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HomeMy WebLinkAboutResolution - 071075E - Contract For Performance Of HR Services- Meals On Wheels Inc - 07_10_1975JWF:rmj RESOLUTION 01/b?5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Nb.yor 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 PERFORMANCE OF HUMAN RESOURCES SERVICES to be executed and entered into by and between said City and Lubbock Meals on Wheels, Inc. subject to the approval of the Texas Department of Community Affairs, an agency of the State of Texas, 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 1 Oth ATTEST: day of July 1975. f �►rR7S ROY tASS, MAYOR F I Treva Phillips, Ci Secretary -Treasurer APPROVED AS TO FORM: — Fre-d O, Sbnter, Jr. , Cit3/Attorney CONTRACT FOR PERFORMANCE OF HUMAN RESOURCE SERVICES THE STATE OF TEXAS COUNITY'OF LUBBOCK This contract and agreement is made and entered into by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY" and LUBBOCK MEALS ON WHEELS, INC., hereinafter referred to as "SUB- CONTRACTOR". The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the per- formance and accomplishment of the tasks hereinafter described: SECTION I. PERFORMANCE OF SUB -CONTRACTOR Sub! -Contractor shall, in a complete, and satisfactory manner, super- vise 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. The estimated number of meals to be prepared and delivered Is 5,306 meals, more or less. SECTION II. PERIOD OF PERFORMANCE All performances to be rendered by Sub -Contractor hereunder shall commence June 1, 1975, and shall terminate August $1, 1975, such period being the time period established by a Contract between.the CITY and the Texas Department of Community Affairs. I SECTION III.. METHOD OF PAYMENT Subject to Sub -Contractor's continuing full and satisfactory performance. of the terms of this Contract, CITY shall pay to Sub -Contractor the total sum of ($8, 755.00), based on the delivery of 5, 306 meals at $1.65 per meal, with payment In accordance with such delivery to be made prior to June 30, 1975. In no event shall the total of all payments, liabilities, obligations, or other consideration from and of CITY to Sub -Contractor exceed the total sum of($8, 755.00).. SECTION IV. REPORTING I The Sub -Contractor shall submit such records, information and reports in such form and at such times as may be required by the CITY and the Texas Department of Community Affairs. The reports required of the Sub -Contractor. shall include, but not be limited to, the final report specified by this Section. The final report shall include a detailed description of the expenditure of funds paid to Sub -Contractor under the terms hereof by both object and function on forms to be specified by the CITY and shall include such documen tation as the CITY may require. The final report shall fully and completely disclose all performances rendered by Sub -Contractor under the terms hereof for the period of time covered by such final report. The Sub -Contractor shall submit a final narrative report of all program activities, participants, and expenditure of Contract funds that is due no later than 14 days after the end of the Contract period. SECTION V. AUDIT The Sub -Contractor shall furnish Department with an audit report of an audit conducted 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 Sub -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. SECTION VI. DEPARTMENT MONITORING The Sub -Contractor shall permit the CITY to inspect and shall make available to CITY for inspection any or all pertinent records, files, information or other written material maintained by Sub -Contractor or any person or other entity with whom any portion of the performance hereunder has been subcontracted. .The Sub -Contractor shall permit the CITY free access to all premises under its control or under the control of any person or other entity with whomany portion of the performance hereunder has been subcontracted. SECTION VII. LOCAL GOVERNMENT APPROVAL Sub -Contractor shall obtain the approval of the governing bodies of Lubbock County and S. P. A. G. with respect to the operation of this pro- gram to the maximum extent possible. Sub -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 this program. In no event shall Sub -Contractor 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 Sub -Contractor, 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 VIII. 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 notify- ing the other party hereto in writing of such termination at least thirty (30) days prior to the effective date of such termination. Should neither party exercise their right to terminate, this Contract shall terminate In accor- dance with the provision of Section II. Should either party hereto exercise their right to terminate this Contract prior to August 31, 1975, then the total liability of CITY here- under shall be determined by multiplying the number of meals delivered by the unit price of $1. 65 per meal. The difference between the total liability of CITY so calculated and the actual payments made by CITY to Sub -Contractor hereunder shall be refunded and paid to CITY by Sub - Contractor within 30 days of the effective date of such termination. SECTION IX, h24INTENANCE OF EFFORT The Sub -Contractor agrees that the funds and resources provided the Sub -Contractor under the terms of this Contract will be used solely for -2- expenditures In -payment of the performance requrred of Sub -Contractor by this Contract, and that such funds and resources will in no way be sub- stituted 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, or provided through, the Sub -Contractor had -this Contract notbeen executed. SECTION X. INDEPENDENT CONTRACTOR I It is expressly understood and agreed by both parties hereto that the CITY is contracting with Sub -Contractor as an Independent Contractor and the Sub -Contractor, 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 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 Sub -Contractor under this contract. SECTION XI. AVAILABLE FUNDS'. - It is expressly understood and agreed by the parties hereto that E all performances on the part of CITY are contingent upon and subject to actual receipt by CITY of sufficient and adequate funds andjor other con- _ sideration from the sources contemplated by this Contract outside the CITY to fully perform the obligations and duties of CITY as specified by this Contract. SECTION XII. 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 XIII, COMPLIANCEWITH LOCAL LAYS Sub -Contractor shall comply with all applicable laws, ordinances, codes and regulations of the state, local and federal governments. - SECTION XIV. EQUAL EMPLOYMENT OPPORTUNITY The Sub -Contractor will not discriminate against any employees employed in the- performance of this Contract, or against any applicant seeking employment on the basis of race, sex, color, religion, national origin or creed, Sub -Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during em ployment, without regard to their race, sex, creed,. color, or national origin. This requirement shall apply to, but not be limited to, the follow- ing: employment, upgrading, demotion or transfer; recruitment or re- cruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, SECTION XV, EQUAL OPPORTUNITY Sub -Contractor agrees that no person shall, on the ground of race, sex, creed, color, religion or national origin, be excluded from partici pation in, be denied the proceeds• of, be denied the benefits of, or be' subject to discrimination in the performance of this Contract. SECTION XVI. .'CONFLICT OF INTEREST.. No officer or Employee of CITY and no member of the CITY'S ADVISORY COUNCIL — and no employee of Sub -Contractor, and no member of Sub -Contractor's governing board or body, and no -person who exercises any functions or responsibilities in the review or approval of the under- taking or carrying out of this Contract shall participate in any decision relating to this .Contract which affects his personal pecuniary interest. Sub -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 Contract. Sub -Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. WITNESS OUR HANDS TERS 10th DAY OF July $1975. LUBBOCK MEALS ON WHEELS, INC. ub-Contractor CITY OF LUBBOCK t Roy Bass, Mayor ATTEST; Treva Phillips, Cit Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., • y Attorney Approved and accepted on behalf of the Texas Department of Commu- nity Affairs, an Agency of the State of Texas. Ben F. McDonald, Jr. Executive Director Texas Department of Conanunity Affairs X11