HomeMy WebLinkAboutResolution - 2638 - Grant Application- TDCA- Programs Administraion, Community Services Block Grant - 09/10/1987DGV:js
RESOLUTION
Resolution #2638
September 10, 1987
Agenda Item #27
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 a Grant Appli-
cation and all related documents. Said Grant Application is to be submitted
to the Texas Department of Community Affairs and is to be in the amount of
One Hundred Seventy -Two Thousand Four Hundred Sixty -Three and No/100 Dollars
($172,463.00) for the purpose of administering programs under the Community
Services Block Grant to relieve the effects of poverty in Lubbock County. A
copy of the Grant Application is attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Coun-
cil shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this loth day of September , 1987.
c
B. C. Mc , I N , MAYOR
ATTEST:
c
APPROVED AS TO CONTENT:
Sylvia a Inez, Community
Services Director
APPROVED AS TO FORM:
-�/ �- �- B , o��
Donald G. Vandiver, First Assistan
City Attorney
No Text
No Text
Page 2
A. Is this the fulfillment of an identifiable community goals?
As per the 2005 Goals, the City of Lubbock is charged with the
responsibility of protecting the health, safety and welfare of its
citizens. Economic hardships manifest themselves in many ways, including
the lack of basic needs: food, clothing and housing; therefore, the
department attempts to provide these needs within the community.
2. State indicators by which the staff and the City Council might be able to
evaluate the program in order to determine that it has reached the state Qoal
and objectives.
Internal controls have been implemented within the department to provide an
on-going assessment of the services provided.
Activity performance standards have been developed and are monitored on a
quarterly basis. The other grants also require a specific reporting of services
(i.e. how many homes weatherized). Reporting is also done on a weekly and monthly
basis.
Page 3
Priority shall be given to eligible households with persons sixty (60) years
or older and/or with handicapped persons, as well as, families with small children
(pre-school).
4. Are other agencies available to handle this project?
No other agencies have been authorized to administer the Community Services
Block Grant funds within Lubbock County. While a variety of other private and
governmental agencies provide services to some of the same clients, special
efforts are being made to identify unmet needs.
5. Is the activity by this grant required by state or federal law or as a
condition_of other on-- goin state or federal programs.
No, however; funds are made available to provide services within every county
in Texas.
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS Contractor Name
CITY OF LUBBOCK
ontract f
Contract Period
— 10-1-87--to 9-30-88
(� Original
D Amendment #
ATTACHMENT B
COMMUNITY SERVICES BLOCK GRANT
FFY 88 BUDGET
'
BUDGET CATEGORIES
DEPARTMENT
SHARE
CONTRACTOR TOTAL
SHARE AMOUNT
' 1. Personnel . . .
(Detailed on Budget
101,531
Support Sheet B.1)
14,042 115,573
2. Fringe Benefits . .
. . . . . . . . . 24,705
3,816 28,521
3. Travel . . . . . .
. . . . . . . . . 2,881
- 0 - 2,881
4. Equipment_
(Detailed on Budget
0 _
Support Sheet B.4)
3,600 3,600 -
5. Supplies . . . . .
1,244
9,753 10,997
6. Contractual . . . .
(Detailed on Budget
.$ 3,600
Support Sheet 6.6)
11000 4,600
7. Other$
(Detailed on Budget
10,287
Support Sheet B.7)
26,775 37,062
8. Indirect Costs . .
. . . .28.215
_ 0
(Based on currently
approved plan)
_ 28,215
27.22.% Base of 101,531
TOTALS S 1722463
* - 58,986 $131,449
Department's prior written approval for purchase or lease ofequipment
1;300 and over, is required... Approval of this budget does
with acquisition cost of
not
constitute.prior approval.
*Denotes that Contractor share total shall not .be less than 20of the total amount. Desai}
unnecessary:, Supply, only the total.-contractor's�•share. is
ATTACHMENT B.Z
CO`1MUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET
NAME OF CONTRACTOR
CITY OF LUBBOCK
-Personnel
BUDGET CATEGORIES
NO.
MOS
a
OF CSBG
PARTICI-
P - O"►
DEPARTMENT
SH4R-
Executive Director
12
100
31,637
Information & Referral Coordinator
12
Rn
17-dR4
Information & Referral Specialist
12
100
- 0 -
Outreach Worker II
12
95
18,552
Outreach Worker II
12
94
16.032
Intermediate Clerk -Typist
12
90
9,506
Outreach Worker, 2 parttime
12
100
8,320
Subtotal this na4e
101,531
GRAND TOTAL
texas Uepartment of Co.„unity Affairs
Page 1 of 4_
ATTACHMENT B.4
COMMUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET
NAME OF CONTRACTOR
CITY OF LUBBOCK
toujoment
DESCRIPTION
BRAND AND
MODEL
UNIT
COST
TOTAL
P
OF DEPT.
PARTICI-
DATION
PURCHASES
LEASES
r
IBM Personal Computer
PC - 3270
Subtotal this` a e
GRAND TOTAL
3 600
- 0 -
Texas Department of Community Affairs
Page 2 of $..
ATTACHMENT B.6
COMMUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET
NAME OF CONTRACTOR
City of Lubbock
ontractuai
BUDGET CATEGORIES
0
DEPARTMENT
SHARE
1 600
I
ATTACHMENT B.7
COMMUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET
NAME OF CONTRACTOR
CITY OF LUBBOCK
tner
BUDGET CATEGORIES
DEPARTMENT
SHARE-
HARETele
Telephone
hone
5
Meetings
_ 0 _
Advertisement
_ 0 _
Liability
490
Maintenancg_Vehicle
_ 0 _
Maintenance E ui ment
_ 0 _
—Human Services Directory0'_
Transportation (Bus Passes)
2,000
—EmergencyAssistance
?.635
Snace
- 0Vehicle -
- 0 -
Subtotal this aae
10,287
GRAND TOTAL
10,287
Texas Department of Community Affairs
Page 4 o#. 4
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TEXr ,ZPARTMENT OF COMMUNITY AFFAIRS
William P. Oi Aents, Jr.
Governor
MEMORANDUM
Willie L. Scott
Executive Director
TO: City of Lubbock Community Services Department
FROM: Barbara Wainger, Chief of Program Operations
Energy, Housing and
Economic Assistance Division
DATE: December 9, 1987
SUBJ: Community Services Block Grant
Contract No. 618048
Enclosed is your signed copy of the above document. If you have any
questions, please feel free to contact your program officer.
/gm
Enclosure
- An Equal Opportunity Employer -
8317 Cross Park Drive (512)834-6000 Post Office Box 13166
Austin, TX 78754-5124 1-800-252-9642 Austin, TX 78711-3166
`
I[x*3 DEPARTMENT OF COMMUNITY AFFAIRS
CONTRACT NO. 618048 FOR THE
COMMUNITY SERVICES BLDCK GRANT PROGRAM
'
STATE OF TEXAS
COUNTY OF TRAVIS
SECTION l. PARTIES TO THE CONTRACT
This contract ismade and entered `into byand between the Texas Department of
Community Affairs, an agency of the State of Texas, hereinafter referred to as
Department, and City of Lubbock, Community Services Department
hereinafter referred to as Contractor. The parties hereto have severally and
collectively agreed and by the execution hereof are bound to the mutual
obligations and to the performance and accomplishment of the tasks described
SECTION 2. CONTRACT PERIOD
This contract shall commence on October 1. 1987 and shall
terminate on September 30, 1988
SECTION 3. CONTRACTOR PERFORMANCE
A. Contractor shall operate, in a satisfactory manner as determined by
Department, a program to provide services and activities having a
measurable and potentially major impact on causes of poverty in the
community under the Community Services Block Grant (CSBG) Act (42 U.S.C.
Sec. 9901 et. meq.)" hereinafter referred to as the Act. Contractor shall
provide services and activities which are of the types specified under 42
U.S.C. Sec. 9004(c)(1). Contractor shall operate sucn program in
accordance with the terms oftne Performance Statement, hereinafter
referred to as Attachment A, with the terms of the Budget, hereinafter
referred to as Attachment B, which are attached hereto and hereby made a
part of this contract, and with all other terms, provisions and
requirements net forth in tnis contract.
B. Contractor shall, on an equitable basis throughout the geographical area
specified below, conduct the activities under tnis contract in the
following counties of Texas:
Page l of 13
SECTION 4. DEPARTMENT OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities
referred to in Section 3 of this contract, Department shall be liable to
Contractor for actual allowable costs incurred by Contractor during the
contract period for performances rendered under this contract by.
Contractor, subject to the limitations set forth in this Section 4, and
subject to Contractor furnishing its share of costs incurred as set forth
in Section 8 of this contract.
(1) It is understood and agreed by the parties hereto that Department's
obligations under this Section 4 are expressly made contingent upon
the actual receipt of adequate funds from the United States
Department of Health & Human Services to meet Department's
liabilities under this contract. Department, by the execution of
this contract, acknowledges that Department has received an
obligation from the United States Department of Health & Human
Services which, if paid, will be sufficient to pay costs properly
incurred by Contractor for performances rendered under this contract
in.the amount specified below in this Section 4(A)(1):
Provisional Award of CSBG Obligational Authority:
Zero and no/100 Dollars (�Q 0
Department shall not be liable to Contractor for costs incurred under
this contract which exceed the amount specified above in Section
4(A)(1) except as follows: Department, from time to time, may
provide written notification to Contractor in the form of either a
unilateral letter of notification or a bilaterally executed contract
amendment which shall serve either to obligate additional funds under
this contract or to deobligate funds previously obligated under this
contract. Any determination to obligate or deobligate funds shall be
made by Department in its sole discretion based upon factors
including but not limited to the status of funding under grants to
Department from the United States Department of Health & Human
Services, the rate of utilization of funds under this contract, and
the existence of questioned or disallowed costs under CSBG-funded
contracts. Such notification(s), if any, will specify Department's
maximum obligation to Contractor under this contract as of the
effective date of such notification. Contractor shall not incur
costs in the performance of program operations under this contract in
excess of the amounts which Department has acknowledged, either by
Section 4(A)(1) or by subsequent written notification to Contractor,
as being available to meet Contractor's costs incurred hereunder.
(2) Department shall not be liable to Contractor for any cost incurred by
Contractor which is subject to reimbursement to Contractor by a
source other than Department.
Page 2 of 13
(3) Department shall not be 'liable to"Contractor for any costs incurred
by Contractor for performance of services or activities of a type not
specified under 42 U.S.C. Sec. 9904(c)(1), or for performances
rendered which are not in accordance with the terms of this contract,
including the terms of Attachment A and Attachment B.
(4) Department shall not be liable to Contractor for any costs incurred
by Contractor in the performance of this contract which have not been
reported to Department by Contractor on Financial Status Report
(State Supplemental Form 269a --Revised) within ninety (90) days
following the termination of this contract.
(5) Department shall not be liable for costs incurred or performances
rendered by Contractor before commencement of this contract or after
termination of this contract.
(6) Department shall not be liable to Contractor for any costs incurred
by Contractor which are not allowable costs as referenced in Section
6, Cost Principles, of this contract.
(7) Notwithstanding any other provision of this contract, Department's
maximum obligation hereunder shall not exceed an amount equal to
Department's share of the total amount of actual allowable costs as
specified in Attachment B of this contract.
(8) Notwithstanding any other provision of this contract, it is
understood and agreed by the parties hereto that Department's
obligations under this contract are contingent upon actual receipt of
adequate funds from the United States Uepartment of Health & Human
Services to meet Departmental liabilities hereunder.
(9) Department shall not be liable to Contractor for any costs incurred
by Contractor or for any performances rendered by Contractor for the
purchase or improvement of land, or the purchase, construction, or
permanent improvement (other than low-cost residential weatheritation
or other energy-related home repairs, if applicable) of any building
or other facility.
(10) Notwithstanding any other provision of this contract, it is expressly
understood and agreed by the parties hereto that Department may, at
its sole option and in its sole discretion, offset any amounts
withheld or otherwise owing to Contractor under this contract against
any amount owing but unpaid by Contractor to Department arising from
this or any other contract between Department and Contractor.
B. Excess Payments
Contractor shall refund to Department, within fifteen (15) days after
Department requests, any sum of money which has been paid to Contractor by
Department which Department determines 1) has resulted in overpayment to
Contractor or 2) has not been spent strictly in accordance with the terms
of this contract.
Page 3 of 13
C. Limit of Liability
Notwithstanding any other provision of this contract, the total of all
payments and other obligations for costs incurred by Contractor under this
contract shall not exceed:
CSBG Obligational Authority: One Hundred Seventy Two Thousand Four Hundred
Sixty Three and no/100 Dollars ($172,,463.00) _
SECTION 5. METHOD OF PAYMENT
A. Advances
For each month of the period of performance of this contract, Contractor
may request an advance payment by submitting to Department, no later than
the twentieth (20th) day of the month prior to the month for which advance
payment is sought, a properly completed Request for Advance Form 270 and a
State of Texas Purchase Voucher for an amount not to exceed Contractor's
actual cash needs for the month for which such advance is sought, provided
however that Department shall not make disbursement of any such advance
payment until it has reviewed and approved such Request for Advance.
Notwithstanding the above, Uepartment reserves the right to utilize a cost
reimbursement method of payment under this contract if Department
determines that Contractor has maintained cash balances in excess of need
or if Department identifies any deficiency in the cash controls or
financial management system maintained by Contractor.
B. Minimal Cash Balance
Contractor's requests for advances shall be limited to the minimum amounts
needed for effective operation of programs under this contract, and shall
be timed as closely as possible to be in accord with actual cash
requirements. Contractor shall comply with provisions of Treasury
Circular 1075 and establish procedures to minimize the time elapsing
between the transfer of funds from Department to Contractor and the
disbursal of such funds by Contractor.
C. No later- than the twentieth (20th) day of the month following the end of
each quarter of the contract 'period specified in Section 2 of this
contract, Contractor shall submit to Department a Ouarterly Financial
Status Report (State Supplemental Form 269a --Revised). Department may in
its discretion make adjustments to advance payments requested under
Section 5(A) of this contract based upon information contained in each
such Form 269a.
U. Notwithstanding the provisions of Section 5(A) of this contract, it is
expressly understood and agreed by the parties hereto that payments under
this contract are contingent upon Contractor's full and satisfactory
performance -of its obligations under this contract.
Page 4 of 13
E. It is expressly understood and agreed by the parties hereto that any right
or remedy provided for in this Section 5 or in any other provision of this
contract shall not preclude the exercise of any other right or remedy
under this contract or under any provisions of law, nor shall any action
taken in the exercise of any right or remedy be deemed a waiver of any
other rights or remedies. Failure to exercise any right or remedy
hereunder shall not constitute a waiver of the right to exercise that or
any other right or remedy at any time.
SECTION 6. COST PRINCIPLES
Except as specifically modified or superseded by federal law or regulations,
the terms of this contract, or the terms of Uepartment issuances promulgated
hereunder, in rendering performances under this contract, Contractor shall
comply with the cost principles set forth in Circular No. A-87, as
supplemented by the final rules promulgated by the Office of the Governor at 7
Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract
Management Act of 1981, TEX. REV. CIV. STAT. ANN. art. 4413(32g), provided
that all references to "local government" shall be construed to mean
Contractor.
SECTION 7. UNIFORM AUMINISTRATIVE REQUIREMENTS
Except as specifically modified or superseded by federal law or regulations,
the terms of this contract, or the terms of Uepartment issuances promulgated
hereunder, in rendering performances under this contract, Contractor shall
comply with the uniform administrative requirements set forth in Circular No.
A-102, as supplemented by the final rules promulgated by the Office of the
Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and
Contract Management Act of 1981, TEX. REV. CIV. STAT. ANN. art. 4413(32g),
provided that all references to "local government" snail be construed to mean
Contractor.
SECTION 8. CONTRACTOR'S SHARE
A. Contractor shall be liable to Uepartment for providing 20 percent of the
total amount of costs incurred and other resources utilized for
performances hereunder. Tnis amount shall be referred to hereinafter as
Contractor's share. Contractor's share may consist of cash contributions,
in-kind contributions, or program income.
B. Amounts may be counted towards Contractor's share only if such amounts
comply with the requirements of Attachment F of OMB Circular A-102 as
supplemented by Sec. 5.157 of the Management Standards. Amounts shall not
be applied toward Contractor's share unless such amounts are incurred for
or rendered strictly in accordance with all of the terms and provisions of
this contract.
C. Funds and resources provided to Contractor under this contract may in no
way be substituted for funds or resources from any other source nor in any
way serve to reduce the resources, services, or other benefits which would
have been available to or provided through Contractor had this _contract
never been executed.
Page 5 of 13
U. The basis for determining the charges for all in-kind contributions shall
be determined in accordance with Paragraphs 4 and 5 of Attachment F of OMB
Circular A-102, as supplemented by Sec. 5.157 of the Management Standards.
SECTION 9. TERMINATION
A. Department shall have the right to terminate this contract, in whole or in
part, at any time before the date of completion specified in Section 2 of
this contract whenever Department determines that cause exists for such
termination, including but not limited to Contractor's failure to comply
with any term of this contract or with any applicable rule of Department.
Department shall notify Contractor in writing of such determination prior
to the thirtieth (30th) day preceding the date of such termination the
reason for such termination, and the portion of the contract to be
terminated. Nothing in this Section 9 shall be construed so as to limit
Department's authority to immediately suspend performances under this
contract when Department identifies possible instances of fraud, abuse,
fiscal mismanagement, or other serious deficiencies in performance.
B. Either of the parties to this contract shall have the right to terminate
this contract, in whole or in part, when both parties agree that the
continuation of the activities funded under this contract would not
produce beneficial results commensurate with the further expenditure of
funds; provided that both parties agree, in writing, upon the termination
conditions, including the effective date of such termination; and in the
case of partial termination, the portion of the contract to be terminated.
C. Upon termination or receipt of notice to terminate, whichever occurs
first, Contractor shall cancel, withdraw, or otherwise terminate any
outstanding orders or subcontracts related to the performance of this
contract or the part of this contract to be terminated, and shall cease to
incur costs thereunder. Department shall not be liable to Contractor or
to Contractor's creditors for costs incurred after termination of this
contract.
U. Notwithstanding any exercise by Department of its right of early
termination pursuant to this*Section 9, Contractor shall not be relieved
of any liability to Department for damages due to Department by virtue of
any breach of this contract by Contractor. Department may withhold any
payment to Contractor until such time as the exact amount of damages due
to Department from Contractor is agreed upon or is otherwise determined.
SECTION 10. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this contract
which are required by changes in Federal law or regulations are
automatically incorporated into this contract without written amendment
hereto, and shall become effective on the date designated by such law or
regulation.
B. It is understood and agreed by the parties hereto that performances under
this contract must be rendered in accordance with the Act, the regulations
promulgated under the Act, and the assurances and certifications made to
the United States Department of Health and Human Services by the State of
Texas with regard to the operation of the Community Services Block Grant
• Page 6 of 13
program. Based on these considerations, and in order to ensure the legal and
effective performance of this contract by both parties, it is agreed by the
parties hereto that the performances under this contract may be amended in the
following manner: Department may from time to time during the period of
performance of this contract issue policy directives which serve to establish,
interpret, or clarify performance requirements under this contract. Such
policy directives shall be promulgated by the Department in the form of CSBG
issuances, shall have the effect of qualifying the terms of this contract and
shall be binding upon Contractor as if written herein, provided however that
such policy directives shall not alter the terms of this contract so as to
relieve Department of any obligation specified in Section 4 of this contract
to reimburse costs incurred by Contractor prior to the effective date of such
policy directives. Contractor further understands and agrees that all CSBG
issuances promulgated by Department prior to the commencement date of this
contract shall remain in effect and continue to govern performances under this
contract, unless such CSBG issuances have been specifically rescinded by
Department.
C. Except as specifically provided otherwise in this contract, any
alterations, additions, or deletions to the terms of this contract shall
be by amendment hereto in writing and executed by both parties to this
contract.
To be effective, any amendment made pursuant to this Section 10(C) must be
signed by the Executive Director of Uepartment or his authorized
representative.
U. Notwithstanding Subsection C of this Section 10, Contractor may make
transfers of funds between or among line items within or between budget
categories of Attachment B without requiring an amendment to this
contract, or otherwise requiring Uepartment's prior written approval
provided that:
(1) the total dollar amount of any transfer during the contract period
among Department's share of direct budget categories is equal to or
less than five percent (5%) of the amount of total Department share
shown on Page 1 of Attachment B: and
(2) the transfer will not change the scope or objective of the programs
funded under this contract.
SECTION 11. TECHNICAL ASSISTANCE ANL MONITORING
Department reserves the right for Department or its designee to conduct
monitoring and evaluation of the performances rendered under this contract.
Department will notify Contractor in writing of any deficiencies noted during
such review, and may withhold costs as appropriate based upon such
deficiencies. Department may provide technical assistance to Contractor in
correcting the deficiencies noted. Department shall conduct follow-up visits
to review the previous deficiencies and to assess the efforts made to correct
them. If such deficiencies persist, Department may terminate tnis contract or
invoke other sanctions as Department determines to be appropriate.
Page 7 of 13
SECTION 12. RETENTION AND ACCESSIBILITY OF RECORDS
A. Contractor shall maintain fiscal records and supporting documentation for
all expenditures of funds made under this contract. Contractor shall
comply with the retention and custodial requirements for records
referenced in Section 7, Uniform Administrative Requirements, of this
contract.
B. Contractor shall give the United States Department of Health and Human
Services, the Comptroller General of the United States, the General
Accounting Office, the Auditor of the State of Texas, and Department, or
any of their duly authorized representatives, access to and the right to
examine, copy, or mechanically reproduce, on or off of the premises of
Contractor, all reports, books, papers, documents, and other records
pertaining to tnis contract. Such rights to access shall continue as long
as the records are retained by Contractor. Contractor agrees to maintain
such records in an accessible location. Contractor shall permit and
cooperate with any examination conducted pursuant to this Subsection B.
C. Contractor shall include the substance of this Section 12 in all
subcontracts.
SECTION 13. REPORTING REQUIREMENTS
A. Contractor shall submit to Department no later than the twentieth (20th)
day of the month after the end of each quarter of the contract period
specified in Section 2 of this contract, a Quarterly Financial Status
Report (State Supplemental Form 269a --Revised) of all expenditures of
funds under this contract during the previous quarter.
B. Contractor shall submit to Department no later than the twentieth (20th)
day of the month after the end of each quarter of the contract period as
specified in Section 2, a Quarterly Performance Report of the activities
performed pursuant to Attachment A of this contract during the previous
quarter. The Quarterly Performance Report shall be in a format prescribed
by Department.
C. Contractor shall submit to Uepartment no later than ninety (90) days after
the termination of this contract, a final Financial Status Report (State
Supplemental Form 269a --Revised) of all expenditures of funds under this
contract.
U. Contractor shall submit to Department no later than thirty (30) days after
the termination of this contract an inventory of the nonexpendable
personal property, as defined in the property management standards
referenced in Section 7, Uniform Administrative Requirements, of this
contract, which was acquired in whole or in part with funds received under
this -program.
E. In addition to the limitations on liability otherwise specified in this
contract, it is expressly understood and agreed by the parties hereto that
if Contractor fails to submit to Uepartment in a timely and satisfactory
manner any report required by this contract including responses to
monitoring reports, Department may, at its sole option and in its sole
Page 8 of 13
discretion, withhold any or all payments otherwise due or requested by
Contractor hereunder. if Department withholds such payments, it shall notify
the Contractor in writing of its decision and the reasons therefore. Payments
withheld pursuant to this paragraph may be held by Department until such time,
as the delinquent obligations for which funds are withheld are fulfilled by
Contractor.
SECTION 14. INUEPENUENT CONTRACTOR
It is expressly understood and agreed by both parties hereto that Department
is contracting with Contractor as an independent contractor, and that
Contractor agrees to hold Department harmless and indemnify it against any
disallowed costs or other claims which may be asserted by any third party
occurring in connection with the services to be performed by Contractor under
this contract.
SECTION 15. SUBCONTRACTS
A. Contractor shall subcontract for performances described in this contract
only after Contractor has submitted a Notice of Intent to Subcontract, on
a form prescribed by Department, for each such proposed subcontract.
B. Unless otherwise specified by Department in writing, in selecting
subcontractors hereunder, Contractor shall utilize procurement standards
set forth in Attachment 0 of the Uniform Administrative Requirements
referenced in Section 7 of this contract. Contractor, in subcontracting
any of the performances hereunder, expressly understands that in entering
into such subcontracts, Department is in no way liable to Contractor's
subcontractor(s).
C. Contractor shall ensure that the performances rendered under all
subcontracts are rendered so as to comply with all the terms and
provisions of this contract as if the performances rendered were rendered
by Contractor.
SECTION 16. CONFLICT OF INTEREST/NEPOTISM
A. Contractor covenants that neither it nor any member of its governing body
presently has any interest or shall acquire any interest, direct or
indirect, which would conflict in any manner or degree with the
performance of this contract. Contractor also covenants that in the
performance of this contract no person having such interest shall be
employed by Contractor or shall be appointed as a member of Contractor's
governing body.
B. Contractor shall ensure that no officer, employee, or member of the
applicant's governing body•or of the applicant's contractor shall vote or
confirm the_employment of any person related within the second degree by
affinity or third degree by consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise
such person.
C. Contractor shall ensure that no employee, officer, or agent of Contractor
shall participate in the selection, or in the award or administration of a
subcontract supported by funds provided hereunder if a conflict of
interest, real or apparent, would be involved. Such a conflict of
interest would arise when: 1) the employee, officer, or agent: 2) any
Page 9 of 13
member of his or her immediate family; 3) his or her partner; or 4) any
organization which employs or is about to employ, any of the above, has a
financial or other interest in the firm or person selected to perform the
subcontract.
D. Contractor's employees, officers, and/or agents shall neither solicit nor
accept gratuities, favors, or anything of monetary value from
subcontractors, or potential subcontractors.
SECTION 17. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
Contractor shall comply with the Act specified in Section 3 of this contract
and with the rules and regulations promulgated thereunder, with Treasury
Circular 1075, with the cost principles referenced in Section 6 of this
contract, with the uniform administrative requirements referenced in Section 7
of this contract, and with all Federal, State, and local laws and regulations
applicable to the activities and performances to be rendered by Contractor
under this contract.
SECTION 18. PROGRAM INCOME
Contractor shall comply with the standards for program income derived from
activities financed in whole or in part with funds provided under this
contract as referenced in Section 7, Uniform Administrative Requirements, of
this contract.
SECTION 19. NON-DISCRIMINATION ANO EQUAL OPPORTUNITY
No persons in the United States shall on the ground of race, color, religion,
sex, national origin, age, handicap, political affiliation or belief be
excluded from participation in, be denied the benefits of, be subjected to
discrimination under, or be denied employment in the administration of or in
connection with any program or activity funded in whole or in part with funds
made available unaer this contract.
SECTION 20: LEGAL AUTHORITY
A. Contractor assures and guarantees that Contractor possesses the legal
authority pursuant to any proper, appropriate and official motion,
resolution, or action passed or taken giving Contractor legal authority to
enter into this contract, receive funds authorized by this contract, and
to perform the services Contractor has obligated itself to perform
hereunder.
B. The person signing this contract on behalf of Contractor hereby warrants
that he/she has been duly authorized by Contractor to execute this
contract on behalf of Contractor and to validly and legally bind
Contractor to all terms, performances, and provisions herein set forth.
C. Department shall have the right to terminate this contract if there is a
dispute as to the legal authority of either Contractor or the person
signing the contract to enter into this contract or to render promised
performances hereunder. Contractor is liable to Department for any money
it has received from Department for performance of the provisions of this
contract if Department has suspended or terminated this contract for the
reasons enumerated in this Section 20.
Page 10 of 13
SECTION 21. AUDIT
A. Contractor shall arrange for the performance of a financial and compliance
audit of funds received under this contract. Unless otherwise directed by
Department, Contractor shall be subject to the following conditions and
limitations.
(1) Contractor shall have an audit made in accordance with the Single
Audit Act of 1984, P.L. 98-502 (hereinafter referred to as "Audit
Act"), and OMB's Circular No. A-128, "Audit Requirements for State
and Local Governments", 49 Fed. Reg. 50134 (Dec. 26, 1984).
(2) Nothing in this Section 21 exempts Contractor from maintaining
records of assistance provided under this contract or from providing
access to such records to a Federal agency or Department, as provided
for in this contract.
(3) Wnere contracts are awarded for audit services, the contracts shall
include a reference to the Audit Act and OMB Circular A-128.
B. Unless otherwise specifically authorized by Department in writing,
Contractor shall submit three copies of the report of such audit to
Department no later than one hundred twenty (120) days after the end of
the audit period. Audits performed under this Section 21 are subject to
review and resolution by Department or its authorized representative.
Resolution of findings shall be made within six (6) months after receipt
of the audit report by Department.
C. Contractor understands and agrees that it shall take immediate appropriate
corrective action after issuance of the audit report in instances of
material noncompliance with laws, regulations or this contract, but shall,
in any event, be liable to Department for any costs disallowed pursuant to
financial and compliance audit(s) of funds received under this contract.
Contractor further understands and agrees that reimbursement to Department
of such disallowed costs shall be paid by Contractor from funds which were
not provided or otherwise made available to Contractor under this contract.
U. Contractor shall take such action to facilitate the performance of such
audit(s) conducted pursuant to this Section 21 as Department may require
of Contractor.
SECTION 22. TRAVEL
A. All allowable travel costs under this contract shall be determined in
accordance with the cost principles referenced in Section 6, Cost
Principles, of this contract and with Contractor's current "Local Travel
Policy" or the rates established by law for Department employees as
applicable.
B. Except as otherwise provided herein, Department shall pay Contractor for
travel and per diem expenses at the rates established by Contractor's
Local Travel Policy. Contractor's current "Local Travel Policy" shall
Page 11 of 13
consist of a written statement which delineates the rates which Contractor
shall use in computing travel and per diem expenses of its employees.
Contractor must submit to Uepartment its current "Local Travel Policy" and
documentation that such policy has been approved by Contractor's governing
body.
C. In those instances where grantees or contractors do not have an
established organization -wide written travel policy approved by the
governing board of Contractor, the State travel regulation will prevail.
SECTION 23. POLITICAL ACTIVITY
A. None of the performances rendered by Contractor under this contract shall
involve and no portion of the funds received by Contractor hereunder shall
be used for any political activity including, but not limited to, any
activity undertaken to influence the outcome of any election, or the
passage or defeat of any legislative measure.
B. Contractor shall not engage in any political activities in violation of
Chapter 15 of Title 5, United States Code.
C. Contractor shall not engage in any activities to provide voters and
prospective voters with transportation to the polls or provide similar
assistance in connection with an election or any voter registration
activity.
D. For purposes of Chapter 15 of Title 5, United States Code, any nonprofit
private organization receiving funds under this contract which has the
responsibility for planning, developing, and coordinating community
antipoverty programs shall be deemed to be a State or local agency. For
purposes of clauses (1) and (2) of section 1502(a) of such title, any such
organization receiving funds under this contract shall be deemed to be a
State or local agency.
SECTION 24. 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.
SECTION 25. COPYRIGHT
A. Contractor may copyright any books, publications, or other copyrightable
materials developed in the performance of this contract or with funds
expended under this contract.
B. Notwithstanding the terms of Section 25(A), Department and the United
States Department of Health and Human Services shall each have a royalty
free nonexclusive and irrevocable right to reproduce, publish, or
otherwise use, and to authorize others to use, the work for government
purposes.
Page 12 of 13
SECTION 26. COMPLIANCE WITH LAW/ORDER OF 'PRECEDENCE
In rendering performances hereunder, Contractor shall comply with the
requirements of applicable federal laws and regulations. In the event of a
conflict between such laws and regulations and the terms and conditions of
this contract, precedence shall be given to the laws and regulations.
SECTION 27. PREVENTION Of FRAUD AND ABUSE
Contractor shall establish, maintain, and utilize internal program management
procedures sufficient to provide for the proper, effective management of all
program and fiscal activities funded under this contract.
SECTION 28. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this contract
relating to the subject matter of this contract that were made prior to
the execution of this contract have been reduced to writing and are
contained in this contract and the attachments hereto.
B. The below enumerated and denominated attachments are hereby made a part of
this contract, and constitute promised performances by Contractor, in
accordance with Section 3 of this contract:
(1) Attachment A, Performance Statement
(2) Attachment B, Budget
ecti�this r1st day of October- 1987
WITNESS OUR HANDS efff
Approved for content: ` ,
a.ughn endr" i ector Q
of Co muni tions Signed z
41
Approved for form: B. C. Mc Minn, Mayor
Ben amirY Linton, Assistan-t City of Lubbock
City Attorney
Approved and accepted on behalf of the Texas Department of Community Affairs, an
agency of the State of Texas.
Si gned
Willie L. Scott, Execu give Director
Texas Department of Community Affairs
This contract is not effective unless signed by the Executive Director of
Department or his designee.
Page 13 of 13
ATTACHMENT A
COMMUNITY SERVICES BLOCK GRANT
PERFORMANCE STATEMENT
ATTACHMENT A
COMMUNITY SERVICES BLOCK GRANT
Performance Statement
Service Area: Lubbock County
Contractor Name City of Lubbock, Community Services
Department
Contract Period 10/1/87 - 9/30/88
ACTIVITIES DESCRIPTION I
Contractor shall during the period of performance specified by Section 2 of this
contract (except as otherwise stated), and for low-income persons in the geographic
service area designated:
1. Comply with 42 U.S.C. Section 9904(c)(3) and maintain a governing board which
shall be so constituted that:
1/3 of the members are elected public officials currently holding office or
their representatives
at least 1/3 of the members are chosen in accordance with democratic
selection procedures adequate to assure they are representatives of the
poor in the area served
the remainder of the members are officials or members of business,
industry, labor, religious, welfare, education, or other major community
groups and interests.
2. Provide and operate a telephone information -and referral component for 9,000
individuals to assist them with making more effective use of other programs.
(Service/Activity Code 7.1)
3. Provide a social service directory for distribution to 300 social service
agencies to. assure the effective delivery of such services. (Service/Activity
Code 7)
4. Provide a tracking system to assist other social service providers in tracking
clients and thereby avoid duplicating services to clients and giving
preferenced agencies the ability to extend limited resources. (Non
Service/Activity)
5. Operate an Energy Crisis Program (ECP) to serve a minimum of 220 clients in
order to assist them in meeting urgent and immediate individuil—and family
needs. (Service/Activity Code 5.4d)
6. Provide utility payment assistance to 150 clients through community
contributions. (Service/Activity—code fib)
7. Provide emergency assistance to 125 needy clients of Lubbock County to assist
them in meeting individual and family emergencies as listed: (Service/Activity
Code 5.6c)
• transportation . medical aid
• food . utilities (non -ECP)
Page 1 of 2
ATTACHMENT A
Name City of Iuhhor_k_ Community SPrviras npp artmPnt Period 10j1jR7 - 9110jS8
8. Through a delegated agreement with the Texas Uepartment of Human Resources
(TUHR) provide funds for two emergency food pantries at TUHR office locations
to serve individuals who cannot be assisted with the Food Stamp Program. A
minimum of 5,500 individuals will be served. (Service/Activity Code 6.3)
9. Provide bus passes to a minimum of 1,800 low-income residents in need of
transportation assistance in order to assist them in making more effective use
of available services. (Service/Activity code 7.4b)
10. Sponsor an annual health fair to benefit a minimum of 600 individuals with
health, nutrition services and related information. (Service/Activity Code
7.6b)
11. Provide for 12 neighborhood meetings related to health, nutrition, education
and general beneficial information. (Service/Activity Code 2.6.2c)
12. Operate a Weatherization Assistance Program to serve 50 Lubbock County
households, 220 persons, contingent on available funding. (Service/Activity
Code 3.5)
13. Provide a Home Security service to 150 elderly homeowners. (Service/Activity
Code 7.5a)
14. Provide outreach and referral assistance to a minimum of 130 of the areas
listed be ow in order to assist them in making more effective use of other
programs. (Service/Activity Code 7.3.2a):
• Shallowater . Slaton
. Idalou _ . Wolfforth
15. Maintain in its files supporting documentation satisfactory to Uepartment of
activities conducted pursuant to this Attachment A.
Page 2 of 1
ATTACHMENT B
COMMUNITY SERVICES BLOCK GRANT
BUDGET
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
BUDGET CATEGORIES
Contractor Name City of Lubbock, _
Community Services Oeaartment
Contract # 618048
Contract Period 10-1-87 to 9-30-88
177Original
ATTACHMENT B
COMMUNITY SERVICES BLOCK GRANT
FFY '88 BUDGET
DEPARTMENT
SHARE
1. Personnel . . . . . . . . . $ 101,531
(Detailed on Budget Support Sheet B.1)
2. Fringe Benefits . . . . . . . . . . $ 24,705
3. Travel . . . . . . . . . . . $ 2, 881
4. Equipment . . . . . . . . . . . . $ - 0 -
(Detailed on Budget Support Sheet B.4)
5. Supplies . . . . . . . . . . . . $ 1,244
6. Contractual . . . . . $ 3,600
(Detailed on Budget Support Sheet B.6)
7. Other. . . . . . $ 10,287
(Detailed onBudget Support Sheet B.7)
1_1 Amendment #_
CONTRACTOR TOTAL
SHARE AMOUNT
8. Indirect Costs . . . . . . . . $ 28,215
(Based on currently approved plan)
27.7'2%Base of $101,531
TOTALS $ 172,463 *$ 58,986 $ 231,449
Department's prior written approval for purchase or lease of equipment with acquisition cost
of $300 and over is required. Approval of this budget does not constitute prior approval.
' Denotes that Contractor share total shall not be less than 20% of the total amount. Detail
is unnecessary. Supply only the total contractor's share.
ATTACHMENT B
COMMUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET B.1
NAME OF CONTRACTOR
City of Lubbock,Community Services Department
Personnel
BUDGET CATEGORIES
NO.
MOS.
OF CSBG
PARTICI-
PATION
DEPARTMENT
SHARE
Executive Director
12
100
$ 31,637
Information & Referral Coordinator
12
80
17,484
Information & Referral Specialist
12
100
- 0 -
Outreach Worker II
12
95
18,552
Outreach Worker II
12
94
16,032
Intermediate Clerk -Typist
12
90
9,506
Outreach Worker, 2 part-time
12
100
8,320
Subtotal this page
GRAND TOTAL
$ 101,531
Page 1 of 1 IrAaa urNdrimeni or lAmmuniry Arralrs
a
ATTACHMENT B
COMMUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET B.4
NAME OF CONTRACTOR I
City of Lubbock,Community Services Department I
Fnuinmonf
DESCRIPTION
BRAND AND
MODEL
UNIT
COST
TOTAL
x
OF DEPT
PARTICI-
PATION
PURCHASES
LEASES
IBM Personal Computer
PC - 3270
3,600
$ 3,600
- 0 -
Subtotal this page
GRAND TOTAL
$ 3,600
1 0 -
texas ueparrment or community Arrairs
Page 1 of 1
ATTACHMENT B
COMMUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET B.6
NAME OF CONTRACTOR
City of Lubbock,Community Services Department
Contractual
DEPARTMENT
BUDGET CATEGORIES I SHARE
Audit 1 $ 2,000
Food Sub -Contract (TDHR - Emergency Food Pantries) 1 1,600
al this Da
GRAND TOTAL 1 $ 3,600
Texas Department of Community Affairs
Page 1 of 1
r
ATTACHMENT B
COMMUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET B. 7
NAME OF CONTRACTOR
City of Lubbock,Community Services Department
Other
BUDGET CATEGORIES
DEPARTMENT
SHARE
Telephone $ 5,162
Commission Meetings - 0
Advertisement - 0 -
Liability 490
Maintenance Equipment - U -
Human Services Director - 0 -
Transportation (Bus Passes) 2,000
Emergency Assistance 2,635
Space - 0 -
Vehicle - 0 -
Subtotal this page
GRAND TOTAL $ 10,287 11
Texas Department of Community Affairs
Page 1 of 1