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Home My WebLink AboutResolution - 5788 - Contract - SPAG - Senior Citizen Services, USDA. Best Scan Possible - 03_12_1998RESOLUTION NO. 5788 Item #20 March 12, 1998 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 for senior citizen services, by and between the City of Lubbock and South Plains Association of Governments as related to pass through funds from the United States Department of Agriculture, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of March ATTEST: Kay ' Darnell City ecretary APPROVED AS TO CONTENT: Jor,V� &a" ,, Tommy G alez Managing Director Civic Services APPROVED AS TO FORM: William de Haas Assistant City Attorney 1998. RESOLUTION N0.5788 Item #20 March 12, 1998 USDA-98-A100 AGREEMENT FOR CASH PAYMENT IN LIEU OF DONATED COMMODITIES (Nutrition Programs for the Elderly) (CFDA #10.570) BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND CITY OF LUBBOCK STATE OF TEXAS COUNTY OF LUBBOCK SECTION 1. This Agreement is made by and between the South Plains Association of Governments pursuant to its authority under Chapter 101, Human Resources Code, Texas Civil Statues, as amended by the 71st Legislature, Regular Session, hereinafter referred to as "SPAG" and City of Lubbock, hereinafter referred to as the "Contractor." SECTION 2. This Agreement is made to provide payment to Contractor of USDA Cash in Lieu of Commodities as provided by 307 (a) (7) of the Older Americans Act of'1965, as amended (42 U.S.C., Section 3001, et. seq.). For purposes of this Agreement ("Regulations") refers to the regulations of the United States'Department of Agriculture thereunder (7 CFR Part 250 and any amendments thereto. SECTION 3. This Agreement shall be effective from October 1, 1997 through September 30, 1998 when executed by both parties and shall continue until terminated, as provided herein. Either party hereto may, by giving at least 30 days written notice, terminate this Agreement: Provided however, that upon receipt of evidence that the terms and conditions of this Agreement and Regulations have not been fully complied with by the Contractor, SPAG may terminate this Agreement immediately by notice in writing to the Contractor. Provided further, that, in the case of noncompliance with the Civil Rights regulations, terminations shall be in accordance with hearing procedures established therefore. Upon any termination of this Agreement, the Contractor agrees to comply ,with the instructions of SPAG either to disburse all cash payments received hereunder remaining in its possession or to return such payment to SPAG. SPAG agrees to perform the following services: A. To the extent that funds are available, to make cash payments to the Contractor pursuant to 250.12 of the Regulations, in a pro rata amount, based on eligible meals served. The Contractor agrees: A. To accept payments provided by SPAG pursuant of 250.12 of the Regulations. B. To establish procedures to ensure that such disbursements are used solely for the purpose of purchasing United States agricultural commodities and other foods of United States origin for use in feeding operations. C. To maintain and retain, for three years from the close of the Federal fiscal year to which they pertain, complete and accurate records of all amounts received. D. To permit representatives of SPAG to inspect, audit, and copy the records referred to in (C) above at any reasonable time. E. To comply with any instructions or procedures issued in connection with the Regulations. F. To assure SPAG that the program of cash disbursements made here- under will be conducted in compliance with all requirements imposed by or pursuant to the Civil Rights Act of 1964 and regulations of the United State Department of Agriculture there- under (7 CFR Part 15), including amendments thereto. 8 WITNESS OUR Hands effective this 12th day of March 1991. -CJIY OF/.LUBBOCW / Signed:_ IYI ZB1LM Windy Sitton Aj;tnoFized�,Bkgfiaturb Title • Mayor Attest: Rayuie Darnell, City Secretary Reviewed by: �\JJ Lupe Ricaldi, Finance Director Approved and accepted on behalf of South Plains Association of Governments ia,� �►•�.��:�.-�-Asa+�a ��.-s� �;��•�. �.� �+ice •»,[�K•c. USDA-98-A100 AGREEMENT FOR CASH PAYMENT IN LIEU OF DONATED COMMODITIES (Nutrition Programs for the Elderly) (CFDA #10.570) BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND CITY OF LUBBOCK STATE OF TEXAS COUNTY OF LUBBOCK SECTION 1. This Agreement is made by and between the South Plains Association of Governments pursuant to its authority under Chapter 101, Human Resources Code, Texas Civil Statues, as amended by the 71st Legislature, Regular Session, hereinafter referred to as "SPAG" and City of Lubbock, hereinafter referred to as the "Contractor." SECTION 2. This Agreement is made to provide payment to Contractor of USDA Cash in Lieu of Commodities as provided by 307 (a) (7) of the Older Americans Act of 1965, a's amended (42 U.S.C., Section 3001, et. seq.). For purposes of this Agreement ("Regulations") refers to the regulations of the United States Department of Agriculture thereunder (7 CFR Part 250 and any amendments thereto. SECTION 3. This Agreement shall be effective from October 1, 1997 through September 30, 1998 when executed by both parties and shall continue until terminated, as provided herein. Either party hereto may, by giving at least 30 days written notice, terminate this Agreement: Provided however, that upon receipt of evidence that the terms and conditions of this Agreement and Regulations have not been fully complied with by the Contractor, SPAG may terminate this Agreement immediately by notice in writing to the Contractor. Provided further, that, in the case of noncompliance with the Civil Rights regulations, terminations shall be in accordance with hearing procedures established therefore. Upon any termination of this Agreement, the Contractor agrees to comply with the instructions of SPAG either to disburse all cash payments received hereunder remaining in its possession or to return such payment to SPAG. SPAG agrees to perform the following services: A. To the extent that funds are available, to make cash payments to the Contractor pursuant to 250.12 of the Regulations, in a pro rata amount, based on eligible meals served. s The Contractor agrees: A . '"c accept ^aer _.. pry . _ded IC _ ..0 pur_ -:.. _2 12 estate_ c:cced'.;res e- ss 're :..at sic ._scursements are iced sole!: fcr the purpose __ p::rc^acing ';nited S_a_es agricul�:ra: co=odities and other foods of United States origin for use in feeding operations. C. To maintain and retain, for three years from t^e close of the Federal fiscal year to which they pertain, complete and accurate records of all amounts received. D. To permit representatives of SPAG to inspec':�, audit, and copy ne records referred to in (C) above at any reasonable T^ comply with any ir.s_r•.:c`=s or crocedures issued in connection with the Regulations. F. To assure STAG that the program of cash disbursements made here- under will be conducted in compliance with a:l requirements imposed by or pursuant to the Civil Rights Act of 1964 and regulations of the United State Department of Agriculture there- under (7 CFR Part 15), including amendments thereto. WITN'-S OUR Hands effective this 12th day of March , 1991. "CCtC Signed: G Windy Sitto_ _ Z d 'S' cJnall'ur'e t!e Mayor Attest:,-� Ka yth a Da ell; City Secretary Reviewed by • ,1;, Lupe Rical'di, Finance -__rector Approved and accepte.: on behalf of ,south P la'-:5 Association of Goverrunents