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HomeMy WebLinkAboutResolution - 914 - Contract - SPAG - Senior Services - 09_24_1981AA:pc RESOLUTION 914 - 9/24/81 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 between South Plains Association of Governments and the City of Lubbock, which is 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 24th day of September ,1981. B M I T R, MAYOR .ATTEST: El;!Mfija, ity Se e r - reasurer APPRO AS CO ENT: J Weston, Director of Community Facilities APPROVED AS TO FORM: Angela Addms, Assistant City Attorney RESOLUTION 914 - 9/24/81 CITY SECRETARY.TREA51JRRR CONTRACT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS 14.4 SEQ and CITY OF LUBBOCK 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 CTTY 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 10/1/81 and shall terminate on SECTION 3. CONTRACT AMOUNT The sum of money obligated by SPAG to the CONTRACTOR under this contract shall not exceed $ 26,342.00 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 LNITIAL ATTACHMENTS SERVICES $ 19,342.00 ✓ )OPAttachment A Information and Referral $ 6.000.00 ✓ Attachment B Transportation $ Attachment C Friendly Visiting $ Attachment D Legal - {Community Service Advisor $ Attachment E-1 Senior Center Operations $ Attachment E-2 Residential Repairs $ Attachment E-3 Training $ Attachment F Multipurpose Center Development $ Attachment G Nutrition Congregate $ Attachment H Home Delivered Meal $ Attachment I Demonstration Program $ Attachment J Other ige 1 of 7 SECTION 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 $ 2,816.00 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 federally 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 47 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 City of Lubbock, % Dorothy Dailey Amass P 0. Box 2000 �t bock, TX 79457 48 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 request, 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 funds from the Texas Governor's Committee 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. 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 30 days of the final contract effective date. SPAG cannot guarantee payment of reimbursement requests received more than 30 days after the contract completion date. 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 Lubbock, TX 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. Page 4 of 7 49. 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 of 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 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, disclosed 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 *f 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 . Page 5 of 7 50. 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. 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: The City of Lubbock, % Dorothy Dailey P. 0. Box 2000 Lubbock, TX 79457 SECTION 15. AUTHORITY The authority on which 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 51. 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. 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 organization. Executed in Triplicate this24th day of September , 1981 tractor By: See Signatures Below Authorized Contractor Signature Reviewed: SPAG Direct9f of Fina,,VCe Approved and accepted on behalf of South Plains Association of Governments 0 az,—� Jerry I D—tasTtevens, Executive Director CITY LUBBOCK BY: ' IAV,� BIL cAL ST R. MAYOR ATTEST: Evelyn Gaffga, City :Secrd"tap'y� Treasurer ROV AS T�C OPEN (VJ /Ji�Weston; Director of Community Facilities APPROVED AS TO FORM: Angela AcWms, Assistant City Attorney Page 7 of 7 52. SOUTH PLAINS ASSOCIATION OF GOVERNMENTS " Aging Programs IIIb Budget Justification A separate Budget Justification is required for each Part II Special Conditions Attachment to the contract The City of Lubbock Contractor Name Contractor Code Transportation 10/ 1 / 81 / to / 9/ 30 / 82 Type of Service Term of Contract Expenditure Category SPAG 90% Contractor 10% Contract Total Other Resourc Cash In -Kind 'ersonnel $. $ $ $ $ Director's Salary 667.00 667.0 Total Personnel 667.00 667.00 enefits FICA Insurance Other (Describe) Total Benefits taff Travel @ t per mile. _____piles days @ _per day. Total Staff Travel uilding Space tilities (Including Telephone) uilding Renovation/Repair ontract Services (Describe) Total Contract Services .pendable Supplies (Describe) Total Supplies (OVER) 53. SOUTH PLAINS ASSOCIATION OF GOVERNMENTS • Aging Programs IIIb Budget Justification A separate Budget Justification is required for each Part II Special Conditions Attachment to the contract .City of Lubbock 4"W-W- aaa_a9_1o.,9r - Contractor Name Contractor Code Information and Referral 10 / 1 / 81 / to / 9 / 30 / 82 Type of Service Term of Contract Expenditure Category SPAG 90% Contractor 10%• Contract Total Other Resource Cash In -Kind ersonnel $. $ $ $ $ I&R Coordinator 12,594.00 12,594.0 Director 2,149.0 2,149.0 Total Personnel 12,594.00 2,149.00 14,743.0 3,148.00 3,148.0 eneI FICA ICA Insurance Other (Describe) Total Benefits 3,148.00 3,148.00 taff Travel miles @ t per mile. days @ per day. Total Staff Travel uilding Space tilities (Including Telephone) uilding Renovation/Repair :ontract Services (Describe) Total Contract Services xpendable Supplies (Describe) Total Supplies 4 (OVER) �� 53. - PART II ATTACHMENT A Special Conditions for Information and Referral The City of Lubbock Contractor's Name elP oo9-c9—/GS Code This contract is in the amount of $ 21,491.00 including $ 19,342.00 Budget Total SPAG and $ 2,149.00 as described in the budget justification. Contractor Contractor assures that information and referral shall be established and maintained such that eligible individuals within that service area will have reasonably convenient access to the services, including, to the extent possible, the provision of infor- mation and referral services in the language in which a significant number of older persons speak if other than English is their principal language. Bus dispatching will be a part of this service, where applicable. Information and Referral service is to provide: 1. Current information with respect to the opportunities and services avail- able to eligible individuals, and current lists of older individuals in need of services and opportunities are developed and maintained; 'and, 2. A trained staff member, or volunteers, to inform eligible individuals of opportunities and services which are available and, to the extent possible, assist them to take advantage of such services. uus dispatching is a service where 1. Requests for bus transportation may be made at times advertised by Contractor and consistent with contract requirements, and where 2. A bus dispatcher coordinates transportation requests with the bus driver. Au horize Contractor Signature BILL McALISTER. MAYOR AT EST: Z Evelyn Gaff , Cify Sec eta y- easurer ROV AS CO ENT: J Weston, Director of Community Facilities APPROVED AS TO FORM: j/ / f At Angela dams, Assistant City Attorney 59 Part II ATTACHMENT B Special Conditions for Transportation Services The City of Lubbock Contractor Name AA .0 69- a%/62. Code This contract is in the amount of $ 6,667,00 including $ (l,nnn_,n Budget total SPAG and $ 667.00 as described in the budget justification. Contractor 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 pick-up, demand/response or through a combination of both. Where a common need exists for transportation of participants under Titles XIX and XX of the Social Security Act, Contractor may enter into agreements with other agencies for the purpose of meeting these needs through coordination of efforts. r i Authorized Contractor Signature BILL MCALISTER, MAYOR AT;EST_:_ 6 . J- Jt�� :Evelyn Gaf ga, CTty Se retar reasurer APPK6VE AS TO ONTE T: i estop, ffirector of Community Facilities APPROVED AS TO FORM: d2k_� L%L!/� 1 Angela Acrams, Assistant City Attorney 60. IIIb,Budget Justification Page Two Expenditure Category SPAG 90% Contractor 10% Contract Total Other Resource Cash In -Kind auipment (List separately each item clued at $300 or more or having a 3eful life of more than one year). Total Equipment ther (Describe) Outreach Total Other TOTAL CONTRACT AMOUNT 3,600.00 3,600.00 3,600.00 3,600.00 $19,342.00 $ $ 2,149.00 $ 21,491.0 $ PROGRAM INCOME JMMARIZE PLANNED RECEIPTS AND EXPENDITURES OF PROGRAM"IINCOME FOR THE CONTRACT PERIOD. -0- Program Income expected during current contract period (if any). Explain sources of expected program income during contract period. -0_ 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 1 IIIb Budget Justification Page Two 1 Expenditure Category SPAG 90% Contractor 10% Contract Total Other Resource: Cash In -Kind auipment (List separately each item alued at $300 or more or having a seful life of more than one year). Total Equipment Cher (Describe) Gas, Oil, Maintenance Total Other TOTAL CONTRACT AMOUNT 6,000.00 6,000.00 6,000.00 6,000.00 $ 6,000.00 $ $ 667.00 $ 6,667.00 $ PROGRAM INCOME )MMARIZE 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. 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