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HomeMy WebLinkAbout15010 ORD - 07/25/1979AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION ON BEHALF OF NUECES COUNTY FOR PROJECT GRANT IN THE AMOUNT OF $10,625 TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE PURCHASE OF ONE TWELVE (12) PASSEN- GER VAN FOR USE IN RURAL TRANSPORTATION, ALL AS MORE FULLY SET FORTH IN THE APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS REQUIRED IN THE IMPLEMENTATION, ADMINISTRATION AND CONTINUATION OF THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to submit an application to the Coastal Bend Council of Governments on behalf --of Nueces County providing funding in the amount of $10,625 for the purpose of purchasing one twelve (12) passenger van for rural transportation, all as is more fully set out in the application, a copy of which, in substantially the same form, is attached hereto, marked Exhibit "A", and made a part hereof for all pertinent purposes. SECTION 2. That the City Manager is authorized to execute all related contracts and documents necessary in the implementation of the afore- said program on behalf of the County. SECTION 3. The necessity to authorize submission of the aforemen- tioned application for a grant to purchase the twelve -passenger van at the earliest possible date creates a public emergency and an imperative public neces- sity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council. and the Mayor having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the p?r day of July, 1979. ATTEST: Ci y ary MA APPROVED: 23rd DAY OF JULY, 1979: J. BRUCE YCOCK CITY ATTORNEY By Assistant Ci orney 15010 THELC"ITY OF CORPUS CHRISTI, TEXAS 11CROFILMEJ COASTAL BEND COUNCIL OF GOVERNMENTS 4REA AGENCY ON AGING CBCOG CONTRACT NO. AMENDMENT NO. I. GENERAL INFORMATION Name of Proposed Project: City of Corpus Christi, Nueces County Name, address, and phone number of applicant organization: City of Corpus Christi Phone: P. 0. Box 9277 854-4508 Corpus Christi, Texas 78408 Areas which proposed project will serve (Counties, Cities) Nueces County Type of proposed project: X Direct Services Name of project director, supervisor, or coordinator: Sandra Gonzales, Director Senior Community Services Community Coordination Proposed contract period: Beginning 8-1-79 and ending 2-29-80 Funding from Area Plan Year: Beginning 8-1-79 and ending 2-29-80 II. COMPUTATION OF FUNDS REQUESTED A. ESTIMATED TOTAL COST OF PROJECT (p.2, Sec. III) B. LESS APPLICANT'S CONTRIBUTIONS (1) Applicant's Additional Contribution- (2) Applicant's Required Contribution (1/9 of Line C) C. GRANT AMOUNT REQUbit0 $ 11,806 $_ $ 1,181 $ 10,625 TERMS AND CONDITIONS: It is understood and agreed by the undersigned that: 1) funds granted as a result of this request are to be expended for the purposes set forth herein and in ac- cordance with all applicable laws, regulations, policies, and procedures of this State and the Administration on Aging of the U. S. Department of Health, Education, and Welfare; 2) any proposed changes in the proposal as approved by the Area Agency on Aging shall be deemed incorporated into and become a part of this agreement: 3) the attached Assurance of Compli- ance (Form A9A-441) with the Department of Health, Education, and Welfare Regulations issued pursuant to Title VI of the Civil Rights Act of 1964 applies to this proposal as approved; and 4) funds awarded by the Area Agency may be terminated at any time for violations of any terms and requirements of this agreement. Name and title of individual authorized to commit applicant organization to this agreement: . APPROVED: Harold F. Zick, Director of Finance APPROVED: City Attorney ATTEST: Contractor R. Marvin Townsend, City Manager SignatureBill Read, City Secretarylate Area Agency on Aging Director Executive Director, Coastal Bend Council of Governments CBCOG FISCAL DEPARTMENT Page 2 III. ESTIMATED PROGRAM BUDGET COST CATEGORIES (1) PROGRAM ACTIVITIES (2) (3) (4) TOTAL Transportaticn PERSONNEL (Itemize) Sub -Total $ -0--0- $ $ $ $ TRAVEL -0- -0- BUILDING SPACE -0- -0- COMMUNICATIONS AND UTILITIES -0- -0- PRINTING AND SUPPLIES -0- -0- EQUIPMENT (Itemize) 1 12 -passenger van Sub -Total 9,000 9,000 • 9,000' 9,000 OTHER (Itemize) Vehicle Repairs Sub -Total 2,806 2,806 • 2,806 2,806 Program Sub -Total 11,806 11,806 Indirect Costs 0 % -0- -0- A. Total Direct Cost 11,806 11,806 B. Less Applicants Contribution 1,181 1,181 C. Grant Amount Requested 10,625 10,625 Page 3 IV. ESTIMATED CONTRIBUTION OF GRANTEE SOURCE AMOUNT A. Local Cash Match 1. Local Revenues (qualifying as local matching funds) 2. Estimated Income (qualifies as local matching funds) 3. Community Development Act funds (Federal cash which qualifies as local matching funds) 4. General Revenue Sharing (Federal cash which qualifies as local matching funds) 5. Other (such as private contributions which qualify as local match) Sub -Total for A (must be at least 25% of C) $ 1,181 $ 1,181 B. Local In -Kind Match (Give Source) Sub -Total for B (not greater than 75% of C) $ -O- C. Total local match (A+B) t Total of C (must equal at least one -ninth (1/9) of grant amount requested on line C, page 2.) $ 1,181 D. Other local resources (not qualifying as local match, but quaTifying as local maintenance of effort) 1. CETA , 2. Other (Explain) Sub -Total for D $ -O- E. Total local contribution (C+D) (must equal line B, Section II, page 1 which also appears on line B, page 2) $ 1,181 INTER -AGENCY COORDINATION AGREEMENT To improve coordination among agencies serving older persons and agencies capable of providing opportunities for older persons to serve in the community, the Coastal Bend Area Agency on Aging is asking each contract agency to agree to the following: (1) Staff members of the contract agency will participate in the activities of the Coastal Bend Council for Service Providers in Aging, an advisory committee of the Coastal Bend Council on Aging. (2) Where there is an established inter -agency council operating within the county, staff members of the contract agency will participate in the activities of that council. Where there is no established inter -agency council operating within the county, staff members of the contract agency will assist in any attempts to organize such a council. Staff members of the contract agency will plan and hold, with one agency each month, meetings to discuss mutual concerns, coordination opportuni- ties, and the like. (3) • PROGRAM REPORTING AGREEMENT To insure the availability of information needed for planning purposes, as well as to meet the federal and state requirements for programs funded under Title III, the Coastal Bend Area Agency on Aging is asking each contract agency to agree to the following: (1) The contract agency will provide monthly reports on services provided and on needs & problems identified, with copies of the report going to CBCOG/AAA; the County Commissioners Court; and the City Council of each incorporated municipality within which the program operates. (2) The contract agency will assist the AAA in determining fair estimates for the quarterly and yearly reports required by the Governor's Committee on Aging. The contract agency will assist in preparing such special reports as may be requested by the above named agencies or governments. (3) • CBCOG CONTRACT NO. UNDER AGREEMENT WITH THE STATE OF TEXAS CONTRACT NO. COASTAL BEND COUNCIL OF GOVERNMENTS AREA AGENCY ON AGING CONTRACT FOR SERVICES THIS AGREEMENT, entered into as of this day of July , 197 9, by and between the City of Cnrpue Christi (herein called the "Contractor") and the Coastal Bend Council of Governments (herein called the "Area Agency"), WITNESSETH THAT: WHEREAS, the Area Agency desires to engage the Contractor to render supporting social services to elderly persons in the designated service area under the approved Area Plan for Programs on Aging which is partially financed by a grant from the Office of the Governor's Committee on Aging under the Federal Older Americans Act of 1965 as amended. NOW THEREFORE, the two parties do mutually agree as follows: 1. Agreement. The Area Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 2. Project Period. The Contractor shall provide services for the project period beginning August 1, 1979 ' and ending February 2q iggp 3. Service Area. The Contractor shall perform all the necessary services provided under this contract in connection with and respecting the boundaries of Nuec s County 4. Scope of Services. The Contractor shall perform in a satisfactory and timely manner all social services set forth in the approved plan of operation dated August 1, 1979 a copy of which is attached to and made a part of this contract. 5. Compensation. The Area Agency agrees to reimburse the Contractor a sum not to exceed $ 10,625 for the above services. Compensation will be paid in monthly payments upon receipt of a reimbursement claim voucher from the Contractor specifying that he has performed the work under this contract in conformance with the contract and that he is entitled to receive the amount requisitioned under the terms of the contract. 6. Definitions. For the purposes of clarifying the meaning of supporting social services described in the approved project application, the following definitions, as provided in the Federal Regulations (Title 45, Chapter IX, Part 903) implementing Title III of the Older Americans Act of 1965 as amended (Public Law 93-29), are made a part of this Contract: a. Information and referral means providing information to individuals, identifying the type of assistance needed, placing individuals in contact with appropriate services, • following up to determine whether services were received and met the need identified, and providing for the maintenance of proper records for use in identifying services offered and gaps in existing services systems; b. Outreach means search and find activities which seek out and identify hard -to - reach individuals and assist them in gaining access to needed services. c. Transportation service means to transport older persons to and from community facilities and resources for the purpose of applying for and receiving services, reducing isolation, or otherwise promoting independent living, but not including a direct subsidy for an overall transit system or a general reduced fare program for a public or private transit system. Such transportation services shall be, insofar as possible, part of an area transportation plan; d. Escort service means accompanying individuals who, for a variety of factors, are unable to use conventional means of transportation to reach needed services or require such assistance for reason of personal security protection; e. Multi-purpose Senior Center means a community facility for the organization and provision of a broad spectrum of services,which may include the provision of Health, social and educational services and provision of facilities for recreational activities for older persons. 7. Contractor Responsibilities. In addition to services described in paragraph 4 above, and in the approved plan of operation, the contractor will perform the following: a. Observe Federal and State regulations and requirements as specified by the Area Agency and the Governor's Committee on Aging relative to providing the services contemplated under this Contract. b. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Area Agency. c. Maintain and make available at reasonable times and for reasonable periods those books, records, and supporting documents kept current by the Contractor and its Sub - Contractors if any pertaining to this project for purposes of inspection, monitoring, auditing, or evaluating by the Area Agency personnel or their representatives. d. Furnish the Area Agency with Fiscal Reports and a breakdown of expen- ditures each month in a format prescribed by the Area Agency. Specifically, the Contractor agrees to furnish Fiscal Reports on or before the 15th day following the end of the billing month. e. Contractor agrees to provide matching funds in the amount indicated in the apporved project application and to document same in the monthly billing for cost reimbursement. f. Contractor shall identify all equipment purchased with funds allocated to the Contractor under such contract by appropriate tags or labels affixed thereto, and maintain a current inventory of such equipment. The Contractor also assumes responsibility for the protection of such equipment. Ownership and disposition of equipment will be in accordance with state regulations. g. Maintain current information with respect to the opportunities and services available to older persons, and employ a specially trained staff, including bilingual individuals as appropriate, to inform older persons of the opportunities and services which are available, and assist them to take advantage of such opportunities an d services. h. Maintain records of client usage of services offered and client demand for unavailable services and report same to the Area Agency. i. Maintain the confidentiality of records relating to clients in accordance with the applicable Federal Law, being Section 402 (A) (9) of Title IV, Part A of the Federal Social Security Act, as amended, and the Rules and Regulations issued pursuant thereto as well as the applicable State Law, being Section 33 of Article 695C, Vernon's Texas Civil Statutes, as amended, and the Rules and Regulations issued pursuant thereto. 8. Area Agency Responsibilities. To assist the Contractor in serving elderly persons in the service area, the Area Agency will: a. Convey information on federal and state regulations and guidelines implementing the Older Americans Act: b. Monitor program operations providing technical assistance as mandated by federal and state regulations; c. Assist in securing and making available information on services and resources necessary to provide information and referral .services and will promote interagency cooperation making services accessible to the elderly; and Contractor. d. Conduct analyses of client usage and service demand data provided by the 9. General Provisions: a. Supporting fiscal docoments will be retained to assure that claims for Federal matching funds are in accord with applicable Federal requirements. Said documents shall be main- tained and retained by the Contractor and all Sub -contractors, if any, for a period of three years after the end of the Federal Fiscal Year if audit by or on behalf of the Area Agency has occurred by that time. If audit has not occurred, the documents must be retained until audit or until five years following the end of the Federal Fiscal Year, whichever is earlier. In all cases, documents shall be retained until the resolution of audit questions. Contractor agrees to reimburse the Area Agency for any and all project costs determined by audit or otherwise during this project period or at some later date to be ineligible expenditures. b. The Contractor will not discriminate against any employee or person seeking employment with regard to race, color, religion, sex, national origin, or age. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or advertising, layoffs, or terminations, rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. c. The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as may be requested by the Area Agency, and as may be required by law. d. Equal opportunity will be provided to elderly persons seeking employment or services under this contract without regard to race, color, religion, sex, or national origin. e. Changes, which may, from time to time, be required in the scope of services of the Contract, including any increase or decrease in the amount of the Contract's compensation, which are mutally agreed upon by and between the Area Agency and the .Contractor, shall be incorporated in written amendments to this Contract. f. None of the work or services covered by this Contract shall be sub -contracted without the prior written approval of the Area Agency. g. Termination of Contract for Cause. In the event that the Contractor fails to provide services in accordance with the approved Plan of Operation and in accordance with the provisions of this contract, the Area Agency may, upon written notice of default to the Contractor, terminate the whole or any part of this contract, and such termination shall not be an exclusive remedy, but shall be in addition to any other rights provided by law or under this contract. h. Termination of Contract without Cause. : In the event that federal or state laws or other requirements should be amended or judicially interpreted so as to render continued fulfillment of this contract, on the part of either party, substantially unreasonable or impossible, or if the parties should be unable to agree upon -any amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, then, and in that event, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination. i. Termination of Contract by Mutual Consent. This contract may be cancelled by mutual consent; however, if such mutual consent cannot be attained, then, in that event, either party to this contract may consider it to. be cancelled by the giving of sixty (60) days notice in writing to the other party and this contract shall thereupon be cancelled upon the expiration of sixty (60) days period. j. No officer, member or employee of the Area Agency and no members of its goveming body, and no other public official of the goveming body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this contract. k. Contractor Liability. The Contractor is an independent contractor and the Area Agency shall have no liability for the negligent acts or omissions of the Contractor's employees. IN WITNESS WHEREOF the Area Agency and the Contractor have executed this agreement as of the date first above written. Approved as to Legal Form and Adequacy r_.�.— Attorney at Law Coastal Bend Council of Govemments by. John P.Buckner , Executive Driector Contractor City of rnrpnc Christi pv; R. Marvin Townsend, City Manager Name and Title Corpus Christi, Cps ;Zs" day of , 19 177 je TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, TH r TY OF CORPUS CHRISTI, TEXAS The Charter rule was suspendeby the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15010