HomeMy WebLinkAboutResolution - 4170 - 2 Contracts - TDOHCA - Weatherization Assistance Program - 06_10_1993Resolution No. 4170
June 10, 1993
Item #28
RESOLUTION
WHEREAS, the City of Lubbock has been offered two (2) Contracts from the
Texas Department of Community Affairs to administer a program to weatherize
the homes of low income families in Lubbock County; and
WHEREAS, the City Council of the City of Lubbock believes it to be in
the best interest of the health, safety and welfare of the citizens of the
County of Lubbock to make it possible for low income families to conserve
energy and to reduce energy costs; 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 execute for and on behalf of the City of Lubbock two (2) Contracts
and related documents with the Texas Department of Community Affairs for the
Weatherization Assistance Program in the anticipated amount of $102,140 for
the period of April 1, 1993 through March 31, 1994. Said Contracts are
attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this
ATTEST:
Betty .Johns n, City Secretary
APPROVED AS TO CONTENT:
Sandy Ogl ree, mmunity Deve opment
Administrator
APPROVED AS TO FORM:
Linda L. C ama es, Assistant City
Attorney
LLC:js/WETHRIZE.RES
D2-Agenda/May 27, 1993
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 814048 FOR THE
LIHEAP WEATHERIZATION ASSISTANCE/ENHANCED WEATHERIZATION ASSISTANCE
PROGRAM
SECTION I. PARTIES TO CONTRACT
This agreement is made by and between the Texas Department of Housing
and Community Affairs, an agency of the State of Texas (hereinafter
the "Department") and City of Lubbock, Housing and Community
Development Department (hereinafter the "Contractor").
SECTION 2. CONTRACT PERIOD
The period for performance of this contract, unless earlier
terminated, is April 1, 1993 through March 31, 1994 (hereinafter the
"Contract Period").
SECTION 3. CONTRACTOR PERFORMANCE
Contractor shall, on an equitable basis throughout its service area,
develop and implement a Weatherization Assistance Program (WAP) and
Enhanced Weatherization Assistance Program (EWAP) (herein collectively
referred to as the "weatherization program") to assist in achieving a
prescribed level of insulation in the dwellings of low-income persons,
particularly the elderly and handicapped. Contractor shall implement
the weatherization program in accordance with the provisions of Part A
of the Energy Conservation in Existing Buildings Act of 1976, as
amended (42 U.S.C. 6861 et seq.), the U. S. Department of Energy
("DOE") regulations codified at 10 C.F.R. Parts 440 and 600, any
applicable Office of Management and Budget ("OMB") Circulars, the
Texas Weatherization Assistance Program State Plan, the LIHEAP State
Plan, The Low -Income Home Energy Assistance Act of 1981 (42U.S.C.8621
et seq..) the implementing regulations at 45 C.F.R. Part 96, and the
terms of this contract. Contractor's service area consists of the
following Texas counties: Lubbock.
Contractor shall provide weatherization program services to complete a
minimum of 28 dwelling units during the contract period. Costs per
WAP unit, including health and safety expenses up to $524/unit, shall
not exceed $1,748. Costs per EWAP unit shall not exceed $1,748.
Contractor may determine the number of units to receive EWAP services
above the specified minimum.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Contractor's satisfactory performance of this
contract, Department shall reimburse Contractor for the actual
allowable costs incurred by Contractor in the amount of:
Twelve Thousand Eight Hundred Ninety -Four and no/100 Dollars
($12,894.00).
PAGE 1 OF 12
B. By written notice to Contractor, Department may obligate additional funds under Section 4(A). For
planning purposes only, Contractor may assume that the total award during the Contract Period will be:
Contractor may plan for allowable expenditures outlined below:
CATEGORIES
PLANNED AMOUNT
%
ADMINISTRATION*
2,714
MATERIALS" *
13,685 40
PROGRAM SUPPORT/LABOR
20,529 60
HEALTH AND SAFETY***
14,647
TOTAL
51,575
* Denotes maximum for administration based on 5.26315% of total allowable expenditures.
** Denotes minimum of 40% of materials, program support and labor shall be expended for materials.
*** Denotes maximum aggregated units' total for allowable Health and Safety costs applied at $524 ner WAP
uniL unless a written waiver to exceed such amount is provided to Contractor by Department.
C. Department's obligations under this contract are contingent upon the actual receipt by Department of
federal LIHEAP program funds. If sufficient funds are not available, Department shall notify Contractor
in writing within a reasonable time after such fact is determined. Department shall then terminate this
contract and will not be liable for the failure to make any payment to Contractor under this contract.
D. Department is not liable for any cost incurred by Contractor which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as such is defined in
10 C.F.R. §440.22;
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a
federal, state, or local program within twelve months from the date weatherization of the dwelling
unit is scheduled to be completed;
(3) is incurred to weatherize a dwelling unit previously weatherized with weatherization assistance
program funds, except as provided for in 10 C.F.R.§440.18(e)(2);
(4) is for Contractor's administrative costs incurred in excess of the maximum limitation set forth in
Section 9 of this contract;
(5) is not incurred during the Contract Period;
(6) is not reported to Department on a LIHEAP Weatherization Assistance Program Progress
Expenditure Report/Monthly Funding Report, herein "LI-WAPPER/MFR" or a LIHEAP Enhanced
Weatherization Assistance Program Progress Expenditure Report/Monthly Funding Report, herein
"LI-E-WAPPER/MFR", within sixty (60) days of the termination of this contract;
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(7) is charged to WAP, reported as such to the Department, and later changed and charged to SWAP.
Charges made to SWAP and reported as such to the Department may not be later changed and
charged to WAP.
(8) is subject to reimbursement by a source other than Department; or
(9) is made in violation of any provision of this contract or any provision of federal or state law or
regulation, including, but not limited to, those enumerated in this contract.
E. Contractor shall refund, within fifteen (15) days of Department's request, any sum of money paid to
Contractor which Department determines has resulted in an overpayment or has not been spent in
accordance with the terms of this contract. Department may offset or withhold any amount otherwise
owed to Contractor under this contract against any amount owed by Contractor to Department arising
under this or any other contract between the parties.
SECTION 5. METHOD OF PAYMENT / CASH BALANCES
A. Each month, Contractor may request an advance payment of LIHEAP funds under Subsection 4(A) by
submitting to Department at its offices in Travis County, Texas a LI-WAPPER/MFR and LI-E-
WAPPER/MFR, and one State of Texas Purchase Voucher.
B. Contractor's requests for advances shall be for the minimum amount needed for the performance of this
contract. In no event shall Contractor request an advance for more than 30 days actual need. Contractor
shall establish procedures to minimize the time elapsing between the transfer of funds from Department
and the disbursal of such funds by Contractor.
C. Notwithstanding Subsection 5(A), Department reserves the right to use a cost reimbursement method of
payment for all funds if (1) Department determines that Contractor has maintained excess cash balances,
(2) Department identifies any deficiency in the cash controls or financial management system maintained
by Contractor, (3) Department determines that a cost reimbursement method would benefit the program
(4) Department's funding sources require the use of a cost reimbursement method, or (5) Contractor fails to
comply with any of the reporting requirements of Section 11.
D. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible
recipients of the weatherization assistance program and for the payment of the allowable expenditures
identified in Section 9.
SECTION 6. COST PRINCIPLES
Except as specifically modified by law or the terms of this contract, in performing this contract, Contractor shall
comply with the cost principles set forth in OMB Circular No. A-122 (non -profits) or OMB Circular No. A-87
(units of local government).
SECTION 7. UNIFORM ADMINISTRATIVE REQUIREMENTS
Except as specifically modified by law or the terms of this contract, in performing this contract, Contractor shall
comply with the uniform administrative requirements set forth in OMB Circular No. A-110 (non -profits) or the
Common Rule, 10 C.F.R. §600.400 et seq. (units of local government).
PAGE 3 OF 12
SECTION 8. TERMINATION AND SUSPENSION
A. Department may terminate this contract, in whole or in part, at any time Department determines that there
is cause for termination. Cause for termination includes but is not limited to Contractor's failure to comply
with any term of this contract. Department shall notify Contractor in writing at least thirty (30) days
before the date of termination.
B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and
immediately suspend Contractor's performance of this contract if Department identifies possible instances
of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Contractor's performance.
Suspension shall be a temporary measure pending either corrective action by Contractor or a decision by
Department to terminate this contract.
C. Department shall not be liable for any costs incurred by Contractor after termination or during suspension
of this contract. Notwithstanding the termination or suspension of this contract, Contractor shall not be
relieved of any liability for damages due to Department by virtue of any breach of this contract by
Contractor. Department may withhold any payment otherwise due to Contractor until such time as the
exact amount of damages owed to Department by Contractor is determined and paid.
SECTION 9. ALLOWABLE EXPENDITURES
A. The allowability of Contractor's costs incurred in the performance of this contract shall be determined in
accordance with the provisions of Section 5 and the regulations set forth at 10 C.F.R. §440.18, subject to
the limitations and exceptions set forth in this Section.
B. Allowable WAP expenditures under Subsection 4(A) include: (1) the purchase and delivery of
weatherization materials as defined in 10 C.F.R. §440.3, but not to include storm doors; (2) labor costs in
accordance with 10 C.F.R. §440.19; (3) transportation of weatherization and repair materials, tools,
equipment, and work crews to a storage site and to the site of weatherization work; (4) maintenance,
operation, and insurance of vehicles used to transport weatherization materials; (5) maintenance of tools
and equipment; (6) purchase or lease of tools, equipment, and vehicles (leasing only); (7) employment of
on -site supervisory personnel; (8) storage of weatherization materials, tools, and equipment; (9) the cost of
incidental repairs (such as repairs to roofs, walls, floors, and other parts of a dwelling unit) if such repairs
are necessary for the effective performance or preservation of weatherization materials; and (10) the cost
of eliminating health and safety hazards necessary for installation of weatherization materials.
C. Allowable expenditures of SWAP funds awarded under Subsection 4(A) include: (1) the expenditures
listed above in Subsection 9(B), (2) the cost of materials and labor for heating and cooling system tuneups,
repairs, modifications, or replacements if such will result in improved energy efficiency and/or (3) health
and safety of a dwelling unit. All expenditures of EWAP funds must be in conformity with any EWAP
regulations or issuances promulgated by Department.
D. Contractor shall weatherize eligible dwelling units using only weatherization materials which meet or
exceed the standards prescribed by DOE in 10 C.F.R. Part 440, Appendix A.
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E. Administrative costs incurred by Contractor in performing this contract are to be based on actual
expenditures and shall be allowed up to the amount outlined in Section 4. Allowable administrative costs
may include reasonable costs associated with Contractor's administrative personnel, travel (out of service
area), audit fees, office space, equipment, and supplies which are necessary for the administration of the
weatherization assistance program and enhanced weatherization program.
F. The cost of carrying out low-cost/no-cost weatherization activities not to exceed Fifty Dollars ($50.00) per
dwelling unit, in accordance with 10 C.F.R. §440.20, shall be an allowable WAP expenditure under
Subsection 4(A) .
G. To the maximum extent practicable, Contractor shall utilize funds provided herein for the purchase of
weatherization materials. Contractor may use for the purchase and delivery of weatherization materials
any or all of the funds allowed to be expended for administrative purposes under this contract.
H. To the maximum extent practicable, Contractor shall secure the services of (1) volunteers, (2) training
participants, and (3) public service employment workers assisted pursuant to the Job Training Partnership
Act, to weatherize dwelling units under the direction of qualified supervisors.
SECTION 10. RECORD KEEPING REQUIREMENTS
A. Contractor shall comply with the record keeping requirements set forth at 10 C.F.R. §440.24 and with such
additional record keeping requirements as may be specified by Department.
B. For each dwelling unit weatherized with funds received from the Weatherization Assistance Program
("WAP") under this contract, Contractor shall maintain a file containing the following information:
(1) completed Application for Weatherization Services (Department form) (including Alien Status form
incorporated into application);
(2) eligibility documentation (proof of income eligibility shall consist of checks, check stubs, award
letters, employer statements, or other similar documents including total income and public assistance
payments); no dwelling unit shall be weatherized without documentation that the dwelling unit is an
eligible dwelling unit as defined in 10 C.F.R. §440.22;
(3) Building Weatherization Report (Department form) to include certification of final inspection;
(4) invoices of materials purchased or inventory removal sheets;
(5) invoices of labor;
(6) Homeowner/Authorized Agent Certification (Department form) if rental unit;
(7) Self-help Certification (Department form), if applicable;
(8) Notice of Denial (Department form) if applicable;
(9) Building Assessment form;
PAGE 5 OF 12
(10) Attic Inspection (Department form);
(11) Justification for Omission of Priorities (Department form), if applicable;
(12) Blower Door Data Sheet; and
(13) Other forms as required by the Issuance system.
C. For each dwelling unit weatherized with funds received from the Enhanced Weatherization Assistance
Program ("EWAP") under this contract, Contractor shall maintain a file containing the following
information:
(1) Assessment/Building Enhanced Weatherization Report with certification and final inspection
(Department form);
(2) Invoices for materials purchased or inventory removal sheets;
(3) Invoices for labor; and
(4) Other forms as required by the Issuance system.
Both WAP and EWAP files shall be maintained in the same folder and assigned the same numerical unit
identification number, except that each number shall be preceded with '93 L-WAP if it is a unit completed with
WAP measures and '93 L-EWAP if it is a unit completed with EWAP measures.
D. Materials Standards - documentation of the required standards for WAP materials must be on file.
E. Contractor shall give the federal and state funding agencies, the Comptroller General of the United States,
and Department, access to and the right to reproduce all records pertaining to this contractor. All such
records shall be maintained for at least three years after final payment has been made and all other pending
matters are closed. Contractor shall include the requirements of this Subsection in all subcontracts.
F. All weatherization assistance program records maintained by Contractor, except records made confidential
by law, shall be available for inspection by the public during Contractor's normal business hours to the
extent required by the Texas Open Records Act, TEX. REV. CIV. STAT. ANN. article 6252-17a.
SECTION 11. REPORTING REQUIREMENTS
A. For each month of the Contract Period, Contractor shall furnish Department with expenditure reports for
the previous month by submitting a LI-WAPPER/MFR and LI-E-WAPPER/MFR. Such monthly reports
must be received by Department no later than the 10th day of the following month. Expenditure reports
are due even if Contractor has no new activity to report during the month.
B. Contractor shall submit to Department within sixty (60) days following the date of termination of this
contract final expenditure reports utilizing the LI-WAPPER/MFR and LI-E-WAPPER/MFR. The failure
of Contractor to provide a full accounting of all funds expended under this contract shall be sufficient
reason for Department to deny or terminate any future weatherization program contracts to Contractor.
PAGE 6 OF 12
C. Contractor shall submit to Department no later than sixty (60) days after the end of the Contract Period an
inventory of all vehicles, tools, and equipment with a unit acquisition cost of $500.00 or more and a useful
life of more than one year, if purchased in whole or in part with funds received under this or previous
weatherization assistance program contracts. The inventory shall reflect the tools, and equipment on hand
as of the last day of the Contract Period.
D. Contractor shall submit such other reports, data, and information on the performance of this contract as
may be required by DOE pursuant to 10 C.F.R. §440.25, by HHS or by the Department.
E. If Contractor fails to submit, in a timely and satisfactory manner, any report or response required by this
contract, including responses to monitoring reports, Department may withhold payments otherwise due
Contractor hereunder. Payments may be withheld until such time as the delinquent report or response is
received by Department. If the delinquent report or response is not received within forty-five (45) days of
its due date, Department may suspend or terminate this contract. If Contractor receives Weatherization
Program funds from Department over two or more contract periods, funds may be withheld or this contract
suspended or terminated by Contractor's failure to submit a report or response (including a report of audit)
past due from a prior contract period.
SECTION 12. CHANGES AND AMENDMENTS
Any change in the terms of this contract which is required by a change in state or federal law or regulation is
automatically incorporated herein effective on the date designated by such law or regulation. Except as
otherwise specifically provided herein any other change in the terms of this contract shall be by amendment
hereto in writing and executed by both parties to this contract.
SECTION 13. DEPARTMENT ISSUANCES
Department may issue directives which serve to interpret or clarify the terms of this contract. Such directives
shall be issued by Department in the form of WAP Policy Issuances. Issuances shall not alter the terms of this
contract so as to relieve Department of any obligation of reimbursement of an allowable cost incurred by
Contractor prior to the effective date of the Issuance. All WAP Policy Issuances promulgated by Department.
whether before or after the commencement date of this contract, shall govern the performance of this contract
until specifically rescinded by Department.
SECTION 14. INDEPENDENT CONTRACTOR
It is agreed that Contractor is an independent contractor. To the extent allowed by law, Contractor agrees to
hold Department harmless and indemnify it against any disallowed costs or other claims asserted by any person
in connection with the services to be performed by Contractor under this contract.
SECTION 15. PROCUREMENT STANDARDS & SUBCONTRACTS
A. Contractor shall develop and implement procurement procedures which conform with the uniform
administrative requirements referenced in Section 7. Contractor shall not procure supplies, equipment.
materials, or services except in accordance with its procurement procedures and WAP Policy Issuance #88-10.1.
All procurement contracts, other than "small purchases" as defined in WAP Policy Issuance #88-10.1, shall be
in writing and shall contain the provisions required by WAP Policy Issuance #88-10.1.
PAGE 7 OF 12
B. Contractor shall ensure that its subcontractors comply with all applicable terns of this contract as if the
performance rendered by the subcontractor was being rendered by Contractor. Contractor shall inspect all
subcontractors' work and shall be responsible for ensuring that it is completed in a good and workman -like
manner.
SECTION 16. AUDIT
A. Contractor shall arrange for the performance of an annual financial and compliance audit of the funds
received under this contract. The audit shall be made in accordance with the Single Audit Act of 1984. 31
U.S.C. Sec. 7501 (hereinafter the "Audit Act"), OMB Circular No. A-128, "Audit Requirements for State
and Local Governments", or OMB Circular No. A-133 "Audits of Institutions of Higher Education and
Other Nonprofit Organizations", the Uniform Grant Management Standards, Generally Accepted
Government Auditing Standards and Department's supplemental audit requirements. Contracts for audit
services shall include a reference to the Audit Act and OMB Circular Nos. A-128 or A-133. Contractor
shall take any reasonable action required by Department to facilitate the performance of audit(s) conducted
pursuant to this Section.
B. Contractor shall submit three (3) copies of the report of such audit to Department no later than one
hundred twenty (120) days after the end of the audit period. Audits performed under this section are
subject to review and resolution by Department or its authorized representatives.
C. Contractor shall take immediate corrective action after issuance of the audit report if instances of material
noncompliance with laws, regulations or this contract are discovered. Contractor shall be liable to
Department for any costs disallowed pursuant to the audit(s) of funds received under this contract.
Repayment of disallowed costs shall be made by Contractor from funds which were not made available to
Contractor under any contract with Department.
SECTION 17. PROPERTY MANAGEMENT
A. Contractor shall develop and implement a property management system which conforms with the uniform
administrative requirements referenced in Section 7. Contractor shall not use, transfer, or dispose of any
property acquired in whole or in part with funds provided under this or a previous weatherization
assistance program contract except in accordance with its own property management system and
Department Issuances.
B. Contractor shall establish adequate safeguards to prevent loss, damage, or theft of property acquired
hereunder and shall promptly report to Department any loss, damage, or theft of property with an
acquisition cost of Five Hundred Dollars ($500.00) or more.
C. In addition to the inventory of tools and equipment required under Section 11, Contractor shall take a
physical inventory of all weatherization assistance program materials and shall reconcile the results with
its property records at least once every year. Any differences between quantities determined by the
inventory and those shown in the property records shall be investigated by Contractor to determine the
cause of the difference.
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SECTION 18. INSURANCE REQUIREMENTS
Contractor shall maintain adequate personal injury and property damage liability insurance or, if Contractor is a
unit of local government, sufficient self insurance reserves to protect against the hazards arising out of or in
connection with the performance of this contract.
SECTION 19. LITIGATION AND CLAIMS
Contractor shall give Department immediate written notice of any claim or action filed with a court or
administrative agency against Contractor and arising out of the performance of this contract or any subcontract
hereunder. Contractor shall furnish to Department copies of all pertinent papers received by Contractor with
respect to such action or claim.
SECTION 20. TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic on -site monitoring and evaluation of the efficiency, economy,
and effectiveness of Contractor's performance of this contract. Department will advise Contractor in writing of
any deficiencies noted during such monitoring. Department may provide technical assistance to Contractor and
may require changes in Contractor's accounting, personnel, procurement, and management procedures in order
to correct any deficiencies noted. Contractor may be required by Department to return to dwelling units to
correct identified problems. Department may conduct follow-up visits to review and assess the efforts
Contractor has made to correct previously noted deficiencies. Department may withhold funds, place
Contractor on a cost reimbursement basis, deobligate funds, suspend performance, terminate this contract, or
invoke other remedies in the event monitoring reveals material deficiencies in Contractor's performance or if
Contractor fails to correct any deficiency within a reasonable period of time.
SECTION 21. LEGAL AUTHORITY
A. Contractor represents that it possesses the practical ability and the legal authority, to enter into this
contract, receive and manage the funds authorized by this contract, and to perform the services Contractor
has obligated itself to perform under this contract.
B. The person signing this contract on behalf of Contractor hereby warrants that he/she has been authorized
by Contractor to execute this contract on behalf of Contractor and to bind Contractor to all terms herein set
forth.
C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal
authority of either Contractor or the person signing this contract to enter into this contract or to render
performances hereunder. 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 reasons enumerated in this Section 21.
PAGE 9 OF 12
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Contractor shall establish, maintain, and utilize internal systems and procedures sufficient to prevent,
detect, and correct incidents of waste, fraud, and abuse in the weatherization assistance program and to
provide for the proper and effective management of all program and fiscal activities funded by this
contract. Contractor's internal control systems and all transactions and other significant events are to be
clearly documented and the documentation shall be readily available for monitoring by Department.
B. Contractor shall give Department complete access to all of its records, employees, and agents for the
purpose of monitoring or investigating the weatherization program. Contractor shall fully cooperate with
Department's efforts to detect, investigate, and prevent waste, fraud, and abuse.
C. Contractor may not discriminate against any employee or other person who reports a violation of the terms
of this contract or of any law or regulation to Department or to any appropriate law enforcement authority,
if the report is made in good faith.
SECTION 23. CONFLICT OF INTEREST/NEPOTISM
A. Contractor represents 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 with the performance of this contract
and that no person having such interest shall be employed by Contractor or appointed as a member of
Contractor's governing body.
B. Contractor shall establish safeguards to prohibit its employees from using their positions for a purpose that
is or gives the appearance of being motivated by a desire for' private gain for themselves or others,
particularly those with whom they have family, business or other ties.
C. Contractor agrees that it will comply with TEX. REV. CIV. STAT. ANN. article 5996 by ensuring that no
officer, employee, or member of the governing body of Contractor shall vote for or confirm the
employment of any person related within the second degree by affinity or third degree by consanguinity to
any member of the governing body or to any officer or employee authorized to employ or supervise such
person. This prohibition shall not prohibit the continued employment of a person who has been
continuously employed for a period of tw-o years prior to the election or appointment of the officer,
employee, or governing body member related to such person in the prohibited degree.
SECTION 24. POLITICAL ACTIVITY AND LOBBYING
A. No funds provided under this contract may be used to attempt to influence in any manner a member of
Congress to favor or oppose any legislation or appropriation by Congress, nor to lobby state or local
elected officials.
B. No federal appropriated funds may be paid, by or on behalf of Contractor, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
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C. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, Contractor shall complete and submit a Certification
Regarding Lobbying form in accordance with its instructions.
SECTION 25. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground of race, color, religion, sex, national origin, age, handicap, political affiliation or
belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be
denied employment in the administration of or in connection with any program or activity funded in whole or in
part with funds made available under this contract.
SECTION 26. SPECIAL COMPLIANCE PROVISIONS
Contractor shall comply with the requirements of all applicable laws and regulations, including those specified
in 10 C.F.R. Sec. 600.436 (i).
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Contract under this contract may not be substituted for funds or resources from any other
source nor in any way serve to reduce the funds or resources which would have been available to or provided
through Contractor had this contract never been executed.
SECTION 28. DEBARRED AND SUSPENDED PARTIES
Contractor must not make any award (subgrant or contract) to any party which is debarred or suspended or is
otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order
12549, "Debarment and Suspension."
SECTION 29. NO WAIVER
No right or remedy given to Department by this contract shall preclude the existence of any other right or
remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right
or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a
waiver of Department's right to exercise that or any other right or remedy at a later time.
SECTION 30. PRIOR ORAL AND WRITTEN AGREEMENTS
All prior oral or written agreements between the parties hereto relating to the subject matter of this contract have
been reduced to writing and are contained herein.
SECTION 31. SEVERABILITY
If any portion of this contract is held to be invalid by a court of competent jurisdiction, the remainder of it shall
remain valid and binding.
PAGE 11 OF 12
SIGNED this 10th day of .tune
, 1993
CITY OF LUBBOCK, HOUSING AND
COMMUNITY DEVELOPMENT DEPARTMENT
angsto-n-,.Aa_vor
APPROVED AS TO CONTENT:
Sandy g e e, using an
Community evelopment Administrator
APPROVED AS TO FORM:
Linda Chamales
Assistant City Attorney
TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS
y riores, txecutive uirector
This contract is not effective unless signed by the Executive Director of the
Department or his authorized designee.
PAGE 12 OF 12
Disc #2
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 564048 FOR THE
DOE/OIL OVERCHARGE WEATHERISATION ASSISTANCE PROGRAM
SECTION 1. PARTIES TO CONTRACT
This agreement is made by and between the Texas Department of Housing and Community
Affairs, an agency of the State of Texas (hereinafter the "Department") and City of
Lubbock, Housing and Community Development Department (hereinafter the
"Contractor").
SECTION 2. CONTRACT PERIOD
The period for performance of this contract, unless earlier terminated, is April 1,
1993 through March 31, 1994 (hereinafter the "Contract Period").
SECTION 3. CONTRACTOR PERFORMANCE
Contractor shall, on an equitable basis throughout its service area, develop and
implement a Weatherization Assistance Program (WAP) (herein referred to as the
"weatherization program") to assist in achieving a prescribed level of insulation in
the dwellings of low-income persons, particularly the elderly and handicapped.
Contractor shall implement the weatherization program in accordance with the
provisions of Part A of the Energy Conservation in Existing Buildings Act of 1976,
as amended (42 U.S.C. 6861 et seq.), the U.S. Department of Energy ("DOE")
regulations codified at 10 C.F. R. Parts 440 and 600, any applicable Office of
Management and Budget ("OMB") Circulars, the Texas Weatherization Assistance Program
State Plan, the Oil Overcharge Restitutionary Act (TEX. REV. CIV. STAT. ANN. article
4413(56), and the terms of this contract. Contractor's service area consists of the
following Texas counties: Lubbock.
Contractor shall provide weatherization program services to complete a minimum of 24
dwelling units during the contract period. Costs per unit, including health and
safety expenses up to $524/unit, shall not exceed $1,748.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Contractor's satisfactory performance of this contract,
Department shall reimburse Contractor for the actual allowable costs incurred
by Contractor in the amount of:
(1) Funds for Weatherization Assistance Program: Twelve
Thousand One Hundred Fifty -Five and no/100 Dollars
($12,155.00).
(2) Funds for Department/DOE Training Travel: One Thousand Nine
Hundred Forty -Seven and no/100 Dollars ($1,947.00).
PAGE 1 OF 12
By written notice to Contractor, Department may obligate additional funds under Section 4(A). For
planning purposes only, Contractor may assume that the total award during the Contract Period will be:
(1) Total Anticipated Weatherization Assistance Funds: Forty -Eight Thousand Six Hundred
Eighteen and no/100 Dollars ($48,618.00).
(2) Total Anticipated funds for Department/DOE Training Travel: One Thousand Nine Hundred
Forty -Seven and no/100 Dollars ($1,947.00).
Contractor may plan for allowable expenditures outlined below:
Denotes maximum for administration based on 10.526315% of total allowable expenditures excluding
travel for training.
Denotes minimum of 40% of costs for materials, program support and labor shall be expended for
materials.
Denotes maximum aggregated units' total for allowable Health and Safety costs applied at $524 per WAP
unit.
C. Department's obligations under this contract are contingent upon the actual receipt by Department of state
and federal funds. If sufficient funds are not available, Department shall notify Contractor in writing
within a reasonable time after such fact is determined. Department shall then terminate this contract and
will not be liable for the failure to make any payment to Contractor under this contract.
D. Department is not liable for any cost incurred by Contractor which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as such is defined in
10 C.F.R. §440.22;
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a
federal, state, or local program within twelve months from the date weatherization of the dwelling
unit is scheduled to be completed;
(3) is incurred to weatherize a dwelling unit previously weatherized with weatherization assistance
program funds, except as provided for in 10 C.F.R.§440.18(e)(2);
PAGE 2 OF 12
(4) is for Contractor's administrative costs incurred in excess of the maximum limitation set forth in
Section 9 of this contract;
(5) is not incurred during the Contract Period;
(6) is not reported to Department on a Weatherization Assistance Program Progress Expenditure
Report/Monthly Funding Report, herein "WAPPER/MFR", within sixty (60) days of the termination
of this contract;
(7) is subject to reimbursement by a source other than Department; or
(8) is made in violation of any provision of this contract or any provision of federal or state law- or
regulation, including, but not limited to, those enumerated in this contract.
E. Contractor shall refund, within fifteen (15) days of Department's request, any sum of money paid to
Contractor which Department determines has resulted in an overpayment or has not been spent in
accordance with the terms of this contract. Department may offset or withhold any amount otherwise
owed to Contractor under this contract against any amount owed by Contractor to Department arising
under this or any other contract between the parties.
SECTION 5. METHOD OF PAYMENT / CASH BALANCES
A. Each month, Contractor may request an advance payment of Weatherization Assistance Program (" WAP")
funds under Subsection 4(A)(1) by submitting to Department at its offices in Travis County, Texas a
WAPPER/MFR and a State of Texas Purchase Voucher.
B. Contractor's requests for advances shall be for the minimum amount needed for the performance of this
contract. In no event shall Contractor request an advance for more than 30 days of actual need.
Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from
Department and the disbursal of such funds by Contractor.
C. Notwithstanding Subsection 5(A), Department reserves the right to use a cost reimbursement method of
payment for all funds if (1) Department determines that Contractor has maintained excess cash balances,
(2) Department identifies any deficiency in the cash controls or financial management system maintained
by Contractor, (3) Department determines that a cost reimbursement method would benefit the program
(4) Department's funding sources require the use of a cost reimbursement method, or (5) Contractor fails to
comply with any of the reporting requirements of Section 11.
D. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible
recipients of the weatherization assistance program and for the payment of the allowable expenditures
identified in Section 9.
SECTION 6. COST PRINCIPLES
Except as specifically modified by law or the terms of this contract, in performing this contract, Contractor shall
comply with the cost principles set forth in OMB Circular No. A-122 (non -profits) or OMB Circular No. A-87
(units of local governments).
PAGE 3 OF 12
SECTION 7. UNIFORM ADMINISTRATIVE REQUIREMENTS
Except as specifically modified by law or the terms of this contract, in performing this contract, Contractor shall
comply with the uniform administrative requirements set forth in OMB Circular No. A-110 (non -profits) or the
Common Rule, 10 C.F.R. §600.400 et seq. (units of local government).
SECTION 8. TERMINATION AND SUSPENSION
A. Department may terminate this contract, in whole or in part, at any time Department determines that
there is cause for termination. Cause for termination includes but is not limited to Contractor's failure to comply
%%ith any term of this contract. Department shall notify Contractor in writing at least thirty (30) days before the
date of termination.
B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and
immediately suspend Contractor's performance of this contract if Department identifies possible instances of
fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Contractor's performance.
Suspension shall be a temporary measure pending either corrective action by Contractor or a decision b,.
Department to terminate this contract. -
C. Department shall not be liable for any costs incurred by Contractor after termination or during suspension
of this contract. Notwithstanding the termination or suspension of this contract, Contractor shall not be
relieved of any liability for damages due to Department by virtue of any breach of this contract by
Contractor. Department may withhold any payment otherwise due to Contractor until such time as the
exact amount of damages owed to Department by Contractor is determined and paid.
SECTION 9. ALLOWABLE EXPENDITURES
A. The allowability of Contractor's costs incurred in the performance of this contract shall be determined in
accordance with the provisions of Section 5 and the regulations set forth at 10 C.F.R. §440.18, subject to
the limitations and exceptions set forth in this Section.
B. Allowable WAP expenditures under Subsection 4(A)(1) include: (1) the purchase and delivery of
weatherization materials as defined in 10 C.F.R. §440.3, but not to include storm doors; (2) labor costs in
accordance with 10 C.F.R. §440.19; (3) transportation of weatherization and repair materials, tools,
equipment, and work crews to a storage site and to the site of weatherization work; (4) maintenance.
operation, and insurance of vehicles used to transport weatherization materials; (5) maintenance of tools
and equipment; (6) purchase or lease of tools, equipment, and vehicles (purchase of vehicles must be
approved in advance by DOE); (7) employment of on -site supervisory personnel; (8) storage of
weatherization materials, tools, and equipment; (9) the cost of incidental repairs (such as repairs to roofs,
walls, floors, and other parts of a dwelling unit) if such repairs are necessary for the effective performance
or preservation of weatherization materials; and (10) allowable health and safety measures.
C. PROVIDED THAT:
(1) If incidental repairs are necessary to make the installation of the weatherization materials effective,
the cost of incidental -repair materials charged to WAP funds awarded under Subsection 4(A)(1) shall
not exceed the cost of weatherization materials charged to WAP funds.
PAGE 4 OF 12
(2) Contractor shall weatherize eligible dwelling units using only weatherization materials which meet
or exceed the standards prescribed by DOE in 10 C.F.R. Part 440, Appendix A.
E. Administrative costs incurred by Contractor in performing this contract are to be based on actual
expenditures and shall be allowed up to the amount outlined in Section 4. Allowable administrative costs
may include reasonable costs associated with Contractor's administrative personnel, travel (out of service
area), office space, equipment, and supplies which are necessary for the administration of the
weatherization assistance program.
F. The cost of liability insurance for the weatherization program for personal injury and for property damage,
not to exceed Fifteen Hundred Dollars ($1,500.00) shall be an allowable WAP expenditure under
Subsection 4(A)(1). Contractor may request a written waiver of the limit on liability insurance. The
waiver request must provide price quotes from at least three (3) insurance carriers. Amounts in excess of
the $1,500 are to be charged to the administrative category.
G. The cost for supporting fiscal audit expenses for the weatherization program not to exceed Eight Hundred
Dollars ($800.00) shall be an allowable WAP expenditure under Subsection 4(A)(1).
H. The cost of carrying out low-cost/no-cost weatherization activities not to exceed Fifty Dollars ($50.00) per
dwelling unit, in accordance with 10 C.F.R. §440.20, shall be an allowable WAP expenditure under
Subsection 4(A)(1).
I. To the maximum extent practicable, Contractor shall utilize funds provided herein for the purchase of
weatherization materials. Contractor may use for the purchase and delivery of weatherization materials
any or all of the funds allowed to be expended for administrative purposes under this contract.
J. To the maximum extent practicable, Contractor shall secure the services of (1) volunteers, (2) training
participants, and (3) public service employment workers assisted pursuant to the Job Training Partnership
Act, to weatherize dwelling units under the direction of qualified supervisors.
SECTION 10. RECORD KEEPING REQUIREMENTS
A. Contractor shall comply with the record keeping requirements set forth at 10 C.F.R. §440.24 and with such
additional record keeping requirements as may be specified by Department.
B. For each dwelling unit weatherized with funds received from the Weatherization Assistance Program
(" WAP") under this contract, Contractor shall maintain a file containing the following information:
(1) completed Application for Weatherization Services (Department form which incorporates the Alien
status form);
(2) eligibility documentation (proof of income eligibility shall consist of checks, check stubs, award
letters, employer statements, or other similar documents including total income and public assistance
payments); no dwelling unit shall be weatherized without documentation that the dwelling unit is an
eligible dwelling unit as defined in 10 C.F.R. §440.22;
(3) Building Weatherization Report (Department form) to include certification of final inspection;
(4) invoices of materials purchased or inventory removal sheets;
PAGE 5 OF 12
(5) invoices of labor;
(6) Homeowner/Authorized Agent Certification (Department form) if rental unit;
(7) Self-help Certification (Department form), if applicable;
(8) Notice of Denial (Department form) if applicable;
(9) Building Assessment form;
(10) Attic Inspection (Department form);
(11) Justification for Omission of Priorities (Department form), if applicable;
(12) Blower Door Data Sheet; and
(13) Other forms as may be required via the Issuance System.
WAP unit files for this contract are to be separate from LIHEAP WAP files and each shall be identified with
DOE-WAP ahead of the numerical digits. A '93 DOE-WAP file that has EWAP funds expended on it is to be
maintained in the same file with the '93 DOE-WAP with the same job number as the DOE but labeled '93 L-
EWAP.
C. Materials standards documentation for weatherization materials purchased under this contract. These
standards must meet the requirements as per Appdndix A of 10 CFR 440 and the Material Installation
Standards Manual.
E. Contractor shall give the federal and state funding agencies, the Comptroller General of the United States.
and Department, access to and the right to reproduce all records pertaining to this contractor. All such
records shall be maintained for at least three years after final payment has been made and all other pending
matters are closed. Contractor shall include the requirements of this Subsection in all subcontracts.
F. All weatherization assistance program records maintained by Contractor, except records made confidential
by law, shall be available for inspection by the public during Contractor's normal business hours to the
extent required by the Texas Open Records Act, TEX. REV. CIV. STAT. ANN. article 6252-17a.
SECTION 11. REPORTING REQUIREMENTS
A. Contractor shall submit a WAPPER/MFR for each month of the Contract Period. Such monthly reports
must be received by Department nQ later than th_e 10 h d-U 9f thg following month. Expenditure
reports are due even if Contractorhas m new activity tQ reporl.
B. Contractor shall submit to Department within sixty (60) days following the date of termination of this
contract final expenditure reports utilizing the WAPPER/MFR. The failure of Contractor to provide a full
accounting of all funds expended under this contract shall be sufficient reason for Department to deny or
terminate any future weatherization program contracts to Contractor.
PAGE 6 OF 12
C. Contractor shall submit to Department no later than sixty (60) days after the end of the Contract Period an
inventory of all vehicles, tools, and equipment with a unit acquisition cost of $500.00 or more and a useful
life of more than one year, if purchased in whole or in part with funds received under this or previous
weatherization assistance program contracts. The inventory shall reflect the vehicles, tools, and equipment
on hand as of the last day of the Contract Period.
D. Contractor shall submit such other reports, data, and information on the performance of this contract as
may be required by DOE pursuant to 10 C.F.R. §440.25, or by Department.
E. If Contractor fails to submit, in a timely and satisfactory manner, any report or response required by this
contract, including responses to monitoring reports, Department may withhold payments otherwise due
Contractor hereunder. Payments may be withheld until such time as the delinquent report or response is
received by Department. If the delinquent report or response is not received within forty-five (45) days of
its due date, Department may suspend or terminate this contract. If Contractor receives Weatherization
Program funds from Department over two or more contract periods, funds may be withheld or this contract
suspended or terminated by Contractor's failure to submit a report or response (including a report of audit)
past due from a prior contract period.
SECTION 12. CHANGES AND AMENDMENTS
Any change in the terms of this contract which is required by a change in state or federal law or regulation is
automatically incorporated herein effective on the date designated by such law or regulation. Except as
otherwise specifically provided herein any other change in the terms of this contract shall be by amendment
hereto in writing and executed by both parties to this contract.
SECTION 13. DEPARTMENT ISSUANCES
Department may issue directives which serve to interpret or clarify the terms of this contract. Such directives
shall be issued by Department in the form of WAP Policy Issuances. Issuances shall not alter the terms of this
contract so as to relieve Department of any obligation of reimbursement of an allowable cost incurred by
Contractor prior to the effective date of the Issuance. All WAP Policy Issuances promulgated by Department,
whether before or after the commencement date of this contract, shall govern the performance of this contract
until specifically rescinded by Department.
SECTION 14. INDEPENDENT CONTRACTOR
It is agreed that Contractor is an independent contractor. To the extent allowed by law, Contractor agrees to
hold Department harmless and indemnify it against any disallowed costs or other claims asserted by any person
in connection with the services to be performed by Contractor under this contract.
SECTION 15. PROCUREMENT STANDARDS & SUBCONTRACTS
A. Contractor shall develop and implement procurement procedures which conform with the uniform
administrative requirements referenced in Section 7. Contractor shall not procure supplies, equipment,
materials, or services except in accordance with its procurement procedures and WAP Policy Issuance
#88-10.1. All procurement contracts, other than "small purchases" as defined in WAP Policy Issuance
#88-10.1, shall be in writing and shall contain the provisions required by WAP Policy Issuance #88-10.1.
Contractor must obtain advance written permission from DOE through Department before purchasing any
vehicle.
PAGE 7 OF 12
B. Contractor shall ensure that its subcontractors comply with all applicable terms of this contract as if the
performance rendered by the subcontractor was being rendered by Contractor. Contractor shall inspect all
subcontractors' work and shall be responsible for ensuring that it is completed in a good and workman -like
manner.
SECTION 16. AUDIT
A. Contractor shall arrange for the performance of an annual financial and compliance audit of the funds
received under this contract. The audit shall be made in accordance with the Single Audit Act of 1984, 31
U.S.C. Sec. 7501 (hereinafter the "Audit Act"), OMB Circular No. A-128, "Audit Requirements for State
and Local Governments", or OMB Circular No. A-133 "Audits of Institutions of Higher Education and
Other Nonprofit Organizations", the Uniform Grant Management Standards, Generally Accepted
Government Auditing Standards and Department's supplemental audit requirements. Contracts for audit
services shall include a reference to the Audit Act and OMB Circular Nos. A-128 or A-133. Contractor
shall take any reasonable action required by Department to facilitate the performance of audit(s) conducted
pursuant to this Section.
B. Contractor shall submit three (3) copies of the report of such audit to Department no later than one
hundred twenty (120) days after the end of the audit period. Audits performed under this section are
subject to review and resolution by Department or its authorized representatives.
C. Contractor shall take immediate corrective action after issuance of the audit report if instances of material
noncompliance with laws, regulations or this contract are discovered. Contractor shall be liable to
Department for any costs disallowed pursuant to the audit(s) of funds received under this contract.
Repayment of disallowed costs shall be made by Contractor from funds which were not made available to
Contractor under any contract with Department.
SECTION 17. PROPERTY MANAGEMENT
A. Contractor shall develop and implement a property management system which conforms with the uniform
administrative requirements referenced in Section 7. Contractor shall not use, transfer, or dispose of any
property acquired in whole or in part with funds provided under this or a previous weatherization
assistance program contract except in accordance with its own property management system and
Department Issuances.
B. Contractor shall establish adequate safeguards to prevent loss, damage, or theft of property acquired
hereunder and shall promptly report to Department any loss, damage, or theft of property with an
acquisition cost of Five Hundred Dollars ($500.00) or more.
C. In addition to the inventory of vehicles tools, and equipment required under Section 11, Contractor shall
take a physical inventory of all weatherization assistance program materials and shall reconcile the results
with its property records at least once every year. Any differences between quantities determined by the
inventory and those shown in the property records shall be investigated by Contractor to determine the
cause of the difference.
PAGE 8 OF 12
SECTION 18. INSURANCE REQUIREMENTS
Contractor shall maintain adequate personal injury and property damage liability insurance or, if Contractor is a
unit of local government, sufficient self insurance reserves to protect against the hazards arising out of or in
connection with the performance of this contract.
SECTION 19. LITIGATION AND CLAIMS
Contractor shall give Department immediate %NTitten notice of any claim or action filed with a court or
administrative agency against Contractor and arising out of the performance of this contract or any subcontract
hereunder. Contractor shall furnish to Department copies of all pertinent papers received by Contractor with
respect to such action or claim.
SECTION 20. TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic on -site monitoring and evaluation of the efficiency, economy,
and effectiveness of Contractor's performance of this contract. Department will advise Contractor in writing of
any deficiencies noted during such monitoring. Department may provide technical assistance to Contractor and
may require changes in Contractor's accounting, personnel, procurement, and management procedures in order
to correct any deficiencies noted. Contractor may be required by Department to return to dwelling units to
correct identified problems. Department may conduct follow-up visits to review and assess the efforts
Contractor has made to correct previously noted deficiencies. Department may withhold funds, place
Contractor on a cost reimbursement basis, deobligate funds, suspend performance, terminate this contract, or
invoke other remedies in the event monitoring reveals material deficiencies in Contractor's performance or if
Contractor fails to correct any deficiency within a reasonable period of time.
SECTION 21. LEGAL AUTHORITY
A. Contractor represents that it possesses the practical ability and the legal authority, to enter into this
contract, receive and manage the funds authorized by this contract, and to perform the services Contractor
has obligated itself to perform under this contract.
B. The person signing this contract on behalf of Contractor hereby warrants that he/she has been authorized
by Contractor to execute this contract on behalf of Contractor and to bind Contractor to all terms herein set
forth.
C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal
authority of either Contractor or the person signing this contract to enter into this contract or to render
performances hereunder. 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 reasons enumerated in this Section 21.
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Contractor shall establish, maintain, and utilize internal systems and procedures sufficient to prevent,
detect, and correct incidents of waste, fraud, and abuse in the weatherization assistance program and to
provide for the proper and effective management of all program and fiscal activities funded by this
contract. Contractor's internal control systems and all transactions and other significant events are to be
clearly documented and the documentation shall be readily available for monitoring by Department.
PAGE 9 OF 12
B. Contractor shall give Department complete access to all of its records, employees, and agents for the
purpose of monitoring or investigating the weatherization program. Contractor shall fully cooperate with
Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. Contractor shall
immediately notify the Department of any identified instances of waste, fraud, or abuse.
C. Contractor may not discriminate against any employee or other person who reports a violation of the terms
of this contract or of any law or regulation to Department or to any appropriate law enforcement authority,
if the report is made in good faith.
SECTION 23. CONFLICT OF INTEREST/NEPOTISM
A. Contractor represents 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 with the performance of this contract
and that no person having such interest shall be employed by Contractor or appointed as a member of
Contractor's governing body.
B. Contractor shall establish safeguards to prohibit its employees from using their positions for a purpose that
is or gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties.
C. Contractor agrees that it will comply with TEX. REV. CIV. STAT. ANN. article 5996 by ensuring that no
officer, employee, or member of the governing body of Contractor shall vote for or confirm the
employment of any person related within the second degree by affinity or third degree by consanguinity to
any member of the governing body or to any officer or employee authorized to employ or supervise such
person. This prohibition shall not prohibit the continued employment of a person who has been
continuously employed for a period of two years prior to the election or appointment of the officer,
employee, or governing body member related to such person in the prohibited degree.
SECTION 24. POLITICAL ACTIVITY AND LOBBYING
A. No funds provided under this contract may be used to attempt to influence in any manner a member of
Congress to favor or oppose any legislation or appropriation by Congress, nor to lobby state or local
elected officials.
B. No federal appropriated funds may be paid, by or on behalf of Contractor, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
C. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, Contractor shall complete and submit a Certification
Regarding Lobbying form in accordance with its instructions.
PAGE 10 OF 12
SECTION 25. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground of race, color, religion, sex, national origin, age, handicap, political affiliation or
belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be
denied employment in the administration of or in connection with any program or activity funded in whole or in
part with funds made available under this contract.
SECTION 26. SPECIAL COMPLIANCE PROVISIONS
Contractor shall comply with the requirements of all applicable laws and regulations, including those specified
in 10 C.F.R. Sec. 600.436 (i).
SECTION 27. DEPARTMENT/DOE TRAINING TRAVEL
A. In consideration of Contractor's staff attending the training events sponsored by Department and/or DOE,
Contractor may be reimbursed for the actual costs of travel associated with attending the training event not
to exceed the amount shown in section 4(A)(2). Travel expenses shall be computed as follows:
Personal Car Mileage
$ .275 per mile
Meals (actual cost not to exceed)
$ *25.00 per diem
Lodging (actual cost not to exceed)
$ 55.00 per diem
Other Travel Expenses (actual cost not to exceed)
$ 10.00 per diem
Airfare
1 $ (lowest possible)
* Reimbursement for meals is allowed as follows: Breakfast up to $7.00, Lunch up to $8.00; Dinner up
to $10.00.
B. Upon completion of the travel Contractor shall submit to Department a Request for Payment in an amount
not to exceed Departmental liabilities accrued pursuant to Subsection 4(A)(2). The Request for Payment
shall be on a form specified by Department, and shall be accompanied by receipts for hotel
accommodations and transportation. Receipts for meals are not needed.
SECTION 28. MAINTENANCE OF EFFORT
Funds provided to Contract under this contract may not be substituted for funds or resources from any other
source nor in any way serve to reduce the funds or resources which would have been available to or provided
through Contractor had this contract never been executed.
SECTION 29. DEBARRED AND SUSPENDED PARTIES
Contractor must not make any award (subgrant or contract) to any party which is debarred or suspended or is
otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order
12549, "Debarment and Suspension."
PAGE 11 OF 12
SECTION 30. NO WAIVER
No right or remedy given to Department by this contract shall preclude the existence
of any other right or remedy, nor shall any action taken in the exercise of any
right or remedy be deemed a waiver of any other right or remedy. The failure of
Department to exercise any right or remedy on any occasion shall not constitute a
waiver of Department's right to exercise that or any other right or remedy at a
later time.
SECTION 31. PRIOR ORAL AND WRITTEN AGREEMENTS
All prior oral or written agreements between the parties hereto relating to the
subject matter of this contract have been reduced to writing and are contained
herein.
SECTION 32. SEVERABILITY
If any portion of this contract is held to be invalid by a court of competent
jurisdiction, the remainder of it shall remain valid and binding.
SIGNED this 10th _ day of
.Tune , 1993
CITY OF LUBBOCK, HOUSING AND
CtIRUTSM DEVELOPMENT DEPARTMENT
10
APPROVED AS TO CONTENT:
� �a V, al, D
- � �
any g ee, Mousing an
Community evelopment Administrator
APPROVED AS TO FORM:
--
Linda Chamales
Assistant City Attorney
TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS
Henry Flores, Executive Director
This contract is not effective unless signed by the Executive Director of the
Department or his authorized designee.
PAGE 12 OF 12
Disc #2