HomeMy WebLinkAboutResolution - 810 - Contract - SPAG - Congregate & Home Delivered Meals For Seniors - 05/28/1981AA:.bs RESOLUTION N0. 810 - 5/28/8
RESOLUTION
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 Contract with
South Plains Association of Governments concerning congregate meals and home
delivered_ meals for senior citizens, attached herewith which shall be spread
.upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 28th day of May ,1981.
&J
ATTEST:
Evelyn Gaf ga,NCity, a y- reams -urger
APPROVE AS TO CONTENT:
J eston, Director of Community Facilities
APPROVED AS TO FORM:
i
Angela Adaifis, Asst. City Attorney
McALISTER,
CONTRACT BETWEEN
SOUTH PLAINS ASSOCIATION OF GOVERNMENTS
and
Part I
General, Provisions
909
443J
SECTION 1. PARTIES TO THE CONTRACT
This contract is between South Plains Association of Governments hereinafter referred
to as SPAG and City of Lubbock hereinafter
referred to as CONTRACTOR. The parties have agreed severally 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 July 1. 1981 and shall terminate on
September 30. 1981
SECTION 3. CONTRACT AMOUNT
The sum of money obligated by SPAG to the CONTRACTOR under this contract shall not
exceed: 8,363.00 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
4,986.00 4 119 Attachment A Information and Referral
$ 2,800.00 G—jAttachment B Transportation
rAl- r
$
Attachment C
$
_ Attachment D
$
Attachment E-1
$
Attachment E-2
$
Attachment E-3
$
Attachment F
$
Attachment G
$
Attachment H
$
Attachment I
1,077.00
Attachment J
Page 1 of 7
Friendly Visiting
Legal - (Community Service Advisor
Senior Center Operations
Residential Repairs
Training
Multipurpose Center Development
Nutrition Congregate
Home Delivered Meal
Demonstration Program
Other (Social/Recreational)
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 $ 984.78 . 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" shall 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
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
SECTION 6. SPAG FUNDING OBLIGATIONS
In consideration 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.
I. 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 Parkc and R rrPation D,nartment
ADDRESS P.O. Box 2000 Lubbock, Texas 79457
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 Contractnr 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 of funds from the Texas Governor's
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.
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
City Hall 9th and Texas
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.
SECTION 11. PROPERTY
The Contractor shall maintain a record of all property purchased under 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 or more, purchased under
terms of this contract, shall revert to SPAG and shall be delivered by the Contractor
to SPAG in the event that services described herein are terminated either during
or subsequent to the contract period.
a. The Contractor shall maintain an inventory of all non -expendable property
Page 4 of 7
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, disclose 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
or injury to persons which may be asserted by any third party arising from the
conduct and performance of this agreement.
Allowability of costs shall be in accordance with provisions of 45 C.F.R. Part 74
and other applicable federal regulations.
When 45 C.F.R., or its appendices, provide that a cost is allowable only when authorized
Page 5 of 7
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:
_P,arks_and__Recre-a.ti.an_. Dorothy Da_ ileo
P.O. Box 2000
Lubbock, Texas 79457
SECTION 15. AUTHORITY
The authority on which this contract is bas6d 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
Historic Preservation Act; the Flood 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 Darties aarPe that SPAT shall nn+
be liable for any costs incurred by CONTRACTOR except to the extent provided in this
contract.
Page 6 of 7
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 organizations.
Executed in Triplicate thi.12st--Zaay of 199/
Contractor
By:
Authoriz d Con ctor Si4nature
Reviewed:
PAS irector o F ante
Approved and accepted on behalf of South Plains Association
of Go nments
/j
Jerry sstevens, Executive Director
THE C OF LUBBOC
BI c ISTER, MAYOR
ATTEST:
- Evelyn Gaf a, - City S r t -Treasurer
APPROVED AS TO CONTENT:
a�
�,_ ,4m
on, Director of Community Facilities
APPROVED AS TO FORM:
Angela Ad s, ss stnat City Attorney
Page 7 of 7
SOUTH PLAINS ASSOCIATION 01' GOVERNMENTS
Aging Programs
111b Budget Justification
A•separate'audget Justification is required for each Part 1I Special Conditions Attachment
to the contract
City of Lubbock
Contractor Name. .
Information and Referral
Type of Service
X hl-ANN-von-o9_AC /os
Contractor Code
07 / 01 / 81 / to /09 /-AD /81
Term of Contract -
Expenditure Category
SPAGContractor
90%
10%-
Contract
Total
Other
Resol:
____ Cash
In -Kind
onnel
$
$
$
$
$
I & R Coordinator
2,761.00
Director
554.00
Total Personnel
_2.761.00
554:00
3,315.00
Fits
:ICA
Insurance
)ther (Describe)
690.00
690.00
Total Benefits
690.00
-' V
690.00
_
r Travel
Oo miles @ 20 per mile.
100.00
100.00
__days @ __--per, day.
400.00
400.00
out of region
Total Staff Travel
--._...__
---- - ---
500.00
__... .
linq Space
ities Including Telephone)
Jing Renovation/Repair
-act Services (Describe)
Total Contract Services
idable Supplies (Describe)
Total Supplies
� ---------
180.00 180.00 180.00
(OVE"1 )
PART II
ATTACHMENT A
Special Conditions for Information and Referral
City of Lubbock
Contractor's Name
_A&J_,'/4'P 00-6.1 - e7 -Imo►` /G1;
Code
This contract is in the amount of $ 5,540.00 including $ 4,986:00
Budget Total SPAG
and $ 554000 as described in the budget justification.
Contractor
Contractor assures that information and referral shall be established and maintained
such that eligible individuals within that service area will have reasonably convenient
access to the services, including, to the extent possible, the provision of infor-
mation and referral services in the language in which a significant number of older
persons speak if other than English is their principal language. ., --Bus dispatching
will be a part of this service, where applicable.
Information and Referral service is to provide:
1. Current information with respect to the opportunities and services avail-
able to eligible individuals, and current lists of older individuals in
need of services and opportunities are developed and maintained; and,
2. A trained staff member,,or volunteers, to inform eligible individuals of
opportunities and services which are available and, to the extent possible,
assist them to take advantage of such services.
Bus dispatching is a service where
1. Requests for bus transportation may be made at times advertised by
Contractor and consistent with contract requirements, and where
2. A bus dispatcher coordinates transportation requests with the bus driver.
AuftoNzed Contrafftor Signature
50VT< PLAINS ASSOCIATION 01: GOVERNMENTS
.
Aging Programs
` .
111b Budget Justification
' sepmrate Budget Justiyica�t1on is required for each Part ll Special Conditions Attachment
to the contract
City of Lubbock
Contractor Name. Contractor Code
Type of Service Term of Contract
�
Expenditure Category
SPAG
90%
Contractor 10%-
Contract
Total
Other
ReSOU
-C011
In -Kind
Director
311.00
311.00
Total Personnel
311.00
311.00
Fits
FICA
Insurance
)ther (Describe)
Total Benefits
f Travel
Total Staff Travel
-
ling Space
Jing Renovation/Repair
-act Services (Describe)
Total Contract Services
idable Supplies (Describe)
Total Supplies
(UV[R)
Part II
_ ATTACHMENT B
Special Conditions for Transportation Services
City of Lubbock
Con -tractor Name
Code
4AO
This contract is in the amount of $ including $ 2,800.00
Budget total SPAG
and $ 311.00 as described in the budget justification.
Contractor
Contractor assures that eligible persons in the service area have transportation to
nutrition services, center services, to shopping, paying bills, visiting the
beauty and barber shop, medical appointments, and agency appointments such as
Social Security, etc., through either a scheduled route pick-up, demand/response
or through a combination of both.
Where a common need exists for transportation of participants under Titles XIX and
XX of the Social Security Act, Contractor may enter into agreements with other
agencies for the purpose of meeting these needs through coordination of efforts.
Authoriz Contractor S gnature
~I air! put "UV WW-Ux-., =~..,r_Q.puil 13 I-CqU]reb rnr urn Fjj;;C If 3�Y�T ���-- —�— —| �
. . i
to the contract `'~'`~ ^~^.~'^="''
`
City of Lub'�ock_
`. ` � ~".""c^or �noa`.,����,�
'Social and Recreation!'
.Type of Serwic e /erm or Contract
-----'—
- .
Expenditure Category SPAG Contractor 10%. Contract Other
9T
Overtime -site managers/driv6r 250.00 250'00
Director
120.0 120.00
Jotal Personnel
its
ICA.
nsurance .
ther (Describe)
�
�
.Total Benefits
^
Tmvol .
��@20_t per mile. �
—days @ per day.
Total Staff Travel
' �
nq
�
Renovation/Repair
'
'
ct Services`
Total Contract Services
able Supplies (Describe)
Total Supplies
/
`
�
^
. ... /.`'
(OY[R) .
Part II'
- -- ATTACHMENT J-1
Special Conditions for Social/Recreational
Selt.y. of Lubbock
Contractor's Name
Code
This contract is in the amount of — 1LL97.00 including
Budget Total
1,077.00 and 120.00 as described in the
SPAG Contractor
budget.
Contractor assures that social and recreational services shall be
established and maintained to the extent identified and that all
participants will have reasonable access to participation in
the services.
uthorize Contractor gnature
Part III
Assurances
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 Re_gt&ements
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
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 Opportune
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 Handicay
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 eliqible 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
to expand services. The Contractor may post a suggested contribution schedule
based on income ranges of eligible participatit,s in the community. Service shall
not be, denied because the eligible participant will not or cannot contribute.
13. Maintenance of Non -Federal Support fo►_ Services
The Contractor shall not replace funds from Non -Federal sources with federal
funds. The Contractor agrees to continue or to initiate efforts to obtain
support from other sources for services funded under this part.
14. Opportunity for Older Persons to Advise Contractors
Contractors who operate focal points in the community must assure collocation
of services, where feasible.
Aut orized Co tractor SigrI ture