HomeMy WebLinkAboutResolution - 121775B - Food Stamp Outreach. Best Scans Available. - 12_17_1975BE 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 CITY OF LUBBOCK and the SOUTH
PLAINS COMMUNITY ACTION ASSOCIATION, INC., of LEVELLAND,
TEXAS, to provide FOOD STAMP OUTREACH in Lubbock County,
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 17th day of December ,
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ATTEST:
Treva Phillips, ity Secretary -Treasurer
APPROVED AS TO FORM:
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Fred O. Senter, Jr., City Attorney
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Tiic S I ATE OF TEXAS
COtI,jTv� OF L.UBBOC,: f�
CO i WR CT FOR FOOD STA$`0.0UTr �1_J;C,K_
This contract and agreem nt is mild-e and eriter d r:; c:iiCi beltweea rt.!ke
South Plains Cowaiuni'ty Action Association, Inc., �i:'.r�i��f ue=� referred U.-
as Contractor, and the City of Lubbockacting thrt«:�: i its Cc-Mmurfty Services
L.eppart`-ti,en?i., hareinafter referred to as Suljcont-rac�,'xr. T-tt.=_, parti—es 14c ruto
have severally ly and col l ec �Avely agreed aii:i by -Urla hare.ol ar a Lckv7ici
to ti-.e rizutual obligations and to he perforrmnces Of the
La-:;ks hereinafter descri:bed;
SECTION I. PERFORMANCE OF THE SUBCONTRACTOR
Subcontractor shall, in as complete .and sat rs' acLo a rn,:o-, e as pos-
sible, supervise and be responsible for the implereirtation, in the Coety
of Lubbock of a food stamp outreach to provideriaaformatidn abort th food
stamp prograr to low income households trho may ba entitled to bead stagy .
Subcontractor shall contact persons not participatln, in the food Stamp
program for the purpose of (a) informing them of eligihilit f requfre rzetits,
(b) helping then assess their incomes and resources_ as they relate tD eli-
gibility requirements,, (c) referring those persoa&.vNa, want to test their
eligibility to the State departs,;ent of Public Welfare Iocal offices, art".
(d) fulfilling other requirements as stipulated in .the State Departmenrt
of Public Welfare's Food Stamp Outreach Handbook !-,A all re�risiDns or
amendments thereto.
Subcontractor shall employ at least two, qualified persons
as outreach workers to irpl event this plan, and s. ,ill eta ;e. special efforts
to reach the elderly, the disabled, the blind, and UiL- 4omebound. Sorb-
contractor shall maintain a valid referral rate of riot less thaa 7'0a, as
-zAeternined on ;the basis of total number of houseknIds ref erred aril sub-
sequently determined by the State Department of Public 14t,.1fare to be elf,
gibl e, compared to the total number of households referreti;. oa a inn'thly.
basis, each outreach Corker will be expected to r -w a ziirlitaum average'
of four (4) contacts daily. The services of the S h-, c, ,_-actor shall be
provided, in the aggregate, in ,.the. County of Lub ezVt ►6tb spe -,ial :,.ihAs.is
on'the low inco, me areas of the City of Lubbock, tB U et fullest e_Vten`Z
practicable.
SECTION II. PERIOD OF PERFORMANCE.
All performances to . be rendered by Subcontractor -her eufider seal 1
commence on January 2, 1976, or as soon thereafter- as jvssibie, and shall
terminate on February 28, 1977.
SECTION III. METHOD OF PAYMENT.
Contractor shall reimburse Subcontractor for appy-Gred monthly ex-
penditures in accordance with the terms of this contract,: upon receip"':
of a proper and verified statement. Rein, bursement shall be on the Iras.is
of actual monthly expenditures, with administration rat to exceed tern
percent (10%) of total expenditures; in no event shall the total of all
payments, liabilities, obligations or other consideration from and of
Contractor to Subcontractor exceed the finish cjf�jt nF
PKA
re ular y�ratm audit will Gc accepted by th? CvnC�,��c%or provide:u arauiL.
reports are furnishes( the Contractoj which ccvcr tha- above-speci�ied
period of tin..
SECTIOi4 Lf 1 . U.E,.PAIR .1,EN1 1-:0,.V lTU'RI NG
The Subcontractor shall perm -it i::,e Contrf:c ` : ; r n ` , n d s�all
' t(s's' t 0 t 1 t1 C't. .�
v-,akv available to Contractor for li1S�.1 'ii 1G�17 aT� i of all nr-t-Linent records,
files, inforin3t,1011 Ur ot,,,e.r ;•.`ritecn Pater i al mail-,-ttaiF:.-ed by SLibcant-ractor
or any persoh or other ent-itty which lv:holn aiiy port of the perform.-arice
hereunder has been in turn subcontruc4ed by Subcontractor. The Subcon-
tractor shall perni t the Con-trz;:tor fi-ee accesc- to, a.l l prm J s-_s €!rider- its
control or under the control of any person or ct.,,er- c,e':i y Wl4i1 1'rhon an,
portion of, the peffor i-, nce hereunder has been sub cyntr acted.
SECTION VII. LOCAL GOVERNIIMENT COORDINATION
Subcontractor shall achieve the greatest degree practicable 'of.co-
ordination with and participation of such local q`ne al purpose governments
in the performance of the terms hereof and in the operations of this program..
In no event shall Subcontractor operate a program, deliver a service or
otherwise engage in activities within the ternrorial jurisdiction of any
local general purpose government Mhos governing body has formally requested
that such Subcontractor 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 general purpose goverrrnent.
SECTION VIII. EA°LY TER: tINATION_
This contract may be cancelled by mutual consent; hov.ever, if such
mutual consent cannot tap attained, th. and in that event, 'either .k arty
to this contract may consider it to be cancelled by the giving 01 t;tiny
(30) clays notice in v,;ritinr to the other party and this contract shall
thereupon be. cancelled upon the expiration of s«pc.11 thirty (30) day ;per icd_
''...SECTION IX. JIAIMTEMPP NCE OF EFFORT
The Subcontractor agrees that the fuunds and resoources provided ti w
Subcontractor under the terns of this Contract i�azll be used soley for
expenditures in payment of .the performance required of Subcontractor by
this Contract, and that.such funds and resources will in no tray be sub-
stituted for funds and resources from other sources nor in any v,-ay serve
to reduce the resources, services, or other beret its vhich trould ha.re beezi
available to, or provided through, the Subcontractor had this Contract not
been executed.
SECTION X. AVAILABLE FUNDS
It is expressly understood and agreed upon by the parties hereto that
all performances on the part of the Contractor are contingent upon and
subject to actual receipt by the Contractor of sufficient and adequate
funds and/or other consideration from the State Department of Eubl is N,el--
fare to fully perf orii the obligations and duties of Contractor as speci-
fied by this Contract.
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SECTION hIII. EQUAL E€31PLOYMENT OPPORTUNITY
The Subcontractor %•,ill not discriminate against any Employees ertiployed
in the; performance of this Contract, or against any applicant seeking em-
ployment on the basis of race, sex, color, religion, national origin or creed_
Subcontractor will tale affirmative action to insure that applicants arc- emk-
plo_ved, and that eimployees are treated during employraerrt, without rer,+a d .to
their reace, .sex, creed, color, or national origin. This requirer:ent shall
apply to, but not be limited to, the following: employment, upgrad-inn' ,
demotion or transfer; recruitment or recruitment: advertising, layoff or:
termination; rates oE• pay or other forms of compensation; and selection for
training, including apprenticeship.
SECTION XIV. EQUAL OPPORTUNITY
Subcontractor agrees that no person shall, on the ground of race, sex,
creed, color, religion or national origin, be excluded, frog participation-
in, be denied the proceeds of, be denied the benefits of, or be subject to
discrimination in the performance of this. Contract..
SECION XV. RELATIONSHIP TO PRI14E CONTRACT
Subcontractor understands that it is a subcontractor under tiie agree--
ment in primary contract betideen South Plains Cor nuafty Action A.ssa Tat.$.Urr,.
Inc., and the Texas Department of Public Welfare, and, Subcontractor s.pec.i±-
-i"ically agrees to accept and abide byr all tents and 'conditions, igpdrs,ed ftm
subcontractors under that primary contract, a copy of which is attached
,,,hereto and incorporate by reference herein.
For the faithful performance of the terms of this Contract,, the par
ties hereto in their capacities as stated, affix their signatures and
bind themselves effective the day of December, 1975, and dontlnw
uing indefinitely subject to the availability of appropriated funds.
WITNESS OUR HANDS .THIS DAY OF DECEMBER, 1915..
CITY OF LUBBOCK
BY -
bast, Mayor
SOUTH PLAINS COMMUNITY ACTION ASSOCIATION, MC -
BY
Howard Maddera, Executive Director
ATTEST:
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO PRM:-
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STATE OF TEXAS
FOOD STAMP OUTREACH CONTRACT
COUNTY OF TRAVIS
The State Department of Public Idel i=are, hereinafter referred to as
the Department, and the South Plaits Comimunity Action Association, Inc.,
hereinafter referred to as the Contractor, do hereby make and enter into
this contract for;the purposes expressed herein.
The parties hereto mutually agree:
A. The scope and coverage of the services to be provided by the Con-
tractor and/or subcontract agencies under this contract-, and the personnel
plan and budget for these services, as ttell as such other components -as may
be necessary, are described and included in the attached Plan of Operation,
hereinafter referred to as the Plan. Such Plan has been submitted by the
Contractor and approved by the Depar-tt-ent, and is hereby incorporated in
this contract in its entirety by specific reference. The Plan will be"main-
tained on file with the Department: as a part of this contract. Any change,
modification or amendment thereto, or renewal thereof, must be made with
the prior written approval of the Department except as otherwise provided
in this contract "and any such change, modif ication "or amendment ta, or re-
newal of, such Plan is not effective until approved" by the Department.
Such original' Plan together with any approved amendments as maintained on
file by the Department will be considered to be the controlling instruments
in case any disput-e arises relative to the wording of any portion of such.
Plan or amendment thereto.
B. The basis for payment for services rendered under this contract
is indicated in. -,the attached plan: Stich basis will be expenditures made
within the budget, which has been submitted by the Contractor and approved
by the Department. The Plan including the basis for payment, will .be per-
iodically reviewed, and reviewed'in its entirety at least once annually."
In no case will the Department be obligated to pay in excess of the Con-
tractor's actual cost.
Should it be determined, by the Department as a result of periodic review(s)
:..and/or audit(s), that an overpayment has occurred; such overpayment shall
be refunded by the Contractor to the Department. Any amendr,ient to, or re-
newal of, a budget and/or basis for payment will be treated as an amendment
to the Plan and issubject to Departmental approval. Shifts bett,teen line
items of a budget: will be allowed without prior approval if such transfers
do not result in a cumulative increase or, decrease in -any budget item of
more than One Thousand Dollars ($1,000) (or a prorated portion of such
amount in cases where the tern is for less than one year) or one percent
(3l) of the total budget, whichever is greater. Such shifts must be de-
scribed and reported promptly by letter. Funds will not be available in
excess of the total approved amount of the budget as .originally approved
or subsequently amended. Prior written approval must be secured:
1. When a transfer between items of more than the above designated amount
is involved; lack of prior approval in these instances will be grounds
for refusal of the payment of the item or items involved.
2. When a transfer, regardless of the amount, would result in a significant
chancre in th! charartar nr, crnna ,47 3-1,,,
1 72 , V � .
Pl� LP
granted to representatives of the United States Department of Agriculture
and/or the Department when it is deemed necessary by the Department for
purposes of inspection, monitoring, auditing or evaluating said materials.
D. This contract is subject to the availability of state and/or fed-
eral funds and if such funds become unavailable, or if the total amount of
funds allocated hereunder" should become depleted during an, budget period
and the Department is unable to obtain additional funds for such purposes,
then this contract will be terminated.
In the event that the Contractor fails to provide services in accordance
t,ith the approved Plan and in accordance t•,ith the provisions of this con --
tract,. the Department may, upon written notice of default to the Contractor,
terminate the whole or any part of this contract, and such termination shall
not be an exclusive remedy but shall be in addition to any other rights and
remedies provided by last or under this contract.
Furthermore, in theevent that federal or -state laws or other requirements
should be amended or judicially interpreted so as to render continued ful-
fillment of this contract, on the part of either party, substantially un-
reasonable or impossible, or if the parties should be unable to agree upon
any amendment• which wsould therefore be needed to enable the substantial
continuation of the services contemplated herein, then, and in that. event,
the parties shall be discharged from any further obligations created under
the terms of this contract, except for the equitable settlement of the re-
spective accrued interests or obligations incurred up to the date of term-
ination.
E. This contract may be cancelled by mutual consent; hov,ever, if such
mutual consent cannot be attained, then and in that event, either party to
this contract may consider it to be cancelled by the giving of thirty (30)
days notice in writing to the other party and this contract shall -thereupon
be cancelled upon the expiration of such thirty (30) day period.
II.
The Contractor agrees to, and will require its subcontractors, to
agree to:
A. Make contact with persons not participating in the food statnp.pro-
gram for the purpose,of (a) informing them of eligibility requirements,
(b) helping them assess their income and resources as they relate to eligi-
bility requirements, (c) referring those persons who viant to test their
eligibility to the department local officies, and (d) other, requirements
as stipulated in the Department's Food Stamp Outreach Handbook and in all
revisions or amendments thereto. Special efforts will be made to reach the
..elderly, disabled, blind, and homebound. The Contractor will be expected
to maintain a valid referral rate of not less than 70%, as determined on
the basis of total number of households referred and subsequently deter-
mined by the Department to be eligible compared to the total nurnber of
households referred; on a monthly basis, each outreach worker will be ex-
pected to make a minimum average of four (4) contacts daily. The services
provided by the Contractor, in the aggregate, should be made available
throughout the geographic area of the respective conmunity action agency's
planning region to the fullest extent practicable. Such services will be
provided in accordance with the aforementioned Plan and all applicable laws,
rules, regulations and directives, and the Department shall have the right
to monitor the Contractor's performance hereunder.
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E. Observe regulations as specified by the Department of Public
W'eI are as they related to particular prograrts 'in providing the services
contemplated under this contract.
F. Comply with appropriate state requirements and with such standards
as may be prescribed by the Secretary of the United -States Department of
Agriculture.'
G. Furnish the Department t:,ith various monthly statistical reports as
requires; by the Department- in the format prescribed by the. Department.
H. Make available at reasonable times and for reasonable periods
those books and supporting documents kept current by the Contractor and
its subcontractors pertaining to these services for purposes of inspection,
monitoring, auditing or evaluating by Department personnel or their repre-
sentatives.
I. Participate fully in any evaluation study of this program author-
ized by the Department.
J. Comply with Department rules and regulations pertaining to hear-
ings concerning recipients of services and abide by the decisions rendered
by the Department in such hearings.
K. Comply with the Federal Civil Rights Act of 13CF, as amended, and
TEX. REV' CZV. STAT. ANN. art. 6252-16, as amended, including but not limited
to, giving equal opportunity both to those seeking employment and those
seeking services without regard to race, color, religion, sex or national
origin.
L. Establish a method to secure the confidentiality of records reTat--
ing to clients in accordance with the applicable federal law, rules and
regulations, as well as the applicable state law and. regulations.
M. Assume responsibility for the protection, at all times, of all
physical property and equipment used at the facility or facilities being
maintained to carry out the Application and take appropriate measures to
insure meeting this obligation. The Contractor must furnish the. Depart-
ment with a written factual report of the theft of, or damage to, any
equipment which was purchased under this contract, including the circum-
stances concerning such loss and, in the event of any theft, vandalism,
or other offense against said property, must notify appropriate local law
enforcement authorities.
N. Permanently identify all equipment purchased under this contract
by appropriate tags or labels affixed thereto and maintain a current in-
ventory of such equipment which will be available to the Department at
all times upon request.
Q. Dispose of any equipment bought under this contract with funds
allocated to the Contractor or its subcontractors in keeping with the
federal laws, audit requirements, rules or regulations, as well as any
state laws, rules or regulations, if this contract is terminated for
any reason.
P. Maintain and retain case information concerning those individuals
and families who received services and supporting fiscal documents adequate
to assure that claims for federal matching funds are -in accord with appli-
rahiP fariarnl Cl. .
M.
The Department agrees to:
A. Reimburse the Contractor for the approved monthly expenditures for
each service which has been rendered on a budget basis in accordance with
the terms of this contract and its attached plan, upon receipt of a proper
and verified statement after deducting therefrom all payments for services
made by or on behalf -of -any recipient and/or any previous overpayment made
by the Department.
B. Recognize;the.fiscal policies and procedures of the Contractor and
its subcontractors, except where they are in conflict with generally ac-
cepted accounting procedures or federal and state laws, policies, rules
and regulations.
C. Perform such evaluation studies that the Department determines to
be necessary and._r.eport to the appropriate officers of the Contractor and
its subcontractors;-the.prelininary results of the study before the evalua-
tion is concluded and the findings made a matter of record.
For the faithful performance of the terms of this contract.,, the
parties hereto in their capacities as stated, affix their siana-
tures and bind themselves effective the day of December,
1975, and continuing indefinitely subject to the. availability of
appropriated funds.
STATE DEPARTMENT OF PUBLIC WELFARE
BY
Raymond Vowell, Commissioner
SOUTH PLAINS COMMUNITY ACTIOR ASSOC. INC.
Howard Maddera, Executive Director