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HomeMy WebLinkAboutResolution - 2007-R0046 - Contract - Life Run Independent Lviing Centers - CEAP, Utility Assitance - 02_06_2007Resolution No. 2007—R0046 February 6, 2007 Item No. 5.10 RESOLUTION d 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, by and between the City of Lubbock and Life Run Independent Living Centers from the Comprehensive Energy Assistance Program (CEAP) for the Elderly/Disabled Utility Assistance Program, and all related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 6th ATTEST: L"- Aft—f -,a s.� ,, /-- Re ecca Garza, City Secretary APPROVED AS TO CONTENT: day of February , 2007. DAVID A. MILLER,. Bill Howerton, Jr., Community Dyllopment Director APPROVED AS TO FORM: Amy Sims, ist gslccdocs-CEAP res-Life Run Independent Livint Centers Jan 24, 2007 Resolution No. 2007-R0046 February 6, 2007 Item No. 5.10 STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract entered into this 6"' day of February 2007, by and between the CITY OF LUBBOCK (herein called "City") and Life Run Independent Living Centers a non-profit Center (herein called "Contractor"). I. WHEREAS, the City is obligated to do and perform certain services in its administration of the COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP); and WHEREAS, the Contractor operates a non-profit center offering services to low-income individuals in the County of Lubbock; and WHEREAS, the services provided by the Contractor benefit citizens of the County of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared programs of the Life Run Independent Living Centers to be a public purpose and the provision of these services to be a predominate purpose of this transaction; and WHEREAS, the Contractor and the services it provides have been found to meet the criteria for funding under the RFP; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction, continuing supervision by the City and State together with statutory and contractual requirements provide sufficient assurance that this public purpose will be accomplished and an audit provides sufficient protection of the handling of public money; and WHEREAS, the City Council had found that the Contractor has the special expertise, knowledge and experience necessary for the performance of the contract and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Contractor to make available operating assistance for the Elderly/Disabled Program. NOW, THEREFORE, it is agreed between the parties hereto that: II. SCOPE OF SERVICE A. General Overview of Program: 1. Contractor will use the CEAP funds awarded to administer the Elderly/Disabled Component. B. City Responsibilities: 1. City agrees to provide Contractor assistance from COMPREHENSIVE ENERGY ASSISTANCE PROGRAM funds in an amount not to exceed $61,000.00 in return for Contractor performing the activities set forth in this Contract as consideration for said funds. 2. 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 to make payment under this contract, City shall notify Contractor in writing within a reasonable time after such fact is determined. City shall terminate this Contract and will not be liable for failure to make payments to Contractor under this Contract. 3. City shall not be liable to Contractor for any costs incurred by Contractor, or any portions thereof, which have been paid to Contractor or which are subject to payment to Contractor, or which have been reimbursed to Contractor or which are subject to reimbursement to Contractor by any source other than City or Contractor. 4. City shall not be liable for any costs incurred by Contractor which are not allowable costs as set forth in the contract. 5. City shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this Contract. 6. City shall not be liable to Contractor for any costs incurred by Contractor in the performance of this Contract which have not been billed to City by Contractor within sixty (60) days following termination of this Contract. 7. City shall not be liable for costs incurred or performances rendered by Contractor before commencement of this Contract or after termination of this Contract. 8. City's financial assistance will be limited to the following: a. The assistance made available through this Contract shall be used by the Contractor solely for the purpose of the Elderly/Disabled Program and b. The assistance shall provide funding for expenses incurred within the operation and scope of the program. c. The services provided by the Contractor shall benefit lower -income families residing in the County of Lubbock and whose gross household income does not exceed the most recent Poverty Income Guidelines issued by the Department of Health and Human Services. C. Contractor's Responsibilities 1. Contractor agrees to use funds made available through this Contract solely for the purpose of the Elderly/Disabled Program at LIFE Run Independent Living Centers, 4902 341h Street, Suite 5. 2. Contractor agrees to comply with applicable uniform administrative requirements, as described in the Life Run Independent Living Centers Policy Manual and generally accepted administrative requirements for the Texas State Government located at 1TAC5.141 et seq. And the federal administrative requirements located at 45CFR Part 96. 3. Contractor agrees to carry out the activities under this Contract in compliance with all State and Local laws and regulations. III. TIME OF PERFORMANCE This Contract shall commence January 1, 2007 and shall terminate December 31, 2007. The term of this Contract and the provisions herein may be extended to a second and third year provided funds are received from TDHCA and providing the Contractor meets its contractual obligations during the current funding year. Subject to board approval and Mayor's signature. BUDGET 1. Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O-Other Grants, D=Donatlons beside each entry under "Applicant's Matching Funds" to denote the type of match being used. Administration: Personnel + Fringe Benefits + Office Supplies + Copy Supplies + Postage + Telephone + Rental Space + Facility Utilities + Accounting + Other: + + Program: Tuition & Fees + Books + Uniforms + Child Care + Rent + Utilities + Transportation + Elderly Disabled 55,000 + Direct Services Sumort 6.000 + TOTALS $61,000 + TV V VI. PAYMENT City will pay up to $61,000.00 to Contractor based upon the receipt of request for funds and project expense summary for the above -described project. Contractor shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. If need is shown to exist, City staff can release up to 10% of the funds to be used as start-up funding. Contractor will then bill City monthly for expenses occurred during the month. By December 31, 2007, Contractor will have provided City with proper documentation to show how all funds were expended, including the start-up costs. NOTICES 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 SPECIAL CONDITIONS Michelle Crain Life Run Independent Living 4902 34`h Street, Suite 5 Lubbock, TX 79410 A. Specific Requirements to Meet Conditions Outlined in RFP 1. 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. 2. Contractor will keep adequate documentation of the design of the program, the implementation of the program, and evaluation of program design. 3. Contractor will keep documentation of their efforts to leverage CEAP funds with other programs to enhance the services provided to clients. 4. Contractor will keep documentation of their efforts to cooperate and collaborate with other service providers. VII. GENERAL CONDITIONS A. General Compliance Contractor agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Contract which were made available under City's COMPREHENSIVE ENERGY ASSISTANCE PROGRAM. Contractor shall administer the Comprehensive Energy Assistance Program (the "CEAP Program") to eligible clients in accordance with Texas Department of Housing and Community Affairs ("TDHCA'I CEAP regulations and as out lined in CEAP regulations and the Low -Income Home Energy Assistance Act of 1981, as amended, 42 U.S.C. Sec. 8621 et seq. (the "LIHEAP Act" Public Law 97-35), and the LIHEAP State Plan; and sections 103 & 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Agency of labor regulations (29 CM Part 5). B. Independent Contractor 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. C. Indemnity and Release 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, applicable, all attorney's fees incurred by such parties in enforcing Grantee's indemnity in this section. F 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 unenforceability or voidance, for any reason, of all or part of this agreement. The indemnity and release provided herein shall survive the termination or voidance of this agreement. Worker's Compensation Contractor shall provide Worker's Compensation insurance coverage or other approved coverage for all employees involved in the performance of this Contract. Insurance and Bonding Throughout the term of this Contract, the Contractor will maintain liability insurance in the following minimum amounts: Type of Insurance Commercial General Liability Property Damage Liability City Recognition Minimum Liability $1,000,000 Limit $100,000 Each Occurrence Contractor shall insure recognition of the role of City's COMPREHENSIVE ENERGY ASSISTANCE 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. G. Amendments 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. 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. H. Suspension or Termination Either party may terminate this Contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph " I.13" above may only be undertaken with the prior approval of City. 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, and Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. City may also suspend or terminate this Contract, in whole or in part, if Contractor materially fails to comply with any term of this Contract, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Contractor ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Contractor is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (15%) of said contract funds until such time as Contractor is found to be in compliance by City or is otherwise adjudicated to be in compliance. 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. Any expenditures incurred prior to receiving notice will be reimbursed; however, in no event shall the City pay any expenses incurred after notice of termination is received by Grantee. I. Prevention of Waste, Fraud, and Abuse 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. Contractor shall give Department 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. 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. J. Legal Remedies In instances where the Contractors violate or breach this Contract, the City may apply administrative, contractual, or legal remedies. The City may suspend all activities temporarily pending either corrective action by the Contractor or a decision by the City to terminate this contract. K. Legal Authority 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. 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. VHL ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards Contractor agrees to comply with Attachment F of OMB Circular A -I 10 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. 2. Cost Principles 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. B. Documentation and Record -Keep Records to be Maintained Contractor shall maintain all records required by the State of Texas Department of Housing and Community Affairs, and that are pertinent to the activities to be funded under this Contract. 2. Retention 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, or after the resolution of all State audit findings, whichever occurs later. 3. Client Data 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. 4. Audits and Inspections All Contractor records with respect to any matters covered by this Contract shall be made available to City, their designees or the State Government, at any time during normal business hours, as often as City or State 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. C. Operation and Financial Reports 1. Financial Record Reports 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 2. Operation Reports Contractor agrees to submit to the City a monthly activity report in accordance with instructions provided by the State. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 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. 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. B. Conduct 1. Prohibited Activity 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. 2. Conflict of Interest 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 r David A. Miller MAYOR ATTEST: R ecca Garza, City Secretary APPROVED AS TO CONTENT: Bill Howerton, Jr. Community Development Director APPROVED AS TO Amy LIFE RUN INDEPENDENT LIVING Michelle Crain AUTHORIZED REPRESENTATIVE FED. I.D.# THE STATE OF TEXAS J Qree f yv'-D `4 COUNTY OF LUBBOCK Before me Ashley c. aMii{iah8 n KIM-ini Dijhiin in nnA fnr I ijhhrwgI day personally appeared Krista Ramirez Corporation, publishers of the Lubbock Avaii did dispose and say that said newspaper hi insertion of this Legal Notice No. printed copy of the Legal Notice Avalanche-Joumal on the following date. 1 N RY PUBLIC in aWd for the State of Texas Inside Sales Manager my commission Expires M52010 LUBBOCK AVALANCHE -JOURNAL Morris Communication Corporation Subscribed and sworn to before me this day of A.-Lq-- :;i!9D ASHLEY C MCGAHA FORM 58-10 �, ar rue.,, '�° c Notary Public, State of Texas My Commission Expires