The URL can be used to link to this page

Home My WebLink AboutResolution - 809 - Contract - SPAG - Senior Citizens Social Recreation Services - 05_28_1981AA:bs RESOLUTION NO. 809 - 5/28/811 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 South Plains Association of Governments concerning information, referral, and social recreation services for senior citizens, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of May ,1981. r ii — BILL MCALI3TER, MAYOR ATTEST: X�� A.'e/64 of Evelyn Ga fga,q Ci y etary-Treasurer b�7 APPR rO CONTENT:y J' eston, D ector of Community Facilities APPROVED AS TO FORM: Angela Adaffas, Asst. City Attorney ' CONTRACT BETWEEN RESOLUTION No. 809 - 5/28/81 ak n SOUTH PLAINS ASSOCIATION OF GOVERNMENTS �(( and lo/ Part I General Provisions SECTION 1. PARTIES. TO THE CONTRACT This contract is between South Plains Association of Governments hereinafter referred to as SPAG and City of Lubbock hereinafter referred to as CONTRACTOR. The parties have agreed severally and collectively to the execution and mutual obligations, and to the performance and accomplishments of the tasks hereinafter described. SECTION 2. CONTRACT PERIOD This contract shall commence on July I, 1981 and shall terminate on December 31, 1981 SECTION 3. CONTRACT AMOUNT �e sum of money obligated by SPAG to the CONTRACTOR under this contract shall not ezoVed'$ -71,448.00 for performances and amounts specified by attachments delineated below which are indicated by initials of signatory parties hereto and which are a part of this contract. SPAG CONTRACTOR SPAG AMOUNT INITIALS INITIAL ATTACHMENTS SERVICES $ Attachment A Information and Referral $ Attachment B Transportation $ Attachment C Friendly Visiting $ Attachment D Legal - (Community Service Adviso $ Attachment E-1 Senior Center Operations $ Attachment E-2 Residential Repairs $ Attachment E-3 Training Attachment F Multipurpose Center Development Attachment G Nutrition Congregate I 014.00 Attachment li Home Delivered Meal $ Attachment I Demonstration Program $ Attachment J Other Page 1 of 7 'SECTLON 4. CONTRACT MATCH CONTRACTOR shall be liable for bearing a share of the total allowable costs incurred at a rate of not less than 10% for social and nutrition services, or as required for special programs, in the amount of $ 7,938.67 - __ Such required share constitutes matching funds that earn federal funds. Such match may consist of cash derived from progam income, from other cash or from in -kind contributions. CONTRACTOR's match under this contract shall be not less than the amount identified for each category in Part II - Special Conditions and Budget Justification, in the column entitled "Contractor". SECTION 5. PROGRAM INCOME 1. Program Income MUST first be used to meet the CASH non-federal requirements. 2. Program income in excess of that required shall be identified in the budget justification for allowable costs in Other Resources. 3. Program income insufficient to meet each program category in Part II Budget _Justification, in the column entitled "Contractor" shall be supplemented either by other cash or by documented in -kind contributions of goods and/or services. a. Program income is income earned by Contractor from activities part of all of which are borne as a direct cost by SPAG under provisions of this contract. Program income includes'but is not limited to cash,income from fees for services, from usage or rental fees, from the sale of goods, from meal contributions, or from donations. b. Program income from meal contributions shall be used in such a manner to increase the number of meals served by the project. c. Program income MUST BE REPORTED TO SPAG, BUDGETED BEFORE IT IS SPENT, AND SPENT IN THE CURRENT CONTRACT PERIOD. 4. In -kind contributions means property or services provided to CONTRACTOR by Non -Federal third parties without charge to CONTRACTOR or SPAG which are a. identifiable from CONTRACTOR's records b. not included as contributions for any other state or federal.ly assisted programs, and C. allowable as direct costs under the provisions of this contract. d, adequately documented as to nature, source, and value. Page 2 of 7 SECTION 6. SPAG FUNDING OBLIGATIONS In consideration of full and satisfactory performance of the activities described in this contract, SPAG shall be liable to CONTRACTOR for actual allowable costs incurred by CONTRACTOR, within the period of this contract, for performances rendered here- under subject to CONTRACTOR furnishing its share of allowable costs incurred. 1. 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 Governor's Committee on Aging to provide funds. The Contractor shall have no claim, under terms of this contract, on any funds from SPAG other than these. SECTION 7. OPERATING BUDGET This contract and the project operated hereunder by the CONTRACTOR shall be governed by a BUDGET/s as defined in Part II - Special Conditions and Budget Justification. 1. Adjustments to approved individual budget line items may be made by CONTRACTOR, providing that the adjustment to an individual line items does not exceed ten percent (10%) of the line item amount, that the total of line item adjustments within a category does not exceed ten percent (10%) of the category amount, and that there is no change in the category total amount. 2. Adjustments amounting to more than that provided in #1 above may be made by the CONTRACTOR only with prior written authorization of SPAG. SECTION 8. SUBCONTRACTING OF 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. SECTION 9. PAYMENTS SPAG has no obligation to advance any funds obligated under the terms of this contract.' In the absence of written agreement to the contrary, funds will be remitted by SPAG to the Contractor on a reimbursement basis subject to appropriate administrative procedures and contingent upon receipt of funds by SPAG from the Governor's Committee on Aging. ALL PAYMENTS FOR THIS CONTRACT ARE TO BE MADE PAYABLE TO NAME Parks and Recreation Department ADDRESSPq, Box 2000 Lubbock Texas 79457 Page 3 of 7 It is agreed that the Contractor shall submit requests for payment to SPAG on a monthly basis and that payment of funds to the Contractor by SPAG under the terms of this contract shall be subject to the following procedures: a. By the 5th day of the month the Contractor will reouest, in a form prescribed by SPAG, reimbursement for allowable actual project expenditures during the previous month. b. Contractor requests for reimbursement will be supported by auditable records kept on file by the Contractor, and these records will be avail- able for inspection on request by SPAG and/or the Texas Governor's Committee on Aging. c. SPAG will reimburse the Contractor within 30-days of receipt of a proper request, contingent upon receipt of SPAG of funds from the Texas Governor's on Aging. d. The Contractor will report to SPAG by the 5th day of the month if no Contractor expenditures were incurred during the previous month, under the terms of this contract. SECTION 10. REPORTS AND RECORDS In addition to the submission of required financial reports, the Contractor agrees: a. To retain auditable accounts and records for a period of five years following expiration of this contract. Such records will be maintained at the following location: 2001 19th Street City Hall 9th and Texas b. To submit to SPAG other information regarding project operations as may be necessary from time to time. Such information as may be required will be submitted by the Contractor in a form prescribed by SPAG. SECTION 11. PROPERTY The Contractor shall maintain a record of all property purchased under terms of this contract. Any non -expendable property having an acquisition cost of $300 or more and having a 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 an inventory of all non -expendable property Page 4 of 7 purchased under the terms of this contract. b. The Contractor shall exercise reasonable and prudent judgement in assuring the maintenance, security, and authorized use of property purchased under terms of this contract. SECTION 12. SUSPENSION OR TERMINATION In the event project monitoring/evaluation activities by SPAG or its agents, or by the Texas Governor's Committee on Aging or its agents, disclose serious deficiencies in the operation of a project supported under provisions of this contract, SPAG may elect to suspend this contract pending resolution of deficiencies or to terminate this contract. The Contractor shall be notified in writing of any such suspension or termination and shall have the right to appeal to the SPAG Board of Directors. This contract may be terminated upon the occurrence of any of the following events: a. Discontinuance by the Contractor of the project as described herein; or, b. Discontinuance of funding to SPAG from the Texas Governor's Committee on Aging; or, c. Failure of the Contractor to comply with any or all of the terms and conditions stated herein; or, d. Mutual agreement between SPAG and the Contractor. In the event of termination, final billings for expenditures made pursuant to the contract will be submitted to SPAG by the Contractor, but it is understood that no expenses incurred after the termination date will be reimbursed. SECTION 13. LIMITATION OF LIABILITY Notwithstanding any of the provisions of this agreement, the Contractor agrees to indemnify and hold harmless SPAG from any and all claims for damage to property or injury to persons which may be asserted by any third party arising from the conduct and performance of this agreement. Allowability of costs shall be in accordance with provisions of 45 C.F.R. Part 74 and other applicable federal regulations. When 45 C.F.R., or its appendices, provide that a cost is allowable only when authorized Page 5 of 7 in writing, prior written approval from SPAG must be obtained. Approval of the CONTRACTOR's budget shall constitute written approval only if detailed budget justification supporting the purpose, need and reasonableness of such cost is included as a part of the budget. SECTION 14. 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 1709 26th Street Lubbock, Texas 79411 b. If notice is to be sent to the Contractor: Parks and Recreation, Dorothy Dailey P.O. Box 2000 Lubbock, Texas 79457 SECTION 15. AUTHORITY The authority on wFAch this contract is based derives from the Older Americans Act of 1965, as amended, and its regulations; HHS regulations on Administration of Grants; Title 45 C.F.R. Part 74 and Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans; Title VI of the Civil Rights Act of 1964; 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; the Flood Control Act; the Housing and Urban Develop- ment Act of 1974; and, with all state and local laws as pertain to this contract and its attachments. SECTION 16. ORAL AND WRITTEN AGREEMENTS 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. 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. Page 6 of 7 SECTION 17. 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 organizations. Executed in Triplicate-this28thday of May , 19 81 n ntractor By: horized Contrattor Si nature Reviewed: SPAG Director F nonce Approved and accepled on behalf of South Plains Association of Gove 0 ent J Jerry D. asstevmhs, Executive Director CITY OF LUBBOCK, TEXAS r i BY Of f ILL McA ISTER, MAYO ATTEST: EYelyn/-Ga fg q� Cd ecretary-Treasurer -Ova / APP ED S TO ONTE J' Weston, re for of Community Facilities APPROVED AS TO FORM: z '/"�Z Angela AdamV, Asst. City Attorney Page 7 of 7 SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Aging Programs I1Ic Budget Justification A separate Budget Justification is required for each Part lI Special Condition Attachment. to the contract. City of Lubbock Contractor Name Coneregate Meals Type of Service 3_P1j1,P_ oog Contractor Code 07 /01 /81 / to / 12 /31 /81 Term of Contract Expenditure Category SPAG Contractor 10% Contract Othe; 901,%: Total Resole _ Cash In -Kind )JECT MANAGEMENT COSTS $ $ $ $ $ rsonnel Full-time Site Manager Part-time Site Managers Secretary Transportation Driver Admimistrative Aide 4888.00 6:032.00 5,190.0 5,190.0 4,888.0 6,032.0 12,544 5,520 Total Personnel 10,920.00 5,190.0 16,110.0 18,064 ;ef i is FICA Insurance Secretary and Other (Describe) D iver Administrative Airde 2,730.00 2,073.0 1,38( FFul - ime fits MMana er FBr1-Elms, S1€e Managers — 1,297:II0 , 871 Total Benefits _ 2,�Q,g� 11,1�g 4,027.00 2 5! ff Travel 500 miles @ C per mile. 0days 10( _@ � per day. Staff out of town actual expense 50( 601 Total Staff Travel --- — er Administrative Costs jipment and Supplies) tal Administrative Costs 1L PROJECT MANAGEMENT COSTSF= (OVER) 00 00 ,00 .00 .00 .00 .00 .00 1.00 S�( . ' age two. ^.Dc Budget Justification SPAG Contractor lQZ Contract Other Budget Category 90*/" casil In Kind Total Resou nyoA Commodities » 'Wer xuva $/,410oW30 in»portat`oo rsonnel Total Personnel i pment Furniture m,noir office Supplies Postage Building Maintenance Total Equipment Plios nzpeuu°ule x"�"ltex ` Food Related Cleaning Total Supplies |ding & Utiliti es ' `e^°p"""= TOTAL MEAL COSTS Delivery Cost TOTAL PR0JECT,CUSTS .00 Part II ATTACHMENT G Special Conditions for Nutrition Congregate Services City of Lubbock Contractor Name Code This contract is in the amount of $ 78,260.00 including $ 70,434.00 Budget Total SPAG and $ 7,826.00 as described in the budget justification. Contractor Contractor agrees to provide an average of 301 meals per day for the contract period which is a total of 39,130 meals for the period of the contract. Contractor further agrees to deliver congregate meals in accordance with the following conditions: 1. Hot meals shall.be provided in a congregate setting at least five days per week, according to a published schedule. 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 nitrition consultant. 7. The Contractor shall prepare 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 made for the transportation of commodities, where applicable, and for the storage and use of U.S.D.A. commodities. (over) 10. Cash provided in lieu of commodities shall be spent only for buying U.S.D.A. commodities and other food. 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 Human Resources. Auth ized Contractoy Signature .':I...6 . ',.r,,II.=..i.1.'9.`w..:'}ifL�v.w.�...:.:....... :�.I Y...u..il.w.'::., wi. a. ,r..I Nal:iil f .w .A.cflr:..� f. :} r .'.✓llk+A'+�wA� PROGRAM INCOME SUMMARIZE PLANNED RECEIPTS AND EXPENDITURES OF PROGRAM INCOME FOR THE CONTRACT PERIOD. _ Program Income expected during current contract period (if any). Explain sources of expected program income during contract period. 12,130.30 Program income expected during current contract period (if any) Explain sources of expected program income during contract period. 301 meals x 31e, x 130 days 12,130.30 TOTAL EXPECTED RESOURCES FROM PROGRAM INCOME DURING CONTRACT PERIOD. Planned Use of Program Income Expenditure Category For Contractor Match Used as Other Resources Personnel 5,190.00 Benefits I297.00 _ _ _ _ _ 2 258.00 _ Building_Space _600.00___ ` Expendable Supplies 739.00__ __ __ _1 L00.00 Raw Food 746.30 Total Program Income 7,826.00 4,304.30 5!� SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Aging Programs IIIc Budget Justification A separate Budget Justification is required for each Part 11 Special Condition Attachment. to the contract. _ City of Lubbock _ �' Contractor Name Contractor Code Home Delivered Meals 07 / 01 / 81 / A to / 09 / 30 / 81 Type of Service _ Term of Contract Expenditure'Category SPAG Contractor 10% Contract Othe, 901; Total Rescu _ Cash In -Kin )JECT MANAGEMENT COSTS $ $ $ $ $ sonnel Director 113.00 113/00 Total Personnel 113.00 113.00 refits FICA Insurance Other (Describe) Total Benefits ff Travel miles @ t per mile. _days @ $— per day. Total Staff Travel er Administrative Costs jipment and Supplies) tal Administrative Costs AL PROJECT MANAGEMENT COSTS (OVER) Sn 'age -two ' * !'Tic Budget Justification SPAG Contractor 10% Contract Other Budget Category 9W, Cash In -Kind Total FRe S 0 U AL COSTS ^F»»d Other rvvu 4xl3oz$1,41 ansportat1oo rsonnel Total Personnel ,ipmpnt Total Equipment :)lies »euz Containers Total Supplies din0 Space & Utilities TOTAL MEAL COSTS Delivery Cost TOTAL PROJECT COSTS PROGRAM INCOME SUMMARIZE PLANNED RECEIPTS AND EXPENDITURES OF PROGRAM INCOME FOR THE CONTRACT PERIOD. U Program Income expected during current contract period (if any). '— Explain sources of expected program income during contract period. TOTAL EXPECTED RESOURCES FROM PROGRAM INCOME DURING CONTRACT PERIOD Planned Use of Program Income Expenditure Category For Contractor Match Used as Other Resources Total Program Income L 5F, Part II ATTACHMENT H Special Conditions for Nutrition Home Delivered Services City of Lubbock Contractor Name o�— This contract is in the amount of $ 1,127.00 including $ 1,014.00 Budget total SPAG and $ 113.0o as described in the budget justification. Contractor Contractor'agrees to provide an average of _meals per day for the contract period which is a total of 540 meals for the period of the contract. Contractor further agrees to deliver hot meals to the home in accordance with the following conditions. 1. Meals shall be provided five days per week. 2. As assessment of need shall be conducted before beginning delivery of meals. 3. Meals shall be hot when delivered. 4. Where feasible meals shall be delivered to eligible persons when weather related emergencies arise. 5. The Contractor shall comply with all state and local laws and ordinances concerning preparation, handling and serving of food. 6. Special menus, where feasible and appropriate, shall be prepared to meet dietary needs arising from health requirements, religious require- ments, or ethnic backgrounds of eligible participants. 7. Food containers and utensils for blind and handicapped participants shall be provided. 8. 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. 9. The Contractor shall prepare food in accordance with recipes provided. 10. Each participant shall be provided the opportunity to have milk with the meal. 11. Appropriate and cost effective arrangments shall be made for the transporta- tion of commodities, where applicable, and for the storage and use of U.S.D.A. commodities. (over) 12. Cash provided in lieu of commodities shall be spent only for buying U.S.D.A. commodities and other food. 13. Participants shall be assisted in taking advantage of benefits available to them through the Food Stamp Program. 14. The Contractor shall coordinate with the Food Stamp Program administered by the Texas Department of Human Resources. Authorized ontra for Signa ure IZ Part III Assurances Part III - Assurances The Contractor assures that he will maintain documentation to substantiate all of the assurance items. Such documentation will he subject to SPAG review for adequacy and completeness. 1. Conr fiance with Requirements The Contractor agrees to administer the program in accordance with the Act, and all applicable regulations, the policies and procedures established by SPAG, 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 Regnir_ements The Contractor's shall adhere to administrative and cost principles which are in compliance with relevant provisions of 45 C.r.R. Part 74 except where these pro- visions 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 rederal 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. 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 service 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. Equal Opportunity and Civil_Riyhts_. a. Equal Employment Opportunity The Contractor shall incorporate in its written personnel policies and procedures an affirmative action plan for equal employment opportunity including provisions for disabled veterans and handicapped individuals. b. Non -Discrimination on the Basis of Handicap The Contractor shall provide that cacti program activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. When structural changes are required, these changes shall be in keeping with 45 C.F.R. Part 74. C. Civil Rights Compliance The Contractor shall ensure that benefits and services available under the contract are provided in a nondiscriminatory manner• as required by Title VI of the Civil Rights Act of 1964, as amended. 9. Managing Property Purchased with Federal Funds The Contractor shall maintain a property control system ensuring adequate safe- guards for property purchased under terms of this contract. 0. Outreach, Training and Coordination Rectuirements a. The Contractor shall provide a written plan for outreach to ensure participation of eligible persons, including those with the greatest social or economic needs. b. The Contractor shall participate in training \ s provided by SPAG. C. The Contractor shall coordinate its service/s'with other service providers in the region. 1. Preference for Older Persons with Greatest Economic or Social Need The Contractor shall preferentially provide services to eligible persons with the greatest economic or social need. 2. 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 , to safeguard and account for such contributions, and to use such contributions to expand services. The Contractor may post. a suggested contribution schedule based on income ranges of eligible pm•licipnnt.s in the conmunity. Service shall not be denied because the eligible jm rl.it.ipant will nut. or cannot contribute. 13. Maintenance of Non- Federal_Suppyrt for Services The Contractor shall not replace funds from Non -Federal sources with federal funds. The Contractor agrees to continua or to initiatr efforts to obtain support from other sources for services fuAded under this part. ,4. 0 portunity for Older Persons to Advise_fon�ractors Contractors who operate focal points in the cnnnuurtity must assure collocation of services, where feasible. J 0 AlChorized Co trac or Sign4fure