Loading...
HomeMy WebLinkAboutResolution - 1023A - Application - SPAG - Senior Services Funding - 01/28/1982uSMH:da 'D V QAlr TTTTAT%T RESOLUTION 1023-A - 1/28/82 A RESOLUTION AUTHORIZING THE EXECUTION AND SUBMITTAL OF AN APPLICATION TO THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS TO APPLY FOR TITLE IIIc FUNDS; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT UPON FUNDING APPROVAL BETWEEN THE CITY OF LUBBOCK AND THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS; AUTHOR- IZING THE MAYOR TO EXECUTE ANY OTHER DOCUMENT OR INSTRUMENT NECESSARY TO IMPLEMENT THE ACTIVITIES APPROVED IN THE FUNDING APPROVAL. WHEREAS, the City Council has determined that participation in Title IIIc which will provide funds for services for the elderly population is in the best interest 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 to execute and submit for and on behalf of the City of Lubbock an application to South Plains Association of Governments to apply for Title IIIc funds; 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 contract upon funding approval under Title IIIc between the City of Lubbock and the South Plains Association of Governments; 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 any other docu- ment or instrument necessary to implement the activities approved in the Funding Approval. Passed by the City Council the 28th day of January 1982. 2 e �02 — ALAIr HENRY, MAY PRO TEM ATTEST Evelyn Ga a, ityereV reasurer APPROVED AS TO CONTENT: Lawrence Banks, Acting Director of Parks and Recreation APPROVED AS TO FORM: �x " Susan M. Horton, Assistant City Attorney Part. I General Provisions SECTION 1. PARTIES TO THE CONTRACT This contract is between South Plains Association of Governments hereinafter referred to as SPAG and _City of Lubbock Senior Services hereinafter referred to as CONTRACTOR. The parties haveagreedseverally and collectively to the execution and mutual obligations, and to the performance and accomplishments of the tasks hereinafter described. SECTION 2. CONTRACT PERIOD This contract shall commence on 4/1/82 and shall terminate on 9/30/82 SECTION 3. CONTRACT AMOUNT The sum of money obligated by SPAG to the CONTRACTOR under this contract shall not exceed $ 12,350.00 for performances and amounts specified by attachments delineated below which are indicated by initials of signatory parties hereto and which, are a part of this contract. SPAG CONTRACTOR SPAG AMOUNT INITIALS INITIAL ATTACHMENTS SERVICES Page 1 of 7 Information -and Referral Transportation Friendly Visiting Legal - (Community Service Advi,soi Senior Center Operations Residential Repairs Training Multipurpose Center Development Nutrition Congregate Home Delivered Meal Demonstration Program Other .Attachment A $ Attachment 6 $ Attachment C $ Attachment D $ Attachment E-1 $ Attachment E-2 $ Attachment E-3 $ Attachment F $ 12,350.00 .001 Attachment G $ Attachment H $ Attachment I $ Attachment J Page 1 of 7 Information -and Referral Transportation Friendly Visiting Legal - (Community Service Advi,soi Senior Center Operations Residential Repairs Training Multipurpose Center Development Nutrition Congregate Home Delivered Meal Demonstration Program Other t SECTION 4. CONTRACT MATCH CONTRACTOR shall be liable for bearing a share of'the-total allowable costs incurred at'a rate of not less than 10% for social and nutrition services, or as required.for Special programs, in the amount of $ 1,372.00 Such required share constitutes matching funds that earn federal funds. Such match may consist of cash derived from progam income, from other cash or from in-kind contributions. CONTRACTOR's' match under this contract shall be not less than the amount identified for each category in Part II - Special Conditions and Budget Justification, in the column entitled "Contractor". SECTION 5. PROGRAM INCOME 1. Program Income MUST first be used to meet the CASH non-federal requirements. 2. Program income in excess of that.required shall be identified in the budget justification for allowable costs in Other Resources. 3. Program income insufficient to meet each program category in Part II Budget Justification, in the column entitled "Contractor" shalI.be supplemented either by other cash or by documented in-kind contributions of goods and/or services. a. Program income is income earned by Contractor from activities part of all of which are borne as a direct cost by SPAG under provisions of this contract. Program income includes but is not limited to cash income from fees for .services, from usage or rental fees, from the sale of goods, from meal contributions, or from donations. b. Program income from meal contributions shall be used in such a manner to increase the number of meals served by the project. c. Program income MUST BE REPORTED TO SPAG, BUDGETED BEFORE IT IS SPENT, AND SPENT IN THE CURRENT CONTRACT PERIOD. 4. In-kind contributions means property or services provided to CONTRACTOR by Non -Federal third parties without charge to CONTRACTOR or SPAG which are a. identifiable from CONTRACTOR's records b. not included as contributions for any other state or federally assisted j programs, and C. allowable as direct costs under the provisions of this contract. d. adequately documented as to nature, source, and value. Page 2 of 7 47. SECTION 6. SPAG FUNDING OBLIGATIONS Inconsideration of full and satisfactory performance of the activities described in this contract, SPAG shall be liable to CONTRACTOR for actual allowable costs incurred by CONTRACTOR, within the period of this contract, for performances rendered here- under subject to CONTRACTOR furnishing its share of allowable costs incurred. 1. It is expressly understood by the CONTRACTOR that the ability and obligation of SPAG to fund this contract is based solely on a commitment to SPAG from the Texas Governor's Committee on Aging to provide funds. The Contractor shall have no claim, under terms of this contract, on any funds from SPAG other than these. SECTION 7. OPERATING BUDGET This contract and the project operated hereunder by the CONTRACTOR shall be governed by;a BUDGET/s as defined in Part II - Special Conditions and Budget Justification. 1. Adjustments to approved individual budget line items may be made by CONTRACTOR, providing that the adjustment to an individual line items does not exceed ten percent (10%) of the line item amount, that the total of line item adjustments within a category does not exceed ten percent (10%) of the category amount, and that there is no change in the category total amount. 2. Adjustments amounting to more than that provided in #1 above may be made by the CONTRACTOR only with prior written authorization of SPAG. SECTION_8. SUBCONTRACTING OF FUNDS None of the funds provided.to the Contractor by SPAG under the terms of this contract may be subcontracted or passed through by the Contractor to another agency for the provision of services described herein without the express written approval of SPAG. SECTION 9. PAYMENTS SPAG has no obligation to advance any funds obligated under the terms of this contract. In the absence of written agreement to the contrary, funds will be remitted by SPAG to the Contractor on a reimbursement basis subject to appropriate administrative procedures and contingent upon receipt of funds by SPAG from the Governor's Committee on Aging. ALL PAYMENTS FOR THIS CONTRACT ARE TO BE MADE PAYABLE TO NAME Si ty of I uhhodk ADDRESS P.O. Box 2000 Lubbock, TX 79457 48 i Page 3 of -7 -It is agreed that the Contractor shall submit requests for payment to SPAG on a monthly basis and that payment of funds to the Contractor by SPAG under the terms of this contract shall be subject to the following procedures: a. By the 5th day of the month the Contractor will request, in a form prescribed by SPAG, reimbursement for allowable actual project expenditures during the previous month. b. Contractor requests for reimbursement will be supported by auditable records kept on file by the Contractor, and these records will be avail- able for inspection on request by SPAG and/or the Texas Governor's Committee on Aging. c. SPAG will reimburse the Contractor within 30 -days of receipt of a proper request, contingent upon receipt of SPAG funds from the Texas Governor's Committee on Aging. d. The Contractor will report to SPAG by the 5th day of the month if no Contractor expenditures were incurred during the previous month, under the terms of this contract. e. Final.requests for payment, whether at completion of the contract period or in the event of early contract termination, must be submitted by the Contractor to SPAG within 30 days of the final contract effective date. SPAG cannot guarantee payment of reimbursement requests received more than 30 days after the contract completion date. SECTION 10. REPORTS AND RECORDS In addition to the submission of required financial reports, the Contractor agrees: a. To retain auditable accounts and records for a period of five years following expiration of this contract. Such records will be maintained at the following location: 2001 19th Street Lubbock, TX 79411 b. To submit to SPAG other information regarding project operations as may be necessary from time to time. Such information as may be required will be submitted by the Contractor in a form prescribed by SPAG. Page 4 of 7 49. SECTION 11. : PROPERTY The Contractor shall maintain a record of all property purchasedunder terms of this contract. Any non -expendable property having an acquisition cost of $300 or more and having a normal life expectancy of one year.of more, purchased under terms of this contract, shall revert to SPAG and shall be delivered by the Contractor to SPAG in the event that services described herein are terminated either during or subsequent to the contract period. a. The Contractor shall maintain an inventory of all non -expendable property purchased under the terms of this contract. b. The Contractor shall exercise reasonable and prudent judgement in assuring the maintenance, security, and authorized use of property purchased under terms of this contract. SECTION 12. SUSPENSION OR TERMINATION In the event project monitoring/evaluation activities by SPAG or .its agents, or by the Texas Governor's Committee on Aging or its agents, disclosed serious deficiencies in the operation of a project supported under provisions of this contract, SPAG may elect to suspend this contract pending resolution of deficiencies or to terminate this contract. The Contractor shall be notified in writing of any such suspension or termination and shall have the right to appeal to the SPAG Board of Directors. This contract may be terminated upon the occurrence of any of the following events: a. Discontinuance by the Contractor of the project as described herein; or, b. Discontinuance of funding to SPAG from the Texas Governor's Committee on Aging; or, c. Failure of the Contractor to comply with any or all of the terms and conditions stated herein; or, d. Mutual agreement between SPAG and the Contractor. In the event of termination, final billings for expenditures made pursuant to the contract will be submitted to SPAG by the Contractor, but it is understood that no expenses incurred after the termination date will be reimbursed. SECTION 13. LIMITATION OF LIABILITY Notwithstanding any of the provisions of this agreement, the Contractor agrees to indemnify and hold harmless SPAG from any and all claims for damage to property . Page 5 of 7 i 50. When 45 C.F.R., or its appendices, provide that a cost is allowable only when authorized in writing, prior written approval from SPAG must be obtained. Approval of the CONTRACTOR's budget shall constitute written approval only if detailed budget justification supporting the purpose, need and reasonableness of such cost is included as a part of the budget. SECTION 14. NOTICE Any and all notices required in or by this contract shall be addressed as follows: a. If notice is to be sent to SPAG: South Plains Association of Governments 1709 26th Street Lubbock, Texas 79411 b. If notice is to be sent to the Contractor: 0 MIM - I.T. M-'� M_' ' 'I' I' owl Iv. h SECTION 15. AUTHORITY The authority on which this contract is based derives from the Older Americans Act of 1965, as amended, and its regulations; HHS regulations on -Administration of Grants; Title 45 C.F.R. Part 74 and Title 41 C.F.R. Part 60-250 pertaining to employment of Disabled Veterans; Title VI of the Civil Rights Act of 1964; the Clean Air Act; the Clean Water Act; the Contract Work Hours and Safety Standards Act; regulations pursuant to the Rehabilitation Act Amendments of 1974; the -Histori-c Preservation Act; the F1,00d.Control_ Act; the Housing and Urban Develop- ment Act.of 1974; and, with all state and local laws as pertain to this contract and'its attachments. SECTION 16. ORAL AND WRITTEN AGREEMENTS All oral or written agreements made prior to this contract have been reduced to writing and are contained herein by the execution of this contract. CONTRACTOR evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties agree that SPAG shall not be liable .for any costs incurred by CONTRACTOR except to the extent provided in this contract. Page 6 of 7 51. J t, SECTION 16. ORAL AND WRITTEN AGREEMENTS All oral or written agreements made prior.to this contract have been reduced to writing and are contained herein by the execution of this contract. CONTRACTOR evidences its understanding and agrees that any prior agreement is terminated as of the effective date of this contract. Both parties agree that SPAG shall not be liable for any costs incurred by CONTRACTOR except to the extent provided in this contract. - SECTION 17. CERTIFICATION AND EXECUTION The parties signatory hereto on behalf of SPAG and on behalf of the Contractor do hereby individually certify that each is authorized to execute this agreement on behalf of his/her respective organization. Executed in Triplicate this day of 19 Contractor v By.• See Signature Below Authorized Contractor Signature Reviewed: S G DirntK of- Fina Approved and accepted on behalf of South Plains Association of Governments erry Cass evens, Executive Director CITY OF LU BY: BILL McALISTER, MAYOR ATTEST: �. �- Evelyn aff a, Cit cretary-Treasurer APP D AS TO GqNTENTY. AnyVeston, Director of Community Facilities APPROVED AS TO FORM: :>t 0a-41 Joan Sherwin, Assistant City Attorney �y Page 7 of 7 __._ This contract is executed pur- suant to 'authority granted be Reso- lution 1023 A passed by the City Council of the City of Lubbock on 1/28/82. 52. SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Aging Programs IIIc Budget Justification A separate Budget Justification is required for each Part ll Special Condition Attachment to the contract. / . `. City; `N t a Contromr Name ' ! ' �umurmcu/r Cwue - — - ` ` Type of Service Term or Contract -- ' 1 ` TOTAL PROJECT COSTS., Is m |� ' (OVER) ' 54. 90% Total Resource Cash In -Ki PROJECT MANAGEMENT COST S Personnel 1. 2. 3. 4. 5. Total Personnel Benefits 2. Insurance 3. Other (Describe) :TdtiY-,Be6ef its - Staff Travel per day. Total Staff Travel Other Admini'strative Costs (Equipment and Supplies) 2. 3. 5. Total Administrative Costs TOTAL PROJECT COSTS., Is m |� ' (OVER) ' 54. Page two IIIc Budget Justification SPAG Contractor 10% Contract Other. Budget Category. 90% Cas In -Kind -Total Resources MEAL COSTS Raw Food Transportation Personnel 3. 3. J. Total Personnel :quipment i• SEE ATTACHED LIST >uppl ies 3, Total Equipment Total Supplies ;ui 1 di ng Space §)UVt](W0aX 40 sq. ft. x 5.75 x 6 mos TOTAL MEAL COSTS eal Delivery Cost TOTAL PROJECT COSTS 1 $ 12,350.00 1 $ ,$ 1,372.00 I$ 13,722.00 k 12,350.00 12,350.00 12 350.00 -12 350.00 1 372.00 1,372.00 12.350.00 $ $ 1 372.00 0 13.722-00 1 $ 12,350.00 1 $ ,$ 1,372.00 I$ 13,722.00 k Option Two Lubbock Senior Citizens Center Kitchen door Arnett Benson Senior Citizens Center 1 Warming table (w/.pans) 18 Banquet tables 125 folding chairs @ $9.00 1 stove 1 ice machine Mae. Simmons Senior. Citizens Center 18 Banquet tables ($65) 1 Warming table 125 Folding chairs @ $9.00 1 stove 1 ice machine Copper Rawlings Senior Citizens Center 1 Warming table (w/pans) Ice pan with sneeze gaurd 2 Gravy servers Miscl. kitchen utensils $ 250.00 735.85. 1170.00 1125.00 500.00 1705.00 1170.00. 735.85, 1125.00 500.00 1705.00 735.85 350.00 278.00 265.00 $ 250.00 $5235:85 $5235.85 $ 893.00 Total $12,350.00 PROGRAM INCOME SUMMARIZE PLANNED RECEIPTS AND.EXPENDITURES OF PROGRAM INCOME FOR THE CONTRACT PERIOD. Program Income expected during current contract period (if any). Explain sources of expected program income during contract period. _p_ TOTAL EXPECTED RESOURCES FROM PROGRAM INCOME DURING CONTRACT PERIOD. ' Expenditure Category Total Program Income N. Planned Use of Program Income For Contractor Match Used as Other Resources 55. Part III - Assurances The Contractor assures that he will maintain documentation to substantiate all of the assurance items. Such documentation will be subject to SPAG review for adequacy and completeness. 1. Compliance with Requirements The Contractor agrees to administer the program in accordance with the Act, and all applicable regulations, the policies and procedures established by SPAG, the State Unit on Aging, the Commissioner on Aging and the Secretary of Health and Human Services. 2. Efficient Administration The Contractor shall utilize such methods of administration as are necessary for the proper and efficient administration of the Contract and which assure avoidance of conflict of interest, both financial and by nepotism. 3. General Administrative and Fiscal Requirements The Contractor's shall adhere to administrative and cost principles which are in compliance with relevant provisions of 45 C.F.R. Part 74 except where these pro- visions are superseded by statute. 4. Management of Funds The Contractor shall maintain sufficient fiscal control and accounting procedures to assure proper disbursement of and accounting for Federal and Non -Federal funds under this contract. 5. Safeguarding Confidential Information The Contractor shall implement such regulations, standards and procedures as are necessary to safeguard confidential information under relevant program regulations. 6. Reporting Requirements The Contractor shall furnish such reports to SPAG as may be specified, to maintain its reports and files in compliance with 45 C.F.R. Part 74 and to make its reports and files available to auditing entities as specified by 45 C.F.R. Part 74. 7. Standards for Fire, Health, Safety, Sanitation and Other Standards Providers of service under this contract shall operate fully in conformance with all federal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. The Contractor assures that where the state or 56. local jurisdictions require licensure for the provision of services, agencies providing such services shall be licensed. 8. Equal Opportunity and Civil Rights a. Equal Employment Opportunity The Contractor shall incorporate in its written personnel policies and procedures an affirmative action plan for equal employment opportunity including provisions for disabled veterans and handicapped individuals. b. Non -Discrimination on the Basis of Handicap The Contractor shall provide that each program activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. When structural changes are required, these changes shall be in keeping with 45 C.F.R. Part 74. C. Civil Rights Compliance The Contractor shall ensure that benefits and services available under the contract are provided in a nondiscriminatory manner as required by Title VI of the Civil Rights Act of 1964, as amended. 9. Managing Property Purchased with Federal Funds The Contractor shall maintain a property control system ensuring adequate safe- guards for property purchased under terms of this contract. 10. Outreach, Training and Coordination Requirements a. The Contractor shall provide a written plan for outreach to ensure participation of eligible persons, including those with the greatest social or economic needs. b. The Contractor shall participate in training as provided by SPAG. C. The Contractor shall coordinate its service/s with other service providers in the region. 11. Preference for Older Persons with Greatest Economic or Social Need The Contractor shall preferentially provide services to eligible persons with the greatest economic or social need. 12. Contributions for Services The Contractor shall provide voluntary opportunity for eligible participants to contribute to the cost of services while protecting the individual's privacy , to safeguard and account for such contributions, and to use such contributions 57. to expand services. The Contractor may post a suggested contribution schedule based on income ranges of eligible participants in the community. Service shall not be denied because the eligible participant will not or cannot contribute. 13. Maintenance of Non-federal Support for Services The Contractor shall not replace funds from Non -Federal sources with ,federal funds. The Contractor agrees to continue or to initiate efforts to obtain support from other sources for services Junded under this part. 14. Opportunity for Older Persons to Advise'Contractors Contractors who operake focal points in the community must assure collocation of services, where feaslle. ✓ See Signatures Below Authorized Contractor Signature CITY OF LUBB BY: B L cALISTER, MAYOR AT EST: elyn affg ,,Cit etary-Treasurer APPROVED AS TO CONTE 01 ""o) 6kfm Weston,.Director of:Community Facilities APPROVED AS TO FORMS' 1K, ioa herwin, Assistant City Attorney This contract:isexecuted pursuant to authority granted be Resolution 1023 A passed by the City Council of the City of Lubbock on 1/28/82. 58.