HomeMy WebLinkAboutResolution - 4662 - Contract - TDOHCA - Weatherization Plus Program - 11_10_1994Resolution No. 4662
November 10, 1994
Item #32
RESOLUTION
WHEREAS, the City of Lubbock has been offered a Contract from the Texas
Department of Housing and Community Affairs to administer a Weatherization Plus Program
to weatherize the homes of low to moderate 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 to moderate in come families to conserve energy and to reduce their 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 a Contract and all related documents with
the Texas Department of Housing and Community Affairs for the Weatherization Plus
Program in the anticipated amount of $80,135.00 for the period of September 1, 1994
through August 31, 1995. 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
ATTF4T-
Linda L. Chamales
Assistant City Attorney
1.1 C:dp\G:\ccdo=\Weat1up&Res
October 31, 1994
Resolution No. 4662
November 10, 1994
Item 132
RESOLUTION
WHEREAS, the City of Lubbock has been offered a Contract from the Texas
Department of Housing and Community Affairs to administer a Weatherization Plus Program
to weatherize the homes of low to moderate 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 to moderate in come families to conserve energy and to reduce their energy
costs; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCII.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 Texas Department of Housing and Community Affairs for the Weatherization Plus
Program in the anticipated amount of $80,135.00 for the period of September 1, 1994
through August 31, 1995. 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
A TTG cT
Linda L. Chamales
Assistant City Attorney
u.c:Va:�,wevdq4rts
October 31. 1994
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO.465048 FOR THE
OIL OVERCHARGE WEATHERIZATION ASSISTANCE PLUS 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 Communily
Development Department (hereinafter the "Contractor").
SECTION 2. CONTRACT PERIOD
The period for performance of this contract, unless earlier terminated, is September I,1994 through August 31,
1995 (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 Plus (WAP Plus) to assist in achieving a prescribed level of insulation in the dwellings of
low-income persons, particularly the elderly and handicapped. Contractor shall implement WAP PLUS 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 in 10 C.F.R.
Parts 440 (except that household income level must be greater than 125% of poverty level but not exceed 175%
of current poverty guidelines) and 600, any applicable Office of Management and Budget ("OMB") Circulars,
the Texas State Energy Conservation Office, General Services Commission State Plan, the Oil Overcharge
Restitutionary Act (TEX. GOV'T CODE ANN. Chapter 2305), 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 45 dwelling units during
the contract period. Costs per unit, including health and safety expenses up to $450/unit, shall not exceed
$1,800.
Contractor shall provide weatherization plus services according to the following production schedule:
First
Second
Third
Fourth
Quarter
Quarter
Quarter
Quarter
9/94 -11/94
12/94 - 2/95
3/95 - 5/95
6/95 - 8/95
Q Units
14 Units
15- Units
Z Units
If the Department determines that the Contractor is unable to meet the production schedule, the Department
reserves the right to deobligate funds for re -allocation.
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465048
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 Plus: Eighty Thousand One Hundred Thirty -Five
and no/100 Dollars ($80,135.00).
B. By written notice to Contractor, Department may obligate additional funds under Section 4(A) or
deobligate funds. For planning purposes only, Contractor may assume that the total award during the
Contract Period will be:
(1) Total Anticipated Weatherization Assistance Program Plus Funds: Eighty Thousand One
Hundred Thirty -Five and no/100 Dollars ($80,135.00).
Contractor may plan for allowable expenditures outlined below:
CATEGORIES
DEPARTMENT SHARE %
MATERIALS*
23,954 40
PROGRAM SUPPORT/LABOR
35,931 60
HEALTH AND SAFETY**
20,250
TOTAL
80,135
* Denotes minimum of 40% of costs for materials (excluding Health and Safety), program support and labor
shall be expended for materials.
** Denotes maximum aggregated units' total for allowable Health & Safety costs applied at $450 per WAP
Plus unit.
No funds from this contract may be expended for administration costs.
C. Department's obligations under this contract are contingent upon the actual receipt by Department of
adequate state 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 defined in 10
C.F.R. §440.22(b), (c), and (d).
(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 WAP funds, except as
provided for in 10 C.F.R.§440.18(e)(2);
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465049
(4) is not incurred during the Contract Period;
(`; is not reported to Department on a WAP Plus Progress Expenditure Report/Monthly Funding Report,
herein "WAPPER PLUS/MFR", within sixty (60) days of the termination of this contract;
(6) is subject to reimbursement by a source other than Department; or
(7) is made in vioiation 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 (1 S) 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 tq Department arising
under this or any other contract between the parties.
SECTION 5. METHOD OF PAYMENT / CASH BALANCES
A. Each month, Contractor may request reimbursement of WAP Plus funds under Subsection 4(A)(1) by
submitting to Department at its offices in Travis County, Texas a WAPPER PLUS/MFR and a State of
Texas Purchase Voucher.
B. Contractor's requests for reimbursement shall be for the amount expended for the performance of this
contract. 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. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible
recipients of the weatherization assistance plus 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).
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 with any term of this contract. Department shall notify Contractor in writing at least thirty (30)
days before the date of termination.
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94WAPLUS
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, abus.:, 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 in 10 C.F.R. §440.18, subject to
the limitations and exceptions set forth in this Section.
B. Allowable WAP Plus 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 (no vehicle or equipment may be purchased with funds from
this contract); (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 Plus funds awarded under Subsection 4(A)(1)
shall not exceed the cost of weatherization materials charged to WAP Plus funds.
(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.
D. To the maximum extent practicable, Contractor shall utilize funds provided herein for the purchase of
weatherization materials.
E. 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.
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94WAPLUS
SECTION 10. RECORD KEEPING REQUIREMENTS
A. Contractor shall comply .,ith the record keeping requirements set forth at 10 C.F.R. §440.24 and with
such additional record keeping requirements as specified by Department.
B. For each dwelling unit weatherized with funds received from WAP Plus under this contract, Contractor
shall maintain a file containing the following information:
(1) Completed Application for Weatherization Plus Services (Department form);
(2) Eligibility documentation (an income level which is greater than 125% of poverty guidelines but
does not exceed 175% of poverty guidelines -- 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 (b) (c), and (f).
(3) Building Weatherization Plus Report (Department form) to include certification of final inspection;
(4) Invoices of materials purchased and/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;
(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.
C. Materials standards documentation for weatherization materials purchased under this contract. These
standards must meet the requirements as per Appendix A of 10 CFR 440 and the Material Installation
Standards Manual.
E. Contractor shall give state funding agencies, the Comptroller General of the United States, and the
Department and U.S. DOE, access to and the right to reproduce all records pertaining to this contractor.
All such records shall be maintained for at lcast 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.
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94WAPLUS
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. GOV'T CODE ANN. Chapter 551.
SECTION 11. REPORTING REQUIREMENTS
A. Contractor shall submit a WAPPER PLUS/MFR for each month of the Contract Period. Such monthly
reports must be received by Department n4 jakr il= lk 2M do Qf lk following month.
Expenditure reports au d-u gyen if Contractor hm nQ new activity 1Q report.
B. Contractor shall submit to Department within forty-five (45) days following the date of termination of this
contract final expenditure reports utilizing the WAPPER PLUS/NffR. 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.
C. 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 Department or by the State Energy
Conservation Office.
D. 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
Plus 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 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 and WAP Plus 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 and WAP Plus 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.
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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 shall not purchase a vehicle or equipment with funds from this contract.
B. In keeping with the Governor's Executive Order AWR93-7 and HB 2626, authorizing legislation for the
State General Services Commission, Seventy -Third Texas Legislature, contractors under the (Alternative
Energy) are expected to make a good faith effort to encourage historically underutilized businesses
(HUBS) to bid on State Energy Conservation Office (SECO) projects and to report grant dollars
contractually awarded to HUBS.
A historically underutilized business may be defined as: (1) corporation formed for profit in which at least
51 % of the equity is owned by one or more women, Black, Hispanic, Asian Pacific, or Indian Americans;
(2) a sole proprietorship 100% owned, operated, and controlled by such person(s); (3) a partnership in
which such person(s) owns at least 51% of its assets and interest and has proportionate control of
partnership affairs; (4) a joint venture of HUBS; (5) a supplier contract between a HUB and a prime
contractor under which the HUB manufactures, distributes, or warehouses and ships the supplies.
The General Services Commission's State Energy Conservation Office (SECO) is required to track all
overcharge funds expended on HUB contractors. SECO will collect this information from contractors on
a form which will accompany the required quarterly reports. Contractor will provide such additional
information as required by Department.
The HUB coordinator for the SECO will assist in identifying prospective energy project bidders included
in the state -certified HUB directory. This information will be available to contractors upon request.
C. 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.
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94WAPLUS
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. No funds under this contract will be available to pay for an audit.
B. Contractor shall submit three (3) copies of the report of such audit to Department within the time limit
required by the "Audit Act". Audits performed under this Section are subject to review and resolution by
Department or its authorized representatives after the end of the audit period.
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 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. Contractor shall take a physical inventory of all WAP Plus materials and shall reconcile the results with its
property records at least once every 6 months. 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.
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. No funds under this contract are available to purchase the
insurance policy.
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94WAPLUS
C
SECTION 19. LITIGATION AND CLAIMS
Contractor shall give Department immediate written notice of any claim or _ction 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. Should such suspension or termination occur, contractor is liable to Department
for any money it has received for performance of the provisions of this contract.
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Contractor shall establish, maintain, and utilize internal control systems and procedures sufficient to
prevent, detect, and correct incidents of waste, fraud, and abuse in WAP Plus 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 documented and
the documentation made 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. Contractor shall
immediately notify the Department of any identified instances of waste, fraud, or abuse.
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94WAPLUS
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 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 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. To the extent applicable, 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.
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.
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.: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.
SIGNED this day of �'��� , 1994.
CITY OF LUBBOCK, HOUSING AND TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY AFFAIRS
David Langston, Mayor
BY: I�bKk4 f
He Flores, Executive Director
This contract is not effective unless signed by the Executive Director of the Department or his authorized
designee.
PAGE 11 OF 11
465048
SIGNED this
CITY O UBB�
B
avid R. Lan
loth day of November , 1994.
TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS
, Ma f 4 Henry Flores, Executive Director
This contract is not effective unless signed by the Executive Director of the
Department or his authorized designee.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
an A s Linda Chamales
Housing Re ab. Coordinator Assistant City Attorney
(signature page)