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HomeMy WebLinkAboutResolution - 092376A - Agreement - Meals On Wheels - 09_23_1976J:lb r f Jj � VV r,. RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock, BE and is hereby authorized directed to execute an Agreement between the CITY OF LUBBOCK and 3BOCK MEALS ON WHEELS, INC., covering delivery of meals under the imunity Services Program, attached herewith which shall be spread upon Minutes of the Council and as spread upon the Minutes of this Council shall stitute and be a part of this Resolution as if fully copied herein in detail. assed by the City Council this 23rd day of September , 1976. ATTEST: t re, Phillips, City ei 9PPROVED AS TO FORM: red O. Senter, Jr. , itY Atto: rer THE STATE OF TEXAS CONTRACT FOR PERFORMANCE OF SERVICES COUNTY OF LUBBOCK This contract and agreement is made and entered into by and between the CITY OF LUBBOCK, TEXAS, acting through its COMMUNITY SERVICES DEPART- MENT, hereinafter referred to as "CITY" and LUBBOCK MEALS ON WHEELS, INC., hereinafter referred to as SUB -CONTRACTOR. The parties hereto have sever- ally 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 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 7,273 meals, more or less. Sub -Contractor shall deliver these meals with volunteers, whose work shall be computed in such manner that an audit shall reveal approximately $4,000.00 of in -kind contribution by volunteers. SECTION 11. PERIOD OF PERFORMANCE All performances to be rendered by Sub -Contractor hereunder shall commence September 1, 1976, and shall continue until the number of meals delivered to the poor shall have met or exceeded the amount stipulated In Section 1. SECTION Ill. METHOD OF PAYMENT Subject to Sub -Contractor's continuing full and satisfactory per- formance of the terms of this Contract, CITY shall pay to Sub -Contractor the total sum of $12,000.00, based on the delivery of 7,273 meals, with payment in accordance with such delivery to be made prior to September 30, 1976. In no event shall the total of all payments, liabilities, obligations, or other considerations from and of CITY to Sub -Contractor exceed the total sum of $12,000.00 SECTION IV. REPORTING The Sub -Contractor shall submit such records, information and reports in such form and at such times as may be required by the CITY. The final report shall include a detailed description of the expendi- tures of funds paid to Sub -Contractor under the terms hereof by both object and function, and shall include full documentation of volunteer services equaling or exceeding the computed amount of $4,000.00. 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 here- under 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 whom any portion of the performance here- under has been subcontracted. SECTION VII. MAINTENANCE 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 expenditures in payment of the performance required 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 not been executed. SECTION Vlll. INDEPENDENT CONTRACTOR 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 IX. AVAILABLE FUNDS. It is expressly understood and agreed by the parties hereto that all performances on the part of CITY are contingent upon and subject to actual receipt by CITY of sufficient and adequate funds and/or 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 X. 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 XI. COMPLIANCE WITH LOCAL LA14S Sub -Contractor shall comply with all applicable laws, ordinances, codes and regulations of the state, local and federal governments. .SECTION XII. 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, with 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 XIII. 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 XIV. 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 of 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. 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 preformed 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 THIS 23rd DAY OF September 1976. LUBBOCK MEALS ON WHEELS, INC. ATTEST: Sub -Contractor's President Secretary, Lubbock Meals on Wheels, Inc. CITY OF LUBBOCK :kss Roy a s, Mayor ATTEST: Treva Phillips, City S cretary-Treasurer APPROVED AS TO FORM: Fred 0. �Seter, Jr., City A