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HomeMy WebLinkAboutResolution - 2006-R0054 - Contract Agreement - Texas Department Of Housing And Community Affairs - 01/31/2006Resolution No. 2006-10054 January 31, 2006 Item No. 1.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, by and between the City of Lubbock and Texas Department of Housing and Community Affairs for the Southwestern Public Service Company's Low -Income Weatherization Assistance Program, and all related documents. Said contract is incorporated in this resolution and is available for review in the City Secretary's office, as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 31 st day of J ATTEST: D, a_. _e- _4_- . 4= Reb cca Garza, City Secret APPROVED AS TO CONTENT: ­:R � Q a , , Q��e Bill Howerton, Jr., Community Dev ment Director APPROVED AS gs/ccdocs/CD-Res-SPS Weatherization Assist Prog.06 January 26, 2006 CONTRACT NO. SPS LOW-INCOME PROGRAM 67 3 5 ATTACHMENT A - CONTRACT PERIOD, SERVICE AREA AND BUDGET COMPONENT SUBRECIPIENT NAME: CITY OF LUBBOCK CONTRACT NUMBER: 406048 ALLOCATION YEAR: 406 ALLOCATION PERIOD: - CONTRACT PERIOD The period for performance of this contract, unless earlier terminated, is amended to January 1, 2006 through December 31, 2006 (hereinafter the "Contract Period"). SUBRECIPIENT PERFORMANCE Subrecipient shall provide weatherization program services sufficient to expend $17,666.00 during the allocation period. The following values shall be used to calculate savings: SPS average retail residential kWh cost: 0.07 Real discount rate: 3.3% Fuel escalation rate: '0% All weatherization measures installed must have an EASY Audit SIR of 1 or greater. Failure to expend 100t of the SPS LIP funds may result in reduction of funds and measures or termination of this contract and all other weatherization contracts. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subrecipient's satisfactory performance of this contract, Department shall reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the amount of: (1) Funds for SPS LIP: $26,350.00 B. By written notice to Subrecipient, Department may deobligate or obligate additional funds from this budget component. For planning purposes only, Subrecipient may assume that the total award during the Contract Period will be: $26,350.00 BUDGET CATEGORY AMOUNT weatherization $17,666.00 Administration $884.00 Refrigerators $7,575.00 ----------------------------------- ---------------- TOTAL $26, 125.00 MEASURES CATEGORY NUMBER OF UNITS -------------------------------------- --------------- Compact Flourescent Lights/Watersavers 0 Refrigerators 0 -------------------------------------- --------------- TOTAL 0 EFFECTIVE 01/01/2006 CITY OF LUBBOCK BY: NOT SIGNED on CITY OF LUBBOCK Executive Director TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BY: NOT SIGNED on Edwina P. Carrington, Executive Director This contract is not effective unless signed by the Executive Director of the Department or her authorized designee. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 406048 FOR THE SOUTHWESTERN PUBLIC SERVICE LOW-INCOME PROGRAM IN WEATHERIZATION 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 (hereinafter the "Contractor"). SECTION 2. DEPARTMENT FINANCIAL OBLIGATIONS A. Department's obligations under this contract are contingent upon the actual receipt by Department_of adequate Southwestern Public Service (SPS) Low -Income Program (LIP) in Weatherization 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. B. 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; (there are no categorically eligible clients in the SPS LIP in Weatherization) (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 not incurred during the Contract Period; (4) is not reported to Department on a SPS LIP Progress Expenditure Report, within sixty (60) days of the termination of this contract; (5) is subject to reimbursement by a source other than Department; (6) 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; or (7) is incurred on a unit that is outside the SPS service area. C. 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 3. METHOD OF PAYMENT / CASH BALANCES A. Each month, Contractor may request a reimbursement payment for funds expended under the budget categories of the Attachment A by submitting to Department at its offices in Travis County, Texas a SPS LIP Progress Expenditure Report and a TDHCA approved invoice for services. B. Contractor's requests for funds shall be for the amount expended and accrued in the reporting month. In no event shall Contractor request an advance. 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 SPS LIP in Weatherizaton and for the payment of the allowable expenditures identified in Section 7. SECTION 4. 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 5. 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 6. 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. 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 7. 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 weatherization expenditures under Attachment A includes the cost of labor, materials and program support. No costs associated with Contractor's administrative personnel, travel (out of service area), office space, equipment, and supplies are allowable. Program Support cost may not exceed 151 of the total SPS funds expended on any one unit. PROVIDED THAT: (1) Weatherization measures installed meet the requirements of a Savings to Investment Ratio of 1 or better as demonstrated by the SPS EASY audit program; (2) Weatherization materials which meet or exceed the standards prescribed by DOE in 10 C.F.R. Part 440, Appendix A are installed in compliance with the Materials Installation Standards Manual. (3) Only those homes that are heated and/or cooled by electricity furnished by SPS will be eligible for DOE Approved Weatherization measures. C. Contractor shall demonstrate, offer and, when desired by customer(s), install low flow showerheads for all participating customers. Low flow showerheads will be offered free to all participants in this Program who have electric water heaters. The new showerhead will be demonstrated by the installer and the existing showerhead will be left with the customer. Installers will not attempt to install low flow showerheads when the customers plumbing appears to be defective or unsuitable for the measures. D. Contractors shall demonstrate, offer and, when desired by customer(s), install compact fluorescent lights (CFLs). E. Contractor shall provide appropriate energy education for all participants. This will include information about how to read an electric meter, understand information contained on an electric bill, understand the savings impacts of CFLs, and low flow showerheads and other general information concerning energy management. 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 direction of qualified supervisors. SECTION 8. 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 specified by Department. B. For each dwelling unit weatherized with funds received under this contract, Contractor shall maintain a file containing 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 10 C.F.R. 440.22; (3) Building Weatherization Report (Department form) to include certification of final inspection; (4) invoices of materials purchased and/or inventory removal sheets; (5) invoices of labor; (6) Notice of Denial (Department form) if applicable; (7) SPS EASY audit "Measures Ranked by SIR" form; (8) Other forms as may be required via the Issuance System. C. Materials standards documentation for weatherization materials purchased under this contract must be maintained. These standards must meet the requirements as per Appendix A of 10 CFR 440 and the Material Installation Standards Manual. E. Contractor shall give Department and SPS 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 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 9. REPORTING REQUIREMENTS A. Contractor shall submit a SPS LIP Progress Expenditure Report for each month of the Contract Period. Such monthly reports must be received by Department no later than the 20th day of the following month. Expenditure reports are due even if Contractor has no new activity to report. B. Contractor shall submit to Department within sixty (60) days following the date of termination of this contract final expenditure reports utilizing the SPS LIP Progress Expenditure Report. 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 SPS LIP contracts to Contractor. C. Contractor shall submit such other reports, data, and information on the performance of this contract as may be required by SPS, or by Department. 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 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 10. CHANGES AND AMENDMENTS Any change in the terms of this contract as 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 or by a Department issued Letter(s) of Notification. SECTION 11. 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 SPS LIP 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 SPS LIP 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 12. 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 13. PROCUREMENT STANDARDS & SUBCONTRACTS A. Contractor shall develop and implement procurement procedures which conform with the uniform administrative requirements referenced in Section 5. 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. 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 14. PROPERTY MANAGEMENT A. Contractor shall develop and implement a property management system which conforms with the uniform administrative requirements referenced in Section 5. 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. Contractor shall not purchase any equipment with funds from this contract. SECTION 15. 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 16. 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 17. 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, 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 18. 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 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 19. 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 the SPS LIP 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 SPS LIP. 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 20. 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, 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. 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 of affinity or third degree of 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 21. 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. SECTION 22. 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 23. 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 W . SECTION 24. MAINTENANCE OF EFFORT G 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 25. 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 26. 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 27. 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 28. 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. Signatures: CITY OF LUBBOCK ..NOT.SIGNED.......... - Executive Director TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ..NOT.SIGNED.......... - Executive Director This contract is not effective unless signed by the Executive Director of the Department or his authorized designee.