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HomeMy WebLinkAboutResolution - 041075E - Agreement - Dept Of Community Affairs - Human Services Delivery System - 04_10_1975KJ • cab 4= RESOLUTION D1-/1o75E BE I T RESOLVED BY THE CI TY COUNCI L OF THE CI TY OF LUBBOCK THAN the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute an agreement between the CITY OF LU13BOCK and the TEXAS DEPARTMENT OF COMMUNITY AFFAIRS providing for performance of human resource services, 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 loth day of April 1975. ROY BAW6, MAYOR ATTEST: Treva Phillips, Cit Secretary -Treasurer APPROVED AS TO FORM: area u. center, Jr., C;,�,Zy Attorney TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT FOR HUMAN SERVICES DELIVERY SYSTEM STATE OF TEXAS COUNTY OF TRAVIS This' contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as 'Department' and CITY OF LUBBOCK TEXAS hereinafter refereed 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 accomplishment of the tasks hereinafter described: SECTION I. PERFORMANCE OF CONTRACTOR Contractor shall, in a complete and satisfactory manner; design, develop and implement a comprehensive organizational structure capable of the direct delivery and operation of a broad range of human resource services to clients within the geographic area specified in SECTION II of this contract and in accordar;ce wifh the attached 'Work Program,' hereby made a part of this contract, and subject to all other terms, provisions and requirements of this contract. Such comprehensive organizational structure specified above shall be known as a Human Services Delivery System, hereinafter referred to as 'System.' As a further performance specified of Contractor, Contractor shall take appropriate action to procure such resources as may be or become available for human resource services and programs and shall insure that all such resources so procured shall be used for'such services and programs utilizing the organizational structure of System. A minimum of fifteen percent (15%) of the 'total sum' as specified in Section XIII of this contract shall be expended for direct service delivery to clients. It is expressly understood and agreed by the parties hereto that many of the. details and specifics of the performance to be rendered by Contractor have been left to future determination by Contractor subject to the approval of Department in order that flexibility maybe maintained and in order that local constraints and circumstances, unknown or unidentified at present, may be properly addressed in rendering the performance contemplated by this contract. It is further expressly understood and agreed by the parties hereto that the Department shall insure that all performances rendered hereunder are consistent with the implementation of a statewide human resource service delivery system of which System shall become integral part. SECTION II. GEOGRAPHIC COVERAGE The Contractor shall implement System in a manner which assures the organizational capability of System to operate and deliver human, resource services and programs throughout the entire geographic area identified below: Lubbock County only in The South Plains Planning Region (#2). SECTION III. REPORTING The Contractor shall submit such records, information and reports in such form and at such times as may be required by Department. The reports required of Contractor shall include, but not be limited to, the quarterly reports specified by this Section. The quarterly reports shall cover the periods of time and shall be delivered to Department as indicated below: -1- *Months of March, April and May of 1975 due June 15, 1975. *Months of June, July, and August, 1975 due September 15, 1975. *A final financial report shall be delivered to the department no later than November 1, 1975. The quarterly report shall include a detailed description of the expenditure of funds paid to Contractor under the terms hereof by both object and function on forms to be specified by Department and shall include such documentation as Department may require. The quarterly report shall fully and completely disclose all performances rendered by Contractor under the terms hereof for the period of time covered by such quarterly report. The Cbntractor'shall• submit a final narrative report of all programmatic activities, participants, financial data and plans for future use of the System that is due no later than 60 days after the end of the contract period. SECTION IV. AUDIT The Contractor shall furnish Department with an audit report of an audit conducte by an independent certified public accountant or a licensed public 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 Department provided audit reports are furnished. Department which cover the above specified period of time. SECTION V. DEPARTMENT MONITORING • The Contractor shall permit Department to inspect and shall make available to Department for inspection any or all pertinent records, files, information or other written material maintained by Contractor or any person or other entity with whom any portion of the performance hereunder has been subcontracted. The Contractor shall . permit Department free access to all. premises under its control or under the control of any person or other entity with whom any portion of the performance hereunder has been subcontracted. SECTION VI. REQUIRED ORIENTATION The Contractor shall direct the attendance of at least one employee at each orientation session to be condgcted-by Department on Department's premises in Austin, Texas, within the term of this contract. SECTION VII. CONTRACTOR ADVISORY COMMITTEE Contractor shall cause to be established an Advisory Committee consisting of representatives appointed by Contractor and each subcontractor for performances under the terms hereof, Such Advisory Committee shall be for the purpose of advising Contractor in the performance of this contract. SECTION VIII, LOCAL GOVERNMENT. APPROVAL Contractor shall obtain the approval of the governing bodies of local general purpose governments within the geographic area specified in Section II with respect to the operation of human resource programs by System and/or component entities of System to the maximum extent possible. Contractor shall achieve the greatest degree practicable of coordination with and participation of such local general purpose governments in the performance of the terms hereof and in the operations of System and/or component entities thereof. In no event shall Contractor or any subcontractors -2- for performance hereunder or System or any component entity thereof operate a program, deliver a service or otherwise engage in activities within the territorial jurisdiction of any local general purpose government whose governing body has formally requested that such Contractor, subcontractor, System or component :entity cease to operate within the territorial jurisdiction of such local general purpose government; provided that a local general purpose government may not effectuate the removal of services within the territorial jurisdiction of another local general purpose government whose territorial.jurisdiction lies partially or wholly.within the territorial jurisdiction of the larger local general purpose government. SECTION IX., SUBCONTRACTING Contractor shall subcontract for the performances specified herein only where such subcontracts and the subcontractors are expressly specified herein or with the prior written approval of such subcontracts and subcontractors by the Department. Contractor, in subcontracting any of the performances hereunder, shall legally bind subcontractors to perform subject to all the duties, requirements, and obligations specified of Contractor.herein with respect to such performance or any portion thereof. SECTION X. COORDINATION WITH RPCs Contractor shall establish an active and cooperative working relationship with the Regional Planning Commission covering the geographic area specified in Section II, and shall insure that System provides for such a relationship with the Regional Planning Commission. SECTION XI. DEPARTMENTAL CONTROL The Department shall provide guidance and assistance to Contractor in the performance of this contract. The Department shall, from time to time, direct Contractor in the performances rendered hereunder as may be reasonably required to integrate such performances into an effective statewide system for human resource service delivery. The. Department may, from time to time, require modifications, additions, and deletions in the performances to be rendered. under the terms hereof. Contractor shall perform in accordance with any such directions, modifications, additions and/or deletions following notification thereof to Contractor from Department. In any Instance where the terms of Work Program conflict with the other terms .of this Contract, such other terms shall control the performances. hereunder and the terms of Work Program are hereby declared void and of no effect to the extent of such conflict. SECTION XII. PERIOD OF PERFORMANCE All performances to be rendered by Contractor hereunder shall commence April 1, 1975 , and shall terminate August 31, 1975, such period referred to herein as contract period, unless expressly excepted from this contract by some other provision herein. Contractor shall have System completely operational and functioning by June 1, 1975. It is expressly agreed by both parties hereto that TIME IS OF THE ESSENCE. -3- SECTION XIII. METHOD OF PAYMENT Subject to Contractor's continuing full and satisfactory performance of the terms of this contract, Department shall pay to Contractor the total sum of EIGHTEEN THOUSAND THREE HUNDRED FIFTY-FIVE'DOLLARS ($ 18,355.00 ), such amount to be referred to hereafter as 'total sum', as follows: *One-half of total sum within a reasonable time following execution of this contract by both parties hereto. *The balance of total sum on or before .July 15, 1975. In no event shall the total of all payments, liabilities, obligations or other consideration from and of Department to Contractor.. exceed the total sum of EIGHTEEN THOUSAND THREE HUNDRED FIFTY-FIVE DOLLARS ($ 18,355.00 )• SECTION XIV. EARLY TERMINATION Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered under the terms hereof by notifying the other party hereto in writing of such termination at least thirty days prior to the effective date of such termination. Should neither party exercise their right to terminate, this contract shall terminate in accordance with the provision of Section XII. Should either party hereto exercise their right to terminate this contract prior to August 31, 1975, then the total liability of Department hereunder shall be . determined by multiplying the number of days from April 1, 1975. to the effective date of termination (inclusive) by the total sum of this contract and dividing the result by 153. The difference between the total liability of Department so calculated and the actual payments made by Department to Contractor hereunder shall be refunded and paid to Department by Contractor within 30 days of the effective date of such termination. SECTION XV. MAINTENANCE OF EFFORT The Contractor agrees that the funds and resources provided the Contractor under the terms of this contract will be used solely for expenditures in payment of the performance required of. 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, qr provided through, the Contractor had this contract riot been executed. f SECTION XVI. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that Department is contracting with Contractor as an Independent Contractor and that Contractor, as, such, agrees to hold the Department harmless and to indemnify it from and 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 XVII. COPYRIGHT The Contractor will not assert any rights at common law or in equity or establish any claim to statutory copyright in any material or information -4- developed under this contract, but Department shall have the right to use, reproduce, or publish any or all of such information and other materials without the necessity of obtaining any permission from Contractor and without expense or charge. SECTION XVIII. AVAILABLE FUNDS It is expressly understood and agreed by the parties hereto that all performances on the part of Department are contingent upon and subject to actual receipt by Department of sufficient and adequate funds and/or other consideration from the sources contemplated by this contract outside the Department tQ fully perform the obligations and duties of Department as specified by this contract. SECTION XIX. 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 XX. COMPLIANCE WITH LOCAL LAWS Contractor shall comply with all applicable laws, ordinances, codes and regulations of the state, local and federal governments. SECTION XXI. EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employees employed in the performance of this contract, or against any applicant seeking employ- ment 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, creed, color, or national origin. This requirement shall apply to; 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. SECTION XXII. EQUAL OPPORTUNITY Contractor agrees that no person shall, on the ground of race, sex, creed, color, religion or national origin, be excluded from participation in, be denied the proceeds of, be denied the benefits of, or be subject to discrimination in the performance of this contract. SECTION XXIII. CONFLICT OF INTEREST No officer or employee of Department and no member of the Department's Advisory Council, and no employee of Contractor, and no member of Contractor's governing board or body, and no person whoexercises any functions or responsi- bilities in the review or approval of the undertaking or carrying out of this contract shall participate in any decision relating to this contract which affects his personal pecuniary interest. Contractor covenants that he presently has no interest and shall -not 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 -5- contract. Contractor further covenants that in the performance of this contract no person having any such interest shall be employed, WITNESS OUR HANDS THIS First Day of April 1, 1975. Signed: CITY OF LUBBOCK Contractor ATTEST: ROY BASS, MAYOR Treva Phillips, City ecretary-Treasurer APPROVED AS. TO FORM: 1 Cit Attorney, Fre Senter, Jr., Approved and accepted on behalf of the exas Departaf nt of Community Affairs, an Agency of the State of Texas, First Day of April 1, 1975. Ben F. McDonald, Jr. Executive Director Texas Department of Community Affairs This contract is not effective until signed by Executive Director of Department. jApproval recommended: Division Director Deputy Director Legal Counsel Fiscal Director r -6-