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HomeMy WebLinkAboutResolution - 4855 - Agreement - SPAG - Senior Citizens Services - 06/08/1995Resolution No. 4855 June 8, 1995 Item #11 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 with the South Plains Association of Governments and related documents, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. APPROVED AS TO CONTENT: Doug oo anaging Director of Health & jnmunity Services APPROVED AS TO FORM: 4V� 17,/4 arold Willard, Assistant City Attorney HW:js/AGT-SPAG.RES ccdocs/May 17, 1995 Resolution No. 4855 June 8, 1995 Item #11 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 REVIEWED licate this I. 8th day of June TOR VID R. LANGSTON, MAYOR Approved and accepted on behalf of South,Plains Association of Governments erry ti APPROVED A�S TO CONTE I Doug Good , Managing Director Health & unity Services K W EST: etty Jo nson,(City Secretary ve Director " 1995 APPROVED AS TO FORM: i of tarold Willard, Assistant City Attorney This contract is entered into on the 1st of October 1994, by and between SOUTH PLAINS ASSOCIATION OF GOVERNMENTS (hereinafter referred to as "SPAG") and CITY OF LUBBOCK, (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, in-home services, and nutrition services, (hereafter "services"), such "services" to be set out with particularity below and on the attachments affixed hereto; and WHEREAS, CONTRACTOR desires to provide certain of such "services" pursuant to the terms and conditions set out below; and WHEREAS, SPAG desires CONTRACTOR to provide such "services" pursuant to the terms and conditions set out below; and WHEREAS, CONTRACTOR submitted a proposal to SPAG whereby CONTRACTOR proposes to provide such "services" as set out in said proposal, and 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; and 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-, and WHEREAS, CONTRACTOR understands and acknowledges that CONTRACTOR'S proposal is incorporated into this agreement for all purposes; and 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 services"; NOW THEREFORE in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. CONTRACT AMOUNT The sum total of Title III monies obligated by SPAG to the CONTRACTOR under this contract shall not exceed ONE HUNDRED TWENTY SEVEN THOUSAND SIX HUNDRED THIRTY SIX Dollars ($127,636.00) 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 SERVICES AMOUNT PER UNIT $ 10,235.00 2.99 ATTACHMENT A TRANSPORTATION $ 8,377.00 13.07 ATTACHMENT B ADVOCACY $ ATTACHMENT E RECREATION ATTACHMENT E-1 CAPITAL EQUIPMENT $ 3,500.00 22.54 ATTACHMENT E-2 PHYSICAL FITNESS $ ATTACHMENT H IN HOME SERVICES $ I05,524.00 4.70 ATTACHMENT N CONGREGATE MEALS ATTACHMENT T HOME DELIVERED MEALS 2. MATCH REQUIREMENT The CONTRACTOR agrees to provide, as a supplement to the project, local cash or in-kind of at least $14,182.00. 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 H GENERAL CONDITIONS, #6 for definition of program income.) Match shall conform to Older American 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. Notwithstanding this date, the term of the agreement will begin on October 1, 1994 and end on September 30, 1995. This term may be extended upon written request by the CONTRACTOR and approval in writing by SPAG and the Texas Department on Aging. 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 79452-3730 b. If notice is to be sent to CONTRACTOR: CITY OF LUBBOCK P.O. Box 2000 Lubbock, Texas 79457 S. 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 any performance of the CONTRACTOR, including but not limited to liability arising as a result of non-payment of goods or services provided under this contract, etc., SPAG will seek repayment from the CONTRACTOR. PART II GENERAL CONDITIONS 1. AUTHORITY The authority on which this contract is based derives from the Older Americans Act of 1965, as amended, and its regulations; HHS regulations on Administration of Grants, Title 45 C.F.R. Part 74; Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans; Title 28 C.F.R. Part 35, pertaining to the 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 Rules 348 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 pre -determined unit cost per eligible service incurred by 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 terns of this contract, on any funds from SPAG other than these. 3. OPERATING BUDGET This contract and the project operated hereunder by the CONTRACTOR shall be governed by units of service as defined in Part 1V - 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 other than Title III funds 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 it has 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 5th 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 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 5th 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 meat 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 C ONTRACTOR'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 $300 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. 9. AUDIT The CONTRACTOR shall provide and furnish SPAG an annual audit by an independent certified public accounting firm within one hundred twenty (120) days of the end of each 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 SPAG or its authorized representative. The CONTRACTOR receiving more than $25,000 in Federal funding from all sources must provide an audit in accordance with the standards for financial and compliance audits contained in the Standards for Audits of Governmental Organizations, Programs, Activities and Functions, issued by the U.S. General Accounting Office; The Single Audit Act of 1984; and the provisions of OMB Circular A-128, Audits of State and Local Governments, or OMB Circular A-133, Audits of Institutions of Higher Education, and Other Nonprofit Organizations, as applicable. Nonprofit organizations receiving between $10,000 and $25,000 in Federal funds from all sources must provide a Financial Audit. Nonprofit organizations receiving less than $10,000 from all sources must provide a Financial Review. CONTRACTOR understands and agrees that the CONTRACTOR shall be liable to SPAG for any costs disallowed as a result of unresolved costs revealed during the audit. 10. SUSPENSION OR TERMINATION In the event project monitoring/evaluation activities by SPAG or its agents, or by the Texas Department on Aging or its agents, disclose serious deficiencies in the operation of a project supported under provisions of this contract, SPAG may elect to suspend or terminate this contract upon fifteen (15) days written notice from SPAG to the CONTRACTOR. The CONTRACTOR, upon notification of such suspension or termination, shall have the right to appeal such suspension or termination to the SPAG Advisory Council on Aging or the SPAG Board of Directors no later than fifteen (15) days of receipt of notice of suspension or termination. This contract may be terminated upon the occurrence of any of the following events: a. Discontinuance by the CONTRACTOR of project as described herein, or b. Discontinuance of funding to SPAG from the Texas Department on Aging; or c. Failure of the CONTRACTOR to comply with any or all of the terms and conditions of this agreement and any attachments thereto; or d. Mutual agreement between SPAG and the CONTRACTOR; or e. Discovered or disclosed deficiencies in the operation of a project supported under the provisions of this contract. In the event of termination, final billings for units of services delivered pursuant to the contract will be submitted to SPAG within fifteen (15) calendar days from date of termination by the CONTRACTOR, but it is understood that no units delivered after the termination date will be reimbursed. SPAG may require the CONTRACTOR to transfer Title and deliver to SPAG or to another authorized CONTRACTOR any property acquired by Federal funds or assigned to the CONTRACTOR by the SPAG for the purpose of this contract. 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 finds will in no way_ affect the "at risk" unit rate of services. 12. LIMITATION OF LIABILITY Notwithstanding any of the provisions of this agreement, the CONTRACTOR agrees to indemnify and hold SPAG harmless from any and all claims, demands, expenses or causes of action that could be or might be asserted against SPAG by any third party which may or shall arise from the CONTRACTOR'S conduct and performance pursuant to the terms of this agreement. It being the intention of the parties hereto that this indemnity provision shall indemnify and hold SPAG harmless as to any allegation of acts of negligence on the part of SPAG in the performance of this agreement. 13. CODE OF CONDUCT CONTRACTOR shall maintain a written code or standards of conduct which shall govern the performance of its 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. 14. 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). 15. DRUG FREE WORKPLACE POLICY CONTRACTOR shall develop a written drug and alcohol -free workplace policy which will help ensure a safe and productive workplace. 16. 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. 17. RIGHT TO APPEAL Any service provider or applicant to provide services whose application is denied or whose contract is terminated or not renewed (except as provided in 45 C.F.R. Part 74, Subpart M) has a right to appeal such action. Provider or Applicant must give notice of appeal to SPAG and the Texas Department on Aging within 10 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, 257.71 et. seq. will be used as the appeals process. 18. ORAL AND WRITTEN AGREEMENT All oral or written agreements made prior to this contract have been reduced to writing and are contained herein by the execution of this contract including any proposals submitted by CONTRACTOR. CONTRACTOR evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties agree that SPAG shall not be liable for any costs incurred by CONTRACTOR except to the extent provided in this contract. When 45 C.F.R., or its appendices, provide that a cost is allowable only when authorized in writing, prior written approval from SPAG must be obtained. PART III - ASSURANCES The CONTRACTOR shall maintain proper documentation to substantiate all of the assurance items set out below. Such documentation will be subject to SPAG review for adequacy and completeness. Failure to maintain the following documentation shall be grounds for termination of this contract pursuant to the provisions of paragraph 10 above. 1. Compliance with Requirements The CONTRACTOR agrees to administer the program in accordance with the Older Americans Act, and all applicable regulations, the policies and procedures established 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. 8. Insurance Coverage CONTRACTOR will maintain fire and casualty, worker's compensation, fidelity bond, and general liability insurance, or will be self insured. 9. Participant Grievances CONTRACTOR will establish written procedures through which participants can communicate aspects of the service which impact negatively upon them. 14. 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, older individuals with limited English speaking ability, victims of Alzheimer's disease and their caregivers, and inform such individuals of the availability of such assistance. 12. 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. 13. 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. 14. 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. 15. Maintenance of Non -Federal Support for Services The CONTRACTOR shall not replace funds from 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. 16. Opportunity of Older Persons to Advise CONTRACTORS CONTRACTORS who operate focal points in the community must assure collocation of services, where feasible. 17. 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. 18. Taxes CONTRACTOR will comply with all state, Federal or local tax requirements with respect to property and personnel. 19. 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 provisions 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 such 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 itself out to be an employee or agent of SPAG. 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. PART IV ATTACHMENT A Special Conditions for Transportation CITY OF LUBBOCK This attachment obligates SPAG to a maximum of $10,235.00 Federal dollars. The CONTRACTOR must match these dollars with a minimum of $1,137.00 Cash or In -Kind. In no event shall SPAG be obligated for more than 90 percent of TOTAL PROJECT COST, as pertains to PART VI, 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 Lubbock Counties. 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 100 unduplicated individuals, with minority and below poverty level older persons to be served in proportion to their number in the population of Lubbock County. Transportation services will be based on the needs of participants. CONTRACTOR agrees to provide a minimum total of 11,500 units of transportation service at a total unit rate of $2.99 during the term of this contract. Title 11IB reimbursement will pay for 0.297658863 of 11,500 eligible units served for a maximum of $10,235.00 Federal dollars. CONTRACTOR will maintain proper documentation showing actual number of units served each month. CON'T'RACTOR assures that all regulations according to the March 11, 1955 Texas Register Part IX., Texas Department on Aging chapter 273., Transportation Service Standards Statutes and Regulations *40 TAC Section 273.2, and 273.5 are appropriately followed. CONTRACTOR understands that this attachment shall be subject to all of the terms and conditions of the contract between SPAG and CITY OF LUBBOCK to which this attachment is affixed and made a part thereof for all purposes. PART IV ATTACHMENT B Special Conditions for Advocacy CITY OF LUBBOCK This attachment obligates SPAG to a maximum of $8,377.00 Federal dollars. The CONTRACTOR must match these dollars with a minimum of $931.00 Cash or In -Kind. In no event shall SPAG be obligated for more than 90 percent of TOTAL PROJECT COST, as pertains to PART VI, Budget. 1. CONTRACT PURPOSE The purpose of this contract is to provide funds to pay for eligible units of advocacy services to aid persons sixty (60) years of age and older in Lubbock County. 2. DEFINITION OF ELIGIBLE UNIT OF SERVICE A unit of service is defined as providing concrete information to an older person, their advocate(s) or provider about services, resources, etc. to ensure that the necessary service will be delivered to the older person and to plead and/or act on behalf of an individual or group to obtain a service. 3. CONTRACT GOAL The goal of this contract is to provide advocacy services for at least 1,300 unduplicated individuals, with minority and below poverty level older persons to be served in proportion to their number in the population of Lubbock County. Advocacy services will be based on the needs of participants. CONTRACTOR agrees to provide a minimum total of 3,000 units of advocacy service at a total unit rate of $13.07 during the term of this contract. Title BIB reimbursement will pay for 0.213644478 of 3,000 eligible units served for a maximum of $8,377.00 Federal dollars. CONTRACTOR assures that advocacy activities shall be established and maintained such that eligible individuals within that service area will have reasonable convenient access to the service, including, to the extent possible, the provision of services in the language in which a significant number of older persons speak if other than English is their principal language. CONTRACTOR will provide information with respect to the opportunities and services available to eligible individuals. CONTRACTOR will maintain proper documentation showing actual number of units served each month. CONTRACTOR understands that this attachment shall be subject to all of the terms and conditions of the contract between SPAG and CITY OF LUBBOCK to which this attachment is affixed and made a part thereof for all purposes. PART IV ATTACHMENT E-2 Special Conditions for Physical Fitness (Jamboree) CITY OF LUBBOCK This attachment obligates SPAG to a maximum of $3,500.00 Federal dollars. The CONTRACTOR must match these dollars with a minimum of $389.00 Cash or In -Kind. In no event shall SPAG be obligated for more than 90 percent of TOTAL PROJECT COST, as pertains to PART VI, Budget. 1. CONTRACT PURPOSE The purpose of this contract is to provide funds for eligible units of Physical Fitness service for Senior Olympics, Art/Craft/Food Fair, Health Fair, and Outstanding Senior Recognition for persons sixty (60) years of age and older in the fifteen county South Plains region. 2. DEFINITION OF ELIGIBLE UNIT OF SERVICE A unit of service is defined as a person 60 years of age or older participating in Senior Recognition Day. 3. CONTRACT GOAL The goal of this contract is to provide physical fitness 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 Lubbock County. Physical Fitness services will be based on the needs of participants. CONTRACTOR agrees to provide a minimum total of 1,500 units of physical fitness service for Senior Olympics, Art/Craft/Food Fair, Health Fair, and Outstanding Senior Recognition at a total unit rate of $22.54 during the term of this contract. Title IIIB reimbursement will pay for 0.103519669 of 1,500 eligible units served for a maximum of $3,500.00 Federal dollars. CONTRACTOR will maintain proper documentation showing actual number of units served. CONTRACTOR understands that this attachment shall be subject to all of the terms and conditions of the contract between SPAG and CITY OF LUBBOCK to which this attachment is affixed and made a part thereof for all purposes. PART IV ATTACHMENT N Special Conditions for Nutrition Congregate Meals Services CITY OF LUBBOCK This attachment obligates SPAG to a maximum of $105,524.00 Federal dollars. CONTRACTOR must match these dollars with a minimum of S 11,725.00 Cash or In -Kind. In no event shall SPAG be obligated for more than 90 percent of TOTAL PROJECT COST, as pertains to PART VI, 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 Lubbock County. 2. DEFINITION OF AN ELIGIBLE CONGREGATE MEAL UNIT OF SERVICE A congregate meal unit is defined as a Title II1C meal, meeting at least Ila 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 2,000 unduplicated individuals, with minority and below poverty level older persons to be served in proportion to their number in the population of Lubbock County. Nutrition congregate services will be based on the needs of participants. CONTRACTOR agrees to provide a minimum total of 90,000 units of nutrition congregate service at a total unit rate of $4.70 during the term of this contract. Title IIIB reimbursement will pay for 0.249465721 of 90,000 eligible units served for a maximun of $105,524.00 Federal dollars. CONTRACTOR agrees to deliver congregate meals in accordance with the following conditions: Hot meals shall be provided in a congregate setting at least 5 days per week, according to a published schedule and menu. 2. The congregate site shall be located, where feasible and appropriate, within walking distance to the majority of eligible older persons. The CONTRACTOR shall comply with all state and local health laws and ordinances concerning preparation, handling, and serving of food. 4. Special menus, where feasible and appropriate, shall be prepared to meet dietary needs arising from health requirements, religious requirements, or ethnic backgrounds of eligible participants. 5. Food containers and utensils for blind and handicapped participants shall be provided. 6. The CONTRACTOR shall serve food in accordance with the Recommended Dietary Allowance (RDA) as established by the Food and Nutrition Board of the National Academy of Sciences National Research Council and shall follow the menu plan developed by the nutrition consultant. 7. The CONTRACTOR shall serve food in accordance with recipes provided. 8. Each participant shall be provided the opportunity to have milk with the meal. 9. Appropriate and cost effective arrangements shall be made for the transportation of commodities, where applicable, and for the storage and use of USDA 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. CONTRACTOR will maintain proper documentation showing actual number of units served each month. CONTRACTOR assures that all regulations according to the Texas Register Part IX., Texas Department on Aging, Chapter 267., Title III Nutrition Service Standards Statutes and Regulations *40 TAC Sections 257.1 - 267.14 are appropriately followed. CONTRACTOR understands that this attachment shall be subject to all of the terms and conditions of the contract between SPAG and CITY OF LUBBOCK to which this attachment is affixed and made a part thereof for all purposes. PART V CERTIFICATION REGARDING DEBARME.t'+lT, SUSPENSION, INELIGLBILITY AND VOLUNTARY EXCLUSION FOR COVER -ED CONTRACTS AND GR.V4TS Federal E-xecutive Order 12549 requites the Texas Department on \ging �TDoA) to screen each covered potential contractorigantec to determine whether each bas a right to obtain a contractlgant in accordance with federal regulations on debarment. suspension. ineligabdirv, and voluntary mciusion. Each covered contractor, -grantee must also screen each of its covered subcontractorvrproviders. 1n this cer1tt7c2t10n "conrractorlgrantee' refer to both contractor; rantr_ and subcontracton'subgrantce; 'contranlgrant" refers to both contractigrant and subcontractlsubgrant. By sagnmg and subtanumg this CM%LGratioa the potential tvntrarsor/gantce Lite fctilowiaag tames 1- The certification herein below is a matenai representation of [act upon which reliance was placed when this conimct'gram was entered into. If i[ is later determined that the potential contractougrantee imowingly rendered an erroneous ccnaneation. in addition to other remedies available to the federal government.:hc Department of Health and. Human Services. United States Department of kgricuiture or other federal department or agency, or the Texas Department on Armg may pursue available remedies. including suspension and/or debarment. _. The potential oontractor,ranice shall provide immediate wnuen noutx to the person to which this certification u submitter) if at any time the potential contractor/grantce learns that the certification was erroneous when suoinuted or has become erroneous by reason of changed circumstances. 3. The words "coveted contract," "debarred." "suspended." 7ricbgible," "pan to pan[." "person.' "principal." "proposal." and'voluntardy excluded." as used in this certification have mcaituigs based upon materials in the Definitions and Coverage sections of Federal riles implementing Executive Order 1-2449. Usage is as defined La the attachment. S. The potential coniractorigrantee agues by submitting this certification that. should the proposed covered conttact,'grant be entered into. it shall not lnowingly enter into any subcontract with a person who is debarred. suspended. declared ineligible, or voiunwrity etctudcd from participation in this covered transaction, unless authorized by the Department of Health and Human Service- Uaned States Dcpartment of .-igneallure or other federai department or agencv, and/or ttic Teras Degan mcit on A4png, as applicable. Do you have or do you anticipate having subcoauactoc subgraaLces n> [his proposed cocia =?_ YES NO The potential contractorlgranaee further agrees by submitting thus ,erudcation that it will include this certification titled 'Certification Regarding Debarment. Suspension, lnebgibility. and Voluntary E_Kctusion for Coverrd Contrars and Grants" without modification. m all cowered subcontracts and in solicitations for all covered subcontracts. o. A contractor/grantee may rely upon a certification of a potential suboantractorisubgta.ntec that it is not debarred. suspended. ineligible, or voluntarily excluded from the covered can[ract/grana. unless it lmows that the certification is erroneous. A contractor/grantee mus[. at a minimum. obtain cerudcauotis from its covered subrnn[tactorrsubgranfees upon each subcontract'sisubgrant's initiation and upon each renewal. 7. Nothing oontained in all the foregoing shall be construed to require establishment of a system of records in order to trader in good Wilt the certificaucin required by this ceritficatton document. The knowledge and information of a contmaorigrantee is not required to exceed that wtucn is normally possessed by a prudent person in the ordinary course of business dealings. 3_ ECept for contractslgrants authorized under paragraph 4 of [hese terms. if a cintractongraotee in a covered contract/grant "owingly enters into a covered subconiract/subgrant with a person who is suspended. debarred, ineligible, or voluntarily artuded from participation in the transaction. in addition to other remedies available to the federal government. Department of Health and Human Services. United State Department of Agriculture. or other federal department or agency, as applicable, and/or the Team Department on Aging may pursue available remedies, including suspension and/or debarment. Page 2 of 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Indicate which statement applies to the covered potential contractorlgrantee: The potential contractor/grantee certifies. by submtsston of this certification. that neither it nor its principals is presently debarred. suspended. proposed for debarment. declared ineligible, or voluntarily etcluded from participation in this contractigrant by any federal department or asency or by the State of Teas. The potential contractorrgrantee is unable to certify to one or more of the terms in this certuicadon. In this instanm the potential conttactorlgmatee must attach an ccplanauon for each of the above terms to which he is unable to male certification. Attach the erpiartation(s) to this certification. NAME OF POTENTLs+.L. CONTRACTOR/GRANTEE VENDOR ID NOJFEDERAL EMPLOYER'S ID NO, Signature of Authorized Representative Primed/Typed Dame of Authorized Representative Date Title of Authorized Representative THIS CERTIFICATION IS FOR FY _ , PERIOD BEGINNING and ENDING DEFLNITI©NS Covered Contract/Grant and SubconlractsiSubgrams. (1) ,Anv noeprocuremeni transaction which involves tederal funds (regardless of amount and including such arrangements as subgrants) and are between the Texas Department on Aging or its agentsigrantces and another entity. (Z) Acv 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 taxed at 10 U.S.C. Z304(g) and 41 U.S.C. �53(;) (currently 5:5.000) under a grant or subgrant. (3) Any procurement contract for goods or services lxtween a participant and a person under 3 covered ;.rant, stiogrant. contract or subcontract. regardless of amount, under which that person will have a critical influence on or substantive control over that covered transaction. a. Principal investigators. b. Providers of audit services required by the Texas Department on Aging or federal funding source - c. Researchers. DEBARMENT. An action taken by a debarring official in accordance with 45 CFR Part 766 (cr comparable federal regulations) to exciude a person from particpating m covered contracmgrants. A person so excluded is 'de barred.' GRANT An award of financial assistance. including cooperative agreements. to the toren of money, or property to lieu of money, by the federal government to an eligible grantee, 24EU-IG IB LE Excluded from participation to federal nenprocurement programs pursuant to a determination of ineligibility under statutory, executive order. or regulatory authority, other than Execuwe Order IZ549 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 me igibtliry affects such persons eligibility to participate to 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 contracugrant as an agent or representative of another participant. PERSON. Any individual, corporation. partnership. association. unit of government, or legal entity. however organized, accept: foreign governments or foreign governmental entities. public international organizations. foreign government owned (in whole or pan) 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 cnucal influence on or substantive control over a covered) contracVgrant whether or not the person is employed by the participant. Persons who have a criucal influence on or substantive control over a covered transaction are: (1) Principal investigators. (7.) Promders of audit services required by the Texas Department on .-kgtng or federal funding source - (3) Researchers. PROPOSAL A solicited or unsolicited bid, appiicauon, request. imitation to consider or similar communication by or on behalf of a person seeking to receive a covered contracugrant. SUSPENSION. An action taken by a suspending official in accordance with 45 CirR part 76 (or comparable federal reguiauons) that intmediatehv excludes a oerson from participating ut covered zontracxssiigrants for a temporary period pending completion of an investigation and such legal. debarment, or Program Fraud Civil Remedies Aft proceedings as may ensue. A person so excluded is "suspended." VOLUNTARY EXCLUSION OR VOWNTARILY EXCLUDED. A status of nonparticipauon or limited participation in covered transactions assumed by a person pursuant to the terms of a settlement. cnvironmewaf protection acts and ccecuuve orders. A person is inefigible 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 arpected to enter into a covered contract. This term also includes any person who acts on txhalf of or is authorized to commit a participant in a covered contract/Kr3nt as an agent or representative of another participant. PERSON. Any individual. corporation, partnership. association, unit of government. or legal entiry. however organized. except: foreign governments or foreign governmental entities. public international organizations, foreign government owned (in whole or pan) or controlled entities, and entities consisung 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 coveted contract/;rant whether or not the person is employed by the participant. Persons who have a critical influence on or substantive control over a covered transaction arc: (1) Principal investigators. (2) Providers of audit services required by the Teniae 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 contr3ct/grant. SUSPENSION. An action taken by a suspending official in accordance with 45 CFR pan 76 (or comparable federal regutauons) that immediately excludes a person from participating in covered contractslgmnts 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 VOLUNTARMY EXCLUDED. a status of nonparticipation or limited participation in covered transactions assumed by a person pursuant to the terms of a settlement. PART VI, BUDGET Texas Department on Aging SOUTH PLAINS AREA AGENCY ON AGING 1995 Proposed Budget Amendment 1 CITY OF LUBBOCK DATE OF REPORT: 01/10/95 SERVICES ---1 SUMMARY (ADVOCACY ICONG MEALS IPHY FITNS I PARTICIPANTS I I I 1 l I I I Total Persons 4,000 1 1,300 1 1 1 2,100 1 1,6013 1 1 1 Total Elderly 3,900 1 1,300 1 I I 2,000 1 1,500 I I I 1. Elderly Impairment k I I I LOW Impairment N/A I N/A I N/A I N/A I MOD Impairment N/A I N/A I N/A l N/A SEV Impairment N/A I N/A I I I N/A I N/A I I I 2. Elderly Minority I I I I Indian 9 1 3 1 8 1 6 1 Asian 7 1 4 1 3 1 0 1 Black 220 1 120 l 163 1 59 l Hispanic 42.1 1 206 1 307 1 128 1 Total Minority 657 1 333 1 1 I 481 l 193 1 I I 3. Low Income Elderly I l l I Non -Minority 1,846 1 800 l 1,376 1 750 1 Minority 604 1 327 1 463 1 190 1 Total Low Income 2,450 1 1,127 1 1 I 1,839 l 940 I I I 4. mural Elderly 0 l 0 1 I I 0 1 1,000 1 I I TOTAL UNITS ALL PERSONS N/A 1 3,000 l 1 1 90,188 1 1,600 1 1 1 TOTAL 60+ UNITS N/A 1 3,000 1 1 1 90,000 1 1,500 1 1 1 Low IMP Units N/A I N/A I N/A l N/A I Mod IMP Units N/A I N/A I N/A I N/A I Sev IMP Units N/A I N/A I I I N/A I N/A I l l EXPENSES I I I I t I i I Service Costs 533,731 1 39,201 i 1 1 424,101 1 36,062 1 1 1 Personnel 264,227 1 27,597 1 179,791 1 28,949 1 Prof. Dev. 800 1 350 1 225 1 150 1 Promotion 5,463 1 1,739 1 1,738 1 1,600 1 Equipsent Costs 1,650 1 0 1 250 1 1,4018 1 Meals/Food 215,200 1 0 1 215,200 I 0 I Materials 10,125 1 2,725 1 4,800 1 2,050 1 Occupancy 28,250 1 5, 2+00 1 20,747 1 1, 803 1 Transport 4,866 1 0 1 0 1 0 1 Other Costs 3,150 1 1,590 1 1,350 1 110 1 Adain Alloc 0 1 0 1 I 1 0 1 0 1 1 i Capital Equipment 0 1 0 1 0 1 0 i Cap Equip, Contract Admin 0 1 1 I I Direct Purchased Services 0 1 0 1 0 1 0 1 PAGE 1 Texas Department on Aging SOUTH PLAINS AREA AGENCY ON AGING 1995 Proposed Budget Amendment 1 CITY OF LUBBOCK DATE OF REPORT: 01/10/95 SERVICES ---) SUMMARY 1ADVOCACY 1CONG MEALS IPHY FITNS I TOTAL SERVICE RESOURCES 533,731 1 39,201 1 1 1 424,101 1 36,062 1 1 1 Program Income 55,725 1 0 1 54,000 1 0 l USDA 55,314 1 0 1 55,314 l 0 1 Title XIX 0 1 0 1 0 1 0 I Title XX 0 1 0 1 0 l 0 1 UMTA 0 1 0 1 0 1 0 I Title V 0 1 0 1 0 1 0 I Other Fed 1 0 1 0 1 0 1 0 1 Other Fed 2 0 1 0 1 0 1 0 1 Title VII 0 1 0 1 0 1 0 1 State Home 0 1 0 1 0 I 0 I State Options 0 1 0 1 0 1 0 I State Rev 3 0 1 0 1 0 1 0 1 Local Cash 244,844 1 24,624 1 171,237 1 27,076 1 Local Inkind 33,543 1 6,200 1 25,040 1 1,803 1 Volunteers 16,669 1 0 1 12,986 1 3,683 1 Fares 0 1 0 1 0 1 0 I Misc. Rev. 0 1 0 1 0 1 0 1 Title 111 127,636 1 8,377 1 105, 524 1 3,500 1 TOTAL CAPITAL EQUIP RESOURCES 0 1 0 1 1 l 0 1 0 1 1 1 Program Income 0 1 0 1 0 1 0 I Fed Rev 1 0 1 0 1 0 I 0 I TITLE VII 0 1 0 1 0 1 0 I State Rev 1 0 1 0 l 0 1 0 1 State Options 0 1 0 1 0 l 0 I Local Rev 1 0 1 0 1 0 1 0 1 Local Rev 2 0 1 0 1 0 1 0 I Title III 0 1 0 1 0 1 0 1 TOT. DIR. PURCHASED RESOURCES 0 I 0 1 1 1 0 1 0 1 I 1 Program Income 0 1 0 1 0 1 0 1 Fed Rev 1 0 1 0 1 0 I 0 I Fed Rev 2 0 1 0 1 0 1 0 I State Rev 1 0 1 0 1 0 1 0 1 State Options 0 1 0 1 0 1 0 1 Local Rev 1 0 1 0 1 0 1 0 1 Local Rev 2 0 1 0 I 0 1 0 I Title III 0 1 0 1 0 1 0 I Title VII 0 1 0 1 0 1 0 1 TOTAL CAPITAL EQUIP RESOURCES 0 1 1 I I (For Contracted Administration) l I I I Program Income 0 1 I I 1 Fed Rev 1 0 1 I I I TITLE VII 0 1 1 1 1 State Rev 1 0 1 1 1 1 State Options 0 1 I I I Local Rev 1 0 1 1 1 1 Local Rev 2 0 I I I I Title III 0 1 1 1 1 cQ3E 2 Texas Department on Aging SOUTH PLAINS AREA AGENCY ON AGING 1995 Proposed Budget Amendment 1 CITY OF LUBBOCK DATE OF REPORT: 01/10/95 SERVICES ---> SUMMARY (ADVOCACY ICONG MEALS IPHY FITNS 1 SUMMARY STATISTICS I 1 V t I 1 I 1 1. Percent Resources Budgeted 100.00 1 100.00 I 1 100.00 I 1 100.00 1 I 1 2. Title III % of Resources 23.91 1 41.37 1 1 24.88 I 1 9.71 1 I 3. Avg Unit Cost (Svc Only) N/A 1 1 13.07 1 I 1 4.70 1 I 1 1 22.54 1 1 1 4. Svc. Cost Per Person 133 1 30 I 1 202 I 1 23 1 l 1 5. Svc Cost by Impairment I I 4 I LOW Impairment N/A I N/A I N/A I N/A I MOD Impairment N/A I N/A I NIA I N/A I SEV Impairment N/A I N/A I I N/A I I N/A 1 1 1 6. Svc Cost for Low Income 326,910 1 33,984 1 371,391 1 21,186 1 Non—Minority 246,317 1 24,124 1 277,887 I 16,904 1 Minority 80,593 1 9,861 l 1 93,504 l 1 4,282 1 I I 7. Avg Units by Impairment t I I I Low IMP 'Units N/A I N/A I N/A I N/A I Mod IMP Units N/A I N/A I N/A 1 N/A I Sev IMP Units N/A I N/A I I N/A E I N/A I I I 8. Administration Stats. I I I I Dollars allocated 0 1 0 1 0 1 0 1 Percent of Admin Total 0.00 1 0.00 1 0.00 1 0.00 I Percent of Service Total 0.00 1 0.00 1 0.00 1 0.00 1 PAGE 3 Texas Department on Aging SOUTK PLAINS AREA AGENCY ON AGING 1995 Proposed Budget Amendment 1 CITY OF LUBBOCK DATE OF REPORT: 01/113/95 SERVICES ---} TRAN D/R I PARTICIPANTS { 1 Total Persons 100 1 Total Elderly I i00 I I 1. Elderly Impairment I LOW Impairment N/A I MOD Impairment N/A I SEV Impairment N/A I 1 2. Elderly Minority I Indian 0 1 Asian 0 1 Black 15 1 Hispanic 25 1 Total Minority 40 1 3. Low Income Elderly I I Non -Minority 55 1 Minority 40 1 Total Low Income 95 1 4. Rural Elderly 1 0 1 I TOTAL UNITS ALL PERSONS 11,550 1 TOTAL 60+ UNITS I 11,500 1 Low IMP Units 1 N/A I Mod IMP Units N/A I Sev IMP Units N/A I I EXPENSES I Service Costs I 34,367 1 1 Personnel 27,890 1 Prof. Dev. 75 1 Promotion 386 1 Equipment Costs 0 I Meals/Food 0 I Materials 550 1 Occupancy 500 1 Transport 4,866 1 Other Costs 100 1 Admin Alloc 0 1 Capital Equipment 1 0 I Direct Purchased Services 0 I PAGE 4 Texas Department on Aging SOUTH PLAIN'S AREA AGENCY ON AGING 1995 Proposed Budget Amendment 1 CITY OF LUBBOCK DATE OF REPORT: 01/10/95 SERVICES ---> TRAN D/R I TOTAL SERVICE RESOURCES 34,367 1 1 Program Income 1,725 1 USDA 0 1 Title XIX 0 I Title XX 0 1 UMTA 0 1 Title V 0 l Other Fed 1 0 I Other Fed 2 0 1 Title VII 0 1 State Home 0 I State Options 0 I State Rev 3 0 1 Local Cash 21,907 1 Local Inkind 500 1 Volunteers 0 1 Fares 0 1 Misc. Rev. 0 1 Title III 10,235 1 TOTAL CAPITAL EQUIP RESOURCES 0 Program Income 0 1 Fed Rev 1 0 1 TITTLE VII 0 1 State Rev 1 0 I State Options 0 I Local Rev 1 0 I Local Rev 2 0 I Title III 0 I TOT. DIR. PURCHASED RESOURCES 0 i 1 Program Income 0 1 Fed Rev 1 0 1 Fed Rev 2 0 1 State Rev 1 0 1 State Options 0 I Local Rev 1 0 I Local Rev 2 0 1 Title III 0 1 Title VII 0 1 RAGE 5 Texas Department on Aging SOUTH P AINS AREA AGENCY ON AGING 1995 Proposed Budget Amendment 1 CITY OF LUBBOCK DATE OF REPORT: 01/10/95 SERVICES ---? TRAN D/R I SUMMARY STATISTICS 1 1 1. Percent Resources Budgeted 100.00 1 I 2. Title III % of Resources 29.78 1 I — — 3. Avg Unit Cost (Svc Only) I 2.99 1 1 4. Svc. Cost Per Person 344 1 l 5. Svc Cost by Impairment I LOW Impairment N/A I MOD Impairment N/A I SEV Impairment N/A I 1 6. Svc Cost for Low Income 32,649 1 Ikon—Minority 18,902 1 Minority 13,747 1 I 7. Avg Units by Impairsent i Low IMP Units N/A 1 Mod IMP Units N/A I Sev IMP Units N/A I I 8. Administration Stats. 1 Dollars allocated 0 I Percent of Admin Total 0.00 I Percent of Service Total 0.00 1 1 PAGE b Resolution No. 4855 .dune 8, 1995 Item #11 AMENDED AGREEMENT FOR CASH PAYMENT IN LIEU OF DONATED COMMODITIES (Nutrition Programs for the Elderly) BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND CITY OF LUBBOCK STATE OF TEXAS COUNTY OF LUBBOCK SECTION 1. USDA-95-AlOO This Agreement is made by and between the South Plains Association of Governments pursuant to its authority under Chapter 101, Humgn Resources Code Texas Civil Statues, as amended by the 71st Legislature, Regular Session, hereinafter referred to as "SPAG" and City of Lubbock, hereinafter referred to as the "Contractor." SECTION 2. This Agreement is made to provide payment to Contractor of USDA Cash in Lieu of Commodities as provided by 307 (a) (7) of the Older Americans Act of 1965, as amended (42 U.S.C., Section 3001, et. seq.). For the purposes ofo this Agreement ("Regulations") refers to the regulations of the United States Department of Agriculture thereunder (7 CFR Part 250 and any amendments thereto. SECTION 3. This Agreement shall be effective from October 1, 1994 through September 30, 1995 when executed by both parties and shall continue until terminated, as provided herein. Either party hereto may, by giving at least 30 days written notice, terminate this Agreement: Provided however, that upon receipt of evidence that the terms and conditions of this Agreement and Regulations have not been fully complied with by the Contractor, SPAG may terminate this Agreement immediately by notice in writing to the Contractor. Provided further, that, in the case of noncompliance with the Civil Rights regulations, terminations shall be in accordance with hearing procedures established therefore. Upon any termination of this Agreement, the Contractor agrees to comply with the instructions of SPAG either to disburse all cash payments received hereunder remaining in its possession or to return such payment to SPAG. SPAG agrees to perform the following services: A. To the extent that funds are available, to make cash payments to the Contractor pursuant to 250.12 of the Regulations, in a pro rata amount, based on eligible meals served. The Contractor agrees: A. To accept payments provided by SPAG pursuant of 250.12 of the Regulations. B. To establish procedures to ensure that such disbursements are used solely for the purpose of purchasing United States agricultural commodities and other foods of United States origin for use in feeding operations. C. To maintain and retain, for three years from the close of the Federal fiscal year to which they pertain, complete and accurate records of all amounts received. D. To permit representatives of SPAG to inspect, audit, and copy the records referred to in (C) above at any reasonable time. E. To comply with any instructions or procedures issued in connection with the Regulations. F. To assure SPAG that the program of cash disbursements made here- under will be conducted in compliance with all requirements imposed by or pursuant to the Civil Rights Act of 1964 and regulations of the United State Department of Agriculture there- under (7 CFR Part i luding amendmeneyts thereto. WITNESS OUR Hands effect' e this 1h d� �`Ju-ne , 1995. Signed: Reviewed by: 'Authorized Signatur� Title DAVID R. LANGSTON MAYOR Debra Crowder, Finance Director Approved and accepted on behalf4Jery ath Pla' Assflci tion of Governments rJ -moi . C s evens, E.ecu Iv Direc or ATTEST: APPROVED AS TO CO ENT: f�a� Betty'JohnsonCity Secretary Doug Goodman, anaging Director of Health & Com ity Services APPROVED AS TO FORM: Harold Willard, Assistant City Attorney