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HomeMy WebLinkAboutResolution - 5227 - Agreement - CFS - CSBG Funds, Self-Sufficiency Services - 07/25/1996RESOLUTION NO.5227 July 25, 1996 Item #19 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 an Agreement, and all related documents, by and between the City of Lubbock and Catholic Family Services, granting $112,102.00 of Community Services Block Grant funds to provide Self -Sufficiency services to low-income single parents in Lubbock. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of July , 1996. foe,DAVID R. LANGST N, MAYOR ATTEST: old Willard, Interim City Sec tary ..APPROVED AS TO CONTENT: Doug G an,Managing Director Healthd Community Services 74 7400, Lo r _road//000 ALW js/AG-CFS.RES ccdocs/July 16, 1996 RESOLUTION NO.5227 July 25, 1996 Item 419 COMMUNITY SERNTCES BLOCK GRANT SELF SUFFICIEtiCY PILOT PROGRAM STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract entered into this 258�y of July 1996, by and between the CITY OF LUBBOCK (herein called "City") and CATHOLIC FAMILY SERVICE, INC., a non-profit center (herein called "Contractor"). WHEREAS, the City is obligated to do and perform certain services in its administration of Community Services Block Grant; and WHEREAS, the Contractor operates a non-profit center offering services to low-income individuals in the County of Lubbock; and WHEREAS, the services provided by the Contractor benefit citizens of the County of Lubbock and constitute a valuable public service; a: -.d WHEREAS, the City Council of the City of Lubbock has declared programs of the CATHOLIC FAMILY SERVICE, INC. to be a public purpose and the provision of these services to be a predominate purpose of this transaction_ and WHEREAS, the Contractor and the services it provides have been found to meet the criteria for funding under the RFP; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction, continuing supervision by the C::: and State together with statutory and contractual requirements provide sufficient assz:sa ice that this public purpose will be accomplished and an audit provides sufficient protecticn of the handling of public money; and WHEREAS, the City Council has found ti'a: &,e Contractor has the special expertise, knowledge and experience necessary for the per:or.m-&-,ce of the contract and that the City will receive adequate consideration in the form of sLbsan ai public benefit; and WHEREAS, the City desires to contract v6:.:.:e Contractor to make available operating assistance for the CATHOLIC FAMILY SERVICE. D C. SINGLE PARENT SELF SUFFICIENCY PROJECT Program. NOW, THEREFORE, it is agreed berweer, t: a parties hereto that: SCOPE OF SERVICE A. General Overview of Program: Contractor will use the CSBG funds awarded to operate a self-sufficiency pilot program, the purpose of which is to enable individuals living below 1000/0 of poverty to achieve financial self-sufficiency. B. City Responsibilities: 1. City agrees to provide Contractor assistance from Community Services Block Grant funds in an amount not to exceed $112,102.00 in return for Contractor performing the activities set forth in this Contract as consideration for said funds. 2. It is expressly understood and agreed by the parties hereto that City's responsibilities are contingent upon the actual receipt of adequate funds to meet City's liabilities under this contract. If adequate funds are not available to make payments under this contract, City shall notify Contractor in writing within a reasonable time after such fact is determined. City shall terminate this Contract and will not be liable for failure to make payments to Contractor under this Contract. 3. City shall not be liable to Contractor for any costs incurred by Contractor, or any portions thereof which have been paid to Contractor or which are subject to payment to Contractor, or which have been reimbursed to Contractor or which are subject to reimbursement to Contractor by any source other than City or Contractor. 4. City shall not be liable for any costs incurred by Contractor which are not allowable costs as set forth in the contract. 5. City shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this Contract. 6. City shall not be liable to Contractor for any costs incurred by Contractor in the performance of this Contract which have not been billed to City by Contractor within sixty (60) days following termination of this Contract. 7. City shall not be liable for costs incurred or performances rendered by Contractor before commencement of this Contract or after termination of this Contract. 8. City's financial assistance wail t -e Urmted to the following: a. The assistance made avaLable through this Contract shall be used by the Contractor solely for the purose of the CATHOLIC FAMILY SERVICE SINGLE PARENT SELF SUFFICIENCY PROJECT Program; and b. The assistance shall provide;zding for expenses incurred within the operation and scope of &.e prgm-n. c. The services provided be the Contractor shall benefit lower-income families residing in the County of Luttock and whose gross household income does not exceed the 1996 Poverty Lzcome Guidelines issued by the Department of Health and Human Setiices. C. Contractor's Responsibilities Contractor agrees to use fi.::.ds z ade available through this Contract solely for the purpose of the CATHOLIC F.k%f1LY SERVICE, INC. SINGLE PARENT SELF SUFFICIENCY PROJECT Program to be held at 102 Avenue J, Lubbock, TY, 79401. 2. Contractor agrees to compiv w applicable uniform administrative requirements, as described in the Catholic Family Service Policy Manual and generally accepted adminis;rati -e requirements of the Texas State Government located at 1TAC5.141 et seq. a:, the federal administrative requirements located at 45CFR Part 96. 3. Contractor agrees to card ec: tt-e acti,.ities under this Contract in compliance with all State and Local �v6i an.Z �el-.:lations. II. TTNIE OF PERFORMANCE This Contract shall continence immedirelv :pon the signing of the Contract by both parties, and shall terminate December 31, 396. The term of this Contract and the provisions herein shall be extended to a s&zc nd and third year providing funds are received from TDHCA and Providing the Co=-zctcr meets its contractual obligations during the current funding cycle. III IV. V. PAYMENT City will pay up to $112, 102.00 to Contractor based upon the receipt of request for funds and project expense summary for the above-described project. Contractor shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. If need is shown to exist, City staff can release up to 10% of the funds to be used as start-up funding. Contractor will then bill City monthly for expenses occurred during the month. By December 31, 1996, Contractor will have provided City with proper documentation to show how all funds were expended, including the start-up costs. Communication and details concerning this Contract shall be directed to the following contract representatives: Doug Goodman City of Lubbock P. O. Box 2000 Lubbock, TX 79457 SPECIAL CONDI'T'IONS Contractor Stephen Hay - Executive Director Catholic Family Service, Inc. 102 Avenue J, Lubbock, TX, 79401 806-765-8475 A. Specific Requirements to Meet Conditions Outlined in RFP 1. Contractor will maintain adequate case management files on each client assisted; whether the case management is funded through this grant or not, and whether the case management is provided by the Contractor or not. 2. Contractor will keep adequate documentation of the design of the program, the implementation of the program, and evaluation of program design. 3. Contractor will keep documentation of their efforts to leverage CSBG funds with other programs to enhance the services provided to clients. 4. Contractor will keep documentation of their efforts to cooperate and collaborate with other service providers. VI. GENERAL CONDITIONS A. A E General Compliance Contractor agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Contract which were made available under City's Community Services Block Grant program. Independent Contractor Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation insurance as the Contractor is an independent Contractor. Hold Harmless Contractor shall hold harmless, defend and indemnify City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Contractor's performance or nonperformance of the services or subject matter called for in this Contract. Worker's Compensation Contractor shall provide Worker's Compensation insurance coverage for all employees involved in the performance of this Contract. Insurance and Bonding Throughout the term of this Contract, the Contractor will maintain liability insurance in the following minimum amounts: Type of Insurance Commercial General Liability Property Damage Liability F. City Reco Wtion Minimum Liability $1,000,000 Limit $100,000 Each Occurrence Contractor shall insure recognition of the role of City's Community Services Block Grant program in providing funding through this Contract. Ali activities, facilities and items utilized pursuant to this Contract shall be prominently labeled as to funding source. In addition, Contractor will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. G. Amendments City or Contractor may amend this Contract at any time, provided that such amendments make specific reference to this Contract, and are executed in writing, signed by a duly -authorized representative of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Contract, nor relieve nor release City or Contractor from its obligations under this Contract. City may, in its discretion, amend this Contract to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or the activities to be undertaken as part of this Contract, such modifications will be incorporated only by written amendment signed by both City and Contractor. H. Suspension or Termination Either party may terminate this Contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph "I.B" above may only be undertaken with the prior approval of City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by Contractor under this Contract shall at the option of City, become the property of City, and Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. City may also suspend or terminate this Contract, in whole or in part, if Contractor materially fails to comply with any term of this Contract, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Contractor ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Contractor is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (1 S%) of said contract funds until such time as Contractor is found to be in compliance by City or is otherwise adjudicated to be in compliance. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards Contractor agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles Contractor shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations", or A-21, "Cost Principles for Educational Institutions", as applicable, for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping 1. Records to be Maintained Contractor shall maintain all records required by the State of Texas Department of Housing and Community Affairs, and that are pertinent to the activities to be funded under this Contract. 2. Retention Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of three (3) years after the termination of all activities funded under this Contract, or after the resolution of all State audit findings, whichever occurs later. 3. Client Data Contractor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: total number of information and referral calls received and broken down into subject categories for every call; specific information obtained through random screening of calls such as income level, gender, race, age, education -level, and household size. Such information shall be made available to City monitors or their designees for review by the 10th day of every month. 4. Audits and Inspections All Contractor records with respect to any matters covered by this Contract shall be made available to City, their designees or the State Government, at any time during normal business hours, as often as City or State deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data, both financial and programmatic. Any deficiencies noted in audit reports must be fully cleared by Contractor within thirty (30) days after receipt by the Contractor. Failure to comply with the above audit requirements will constitute a violation of this Contract and may result in the withholding of future payments. C. Operation and Financial Reports 1. Financial Record Reports Contractor agrees to submit to the City invoices for the services and approved costs of this program by the 10th day of each month; and Contractor agrees to submit to the City a monthly activity report in accordance with instructions provided by the State. VIII. PERSONNEL AND PARTICIPANT CONDITION 5 A. Civil Rights Contractor agrees to comply and to requ::: a : x.:cor.=actors to comply with Title VI of the Civil Rights Act of 1964 as ame::de::..�' _z «I of the Civil Rights Act of 1968 as amended, Section 109 of Title I . ae rousing and Community Development Act of 1974, Section 504 of the Rg�:abditation Act of 1973, the Americans with Disabilities Act of 1990, the Aze Discrimination Act of 1975, Executive Order 11063, and with Executive Cry .1::46 and the regulations issued under the order at 41 CFR chapter 4---- B. •: B. Conduct Prohibited ActivitX Contractor is prohibited from usir._ _-rNided herein or personnel employed in the administration of e :r u-- j. -n for political activities; sectarian or religious activities; lobi. � , _critical patronage, and nepotism activities. 2. Conflict of Interest Contractor and City agree to abide . re :rz%isions of federal and state with respect to conflicts of interes- i= C.: -tor covenants that it presently has no financial interest.:-d:..-ect, which would conflict in any manner or degree with the r:.---.__ce cf the services required under this Contract and that no pe--. x.-nz such an interest will be employed as or by the subcontract.- w ~: out this Contract. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF LUBBOCK Contractor DAVID R. LANGSTON, MAYOR STWMN41AY Executive Director ATTEST: Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: 6) "g� Cq --- Doug Go anagmg Director Health an mmunity Services APPROVED AS TO FORM: Resolution No. 5227 EXTENSION OF COMMUNITY SERVICES BLOCK GRANT AGREEMENT BETWEEN THE CITY OF LUBBOCK AND CATHOLIC FAMILY SERVICE, INC. STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT is made and entered into this first clay of January, 1998, by and between the CITY OF LUBBOCK (hereinafter called "City") and CATHOLIC FAMILY SERVICE, INC., a non-profit center (hereinafter called "Contractor"). Recitals WHEREAS, City and contractor entered into an Agreement dated July 25, 1996, (hereinafter called "Previops Agreement"), a copy of which is attached hereto as "Exhibit A," contracting for a Self Sufficiency Pilot Program; and WHEREAS, the Previous Agreement provided for an extension of its term for a second and third year; and WHEREAS, it has been determined that the Previous Agreement should be extended for another year; and WHEREAS, the City and Contractor desire to extend the Previous Agreement for a third year. NOW THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: Time of Performance This agreement shall commence January 1, 1998, and shall terminate December 31, 1998. The term of this Contract and the provisions herein shall be extended for a third year providing funds are received from TDHCA and providing the Contractor meets its contractual obligations during the current and the previous funding cycles. Payment City will pay up to One Hundred and Sixty-five Thousand no/100 dollars ($165,000.00) to Contractor based upon the receipt of request for funds and project expense summary for the above-described project. Contractor shall submit to City invoices for expenditures. City shall determine the reasonableness CATHOLIC FAMILY SERVICE, INC./CSBG AGREEMENT EXTENSION, 1/8/98 page -1 of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. If need is shown to exist, City staff can release up to 10% of the funds to be used as start-up funding. Contractor will then bill City monthly for expenses incurred during the month. Payment will be contingent upon release of funds by the TDHCA. By December 31, 1998, Contractor will have provided City with proper documentation to show how all funds were expended, including the start-up costs. Terms of Contract City and Contractor hereby ratify all the terms of the Previous Agreement and hereby agree to abide by its terms as originally written, except as specifically altered herein. EXECUTED this jo tWay of January , 1998. CITY OF LUBBOCK- CATHOLIC FAMILY SERVICES, INC.: By: WINDY SI ON STEPHEN Y, MAYOR EXECUTIVE DIRECTOR ATTEST: Ka 'e arnell, City Secretary APPROVED AS TO CONTENT: Q-� Doug Goo, Managing Director Health & unity Services APPROVED AS TO FORM: William D. de Haas, Assistant City Attorney CATHOLIC FAMILY SERVICE, INC./CSBG AGREEMENT EXTENSION, 1/8/98 page -2 COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM STATE OF TEXAS COUNTY OF LUBBOCK § This Contract entered into this Z$kti day of m 1998 by and between the CITY OF LUBBOCK (herein called "City") and CATHOLIC FAMILY SERVICE, INC., a non-profit center (herein called "Contractor"). WHEREAS, the City is obligated to do and perform certain services in its administration of Community Services Block Grant; and WHEREAS, the Contractor operates a non-profit center offering services to low- income individuals in the County of Lubbock; and WHEREAS, the services provided by the Contractor benefit citizens of the County of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared programs of the CATHOLIC FAMILY SERVICE, INC. to be a public purpose and the provision of these services to be a predominate purpose of this transaction; and WHEREAS, the Contractor has demonstrated its ability to successfully administer CSBG based programs; and WHEREAS, the City has been awarded a Performance Cash Award due to the success of the Contractor in past programs; and WHEREAS, the City desires to grant the Performance Cash Award to the Contractor because of its demonstrated ability; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction, continuing supervision by the City and State together with statutory and contractual requirements provide sufficient assurance that this public purpose will be accomplished and an audit provides sufficient protection of the handling of public money; and WHEREAS, the City Council has found that the Contractor has the special expertise, knowledge and experience necessary for the contract and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Contractor to make available operating assistance for the CATHOLIC FAMILY SERVICE, INC. GENERAL EQUIVALENCY DIPLOMA ("GED") PILOT PROGRAM. NOW, THEREFORE, it is agreed between the parties hereto that: SCOPE OF SERVICE A. General Overview of Program: 1. Contractor will use the CSBG funds awarded to pay for GED exam fee, the purpose of which is to provide individuals with post- secondary educational opportunities. B. City Responsibilities: 1. City agrees to provide Contractor assistance from Community Services Block Grant funds in an amount not to exceed $1,642.00 in return for Contractor performing the activities set forth in this Contract as consideration for said funds. 2. It is expressly understood and agreed by the parties hereto that City's responsibilities are contingent upon the actual receipt of adequate funds to meet City's liabilities under this contract. If adequate funds are not available to make payments under this contract, City shall notify Contractor in writing within a reasonable time after such fact is determined. City shall terminate this Contract and will not be liable for failure to make payments to Contractor under this Contract. 3. City shall not be liable to Contractor for any costs incurred by Contractor, or any portions thereof, which have been paid to Contractor or which are subject to payment to Contractor, or which have been reimbursed to Contractor by any source other than City or Contractor. 4. City shall not be liable to any costs incurred by Contractor which are not allowable costs as set forth in the Contract. 5. City shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this Contract. 6. City shall not be liable to Contractor for any costs incurred by Contractor in the performance of this Contract which have not been billed to City by Contractor within sixty (60) days following termination of this Contract. COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Pres -2- 7. City shall not be liable for costs incurred or performances rendered by Contractor before commencement of this Contract or after termination of this Contract. 8. City's financial assistance will be limited to the following: a. The assistance made available through this Contract shall be used by the Contractor solely for the purpose of the CATHOLIC FAMILY SERVICE GED PILOT PROJECT PROGRAM; and b. The assistance shall provide funding for expenses incurred within the operation and scope of the program. C. The services provided by the Contractor shall benefit lower-income families residing in the County of Lubbock and whose gross household income does not exceed the current Poverty Income Guidelines issued by the Department of Health and Human Services. C. Contractor's Responsibilities 1. Contractor agrees to use funds made available through this Contract solely for the purpose of the CATHOLIC FAMILY SERVICE, INC. GED PROJECT Program. 2. Contractor agrees to comply with applicable uniform administrative requirements, as described in the Catholic Family Service Policy Manual and generally accepted administrative requirements located at 45CFR Part 96. 3. Contractor agrees to carry out the activities under this Contract in compliance with all State and Local laws and regulations. II. TIME OF PERFORMANCE This Contract shall commence immediately upon the signing of the Contract by both parties, and shall terminate December 31, 1998. The term of this Contract and the provisions herein shall be extended to a second and third year providing funds are available and providing the Contractor meets its contractual obligations during the current funding cycle. COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -1 III. PAYMENT City will pay up to $1,642.00 to Contractor based upon the receipt of request for funds and project expense summary for the above-described project. Contractor shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. If need is shown to exist, City staff can release up to 10% of the funds to be used as start-up funding. Contractor will then bill City monthly for expenses occurred during the month. By December 31, 1998, Contractor will have provided City with proper documentation to show how all funds were expended. IV. NOTICE MA VI Communication and details concerning this Contract shall be directed to the following contract representatives: Doug Goodman City of Lubbock P.O. Box 2000 Lubbock, TX 79457 SPECIAL CONDITIONS A. Specific Requirements Contractor Stephen Hay, Executive Director Catholic Family Service, Inc. 102 Avenue J, Lubbock, TX 79401 (806) 765-8475 1. Contractor will maintain adequate files on each client assisted. GENERAL CONDITONS A. General Compliance Contractor agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Contract which were made available under City's Community Services Block Grant program. B. Independent Contractor Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. City shall be exempt from payment of all COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -4 Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation insurance as the Contractor is an independent Contractor. C. Hold Harmless Contractor shall hold harmless, defend and indemnify City from any and all claims, actions, suits, charges and judgements whatsoever that arise out of Contractor's performance or nonperformance of the services or subject matter called for in this Contact. D. Worker's Compensation Contractor shall provide Worker's Compensation insurance coverage for all employees involved in the performance of this Contract. E. Insurance and Bondina F. X] Throughout the term of this Contract, the Contractor will maintain liability insurance in the following minimum amounts: Type of Insurance Commercial General Liability Property Damage Liability City Recognition Minimum Liability $1,000,000 Limit $1,000,000 Each Occurrence Contractor shall insure recognition of the role of City's Community Services Block Grant program in providing funding through this Contract. All activities, facilities and items utilized pursuant to the Contract shall be prominently labeled as to funding source. In addition, Contract will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. Amendments City or Contractor may amend this Contract at any time, provided that such amendments make specific reference to this Contract, and are executed in writing, signed by a duly -authorized representative of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Contract, nor relieve nor release City or Contractor from its obligations under this Contract. City may, in its discretion, amend this Contract to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -5- the funding, the scope of services, or the activities to be undertaken as part of this Contract, such modifications will be incorporated only by written amendment signed by both City and Contractor. H. Suspension or Termination Either party may terminate this Contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph "I.B." above may only be undertaken with the prior approval of City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other material prepared by Contractor under this Contract shall at the option of City, become the property of City, and Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. City may also suspend or terminate this Contract, in whole or in part, if Contractor materially fails to comply with any term of this Contract, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Contractor ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Contract is in noncompliance with any applicable rules or regulations, City may withhold ' up to fifteen percent (15%) of said contract funds until such time as Contractor is found to be in compliance by City or is otherwise adjudicated to be in compliance. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Mana eg ment 1. Accounting Standards Contractor agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles Contractor shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organization", or COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page-& A-21, "Cost Principles for Educational Institutions", as applicable, for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping 1. Records to be Maintained Contractor shall maintain all records required by the State of Texas Department of Housing and Community Affairs, and that are pertinent to the activities to be funded under this Contract. 2. Retention Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of three (3) years after the termination of all activities funded under this Contract, or after the resolution of all State audit finding, whichever occurs later. 3. Client Data Contractor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: total number of information and referral calls received and broken down into subject categories for every call; specific information obtained through random screening of calls such as income level, gender, race, age education -level, and household size. Such information shall be made available to City monitors or their designees for review by the 10`h day of every month. 4. Audits and Inspections All Contractor records with respect to any matters covered by this Contract shall be made available to City, their designees or the State Government, at any time during normal business hours, as often as City or State deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data, both financial and programmatic. Any deficiencies noted in audit reports must be fully cleared by Contractor within thirty (30) days after receipt by the Contractor. Failure to comply with the above audit requirements will constitute a violation of this Contract and may result in the withholding of future payments. COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -7- C. Operation and Financial Reports 1. Financial Record Reports Contractor agrees to submit to the City invoices for the services and approved costs of this program by the 10th day of each month; and 2. Operation Reports Contractor agrees to submit to the City a monthly activity report in accordance with instructions provided by the State. VIII. PERSONNEL AND PARTICIPATION CONDITIONS A. Civil Rights Contractor agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 and the regulations issued under the order at 41 CFR chapter 60. B. Conduct 1. Prohibits Activity Contractor is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. 2. Conflict of Interest Contractor and City agree to abide by the provisions of federal and state with respect to conflicts of interest, and Contractor covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required under this Contract and that no person having such an interest will be employed as or by the subcontractor carrying out this Contract. COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -8- IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF LUBBOCK CONTRACTOR 4 WINDY SI , MAYOR S PHEN HAY, Executive Difdctor ATTEST: Kaytb Darnell, City Secretary \ APPROVED AS TO CONTENT: Doug Go an, Managing Director Health anommunity Services APPROVED AS TO L. March 25, 1998 COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -9- COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract entered into this 28�day of a�'h 1998 by and between the CITY OF LUBBOCK (herein called "City") and CATHOLIC FAMILY SERVICE, INC., a non-profit center (herein called "Contractor"). WHEREAS, the City is obligated to do and perform certain services in its administration of Community Services Block Grant; and WHEREAS, the Contractor operates a non-profit center offering services to low- income individuals in the County of Lubbock; and WHEREAS, the services provided by the Contractor benefit citizens of the County of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared programs of the CATHOLIC FAMILY SERVICE, INC. to be a public purpose and the provision of these services to be a predominate purpose of this transaction; and WHEREAS, the Contractor has demonstrated its ability to successfully administer CSBG based programs; and WHEREAS, the City has been awarded a Performance Cash Award due to the success of the Contractor in past programs; and WHEREAS, the City desires to grant the Performance Cash Award to the Contractor because of its demonstrated ability; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction, continuing supervision by the City and State together with statutory and contractual requirements provide sufficient assurance that this public purpose will be accomplished and an audit provides sufficient protection of the handling of public money; and WHEREAS, the City Council has found that the Contractor has the special expertise, knowledge and experience necessary for the contract and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Contractor to make available operating assistance for the CATHOLIC FAMILY SERVICE, INC. GENERAL EQUIVALENCY DIPLOMA ("GED") PILOT PROGRAM. NOW, THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. General Overview of Program: 1. Contractor will use the CSBG funds awarded to pay for GED exam fee, the purpose of which is to provide individuals with post- secondary educational opportunities. B. City Responsibilities: 1. City agrees to provide Contractor assistance from Community Services Block Grant funds in an amount not to exceed $1,642.00 in return for Contractor performing the activities set forth in this Contract as consideration for said funds. 2. It is expressly understood and agreed by the parties hereto that City's responsibilities are contingent upon the actual receipt of adequate funds to meet City's liabilities under this contract. If adequate funds are not available to make payments under this contract, City shall notify Contractor in writing within a reasonable time after such fact is determined. City shall terminate this Contract and will not be liable for failure to make payments to Contractor under this Contract. 3. City shall not be liable to Contractor for any costs incurred by Contractor, or any portions thereof, which have been paid to Contractor or which are subject to payment to Contractor, or which have been reimbursed to Contractor by any source other than City or Contractor. 4. City shall not be liable to any costs incurred by Contractor which are not allowable costs as set forth in the Contract. 5. City shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this Contract. 6. City shall not be liable to Contractor for any costs incurred by Contractor in the performance of this Contract which have not been billed to City by Contractor within sixty (60) days following termination of this Contract. COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Pap -2- 7. City shall not be liable for costs incurred or performances rendered by Contractor before commencement of this Contract or after termination of this Contract. 8. City's financial assistance will be limited to the following: a. The assistance made available through this Contract shall be used by the Contractor solely for the purpose of the CATHOLIC FAMILY SERVICE GED PILOT PROJECT PROGRAM; and b. The assistance shall provide funding for expenses incurred within the operation and scope of the program. C. The services provided by the Contractor shall benefit lower-income families residing in the County of Lubbock and whose gross household income does not exceed the current Poverty Income Guidelines issued by the Department of Health and Human Services. C. Contractor's Responsibilities Contractor agrees to use funds made available through this Contract solely for the purpose of the CATHOLIC FAMILY SERVICE, INC. GED PROJECT Program. 2. Contractor agrees to comply with applicable uniform administrative requirements, as described in the Catholic Family Service Policy Manual and generally accepted administrative requirements located at 45CFR Part 96. 3. Contractor agrees to carry out the activities under this Contract in compliance with all State and Local laws and regulations. II. TIME OF PERFORMANCE This Contract shall commence immediately upon the signing of the Contract by both parties, and shall terminate December 31, 1998. The term of this Contract and the provisions herein shall be extended to a second and third year providing funds are available and providing the Contractor meets its contractual obligations during the current funding cycle. COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -3- III. PAYMENT City will pay up to $1,642.00 to Contractor based upon the receipt of request for funds and project expense summary for the above-described project. Contractor shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. If need is shown to exist, City staff can release up to 10% of the funds to be used as start-up funding. Contractor will then bill City monthly for expenses occurred during the month. By December 31, 1998, Contractor will have provided City with proper documentation to show how all funds were expended. IV. NOTICE Communication and details concerning this Contract shall be directed to the following contract representatives: Doug Goodman City of Lubbock P.O. Box 2000 Lubbock, TX 79457 V. SPECIAL CONDITIONS VI. A. Specific Requirements Contractor Stephen Hay, Executive Director Catholic Family Service, Inc. 102 Avenue J, Lubbock, TX 79401 (806)765-8475 1. Contractor will maintain adequate files on each client assisted. GENERAL CONDITONS A. General Compliance Contractor agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Contract which were made available under City's Community Services Block Grant program. B. Independent Contractor Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. City shall be exempt from payment of all COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Paye -4- Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation insurance as the Contractor is an independent Contractor. C. Hold Harmless Contractor shall hold harmless, defend and indemnify City from any and all claims, actions, suits, charges and judgements whatsoever that arise out of Contractor's performance or nonperformance of the services or subject matter called for in this Contact. D. Worker's Compensation Contractor shall provide Worker's Compensation insurance coverage for all employees involved in the performance of this Contract. E. Insurance and Bonding Throughout the term of this Contract, the Contractor will maintain liability insurance in the following minimum amounts: Type of Insurance Minimum Liability Commercial General Liability $1,000,000 Limit Property Damage Liability $1,000,000 Each Occurrence F. City Recognition Contractor shall insure recognition of the role of City's Community Services Block Grant program in providing funding through this Contract. All activities, facilities and items utilized pursuant to the Contract shall be prominently labeled as to funding source. In addition, Contract will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. G. Amendments City or Contractor may amend this Contract at any time, provided that such amendments make specific reference to this Contract, and are executed in writing, signed by a duly -authorized representative of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Contract, nor relieve nor release City or Contractor from its obligations under this Contract. City may, in its discretion, amend this Contract to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM page -5. the funding, the scope of services, or the activities to be undertaken as part of this Contract, such modifications will be incorporated only by written amendment signed by both City and Contractor. H. Suspension or Termination Either party may terminate this Contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph "I.B." above may only be undertaken with the prior approval of City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other material prepared by Contractor under this Contract shall at the option of City, become the property of City, and Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. City may also suspend or terminate this Contract, in whole or in part, if Contractor materially fails to comply with any term of this Contract, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Contractor ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Contract is in noncompliance with any applicable rules or regulations, City may withhold ' up to fifteen percent (15%) of said contract funds until such time as Contractor is found to be in compliance by City or is otherwise adjudicated to be in compliance. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Mana ement 1. Accounting Standards Contractor agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles Contractor shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organization", or COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page .6. A-21, "Cost Principles for Educational Institutions", as applicable, for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record-Keeyina 1. Records to be Maintained Contractor shall maintain all records required by the State of Texas Department of Housing and Community Affairs, and that are pertinent to the activities to be funded under this Contract. 2. Retention Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of three (3) years after the termination of all activities funded under this Contract, or after the resolution of all State audit finding, whichever occurs later. 3. Client Data Contractor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: total number of information and referral calls received and broken down into subject categories for every call; specific information obtained through random screening of calls such as income level, gender, race, age education -level, and household size. Such information shall be made available to City monitors or their designees for review by the 10th day of every month. 4. Audits and Inspections All Contractor records with respect to any matters covered by this Contract shall be made available to City, their designees or the State Government, at any time during normal business hours, as often as City or State deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data, both financial and programmatic. Any deficiencies noted in audit reports must be fully cleared by Contractor within thirty (30) days after receipt by the Contractor. Failure to comply with the above audit requirements will constitute a violation of this Contract and may result in the withholding of future payments. COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -7- C. Operation and Financial Reports 1. Financial Record Reports Contractor agrees to submit to the City invoices for the services and approved costs of this program by the I & day of each month; and 2. Operation Reports Contractor agrees to submit to the City a monthly activity report in accordance with instructions provided by the State. VIII. PERSONNEL AND PARTICIPATION CONDITIONS A. Civil Rights Contractor agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 and the regulations issued under the order at 41 CFR chapter 60. B. Conduct 1. Prohibits Activity Contractor is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. 2. Conflict of Interest Contractor and City agree to abide by the provisions of federal and state with respect to conflicts of interest, and Contractor covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required under this Contract and that no person having such an interest will be employed as or by the subcontractor carrying out this Contract. COMMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page .3. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF LUBBOCK ,4- 1"amell, City Secretary APPROVED AS TO CONTENT: oc", Q6� Doug Good , Managing Director Health and GoInmunity Services APPROVED AS TO L. March 25, 1998 CONTRACTOR S7(f—PHET,f HAY, Executive 'rector CONIMUNITY SERVICES BLOCK GRANT GENERAL EQUIVALENCY DIPLOMA PILOT PROGRAM Page -9-