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HomeMy WebLinkAboutResolution - 2004-R0570 - Contract Agreement For Aging And Disability Services Funds - SPAG - 12_07_2004Resolution No. 2004-RO570 December 7, 2004 Item No. 20 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 a Contract with the South Plains Association of Governments (SPAG) for pass through funds from the Texas Department of Aging and Disability Services and any associated documents, a copy of which Contract is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 7th ATTEST: Rebe ca Garza, City Secretary _ day of December , 2004. APPROVED �L AS TO ONTENT: C�1 Corbin Pemberton, Parks and Recreation Director APPROVED AS TO FORM: M. Knight, AjpMant Cify Attorney as/CityAtt/John/Resolutions/SPAG.TXDEPT of Aging2004.res November 16, 2004 Resolution No. 2004-RO570 December 7, 2004 Item No. 20 CONTRACT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § CERTIFICATION AND EXECUTION The parties signatory hereto on behalf of SPAG and on behalf of the CONTRACTOR do hereby individually certify that each is authorized to execute this agreement on behalf of his/her respective organization. Executed in triplicate this 7th day of December , 2004. CONTRACTOR ATTEST: &Le-c c a Garza BY: XZ City Secretary CONTRACTOR SIGNATURE Marc --Mc o ga ,Mayor Taxpayer ID# 175600 906 Sufficient funds are available or have been obligated to South Plains Association of Governments to pay the amounts specified by this contract. ' q SPAG Director of Finance Date Approved apd accepted e{i behalf of y 6uth Plains Association of Governments Jerry D.)Casstevgbs,' Executive Director Approved as to For 1 City Attor y This contract is entered into on the 1st of October 2004, by and between SOUTH PLAINS ASSOCIATION OF GOVERNMENTS (hereinafter referred to as "SPAG") and CITY OF LUBBOCK, Taxpayer Identification Number 17560005906 (hereinafter referred to as "CONTRACTOR"). WHEREAS, SPAG, as the designated Area Agency on Aging for planning and service area number 2, desires to provide certain services for senior citizens, including, but not limited to transportation services, senior center activities, advocacy, and nutrition services, (hereafter "services"), such "services" to be set out with particularity below and on the attachments affixed hereto; WHEREAS, CONTRACTOR desires to provide certain of such "services" pursuant to the terms and conditions set out below; WHEREAS, SPAG desires CONTRACTOR to provide such "services" pursuant to the terms and conditions set out below; WHEREAS, CONTRACTOR submitted a proposal to SPAG whereby CONTRACTOR proposes to provide such "services" as set out in said proposal; WHEREAS, prior to submitting such proposal referenced above, CONTRACTOR has reviewed a proposal packet provided by SPAG, included in such packet is a "Manual of Procedures" identifying terms, definitions, and applicable guidelines pertaining to this agreement and referenced in this agreement; WHEREAS, CONTRACTOR understands and acknowledges that such proposal packet and all procedures set forth therein are incorporated into this agreement by reference for all purposes; WHEREAS, CONTRACTOR understands and acknowledges that CONTRACTOR'S proposal is incorporated into this agreement for all purposes; WHEREAS, CONTRACTOR understands and acknowledges that SPAG's ability to fund this contract is based solely upon a commitment from the Texas Department of Aging and Disability Services to provide funds to SPAG for such "services"; NOW THEREFORE in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 2 1. CONTRACT AMOUNT The sum total of Federal and State monies obligated by SPAG to the CONTRACTOR under this contract shall not exceed one hundred twelve thousand one dollars and ninety two cents ($112,001.92) for performance of the "services" set out below and more specifically delineated on the appropriate attachment referenced below. The amount designated for performance of each "service," if more than one service is provided, is also set out below on the appropriate attachment referenced below. SPAG REIMBURSEMENT AMOUNT PER UNIT ATTACHMENTS 2. 3. $104,999.72 4.69 ATTACHMENT A $ ATTACHMENT B $ ATTACHMENT C $ 7,002.20 6.87 ATTACHMENT D $ ATTACHMENT E MATCH REQUIREMENT SERVICES CONGREGATE MEALS HOME DELIVERED MEALS RECREATION TRANSPORTATION BENEFITS COUNSELING The CONTRACTOR agrees to provide, as a supplement to the project, local cash or in - kind of least $11,078.98. For those CONTRACTORS who generate more Program Income than required, the additional local match must be reported to SPAG on prescribed request for payment forms. (See PART II GENERAL CONDITIONS, #6 for. definition of program income.) Match shall conform to Older Americans Act, Administration of Grants, Title 45 Part 74, and Texas Department of Aging and Disability Services standards as published in the Texas Administrative Code (TAC). CONTRACT PERIOD This agreement will become binding on the date of the signature by both parties. Not withstanding this date, the term of the agreement will begin on October 1, 2004 and end on September 30, 2005. This term may be extended upon written request by the CONTRACTOR and approval in writing by SPAG and the Texas Department of Aging and Disability Services. This contract, upon being fully executed, shall supersede any Intent to Contract covering the term of this contract. 3 4. NOTICE Any and all notices required in or by this contract shall be addressed as follows: a. If notice is to be sent to SPAG: SOUTH PLAINS ASSOCIATION OF GOVERNMENTS P.O. BOX 3730 FREEDOM STATION LUBBOCK, TEXAS 79452 b. If notice is to be sent to CONTRACTOR: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 79457 5. PAYMENT Any and all payments for this contract are to be made payable to: CITY OF LUBBOCK 6. FINANCIAL AND PROGRAM RECORDS Financial and program records required under this contract will be maintained at the following location: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 79457 7. NON-PROFIT ORGANIZATION FINANCIAL RESPONSIBILITY It is understood that in the event any financial liability accrues to SPAG as a result of non-payment of goods or services provided under this contract, etc., SPAG will seek repayment from the CONTRACTOR. In the event the CONTRACTOR is unable to satisfy such liability then SPAG may elect to seek repayment from the members of the CONTRACTOR's governing body. 4 PART II GENERAL CONDITIONS 1. AUTHORITY Resolution No. 200440570 December 7, 2004 Item No. 20 The authority on which this contract is based derives from P.L. 100-175, the Older Americans Act of 1965, as amended, and its regulations; HHS regulations on Administration of Grants, Title 45 C.F.R. Part 74; Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans; Title 28 C.F.R. Part 35, pertaining to The Americans with Disabilities Act; Title VI of the Civil Rights Act of 1964; Section 504, Rehabilitation Act of 1973, as amended; Age Discrimination in Employment Act of 1967; the Clean Air Act; the Clean Water Act; the Contract Work Hours and Safety Standards Act; regulations pursuant to the Rehabilitation Act Amendments of 1974; the Historic Preservation Act of 1974; the Flood Control Act; the Housing and Urban Development Act of 1974; and all Texas Department of Aging and Disability Services policies, and rules as published in the Texas Register under Chapter 254, et seq. (Title 40, Part IX, Texas Administrative Code); and, with all state and local laws as pertains to this contract and its attachments. 2. SPAG FUNDING OBLIGATIONS In consideration of full and satisfactory performance of activities described in this contract, SPAG shall be liable to CONTRACTOR for a pre -determined unit cost per - eligible service incurred by the CONTRACTOR, within the period of this contract, not to exceed total contracted amount. a. It is expressly understood by the CONTRACTOR that the ability and obligation of SPAG to fund this contract is based solely on a commitment to SPAG from the Texas Department of Aging and Disability Services to provide funds. The CONTRACTOR shall have no claim, under terms of this contract, on any funds from SPAG other than these. b. The CONTRACTOR understands that it must have sufficient financial solvency to sustain said contract performance until adequate funds are received by SPAG from the Texas Department of Aging and Disability Services to reimburse said CONTRACTOR. s 1 OPERATING BUDGET This contract and the project operated hereunder by the CONTRACTOR shall be governed by units of service as defined in Part IV - Special Conditions. a. Unit rates are at an "at risk" contract. "At risk" means CONTRACTOR is responsible for delivering service units at the unit rate contracted with SPAG. If the cost per unit rate increases during the terms of this contract CONTRACTOR will be responsible for other resources than Title III to cover the difference. b. Adjustments to unit rate reimbursement will be considered only in instances where the CONTRACTOR suffers operation losses due to events over which they have no control, or reasonably could not have anticipated. C. Unit rates will not be adjusted to offset poor management planning, which includes hiring additional employees, increases in salaries, supplies and other costs. Unit rates will not be adjusted because service unit counts have dropped. 4. PAYMENT METHODOLOGY SPAG has no obligation to remit funds under the terms of this contract until CONTRACTOR has provided the service and the requested reimbursement pursuant to the appropriate administrative procedure set out below. In the absence of written agreement to the contrary, funds will be remitted by SPAG to the CONTRACTOR on a reimbursement basis for a pre -determined unit amount subject to the appropriate administrative procedures and contingent upon receipt of funds by SPAG from the Texas Department of Aging and Disability Services. CONTRACTOR shall submit reports of eligible units of service to SPAG on a monthly basis. Payment of funds to the CONTRACTOR by SPAG under the terms of this contract shall be subject to the following procedures and conditions: a. On or before the 2nd working day of the month the CONTRACTOR will request, in a form prescribed by SPAG, reimbursement for eligible units of service during the previous month. b. CONTRACTOR requests for reimbursement will be supported by auditable records kept on file by the CONTRACTOR, and these 6 records will be available for inspection on request by SPAG and/or the Texas Department of Aging and Disability Services at all reasonable times. C. SPAG will reimburse the CONTRACTOR within 30 days of receipt of a proper request form, contingent upon receipt by SPAG of funds authorized for this purpose from the Texas Department of Aging and Disability Services. d. The CONTRACTOR will report to SPAG by the 2nd working day of the month if no CONTRACTOR units of service were incurred during the previous month, under the terms of this contract. e. Final requests for payment,' whether at completion of the contract period or in the event of early contract termination, must be submitted by the CONTRACTOR to SPAG within five (5) working days of the final contract effective date. SPAG cannot guarantee payment of reimbursement requests received more than five (5) working days after the contract completion date. 5. SUBCONTRACTING FUNDS None of the funds provided to the CONTRACTOR by SPAG under the terms of this contract may be subcontracted or passed through by the CONTRACTOR to another agency for the provision of services described herein without the express written approval of SPAG. 6. PROGRAM INCOME CONTRACTOR shall use all program income collected- to further eligible program objectives. Program income that exceeds amounts used to meet program expenses shall be spent to achieve or expand the goals of this contract. a. Program Income MUST be used to meet program expenses. b. Program Income insufficient to meet program expenses shall be supplemented either by other local cash or by documented in -kind contributions of goods and/or service. (1) Program Income includes but is not limited to cash income from fees for services performed, from usage or rental fees, from the sale of goods, from meal contributions, or from donations. (2) Program Income from meal contributions shall be used in such manner as to increase the number of meals served by the project. (3) Program income received as contributions will be accounted for daily by at least two persons. (4) Program Income MUST BE REPORTED TO SPAG on a monthly basis and must be budgeted. C. In -Kind contributions means property or services provided to CONTRACTOR by Non -Federal third parties without charge to CONTRACTOR or SPAG which are: (1) identifiable from CONTRACTOR's records, (2) not included as contributions for any other state or federally assisted program, and (3) adequately documented as to nature, source, and value. d. Local Cash contributions means CONTRACTOR'S cash outlay of money contributed to the CONTRACTOR'S by other public agencies and institutions, and private organizations and individuals. Funds generated through sources other than federal funding support. (1) all local cash which has been applied toward the cash outlay of meeting program expenses must be reported on a monthly basis. 7. REPORTS AND RECORDS In addition to the submission of required financial reports, the CONTRACTOR agrees: a. To retain auditable accounts and records required under this contract for a period of five (5) years following expiration of this contract. b. To submit to SPAG other information regarding project operations as may be necessary from time to time. Such information as may be 8 required will be submitted by the CONTRACTOR in a form prescribed by SPAG. 8. PROPERTY The CONTRACTOR shall maintain records of all property purchased under terms of this contract. All non -expendable property having an acquisition cost of $1,000 or more and having normal life expectancy of one year or more, purchased under terms of this contract, shall revert to SPAG and shall be delivered by the CONTRACTOR to SPAG in the event that services described herein are terminated either during or subsequent to the contract period. a. The CONTRACTOR shall maintain a written inventory of all non - expendable property purchased under the terms of this contract. b. The CONTRACTOR shall exercise reasonable and prudent judgment in assuring the maintenance, security, and authorized use of property purchased under terms of this contract. C. If this contract is terminated, as provided below, SPAG may require the CONTRACTOR to transfer title and deliver to the Texas Department of Aging and Disability Services or another authorized CONTRACTOR any property acquired by Federal or State funds or assigned to the CONTRACTOR by SPAG for the purposes of this contract. 9. Independent Audit A CONTRACTOR receiving more than $500,000 in federal or state funding from all sources will provide an audit in accordance with the standards for financial and compliance audits contained in the Standards for Audit of Governmental Organizations, Programs, Activities and Functions, issued by the U.S. General Accounting Office; the Single Audit Act of 1984, including all updates and revisions; the provisions of OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations, as applicable, and the Uniform Grant Management Standards. (1) The CONTRACTOR shall provide and furnish the AAA an annual audit by an independent certified public accounting firm in accordance with OMB Circular A- 133 within 30 calendar days following receipt of such audit, but in no case more than 9 months following the end of the contractor's fiscal year end. (2) The CONTRACTOR shall ensure that the audit covers the entire organization and be conducted in accordance with generally accepted auditing standards. Additionally, audits shall be conducted in accordance with audit guidelines 9 promulgated by the AAA, or the Single Audit Manager's Forum (SAMF) or other authoritative source with prior written approval from the AAA. (3) The CONTRACTOR, if a non -state entity, shall provide and furnish the AAA a state single audit when the entity expends $500,000 or more in state awards in a fiscal year. If a single audit is required, ensuring that the audit report: i) be conducted by independent certified public accountant ii) has a Single Audit section iii) within the Single Audit section, has Schedule for Federal Financial Assistance that includes property surplus property and its acquisition cost; and iv) references the Catalog of Federal Domestic Assistance No. 30003. The CONTRACTOR understands and agrees that the CONTRACTOR shall be liable to SPAG for any costs disallowed as a result of unresolved costs revealed during the audit. The CONTRACTOR acknowledges and understands the above information CONTRACTOR requires an Independent Audit X Tres No City of Lubbock Contractor's Name 19 December 7, 2004 Date 10. SUSPENSION OR TERMINATION actor's Signature c ougal, Mayor A TEST: Re ecca Garza City Secretary In the event project monitoring/evaluation activities by SPAG or its agents, or by the Texas Department of Aging and Disability Services or its agents, disclose serious deficiencies in the operation of a project supported under provisions of this contract, SPAG may elect to suspend or terminate this contract upon fifteen (15) days. written notice from SPAG fo the CONTRACTOR. The CONTRACTOR, upon notification of such suspension or termination, shall have the right to appeal such suspension or termination to the SPAG Advisory Council on Aging or the SPAG Board of Directors no later than fifteen (15) days of receipt of notice of suspension or termination. This contract may be terminated upon the occurrence of any of the following events: a. Discontinuance by the CONTRACTOR of project as described herein; or b. Discontinuance of funding to SPAG from the Texas Department of Aging and Disability Services; or Approved as to Form 10 ity Attor C. Failure of the CONTRACTOR to comply with any or all of the terms and conditions of this agreement and any attachments thereto; or d. Mutual agreement between SPAG and the CONTRACTOR; or e. Discovered or disclosed deficiencies in the operation of a project supported under the provisions of this contract. In the event of termination, final billings for units of services delivered pursuant to the contract will be submitted to SPAG within fifteen (15) calendar days from date of termination by the CONTRACTOR, but it is understood that no units delivered after the termination date will be reimbursed. SPAG may require the CONTRACTOR to transfer Title and deliver to SPAG or to another authorized CONTRACTOR any property acquired by Federal funds or assigned to the CONTRACTOR by SPAG for the purpose of this CONTRACTOR. 11. RECAPTURE OF PAYMENT If the CONTRACTOR has failed to comply with the terms of this contract, which governs the use of monies appropriated under this contract, SPAG may take appropriate action including the recapture of payment and/or withholding of funds. SPAG will assess CONTRACTOR quarterly to determine if obligated units of service are being provided in accordance to contracted agreement. If CONTRACTOR fails to meet or exceed obligated units of service, at the time of assessment, SPAG may re -adjust contract by deobligating Title III funds appropriated for service. This deobligation of funds will in no way effect the "at risk" unit rate of services. 12. SANCTIONS AND PENALTIES Sanctions and penalties may be imposed to SPAG for failure to comply with Chapter 254, Title 40, Part IX of the Texas Administrative Code. Financial penalties incurred by SPAG due to CONTRACTOR causing SPAG's failure to comply with 40 TAC Section 254.13 will result in CONTRACTOR reimbursing SPAG for such penalties. CONTRACTOR will reimburse SPAG for such financial penalties from local, non - match money. Appeals procedures relating to sanctions and penalties will be administered in accordance to 40 TAC Section 254.15. 11 13. LIMITATION OF LIABILITY Notwithstanding any of the provisions of this agreement, each party named herein agrees to indemnify the other party from any and all claims, demands, expenses or causes of action that could be or might be assessed against the other party by any third party which may or shall arise from a parry's conduct or performance pursuant to the terms of this agreement. It is the intention of each party, both expressed and implied, that each party shall be solely responsible for its own actions. 14. CODE OF CONDUCT CONTRACTOR shall maintain a written code or standards of conduct which shall govern the performance of their officers, employees, or agents engaged in the award and administration of this contract supported by Federal funds if such a conflict of interest, real or apparent, would be involved. 15. POLITICAL ACTIVITY; LOBBYING No funds provided under this Agreement may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with State or local legislators. The CONTRACTOR, if a recipient of Federal assistance exceeding $100,000 through SPAG will comply with section 319, Public Law 101-121 (31 U.S.C. 1352). 16. DRUG FREE WORKPLACE POLICY CONTRACTOR shall develop a written drug and alcohol -free workplace policy which will help ensure a safe and productive workplace. 17. SECTARIAN INVOLVEMENT ]PROHIBITED CONTRACTOR shall ensure that no funds under this contract are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. 18. RIGHT TO APPEAL Any service provider or applicant to provide services whose application is denied or whose contract is terminated or not renewed (except as provided in 45 C.F.R. Part 74, Subpart 1V1) has a right to appeal such action. Provider or Applicant must give notice of appeal to SPAG and the Texas Department of Aging and Disability Services within 30 days after it receives SPAG's action letter. Appeals will go before the SPAG Advisory 12 Council on Aging and the Advisory Council on Aging Review Committee for further review. If reversal of action is denied, provider or applicant may appeal to the SPAG Board of Directors. Appeals Procedures published by the Texas Department of Aging and Disability Services, 40 TAC, 254.17 et.seq. will be used as the appeals process. 19. ORAL AND WRITTEN AGREEMENT All oral or written agreements made prior to this contract have been reduced to writing and are contained herein by the execution of this contract including any proposals submitted by CONTRACTOR. CONTRACTOR evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties agree that SPAG shall not be liable for any costs incurred by CONTRACTOR except to the extent provided in this contract. When 45 C.F.R., or its appendices, provide that a cost is allowable only when authorized in writing, prior written approval from SPAG must be obtained. 13 Resolution No. 2004-RO570 December 7, 2004 Item No. 20 PART III ASSURANCES The CONTRACTOR shall maintain proper documentation to substantiate all of the assurance items set out below. Such documentation will be subject to SPAG review for adequacy and completeness. Failure to maintain the following documentation shall be grounds for termination of this contract pursuant to the provisions of paragraph 10 above. 1. Compliance with Requirements The CONTRACTOR agrees to administer the program in accordance with the Older Americans Act, and all applicable regulations, the policies and procedures established by SPAG, minimum standards as set by the State Unit on Aging, the Commissioner on Aging and the Secretary of Health and Human Services. 2. Efficient Administration The CONTRACTOR shall utilize such methods of administration as are necessary for the proper and efficient administration of the contract and which assure avoidance of conflict of interest, both financial and by nepotism. 3. General Administrative and Fiscal Requirements The CONTRACTOR shall adhere to administrative and cost principles which are in compliance with relevant provisions of 45 C.F.R. Part 74 except where these provisions are superseded by statute. 4. Management of Funds The CONTRACTOR shall maintain sufficient fiscal control and accounting procedures to assure proper disbursement of and accounting for Federal and Non -Federal funds under this contract. 5. Safeguarding Confidential Information The CONTRACTOR shall implement such regulations, standards and procedures as are necessary to safeguard confidential information under relevant program regulations. 14 6. Reporting Requirements The CONTRACTOR shall furnish such reports to SPAG as may be specified to maintain its reports and files in compliance with 45 C.F.R. Part 74 and to make its reports and files available to auditing entities as specified by 45 C.F.R. Part 74, 7. Standards for Fire, Health, Safety, Sanitation and Other Standards Providers of services under this contract shall operate fully in conformance with all Federal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. The CONTRACTOR assures that where the state or local jurisdictions require licensure for the provision of services, agencies providing such services shall be licensed. 8. Insurance Coveraze CONTRACTOR will maintain fire and casualty, worker's compensation, fidelity bond, and general liability insurance or self-insurance. 9. Participant Grievances CONTRACTOR will establish written procedures through which participants can communicate aspects of the service which impact negatively upon them. 10. Equal Employment Opportunity/Non-Discrimination/Civil Rights The CONTRACTOR shall incorporate in its written personnel policies and procedures a plan for equal employment opportunity including provisions for disabled veterans and handicapped individuals. The CONTRACTOR shall provide that each program activity, when viewed in its entirety is readily accessible to and usable by handicapped persons as provided for in Section 504 of the Rehabilitation Act of 1974, as amended. When structural changes are required, these changes shall be in keeping with 45 C.F.R. Part 74, and the Americans with Disabilities Act, 28 C.F.R. Part 35. The CONTRACTOR shall ensure that benefits and services available under the contract are provided in a non-discriminatory manner as required by Title VI of the Civil Rights Act of 1964, as amended. 15 11. Outreach Efforts The CONTRACTOR shall ensure that outreach efforts identify individuals eligible for assistance and inform them of available services under the Older Americans Act, with special emphasis on rural elderly, older individuals who have greatest economic need (with particular attention to low-income minority individuals), older individuals who have greatest social need (with particular attention to low income minority individuals), older individuals with severe disabilities, and older individuals with limited English speaking ability, and inform such individuals of the availability of such assistance. 12. Client Satisfaction Survey The CONTRACTOR shall ensure that participants have the opportunity to complete client satisfaction surveys on services provided. 13. Managing Property Purchased with Federal Funds The CONTRACTOR shall maintain a property control system ensuring adequate safeguards for property purchased under terms of this contract. 14. Training and Coordination Requirements a. The CONTRACTOR shall participate in training as provided by SPAG. b. The CONTRACTOR shall coordinate its service/s with other service providers in the region. C. The CONTRACTOR shall plan, identify, and assess the needs and services for older individuals with disabilities, and where appropriate, develop collaborative programs. 15. Contributions for Services The CONTRACTOR shall provide voluntary opportunity for eligible participants to contribute to the cost of services while protecting the individual's privacy. The CONTRACTOR shall safeguard and account for such contributions, and use such contributions to expand services. The CONTRACTOR may post a suggested contribution schedule based on income ranges of eligible participants in the community. Services shall not be denied because the eligible participant will not or cannot contribute. 16 16. Maintenance of Non -Federal Support for Services The CONTRACTOR shall not replace funds for Non -Federal sources with Federal funds. The CONTRACTOR agrees to continue or to initiate efforts to obtain support from other sources for services funded under this part. 17. Opportunity of Older Persons to Advise CONTRACTORS CONTRACTORS who operate focal points in the community must assure collocation of services, where feasible. Multipurpose senior center : A center facility which is open for a minimum of six hours a day, five days a week, and provides or coordinates for participants a nutritious meal and a variety of services, such as , but not limited to: transportation, nutrition education, health screening, information and referral, health maintenance, exercise/physical fitness and volunteer activities. Focal point: A highly visible multipurpose senior center where anyone in a community can obtain information about and access to services for older adults. For purposes of these rules, focal points are so designated by the area agency on aging. 18. Disaster Relief Activities In the event of a disaster, whether man-made, natural, or of a civil defense nature, the CONTRACTOR will provide appropriate resources to Federal disaster relief agencies and may provide equipment and resources for the following activities: temporary shelter; nutrition services; food preparation; transportation; and volunteers, in accordance with 40 (TAC) Chapter 287. 19. .-Taxes CONTRACTOR will comply with all state, Federal or local tax requirements with respect to property and personnel. 20. The CONTRACTOR shall provide assurances that it will not knowingly, using reasonably prudent judgment, deal with any person, business, or other entity which has been suspended or debarred from receiving federal funds under 45.CFR 76.200 (non - procurement) or 48 CFR 9.4. 17 21. Agreements If any term, provision, covenant, or condition of this agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Neither this agreement nor any money due or to become due hereunder may be assigned by CONTRACTOR. If any action at law or inequity, including an action for declaratory relief, is brought to enforce or interpret the provision of this agreement, the prevailing party shall be entitled to a reasonable attorneys fee, which may be set by the Court in the same action or in a separate action brought for the purpose, in addition to any other relief to which the prevailing party may be entitled. Nothing contained in the agreement shall be construed so as to create an employer/employee relationship between SPAG and CONTRACTOR. It is expressly agreed that CONTRACTOR is an independent CONTRACTOR and CONTRACTOR shall not represent or hold himself out to be an employee or agent of SPAG. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lubbock County, Texas. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within subject matter. 18 Resolution No. 2004-R0570 December 7, 2004 Item No. 20 PART IV ATTACHMENT A Special Conditions for Nutrition Congregate Meals Services CITY OF LUBBOCK This contract obligates SPAG to a maximum of $104,999.79 Federal and State dollars. CONTRACTOR must match these dollars with a minimum of $10,298.48 Cash or In -Kind. In no event shall SPAG be obligated for more than 90 percent of TOTAL PROJECT COST, as pertains to PART VII, Budget. l . CONTRACT PURPOSE The purpose of this contract is to provide funds to pay for eligible units of congregate meal service for persons sixty (60) years of age and older in the City of Lubbock. 2. DEFINITION OF AN ELIGIBLE CONGREGATE MEAL UNIT OF SERVICE A congregate meal unit is defined as a Title IIIC meal, meeting at least 1/3 the Recommended Dietary Allowance (RDA) as established by the Food and Nutrition Board of the National Academy of Sciences, that is served in a Title IIIC nutrition site to a person 60 years of age or older or the spouse of an eligible person. 3. CONTRACT GOAL The goal of this contract is to provide nutrition congregate services for at least 750 unduplicated individuals, with minority and below poverty level older persons to be served in proportion to their number in the population of the City of Lubbock. Nutrition congregate services will be based on the needs of participants. CONTRACTOR agrees to provide a minimum total of 66,500 units of nutrition congregate service at a total unit rate of $4.69 during the term of this contract. Title IIIC reimbursement will pay for 22,388 eligible units served for a maximum of $104,999.72 Federal and State dollars. CONTRACTOR agrees to deliver congregate meals in accordance with the following conditions: 1. Hot meals shall be provided in a congregate setting at least 5 days per week, according to a published schedule and menu. PART IV ATTACHMENT A Page 2 City of Lubbock 2. The congregate site shall be located, where feasible and appropriate, within walking distance to the majority of eligible older persons. 3. The CONTRACTOR shall comply with all state and local health laws and ordinances concerning preparation, handling, and serving of food. 4. Special menus, where feasible and appropriate, shall be prepared to meet dietary needs arising from health requirements, religious requirements, or ethnic backgrounds of eligible participants. 5. Food containers and utensils for blind and handicapped participants shall be provided. 6. The CONTRACTOR shall serve food in accordance with the Recommended Dietary Allowance (RDA) as established by the Food and Nutrition Board of the National Academy of Sciences National Research Council and shall follow the menu plan developed by the nutrition consultant. 7. The CONTRACTOR shall serve food in accordance with recipes provided. 8. Each participant shall be provided the opportunity to have milk with the meal. 9. Appropriate and cost effective arrangements shall be made for the transportation of commodities, where applicable, and for the storage and use of NSIP commodities. 10. Cash provided in lieu of commodities shall be spent only for buying NSIP commodities and food grown and produced in the United States. 11. Participants shall be assisted in taking advantage of benefits available to them through the Food Stamp Program. 12. The CONTRACTOR shall coordinate with the Food Stamp Program administered by the Texas Department of Aging and Disability Services. 13. Nutrition education shall be provided at each congregate nutrition site through at least one monthly program of not less than 15 minutes, in accordance with Nutrition Service Requirements (40 TAC, Rule 270.5(b). The CONTRACTOR must notify PART IV ATTACHMENT A Page 3 City of Lubbock SPAG, in writing, at least 30 days in advance of the date nutrition education is to be scheduled each month. CONTRACTOR will maintain proper documentatiort showing actual number of units served each month. ' CONTRACTOR assures that all regulations according to the Texas Administrative Code, *40 TAC, Section 270.5 Nutrition Service Requirements are appropriately followed. CONTRACTOR understands that this attachment shall be subject to all of the terms andconditions of the contract between SPAG and the City of Lubbock to which this attachment is affixed and made a part thereof for all purposes. ATTEST: Rebecca Garza, City Secretary Approved as to Form City Atto y Resolution No. 2004-RO570 December 7, 2004 Item No. 20 PART IV ATTACHMENT D Special Conditions for Transportation CITY OF LUBBOCK This contract obligates SPAG to a maximum of $7,002.00 Federal dollars. The CONTRACTOR must match these dollars with a minimum of $790.50 Cash or In -Kind. In no event shall SPAG be obligated for more than 90 percent of TOTAL PROJECT COST, as pertains to PART VII, Budget. 1. . CONTRACT PURPOSE The purpose of this contract is to provide funds to pay for eligible units of transportation services for persons sixty (60) years of age and older in the City of Lubbock. 2. DEFINITION OF ELIGIBLE UNIT OF SERVICE A unit of service is defined as transporting a person 60 years of age or older from one location to another. 3. CONTRACT GOAL The goal of this contract is to provide transportation services for at least 40 unduplicated individuals, with minority and below poverty level older persons to be served in proportion to their number in the population of the City of Lubbock. Transportation services will be based on the needs of participants. CONTRACTOR agrees to provide a minimum total of 6,250 units of transportation service at a total unit rate of $6.28 during the term of this contract. Title IIIB reimbursement will pay for 1,115 eligible units served for a maximum of $7,002.20 Federal dollars. CONTRACTOR will maintain proper documentation showing actual number of units served each month. CONTRACTOR assures that all regulations according to the Texas Administrative Code, *40 TAC, Section 270.3 Transportation Service Requirements for the Elderly are appropriately followed. PART IV ATTACHMENT D Page 2 City of Lubbock CONTRACTOR understands that this attachment shall be subject to all of the terms and conditions of the contract between SPAG and the City of Lubbock to which this attachment is affixed and made a part thereof for all purposes. CONTRACTOR assures that eligible persons in the service area have transportation to nutrition services, center services, to shopping, paying bills, visiting the beauty and barber shop, medical appointments, and agency appointments such as Social Security, etc., through either a scheduled route pickup, demand/response or through a combination of both, with a priority given to those requests which deal with necessities of life. ukhori C tractor Signature M irc Mc gal,Mayor ATTEST: Rebecca Garza, City Secretary Approved as to Forfn r City Attorn SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Resolution No. 2004-R0570 December 7, 2004 Item No. 20 SUBCONTRACTOR: City of Lubbock CONTRACT PERIOD: October 1, 2004 thru September 30, 2005 Home Benefits Congregate Delivered Recreation Transportation Counseling Title XX Total Plans Participation Information Total Persons 750 40 790 Total Elderly Persons (60+) 750 40 790 1. Elderly (60+) Impairment - LOW Impairment - MOD Impairment r` - SEV Impairment 2. Elderly (60+) Minorityci� xv 310 n z � � Asian � 4 Indian 3 ai r Black h$I�$ 7 93 ;.. Hispanic C92' 18 u 210 3. Elderly (60+) Low Income'- - Non -Minority - Minority s 4. Elderly (60+) Rural 6t?' r s 4 61 Plans Elderly 60+ Unit Information LOW Impairment w _ MOD Impairment 777 ' - SEV Impairment - r TOTAL Elderly (60+) UNITS 66,500 6,250 72,750 SOUTH PLAINS ASSOCIATION OF GOVERNMENTS ACTUAL STAFF TIME ALLOCATION WORKSHEET FISCAL YEAR 2005 SUBCONTRACTOR: City of Lubbock CONTRACT PERIOD: October 1, 2004 TO September 30, 2005 DAYS WEEKS COMPENSATION POSITION HOURS PER PER HOURLY DOES NOT TITLE PER DAY WEEK YEAR RATE INCLUDE FRINGE Indoor. Su `onn - ... 'L ; 10,046 19th. Su 4 - ',52: 1, Q 14,664 etvisor : fw 5 4Ny- } Tt0-1 19,916 Su 14,602 St m©tt et5s5�, ;' 'i.4' 13,853 1i114irit."'ecn 6,214 7,176 s PTI 7,176 PT I9th . . 5: '. 2 `' 5,382 5,382 PT TI'e Y 3w Vic; 6` 5,226 5,382 6,968 � of Nk 13, 650 d- 1 r$tis . O . 2 . 13,650 ' � '11' t',4w Q 4Y� r %� yr� Y�.f �. } �� `�Y�*�t ) rfF A/ A`'., 3v- Y .0 "9: � • .a � �Si'f MF'.s}" "iv f..S. Z` �� { Y % C --•,� 'S Fs/'`. nL� "9SFNY'�'/��'.^'Y+. �'t _ v AY, .. 2of13 SOUTH PLAINS ASSOCIATION OF GOVERNMENTS STAFF LABOR COST ALLOCATION WORKSHEET FISCAL YEAR 2005 SUBCONTRACTOR: City of Lubbock CONTRACT PERIOD: October 1, 2004 TO September 30, 2005 SERVICE BENEFIT STAFF POSITION CONGREGATE HOME DEL RECREATION TRANS. COUNSELING ENTER SERVICE PERCENTAGE 80°% ;. -`.. Y' ':"" 7 10 TITLE Indoor Supervisor SALARY W/O FRINGE 10,046 FRINGE BENEFITS (%) `340 SALARY WITH FRINGE 13,462 12116 1,346 ENTER SERVICE PERCENTAGE 2 z. TITLE 19th Supervisor SALARY W/O FRINGE 14,664 FRINGE BENEFITS SALARY WITH FRINGE 19,650 15,720 - 3,930 ENTER SERVICE PERCENTAGE: TITLE Tre o Supervisor SALARY W/O FRINGE 19,916 FRINGE BENEFITS (%) SALARY WITH FRINGE 26,687 22,684 - - 4,003 ENTER SERVICE PERCENTAGE TITLE Simmons Supervisor SALARY W/O FRINGE 14,602 FRINGE BENEFITS SALARY WITH FRINGE 19,566 16,631 - - 2,935 - ENTER SERVICE PERCENTAGE TITLE Rawlings Supervisor SALARY W/O FRINGE 13,853 FRINGE BENEFITS (%) SALARY WITH FRINGE 18,563 15,778 - 2,784 ENTER SERVICE PERCENTAGE TITLE Maint. Tech. SALARY W/O FRINGE 6,214 FRINGE BENEFITS (%) SALARY WITH FRINGE 8,327 8,327 - - - - ENTER SERVICE PERCENTAGE TITLE PT Homestead SALARY W/O FRINGE 7,176 FRINGE BENEFITS SALARY WITH FRINGE 7,725 7 339 - 386 ENTER SERVICE PERCENTAGE:8 y4;:n TITLE PT 19th SALARY W/O FRINGE 5,382 FRINGE BENEFITS SALARY WITH FRINGE 5,794 4 925 869 - ENTER SERVICE PERCENTAGE TITLE PT 19th SALARY W/O FRINGE 5,382 FRINGE BENEFITS (%) SALARY WITH FRINGE 5,794 5,794 - - - 3of13 SOUTH PLAINS ASSOCIATION OF GOVERNMENTS STAFF LABOR COST ALLOCATION WORKSHEET FISCAL YEAR 2005 SUBCONTRACTOR: City of Lubbock CONTRACT PERIOD: October 1, 2004 TO September 30, 2005 SERVICE BENEFITS STAFF POSITION CONGREGATE HOME DEL RECREATION TRANS. COUNSELING ENTER SERVICE PERCENTAGE TITLE PT 19th SALARY W/O FRINGE 5,226 FRINGE BENEFITS (%) SALARY WITH FRINGE 5,626 5,626 - - - ENTER SERVICE PERCENTAGE 10„ TITLE PT Tre o SALARY W/O FRINGE 6,968 FRINGE BENEFITS (%) SALARY WITH FRINGE 7,501 7,501 - - - ENTER SERVICE PERCENTAGE. TITLE PT Simmons SALARY W/O FRINGE 13,650 FRINGE BENEFITS (%) 'f SALARY WITH FRINGE 14,694 14- ENTER SERVICE PERCENTAGE'' ' TITLE PT Rawlings SALARY W/O" FRINGE 5,382 -. FRINGE BENEFITS (%) SALARY WITH FRINGE 5,794 14,694 - - - ENTER SERVICE PERCENTAGE TITLE Transportation Aid SALARY W10 FRINGE 5,382 FRINGE BENEFITS (%) �` ° ' SALARY WITH FRINGE 5,794 3,674 11,021 ENTER SERVICE PERCENTAGE o 1'e ` TITLE Transportation Aid SALARY W/O FRINGE 13,650 FRINGE BENEFITS (%) X. z/e SALARY WITH FRINGE 14,694 3,674 - 11,021 ENTER SERVICE PERCENTAGE ;, r :; �� f� . ~ r ,.' ' ny `� . : x ". TITLE - SALARY W/O FRINGE - FRINGE BENEFITS (%) SALARY WITH FRINGE TOTALS: 159,176 - - 38,295 4of13 SOUTH PLAINS ASSOCIATION OF GOVERNMENTS SUBCONTRACTOR: Ci of Lubbock CONTRACT PERIOD: October 1, 2004 thru September 30, 2005 Resources for Services Congregate Home Delivered Recreation Transporta- tion Benefits Counseling Title XX Total Program Income 65,611 2,324 67,935 Title XX Contracted Amount Other Local Cash 161,566 33,518 195,084 Title III (+ NSIP) 105,000 7,002 112,002 Total Cash Match (10%) 10,298 781 11,079 Program Expense 342,688 43,647 386,335 Title III Total 91,791 NSIP Total 13,209 Provider Name: City of Lubbock Contract Number/Service: A100 - ngregate Meals Period covered in YTD: March 31 2004 New Contract Year. October 1 , 2004 - September 30, 2005 NOTE: You must identify the number of months the YTD actual expenses are based on In Cohan In D, under `Annualized Exp. M onths YTD Based on." T he worksheet is curre tly set at 8 months. Annualized Exp. YTD Actual Months YTD Based on Budgeted Exp. for Percent Difference Reason for Difference Cost Area Expenses 7 New Contract Yr. (Budget to Annualized) (If Over Routine Inflation Percentage - 1,48%) 1. Personnel Salaries, PR Taxes 3 Benefits 80,285.00 137,631.43 159,175.92 15.65% Contract staff, Compensation - 80,285.00 137 631.43 159 175.92 15.65% Total 2. professional Development W _ - Conference - Dues 648.00 1,110.86 1,110.00 -0.08% Materials 6.00 10.29 10,00 -2.78% 654.00 1121.14 1120.00 -0.10% Total M 3. Meals/Food Raw Food - Nutrition Supplement - Freight Storage - Consumables 3,500.00 6,000.00 6,000.00 0.00% ContractedMeals/Food 101,029.00 173,192.57 170,000.00 -1,84% Other Total 104 529.00 179 192.57 176 000.00 -1,78% „ 4. E uIpment Depreciation - Interest - Leasing - Maintenance Total .��. ° 5.Occu a 10 /Buildina Rent - Utilities - Depreciation - Mortgage Interest - Insurance - Sewrity - Janitorial - Repair - Taxes Total 6. Trans or1a1lon/Travel Mileage Reimbursement - Delivery Gas d Oil - Repairs Insurance Depreciation/Lease - Interest Tags 8 Licenses total 7. Administrative & General Advertising 4,100.00 7,028.57 5,900.00 -16.06% Printing - Copying - Office Supplies 210.00 360,00 360.00 0.00% Contractual Agreernents 77.00 132.00 132.00 0,000/0 Postage - Telecommunications - Liability Insurance - interest-Wkg. Capital - LegalFees - Accounting Fees - Consulting Pees - Other Fells (i.e., License) - Audit - Other kisc. 4,387.001 7,520.57 1 6,392.001 -15.01% Total NOTE: You must identify the number of months the YTD actual expenses are based on In Colum n D, under'Annualtzed Exp. M onths YTD Based on.' T he worksheet is curre tly set at 8 months. Annualized Exp. YTD Actual Months YTD Based on Budgeted Exp. for Percent Difference Reason for Difference Cost Area I Expenses 7 New Contract Yr. I (Budget to Annualized) (If Over Routine Inflation Percentage - 1.48%) Meals 2.51 151 Enter the Total Number of Anticipated Meals or the Proposed Meals by Funding Source Total Number of Anticipated Meals 1 66,5001 Funding Source Proposed Meals Calculated Rate Revenue TOADS 22,388 4.69 105,000 Proposed Meals ' Calculated Units TDADS - Title XX 4.69 0 Proposed Meals ' Calculated Units TOADS - Title XIX 5.15 0 Proposed Meals ' Calculated Units Program Income 12,740 5.15 65,611 Proposed Meals ' Calculated Units Local Funds - Eligible Meals 31,372 5.15 161,566 Proposed MealsCalculated Units Local Funds - Non -Eligible Meals 5.15 0 Proposed Meals' Calculated Units Local Funds - Required Match NA 0.46 10,298 TOADS Proposed Meals +Title XX Proposed Meals 'Calculated Rate Loral Funds - Cap Limit Exceeded TDADS & Tite XX NA - 0 TDADS Proposed Meals +Title XX Proposed Meals *Calculated Rate Local Funds - Cap Limit Exceeded Title XIX NA 0 Title XIX Proposed Meals 'Calculated Rate 66r5N 342.475 BUDGET WORKSHEET CALCULATION OF THE PER MEA�UNJT RATE City of Lubbock eso upon No. 2004-RO570 A100 - Congregate Meals December 7, 2004 Item No. 20 1.Total Budgeted Expenses for Contract Year 1. $342,687.92 2.Total Number of Anticipated Meals to be Provided TDADS 22,388 Title XX 0 Title XIX 0 Program Income 12,740 Other Eligible 31,372 Non -Eligible 0 2. 66,500 3. Cost per meal (Line 1 divided by Line 2) Reimbursement Calculation 4.Projected NS1P per Meal Value 5.Rate Less NSIP per Meal Value 6. Mandatory Local Match of 10% " If Applicable, Match Reduction Required Match 7.Proposed Meal Rate (Line 3 minus Line 6) Rate Cap Applicable to TDADS /AAA 8. Excess of Cap Rate Reduction 9. TDADS/AAA Negotiated Unit Rate (Line 7 minus Line 8) TDADS & Title XX Title XIX 0.59 N/A 4.56 N/A 0.46 0.46 N/A 4.69 5.15 4.88 5.92 4.69 5.15 * 11` any portion of the required match is in -kind, you must complete an In -Kind Match Certification form. City of Lubbock Legal Name of Contracted Provider Signature Marc McDougal,Mayor Printed/Typed Name of Signer December 7, 2004 Date South PlainAssociation of Governments Nam Area Agency on Aging Texas Department of Human 8 UNA Date Approved as to �€ h Z J-hn Knight,' City Attorney 1111 Printed/Typed Name of Sig `r 3. 5.15 a Signature \� Date Approved as to connt Johnny iKcLellan Indoor Recreation Supervisor ATTEST: _ Rebecca Garza, City Secretary Period covered in YTD: March 31 2004 New Contract Year: October 1 , 2004 - September 30, 2005 t - NOTE: You must identify the number of months the YTD actual expenses are based on in Column D, under "Annua tzed Ex . Mon YTD Based on " The worksheet is currently set at 8 months. 7 AmuaNzed Exp. 7YTD Actual Months YTD Based on Budgeted Exp. for Percent Difference Reason for Difference Cost Area Expenses 7 New Contract Yr. (Budget to Annualized) (If Over Routine Inflation Percentage - 1.48%) ::: 3 " 1. Personnel Salaries, PR Taxes & Benefits 22,570.00 38,691.43 38,295.26 -1.02% Contract staff, Compensation 7nta1 22.570.00 38.691.43 38.29&26 -1.02% 2. Professional Development Conference - Dues - Materials - Total 3. E lipment Depredation - interest - Leasing - Maintenance Total g 4.Occu /Building Rent - Utifities - Depreciation - Mortgage Interest - Insurance - - Secunty Janitorial - Repair - Taxes Total " S.Trans rtation/Travel Mileage Reimbursement - Delivery - Gas & Oil 2,800.00 4,800.00 4,800.00 0.00% Repairs - Insurance - Depreciation/Lease - Interest - Tags & Licenses - 2,800.001 4 800.00 4,800.001 0.00% 7otal s 6. Administrative & General Advertising 175.00 300.00 300.00 0.00% Printing - copying 70.00 120.00 120.00 0.00% Office Supplies 77.00 132,00 132.00 0.00% Contractual Agreements - Postage - Telecommunications - Liabifity Insurance - Intarest-Wkg. Capital - Legaf Fees - Accounting Fees - Consulting Fees - Other Fees (La-, License) - Audit - rWh—uI - Provider Name: CityofLubbock I ContractNumbedService: A100 Demand Response Transportation Period covered in YTD: March 31,2004 New Contract Year. October1,2004-September 30,2005 NOTE: You must identity the number of months the YTD actual expenses are based on In Column D, under "Annualized Ex . Months YTD B n." The worksheet is currently set at 8 months. Annualized Exp. YTD Actual Months YTD Based on Budgeted Exp. for Percent Difference Reason for Difference Cost Area Expenses 7 New Contract Yr. (Budget to Annualized) (if Over Routine Inflation Percentage - 1.48%) r Total of all Cost Areas 25 692.00 44 043.43 43 647.26 -0.9096 Total Number of Units Provided 3,542.001 6,072.00 Total um Of Anticipated Units 0 6,250 2,93% IBudgeted Cost per Unit _ $6.98 Enter the Total Number of Anticipated Units or the Proposed units by Funding Source Total Number of Anticipated Units Funding Source AAAITDADS - Match Required AAAITDADS -Full Unit Rate Program Income Local Funds - Eligible Units Source 5 Source 6 Lops Funds - Required Match �— 6 550 Proposed Units Calculated Rate Revenue 1,115 6.28 7,002 Proposed Units • Calculated Units 6.98 0 Proposed UnitsCalculated Units 333 6.98 2,324 Proposed Units • Calculated Units 4,802 6.98 33,518 Proposed Units • Calculated Units 6.98 0 Proposed Units • Calculated Units 6.98 0 Proposed Units' Calculated Units NA 0.70 781 TDADSIAAA Proposed Units *Calculated Rate 43,625 Resolution No. 2004-RO570 December 7, 2004 Item No. 20 BUDGET WORKSHEET CALCULATION OF THE UNITOTE City of Lubbock A100 Demand Response Transportation 1.Total Budgeted E)penses for Contract Year 2.Total Number of Anticipated Units to be ProVded AAA/TDADS - Match Required AAA/TDADS - Full Unit Rate Program 1,115 Income 333 Source 5 0 Local Funds - 0 Eligible Units 4,802 Source 6 0 3. Cost per unit (Line 1 diuded by Line 2) - Full Unit Rate Reimbursement Calculation for Contracts Requiring Unit Rate Match Reduction 4. Mandatory Local Match of 10% " If Applicable, Match Reduction Fromthe In -kind Match Certification form Required Match 5.Full Unit Rate Less Required Match (Line 3 minus Line $ 0.70 "If any portion of the required match is in -kind, you must complete an In -Kind Match Certification form. 1. $ 43,647.26 2. 6,250 3. $ 6.98 4. $ 0.70 5. $ 6.28 Contract Reimbursed at Full Cost Per Unit Rate. ltilitch Requirements Mill Be Met Through Provilsion of Additional Units $ 6.98 Contractor Initial AAA Initial Contract Reimbursed at the Full Cost Per Unit Less Required Mtch. $ 6.28 Contractor Initial City of Lubbock Legal Name of Contracted Provider of Signer Decembex', 7, 2004 Date AAA Initial South Plains Name of, PrintedlTyped sociation of Goverhment D to Approved as to form Approved as to content IX n Knig t, Lldohnn McLellan City Attorney Indoor Recreation Supervisor ATTEST: ;Reecca Garza,City S retary SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Plans Expense Home Benefits Tit eXX Item Information Congregate Delivered Recreation Trans. Counseling Total Breakout 1. Personnel 1.a. Salaries, PR Taxes & . Benefits 159,176 - 159176 1.b. Contract staff, Com nsation - - - 1. Total 159,176 - 159,176 - 2. Professional Development 2.a. Conference 2.b. Dues 1,110 - 1110 2.c. Materials k^m`.T^_+, .� w .,a„�',v�. -� ':'�'.�':' �d;;.�'� �i�.w. .3: ; z��.ev^ d._.'�$�k• �.,.v 3. Meals/Food utrition Supplement Wreight lConsumables Wontracted 5 iw 4. Equipment -amp .•- .ciation Maintenance �6'r�t. �w'�,a`?� ,.:.'��``' .3''.«�$�,....5 %'�h"i.';�.m ��..�.es�::d�:i"',v,.. $5..�^E': ti„}... w�^����", �a�.�ta&�,..'r"A + �iVJ�:�� .•'±, �".�-i✓„�.TrN~i`.�.'4�.�`i��^�/�^„ �xes�' '� :. E[Depreciation Mortgage Interest Janitorial 12 of 13 SOUTH PLAINS ASSOCIATION OF GOVERNMENTS SUBCONTRACTOR: City of Lubbock CONTRACT PERIOD: October 1, 2004 thru September 30, 2005 :e Services Item Plans Expense Information Congregate Home Delivered Recreation Trans. Benefits Counseling Total Title Breakout 51 Taxes 5, Total - - - - 6. Transportation/Travel 6.a. Mileage Reimbursement - - - 6.b. Delivery 6.c. Gas & Oil - 4,800 4,800 6.d. Repairs 6.e. Insurance 6. f. Depreciation/Lease 6.g. Interest 6.h. Tags & Licenses _ - - 7777777 6, Total - 4,800 4,800 - io mom 7. Administrathe & General 7.a. Advertising 5,900 300 6,200 ., 7.b. Printing 7.c. Copying 7.d. Office Supplies 360 132 492 7 e Contractual Agreements 132 132 z, • <. . 7.f. Postage 7.g. Telecommunications - »^ Th. Liability Insurance 7.1. Interest-Wkg. Capital 7. j. Legal Fees _ ? 7.k. Accounting Fees 7.1. Consulting Fees - - 7.m. Other Fees (i.e., License)- - r 7.n. Audit To. Other Misc. 5� 7. Total 6,392 552 6,944 - 8. Total of all Cost Areas 342,688 5,352 348,040 - 13 of 13 Resolution No. 2004-RO570 December 7, 2004 Item No. 20 PART V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Federal Executive Order 125.49 requires the Texas Department of Aging and Disability Services (DADS)) to screen each covered potential contractor/grantee to determine whether each has a right to obtain a contract/grant in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor/grantee must also screen each of its covered subcontractors/providers. In this certification "contractor/grantee" refers to both contractor/grantee and subcontractor/sub-grantee: "contract/grant" refers to both contract/grant and subcontract/sub- grant. By signing and submitting this certification the potential contractor/grantee accepts the following terms: 1. The certification herein below is a material representation of fact upon which reliance was placed when this contract/grant was entered into. It is later determined that the potential contractor/grantee knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and" Human Services. United States Department of Agriculture or other federal department or agency, or the Texas Department of Aging and Disability Services may pursue available remedies, including suspension and/or debarment. 2. The potential contractor/grantee shall provide immediate written notice to the person to which this certification is submitted if at any time the potential contractor/grantee learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The words "covered contract," " debarred," "suspended," "ineligible," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is as defined in the attachment. 4. The potential contractor/grantee agrees by submitting this certification that, should the proposed covered contract/grant be entered into, it shall knowingly into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of PART V CERTIFICATION REGARDING DEBARMENT Page 2 Agriculture or other federal department or agency, and/or the Texas Department of Aging and Disability Services, as applicable. Do you have or do you anticipate having subcontractors/sub-grantees under this proposed contract? dyes no 5. The potential contractor/grantee further agrees by submitting this certification that it will include this certification titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts and Grants" without modification, in all covered subcontracts and in solicitations for all covered subcontracts. 6. A contractor/grantee may rely upon a certification of a potential subcontractor/sub- grantee that is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract/grant, unless the contractor/grantee knows that the certification is erroneous. A contractor/grantee must, at a minimum obtain certifications from its covered subcontractors/sub-grantees upon each subcontract's/sub-grant's initiation and upon each renewal. 7. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification by this certification document. The knowledge and information of a contractor/grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for contracts/grants authorized under paragraph 4 of these terms, if a contractor/grantee in a covered contract/grant knowingly enters into a covered subcontract/subgrant with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in the transaction, in addition to other remedies available to the federal government, Department of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Department of Aging and Disability Services may pursue available remedies, including suspension and/or debarment. PART V CERTIFICATION REGARDING DEBARMENT Page 3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Indicate which statement applies to the covered potential contractor/grantee: ✓ The potential contractor/grantee certifies by submission of this certification that neither it nor its principals are presently debarred, suspended, proposed- for debarment, declared ineligible, or voluntarily excluded from participation in this contract/grant by any federal department or agency or by the State of Texas. The potential contractor/grantee is unable to certify one or more of the terms in this certification. In this instance, the potential contractor/grantee must attach an explanation for each of the above terms to which it is unable to make certification. Attach the explanation(s) to this certification. NAME OF POTENTIAL CONTRACTOR/GRANTEE City of Lubbock VENDOR ID NO./FEDERAL EMPLOYER'S IDNO. 17560005906 ignature of Authori a eprese ive John Knight Printed/Typed Name of Authorized Representative City Attorney Title of Authorized Representative Date THIS CERTIFICATION IS FOR FY 2005, PERIOD BEGINNING 10/1/2004 and ENDING 9/30/2005.