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HomeMy WebLinkAboutResolution - 5478 - Contract - SPCAA - LICEA Program - 05_08_1997RESOLUTION NO.5478 Item 122 May 8, 1997 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract and all related documents with the South Plains Community Action Association for Low Income Comprehensive Energy Assistance Program in the anticipated amount of Forty Thousand and No/100 dollars ($40,000.00) for the period of May 8, 1997 through September 1, 1997. Said Contract is 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 8th day of Hay , 1997. ATTEST: 16aL40-1�� Ka Darnell, City Secretary APPROVED AS TO CONTENT: o�. - 0 64'e Doug Goo , Managing Director Health & CMmunity Services APPROVED AS TO FORM: 44� William de Haas, Assistant City Attorney RESOLUTION NO.5478 Item #22 May 8, 1997 SOUTH PLAINS COMMUNITY ACTION ASSOCIATION CONTRACT FOR THE LOW INCOME COMPREHENSIVE ENERGY ASSISTANCE PROGRAM SECTION 1. PARTIES TO THE CONTRACT This agreement is made between the South Plains Community Action Association, referred to.herein as SPCAA, and the City of Lubbock, referred herein as Contractor. SECTION 2. CONTRACT PERIOD The period of this contract, unless earlier terminated, is May 8, 1997 through September 1, 1997, hereinafter the Contract Period. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall, on an equitable basis throughout Lubbock County and the City of Lubbock, develop and implement a Low Income Comprehensive Energy Assistance Program (CEAP). Contractor shall implement CEAP in accordance with the provisions of Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended in (42 U.S.C. 6861 et seq), the U.S. Department of Energy (DOE) regulations codified in 10 C.F.R. Parts 440 and 600, any applicable Office of Management and Budget (OMB) Circulars, and the terms of this Contract. Contractor's service area consists of Lubbock County, Texas. SECTION 4 SPCAA FINANCIAL OBLIGATIONS A. In consideration of Contractor's satisfactory performance of this contract, SPCAA shall reimburse Contractor for the actual allowable costs incurred by Contractor. B. SPCAA's obligations under this contract are contingent upon the actual receipt by SPCAA of adequate state and federal funds. If sufficient funds are not available, SPCAA shall notify Contractor in writing within a reasonable time after such fact is determined. SPCAA shall terminate this Contract and will not be liable for the failure to make any payment to Contractor under this contract. C. SPCAA is not liable for any costs incurred by Contractor which: (1) are incurred to service a dwelling unit that is not an eligible dwelling unit as defined in 10 C.F.R. Sec. 440.22; (2) are incurred to service a dwelling unit that is designated for acquisition or clearance by Page 1 of 8 CEAP Agreement between SPCAA and City of Lubbock a federal, state, or local program within twelve months from the date the servicing of the dwelling unit is scheduled to be completed; (3) are incurred to service a dwelling unit previously serviced with CEAP funds; or (4) are made in violation of any provision of this contract or any provision of federal or state law or regulation, including, but is not limited to, those enumerated in this contract. D. Contractor shall refund, within fifteen (15) days of SPCAA's request, any sum of money paid to Contractor which SPCAA determines has resulted in an overpayment or has not been spent in accordance with the terms of this contract. SECTION 5. METHOD OF PAYMENT A. SPCAA shall reimburse Contractor for all completed work approved by the SPCAA contact person. B. SPCAA shall forward payments to the City Secretary's Office payable to the City of Lubbock Community Development / Housing Department for reimbursement to the proper account for which CEAP funds were leveraged. C. Contractor shall have until September 1, 1997, to complete all work and have funds expended. D. All funds paid to Contractor under this Contract are paid in trust for the exclusive benefit of the eligible recipients of the CEAP and for the payment of allowable expenditures identified in Section 9 of this contract. 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 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 A- 110 (non -profits) or the Common Rule, 10 C.F.R. Sec. 600.400 et seq. (units of local government). SECTION 8. TERMINATION AND SUSPENSION A. SPCAA may terminate this contract, in whole or in part, at any time SPCAA determines there is cause for termination. Cause for termination includes but is not limited to Contractor's failure to Page 2 of 8 CEAP Agreement between SPCAA and City of Lubbock comply with any terms of this contract. SPCAA shall notify Contractor in writing at least thirty days before the date of termination. B. Nothing in this Section shall be construed to limit SPCAA's authority to withhold payment and immediately suspend Contractor's performance of this contract if SPCAA identifies 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 SPCAA to terminate the contract. SECTION 9. ALLOWABLE EXPENDITURES A. Allowable costs incurred by Contractor in the performance of this contract shall be determined in accordance with the provisions of Section 5 of this contract and the regulations set forth in 10 C.F.R. 440.18, subject to the limitations and exceptions set forth in this Section of the Contract. B. SPCAA agrees to reimburse Contractor up to $1000.00 per eligible dwelling unit for CEAP activities C. Contractor shall perform tasks and services on eligible dwelling units using only materials which meet or exceed the standards proscribed by DOE in 10 C.F.R. Part 440, Appendix A. D. Contractor shall to the maximum extent practicable shall secure the services of volunteers, training participants, and public service employment workers assisted pursuant to the Job Training Partnership Act, to perform the CEAP activities under the direction of qualified supervisors. SECTION 10. RECORD KEEPING REQUIREMENTS A. Contractor shall comply with the record keeping requirements set forth in 10 C.F.R. Sec. 440.24 and with such additional record keeping requirements as specified by SPCAA. B. All CEAP 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 GOV'T CODE ANN. Chapter 551. SECTION 11. REPORTING REQUIREMENTS Contractor shall submit reports, data, and information on the performance of this Contract as may be required by DOE pursuant to 10 C.F.R. Sec. 440.25 SECTION 12. CHANGES AND AMENDMENTS Any changes in the terms of this Contract that 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 Page 3 of 8 CEAP Agreement between SPCAA and City of Lubbock 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. SPCAA ISSUANCES SPCAA may issue directives which serve to interpret or clarify the terms of this contract. However, Issuances shall not alter the terms of this Contract so as to relieve SPCAA of any obligation of reimbursement of an allowable cost incurred by the Contractor prior to receipt of the issuance. SECTION 14. INDEPENDENT CONTRACTOR It is agreed that Contractor is an independent Contractor. To the extent allowed by law, Contractor agrees to hold SPCAA harmless and indemnify it against any disallowed costs or other claims asserted by any person in connection with the services to be performed under this contract. SECTION 15. PROCUREMENT STANDARDS AND SUBCONTRACTS A. Contractor shall develop and implement procurement procedures which conform with the uniform administrative requirements referenced in Section 7. B. Contractor shall ensure that its subcontractors comply with all applicable terms of this Contract. Also, Contractor shall inspect all subcontractor's 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. Contractor shall take any reasonable action required by SPCAA to facilitate the performance of audit(s) conducted pursuant to this Section. B. Audits performed under this Section are subject to review by SPCAA 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 to the extent allowed by law hold SPCAA harmless and indemnify it for any costs disallowed pursuant to the audit(s) of funds received under this contract. SECTION 17. PROPERTY MANAGEMENT A. Contractor shall develop and implement a property management system that conforms with the uniform administrative requirements referenced in Section 7. Page 4 of 8 CEAP Agreement between SPCAA and City of Lubbock B. Contractor shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder. SECTION 18. INSURANCE REQUIREMENTS Contractor shall maintain adequate personal injury and property damage liability insurance 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 SPCAA immediate written notice of any claim or action filed with a court or administrative agency against Contractor arising out of the performance of this contract or any subcontract. SECTION 20. TECHNICAL ASSISTANCE AND MONITORING SPCAA or its designee may conduct periodic on -site monitoring and evaluation of the efficiency, economy, and effectiveness of Contractor's performance of this contract. SPCAA will advise Contractor in writing of any deficiencies noted during such monitoring. Contractor may be required to return to dwelling units to correct identified problems. SPCAA may conduct follow-up visits to review and assess the efforts Contractor has made to correct previously noted deficiencies. SPCAA may withhold funds 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 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 she has been authorized by Contractor to execute this contract and to bind Contractor to all the terms herein set forth. C. SPCAA 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. SECTION 22. PREVENTION OF FRAUD AND ABUSE A. Contractor shall maintain and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in CEAP 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 must be clearly Page 5 of 8 CEAP Agreement between SPCAA and City of Lubbock documented and the documentation made readily available to SPCAA. B. Contractor shall fully cooperate with SPCAA's efforts to detect, investigate, and prevent waste, fraud, and abuse. Contractor shall immediately notify SPCAA 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 SPCAA or to y appropriate law enforcement authority, if the report is made in good faith. SECTION 23. CONFLICT OF INTEREST A. Contractor represents that neither it nor any member of its governing body presently has any interest or shall acquire any interest in, directly or indirectly, which would conflict with the performance of this contract and that no person having such interest shall be employed by Contractor. 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. GOV'T CODE ANN. Chapter 573 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. Page 6 of 8 CEAP Agreement between SPCAA and City of Lubbock C. If any funds other than federally 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 Contractor 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 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 SPCAA 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 SPCAA to exercise any right or remedy on any occasion shall not constitute a waiver of SPCAA'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. Page 7 of 8 CEAP Agreement between SPCAA and City of Lubbock 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. SIGNED this s_ day of May 1997. CITY OF LUBBOCK wr+� ATTEST: Ka arnel City cretary SOUTH PLAINS COMMUNITY ACTION ASSOCIATION BY: SPCAA Ex utiv irect Contract is not effective unless signed by the Executive Director of SPCAA or his authorized designee. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Doug Go , Managing Director William de Haas Health & Nmmunity Services Assistant City Attorney Page 8 of 8 CEAP Agreement between SPCAA and City of Lubbock