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HomeMy WebLinkAboutResolution - 2653 - Contract - TDCA - Weatherization Grant - 10_06_1987Resolution #2653 October 6, 1987 Agenda Item #23 BLL:js RESOLUTION WHEREAS, the City of Lubbock has been offered a contract 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 a contract and related documents with the Texas Depart- ment of Community Affairs in the amount of $10,844 for the period of Septem- ber 1, 1987 through August 31, 1988. A copy of said contract is attached hereto to 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 6th day of October 1987. �` eL B. C. McMIN , MAYOR ATTEST: Ranette Bolyd, City Secretary APPROV D AS TO CONTENT: u end ie, hector of Community Re t1ons APPROVED AS TO FORM: Benjamin . ftntorf, Assistant City Attorney Resolution #2653 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS PROGRAM CONTRACT NO. 818248 STATE OF TEXAS I COUNTY OF TRAVIS I SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and City of Lubbock, Community Services Department hereinafter referred to as ' ontrac or". The parties hereto have severs y and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described. SECTION 2. CONTRACT PERIOD The .period for performance of this contract shall commence September 1, 1987, and shall terminate August 31, 1988. SECTION 3. CONTRACTOR PERFORMANCE A. Contractor shall, in a satisfactory manner as determined by Department develop and implement a weatherization assistance program to assist in, achipving.a healthful dwelling environment 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. B. Contractor shall undertake a program of weatherization assistance for low-income persons, particularly elderly and handicapped low-income persons, in accordance with the provisions of Title IV of the Energy Conservation and -Production Act, as amended (42 USC 6861 et sue.), with the Human Services Reauthorization Act of 1984, P.L. 98-558, with the U.S. Department of Energy (DOE) regulations promulgated pursuant thereto and codified at 10 CFR 440 and DOE Financial Assistance rules codified at 10 CFR Part 600, with Office of Management and Budget (OMB) A-102. or OMB A-110 (whichever is applicable to Contractor's organization) with the terms- of this contract, and with the policies and procedures issued by DOE or Department. C. Contractor shall, on an equitable basis throughout the geographical area specified below; conduct weatherization activities pursuant to this contract in each of the following counties in Texas: Lubbock. Page 1 of 13 SECTION 4. DEPARTMENT fINANCIAL'OBCIGATIONS A. Measure of Liability In consideration of full and shall- be liable. to. Contractor by Contractorin. rendering limitations: satisfactory performance hereunder, bepartment in.an amount equal to the actual costs incurred such performance, subject to the following (1) Department shall not be _liable for expenditures made in violation of the provision of Title IV of the Energy _Conservation and Production Apt, as amended, of the Human Services Reauthorization Act of 1984, of DOE , regulations :set forth.. at 10 CFR 440, or of any.. other regulation- -'or issuance promulgated by.GOE or.Department. (2) Except as otherwise modified or superseded by this contract or specifically authorized by Department in writing, Department shall be liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in OMB Circular Nos. A-87 and. A-102, as supplemented by the final rules promulgated by the Office of the Governor at 7..Tex. Reg. 3172.(August 31, 1982,) under the Uniform Grant and Contract- Management Act .of_1981., Article 4413 (32g), V.T.C.S., provided that all references to. "local. government" shall be construed to mean Contractor,; 4n-: the, event that. . OMB ;..,Circular A-102 , and A-87, as supplemented by the final rules promulgated;.by the Office of the Governor, conflict- with. DOE regulations governing the cost principles and administrative requirements of the weatherization assistance program, UOE regulations shall control. (3) It ' is expressly understood and agreed by the parties hereto that Department's obligations, under, this Section 4 are contingent upon ,the actual receipt of adequate State and/or federal funds to meet Department's liabilities' under this contract. .If..adequate funds are not available to make payments under this. contract, Department shall notify. Contractor in writing within,.a reasonable time after such fact, is determined. Department shall terminate this contract and will not be liable for failure to make payments to Contractor under this contract. (4) Department, shall not be liable to Contractor for, any costs, incurred by Contractor or any performances-rendered,by Contractor 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 would be scheduled to be completed: or to install or otherwise provide weatherization materials for a dwelling unit weatherized previously with weatherization program funds, except for the limited:situati.ons as provided for. in 10 CFR.440.18(e)(2) (see 59 Fed. Reg. 713, Jan. 4, 1985). (5) Uepartment shall not be liable to Contractor for administrative costs incurred by Contractor which are in excess of the maximum limitation, as set forth in Section 8(C) of this contract. Page 2 of 13 (6) Department shall not be liable to Contractor for any costs incurred by Contractor which are not allowable expenditures, as set forth in Section 8 of this contract. (7) Department shall not be liable to Contractor for costs incurred or Performances rendered by Contractor before commencement of this contract or after termination of this contract except for the cost of the audit made pursuant to Section 14 of this contract. (8) Department shall not be .liable for any costs incurred by Contractor in the performance of this contract which' have not been reportedto the Department on -the Weatherization Assistance. Progress/Expenditure Report (WAPER), pages 7 and 2, within sixty (60) days following termination of this contract. (9) Nothwithstanding any other provision of this contract, it is expressly understood and agreed by the parties hereto, that Department may, at its sole option and in its sole, discretion, .offset any amounts ,withheld or otherwise.owin.g_to Contractor under this contract against any amount owing but unpaid by Contractor,.to'pepartmgnt, arising from this or any other contract between Uepartcngnt; and Contactor,-. B. Method of Payment (1) Advances. For each month of the period of perforjnance of .this contract, Contractor may request an advance payment by submitting to Department, no later than the twentieth-(20th) day of the month prior to the month for which advance payment is sought, a properly completed Request for Advance .Form 270 and a State of Texas Purchase Voucher for an amount not to exceed Contractor's actual 'cash needs for the month for which such advance is sought, provided however that Department shall not. make disoursement of any such advance payment until it has reviewed and approved such Request for Advance: (2) Notwithstanding Section 4(B)(1) of this contract, Department reserves the right to utilize a cost reimbursement method of payment under this contract if Department determines that Contractor has maintained cash balances in excess of need or if Department identifies any deficiency in the cash controls or financial management system maintained by Contractor. (3) Progress/Expenditure Report. No later than the tenth (10th) day following the end of each month of the period of performance of this contract, Contractor shall submit to Department 'a report detailing allowable expenditures incurred during the previous month. Such report shall be prepared utilizing the WAPER form, pages 1 and 2, together with such supporting documenta-tion as -Department may prescribe. (4) No later than sixty (60) days following the date of termination of this contract, Contractor shall submit a final TUCA WAPER. (5) If Contractor fails to submit to Department in a timely and Page 3 of 13 satisfactory manner any report required by this contract, or otherwise fails to satisfactorily render performances hereunder, Department may withhold payments otherwise due and owing Contractor hereunder. If Department withholds such payments, it shall notify Contractor of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. C. Minimal Cash Balance Contractor's requests for advances shall be limited to the minimum amounts, needed for effective operation of programs under this contract, and shall be timed as closely as possible to be in.accord with actual cashf requirements. Contractor shall establish procedures to minimize the time elapsing between the tranfer of funds from Department to Contractor and the disbursal of such funds. by Contractor. D. Limitation of Liability (1) Contractor understands and agrees that it shall refund to Department within fifteen (15) days after the refund is requested by Department any sum of money which has been paid to Contractor by Department which Department determines (1) has resulted in an overpayment to Contractor or (2) has not been spent strictly in accordance with the terms .of this contract. (2) Department by the execution of this contract acknowledges that Department has received an obligation from federal grantor agencies which, if paid, will ,be sufficientto pay costs properly incurred by Contractor for, performances rendered under this contract in the amounts specified below in this subsection (D)(2): Provisional Obligational kutliarity: Ten "Thousand"Eight Hundred Forty-four and No/100 Dollars ($10.844.00). Department shall not be liable to Contractor for costs incurred under this contract which exceed the amounts. -specified abovein this :subsection (0 12) except. as follows: Department, from time to time, may provide written notification to Contractor in the :form of either a'unilateral letter of notification or a bilaterally executed contract amendment which shall serve either to obligate additional funds under this contract or to deobligate funds previously obligated under this contract. Any determination `to obligate or deobligate funds shall be made by Department in its sole discretion based upon factors including, but not limited to, the status of funding under grants to Department from federal grantor agencies, the existence of questioned or disallowed costs incurred by Contractor, or the rate of utilization of funds by Contractor hereunder. Such notification(s), if any, will specify Department's maximum obligation to Contractor as of the effective date of such notification. Contractor shall not incur costs in the performance of program operations under this contract in excess of the amounts which Department has acknowledged, either Page 4 of 13 by this subsection (U)(2) or b E. Maximum Obligation y Subject to Section 4(b)(2), but notwithstanding any other provision of this contract, the aggregate of all Department liabilities under this contract shall not exceed: Ten Thousand Eight Hundred Forty-four and No/100 Dollars ($10,844.00) SECTION 5. LEGAL AUTHORITY A. Contractor assures and guarantees that it possesses the legal authority pursuant to an official motion, resolution or action passed or taken, giving Contractor legal authority to enter into this contract, receive the funds authorized by this contract, and perform the services Contractor has obligated itself to perform under this contract. B. The person signing this contraCt'"ori-behalf ofContractor hereby.warrants that he/she has been fully authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind the Contractor to all the terms, performances and provisions herein set forth. SECTION 6. COST PRINCIPLES Except as specifically modified or superseded by federal law or regulations, the terms of this contract, or the terms of Department Issuances subsequently promulgated hereunder, in rendering performances under this contract, Contractor shall comply with the cost principles set forth in Circular No. A-87, as supplemented by the final rules promulgated by the Office of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, TEX. REV. CIV. STAT. ANN. art. 4413(329), provided that all references to "local government" shall be construed to mean Contractor. SECTION 7. UNIFORM ADMINISTRATIVE REQUIREMENTS Except as specifically modified or superseded by federal law or regulations, the terms of this contract, or the terms of Department Issuances promulgated hereunder, in rendering performances under this contract, Contractor shall comply with the uniform administrative requirements set forth in Circular No. A-102, as supplemented by the final rules promulgated by the Office of Governor at 7 Tex. Reg. 3172 (August 31, 1 982) under the Uniform Grant and Contract Management Act of 1981, -TEX. REV. CIV. STAT. ANN. art. 4413(32g), provided that all references to "local government" shall be construed to mean Contractor. SECTION 8. ALLOWABLE EXPENDITURES A. The allowability of expenditures made and costs incurred for performances hereunder shall be determined in accordance with [DOE regulations published at 50 fed. Reg. 712 (January 4, 1985) and codified at 10 CFR 440.18, subject to the limitations set forth in this Section 8. Page 5 of 13 B. Allowable expenditures under this contract include: (1) the cost of purchase and delivery of weatherization:'materials as defined in 10 CFR 440.3 but not to Include:- storm doors. (2) labor costs, in accordance with 10 CFR 440.19. (3) transportation of weatherization materials, tools, equipment, and work crews.,to a storage site and to the site of weatherization work: (4) maintenance, operation, and insuranceof vehicles used to transport weatherization materials; (5) maintenance of tools and equipment; (6) purchase or annual lease. of tools, equipment, and vehicles, except that any purchase of vehicles shall be referred to.UOE for prior written approval in every instance. (7) employment of: on -site supervisory 'personnel; (8) storage of weatherization materials, tools, and equipment: (9') the cost of incidental repairs if such repairs are necessary to make the installation of weatherization materials effective, PROVIDED THAT: (1) An average of at least forty percent (40%) of the funds provided under this contract expended_ for weatherization materials, labor and related items included in paragraph B of this Section 8 shall be spent for weatherization materials. if incidental repairs are necessary to make the installation or preservation of weatherization; materials effective, the cost` 'of incidental repair :,mater.ials_ shall not exceed the . cost of weatherization:materials. (2) The expenditure of funds provided under this contract., for, weatherization materials, labor and related items included in paragraph-8 of this Section 8 shall not exceed Sixteen. Hundred Dollars ($1,600) per dwelling unit weatherized, except when a waiver is requested. Contractor may request a waiver of this limit on a unit -by -unit basis. The waiver must include photographic documentation of the condition of the dwelling, an itemized list with cost of materials to be applied to the unit, program support cost, and a labor cost. Approval of these waiver requests are conditional upon the Contractor maintaining an average of $1,600 or less per unit over the contract period and must be:'prior,to weatherization of 'unit. M' Contractor shall weatherize eligible dwelling units, in accordance with 10 CFR 440.22, using only weatherization materials which meet or exceed standards prescribed by DUE regulations. C. Administrative costs incurred by Contractor in carrying out performances under this contract shall be allowable up to a maximum of 5.26% of the total Department share of expenditures within the contract period established in Section 2. Allowable, administrative costs shall include costs associated with Contractor's administrative personnel, travel costs, audit fees, office space, and equipment'' and' supplies which are` necessary and reasonable for the administration of the weatherization assistance program. For purposes of this 'Section 8(C), allowable administrative costs shall specifically include the salaries, wages; and fringe 'benefits of Contractor's administrative staff personnel. D. The cost of liability insurance for the weatherization program for personal injury and for property damage, not to exceed Eight Hundred Dollars ($800) per Contractor, and the cost of carrying out low-cost/no-cost weatherization activities (Not to exceed $50.00) in accordance with 10 CFR 440.20 shall be allowable expenditures. Contractor may request a written waiver of the $800 limit on liability insurance. The waiver request must provide price quotes from at least two (2) insurance carriers. Page 6 of 13 E. To the maximum extent practicable, Contractor shall utilize funds provided hereunder for the purchase of weatherization materials. Contractor may, at its discretion, 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. F. 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 supervision of qualified supervisors. SECTION 9. RECORDKEEPING REOUIREMENTS A. Contractor shall comply with the recordkeeping requirements set forth in the DOE regulations codified at 10 CFR Section 440.24, and with such additional recordkeeping requirements as may be specified by Department. B. Contractor shall maintain a file for each home weatherized with funds received under this contract, which contains the following information: (1) completed Application for Weatherization Services (Department 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 the DOE regulations codified at 10 CFR Section 440.20; (3) Building Weatherization Report (Department form) to include certification of final inspection; (4) invoices of materials purchased or inventory removal sheets: (5) Homeowner/Authorized Agent Certification (Department form) if rental unit: (6) Self -Help Certification (Department form), if applicable: (7) Notice of Denial (Department form), if applicable; (8) Building Assessment form; (9) Attic Inspection form: and F (10) Justification for Omission of Priorities form, if applicable. C. Contractor shall give federal funding agencies, Department, or their designees access to and the right to reproduce all records pertaining to this contract. D. Contractor shall include the substance of this Section 9 in all subcontracts. 4 SECTION 10. REPORTING REOUIREMENTS A. Contractor shall utilize Form 270 and a State of Texas Purchase Voucher (Department forms) in requesting advances under this contract. Page 7 of 13 Requests for advances shall not be processed unless Contractor has made timely submission of expenditure reports as specified in Section 10(B). B. No later than the tenth (10th) day of the month following each month of the period of performance of this contract, Contractor shall furnish to Department an expenditure report for the previous month by submitting an original and three copies of the TDCA WAPER, pages l and 2. In addition, Contractor shall submit to Department within sixty (60) days following the date of termination of this contract an original and three copies of a final report, to be prepared utilizing the TDCA WAPER, pages 1 and 2. C. Contractor shall submit to Department no later than thirty (30) days after the date of termination of this contract an inventory of all materials and weatherization tools and equipment with a unit acquisition cost of $300 or more, and having a useful life of more than one year, purchased in whole or in part with funds received under the weatherization assistance program, which were on hand as of the date of termination of this contract. D. Contractor shall submit such other reports, data, and information on the operation and performance of this contract as may be required by DOE regulation pursuant to 10 CFR 440.25 or as may be required by Department. SECTION 11. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this contract which are required by changes in federal law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with federal law and regulations, and the assurances and certifications made by Department to federal funding agencies with regard to the operation of the weatherization assistance program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the. parties hereto that the performance under this contract may be amended in the following manner: Department, from time to time during the period of performance of this contract, shall issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the Director of Department or his designee in the form of Department Issuances,, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor as if written herein, provided however that such policy directives shall not alter the terms -of this contract so as to relieve Department of any obligation specified in Section 4 of this. contract to reimburse costs incurred by Contractor prior to the effective date of such policy directives. C. Except as specifically authorized by Department in writing or otherwise authorized by the terms of this contract, any alterations, additions, or. deletions to the terms of this contract shall be by amendment hereto in writing and executed,by both parties to this contract. Page 8 of 13 SECTION 12. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that Department is contracting with Contractor as an independent contractor, and that Contractor agrees to indemnify Department against all disallowed costs or other claims asserted in connection with the services to be performed by Contractor under this contract. SECTION 13. SUBCONTRACTS A. Contractor may 'subcontract for performances described in this contract only after utilizing procurement procedures set forth in Attachment 0 of the Uniform Administrative Requirements referenced in Section 7 of this contract. Written prior approval from Department shall be obtained before soliciting bids for labor and/or materials. Contractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s). B. Contractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this contract as if the, performances rendered were rendered by Contractor. Contractor shall develop written subcontracts with subcontractors. SECTION 14. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for the performance of a. financial and compliance audit of funds received under this contract, subject -'to the following conditions and limitations: (1) Contractor shall have an audit made in accordance with the Single Audit Act of 1984, P.L. 98-502 (herinafter referred to as` "Audit Act"), and OMB's Circular No. A-128, "Audit Requirements for: State and Local Governments", 49 Fed. Reg. 50134 (Dec. 26, 1984). (2) Nothing in this Section 14 exempts Contractor from maintaining records of assistance provided under this contract or from providing access to such records to a federal agency or Department, as provided for in this contract. (3) Where contracts are awarded for audit services, the contracts shall include a reference to the Audit Act and OMB Circular A-128. B. Unless otherwise specifically authorized by Department in writing, Contractor shall submit three 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. :14 are subject to review and resolution by Department or its authorized representative. Resolution of findings shall be made within six (6) months after receipt of the audit report by Department. C. Contractor understands and agrees that it shall take immediate appropriate corrective -action after issuance of the audit report in instances of material noncompliance with.laws, regulations or this contract, but shall, in any event, be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. 9of13 D. Contractor shall take such action to facilitate the performance' of such audit or audits conducted pursuant to this. Section 14 as Department may require of Contractor. SECTION 15. PROPERTY PROCUREMENT STANDARDS & PROPERTY MANAGEMENT A. Contractor shall develop. - and implement, procurement procedures which' conform with OMB Circular A-102, Attachment 0,'as supplemented by Seca 5.166 of the Mangement Standards. Contractor shall not procure supplies, equipment, or servicesexcept, in accordance with its ' own procurement procedures and Attachment O of OMB. Circular A-102, as supplemented by Sec. 5.166 of the Management Standards and in 'accordance with policy directives as specified by Department Issuance. B. Contractor shall develop procurement packets or Request for Bids on procuring materials or labor and submit to Department for approval. Contractor shall obtain.written, prior approval from Department before soliciting,bids for labor and/or materials. C. Contractor shall develop and implement a property management system which conforms with OMB Circular A-102, Attachment N, as supplemented by Sec. 5.165 of the Management Standards. Contractor shall not use, transfer, or dispose of any personal; property acquired in whole or in part with funds provided hereunder or 'whose cost was charged to this contract except, in' accordance with its own'property management system' and OMB Circular A-102 `Attachment N, and in accordance with policy directives as, specified by Department Issuance provided that all references, in. Attachment`N to "federal agency" shall be construed to mean Department, and all. references to "grantee" ,shall, be construed to mean Contractor. 0. Contractor shall establish standards to ensure adequate safeguards to prevent loss,, damage, or theft of property acquired hereunder and shall report to Uepartment.any loss, damage, or theft of nonexpendable. personal property with an acquisition cost. of $300 or more per unit: E. 'In addition to the inventory required under Section1O(C)' of this contract, Contractor shall take a physical inventory of property.and shall reconcile the results with the property records at least once every,year. Any differences between_ quantities determined by the physical inspection and those shown in the - property, records,.shall. be investigated to determine the causes of the difference. SECTION 16. INSURANCE REQUIREMENTS Contractor shall carry adequate liability: insurance coverage for personal injury and .for property damage for purposes of protection against the hazards arising out of or in connection with carrying out weather ization project activities under this contract. Page 10 of 13 i SECTION 17. LITIGATION ANO CLAIMS Contractor shall give Department immediate notice in writing of (1) any action, including any proceeding before an administrative agency, filed against Contractor arising out of the performance of any subcontract hereunder: and (2) any claim against Contractor, the cost and expense of which Contractor may be entitled to have reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. SECTION 18. TECHNICAL ASSISTANCE ANO MONITORING Department reserves the right for Department or its designee to conduct monitoring and evaluation of the performances rendered under this contract. Department will notify Contractor in writing of any deficiencies noted during such review, and may withhold payments as appropriate based upon such deficiencies. Department may provide technical assistance to Contractor in correcting the deficiencies noted. Department shall conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, the Department may terminate this contract or invoke other sanctions as Department 'determines to be appropriate. In rendering performances hereunder, Contractor shall comply with the requirements of applicable federal laws and regulations. In the event of a conflict between such laws and regulations and the terms and conditions of this contract, precedence shall be given to the laws and regulations. SECTION 19. PREVENTION OF FRAUb ANU ABUSE Contractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for the proper, effective management of all activities funded under this contract. SECTION 20. CONFLICT OF INTEREST A. Contractor covenants 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 in any manner, or degree with the performance of this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed by Contractor. B. No person (1) who is an employee, agent, consultant, officer, or official of Contractor and who exercises or has exercised any functions or responsibilities with respect to assisted weatherization activities or (2) who is in a position to participate in a decision making process or gain inside `information with regard to such activities, may obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure. C. Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. Page 11 of 13 SECTION 21. SECTARIAN INVOLVEMENT PROHIBITED Contractor shall ensure that no funds under this contract are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. SECTION 22. POLITICAL ACTIVITY ANf LOBBYING No funds provided under this contract may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with State legislators or local elected officials. SECTION 23. NON-DISCRIMINATION ANG 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 24. SPECIAL COMPLIANCE PROVISIONS A. Contractor shall comply with the provisions and requirements of the: Copeland "Anti -Kickback" Act, - Contract Work Hours and Safety Standards Act: - Fair Labor Standard's Act, where applicable; and - Workman's Compensation, where applicable. B. In addition, if this contract exceeds One Hundred Thousand Dollars ($100,000.00), Contractor shall comply with all applicable standards, orders or requirements issued under: - Section 306 of the Clean Air Act (42 USC 1857(h)): - Section 508 of the Clean Water Act (33 USC 1368) - Executive Order 11738; and - Environmental Protection Agency regulations (40 CFR Part 15). SECTION 25. EARLY TERMINATION Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered under this contract by notifying the other party hereto in writing thirty (30) days prior to such termination. Page 12 of 13 SECTION 26. ORAL AND WRITTEN AGREEMENTS All oral or written agreements between the parties hereto relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained herein. WITNESS OUR HANDS effective this 1st day of September, 1987. 4f. C r.. McMinn, mayor City of Lubbock Com nity Services Department ATTE , Ranette Boyd, City Secretary Approved and cepted on behalf of the Texas Department of Community Affairs, an agency of the State of Tex Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of Department or his authorized designee. Page 13 of 13 No Text e M TEXAS DEPARTMENT OF COMMUNITY AFFAIRS William P. Clements, Jr. Willie E. Scott Governor Executive Director MEMORANDUM TO: Ci y' f �Luock, Community Services Department FROM: Larry Crumpton, Acting Director Energy, Housing and Economic Assistance Division DATE: October 15, 1987 SUBJECT: 1988 Weatherization Program Contract Enclosed for your files is a fully executed copy of the Weatherization Assistance for Low -Income Persons Program contract between your agency and the Texas Department of Community Affairs. If you have any questions regarding this contract, please contact your program officer at (512) 834-6050. LC:gc enclosure - An Equal Opportunity Employer - 8317 Cross Park Drive (512)834-6000 Post Office Box 13166 Austin, TX 78754-6124 1-800-252-9642 Austin, TX 78711-3166