the provision of assistance to seven elderly
households in the way of residential repairs as described in #1.
4. The group affected by this project will be households containing elderly poor.
Recipients of assistance must have total income at 125% of CSA poverty guideline,
which is $4,738 for one person; add $1,525 for each additional family member.
5. No other organization provides the services stated in project.
6. No alternative sources for providing the service were considered by our depart-
ment. We do not know what if any alternative sources were considered by SPAG's
Office on Aging. Since the residential repair program dovetails well with our
Weatherization program, using the same labor source, we feel that the relatively
small grant can be stretched as far as possible.
7. Implementation of this project in conjunction with our Weatherization program
would in no way postpone or eliminate or reduce any other project or program
within existing revenue sources.
S. No other comments.
EXPENDITURES AND REVENUE PROJECTION
This grant covers a six months period from March 1, 1980 to Sept. 1,-1980.
Expenditures: $1,750 for materials to perform residential repairs; no other ex-
penditures involved for personnel, supplies, etc.
Sources of Funds: SPAG's Office on Aging will provide $1,750 for materials;.
This grant is from HEW federal funding. Labor to be provided
by Community Services and CETA workers.
Anticipated Revenues From Project: The project itself will generate no revenues;
clients served are low-income households, and no fees are charged.
/ ! ITEM 40
67
U
CITY OF
LUBBOCK
EXPENDITURES
AND
REVENUE PROJECTION
1980
1981
1982
1983
1984
Expenditures
Personnel
0
0
0
0
p
Supplies
0
0
0
0
0
Maintenance
0
0
0
0
0
Other Charges*
1,750
3,000
3,000
3,000
3,000
Capital
0
0
0
0
0
TOTAL
1,750
3,000
3,000
3,000
3,000
*Material for Weatherization/
Elderly Residential
Repair
1980
1981
1982
1983
1984
Sources of Funds
Federal
1,750
3,000
3,000
3,000
3,000
State
0
0
0
0
0
..Local
0
0
0
0
0
Other
0
0
0
0
0
TOTAL
1,750
3,000
3,000
3,000
3,000
1980
1981
1982
1983
1984
Anticipated Revenues
From Project
0
0
0
0
0