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HomeMy WebLinkAboutResolution - 012777O - Agreement - Lubbock Meals On Wheels, Inc. - Community Food & Nutrition Program - 01/27/1977O/Z 79 ? ~ KJ:bsb 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 an agreement between the CITY OF LUBBOCK and LUBBOCK 1EALS ON WHEELS, INC., 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 Resolutioi as if fully copied herein in detail. Passed -by-the City Council this 27thday of January 1977 ROY BASS, YOR ATTEST: Treva Phillips, C y Secretary -Treasurer APPI.OVED AS TO FORM: red 0. Senter, Jr., XXtyAttorney CONTRICT FOR PERFORW NCE OF COMMUNITY FOOD & NUTRITION PROGRIMI T H E S T A T E O F T E X A S C 0 U N T Y O F L U B B 0 C K This contract and agreement is made and entered into by and between the City of Lubbock, Texas, through its CONSIUNITY SERVICES DEPARbMT, hereinafter referred to as "CITY", and LUBBOCK MELS ON IMEELS, INC., hereinafter referred to as "CONTIMCTOR". The parties -hereto have sever— ally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishments of the tasks hereinafter described: SECTION I. PERFOIMWCE OF CONTRACTOR Contractor shall, in a complete and satisfactory manner, supervise and be responsible for the preparation and delivery of well—balanced, nutritional meals to the elderly and handicapped poor within the City of Lubbock: who are unable themselves and have no one else available to pre— pare adequate meals. These meals shall be delivered at noon time from Monday to Friday, inclusively. The estimated number of meals to be pre- pared and-Aelivered is 5,306 meals, more or less. SECTION II. PERIOD OF PERFORMNCE. All performances to be rendered by Contractor hereunder shall com— mence January 1, 1977, and shall terminate September 30, 1977, such period being the time period established by a Contract between the CITY and the Community Services Administration providing -the funds for an elderly feed- ing program. SECTION Ill. METHOD OF ' PIMIENT Subject to the Contractor's continuing full and satisfactory per— formance of the terms of this Contract, CITY shall pay to Contractor the total sum of eight thousand seven hundred and fifty five dollars (x8,755) based on the delivery of 5,306 meals at $1.65 per meal, with payment to be made to Contractor at the rate of $19000 per month for eight months and a final. payment of $755, beginning prior to January.31, 1977. In no event shall the total of all payments, liabilities T obligations, or other considerations from and of CITY to Contractor exceed the total sum of $81755. SECTION IV. REPORTING The Contractor shall submit such records, information and reports in such form.and at such times as may be required by the CITY and the Community Services.Administration. The reports required of the Contractor shall. in— clude, but not be limited to, the final report specified by this Section. The final report shall include a detailed description of the expendi— ture of funds paid to Contractor under the terms hereof by both object and function and shall include such documentation as the CITY may require. The final report shall fully and completely disclose all performances rendered by Contractor under the terms hereof for the period of time covered by such final report. The Contractor -shall submit a final narrative report of all program activities, participants, and expenditure of Contract funds that is due no later than 30 days after the end of.tbe.Contract period. SECTION V. AUDIT The Contractor shall furnish the CITY with an audit report of an audit conducted by an independent certified public accountant or a licensed pub— lie accountant covering funds awarded under this Contract for the Contract period. An audit performed as a part of Contractor's regular program audit will be accepted by the CITY provided audit reports are furnished the CITY which cover the above—specified period of time. Air VA_ SECTION VI. MAINTENANCE OF EFFORT The Contractor agrees that the funds and resources provided the - Contractor under the terms of this Contract will be used solely ex— penditures in payment of the performances.required of the Contractor by this Contract, and that such funds and resources will in no way be substituted for:funds and resources from other sources nor in any way serve to reduce the resources, services, or other benefits which would have been available to, pro provided through the Contractor had this Contract not been executed. SECTION VIZ, INDEPENDENT CONTRACTOR It is expressly understood and agreed-by both parties hereto that the CITY is contracting with Contractor as an Independent Contractor and the Contractors as such? agrees to hold the CITY-harmless and to indemnify it from and against any and all claims, demands and causes of action of every kind and character which my be asserted by'any third party occur— ring or in any way incident toy arising out-of, or in connection with, the services to be performed by Contractor under this contract. SECTION VIII. 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 o theruanner by the teras of this Contract. SECTION IX. COMPLIANCE IVITH LOCAL LAWS Contractor shall comply with all applicable laws? ordinances, codes and regulations of the state, local and federal governments. SECTION X. EQUAL BiPLOYMMT OPPORTUNITY The Contractor will not discriminate against any employees employed in the performance of this Contract, or against any applicant seeking em— ploymentl on the basis of race, sex, color, religion, national origin or creed. Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, sex, creeds color or national origin. SECION XI. EQUAL OPPORTUNITY FOR PARTICIPANTS Contractor agrees that no person shall, on the ground of race, sex, creed, color, religion or national origin, be excluded from-participation ins be denied the proceeds of, be denied the benefits of, or be subject to discrimination in the performance of this Contract. WITNESS OUR HANDS THIS _ DAY OF janwarg , 3977. LUBBOCK- MEALS ON WHEELS, INC. ATTEST: President Ideals on Wheels, Ine.9 Secretary +��t�ltlttiltl�lt��( . C T F It to �t ( � kTTEST, % • c � Roy as Diayor Treva_Phtllipsp City ecretary—Treas. "PP , 45 TO FORM: Fred 0. Senter, Jr., CiXy attorney