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HomeMy WebLinkAboutResolution - 2000-R0078 - Contract - SPAG - Pass-Through Funds, TX Dept. Of Aging, US Dept Of Agriculture - 03/23/2000Resolution No. 2000-R00 78 March 23, 2000' Item No. 22 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 23rd day of ATTEST: /(MJ -11A, - . - l VkAA--1 arnell Ci cretary APPROVED AS TO CONTENT: 9 Tommy alez Director of Civic Services APPROVED AS TO FORM: illiam"de Haas Competition and Contracts Manager/Attorney Ccdocs/SPAG Pass-through funds for Senior Meal Program -Res March 8, 2000 March 2000. i2 1• 0 1•■ Resolution No. 2000-ROO78 March 23, 2000 Item No. 22 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 23rd day of March 2000. CONTRACTOR WINDY SITTON; MAYOR Taxpayer ID# 17560005906 ST: e" Darnell, Ci:ty., S Sufficient funds are available or have been obligated to South Plains Association of Governments to pay the amounts specified by this contract. Z15L,60 SPAG irector ollinance Date and accented on behalf of South Plains Association of Governments . Casgtevens, Executive Director 1 This contract is entered into on the 1st of October 1999, by and between SOUTH PLAINS ASSOCIATION OF GOVERNMENTS (hereinafter referred to as "SPAG") and CITY OF LUBBOCY, 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 fifteen thousand nine hundred sixty-six Dollars ($115,966.00) 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 $99,466.00 4.48 ATTACHMENT A $ ATTACHMENT B $ ATTACHMENT C $16,500.00 6.12 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 $ 11,948.00. 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, 1999 and end on September 30, 2000. 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. li !I I:{ 1 II. 1. 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. 2 PART II GENERAL CONDITIONS 1. AUTHORITY Resolution No. 2000-R0078 March 23, 2000 Item No. 22 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. 3. 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 V ,, 1, 1 i ,i; m r 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 project. (3) Program income received as contributions will be accounted for daily by at least two persons. (4) Program Income MUST BE REPORTED TO SPAG 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. 9 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 parry 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 ND 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. 19,411 It 4 a 9X1%7��_: "lf 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. 16 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. 2000 R0078 March 23, 2000 Item No. 22 11"W" %% 0 W4L01 1Z 1 -VIA" Special Conditions for Nutrition Congregate Meals Services CITY OF LUBBOCK This contract obligates SPAG to a maximum of 99,466.00 Federal and State dollars. CONTRACTOR must match these dollars with a minimum of $10,114.00 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 IIIC meal, meeting at least 1/3 the Recommended Dietary Allowance (RDA) as established by the Food and Nutrition Board of the National Academy of Sciences, that is served in a Title IIIC nutrition site to a person 60 years of age or older or the spouse of an eligible person. 3. CONTRACT GOAL The goal of this contract is to provide nutrition congregate services for at least 1,500 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 63,000 units of nutrition congregate service at a total unit rate of $ 4.48 during the term of this contract. Title IIIC reimbursement will pay for 22,202 eligible units served for a maximum of $99,466.00 Federal and State dollars. CONTRACTOR agrees to deliver congregate meals in accordance with the following conditions: 1. Hot meals shall be provided in a congregate setting at least 5 days per week, according to a published schedule and menu. 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. S. 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. 6 , I �C-� / 1A AutGrized Contractor Signature PART IV ATTACHMENT D Special Conditions for Transportation CITY OF LUBBOCK This contract obligates SPAG to a maximum of $16,500.00 Federal dollars. The CONTRACTOR must match these dollars with a minimum of $1,833.00 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 120 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 8,600 units of transportation service at a total unit rate of $6.12 during the term of this contract. Title HIB reimbursement will pay for 2,696 eligible units served for a maximum of $16,500.00 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. Aujgorized Contractor Signature Resolution No. 2000-x0078 March 23, 2000 Item No. 22 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: YThe 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 G, ' / a v OCA VENDOR ID NO./FEDERAL EMPLOYER'S ID NO. /-7,5 600-0920(2 Signature of Authorized Representative Jam%. '//,'�..,, cfe- �-/a o, r Printed/Typed Name of Authorized Representative �- 0'- ^ e r Title of Autha6zed Representative Date THIS CERTIFICATION IS FOR FY 2000, PERIOD BEGINNING 10/1/99 and ENDING 9/30/2000. 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(8) (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." GRANT 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. 2000-R0078 March 23, 2000 Item No. 22 Title 40. SOCIAL SERVICES AND ASSISTANCE Part IX. TEXAS DEPARTMENT ON AGING Chapter 270. GENERAL SERVICE REQUIREMENTS § 270.5 Nutrition Service Requirements (a) Scope. These rules apply to all congregate and/or home -delivered nutrition services provided in accordance with § 270.1(b) of this title (relating to Scope of General Service Requirements). (b) Congregate Nutrition Services Program Description and Performance Requirements. (1) Service outcome. The service outcome is to promote better mental and physical health for older people through nutritious meals and socialization. Congregate nutrition services shall be a part of a system of services to promote independent living for the elderly by serving as a focal point for services. (2) Service activities. Service activities include provision of meals and nutrition education in a group setting in a nutrition site, senior center, or multipurpose senior center with ongoing nutrition outreach. Other services, including information and referral, access to congregate meal sites, health and educational programs, or recreational activities may also be provided by resources other than the Older Americans Act. (3) Eligibility. Eligibility criteria shall comply with provisions stated in the Older Americans Act, § 307(a)(13)(A) and (I), concerning eligibility. (4) Schedule of meal service. The service provider agency shall serve meals in accordance with provisions stated in Older Americans Act, § 331, Subpart 1, concerning Program Authorization. (5) Participant intake requirements. The service provider agency shall maintain official files containing information which identifies regular participants, documents eligibility, and gives procedures for emergency care. (6) Meal service requirements. Nutrition providers shall develop procedures which provide for safety, sanitation, accessibility and convenience needs of participants, and efficiency of service, and shall include the following: (A) using correct portion sizes and utensils as specified on menu; (B) adherence of staff and volunteers to food sanitation requirements; (C) taking food temperatures to document that safe temperatures are maintained; and (D) assisting participants with trays who have physical difficulties. (7) Food Sanitation. Potentially hazardous foods shall be kept at a safe temperature as stated in the Texas Department of Health Division of Food and Drug "Rules for Food Service Sanitation." (8) Holding period. 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. (9) Nutrition outreach. Nutrition outreach shall be conducted with emphasis on the preferred target group as defined in § 260.1(f) of this title (relating to Area Agency on Aging Administrative Requirements). (10) Nutrition education. 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 the Department's procedures. A written plan of nutrition education programs which includes subject matter, presenter, and materials used, shall be developed. (A) The programs shall address the nutritional needs of seniors and be approved by a qualified dietitian or county extension agent -family and consumer scientist (home economist), prior to implementation. (B) The content of all programs shall be developed or distributed by a qualified dietitian, county extension agent, or other sources promulgated by Texas Department on Aging. (C) Written documentation shall be kept of programs presented to verify that the requirements are being met. (11) Facility access. All nutrition sites shall comply with Americans with Disabilities Act relating to access. (c) Home -Delivered Nutrition Service Program Description and Performance Requirements. (1) Service outcome. The service outcome is to promote better health for homebound older persons who are eligible for nutritious home -delivered meals. (2) Service activities. Service activities include provision of meals and nutrition education in the home, with ongoing nutrition outreach, and appropriate referral to other services. Other in-home services may also be provided by resources other than the Older Americans Act. (3) Schedule of meal service. The service provider agency shall provide home delivered meals in accordance with the Older Americans Act, § 336, Subpart 2, concerning Program Authorization. (4) Eligibility. Procedures shall be developed and implemented for determination of eligibility and assessing the need for service so that meals are delivered only to eligible persons as defined in § 270.6 of this title (relating to Participant Assessment). (5) Participant records. Records for regular participants shall be maintained, as defined in § 270.8 of this title (relating to Data Management). (6) Conditions for referral to other services. Participants shall be assisted in taking advantage of other services. Participants shall be referred to appropriate agencies as wan -anted by their condition and in accordance with the Department's procedures. (7) Meal delivery. Procedures for meal delivery shall be developed in accordance with the Department's procedures which require maximum sanitation and safety for the participant. (8) Meal packaging. Supplies and carriers will be used so that hot foods are packaged and transported separately from cold foods. (A) Meal carriers used to transport trays or containers of potentially hazardous food and other hot or cold food will be enclosed to protect such food from contamination, crushing, or spillage and be equipped with insulation and/or supplemental hot or cold sources as is necessary to maintain safe temperatures. (B) Meal carriers shall be cleaned and sanitized daily or have a sanitized inner liner. (C) Meal packaging must meet the following criteria: (i) be sealed to prevent moisture loss or spillage to the outside of the container; (ii) be designed with compartments to separate food items for visual appeal and minimize spillage between compartments; and (iii) be easy for the participant to open. (9) Holding period. 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 delivered. Hot and cold foods shall be maintained at safe temperatures throughout transport. (10) Frozen, chilled, or shelf -stable meals. These meals shall be prepared and served in accordance with the Department's procedures and may be used only if the following conditions exist. (A) Sanitary and safe conditions can be provided by the service provider and the participant for storage, thawing, and reheating. (B) 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. (11) In-house monitoring. Monitoring shall be conducted by the service provider to document that holding time, safe temperature, and quality of meals are maintained. (12) Nutrition outreach. Nutrition outreach shall be conducted with emphasis on the preferred target group as defined in § 260.1(f) of this title (relating to Area Agency on Aging Administrative Requirements). (13) Nutrition education. Nutrition education shall be provided at least once per month in accordance with the Department's procedures. A written nutrition education program plan/procedure shall be developed which outlines activities to be performed which shall include materials sent to the home, a home visit, and/or a telephone contact. (A) The plan shall address the nutritional needs of home -bound seniors and be approved by a qualified dietitian or county extension agent -home and consumer scientist (home economist). (B) The content of all materials sent to the home shall be developed or distributed by a qualified dietitian, county extension agent, or other sources promulgated by the Texas Department on Aging. (C) Written documentation shall be kept of programs presented to verify that requirements are being met. (d) Requirements for Meals. (1) Dietary Guidelines for Americans and Recommended Dietary Allowances. Each meal shall comply with provisions in the Older Americans Act, Subpart 4, § 339, concerning compliance with Dietary Guidelines and Recommended Dietary Allowances. (2) Menu Approval. Each menu cycle shall be approved as meeting requirements established in § 270.5(d) of this title (relating to Requirements for Meals), by a qualified dietitian and documented in accordance with the Department's procedures. Provider shall develop a procedure on approval of substitutions. (3) Nutrient analysis. Nutrient analysis shall be documented in accordance with the Department's procedures. (4) Menu patterns. The standard menu pattern shall be in accordance with the Department's procedures. (5) Modified Diets. Therapeutic medical diets may deviate from the standard menu pattern as required by the participant's special needs and medical condition and be in accordance with the Department's procedures. (6) Menu monitoring. Each menu, as served, shall be kept on file for monitoring purposes. (e) Administrative Responsibilities for Nutrition/Meal Service Providers. (1) Compliance with Older Americans Act. All providers shall comply with all provisions on nutrition contained in the Older Americans Act, as amended. (2) Nutrition objectives. Objectives shall be adopted by providers which are specific, verifiable, and achievable concerning number and frequency of meals to be served, number of people to be served, and percent of minority participation. (3) Nutrition Outreach. A plan shall be developed for nutrition outreach. (4) Project advisement. Each nutrition provider shall comply with the Department's procedures concerning the Older Americans Act, § 307(a)(13)(F), concerning project advisement requirements. (5) Compliance with laws and regulations. The nutrition/meal provider agency shall use procedures that are in compliance with all applicable state and local fire, health, sanitation, and safety laws and regulations. All food preparation, handling, and serving activities shall comply with Texas Department of Health Division of Food and Drug "Rules on Food Service Sanitation." (6) Food production. Food production shall be planned and managed through 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. (7) Foodbome illness complaints. The provider agency shall promptly initiate investigation by local health authorities of complaints involving two or more persons with symptoms of foodborne illnesses within a similar time frame after consuming food from the nutrition/meal provider agency. Providers shall report such complaints as required in the Department's procedures. (8) Modified diets. Therapeutic medical diets for individual, specific diagnoses shall be served in accordance with the Department's procedures. (9) Weather-related emergencies, fire, and other disasters. (A) Facilities and equipment of the nutrition/meal provider agency shall be available in emergencies and disasters according to a plan that puts needy regular elderly participants as a priority. (B) The nutrition/meal provider agency shall adopt written procedures to provide for the availability of food to participants in emergencies and disasters. (10). Director of the nutrition/meal provider agency. The service provider agency shall identify an individual as director who is responsible for the overall management of nutrition services and compliance with performance requirements, standards, and procedures. (A) The director or another employee responsible for food service management shall complete the 15 -hour course in food protection approved by the Federal Food and Drug Administration, or the course approved by the Texas Department of Health, or an equivalent course approved by this Department as specified in the Department's procedures. (B) The course completed shall comply with local health ordinances, if applicable. (11) Staff orientation and training. Orientation for the director, staff, and volunteers shall be adequate to provide for safe, appropriate, and efficient services to the elderly, and compliance with all appropriate requirements and procedures. (A) Content of orientation and training will be in accordance with the Department's procedures. (B) All orientation and training shall be documented and kept on file for monitoring purposes. (12) Health Inspections. It is the responsibility of the nutrition/meal provider that all kitchens where food is prepared are inspected by the Texas Department of Health, or local health authority. (13) Recordkeeping and reporting. In addition to provisions in § 270.1(h) and (i) of this title (relating to Recordkeepmg and Reporting), nutrition/meal providers shall comply with the Department's procedures. (14) Contributions. Provider shall comply with provisions in § 270.16) of this title (relating to General Service Requirements) and § 260.2(g)(2) of this title (relating to Area Agency on Aging Fiscal Responsibilities). (A) Contributions shall be used only to expand nutrition services, including: (i) outreach; (ii) nutrition education; or (iii) transportation services that will increase attendance at nutrition sites. (B) The service provider agency shall accept the Texas Lone Star Card to make contributions for meals if justified by evaluation of local need and deemed cost effective. (15) Other program income. The provider agency shall recover at a minimum the full meal cost as defined for ineligible meals for staff and guests under age 60. Payment for ineligible meals shall be receipted 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 for guests. (16) United States Department of Agriculture assistance. United States Department of Agriculture assistance for meals served in the form of cash, and/or commodities shall be used in accordance with the Older Americans Act, § 311, concerning surplus commodities; the United States Department of Agriculture Food Distribution Regulations, Code of Federal Regulations, Part 250; the Texas Department of Human Services; and the Texas Department on Aging. All eligible meals, regardless of the funding source, shall be reported to the area agency. USDA cash shall be used to purchase only United States grown food. (17) Negotiation of contracts. Subcontractors will negotiate a rate of payment based on the base meal rate, as identified in § 270.5(f)(7) of this title (relating to Area Agency on Aging Responsibilities). The Department adopts a meal rate ceiling of $4.88 for Home Delivered Meals or such rate ceiling as may be established by the Texas Department of Human Services for Home -delivered meals (formerly called Title XX, Home -delivered meals). (f) Area Agency on Aging Responsibilities. (1) Policies and Procedures. The area agency shall develop and implement written policies and procedures for the following: (A) compliance with the Older Americans Act, § 307(a)(13)(1); (B) conducting periodic evaluations of home -delivered meal recipients' records of assessment and reassessment to verify that eligibility criteria for home -delivered meal services are met; (C) verification that all providers 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 250; that only eligible meals served by Older Americans Act funded projects are reported for USDA cash/commodity reimbursement; and that cash will be used to purchase only United States grown food. (2) Compliance requirements. Area agencies are responsible for the following: (A) compliance with the Older Americans Act, § 3 07(a)(1 3)(A) -(K), Part C, Subpart 1, 2, 3, and 4, and § 306(a); (B) all meals meet requirements as specified in subsection (d) of this section, relating to requirements for meals; (C) consistent procedures for waiting lists are used by providers and case management units; and (D) service provider agencies have made appropriate arrangements for availability of meals in weather-related emergencies and disasters. (3) Staffing for nutrition contract management duties. One or more staff or consultants shall be designated by the area agency to manage nutrition service contracts. The minimum qualification for the nutrition contract management staff or consultant shall be: (A) completion of a 15 -hour course in food protection approved by the Food and Drug Administration, or the course approved by the Texas Department of Health, or an equivalent course approved by this Department as specified in the Department's procedures; or (B) a registered or licensed dietitian. (4) Monitoring. In addition to § 260.1(e) of this title (relating to Area Agency on Aging Administration Requirements), the area agency shall comply with the Department's procedures. (5) United States Department of Agriculture direct reimbursement. (A) United States Department of Agriculture cash distribution to meal providers shall be based on a lump sum method that is based on eligible meals served. Annual settlements will be calculated at the final United States Department of Agriculture reimbursement rate times the total number of reported eligible meals served during the fiscal year; (B) an alternative distribution method that is based on an evaluation documenting greatest need for additional services or resources, or efficient use of resources may be used by the area agency; or (C) if meals are purchased through a direct purchase of service agreement with a vendor, USDA cash shall be used by the area agency to purchase additional eligible meals as needed. (6) Direct purchase of service agreements. Such agreements may be made with vendors for meal preparation only. Other requirements contained in this section, Nutrition Service Requirements shall be the responsibility of the area agency or may be contracted separately, as appropriate. (7) Negotiation of contracts. (A) In using the unit rate performance based contracting method to procure Home Delivered Meals, potential subcontractors must establish a base meal cost, consisting of four categories: food costs, labor costs to produce meals, meal delivery costs, and administrative costs directly associated with the cost categories listed in this subparagraph. Rates are to be based on actual, cash costs of production, excluding estimates of volunteer time, and the value of contributed goods and services. The base meal cost, determined as an aggregate of these four cost categories, must be the basis of negotiation between the area agency contractor and all respondents to requests for proposal to establish a cost for home delivered meals. (B) Costs of services other than the base meal rate must be reported in other service categories, as explained in § 270.6 of this title (relating to Participant Assessment), and in § 270.8 of this title (relating to Data Management). (C) When an area agency contractor identifies the specific costs included in the Title III contracted rate that result in a higher rate of payment to a subcontractor than in other contracted rates in force, the area agency will provide documentation that identifies additional costs, the effective rates for each contract, and rationale for including any additional costs as necessary and reasonable to the provision of meals. Source: The provisions of this § 270.5 adopted to be effective January 12, 1995, 19 TexReg 10567; amended to be effective January 23, 1997, 22 TexReg 759. Resolution No. 2000-800 78 March 23, 2000 Item No. 22 Title 40. SOCIAL SERVICES AND ASSISTANCE Part IX. TEXAS DEP_J%RTN1ENT ON AGING Chapter 270. GENERAL SERVICE REQUIRETN E` -TS § 270.11 Health Promotion Requirements (a) Purpose. This chapter establishes the rules to be followed when area agencies on aging contract for or purchase the delivery of health services authorized for the elderly by the Older Americans Act in their planning and service area. (b) Scope. This rule applies only to Older Americans Act funded services. Health promotion services not provided with Older Americans Act funds are not subject to these rules. (c) Objectives. (1) The overall objective of health promotion is to reduce disease and disability; to reduce the prevalence of risks to health or to increase behaviors known to reduce such risks; and to increase comprehensiveness, accessibility, and/or quality of preventive services and preventative interventions. (2) The area agency on aging has a role to coordinate resources, and where none exists, to create a way to fill the gaps in services. Therefore, in an effort to prevent duplication of existing community resources, the area agency will make every effort to purchase services for which no other resource can be identified. (d) Health promotion outcome. The level of health and wellness of those persons aged 60 years and older is increased by the utilization of community based initiatives and the coordination with health care providers. (e) Service activities. Any one or more of the following shall describe a health promotion program. (1) Health screening or monitoring shall identify people at risk and refer them to the appropriate follow-up services. These services may be provided to senior centers, nutrition sites, at health fairs, other community settings, or in individuals' homes, in some circumstances. (A) Health screening shall include one or more of the following evaluations: (i) blood pressure; (ii) hearing; (iii) vision; (iv) dental; (v) podiatry; (vi) nutritional status; (vii) blood tests; (viii) urinalysis; (ix) medication management, (x) home injury control safety; and (xi) depression. (B) The provider shall ensure that individual participants are made aware of health services available to them in their communities for appropriate follow-up care. (2) Health maintenance services are provided by a health professional and shall include one or more of the followine: (A) medical treatment; (B) in-home health education; (C) home health services (nursing, physical therapy, speech or occupational therapy); or (D) the provision of medications, glasses, dentures, hearing aids, or other assistive devices. (3) The health counseling service category may also include specific counseling services. Some of the types of counseling are: (A) gerontological; (B) caregiver; (C) social service; (D) nutrition; (E) mental health; and (F) medication compliance. (4) Health education shall be provided to participants in the following manner. (A) Service providers shall consult health professionals specifically trained in appropriate health- related fields in the planning and implementation of health education services. The provider agency shall employ licensed and'or certified professionals who meet the appropriate laws for the service. (B) Service proNiders shall refer and/or coordinate activities with local public and/or private health centers, which may include community health centers, federally qualified health centers, regional or local health departments, hospitals, voluntary health associations, registered nurse clinics, and primary physicians. (C) Health education services shall educate individuals or groups about lifestyles and daily activities. These may include one or more of the following: (i) art and dance -movement therapy; (ii) programs in prevention or reduction of effects of chronic disabling conditions; (iii) alcohol and substance abuse reduction; (iv) smoking cessation; (v) weight loss and control; and (vi) stress management. (5) Mental health services shall be provided to individuals who have mental illnesses, emotional or social disabilities, or who may require support and treatment. Such support may include education, prevention, screening, referral and/or intervention. (f) Client eligibility-. (1) Health promotion programs shall be Provided for persons 60 years of age or older with priority given to meeting the needs of persons with the greatest economic or social needs; and/or medically under -served, or caretakers of the frail elderly. (2) Each participant shall sign a release form releasing both the instructor and the facility from any personal liability. (3) Where appropriate, each participant shall be informed of potential risk prior to participation in health-related activities. (g) Service provider eligibility. Health screening/promotion activities, and/or health maintenance shall be provided: (1) by an area agency on aging, in accordance with the provisions of § 260.2(f)(7) of this title (relating to Contracting); or (2) by an agency with which the area agency subcontracts; or (3) by providers from whom the area agency purchases services directly. (h) Staffing. (1) The service provider shall utilize persons who are trained or are in training and/or supervised appropriately for the service they administer. Any results of screening will be interpreted by the appropriate health professional. Staffing may be paid or volunteer. (2) Staff training shall be performed in accordance with Department procedures. (3) Each fitness or exercise instructor shall have current Cardio -pulmonary Resuscitation Certification (CPR). (i) Administrative requirements. Any agency providing health promotion programs shall comply with the administrative and other requirements specified in § _ 0.1 of this title (relating to General Service Requirements). 6) Monitoring and evaluation. The performance of agencies providing health promotion programs shall be monitored and evaluated in accordance with § 260.1(e) of this title (relating to Monitoring). Source: The provisions of this § 270.11 adopted to be effective January 4, 1995, 19 TexReg 10239.