Loading...
HomeMy WebLinkAboutResolution - 2005-R0056 - Contract - TDHCA - SPS Weatherization Assistance Program - 02_10_2005Resolution No. 2005-R0056 February 10, 2005 " Iiem-No. 30 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 SPS Weatherization Assistance Program and all related documents. 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 10th day of February , 2005. Z' t " � i - �" TOM MARTIN, MAYOR PRO TEM ATTEST: Re ecca Garza, City Secret APPROVED AS TO CONTENT: APPROVED AS TO FORM: Amy S' ant ty ttorney gs/ccdocs/res-SPS Weatherization Assistance Prog Feb.2, 2005 Contract Number 405048 Amendment 0 LON 0 Routing No 97 8217 Contractor 000192 CITY OF LUBBOCK PO BOX 2000 LUBBOCK 79457 Begin Date 01/01/2005 End Date 12/31/2005 Purpose of Contract: BEGIN PY 2005: SOUTHWESTERN PUBLIC SERVICE COMPANY (SPS) ENERGY SAVERS RESIDENTIAL LOW-INCOME PROGRAM DESIGNED TO EMPLOY ENERGY EFFICIENCY MEA SURES TO COST EFFECTIVELY REDUCE THE ENERGY CONSUMPTION & COST OF SPS CUSTOMERS. Purpose of Amendment: BUDGET: Federal State Total sted? ENTER) Continue t Database: PRO 8:15 am .00 Max TDHCA Obl 26350.00 .00 ------------ .00 Local .00 Po 1) View Amend/LON 2) Download Amend/LON END) Exi Appl: AP1 01 User: MMC Feb loth, Keymap: DATA ENTRY Mode: Inq yc/iVrva 1u:15 rA-1 3124733935 TDHCA CAEA (21 074f076 Resolution No. 2005-R0056 SPS LOW-INCOME PROGRAM' ATTACHMENT A - CONTRACT PERIOD, SERVICE AREA AND BUDGET COMPONENT SUBRECiPTENT NAME2 CITY OF LUBBOCK CONTRACT NUMBER: 405048.' AIS.00ATION YEAR: 405 ALLOCATION PERIOD: 01/01/2005 - 12/31/200. CONTRACT PBRrOD The period for performance of this contract, unless earlier terminated, is amended to January 1, 2005 through December 31, 2005 thereinafter the "Contract Period")- SUBRECIPIENT PERFMU-MNCE Subrecipient shall provide weatherization program services sufficient to expend $11,666.00 during the allocation period. The following values shall be used to calculate savi0gs= SPS average retail residential kWh cost: 0.07 Real discount rate: 3.31k Fuel escalation rate: 0% All weatherization measures installed must have an EASY Audit SIR of 1 or greater. Failure to expend 100* of the SPS LIP funds may result in reduction of funds and me"ures or termination of this Contract and all other weatherization contracts. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of SubrecipientOs 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.D0 B. By written notice to Subrecipient, Department may deobligate or obligate additional funds from this budget component. Far planning purposes only, Subrecipient nay assume that the total award during the Contract Period will be: $26,350.00 BUDGET CATEGORY AMOUNT - weatherization $11,666.00 Administration $884.0D Refrigerators $7,575:00 ------------------------ ------ --------------- TOTAL $26,225.00 MEASURES CAT$GORY NUMBER OF UNIIS Compact £lourescent Light s /Waters avers 0 Refrigerators 15 TOTAL 15 42/10/05 10e16 FAI 5124759639 TDHCA CAEA 9 075/076 ErFECTTVE 01/01/2005 CITY OF LUBaOCK BY: 140T SIGNED on CITY OF LUBAOCK Executive Director TEXAS DEPARZMEDTI' QF HOUSZNG AND COM O)MITY AFFAIRS BY: NOT SIGNED on Edwina P. Carrington, Executivee Director This contract is not effective unless signed by the Executive Director of the Department or her authorized•designee. _.Q2/16/03 10:06 FAX 3124733933 TDHCA CAEA Q 062f076 Resolution No. 2005-R0056 TEXAS DEPARTMENT OF HOUSING AND CObOWNITY AFFAIRS CONTRACT NZAMER: 401046 FOR TnE SOUTSWESTERN PUBLIC SERVICE LOW-INCOME PROGRAM (SPS LIP) SECIxON 1. PARTIES IO CONMCT This contract is made by and between the Texas Department of Housing and Community Affairs, an agency of the State or Texas (hereinafter the "Department") and CITY OF LUBBOCK (hereinafter the "Subrecipient"). 3ECSTON 2. SUBRECIPIENT VE"ORMANCE Subrecipient shall, on an equitable basis throughout its combined SPS LIP Weatherization Assistance Program (WAP) serv�lca area, develop end implement a low-income Weatherization Assistance Program (WAY) to achieve a prescribed level of assistance for eligible low --income persons. Priority will be given to elderly, persons with disabilities, households with young children under 6 years of age in proportion to, the current demographics for age, income, and ethnicity for Subrecipient's service area. Priority Will also be given to households with a high energy burden and households with high energy consumption. Subrecipient shall implement the program in accordance with the SPS LIP training manual, the Texas WAP Installation Standards Manual, any policies and memorandutas issued by the Department, and the ta=Ls of this contract. SECTION 3. DEPARTMENT FINANCIAL OBLIGATIONS A. Department's obligations under this contract are contingent upon the actual receipt by Department of adequate SPS LIP in Weatherization funds. If sufficient funds are not available, Department shall notify Subrecipient 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 Subrecipient under this contract- B. Department is not liable for any cost incurred by Subrecipient which: (1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in 10 C.F.R. Sec.440.22 (there are no cattegerically eligible clients in the SPS Program) when SPS program funds are used to weatherize a multi -family building, at least 66* of the units in the building must be income eligible for assistance (SO& in the case of buildings with 4 or less). If at least 6ft (or 30t in the case of buildings with 4 or less) of the units It the building are income eligible, then SPS program funds may be used to weatherize all of the units in the building. Multi- family units Must have individual electric meters or be sub - metered; (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; .4,v/ vo Ly vo r4 s1;:4733850 TDHCA CAEA 9 063/076 (3) is not incurred, during the Contract Period; (4) is not reported to Department on an SPS LIP Progress Expenditure Report, within thirty (30) flays 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 and the household is not an SPS residential customer. C. Subrecipient shall refund, within fifteen (3S) days of DepartmQAt's request, any sum of money paid to Subrecipient 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 Subrecipient under this contract against any amount owed by Subrecipient to Department arising under this or any other contract between the parties. SECTION 4. METHOD OF PAYMENT / CASH BALANCES A. Each month, Subrecipient may request a reimbursement payment for funds expended under the budget categories specified ih the Attachment A by electronically submitting to Department at its offices in Travis Cdusity, Texas an SPS LIP Progress Expenditure/Monthly Funding Report copies of Building Weatherization Reports for each unit reported as weatherized with SPS funds and copies of Savings to Investment Ratio (SYR) page and cover page of each audit. a. Subrecipient's requests for funds shall be for the amount expended in the reporting month. In no event shall Subrecipient request an advance. Subrecipient sha21 establish procedures to minimize the time elapsing between the transfer of funds from Department and the disbursal of SVCh finds by Subrecipient. C. All funds paid to Subrecipient under this contract are paid in trust for the exclusive benefit of the eligible recipients of the SPS LIP in Weatherization and for the payment of allowable expenditures identified in Section 7 of this contract. SECTTOW S. COST PRINCIP193 AND UNIFORM ADMNISTRATIW REOUIRENSMTS kept as specifically modified by law or the terms of this contract, in performing this contract Subrecipient shall Comply with the cost principles and uniform administrative requirements set forth in the uniform. Grant and Contract Management Standards as applicable. SECTION 6. TERMINATION AND SUSPENSION A. Department may term1nate this contract, in whole or in part, at any time Department determines that there is cause for termination VG/1V/V* 1V:V1 rAI 3124753933 TDHCA CAEA Q 064/076 cause for termination includes but is not limited to Subreciplent'a failure to comply with any terra of this contract. Department shall notify Subrecipient 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 performance of this contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's performance. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate thi$ contract. C. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this contract. Notwithstanding the termination or suspension of this contract, Subrecipient shall not be relieved of any liability for damages due to Department by virtue of any breach of this contract by Subrecipient. Department may withhold arty payment otherwise due to Subrecipient until such time as the exact amount of damages owed to Department by Subrecipient is determined and paid- D. Subrecipient's failure to expend all contract funds may result in termination of this contract and all other Weatherization contrasts issued by the Department. SECTION 7. ALLOWABLE F_ INDITURES A. The allowability of Subrecipient's costs incurred in the performance of this contract shall be determined in accordance with the provisions of Section S of this contract and the regulations set forth in 10 C.F.R. Sec.440.18, subject to the limitations and exceptions set forth in this Section. B. Allowable SYS expenditures under Attachment A include the cost of labor, materials and program support. program Support cost for each unit may not exceed 154 of the SPS funds expended for labor plus materials_ Units cooled with evaporative coolers and not heated electrically may only receive qualifying weatherization envelope measures of attic, wall and/or floor insulation. C. Administrative costs shall be allowed up to'the amount specified in Attachment A. Subreaipient shall be reimbursed for administrative costs at a rate of S$ of the Subrecipient's total allowable expenditures. D. (1) SPS measures installed must meet the requirements of a Savings - to -Investment Ratio (SIR) of one or better as demonstrated by the EASY audit program; (2) SPS materials must meet or exceed the standards prescribed: by Department of Energy (DOE) in 10 C.F.R. Part 440, Appendix A and must be installed in compliance with the Materials Installation Standards Manual; (3) Related repairs, not including health and safety measures, kith a whole house SZR of one (1) or better may be paid for with SPS funds; (4) Only homes heated or cooled by electricity (including evaporative coolers) furnished by SPS will be eligible for approved SPS measures, but all dwelling units qualify regardless of heating source'or the presence of space cooling equipment. However, units cooled by evaporative coolers may receive certain envelope measures, which shall be limited to vsct,ivrva iv:vo rAA 3124753933 TDHCA CAEA 0 065/076 attic, Wall and floor insulation. E. Subrecipient shall offer and assist customer to install energy - efficient refrigerators. An existing operable refrigerator will be eligible for replacement with a new refrigerator if it is certified by Subrecipient as meeting SPS specifications as detailed in the sPs program Manual. rn all instances, the client rust own the existing operable refrigerator. There must be adequate space for the replacement refrigerator and the client must agree to have the old refrigerator removed. Subrecipient may not exceed its allocation of refrigerators. F. Subrecipient may demonstrate, offer and, when desired by customer, install low -flow showerheads and kitchen aerators for all participating customers, Low -flow showerheads and kitchen aerators shall be offered at no cost to all participants in 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 shall not attempt to install low -flow showerheads or kitchen aerators when the customers plumbing appears to bo defective or unsuitable for the measures. G_ Subrecipients may demonstrate, offer and, when desired by customer, install up to three (3) compact fluorescent lights (CFLs), if the bulbs are used for a minimum of 3 hours each day. H. Subrecipient shall provide appropriate energy education for all Participants. This shall include information about how to read an electric meter; how to understand information contained on an electric bill; what the savings %mpacts of CELs, low -floor showerheads, and energy-officient refrigerators are; and other general information concerning energy management. SECTION 8. RECORD REEPTY0 REQUIREMENTS A. Subrecipient shall maintain all financial and programmatic records and supporting documents, statistical records, and such other records as IDHCA deems necessary for an effective audit and performance evaluation. . t B. SPS program files Shall contain the following information. (1) EASY Audit information page, "Measures Ranked by SIR" page:, and "suggested Measures s Repairs* page; (a) Documentation cf results of metering for refrigerator replacement (if applicable); (3) A disk of each EASY Audit; (4) Copy of client's installer agreement; and. (5) Other forms as may be required via the issuance System_ C. Material standards documentation for weatherizition materials purchased under this contract must be maintained. These standards must meet the requirements specified in Appendix A of 10 C.F.R. Part 440 and the Material Installation Standards Manual_ f v,ciiviuo tu:va Y"AA 3124733935 t TDHCA CAEA 19J 066/076 D. Subrecipient shall give Department or its dejig`d6, and SPS access to and the right to reproduce all records pertaining to this Subrecipient. All such records shall be maintained for at least three years after final payment has been made under this contract and all other pending matters are closed. Subrecipient shall include the requirements of this. Subsection in all subcontracts. E_ All program records maintained by Subrecipient, except records made confidential by law, shall be available for inspection by the public during Subreeipient's normal business hours to the extent required by the Texas Public Information Act, Tex. Gov't Code Ann, Chapter 551. SECTION 9. REPORTTNG REQUIREi=S A. Subrecipient shell submit an SPS LIP Monthly Funding Report for each month of the Contract Period. Monthly reports must be received by Department no later than the 15th day of the following month. Expenditure and Programmatic reports are due even if Subrecipient has no new activity to report. Subrecipient shall submit copies of Building Weatherisation Report (SWR), EASY Audit Information page, "Measure Ranked by SIR" page, and *suggested measures and repairs" page. B. Subrecipient shall submit to Department within thirty (30) days following the date of termination of this contract a final SPS LIP Progress Expenditure Report detailing expenditures not already reimbursed by Department. The failure of Subrecipient 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 ZIP contracts to Subrecipient. C. Subrecipient shall submit other reports, data, and information regarding the performance of this contract, as may be required by SPS or by the Department. D. If Subrecipient 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 paym4mts otherwise due Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is received by Department. Tf 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 Subrecipient receives Weatherizatioa Program funds from Department over two or more contract periods, funds may be withheld or this contract suspended or terminated by Subrecipient'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 lase or regulation. Except as otherwise specifically provided herein, any other change in V.G/1VlV0 tu:Ua FAA 3124753933 _ TD$CA CAEA 1067/076 the terms of this contract shall be by amendmO& hereto in writing and executed by both parties to this Contract. Or by a Department issued Letter 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. rssuances shall not alter the terms of this contract so as to relieve Department of any obligation of reimbursement of an allowable cost incurred by Subrecipient prior to the effective date of the Issuance. All SPS LIP Policy issuances promulgated by Department, whether promulgated before or after the commencement date of this contract, shall govern the performance of this contract until specifically rescinded by Department. SECTION 22. INDEPENDENT CONTRACTOR It is agreed that Subrecipient is an independent contractor. To the extent allowed by law, Subrecipient 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 Subrecipient under this contract. SECTION 13. PROCUREMENT STANDARDS & SUBCONTRACTS A. Subrecipient shall develop and implement procurement procedures that conform to the uniform administrative requirements referenced in Section 5. Subrecipient shall not procure supplies, equipment, materials, or services except in accordance with its procurement procedures and Policy Issuance 402-10_1. All procurement contracts, other than "small purchases" as defined in Policy Issuance #02-10.1, shall be in writing and shall contain the provisions required by Policy Issuance #02-10'.1. S. Subrecipient shall ensure that its subcontractors comply with all applicable terms of this contract as if Subrecipient was rendering the performance rendered by the subcontractors. Subrecipient shall inspect all subcontractors' work and shall be responsible for ensuring that it is Completed in a good and workmanlike manner. Subrecipient shall make no payment to subcontractors until all work is complete and has passed final inspection. C. It 13 the sole responsibility of Subrecipient's authorized weatb.erization staff to perform every initial assessment, every EASY Audit, and every final inspection_ In an emergency situation, Subrecipient may request that the Department t ive this requirement. The Department will review each request separately to determine whether at waiver will be granted, the conditions for the waiver, and the maximum time allotted for the waiver. under no circumstances will a waiver be granted Eor longer than six months. Failure to strictly adhere to this policy will result in disallowed costs. SECTION 14. PROPERTY MANAGEMENT ugfturus IU:10 kAb 5124733935 iDHCA CAE, Q068f076 A. Subrecipient shall develop and implement a property management system which conforms with the uniform aditin"trativ'e requirements referenced in Section 5 of this contract. subrecipient shall not Use, transfer, or dispose of any property acquired in whole or in part with funds provided under this or a previous weather12ation assistance program, Contract except in accordance with its own property management system and Department Policy issuances. B. Subrecipient shall elta)blish adequate safeguards to prevent lose, 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 (S500.00) or more. SECTION 15. INSVRANCE REQUIREMENTS Subreacipient shall maintain adequate personal injury and property damage liability insurance. If Subrecipient is a unit of local governrwat, and has sufficient assets or reserves to "self -insure" against the hazards which Could arise in Connection with the performance of this contract,the unit of goverwent may "self -insure." Even a unit of local government which has sufficient reserves to cover reasonably anticipated liabilities may elect to carry such insurance for its own benefit and/or to ensure the viability of the Weatherization Assistance Program. If Subrecipient is npt in a position to "self -insure," Subrecipient shall provide Department with certificates of insurance evidencing Subrecipient's current and Affective insurance coverage_ Subrecipient agrees to'notify the Department immediately upon receipt or, notification of the termination, cancellation, expirar ion, or modification of any insnrance coverage or policy endorsements. Subrecipient agrees to suspend the.performance of all work performed under this contract until Subrecipient satisfies the coverage requirements, and has delivered to Department certificates of insurance evidencing that such coverage and policy endorsements are current and effective. SECTION 16. LITIGATION AND CLAIMS Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative agency against Subrecipient and arising out of the performaance of this contractt or any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to Such action or claim. SECTION 17. TECHNICAL ASSISTANCE AND MONTTORING Department or its designee may conduct periodic desk and on -site monitoring to evaluate the efficiency, economy; and effectiveness of subrecipient's performance of this contract. Department ulll advise Subrecipient in writing of any deficiencies noted during such monitoring. Department may provide technical assistance to Subrecipient and may require changes in Subreeipient's accounting, personnel, procurement, and management procedures'in order to correct any deficiencies noted. Subrecipient ntay be required by Department to return to -dwelling units to correct identified problems. Department u4t.Lurva 1u:11 FA3 5124T53938 _ TDHCA CAEA Qoe9/on may further review and assess the efforts Subrecipient 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 Subrecipient's performance, or if Subreciptent fails to correct any deficiency within a reasonable period of time. SECTION 28. LEGAL AUTHORITY A. Subrecipient represents that it possesses the practical ability and the legal authority to enter into this contract, to receive and manage the funde authorized by this contract,,' and perform the services Subrecipient has obligated itself to perform under this contract. B. the person signing this contract on behalf of Subrecipient hereby Warrants that he/she has been authorized by Subrecipient to execute this contract on behalf of Subrecipient and to bind Subrecipient 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 Subrecipient or the person signing this contract to enter into this contract or to render performance hereunder.. Should such suspension or termination occur, Subrecipient 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. Subrecipient 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. Subrecipient'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. Subrecipient shall give Department or its designee complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the SPS LIP. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse_ Subrecipient shall immediately notify the Department of any identified instances of waste, fraud, or abuse. C_ Subrecipient nay 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 LNTEREST/NEPOTISM A. Subrecipient 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 iv -id rAb 3i?. 733933 TDHCA CAEA Q 070/076 performance of this contract and that no person having such interest shall be employed by Subrecipient oriappointed as a member of Sul�trecipientIa governing body. B. Subrecipient shall establish safeguards t0 prevent 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 gamily, business or other ties- C. Subrecipient lit3too$ that it will comply with ;Tex. Gov't Code Ann. Chapter 573 by ensuring that no officer, empipyee, or member of the governing body of Subrecipient shall vote for or confirm the employment of any person related within the second degree of 'affinity or third degree of consanguinity totany member of the governing body or to any officer or employeejauthorized 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 elect.�oa or appointment of the officer, employee,. Or governing body member related to such person in the prohibited degree. SECTION 22. POLITICAL ACTIVITY AND LOBBYING 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 except foe advocacy on issues affecting energy assistance programs for low-income clients. SECTION 22. SECTARIAN ACTIVITY No funds received by Subrecipient under this contract may be used, either directly or indirectly, to support any religious or anti - religious activity. r SECTION 23. NON-DISCRIMINATION AND EQUAL, OPPORTUNITY No person shall, on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, be excluded from participation in, be denied the benefits of; be subj®eted 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 Subrecipient shall comply with the requirements of all applicable laws and regulations, including those specified in 10'PC.F.R. Part 600 Appendix A - Generally Applicable Requirements. SECTION 25. MAINTENANCE OF EFFORT Funds provided to Subrecipient under this contract may not be substituted for funds of resources from any other source nor in any way Vz/.LUFU* 1U:14 t''Al 3124T3333 TDHCA Q 071/076 serve to reduce the funds or resources which to or provided through Subrecipient had this executed. SECTION 26. DEBARRED AND SUSPENDED PARTIES Subrecipient must not make any award (subgrant o3 party which is debarred or suspended or is others ineligible for participation in Federal assistan( Executive Order 12549, "Debarment and Suspension SECTION 27. NO WAIVER Iwo right or remedy given to Department by this ci the existence of any other right or remedy, nor in the exercise of any right or remedy be deemed right or remedy. The failure of Department to e; remedy on any occasion shall not constitute a wa; right to exercise that or any other right or rem{ SECTION 28. PRIOR ORAL AND WRITTEN AGREEMENTS All prior oral or written agreements between the relating to the subject matter of this contract writing and axe contained herein. SECTION 29. SEVERABILITX Tf any portion of this contract is held to be competent jurisdiction, the remainder of it s have been available never been contract) to any ise excluded from or e programs under n ntract shall preclude hall any action taken a waiver of any other *rcise any right or ver of Department's dy at aL later time, parties hereto been reduced to lid by a court of ret►aijm valid and 02/16/05 10,13 FAX 6124753933 TDHCA CAEA binang- Q 072/076 YL/1LA V7 1V:to rAA, OIZ4753935 TDHCA Q O73/076 Approval Signature MMC NOT SIGNED Mark McDougal Mayor Date Signed