HomeMy WebLinkAboutResolution - 2003-R0049 - Community Development Contract - Lutheran Social Services - 01/23/2003RESOLUTION
Resolution No. 2003-R0049
January 23, 2003
Item No. 53
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 Community Development Funding Contract,
by and between the City of Lubbock and Lutheran Social Services of the South for the Lutheran
social services emergency utility assistance program from the Community Service Block Grant
(CSBG) Program for Public Service 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.
ATTEST:
£~~~ >~-
Reoecca Garza, City Secretary "t5
APPROVED AS TO CONTENT:
ccdocs/Lutheran Social Services-CSBG.res
January 13, 2003
2003
Resolution No. 2003-R0049
January 23, 2003
Item No. 53
COMMUNITY SERVICES BLOCK GRANT
LUTHERAN SOCIAL SERVICES OF THE SOUTH
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Contract entered into this 23rd day of January, 2003 by and between the CITY OF
LUBBOCK (herein called "City") and Lutheran Social Services of the South a non-profit Center
(herein called "Contractor").
WHEREAS, the City is obligated to do and perform certain services in its administration of
Community Services Block Grant; and
WHEREAS, the Contractor operates a non-profit center offering services to low-income
individuals in the County of Lubbock; and
WHEREAS, the services provided by the Contractor benefit citizens of the County of
Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared programs of the
Lutheran Social Services to be a public purpose and the provision of these services to be a
predominate purpose of this transaction; and
WHEREAS, the Contractor and the services it provides have been found to meet the criteria
for funding under the RF A; and
WHEREAS, the accomplishment of the above public purpose is the predominant purpose
of this transaction, continuing supervision by the City and State together with statutory and
contractual requirements provide sufficient assurance that this public purpose will be
accomplished and an audit provides sufficient protection of the handling of public money; and
WHEREAS, the City Council had found that the Contractor has the special expertise,
knowledge and experience necessary for the performance of the contract and that the City will
receive adequate consideration in the form of substantial public benefit; and
WHEREAS, the City desires to contract with the Contractor to make available operating
assistance for the Lutheran Social Services Emergency Utility Assistance Program.
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. General Overview of Program:
1. Contractor will use the CSBG funds awarded to administer the Utility
Assistance Program. Contractor will assist approximately 89 clients with
electric, water or gas bill.
B. City Responsibilities:
1. City agrees to provide Contractor assistance from Community Services Block
Grant funds in an amount not to exceed $22,217 .00 (the "Funds") in return for
Contractor performing the activities set forth in this Contract as consideration for
said Funds. The Funds shall be disbursed in the amounts and at the time the
Funds are disbursed to City by the State of Texas. The City is not responsible for
any amounts not distributed by the State of Texas.
2. It is expressly understood and agreed by the parties hereto that City's
responsibilities are contingent upon the actual receipt of adequate funds to meet
City's liabilities under this contract. If adequate funds are not available to
make payment under this contract, City shall notify Contractor in writing
within a reasonable time after such fact is determined. City shall terminate this
Contract and will not be liable for failure to make payments to Contractor under
this Contract.
3. City shall not be liable to Contractor for any costs incurred by Contractor, or
any portions thereof, which have been paid to Contractor or which are subject
to payment to Contractor, or which have been reimbursed to Contractor or
which are subject to reimbursement to Contractor by any source other than City
or Contractor.
4. City shall not be liable for any costs incurred by Contractor which are not
allowable costs as set forth in the contract.
5. City shall not be liable to Contractor for any costs incurred by Contractor or for
any performances rendered by Contractor which are not strictly in accordance
with the terms of this Contract.
6. City shall not be liable to Contractor for any costs incurred by Contractor in the
performance of this Contract which have not been billed to City by Contractor
within sixty (60) days following termination of this Contract.
7. City shall not be liable for costs incurred or performances rendered by
Contractor before commencement of this Contract or after termination of this
Contract.
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8. City's financial assistance will be limited to the following:
a. The assistance made available through this Contract shall be used by the
Contractor solely for the purpose of the Lutheran Social Service Emergency
Utility Assistance Program and
b. The assistance shall provide funding for expenses incurred within the
operation and scope of the program.
c. The services provided by the Contractor shall benefit lower-income families
residing in the County of Lubbock and whose gross household income does
not exceed the 2003 Poverty Income Guidelines or the most current guidelines
issued by the Department of Health and Human Services.
C. Contractor's Responsibilities
1. Contractor agrees to use funds made available through this Contract solely for
the purpose of the Lutheran Social Services Emergency Utility Assistance
Program at 1318 Broadway, Lubbock.
2. Contractor agrees to comply with applicable uniform administrative
requirements, as described in the Lutheran Social Services Policy Manual and
generally accepted administrative requirements for the Texas State Government
located at 1TAC5.141 et seq. And the federal administrative requirements
located at 45CFR Part 96.
3. Contractor agrees to carry out the activities under this Contract in compliance
with all State and Local laws and regulations.
II. TIME OF PERFORMANCE
This Contract shall commence January 1, 2003 and shall terminate December 31, 2003
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BUDGET
1. Please list applicant's anticipated expenditures, detailing requested funds and applicant's
matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations
beside each entry under "Applicant's Matching Funds" to denote the type of match being
used.
Administration:
Personnel ~31333.00 + =
Fringe Benefits + =
Office Supplies + =
Copy Supplies + =
Postage + =
Telephone + =
Rental Space + =
Utilities + =
Insurance + =
Other: + =
+ =
+ =
Program:
Tution & Fees + =
Books + =
Uniforms + =
Child Care + =
Rent + =
Utilities ~18,884.00 + =
Transportation + =
Other: + =
+ =
+ =
+ =
$22,217.00 TOTALS + = ======
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III. PAYMENT
City will pay up to $22,217 .00 to Contractor based upon the receipt of request for funds
and project expense summary for the above-described project. Contractor shall submit to
City invoices for items purchased. City shall determine the reasonableness of each
purchase and shall not make disbursement of any such payment until City has reviewed
and approved each purchase. If need is shown to exist, City staff can release up to 10% of
the funds to be used as start-up funding. Contractor will then bill City monthly for
expenses occurred during the month. By December 31, 2003, Contractor will have
provided City with proper documentation to show how all funds were expended, including
the start-up costs.
The Funds shall be disbursed in the amount and at the time the Funds are disbursed to the
City by the State of Texas. The State of Texas has currently disbursed Twenty-eight percent
(28%) of the total amount of Funds to the City. Therefore, the City shall currently disburse
$6,220.00 to Contractor.
IV. NOTICES
Communication and details concerning this Contract shall be directed to the following
Contract representatives:
Todd Steelman
City of Lubbock
P. 0. Box 2000
Lubbock, TX 79457
V. SPECIAL CONDITIONS
Joy Loper
Lutheran Social Services
1318 Broadway
Lubbock, TX 79401
A. Specific Requirements to Meet Conditions Outlined in RFP
1. Contractor will maintain adequate case management files on each client assisted;
whether the case management is funded through this grant or not, and whether
the case management is provided by the Contractor or not.
2. Contractor will keep adequate documentation of the design of the program, the
implementation of the program, and evaluation of program design.
3. Contractor will keep documentation of their efforts to leverage CSBG funds
with other programs to enhance the services provided to clients.
4. Contractor will keep documentation of their efforts to cooperate and
collaborate with other service providers.
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VI. GENERAL CONDITIONS
A. General Compliance
Contractor agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Contract which were made
available under City's Community Services Block Grant program.
B. Independent Contractor
Nothing contained in this Contract is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. Contractor shall at all times remain an independent contractor with
respect to the services to be performed under this Contract. City shall be exempt
from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Worker's Compensation insurance as the Contractor is an
independent Contractor.
C. Indemnity and Release
Grantee.shall indemnify and hold harmless, to the fullest extent permitted by law, the
City, and City's respective officers, employees, elected officials and agents, from and
against any and all losses, damages, claims or liabilities, of any kind or nature, which
arise directly or indirectly, or are related to, in any way, manner or form, the activities
contemplated hereunder, including, but not limited to, losses, damages, claims or
liabilities arising from or related to, in any way, manner or form, the act or omission
of third parties and/or the negligence or fault of City, its respective officers,
employees, elected officials and /or agents. Grantee further covenants and agrees to
defend any suits or administrative proceedings brought against the City and/or the
City's respective officers, employees, elected officials and/or agents on account of
any such claim, and to pay or discharge the full amount or obligation of any such
claim incurred by, accruing to, or imposed on the City, or the City's respective
officers, employees, elected officials and/or agents, as applicable, resulting from such
suits, claims and/or administrative proceedings or any matter resulting from the
settlement or resolution of said suits, claims and/or administrative proceedings, in
addition, Grantee shall pay to the City, applicable, all attorney's fees incurred by such
parties in enforcing Grantee's indemnity in this section.
The City, and its respective officers, employees, elected officials and agents shall not
be liable and Grantee hereby releases the City, and its respective officers, employees,
elected officials and agents, for, from and/or against any losses, damages, claims or
liabilities to Grantee, on any theory of legal liability, including, but not limited to the
negligence, of any type of degree or fault, of the City, arising from or related to, in
any way, manner of form, the unenforceability or voidance, for any reason, of all or
part of this agreement.
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The indemnity and release provided herein shall survive the termination or voidance
of this agreement.
D. Worker's Compensation
Contractor shall provide Worker's Compensation insurance coverage for all
employees involved in the performance of this Contract.
E. Insurance and Bonding
Throughout the term of this Contract, the Contractor will maintain liability
insurance in the following minimum amounts:
Type of Insurance
Commercial General Liability
Property Damage Liability
F. City Recognition
Minimum Liability
$1,000,000 Limit
$100,000 Each Occurrence
Contractor shall insure recognition of the role of City's Community Services Block
Grant program in providing funding through this Contract. All activities, facilities
and items utilized pursuant to this Contract shall be prominently labeled as to
funding source. In addition, Contractor will include a reference to the support
provided herein in all publications made possible with funds made available under
this Contract.
G. Amendments
City or Contractor may amend this Contract at any time, provided that such
amendments make specific reference to this Contract, and are executed in writing,
signed by a duly-authorized representative of both organizations and approved by
the City Council ifrequired by law. Such amendments shall not invalidate this
Contract, nor relieve nor release City or Contractor from its obligations under this
Contract.
City may, in its discretion, amend this Contract to conform with federal, state or
local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of
services, or the activities to be undertaken as part of this Contract, such
modifications will be incorporated only by written amendment signed by both City
and Contractor.
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H. Suspension or Termination
Either party may terminate this Contract at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least
thirty (30) days before the effective date of such termination. Partial termination
of the Scope of Service in Paragraph "LB" above may only be undertaken with the
prior approval of City. In the event of any termination for convenience, all finished
or unfinished documents, data, studies, surveys, maps, models, photographs,
reports, or other materials prepared by Contractor under this Contract shall at the
option of City, become the property of City, and Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination.
City may also suspend or terminate this Contract, in whole or in part, if Contractor
materially fails to comply with any term of this Contract, or with any of the rules,
regulations, or provisions referred to herein; and the City may declare the
Contractor ineligible for any further participation in City contracts, in addition to
other remedies as provided by law. In the event there is probable cause to believe
Contractor is in noncompliance with any applicable rules or regulations, City may
withhold up to fifteen percent (15%) of said contract funds until such time as
Contractor is found to be in compliance by City or is otherwise adjudicated to be
in compliance.
The City may also terminate this agreement in the event of an emergency or disaster,
whether an act of God, natural or manmade, by giving twenty-four (24) hour notice.
The City may give said notice verbally to Grantee. Any expenditures incurred prior
to receiving notice will be reimbursed; however, in no event shall the City pay any
expenses incurred after notice of termination is received by Grantee.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
I. Accounting Standards
Contractor agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
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2. Cost Principles
Contractor shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non-Profit Orgaizations", or A-21,
"Cost Principles for Educational Institutions'', as applicable, for all costs
incurred whether charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
Contractor shall maintain all records required by the State of Texas
Department of Housing and Community Affairs, and that are pertinent to
the activities to be funded under this Contract.
2. Retention
Contractor shall retain all record pertinent to expenditures incurred under
this Contractor for a period of three (3) years after the termination of all
activities funded under this Contract, or after the resolution of all State
audit findings, whichever occurs later.
3. Client Data
Contractor shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to: total
number of information and referral calls received and broken down into
subject categories for every call; specific information obtained through
random screening of calls such as income level, gender, race, age,
education-level, and household size. Such information shall be made
available to City monitors or their designees for review by the 1 oth day of
every month.
4. Audits and Inspections
All Contractor records with respect to any matters covered by this
Contract shall be made available to City, their designees or the State
Government, at any time during normal business hours, as often as City or
State deems necessary, to audit, examine, and make excerpts or transcripts
of all relevant data, both financial and programmatic. Any deficiencies
noted in audit reports must be fully cleared by Contractor within thirty
(30) days after receipt by the Contractor. Failure to comply with the
above audit requirements will constitute a violation of this Contract and
may result in the withholding of future payments.
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C. Operation and Financial Reports
1. Financial Record Reports
Contractor agrees to submit to the City invoices for the services and
approved costs of this program by the 10th day of each month; and
2. Operation Reports
Contractor agrees to submit to the City a monthly activity report in
accordance with instructions provided by the State.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Contractor agrees to comply and to require all subcontractors to comply with Title
VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act
of 1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and with Executive Order 11246 and the regulations
issued under the order at 41 CFR chapter 60.
B. Conduct
1. Prohibited Activity
Contractor is prohibited directly or indirectly from using funds provided herein or
personnel employed in the administration of the program for political activities;
sectarian or religious activities; lobbying, political patronage, and nepotism
activities.
2. Conflict of Interest
Contractor and City agree to abide by the provisions of federal and state
with respect to conflicts of interest, and Contractor covenants that it
presently had no financial interest, direct or indirect, which would conflict
in any manner or degree with the performance of the service required
under this Contract and that no person having such an interest will be
employed as or by the subcontractor carrying out this Contract.
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IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
LUTHERAN SOCIAL SERVICES OF THE SOUTH
~~~ !'
AUTHoRIZrrn REPRESENTATIVE
ATTEST: FED. I.D.# 74-1109745
&:1~~
Rebecca Garza, City S~
APPROVED AS TO CONTENT:
~4_L=--f~ ~y~
NancyHanef
Community Development Manager
APPROVED AS TO FORM:
11
Resolution No. 2003-R0049
STATE OF TEXAS §
CONTRACTOR OF LUBBOCK §
AMENDMENT TO COMMUNITY SERVICES BLOCK GRANT
AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND LUTHERAN SOCIAL SERVICES OF THE SOUTH
NEIGHBORHOOD HOUSE
This amendment to Agreement is entered into this 4th day of
August , 2003 between the City of Lubbock, a Texas municipal corporation
(hereinafter called "the City") and Lutheran Social Services of the South Neighborhood
House, a non-profit organization (hereinafter called "Contractor").
WHEREAS, the Contractor and the City have previously entered into an
Agreement dated January 23, 2003 (hereinafter called "the Agreement"); and
WHEREAS, the City and the Contractor hereby desire to amend said agreement.
NOW THEREFORE, the City and the Contractor hereby agree to amend the
Agreement as follows:
1) Paragraph I. D. of the Agreement is hereby added as follows:
"Contractor shall administer a program to provide Comprehensive Energy
Assistance Program Elderly/Disabled and Energy Crisis (the "CEAP Program")
components to eligible clients In accordance with Texas Department of Housing
and Community Affairs ("TDHCA") CEAP regulations and as out lined in CEAP
regulations In accordance with the Low-Income Home Energy Assistance Act of
1981, as amended, 42 U.S.C. Sec. 8621 et seq. (the "LIHEAP Act" Public Law
97-35), and the "Coats and Human Services Reauthorization Act of 1998", Public
Law 105-285, signed October 27, 1998 which reauthorized the LIHEAP program
for five years through FY 2004.
Funding for the CEAP Program shall be as follows:
Elderly/Disabled energy $60,000
asst.
Energy Crisis $10,000
Administration Costs $ 7,000
Support Services $ 3,500
Total Additional funds $80,500
Contractor shall follow all requirements to administer the CEAP program as City
may otherwise require."
2) This Amendment shall be effective on August 4, 2003 and shall terminate
December 31, 2003.
....
3) This amendment to the Agreement shall be effective upon execution. The
remainder of the Agreement shall remain in full force and affect except as
changed herein.
Executed the 13th of August , 2003 as first written as affected as
provided herein.
CITY OF LUBBOCK:
I
ATTEST: '·.
~~ .. ~ Re cca Garza, City secretarY'<
APPROV_§P-.~ A J TO CONTENT: /fd?f.~
Todd Steelman Interim Community
Development Manager
........
City Attorney
LUTHERAN SOCIAL SERVICES OF
THE SOUTH NEIGHBORHOOD
HOUSE:Dav< J f Jm-f=
EXECUTIVE DIRECTOR
FED. l.D.# \j4-)}09f"JL\5