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HomeMy WebLinkAboutResolution - 2006-R0052 - Contract Agreement For Emergency Utilities - Luthern Social Services - 01/31/2006l-esolution No. 2006-R0052 January 31, 2006 Item No.1.3 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 an Agreement, by and between the City of Lubbock and Luthern Social Services for the Emergency Utility Assistance Program, and all related documents. Said contract is incorporated in this Resolution and is available for review in the City Secretary's office, as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 3 1 " day of January, 2006. GAL, MAYOR ATTEST: —mac Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Q +1 nS�2� 0,1 Bill Howerton, Jr., Community Develop , nt Director APPROVED AS TO FORM: Amy !�iiny4A-s91'sbty Attorney gs/ccdocs/Agrmnt-Luthem Social Servs-Emergency Utility Assist Prog.res.06 Jan. 26, 2006 of CONTRACT NO. 6744 AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK; TEXAS AND LUTHERAN SOCIAL SERVICES FOR EMERGENCY UTILITY ASSISTANCE WHEREAS, the City Council of the City of Lubbock finds that the recent high cost for utilities, such as natural gas has made it difficult for citizens of the City of Lubbock, Texas on a fixed income, particularly the elderly, to make the necessary payments in order to keep said utilities; and WHEREAS, due to the colder weather, the need for continuous utilities is necessary for the public health safety and welfare of the citizens of the City of Lubbock; and WHERAS, the City Council finds that establishing a program to assist those elderly citizens who have difficulty in paying for certain utilities, such as natural gas, is a public purpose and is necessary for the general health, safety, and welfare for the City of Lubbock; WHEREAS, the City Council finds that Lutheran Social Services has the expertise and ability to administer an Emergency Utility Assistance Program; NOW THEREFORE: l . The Agreement is entered into by the City of Lubbock, Texas (the "City), a Texas home -rule municipality and Lutheran Social Services (the "Contractor"), a non-profit corporation. 2. Contractor will utilize the funds granted herein by the City to administer the City's Emergency Utility Assistance Program (the "Program"). 3. The City agrees to provide funds up to the amount of $15,000.00 for the purposes of the Contractor administering the Program. The City may provide additional funds at its sole discretion and such additional funds shall be governed by the terms of this Agreement. 4. 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 or appropriated to make payment under this contract, City shall notify Contractor in writing within a reasonable time after such fact is determined and City shall terminate this Contract and will not be liable for failure to make payments to Contractor under this Contract. 5. City's financial assistance will be limited and subject to the following: a. The assistance made available through this Contract shall be used by the Contractor solely for the purpose of the Program; b. The assistance shall provide funding for expenses incurred within the operation and scope of the Program; and C. The services provided by the Contractor shall benefit lower -income families residing in the City of Lubbock and whose gross household income does not exceed the United States Department of Housing and Urban Development's Income Guidelines. 6. Contractor agrees to use funds made available through this Contract solely for the purpose of the Program. 7. 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 1 TAC5.141 et seq. and the federal administrative requirements located at 45CFR Part 96. 8. Contractor agrees to carry out the activities under this Contract in compliance with all Federal, State and Local laws and regulations. 9. Communication and details concerning this Contract shall be directed to the following Contract representatives: Joe Rangel City of Lubbock P. O. Box 2000 Lubbock, TX 79457 Joy Loper Lutheran Social Services 1318 Broadway Lubbock, TX 79401 10. 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. 11. Contractor will keep adequate documentation of the design of the program, the implementation of the program, and evaluation of program design. Said documentation shall be made available to the City upon its request. 14. Contractor agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Contract. 15. 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. 16. Indemnity: 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, and City's respective officers, employees, elected officials and agents, 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 ACTIVITIES CONTEMPLATED HEREIN. The indemnity and release provided herein shall survive the termination or voidance of this agreement. 17. Contractor shall provide Worker's Compensation insurance coverage or other coverage approved by the City for all employees involved in the performance of this Contract. 18. Throughout the term of this Contract, the Contractor will maintain liability insurance in the following minimum amounts: Type of Insurance Minimum Liability Commercial General Liability $1,000,000 Limit Property Damage Liability $100,000 Each Occurrence 19. Contractor shall insure recognition of the role of the 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. 20. 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 City Council if required by law. Such amendments shall not invalidate this Contract, nor relieve nor release City or Contractor from its obligations under this Contract. 21. 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. 22. Either party may immediately terminate this Contract at any time by giving written notice to the other party of such termination. In the event of such termination, Contractor shall return any and all unexpended funds that are subject to this Contract. 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. 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. 23. Contractor shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in activities funded under this contract. The systems and procedures shall address possible waste, fraud, and abuse by Contractor, its employees, recipients, vendors, and administrating agencies. Contractor's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by City. 24. Contractor shall give the City complete access to all of its records, employees, and agents for the purposes of any investigation of the funded programs. Contractor shall immediately notify City of any discovery of waste, fraud or abuse. Contractor shall fully cooperate with City's efforts to detect, investigate, and prevent waste, fraud and abuse in the funded program. 25. Contractor may not discriminate against any employee or other person who reports a violation of the terms of this contract or of any law or regulation to the City or to any appropriate law enforcement authority, if the report is made in good faith. 26. Contractor represents that it possesses the practical ability and legal authority to enter in to this contract, receive and manage funds authorized by this contract, and to perform the services Contractor has obligated itself to perform under this contract. 27. The person signing this contract on behalf of Contractor herby warrants that he/she has been authorized by Contractor to execute this contract on behalf of Contractor and to bind Contractor to all terms herein set forth. 28. 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. 29. Contractor shall administer its program in conformance with OMB Circulars A- 122, "Cost Principles for Non -Profit Organizations", or A-21, "Cost Principles for Educational Institutions", as applicable, for all costs incurred whether charged on a direct or indirect basis. 30. Contractor shall maintain all records that are pertinent to the activities to be funded under this Contract. 31. Contractor shall retain all record pertinent to expenditures incurred under this Contractor for a period of five (5) years after the termination of all activities funded under this Contract 32. 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 10`h day of every month. 33. All Contractor records with respect to any matters covered by this Contract shall be made available to City and their designees, at any time during normal business hours, as often as City 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. 34. Contractor agrees to submit to the City invoices for the services and approved costs of this program by the 101h day of each month; and 35. Contractor agrees to submit to the City a monthly activity report in accordance with instructions provided by the State. 36. 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. 37. No person shall on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. 38. 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. 39. 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. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF LUBBOCK Marc McD ugal MAYOR ATTEST: Re cca Garza, City Secretary APPROVED AS TO CONTENT: Bill Howerton, Jr. Community Developmerector APPROVED AS Amy LUTHERAN SOCIAL SERVICES AUTHORIZED REPRESENTATIVE FED. I.D.# � �/— EFFECTIVE THIS 31ST DAY OF JANUARY, 2006.