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HomeMy WebLinkAboutResolution - 2020-R0325 - Senior Center Operations Contract with SPAGResolution No. 2020-RO325 1=127 mf jplll September 22, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Senior Center Operations Contract for funds to pay for the operation of senior citizen sites, by and between the City of Lubbock and the South Plains Association of Governments, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on September 22, 2020 DANIEL M. POPE, AYOR AN: 'f AC4�✓ Rebecca arza, City Secretary APPROVED AS TO CONTENT: --i)A� ��� Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Ryan ooke, s'sistant City Attorney ccdocs/RES.Senior Center Operations Contract-SPAG 9.1.20 Resolution No. 2020-RO325 SENIOR CENTER OPERATIONS CONTRACT I. AUTHORITY TO CONTRACT The authority on which this contract is based derives from the Older Americans Act (OAA), as amended, and its regulations; HHS regulations on Administration of Grants; Title 45 Code of Federal Regulations (CFR), Part 75; Title 45 CFR, Part 92; Title 45 CFR, Part 91; the Uniform Grant Management Standards (UGMS), Governor's Office of Budget and Planning; and all applicable Texas Health and Human Services (HHS) and Area Agencies on Aging (AAA) Rules as published in the Texas Administrative Code (TAC) under Chapters 81, 83, and 85 (Title 40 Part 1, Texas Administrative Code); and, all state and local laws as pertains to this contract and its attachments. II. CONTRACTING PARTIES This contract is between the South Plains Association of Governments, hereinafter referred to as AGENCY, and City of Lubbock, hereinafter referred to as Vendor. Whereas the State of Texas, acting through the Texas Health and Human Services (HHS), has designated the South Plains Association of Governments to act as the Area Agency on Aging (AAA), and whereas the AAA is the designated authority under the OAA to administer OAA funds, the AGENCY and the VENDOR hereto have severally and collectively agreed and by execution hereof are bound to the mutual obligations set forth herein and to performance and accomplishment of the tasks hereinafter described. III. CONTRACT PERIOD This agreement will become binding on the date of the signature by both parties. Notwithstanding this date, the term of the contract will begin on April 1, 2020, and end on March 31, 2021 or the date that the COVID Disaster declared by the Governor of Texas is allowed to expire, whichever occurs first. The amount of the contract is $4,215.00 federal dollars per month and not to exceed a maximum of $50,580.00 for the contract period. IV. CONTRACT EXTENSIONS The parties to this contract may,' by mutual agreement, extend this contract for a specified period. Any extension shall be in writing, with specific reference to this contract, and shall be subject to all of the terms and conditions of this contract and made a part thereof for all purposes. Senior Center Operations Contract Page 1 of 3 V. AMENDMENTS TO THE CONTRACT This agreement may be amended in writing upon mutual agreement by both parties or when dictated by implementation of laws and rules becoming effective within the contract period as pertains to the scope of this contract and its attachments. Amendment to this contract is also made upon submission to and approval by the AGENCY of an amended budget. VI. CONTRACT PURPOSE The purpose of this contract is to provide funds to pay for the operation of the senior citizen site. These funds are to be utilized for the expense of utilities, rent, salary, and indirect cost. VII. DEFINITION OF SENIOR CENTER OPERATIONS The operation of community facilities where older individuals meet together to pursue mutual interests, receive services and/or take part in activities which will enhance their quality of life, support their independence, and encourage their continued to involvement in and with the community. VIII. CONTRACT GOAL The goal of this contract is to provide funding for the daily cost of the operations at the Senior Citizen site to ensure that participants will have a community facility to assemble. IX. FUNDING OBLIGATIONS The VENDOR acknowledges the AGENCY'S obligation hereunder for payment, in consideration of full and satisfactory performance of activities described in this contract, is limited to monies received from the Texas Health and Human Services (HHS), the State of Texas, and any other originating funding source. The AGENCY shall not be liable to the VENDOR for costs incurred or performance rendered unless such costs and performances are strictly in accordance with the terms of this contract, including but not limited to, terms governing the VENDOR'S promised performance and unit rates and/or reimbursement capitations specified. The AGENCY shall not be liable to the VENDOR for any expenditures which are not allowable costs as defined in the CFR, Title 45, Parts 75 and 92, as amended, or which expenditures have not been made in accordance with the fiscal guidelines and requirements outlined by the AGENCY. The AGENCY shall not be liable to the VENDOR for expenditures made in violation of regulations promulgated under the OAA, as amended, or in violation of the AGENCY rules, UGMS, or this contract. Senior Center Operations Contract Page 2 of 3 XIV. ACCEPTANCE OF CONTRACT I, the undersigned, certify that I have read and understand the terms of this contract and that this agency will abide by them. I further certify that I am authorized to sign for the VENDOR agency. City of Lubbock Legal Name of ontracted Provider Signature Daniel M. Pope Printed/Typed Name of Signer September 22, 2020 Date Senior Center Operations Contract Page 3 of 3 South Plains Association of Governments N e Are get on Aging Signature Tim C. Pierce Printed/Typed Name of Signer April 1, 2020 Date Subrecipient No. A-100 Amendment 2 - to the Senior Center Operations Contract Between South Plains Association of Governments Area Agency on Aging and City of Lubbock This Amendment is made between South Plains Association of Governments Area Agency on Aging (SPAG AAA) and City of Lubbock (Subrecipient) to the Contract dated April 1, 2020 ("the Original Contract"). The Contract is being amended with the following revisions: The Senior Center Operations contract for the period beginning April 1, 2020 and ending March 31, 2021 is extended through September 30, 2021 unless one of the following occurs: a. If the Texas Disaster Declaration ends prior to September 30, 2021 the contract ends on the effective date that the Declaration ends b. Coronavirus Aid, Relief and Economic Security (CARES) Act Title III-B funds are fully expended Except as set forth in this Amendment, the Original Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Original Agreement or any earlier amendment, the terms of this amendment will OPevail. Authorized Subrlipient Signature DANIEL M. POPE Dav-,I&I M- IPea& Print Name MAYOR Title 101 Il?� t 101,E Date ATTEST: Rebe ca Garza, City SecretQjr Authorized ignature South Plains Association of Governments (Agency) P.O. Box 3730 — Freedom Station (Address) Lubbock. Texas 79452 (City, State, Zip) February 18, 2021 (Date)