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Resolution - 2001-R0034 - Contract For Pass-Through Funds - SPAG - 02/08/2001
Resolution No. 2001-R0034 February 8, 2001 Item No. 26 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, by and between the City of Lubbock and South Plains Association of Governments (SPAG), a Contract for pass- through funds from the Texas Department of Aging and the United States Department of Agriculture, and 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 8th day of February , 2001. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Tommy male Assistant City Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Uh/Ccdocs/SPAG-res June 7, 2000 Resolution No. 2001-R0034 February 8, 2001 Item 26 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 8th day of February 200f CONTRACTOR ATTEST: BY: PA-� AUTHORIZE C ACTOR. SIGNATURE Rebecca Garr WVI Sitton r1a or City Secretary Taxpayer IT# 17560605406 Sufficient funds are available or have been obligated to South Plains Association of Governments to pay the amounts specified by this contract. Jl� - 12 1 SA 0 SPAG Director of Finance Date Approved and acceptAon behalf of South Plains Association of Governments Jerry Dr Casstevhn' , Executive Director 1 APPROVED AS TO CONTENT: Tommy G zalez Assistant City Manager APPROVED AS TO FORM: Willi aas Cont t Manager/ , orney This contract is entered into on the 1 st of October 2000, 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 on Aging 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. 2. CONTRACT AMOUNT The sum total of Federal and State monies obligated by SPAG to the CONTRACTOR under this contract shall not exceed one hundred twenty thousand five hundred Dollars ($120,500.00) 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 ATTACHMENT AMOUNT PER UNIT $103,000.00 4.10 ATTACHMENT A $ ATTACHMENT B $ ATTACHMENT C $17,500.00 3.93 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 at least $ 13,389.00. 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 on Aging standards as published in the Texas Administrative Code (TAC). 3. 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, 2000 and end on September 30, 2001. This term may be extended upon written request by the CONTRACTOR and approval in writing by SPAG and the Texas Department on Aging. This contract, upon being fully executed, shall supersede any Intent to Contract covering the term of this contract. 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 AUTHORITY 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 on Aging 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 on Aging 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 on Aging to reimburse said CONTRACTOR. 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 on Aging. 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 on Aging 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 on Aging. d. Monthly payment will not exceed one -twelfth (1/12) of the yearly contract allocation, and in no case shall the CONTRACTOR be paid for more than its prorated monthly annual share. e. 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. f. 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 as required match shall be spent to achieve or expand the goals of this contract. a. Program Income MUST be used to meet the CASH match requirements. b. Program Income insufficient to meet match requirements shall be supplemented either by other 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, 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 proj ect. (3) Program income received as contributions will be accounted for daily by at least two persons. (4) Program Income MUST BE REPORTED TO SPAG 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. 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 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 on Aging 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. AUDIT When applicable, the CONTRACTOR shall provide and furnish SPAG an annual audit by an independent certified public accounting firm within two hundred seventy (270) days of the end of the CONTRACTOR'S fiscal years covered under the terms of this contract. The audit must cover the entire organization and be conducted in accordance with generally accepted auditing standards. Audits performed under this Section are subject to review and resolution by the SPAG or its authorized representative. 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. 10. SUSPENSION OR TERMINATION In the event project monitoring/evaluation activities by SPAG or its agents, or by the Texas Department 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 or terminate this contract upon fifteen (15) days written notice from SPAG to 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 on Aging; or 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. 10 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. 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 party'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. 11 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 M) has a right to appeal such action. Provider or Applicant must give notice of appeal to SPAG and the Texas Department on Aging within 30 days after it receives SPAG's action letter. Appeals will go before the SPAG Advisory 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 on Aging, 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. 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 12 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. 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. 13 8. Insurance Coverage 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. 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 14 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. 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. 15 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. 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 attorney's 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. 10 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. 17 Resolution No. 2001-R0034 February 8, 2001 Item No. 26 PART IV ATTACHMENT A Special Conditions for Nutrition Congregate Meals Services CITY OF LUBBOCK This contract obligates SPAG to a maximum of 103,000.00 Federal and State dollars. CONTRACTOR must match these dollars with a minimum of $11,444.00 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 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 RIC 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 1,800 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 71,250 units of nutrition congregate service at a total unit rate of $ 4.10 during the term of this contract. Title IIIC reimbursement will pay for 25,122 eligible units served for a maximum of $103,000.00 Federal and State dollars. CONTRACTOR agrees to deliver congregate meals in accordance with the following conditions: Hot meals shall be provided in a congregate setting at least 5 days per week, according to a published schedule and menu. 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 UDSA commodities. 10. Cash provided in lieu of commodities shall be spent only for buying USDA 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 Human 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 SPAG, in writing, at least 30 days in advance of the date nutrition education is to be scheduled each month. 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 270.5 Nutrition Service Requirements are appropriately followed. 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. e horized Contrac or Signature Resolution No. 2001-R0034 PART N ATTACHMENT D Special Conditions for Transportation CITY OF LUBBOCK This contract obligates SPAG to a maximum of $17,500.00 Federal dollars. The CONTRACTOR must match these dollars with a minimum of $1,944.00 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 150 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 12,000 units of transportation service at a total unit rate of $3.93 during the term of this contract. Title IIIB reimbursement will pay for 4,453 eligible units served for a maximum of $17,500.00 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. 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. - I � �- - A K; thorized Co actor Signature Resolution No. 2001-80034 PART V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Federal Executive Order 125.49 requires the Texas Department on Aging (TDoA) 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/subgrantee: "contract/grant" refers to both contract/grant and subcontract/subgrant. 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 on Aging 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 Agriculture or other federal department or agency, and/or the Texas Department on Aging, as applicable. Do you have or do you anticipate having subcontractors/subgrantees 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/subgrantee 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/subgrantees upon each subcontract's/subgrant'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, Deparment 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 may pursue available remedies, including suspension and/or debarment. 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 ID NO. 17560005906 �j� ature of Authorized epresentative William de Haas Printed/Typed Name of Authorized Representative Contract Manager/Attorney Title of Authorized Representative Date THIS CERTIFICATION IS FOR FY 2001, PERIOD BEGINNING 10/1/00 and ENDING 9/30/2001. Resolution No. 2001-R0034 DEFINITIONS Covered Contract/Grant and Subcontracts/Subgrants. (1) Any nonprocurement transaction which involves federal funds (regardless of amount and including such arrangements as subgrants) and is between the Texas Department of Aging or its agents/grantees and another entity. (2) Any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed the federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000) under a grant or subgrant. (3) Any procurement contract for goods or services between a participant and a person under a covered grant, subgrant, contract or subcontract, regardless of amount, under which that person will have a critical influence on or substantive control over that covered transaction including: a. Principal investigators. b. Providers of audit services required by the Texas Department of Aging or federal funding source. C. Researchers. DEBARMENT An action taken by a debarring official in accordance with 45 CFR Part 76 (or comparable federal regulations) to exclude a person from participating in covered contracts/grants. A person so excluded is "debarred." Cel I7VILH An award of financial assistance, including cooperative agreements, in the form of money, or property in lieu of money, by the federal government to an eligible grantee. INELIGIBLE Excluded from participation in federal nonprocurement programs pursuant to a determination of ineligibility under statutory, executive order, or regulatory authority, other an Executive Order 12549 and its agency implementing regulations: for example, excluded pursuant to the Davis -Bacon Act and its implementing regulations, the equal employment opportunity acts and executive orders, or the environmental protection acts and executive orders. A person is ineligible where the determination of ineligibility affects such person's eligibility to participate in more than one covered transaction. PARTICIPANT Any person who submits a proposal for, enters into, or reasonably may be expected to enter into a covered contract. This term also includes any person who acts on behalf of or is authorized to commit a participant in a covered contract/grant as an agent or representative of another participant. PERSON Any individual, corporation, partnership, association, unit of government, or legal entity, however organized, except: foreign governments or foreign governmental entities, public international organizations, foreign government owned (in whole or part) or controlled entities, and entities consisting wholly or partially of foreign governments or foreign governmental entities. PRINCIPAL Officer, director, owner, partner, key employee, or other person within a participant with primary management or supervisory responsibilities: or a person who has a critical influence on or substantive control over a covered contract/grant whether or not the person is employed by the participant. Persons who have a critical influence on or substantive control over a covered transaction are: (1) Principal investigators. (2) Providers of audit services required by the Texas Department on Aging or federal funding source. (3) Researchers. PROPOSAL A solicited or unsolicited bid, application, request, invitation to consider or similar communication by or on behalf of a person seeking to receive a covered contract/grant. SUSPENSION An action taken by a suspending official in accordance with 45 CFR part 76 (or comparable federal regulations) that immediately excludes a person from participating in covered contracts/grants for a temporary period, pending completion of an investigation and such legal, debarment, or Program Fraud Civil Remedies Act proceedings as may ensue. A person so excluded is "suspended." VOLUNTARY EXCLUSION OR VOLUNTARILY EXCLUDED A status of nonparticipation or limited participation in covered transactions assumed by a person pursuant to the terms of a settlement. Resolution No. 2001-R0034 Title 40. SOCIAL SERVICES AND ASSISTANCE Part IX. TEXAS DEPARTMENT ON AGING Chapter 270. GENERAL SERVICE REQUIREMENTS § 270.3 Transportation Service Requirements for the Elderly (a) Purpose. This section governs the provisions of transportation services authorized by the Older Americans Act to the elderly. (b) Applicability. (1) This section shall be used by the Texas Department on Aging, area agencies on aging, and all transit service providers authorized by the Older Americans Act. (2) Transportation services not funded or authorized in whole or in part by the Older Americans Act are not subject to these rules. (c) Outcome. Transportation services shall provide access to needed services which maintain the independence and dignity of the elderly. (d) Service Usages. (1) Transit providers authorized by the Older Americans Act shall provide transportation services to persons under the age of 60 to promote full utilization of all grant purchased and operated transit vehicles. (2) Transit providers shall recover the cost of their services to persons under the age of 60 or from other funding resources other than funds authorized by the Older Americans Act. The cost of transportation services to persons under the age of 60 shall be recovered from the person or program authorizing the transportation service or from other funding. (3) Eligible Older Americans Act participants shall not be denied transportation services by any transit providers funded by the Older Americans Act because they do not have the money to pay for and/or do not wish to contribute to the service. (e) Methods of service delivery. Transportation services shall be provided by: (1) public agencies, nonprofit agencies, private for profit agencies, and/or private individuals; and (2) area agencies and/or transit providers through subcontract, direct purchase of service, direct service or vouchers. (f) Components of the service delivery system. (1) At a minimum the transportation system shall provide non -emergency, curb -to -curb service as: (A) demand -response; (B) fixed route service; and/or (C) a combination of fixed route and demand response. (2) Transportation services shall be designed by transit providers in accordance with the Americans with Disability Act of 1990. (3) Transportation services shall be provided to and from activities only as specified in the provider's contract. (g) Area agency responsibility. (1) Area agencies shall specify the use of available funds in transportation request for proposals and shall require that request for proposal respondents specify which activities participants will be transported to and/or from. (2) Expenses incurred in providing services beyond the specified use identified in the request for proposal shall not be considered for unit rate determination. All such services shall be funded entirely apart from the Title III program. (h) Recordkeeping and reporting. Area agencies and transit providers authorized by the Older Americans Act shall comply with provisions of .§ 270.1(h) and (i) of this title (relating to General Service Requirements). (i) Compliance requirements. Area agencies and transit providers authorized by the Older Americans Act shall comply with § 254.3(l), (2), (19), and (20) of this title (relating to Support Documents), provisions of the Texas Traffic Laws pertaining to Motor Carrier, Texas Civil Statutes, Article 911b, Uniform Act, Texas Civil Statutes, Article 6701b, and Commercial Vehicle Lighting and Reflector Requirements; Miscellaneous Traffic Laws, Civil Practice and Remedies Code, Chapter 74, pertaining to the Good Samaritan Law; Human Resources Code, § 121.007; Drivers License, Texas Civil Statutes, Article 6687b, Article 6687b-2; Safety Responsibility, Texas Civil Statutes, Article 6701h, pertaining to Motor Vehicle Safety Responsibility Act, and the Texas Railroad Commission, 16 TAC § 5.171, and the Texas Traffic Laws relating to Evidence of Insurance Required. 0) Accident Reporting. Area agencies and transit providers authorized by the Older Americans Act shall follow the accident reporting procedures established by the Department. (k) Training. Transit providers authorized by the Older Americans Act shall provide transit staff with training in the areas of scheduling and dispatching, defensive driving, passenger handling and assistance, first aid, and CPR training. (1) Monitoring activities. Area agencies shall monitor activities in accordance with § 260.1(e) of this title (relating to Monitoring by the Area Agency on Aging). (m) Coordination. Area agencies and transit providers shall coordinate efforts to eliminate duplication and maximize resources. (n) Private or personal use of vehicles. Vehicles purchased all or in part with Older Americans Act funds shall not be used for personal business or pleasure. Source: The provisions of this § 270.3 adopted to be effective January 12, 1995, 19 TexReg 10567 Resolution No. 2001-R0034 :Texas Administrative Code Page 1 of 6 «Prey Rule 'Texas Administrative Code Next Rule>> TITLE 40 . SOCIAL SERVICES AND ASSISTANCE PART 9 TEXAS DEPARTMENT ON AGING CHAPTER 270 GENERAL SERVICE REQUIREMENTS RULE §270.5 Nutrition Service Requirements (a) Purpose. This rule establishes the requirements for providing congregate and/or home delivered nutrition services. (b) Eligibility. (1) Eligibility criteria shall meet the provisions stated in the Older Americans Act, §3 07(a)(1 3)(A) and (I) relating to eligibility. (2) Home delivered meal participants, at the time of service initiation, must meet the minimum score requirement on the DHS Form 2060 as established by the Department and must have demonstrated need. (3) Home delivered meal participants must be reassessed by the area agency on aging or the contract agency not less than once per year. (4) All meal participants must complete a Nutritional Risk Assessment not less than once per year. (c) Compliance with Laws and Regulations. The contract agency/vendor shall follow procedures and maintain facilities that are in compliance with all applicable federal, state and local fire, health, sanitation and safety laws and regulations. All -food preparation, handling, and service activities shall comply with Texas Department of Health Division of Food and Drug, "Rules on Food Service Sanitation." The contractor must provide a copy of all required inspection results to the area agency on aging within five calendar days of receipt of the results. (d) USDA Compliance. Contract agencies/vendors must comply with the Older Americans Act, §311, concerning surplus commodities and United States Department of Agriculture Food Distribution Regulations, 7 Code of Federal Regulations, Part 350; must ensure that only eligible meals served by Older Americans Act funded projects are reported for USDA cash/commodity reimbursement; and must ensure that cash will only be used to purchase food grown in the United' States. (e) Match. Contract agencies will provide a minimum of 10% cash or in-kind match. (f) Program Income. (1) Contract agencies will comply with the requirements described in 40 TAG §260.2 relating to program income. (2) Contract agencies shall recover at a minimum the full meal cost as defined for ineligible meals for staff and guests under 60. Payment for ineligible meals shall be receipied separately from contributions and handled the same as program income. The meal cost for purposes of cost recovery from staff and guests under age 60 shall be posted in a prominent location and easily visible to guests. (g) Facilities. Facilities must meet all requirements as described in Subsection (c) relating to Texas Administrative Code Page 2 of 6 compliance with applicable federal, state and local fire, health, sanitation and safety laws and regulations laws and regulations and the Older Americans Act, §307 (a)(13)(D). (h) Records. Contract agencies must comply with the requirements described in 40 TAC §260.1 (e) relating to records. (i) Service Days. The contract agency shall serve meals in accordance with the provisions identified in the Older Americans Act, §331 and §336 concerning program authorization. 0) Meal Requirements. Each meal shall comply with the provisions of the Older Americans Act, §339, concerning compliance with Dietary Guidelines for Americans and recommended dietary allowances. (k) Menus. (1) Each meal included on the menu and a list of allowable substitutions must be approved by a dietician consultant as meeting 1/3 of the recommended dietary allowance (RDA) for older adults and the Dietary Guidelines for Americans. The approval must occur and be documented prior to the date the meal is served. The dietary consultant must be a registered dietician who is: (A) licensed by the Texas State Board of Examiners of Dieticians; or (B) has a baccalaureate degree with major studies in food and nutrition, dietetics or food service management. (2) Planned menus should provide for variety in flavor, consistency, texture, temperature and variety. 0) Standard Recipes. Food production shall be planned and managed by the contract agency through the use of standardized recipes adjusted to yield the number of servings needed, and to provide for, consistency in quality and documented nutrient content of food prepared. (m) Modified Diets. (1) Therapeutic medical diets may deviate from the standard menu pattern as required by the participant's medical condition as documented by his/her physician. (2) The provision of therapeutic medical diets will be determined by a nutrition/meal provider agency's ability to provide therapeutic medical diets. (n) Frozen, chilled or shelf -stable meals shall be provided in accordance with the Department's procedures and may be used only if the following conditions exist: (1) Sanitary and safe conditions can be provided by the contract agency and the participant for storage, thawing and reheating. (2) Meals can be safely handled by the participant or by another available person when the participant is confused, frail or.otherwise disabled and unable to safely handle the meal. (o) Meal Packaging. (1) Supplies and carriers will be used so that hot foods are packaged and transported separately from cold foods. : Texas Administrative Code Page 3 of 6 (2) Meal carriers used to transport trays or containers of hot or cold foods that may be easily damaged will be enclosed to protect such food from contamination, crushing or spillage and will be equipped with insulation and/or supplemental hot or cold sources as is necessary to maintain safe temperatures. (3) Meal packaging must meet the following criteria: (A) be sealed to prevent the moisture loss or spillage to the outside of the container, and to maintain a safe temperature throughout transport; (B) be designed with compartments to separate food items for visual appeal and minimize spillage between compartments; and (C) be easy for the participant to open. (p) Holding Time. Holding time for hot food shall not exceed four hours from the time when the food is taken from the equipment in which cooking or reheating is completed until it is served to the participant. (q) Delivery of Home Delivered Meals. (1) Meals will be prepared and packaged so that delivery can be made within the preferred delivery window of 11:00 am to 1:00 pm. (2) Meals may not be left unattended. Written procedures for meal delivery shall be developed by the contract agency which require maximum sanitation and safety for the meal participant. (3) Contract agencies/vendors may be reimbursed for up to two consecutive deliveries per month per client when a meal is delivered and the participant is not home to accept it. However, contract agencies must have written procedures in place to ensure a follow-up :with participants when they are not home to receive meals. (4) Contract agencies must have written procedures in place to ensure significant changes in the meal participant's physical or mental condition or environment is reported, investigated and appropriate action is implemented within one business day following notification of the change. (r) Training. (1) The contract agency must provide at least one hour of training to all staff and volunteers who serve and/or deliver meals. Alternatively, the same information may be provided to staff and volunteers in an area agency on aging contract manager -approved written document. This information must be provided before staff assume duties and must include: (A) client confidentiality; (B) procedures used in handling emergency situations involving clients; (C) sanitary methods used in serving and delivering meals; (D) general knowledge and basic techniques of working with persons who are aged and persons who are disabled; and : Texas Administrative Code Page 4 of 6 (E) personal hygiene. (2) The contract agency must provide all staff, including volunteers who come in contact with clients in a capacity other than just serving or delivering meals, with at least two hours of training before assuming duties. Training must include: (A) client confidentiality; (B) procedures used in handling emergency situations involving clients; (C) sanitary methods used in serving and delivering meals; (D) general knowledge and basic techniques of working with persons who are aged and persons who are disabled; and (E) orientation in applicable Department, area agency on aging and contract agency forms, rules, procedures and policies. (3) The contract agency must provide the food service supervisor with at least two hours of training before assuming duties. The training must cover the following sanitation and safety areas: (A) personal hygiene; (B) food storage, preparation and service; (C) equipment cleaning before, during and after meal service; (D) selections of proper utensils and equipment for transporting and serving foods; and (E) automatic and manual dishwashing procedures. (4) The contract agency must provide the food service supervisor with at least six hours of training to be completed no later than 30 days after assumption of duties in the following food preparation areas: (A) practical procedures for food preparation, storage and serving; (B) portion control of food in appropriate dishes; (C) use of standardized recipes; (D) nutritional needs and meal pattern requirements of older adults to be served; and (E) quality control of: (i) flavor; (ii) consistency; (iii) texture; Texas Administrative Code Page 5 of 6 (iv) temperature; and (v) appearance (including the use of garnishes). (5) The food service supervisor must comply with the Texas Department of Health rules regarding the knowledge and demonstration of a food protection manager. (6) Verification of all training activities and the completion thereof as described in this Subsection must be maintained by the contract agency for monitoring purposes. (s) Nutrition Outreach. A written activity plan must be designed to identify eligible clients, with an emphasis on high risk clients within the .target population as identified in the Older Americans Act §306 (a)(1). This plan must be maintained by the contract agency for monitoring purposes. -(t) Nutrition Education. Nutrition Education must be provided on a monthly basis to congregate and home delivered meal clients. An annual written plan for nutrition education must be developed which identifies subject matter, presenter, materials used and source of information presented. This plan must be maintained for monitoring purposes. (u) Monitoring. (1) The contract agency will be monitored by the area agency on aging in accordance with 40 TAC §260.1 (d) relating to provider reviews or, for a vendor, 40 TAC §260.19 (f) relating to quality assurance. (2) The contract agency shall conduct in-house monitoring to document holding times, safe temperatures and quality of meals. (v) Weather -Related Emergencies, Fire and Other Disasters. (1) Facilities and equipment of the contract agency shall be available in emergencies and disasters according to a plan that puts high risk older participants as a priority. (2) The contract agency shall adopt written procedures to provide for the availability of food to participants in emergencies and disasters. (w) Complaints. (1) The contract agency must inform clients in writing of complaint procedures on or before initiation of service. Documentation of receipt of the complaint procedure by the meal participant must be maintained by the contract agency for monitoring purposes. (2) Contract agencies shall investigate and respond in writing to all written complaints in a timely manner. (3) The contract agency shall maintain documentation of complaints that includes but is not limited to: (A) the date the complaint is received by the contract agency; (B) who the complaint is from; : Texas Administrative Code Page 6 of 6 (C) the nature of the complaint; (D) the outcome of the complaint; and (E) the date final action was taken. (4) The contract agency shall promptly initiate investigation by local health authorities of complaints involving two or more persons with symptoms of foodborne illnesses within a similar timeframe after consuming food from the contract agency. Contract agencies shall report such complaints as required in Department procedures. (x) Subcontracting. If the contract agency intends to subcontract meal preparation and or service delivery, the contract agency must obtain written prior approval from the area agency on aging. (y) Customer Satisfaction Survey. (1) The contract agency must provide meal participants the opportunity to complete a customer satisfaction survey not less than once per year. (2) The contract agency will use the results from the completed customer satisfaction surveys to establish benchmarks and to make necessary improvements identified through the surveys. Source Note: The provisions of this §270.5 adopted to be effective September 3, 2000, 25 TexReg 8446 Ne= Page. Previous Page HONE I TEXAS REfi[3TER I Lei D1411111T iNf co PE fQPEN WEENGS 1 HELP 1 Resolution No. 2001-R0034 BUDGET WORKSHEET CERTIFICATION AS SIGNER OF THIS BUDGET WORKSHEET, I HEREBY CERTIFY THAT: • I have read the note below and the instructions applicable to this budget worksheet. • I have reviewed this budget worksheet after its preparation. • To the best of my knowledge and belief, this budget worksheet is true, correct and complete, and was prepared in accordance with the instructions applicable to this budget worksheet. • This budget worksheet was prepared from the books and records of the contracted provider. Note: The person legally responsible for the conduct of the contracted provider must sign this Budget Worksheet Certification. If a sole proprietor, the owner must sign the Budget Worksheet Certification. If a partnership, a partner must sign the Budget Worksheet Certification. If a corporation, the person authorized by the Board of Directors Resolution must sign the Budget Worksheet Certification. Misrepresentation of information contained in the budget worksheet may result in adverse action, up to and including contract termination. Furthermore, falsification of information in the budget worksheet may result in a referral for prosecution. ATTEST: City of Lubbock Windy Sittory Mayor f)� Rebecca Ga Name of Contracted Provider Printed/Typed Name of Signer City Secretary 41 ja� February 8, 2001 . Date dSigAature WINDY SITTON, MAYOR Signer Authority: (check one) ❑ Sole Proprietor ❑ Partner ❑ Corporate Officer ❑ Association Officer ❑ Board Member ❑ Governmental Official 8/17/00 - TDoA BUDGET WORKSHEET CALCULATION OF THE PER UNIT RATE 1. Total Budgeted Expenses for Contract Year (Amount in Item 8, Column D) 2. Total Number of Anticipated Units to be Provided (Item 10, Column D) 3. Less Mandatory Local Match of 10%** (Line 1 multiplied by .10) 4. TDoA Negotiated Unit Rate 5. TDoA Base Resources 6. TDoA Base Units ATTEST: Rebecca Garza _ City CITY OF LUBBOCKOC Name of Contracted Provider Windy Sitton, Mayor Printed/Typed Name of Signer �Iz�4�� Signature WINDY SITTON, MAYOR February 8, 2001 Date 1. $ 52.334 2. 12,000 3. $ 5.233 4. $ 3.93 5. $ 17,500 6. 4,459 SOUTH PLAINS ASSOC. OF GOVERNMENTS Name of Agency Jerry D. Casstevens, Executive Director PrintedfType Name of OQ�4��Cwoo Date BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1. Total Budgeted Expenses for Contract Year (Amount in Item 8, Column D) 1. $ 359,969.00 2. Anticipated Cash -in -Lieu Reimbursement 2. $ 35,625.00 (Total USDA Eligible Meals) 71,250 X 0.50 * When calculating the anticipated cash -in -lieu reimbursement, the rate used will be. 50 to compensate for any future drops in the USDA reimbursement rate. However, providers/vendors will receive payment for meals at the actual reimbursement rate paid by USDA which is currently .5405. 3. Net Expenses for Contract Year (Line 1 minus Line 2) 3. $ 324,344.00 4. Total Number of Anticipated Meals to be Provided (Item 10, Column d) 4. 71,250.00 5. Unit Rate After Cash -in -Lieu (Line 3 divided by Line 4) 5. $ 4.55 6. Less Mandatory Local Match of 10%** (Line 5 multiplied by .10) 6. $ 0.46 7. TDoA Negotiated Unit Rate (Line 5 minus Line 6) 7. $ 4.10 5. TDoA Base Resources 5. $ 103,000 6. TDoA Base Units 6. 25.140 CITY OF LUBBOCK Name of Contracted Provider --Win-ay-Sitton, Mayor Printed/Typed Name of Signer t ignature WINDY SITTON, MAYOR February 8, 2001 Date ATTEST: Rebecca Garza Ctiy Secretary SOUTH PLAINS ASSOC. OF GOVERNMENTS Name of Agency Jerry D. 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