HomeMy WebLinkAboutResolution - 1258 - Contract - TDCA - Community Services Block Grant Program - 11/11/19821.
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RESOLUTION 1258 - 11/11/82
WHEREAS, the Community Services Department of the City of Lubbock, Texas,
desires to enter into a contract with the Texas Department of Community Affairs
for a Community Services Block Grant; and,
WHEREAS, the.City Council of the City of Lubbock, Texas has determined
that said Community Services Block Grant would provide assistance in the best
interest of the health, safety and welfare of the citizens of the City of
Lubbock; NOW THEREFORE:
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 sign Community Services Block Grant Contract Number 00019206183 in
the amount of $142,327.00 for the period of October 1, 1982 to September 30,
1983.
Passed by the City Council this 11th day ovembeA 1982.
r
r
BI L McALISTER, MAYOR
ATTEST:
Evelyn Gaf ga, City Keolle y -Treasurer
APPROVED AS TO CONTENT:
Vefughn rie, Virector`of Com-ftnity Relations
APPROVED AS TO FORM:
—aA7,
Donald G. Vandiver, First Asst. City Attorney
�RESOLUTION 1258, 11/11/82
• , �i>' SFr4�rnQY.RF4C!1REIf TDCA
TEXAS f)�
EPARTMENT W COMMUNITY AFFAIRS
. CONTRACT POR
COMMUNITY SERVICES BLOCK GRANT PROGRAM
STATE OF TEXAS
COUNTY OF TRAVIS
SECTION 1. PARTIES TO THE CONTRACT
This contract is made and entered into by and be the Texas Department of ,
Community Affairs, an agency, of the State of Texas, hereinafter referred to as
Department, and -City of Lubbock,
hereinafter referred to as Contractor.'
The partes hereto have severally and
collectively agreed and by the execution hereof are bound to the mutual obliga-
tions and to the performance and accomplishment of the tasks described herein.
SECTION 2. CONTRACT PERIOD
This contract shall commence on October 1 , 1,982, and shall terminate on
September 3Q 1983.
SECTION 3. CONTRACTOR PERFORMANCE
Contractor shall operate, in a satisfactory manner as determined by Department,
a program to provide services and activities having a measurable and potential-
ly major impact on causes of poverty in the community under the Community
Services Block Grant (CSBG) of the Omnibus -Budget- Reconciliation Act df 1981
(P.L. No. 97-35, Secs. 671-683), 42 U.S.C. 9901 et se
q-9 , hereinafter
referred to as the Act. Contractor shall provide services and activities which
are of the types specified under Section 675(c)(1) of the Act. 'Contractor
shall operate such program in accordance with the terms of the 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 set forth in this contract.
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 shalT.be liable to
Contractor for actual allowable costs incurred by Contractor during the
contract period for performances rendered under this contract by Contrac-
tor, 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
Page 1 of 13
the actual rec ipt_of adequate funds from the United States Department
of Health and Liman Services to meet Department's liabilities under
this contract. Department, by the execution of this contract, acknow-
ledges that Department has received an obligation from the United
States Department of Health and Human Services which, if paid, will be
sufficient to pay costs properly incurred by Contractor for perfor-
mances rendered under this contract in the amount specified below in
this Section 4(A)'(1):
Zero and no/100 Dollars ($00.00)
Department shall not be liable to Contractor for costs incurred under
this contract which exceed the amount specified above in this Section
4(A)(1) except as follows: Department, from time to time, may
written notification to Contractor in the form of either a unilaterale
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 such factors as
the status.of funding under grants to Department from the United
States Department of Health and Human Services and the rate of
utilization of funds under this contract. 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 amount which Depart-
ment has acknowledged, either by this Section 4(A)(1) or by subsequent
written notification to Contractor, as being available to meet
Contractor's costs incurred hereunder. Notwithstanding the above,
Department shall be liable for all costs properly incurred hereunder
prior to receipt by Contractor of written notification of deobligation
of funds, irrespective of whether the costs incurred prior to receipt
of written notification exceed the limitation on liability specified
in such written notification.
(2) Department shall not be liable to Contractor for any costs incurred by
Contractor, or any portion thereof, which has been paid to Contractor
or is subject to payment to Contractor, or has been reimbursed to
Contractor or is subject to reimbursement to Contractor by any source
other than Department or Contractor.
(3) Department shall not be liable to Contractor for any costs incurred by
Contractor for performance of services or activites of -a type not
specified under Section 675(c)(1) of the Act, or for performances
rendered which are not in accordance with the terms of this contract,
including the terms of Attachment -A, Performance Statement, and
Attachment B, Budget.
(4) Department shall not be liable to Contractor for any costs incurred by
Contractor in the performance of this contract which have not been
billed to Department by Contractor within sixty (60) days following
the termination of this contract.
Page 2 of 13
i
(5) Department shall not be liable for costs incurred or performances
rendered by Contractor before commenceme't of this contract or after
termination of this contract. r.
(6) Department shall not be liable to Contractor for any costs incurred.by
Contractor which are not allowable costs as defined in Section 6, Cost
Principles, of this contract. -
(7) Notwithstanding any other provision of tis contract, Department's
maximum obligation hereunder shall not a ceed an amount equal to De-
partment's share of the total amount of ctual allowable costs as
specified in Attachment B, Budget, of this contract.
B. Excess Payments
Contractor shall refund to Department 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 pent strictly in accordance
with the terms of this contract within thirty (30) days after the refund is
requested by Department.
C. Limit of Liability ,
Subject to Section 4(A)(1) of this contract, b
provision of this contract, the total of all p
incurred by Department under this contract sha
One Hundred Forty Two Thousand Three Hundred 1
SECTION 5. METHOD OF PAYMENT
A. Initial Advance
ut notwithstanding any other
ayments and other obligations
11 not exceed the sum of
wenty Seven and no/100 Dollars
,.iLi • VVJ.
Within a reasonable time after the effective date of execution of this con-
tract, Department shall make an initial advance payment to Contractor,
against Department's liabilities accrued or to be accrued hereunder, of an
amount not to exceed 12.5% of Department's maximum monetary obligation as
specified in Section 4(C) of this contract, r vided however that
Department shall not make disbursement of such initia advance payment
until Department has received from Contractor i properly completed Request
for Advance Form 270, and Department has reviewed and approved such Request
for Advance.
B. Subsequent Advances
For each month subsequent to the first month.o the period of performance
of this contract, Contractor may request an ad itional advance payment by
submitting to Department, no later than the tw ntieth (20th) day -of the
month prior to the month for which advance payment is sought, a properly
completed Request for Advance Form 270 for an amount not to exceed 8`1A of
Department's maximum monetary obligation as set forth in Section 4(C) of
the contract, provided however that Department shall not make disbursement
of any such subsequent advance payment until it has reviewed and approved
such Request for Advance.
Page 3 of. 13
C. Minimal Casl, 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 require-
ments. Contractor shall -establish procedures to minimize the,time elapsing
between the transfer of funds from Department to Contractor and the dis-
bursal of such funds by Contractor.
D. 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 Quarterly Financial
Status Report -State Supplemental Form 269a. Department may in its
discretion make adjustments to advance payments requested under Section
5(B) of this contract'based upon information contained in each such Form
269a.
E. Notwithstanding the provisions of Sections 5(A) and 5(B) 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.
F. It is expressly understood and agreed by the patties hereto that any right
or rernedy 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
A. If Contractor is a "local government" as defined in Section 3(1) of TEX.
REV. CIV. STAT. ANN. art. 4413(329), Contractor shall comply with the cost
principles set forth in Office of Management ana Budget (OMB) 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(329).
B. If Contractor is a nonprofit organization as defined in Section 4 of Office
of Management and Budget (OMB) Circular No. A-122, 45 Fed. Reg. 46022 et
seq. (1980), Contractor shall comply with the cost principles set forth in
O17B Circular No. A-122, except that -all references to "awarding agency" in
OMB Circular No. A-122 shall be construed to mean "Department." Notwith-
standing any other provision of this Section 6(8), Department may in
particular instances grant written exceptions to the application of the
provisions of OMB Circular A-122 when Department determines, in its sole
discretion, that to grant such exceptions would be in furtherance of CSBG
program objectives.
C. If Contractor is an organization other than a local government or a non-
profit organization as def fined in this Section 6, prior to incurring costs
hereunder, Contractor must request and receive written instructions from
a.partrnent regarding the cost principles which shall be applicable to
Contractor's organization under this contract. _
Paye 4 of 13
•SECTION 7. UNIFORM ADMINISTRATIVE REQUIREMENTS
A. If Contractor is a "local government" as defined in Section 3(1) of TEX.
REV. CIV. STAT. ANN. art. 4413(32g), Contractor shall comply with the
uniform administrative requirements set forth in Office of Management and
Budget (OMB) 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).
B. If Contractor is a nonprofit organization as defined in Section 6(b) of
Office of Management and Budget (OMB) Circular No. A-110, 41 Fed. Reg.
32016 et seq. (1976), Contractor shall comply with the uniform administra-
tive requirements set forth in OMB Circular NO. A-110, except that all
references to "federal sponsoring agency" shall be construed to mean
"Department." Notwithstanding any other provision of this Section 7(B),
Department may in particular instances grant written exceptions to the
application of the provisions of OMB Circular No. A-110 when Department
determines, in its sole discretion, that to grant such exceptions would be
in furtherance of CSBG program objectives.
C. If Contractor is an organization other than a local government or a non-
profit organization as defined in this Section 7, prior to incurring costs
hereunder Contractor must request and receive written instructions from
Department regarding the uniform administrative requirements applicable to
Contractor's organization under this contract.
SECTION 8. CONTRACTOR'S SHARE
A. During the period of performance of this contract, Contractor shall provide
an amount not less than twenty percent (20%) of the total amount of
allowable costs incurred and other resources utilized for performances
hereunder. This amount shall be referred to hereinafter as Contractor's
share. Contractor's share may consist of cash contributions or in-kind
contributions computed in accordance with the cost principles applicable to
Contractor's organization referenced in Section 6, Cost Principles, of this
contract.
B. Amounts may be counted towards Contractor's share only if such amounts are
costs or resources of a type specified by line items or cost categories
delineated in Attachment B, Budget, and only if such amounts are computed
in accordance with cost sharing and matching requirements applicable to
Contractor's organization referenced in Section 7, Uniform Administrative
Requirements, of this contract.
SECTION 9. TERMINATION
A. Termination for Cause
Department shall have the right to terminate this contract, in whole or in
part, at any time prior to the date of completion specified in Section 2 of
this contract whenever Department determines that Contractor is substan-
tially failing to comply with the terms of this contract. Department shall
promptly notify Contractor in writing of such determination, the reasons
for such termination, and the effective date of such termination.
Page 5 of 13
B. Termination for Cc,nvenience
Either of the parties hereto shall have the right, in such party's sole
discretion and at such party's sole option, to terminate and bring to an
end all performances to be rendered under this contract by notifying the
other party hereto in writing of such termination at least thirty (30) days
prior to the effective date of termination.
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 Contrac-
tor's creditors for costs incurred after the date of termination of this
contract.
D. Notwithstanding any exercise by Department of its right of early termina-
tion pursuant to this Section, 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 Depart-
ment 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 automati-
cally 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
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 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 Director of Department's
Economic Opportunity Division 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 i n Section 4 of this contract to
reimburse costs incurred by Contractor prior to the effective date of such
policy directives.
C. Except as specifically provided otherwise in this contract, any altera-
tions, additions, or deletions to the terms of this contract shall be by
amendment hereto in writing and executed by both parties to this contract.
Page 6 of 13
To be effective, any amendment made pursuant to this Section 10(C) must be
signed by the Executive Director of Department or his authorized
representative.
SECTION 11. MONITORING
Department shall perform periodic on-site monitoring of Contractor's compliance
with the terms and conditions of this contract, and of the efficiency, economy,
and effectiveness of Contractor's performance of activities under this con-
tract. After each monitoring visit, Department shall provide Contractor with a
written report of the monitor' -s findings. If the monitoring report notes
deficiencies in Contractor's performances under the terms of this contract, the
monitoring report shall include requirements for the timely correction of such
deficiencies by Contractor.. Failure by Contractor to take action specified in
the monitoring report to correct such deficiencies within the time specified in
a Corrective Action Letter may result in the imposition of sanctions against
Contractor as specified in'Section 13, Reporting Requirements, or Section 9,
Termination, of this contract.
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 com-
ply with the retention and custodial requirements for records applicable to
Contractor's organization 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,-*dna 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 this 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, 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, Performance Statement, of this contract
during the previous quarter. The Quarterly Performance Report shall be in
a format prescribed by Department.
Page 7 of 13
C. 'Contractor shall submit to Department no later than sixty (60) days after
the termination of this contract, a final Financial Status Report -State
Supplemental Form 269a, of all expenditures of funds under this contract.
D. Contractor shall submit to Department no later than thirty (30) days after
the termination of this contract, a final Performance Report of all
activities performed pursuant to Attachment A. Performance Statement, of
this contract. The final Performance Report shall be in a format
prescribed by Department.
E. 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 applicable to
Contractor's organization referenced in Section 7, Uniform Administrative
Requirements, of this contract, which was acquired in whole or in part with
funds received under this contract.
F. 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 Department in a timely and satisfactory
manner any report required by this contract, Department may, at its sole
option and in ,its sole 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 therefor. 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. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by both parties hereto that Department is
contracting with Contractor as an independent contractor, and that Contractor,
as such, agrees to hold Department harmless and indemnify it from and against
any and all claims, demands and causes of action of every kind and character
which may be asserted by any third party occurring or in any way incident to,
arising out of, or in connection with, the services to be performed by
Contractor under this contract.
SECTION 15. SUBCONTRACTS
A. Contractor shall subcontract for the performances described in this con-
tract only after Contractor has submitted a Notice of Intent to Subcon-
tract, on a form prescribed by Department, for each such proposed sub-
contract. In selecting subcontractors hereunder, Contractor shall utiliize
procurement procedures applicable to Contractor's organization referenced
in Section 7, Uniform Administrative kequirements, 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).
B. In no event shall any provision of this Section 15, specifically the
requirement that Contractor submit to Department its Notice of Intent to
Subcontract, be construed as relieving Contractor of the responsibility for
ensuring 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.
Page 8 of 13
C. 'In entering into subcontracts hereunder, Contractor shall comply with the
procurement procedures applicable to Contractor's organization referenced
in Section 7, Uniform Administrative Requirements, of this contract.
SECTION 16. CONFLICT OF INTEREST
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 further 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 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.
SECTION 17. NEPOTISM
Neither the Contractor nor any of its subcontractors shall hire any person in
an administrative capacity or staff position funded under this contract if a
member of such person's immediate family is employed in an administrative
capacity for the Contractor or any of its subcontractors.
SECTION 18. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
Contractor shall comply with the Act specified in Section 31A) of this contract
and with the rules and regulations promulgated thereunder, with Treasury Cir-
cular 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 applica-
able to the activities and performances to be rendered by Contractor under this
contract.
SECTION 19. 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
which are applicable to Contractor's organization as referenced in Section 7,
Uniform Administrative Requirements, of this contract.
SECTION 20. NONDISCRIMINATION
A. Contractor shall comply with the requirement that no person shall on the
ground of race, color, national origin, or sex be excluded from participa-
tion in, be denied the benefits of, or be subjected to discrimination
under, any program or activity funaed in whole or in part with funds made
available under this contract.
B. Contractor shall comply with any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 or with respect to an
otherwise qualified handicapped individual as providea in Section 504 of
the Rehabilitation Act of 1973.
Page 9 of 13
C. `Contractor shall comply with all federal and state laws and regulations
which prohibit discrimination or require equal employment opportunities or
affirmative action, including, but not limited to, regulations promulgated
by the United States Department of Health and Human Services as set forth
in 45 C.F.R. Parts 80, 81, 84, and 90.
SECTION 21. LEGAL AUTHORITY
A. Contractor assures and guarantees that Contractor possesses the legal
authority pursuant to any proper, appropriate and official motion, resolu-
tion, 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 or persons signing and executing this contract on behalf of
Contractor, or representing themselves as signing and executing this con-
tract on behalf of Contractor, do hereby warrant and guarantee that he, she
or they have 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 bf either Contractor or the person
signing the contract to enter into this contract. 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 21.
SECTION 22. AUDIT
A. Unless otherwise directed by Department, Contractor shall arrange for a
financial and compliance audit of funds received and performances rendered
under this contract. Arrangements for such audit shall be coordinated with
and/or approved by Department at least thirty (30) days prior to the date
of termination of this contract. Such audit shall be conducted in accor-
dance with the audit requirements applicable to Contractor's organization
referenced in Section 7, Uniform Administrative Requirements, of this
contract, shall be paid for out of funds budgeted under this contract, and
shall be furnished to Department no later than one hundred twenty (120)
days after the date of termination of this contract.
B. Notwithstanding the terms of Section 22(A) of this contract, Department re-
serves the right to conduct a financial and compliance audit of funds re-
ceived and performances rendered under this contract. Contractor agrees to
permit Department or its authorized representative to audit Contractor's
records and to obtain any documents, materials, or information necessary to
establish Contractor's compliance with the terms of this contract.
C. Contractor shall take such action to facilitate the performance of such
audit or audits conducted pursuant to this Section 22 as Department may
reasonably require of Contractor.
D. Notwithstanding any other provision of this contract, it is expressly
understood and agreed by the parties hereto that the Department may, at its
Page 10 of 13
sole option and in its` sole discretion, offset any amounts withheld or
otherwise owing to the Contractor hereunder against any amount owing but
__unpaid by Contractor ;to -Department arising from an audit of this or any
other CSBG contract between Department and Contractor.
SECTION 23. TRAVEL
A. Allowable travel costs'under.this contract shall be determined in accor-
dance with the cost principles applicable to Contractor's organization
referenced in Section 6, Cost- Principles, .of this contract.
B. Except as otherwise provided herein, Department shall pay Contractor for
travel and per diem expenses at the rates established by law for Depart-
ment's employees in -classified positions.
C. Contractor may at its option submit to Department its current "Local Travel
Policy" for use in lieu of Department's policy for travel and per diem.
Contractor's "Local Travel Policy" shall consist of a written statement
approved by Contractor's governing body which delineates the rates which
Contractor shall use 'in computing travel and per diem expenses of its .
employees. Department shall review any "Local Travel Policy" submitted by
Contractor and shall approve it if Department determines that such "Local
Travel Policy" is acceptable for the purposes of the contract. Upon
receipt of Department's written approval, Contractor may incur travel and
per diem expenses'at rates which are in accordance with Contractor's
approved "Local Travel Policy."
D. Contractor must have the prior written approval of Department before it may
use funds under this contract to pay for travel expenses -outside the State
of Texas. In addition, paynnent for travel shall be made only for those
personnel in budgeted staff positions unless Contractor obtains
Department's prior written approval of payment for travel for personnel in
nonbudgeted staff or volunteer positions.
SECTION 24. 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 eanmunity
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 I.cal agency.
a Page 11 of 13
SECTION 25. SECTAh.AN ACTIVITY
None of the performances rendered by Contractor under this contract shall
involve, and no portion of the funds received by Contractor under this
contract, shal`l--be used for any sectarian or religious activity, nor shall any
facilities%used:,in- the Aerformance of this contract be used for sectarian
instruction or as a place of religious worship.
SECTION 26. COPYRIGHT
A. Contractor may copyright ariy 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 26(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.
SECTION 27. GEOGRAPHIC AREA SERVED
Contractor shall conduct the activities described in Attachment A, Performance
Statement, in the following counties of Texas: Lubbock.
SECTION 28. ORDER OF PRECEDENCE
In the event that there are conflicts among the provisions of this contract,
the conflicts shall be resolved by giving precedence to those provisions
appearing in Section 1 through Section 29 of this contract over the provisions
of any attachment to this contract.
SECTION 29. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this contract re-
lating to the subject matter of this contract that were made prior to the
execution of this contract have been reduced to writing apd 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
d
Page 12 of 13
Witness our hands effective this 1st day of October 1982
Signed
CITY OF LUBBOCK, COMMUNITY SE VICES D RTMENT
Bill McAlister, Mayor
Approved and accepted on behalf of the Texas .De ment of Community Affairs,
an agency of the State of Texas.
Signe
• xeser, xecu ive it c or
as Department of C nity Affairs
This contract is not effective unless signed by the Executive Director of the
Department or his designee.
Page 13 of 13
ATTACHMENT A
COMMUNITY SERVICES BLOCK GRANT
PERFORMANCE STATEMENT
CITY OF LUBBOCK
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ATTAC}IlMf NT B
CONAINITY SERVICES BLOCK GRANT BUDGET
TEXAS 'DI;PARDIENT OF CCbU NITY AFFAIRS
BUDGET CATEGORIES
City of Lubbock
Contractor Name Community Services Department
Contract #00019206183
Contract PeriodlO/1/82 - 9/30/83
LI Original
[� Amendment #
ATTACHMENT B
TEXAS DEPAkl7,- ENT OF CMUNITY AFFAIRS
COMMUNITY SERVICES BLOCK GRANT
FFY 83 BUDGET
DEPARTMENT CONTRACTOR
SHARE SHARE
1. Personnel .. . . . $ 91,081
(Detailed on Budget Support
Sheet B.1)
2. Fringe Benefits . . . . . . . . $ 21,513
3. Travel . . . . . . . . . . . . . $ 3,082 --
4. Equipment . . . . . . . . . . . $ ' -0-
(Detailed on Budget Support
Sheet B.4)
5. Supplies . . . . . . . . . . . $ 1,520
6. Contractual . . . . . . . . $ -0-
$ -0-
$ -0-
$ 3,600
$ 2,370
$ 4,000
TOTAL
AMOUNT
$ 91,081
$ 21,513
$ 3,082
$ 3,600
$ 3,890
$ 4,000
• 7. Other . . . . . . . . . . . $ -0- $ 25,612 $ 25,612
(Detailed on Budget Support
Sheet B.7)
8. Indirect Costs . . . . . . $ 25,131 $ -0- $ 25,131
(Based on currently approved
plan)
22.32 _% Base of Salaries &
Fringe
TOTALS $ 142,327 $ 35,582 * $ 177,909
Department's prior written approval for purchase or lease of equipment is required.
Approval of this budget does not constitute prior written approval.
* Denotes that Contractor share total. shall not be less than 2090 of the total amount.
I. NAME OF CONTRACTOR
ATTAGbENf B.7
COMMUNITY SERVICES BLOCK GRANT
BUDGET SUPPORT SHEET
City of Lubbock, Community Services Department
Page 1 of 1
Other
BUDGET
CATEGORIES
DEPARTMENT
SHARE
CONTRACTOR
SHARE
TOTAL
AMOUNT
Postage
800
800
Building Rent
7,900
7,900
Utilities
Electricity
1,600
1,600
Water
700
700
Gas _
11900
11900
Telephone
2,300
2,300
Board 3 Commission
- "—
750
750
Advertising & Promotion .
1,500
1,500
Liability Insurance
I 230
230
Surety Bond
13
13
Food Assistance
3,694
3,694
Ma i nteiiance
Motor Vehicles
I
1,851
1,851
Office Equipment I
i
12314
1,314
Of -ice Building
1,060
1,060
Subtita _this vane
25,612
25,612
GRAN ILT4TTi_
25,612
25,612
Page 1 of 1
1. NAME OF CONTRACTOR
ATTACHMENT B.4
COMMUNITY SERVICES BLOCK,GRANT
BUDGET SUPPORT SHEET
City of Lubbock, Community Services Department
v.q t
ui ment
DESCRIPTION
BRAND
AND
MODEL
UNIT
COST
TOTAL
% OF
DEPARTMENT
PARTICIPATION
PURCHASES
LEASES
Word Processor
-
3,600
-
-0-
Subtotal this page
3,600
GRAND TOTAL
I
3,600
Paye _1 of 1 Texas Department of Community Affairs
. ATTACHMENT B.1.
COMMITY SERVICES BLOCK GRANT
, R BUDGET SUPPORT SHEET
1:'vl—NE- OF CON' IRAC7'OR
City of Lubbock,.Community Services Department
-- — B.I. PPrcnnnPl
I & R Coordinator
Clerk Typist
I & R Workers, 2 @ 4,576
17,118
8,327
9,152
17,118
8,327
9,152
1
'uhtota? this page—__—__ _ 91,081 91,081 --
91,081 91,081
Note: List Volunteers above and value of inkind time
1 of 1 TI:\AS DFI'ARTiI MINT OF CONMINITl' AFFAIRS
TOTAL
•
No.
SALARIEST,
EP.',R P,►ENTON'TRACTOR
TITLE OR POSITION
mos.
WAGES
SHARE
SHARE
(Col. D. + E)
A.
B.
C.
D
_
—
Community Services Supervisor
'12(P)
R
! 21,566
21,566
Neighborhood Outreach Supervisor
8,077
81077
Outreach Worker II
i 9,380
9,380
Information & Referral Specialist
10,025
10,025
I
Outreach Worker I
7,436
7,436
I & R Coordinator
Clerk Typist
I & R Workers, 2 @ 4,576
17,118
8,327
9,152
17,118
8,327
9,152
1
'uhtota? this page—__—__ _ 91,081 91,081 --
91,081 91,081
Note: List Volunteers above and value of inkind time
1 of 1 TI:\AS DFI'ARTiI MINT OF CONMINITl' AFFAIRS