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Home My WebLink AboutResolution - 453 - Amendment #2 To Contract - TDCA - Weatherization Program - 03/27/1980DGV/pg RESOLTUION #453 - 3/27/80 II 0 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 an Amendment #2 to Weatherization Assistance for Low -Income Persons, Texas Department of Community Affairs, a copy of which is hereto 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 27th day of March ,1980. ST, MAYOR ,'ATTEST: f, ,Ev lyn,,Gaff a, City Secrcft easurer i APPROVED AS TO CONTENT: I o P e Fu Denzel Per full, Di I. of Public Services APPROVED AS TO FORM: Donald G.''Vandiver, Asst. City -Attorney RESOLUTION #453 - 3/27/80 f� Q 49 AMENDMENT #-2 TO WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND STATE OF TEXAS § COUNTY -OF TRAVIS § SECTION I. The Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and City of Lubbock, Communitv Services De artment , herein- after referred to as "Contractor", do hereby agree and contract to amend their original contract as initially executed by the Executive Director of the Department effective September 1 , 1979 for the operation of a Weatherization Assistance For Low -Income Persons project during the period.of September 1 , 1979 to February 29, 1980. The total of all pay- ments and other obligations incurred by the Department as given in Section IV of such contract was not to exceed $ 24,570. , SECTION II. The parties hereto agree to amend Section II, page 1 of 18 to read as follows: SECTION II. CONTRACT PERIOD All services to be performed by Contractor shall commence September 1, 1979 and shall terminate June 30, 1980, such period referred to herein as "contract period", unless expressly provided otherwise herein. SECTION III. The parties hereto agree to. amend Section III(A), page 1 of 18 to read as follows: A. PURPOSE Funds received pursuant to this contract shall be used for the development and implementation of a weatherization program to assist in achieving a healthful dwelling environ- ment and maximum. practicable energy conservation in the dwellings of low-income persons, particularly elderly and handicapped low-income persons, in order both to aid those persons least able to afford higher energy costs and to conserve needed energy. Contractor shall weatherize a minimum of 26" `--dwehling units. Page 1 of 4 �4 SECTION IV. The parties hereto agree to amend Section III(G)(2), page 8 of 18 to read as follows: 2.. Contractor shall apply such approaches to weatherization as Department may specify; compliance with this require- ment shall be assessed in part on the basis of the docu- mentation Contractor is required to submit in Section III(I)(3) of this contract. For -the purpose of maximizing the.utiliza- tion of funds pursuant to this contract, weatherization materials are to .be purchased for use only during the period of this contract. Contractor shall make an inventory of all materials and weatherization tools remaining on hand at the end of the contract period, and shall report the value of such materials and tools to Department by,July 10, 1980. SECTION V The parties hereto agree to amend Section III(I)(2), page 9 of 18 to read as follows: 2. The Contractor shall document and provide to Department before close of business on March 10, 1980 the following as evidence of the Contractor's need to expend more than thirty percent (30%) on program support of the remaining balance of funds under this contract after allocations for administrative expenses, as described in Subsection E(1) of this Section, and liability insurance, as described in Subsection E(2) of this Section: a. Written evidence of,requests to a prime sponsor for. CETA slots (regardless of whether the requests were funded or rejected). b. An assessment of the personnel slots needed for weatherization activities in c-omparison.to those on hand.. C. Where CETA slots are (or were)•available but could not be filled, and an explanation of recruitment efforts. d. A comparison of homes weatherized per month with -avail- able personnel in comparison to the number to be weatherized per month with increased personnel. SECTION VI. The parties hereto agree to amend Section III(I)(3), page 9 of 18 to read as follows: 3. Contractor shall submit to the Department an original and.four (4) copies of the following documents: a. Low-Income•Weatherization Report (EIA -29A); b. Financial Status Report (SF -269); C. Monthly Weatherization Report; and d. State of Texas Purchase Voucher. Said documents shall be due at Department headquarters on the following specified dates and covering expenditures -and acti- vities made during the following designated time periods: a. March 1, 1980 covering February 1, 1980 through February 20, 1980; b. April 1, 1980 covering February 21, 1980 through March 20, 1980; C. May 1, 1980 covering March 21, 1980 through April 20, 1980; d. June 1, 1980 covering April 21, 1980 through May 20, 1980; Page 2of4 e. f. SECTION VII. July 1, 1980 covering May 21, 1980 through June 20, 1980; and July 15, 1980 covering June 21, 1980 through June 30, 1980. The parties hereto.agree to amend Section IV(A.)(2), page 10 of •18 to read as follows: 2. In addition, upon full and satisfactory completion of Con- tractor's performance hereunder.through June 30, 1980, including Contractor's weatherization of the minimum number of dwelling units specified in Section IIIA) of this con- tract, title to.all tools and weatherization equipment purchased by Contractor in accordance with Section III(E) of this contract shall vest in Contractor. SECTION VIII. The parties hereto agree to amend Section IV(B)(2), page 10 of 18 to read as follows: 2. The Contractor shall submit requisitions for payment on a form like that made a part of this contract as Attach- ment B for the expenditures for which reimbursement is sought, with said requisitions for payment.due at Depart- ment headquarters on the following specified dates and covering said expenditures made during the following designated time periods: a. March 1, 1980 covering February 1, 1980 through February 20, 1980; b. April 1, 1980 covering February 21, 1980 through March 20, 1930; C. May 1, 1980 covering March 21, 1980 -through April 20, 1980; d. June 1, 1980 covering April 21, 1980 through May 20, 1980; e. July 1, 1980 covering May 21, 1980 tF.rough June 20, 1980; and f. July 15, 1980 covering June 21, 1980 through June 30, 1980. Department may, at its sole discretion, pay to Contractor twenty-five percent (25%) of the difference in the an;ount specified in Subsection D of this Section IV of this contract prior to its amendment effective February 29, 1930, and the amount specified in Section IX of such amendment. Should Department so determine, such payment shall be made within a reasonable period of time after the execution of the afore- mentioned amendment to this contract and shall apply against Departmental liabilities accrued.or to be accrued, pursuant to Subsection A of this Section IV. Otherwise, within thirty (30) days after receipt of the Contractor's properly completed requisition for payment, the Department shall pay, subject to the limitations cited below, to Contractor an amount equal to Departmental liabilities accrued as specified in Subsection A of this Section, but unpaid hereunder. SECTION IX. The parties hereto agree to amend Section IV(D), page 12 of 18 to read as follows: D. - Maximum Department Liability Notwithstanding any other provision of this contract,, Department shall not be'liable hereunder to Contractor in a cumulative amount greater than Thirty Thousand Two Hundred Eighty Two and No/100 Dollars 30,282.00. SECTION X. The parties hereto agree to amend Section XXI(B), page 18 of 18 to read as follows: B.' The below enumerated and denominated attachments of the number of pages indicated are hereby made a part of this contract. 1. Attachment A - Low -Income Weatherization Report (EIA -29A) (one. page);' Page 3 of 4 2. Attachment B'- Financial Status Report (SF -269) (one page); 3. 'Attachment C - Monthly Weatherization Report (one page); and 4. Attachment D - State of Texas Purchase Voucher (five pages). SECTION XI. The parties hereto contract and agree that all the terms of the above named contract and all -amendments thereto executed prior to the effective date of this amendment shall remain in effect and shall continue to govern except to the extent that they conflict with this amendment. Nothing in this amendment shall be construed as authorizing a violation of federal, state or local laws or regulations'as they pertain to such contract identi- fied above in Section I. By the signing of this amendment, the parties expressly understa.nd'and agree that this amendment is hereby made a part of the contract identified in Section I above as though it were set forth word for word therein. WITNESS OUR HANDS EFFECTIVE THIS 29th DAY OF FEBRUARY, 1980. Di West, Mayor, City of Lu oc Ci.ty of Lubbock, Community Services Department Approved and accepted on behalf of the Texas Department of Community Affairs. SID WIESER, Executive Director Texas Department of Community Affairs This contract is not effective until signed by the Texas epartment of Community Affairs Executive Director or his authorized designee. /) !., REVIEWED: DIVISION DIRECTOR LEGAL DIVISION. FISCAL DIVISION , Page 4 of 4