HomeMy WebLinkAboutResolution - 2005-R0147 - Contract - Henry Tarango - Energy Efficiency Assessment - 04_14_2005Resolution No. 2005-1414'
April 14, 2065
Item 36
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 for energy
efficiency assessment, by and between the City of Lubbock and Henry Tarango of
Lubbock, Texas, and 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 14th day of April , 2005.
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Attorney
gs/ccdocs/res-Contract-Henry Tarango.res
Apri14, 2005
CONTRACT NO.
5865� r--
Resolution No. 2005-RO147
Assessments of Heating/Cooling & Appliances
WEATHERIZATION ASSISTANCE PROGRAM (WAP)
Home Energy Audits
STATE OF TEXAS
COUNTY OF LUBBOCK §
This Contract entered into this 14th day of April 2005, by and between the CITY OF
LUBBOCK (herein called "City") and HENRY TARANGO (herein called "Contractor").
I. WHEREAS, the City is obligated to do and perform certain services in its administration of
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP), the WEATHERIZATION
ASSISTANCE PROGRAM (WAP) and
WHEREAS, the services provided by the Contractor benefit citizens of the County of
Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared programs of the
CEAP and WAP to be a public purpose and the provision of these services to be a predominate
purpose of this transaction; and
WHEREAS, the Contractor and the services it provides have been found to meet the criteria
for funding under the RFQ; and
WHEREAS, the accomplishment of the above public purpose is the predominant purpose
of this transaction, continuing supervision by the City and State together with statutory and
contractual requirements provide sufficient assurance that this public purpose will be
accomplished and an audit provides sufficient protection of the handling of public money; and
WHEREAS, the City Council had found that the Contractor has the special expertise,
knowledge and experience necessary for the performance of the contract and that the City will
receive adequate consideration in the form of substantial public benefit; and
WHEREAS, the City desires to contract with the Contractor to make available operating
assistance for the CEAP Program and Weatherization Program.
NOW, THEREFORE, it is agreed between the parties hereto that:
II. SCOPE OF SERVICE
A. General Overview of Program:
1. Contractor will use the CEAP and WAP funds awarded to make assessments of
Heating/Cooling and Appliances and conduct home energy audits in eligible
households referred by City of Lubbock Community Development Department.
B. City Responsibilities:
City agrees to provide Contractor assistance from Comprehensive Energy
Assistance Program and Weatherization Assistance Program funds in return for
Contractor performing the activities set forth in this Contract as consideration for
said funds.
It is expressly understood and agreed by the parties hereto that City's
responsibilities are contingent upon the actual receipt of adequate funds to meet
City's liabilities under this contract. If adequate funds are not available to
make payment under this contract, City shall notify Contractor in writing
within a reasonable time after such fact is determined. City shall terminate this
Contract and will not be liable for failure to make payments to Contractor under
this Contract.
2. City shall not be liable to Contractor for any costs incurred by Contractor, or
any portions thereof, which have been paid to Contractor or which are subject
to payment to Contractor, or which have been reimbursed to Contractor or
which are subject to reimbursement to Contractor by any source other than City
or Contractor.
3. City shall not be liable for any costs incurred by Contractor which are not
allowable costs as set forth in the contract.
4. City shall not be liable to Contractor for any costs incurred by Contractor or for
any performances rendered by Contractor which are not strictly in accordance
with the terms of this Contract.
5. City shall not be liable to Contractor for any costs incurred by Contractor in the
performance of this Contract which have not been billed to City by Contractor
within sixty (60) days following termination of this Contract.
6. City shall not be liable for costs incurred or performances rendered by
Contractor before commencement of this Contract or after termination of this
Contract.
7. City's financial assistance will be limited to the following:
a. The assistance made available through this Contract shall be used by the
Contractor solely for the purpose of the Comprehensive Energy Assistance
Program Heating/Cooling Component, Weatherization Assistance Program
home energy audits and
b. The assistance shall provide funding for expenses incurred within the
operation and scope of the program.
c. The services provided by the Contractor shall benefit lower -income families
residing in the County of Lubbock and whose gross household income does
not exceed the 2005 Poverty Income Guidelines or the most current guidelines
issued by the Department of Health and Human Services.
C. Contractor's Responsibilities
1. Contractor agrees to use funds made available through this Contract solely for
the purpose of the Heating/Cooling & Appliance Assessment and home energy
audits
2. Contractor agrees to comply with applicable uniform administrative
requirements, as described in the generally accepted administrative requirements
for the Texas State Government located at ITAC5.141 et seq. And the federal
administrative requirements located at 45CFR Part 96.
3. Contractor agrees to carry out the activities under this Contract in compliance
with all State and Local laws and regulations.
III. TIME OF PERFORMANCE
This Contract shall commence April 1, 2005 and shall terminate March 31, 2006. The term
of this Contract and the provisions herein may, upon mutual consent of both parties, be
extended to a second and third year provided funds are received from TDHCA and providing
the Contractor meets its contractual obligations during the current funding year. Subject to
board approval and Mayor's signature.
BUDGET
1. Please list applicant's anticipated expenditures, detailing requested funds and applicant's
matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations
beside each entry under "Applicant's Matching Funds" to denote the type of match being
used.
I Administration:
Personnel
$ + _
Fringe Benefits
+
Office Supplies
+ _
Copy Supplies
+ _
Postage
+
Telephone
+ _
Rental Space
+
Facility Utilities
+ _
Insurance
+
Other:
+ _
Program:
Tution & Fees
+
Books
+ _
Uniforms
+ _
Child Care
+ _
Rent
+ _
Utilities
+
Transportation
+ _
Other: Assessments
24,999.00 + _
Home Audits
+ _
TOTALS $24,999.00 + —
4
IV
V
VI.
PAYMENT
City will pay up to $24,999.00 to Contractor based upon the receipt of request for funds
and project expense summary for the above -described project. Contractor shall submit to
City invoices for items purchased. City shall determine the reasonableness of each
purchase and shall not make disbursement of any such payment until City has reviewed
and approved each purchase. If need is shown to exist, City staff can release up to 10% of
the funds to be used as start-up funding. Contractor will then bill City monthly for
expenses occurred during the month. By December 31, 2005, Contractor will have
provided City with proper documentation to show how all funds were expended, including
the start-up costs.
NOTICES
Communication and details concerning this Contract shall be directed to the following
Contract representatives:
Nancy Haney
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
SPECIAL CONDITIONS
Henry Tarango
5463 Oh Place
Lubbock, TX 79416
A. Specific Requirements to Meet Conditions Outlined in RFP
1. Contractor will maintain adequate case management files on each client assisted;
whether the case management is funded through this grant or not, and whether
the case management is provided by the Contractor or not.
2. Contractor will keep adequate documentation of the design of the program, the
implementation of the program, and evaluation of program design.
3. Contractor will keep documentation of their efforts to leverage CEAP and WAP
funds with other programs to enhance the services provided to clients.
4. Contractor will keep documentation of their efforts to cooperate and
collaborate with other service providers.
YII. GENERAL CONDITIONS
A. 1.General Compliance
Contractor agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Contract which were made
available under City's COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
and WEATHERIZATION ASSISTNACE PROGRAM.
Contractor shall administer the Comprehensive Energy Assistance Program and
Weatherization Assistance Program to eligible clients in accordance with Texas
Department of Housing and Community Affairs ("TDHCA") CEAP and WAP
regulations and as out lined in CEAP and WAP regulations and the Low -Income
Home Energy Assistance Act of 1981, as amended, 42 U.S.C. Sec. 8621 et seq. (the
"LIHEAP Act" Public Law 97-35), and the "Coats and Human Services
Reauthorization Act of 1998", Public Law 105-285, signed October 27, 1998 which
reauthorized the LIHEAP program for five years through FY 2004, and sections 103
& 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as
supplemented by Agency of Labor regulations (29 CFR, Part 5).
2. Special Compliance
Contractor shall comply with the requirements of all applicable laws and regulations,
including but not limited to the following:
1. Fair Labor Standard Act
2. The Privacy Act of 1974 (5 USC 552a)
3. Executive Order 11246 "Equal Employment Opportunity"
4. Copeland "anti -kickback" Act
B. Independent Contractor
Nothing contained in this Contract is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. Contractor shall at all times remain an independent contractor with
respect to the services to be performed under this Contract. City shall be exempt
from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Worker's Compensation insurance as the Contractor is an
independent Contractor.
C. Indemnity and Release
Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, the
City, and City's respective officers, employees, elected officials and agents, from and
against any and all losses, damages, claims or liabilities, of any kind or nature, which
arise directly or indirectly, or are related to, in any way, manner or form, the activities
contemplated hereunder, including, but not limited to, losses, damages, claims or
liabilities arising from or related to, in any way, manner or form, the act or omission
of third parties and/or the negligence or fault of City, its respective officers,
employees, elected officials and /or agents. Grantee further covenants and agrees to
defend any suits or administrative proceedings brought against the City and/or the
City's respective officers, employees, elected officials and/or agents on account of
any such claim, and to pay or discharge the full amount or obligation of any such
claim incurred by, accruing to, or imposed on the City, or the City's respective
officers, employees, elected officials and/or agents, as applicable, resulting from such
suits, claims and/or administrative proceedings or any matter resulting from the
settlement or resolution of said suits, claims and/or administrative proceedings, in
addition, Grantee shall pay to the City, applicable, all attorney's fees incurred by such
parties in enforcing Grantee's indemnity in this section.
The City, and its respective officers, employees, elected officials and agents shall not
be liable and Grantee hereby releases the City, and its respective officers, employees,
elected officials and agents, for, from and/or against any losses, damages, claims or
liabilities to Grantee, on any theory of legal liability, including, but not limited to the
negligence, of any type of degree or fault, of the City, arising from or related to, in
any way, manner of form, the unenforceability or voidance, for any reason, of all or
part of this agreement.
The indemnity and release provided herein shall survive the termination or voidance
of this agreement.
D. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall
furnish a completed Insurance Certificate to the City, which shall be completed by an
agent authorized to bind the named underwriter(s) to the coverages, limits, and
termination provisions shown thereon, and which shall furnish and contain all
required information referenced or indicated thereon. THE CITY SHALL HAVE NO
DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of
this section during the effective period of the contract and to require adjustment of
insurance coverages and their limits when deemed necessary and prudent by the City
based upon changes in statutory law, court decisions, or the claims history of the
industry as well as the Contractor.
SECTION C. Contractor's and subcontract insurance polices through policy
endorsement must include wording, which states that the policy shall be primary with
respect to any insurance carried by City of Lubbock. The certificate of insurance
described below must reflect that the above wording is included in evidenced
policies. In the event the contractor will not have work done on this project by a
7
subcontract, a statement to that effect should be submitted. It shall be the contractors
responsibility to provide to the owner all proof of coverage insurance documents
including workers compensation coverage for each subcontractor.
Subject to the Contractor's right to maintain reasonable deductibles in such amounts
as are approved by the City, the Contractor shall obtain and maintain in full force and
effect for the duration of this contract, and any extension hereof, at Contractor's sole
expense, insurance coverage written by companies approved by the State of Texas
and acceptable to the City, in the following type(s) and amount(s):
1. The Contractor shall elect to obtain worker's compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said
coverage throughout the term of the Contract and shall comply with all provisions of
Title 5 of the Texas Labor Code to ensure that the Contractor maintains said
coverage. Any termination of worker's compensation insurance coverage by
contractor or any cancellation or non -renewal of worker's compensation insurance
coverage for the Contractor shall be a material breach of this Contract." The
contractor may maintain Occupational Medical and Disability Insurance in lieu of
Workers' Compensation. In either event, the policy must be endorsed to include a
wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall
also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount
no less than $100,000.
2.Commercial General (public) Liability insurance including coverage for the
following:
a. Products-Comp/Op AGG
Combined single limit for
b. Personal injury
bodily injury and property
C. Advertising injury
damage of $100,000 per
d. Contractual liability
occurrence or its equivalent.
e. Fire Damage (Any one Fire)
3. Comprehensive Automobile Combined single limit for
Liability insurance, including bodily injury and property
a. Any Auto of $100,000 per occurrence or its equivalent.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the
policies and all endorsements thereto and may make any reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations,
or exclusions (except where policy provisions are established by law or regulation
binding upon either of the parties hereto or the underwriter of any of such policies).
Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance
contracts and certificate(s) of insurance will contain and state, in writing, on the
certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as
additional insureds, (as the interest of each insured may appear) as to all applicable
coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material
change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers,
employees, and elected representatives for injuries, including death, property damage,
or any other loss to the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
f. All copies of the Certificates of Insurance shall reference the project name or bid
number for which the insurance is being supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall
give such notices not less than 30 days prior the change, which notice must be
accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Victor Kilman - Purchasing Manager
City of Lubbock
1625 13`h Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any
insurance supplied by the Contractor shall not relieve the Contractor of full
responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the
insurance company exonerate the Contractor from liability.
E. City Recognition
Contractor shall insure recognition of the role of City's Comprehensive Energy
Assistance Program and Weatherization Assistance Program in providing funding
through this Contract. All activities, facilities and items utilized pursuant to this
Contract shall be prominently labeled as to funding source. In addition, Contractor
will include a reference to the support provided herein in all publications made
possible with funds made available under this Contract.
F. Amendments
City or Contractor may amend this Contract at any time, provided that such
amendments make specific reference to this Contract, and are executed in writing,
signed by a duly -authorized representative of both organizations and approved by
9
City Council if required by law. Such amendments shall not invalidate this
Contract, nor relieve nor release City or Contractor from its obligations under this
Contract.
City may, in its discretion, amend this Contract to conform with federal, state or
local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of
services, or the activities to be undertaken as part of this Contract, such
modifications will be incorporated only by written amendment signed by both City
and Contractor.
G. Suspension or Termination
Either party may terminate this Contract at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least
thirty (30) days before the effective date of such termination. Partial termination
of the Scope of Service in Paragraph "I.B" above may only be undertaken with the
prior approval of City. In the event of any termination for convenience, all finished
or unfinished documents, data, studies, surveys, maps, models, photographs,
reports, or other materials prepared by Contractor under this Contract shall at the
option of City, become the property of City, and Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination.
City may also suspend or terminate this Contract, in whole or in part, if Contractor
materially fails to comply with any term of this Contract, or with any of the rules,
regulations, or provisions referred to herein; and the City may declare the
Contractor ineligible for any further participation in City contracts, in addition to
other remedies as provided by law. In the event there is probable cause to believe
Contractor is in noncompliance with any applicable rules or regulations, City may
withhold up to fifteen percent (15%) of said contract funds until such time as
Contractor is found to be in compliance by City or is otherwise adjudicated to be
in compliance.
The City may also terminate this agreement in the event of an emergency or disaster,
whether an act of God, natural or manmade, by giving twenty-four (24) hour notice.
The City may give said notice verbally to Grantee. Any expenditures incurred prior
to receiving notice will be reimbursed; however, in no event shall the City pay any
expenses incurred after notice of termination is received by Grantee.
H. Prevention of Waste Fraud and Abuse
Contractor shall establish, maintain, and utilize systems and procedures to prevent,
detect, and correct waste, fraud, and abuse in activities funded under this contract.
The systems and procedures shall address possible waste, fraud, an abuse by
10
Contractor, its employees, recipients, vendors, and administrating agencies.
Contractor's internal control systems and all transactions and other significant events
are to be clearly documented, and the documentation is to be readily available for
monitoring by City.
Contractor shall give Department complete access to all of its records, employees,
and agents for the purposes of any investigation of the funded programs. Contractor
shall immediately notify City of any discovery of waste, fraud or abuse. Contractor
shall fully cooperate with City's efforts to detect, investigate, and prevent waste,
fraud and abuse in the funded program.
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 the City or to any
appropriate law enforcement authority, if the report is made in good faith.
I. Legal Remedies
In instances where the Contractors violate or breach this Contract, the City may apply
administrative, contractual, or legal remedies. The City may suspend all activities
temporarily pending either corrective action by the Contractor or a decision by the
City to terminate this contract.
J. Legal Authority
Contractor represents that is possesses the practical ability and legal authority to enter
in to this contract, receive and manage funds authorized by this contract, and to
perform the services Contractor has obligated itself to perform under this contract.
The person signing this contract on behalf of Contractor herby 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.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
Contractor agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
2. Cost Principles
Contractor shall administer its program in conformance with OMB
11
Circulars A-122, "Cost Principles for Non -Profit Organizations", or A-21,
"Cost Principles for Educational Institutions", as applicable, for all costs
incurred whether charged on a direct or indirect basis.
B. Documentation and Record -Keening
1. Records to be Maintained
Contractor shall maintain and make access to all records required by the State of
Texas Department of Housing and Community Affairs, and that are pertinent to
the activities to be funded under this Contract.
2. Retention
Contractor shall retain all record pertinent to expenditures incurred under
this Contractor for a period of five (5) years after the termination of all
activities funded under this Contract, or after the resolution of all State
audit findings, whichever occurs later.
3. Client Data
Contractor shall :maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to: total
number of information and referral calls received and broken down into
subject categories for every call; specific information obtained through
random screening of calls such as income level, gender, race, age,
education -level, and household size. Such information shall be made
available to City monitors or their designees for review by the 10`h day of
every month.
4. Audits and Inspections
All Contractor records with respect to any matters covered by this
Contract shall be made available to City, their designees or the State
Government, at any time during normal business hours, as often as City or
State deems necessary, to audit, examine, and make excerpts or transcripts
of all relevant data, both financial and programmatic. Any deficiencies
noted in audit reports must be fully cleared by Contractor within thirty
(30) days after receipt by the Contractor. Failure to comply with the
above audit requirements will constitute a violation of this Contract and
may result in the withholding of future payments.
C. Operation and Financial Reports
1. Financial Record Reports
Contractor agrees to submit to the City invoices for the services and
12
approved costs of this program by the I Wh day of each month; and
2. Operation Reports
Contractor agrees to submit to the City a monthly activity report in
accordance with instructions provided by the State.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Contractor agrees to comply and to require all subcontractors to comply with Title
VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act
of 1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and with Executive Order 11246 and the regulations
issued under the order at 41 CFR chapter 60.
No person shall on the ground of race, color, religion, sex, national origin, age,
disability, 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.
B. Conduct
1. Prohibited Activity
Contractor is prohibited directly or indirectly from using funds provided herein or
personnel employed in the administration of the program for political activities;
sectarian or religious activities; lobbying, political patronage, and nepotism
activities.
2. Conflict of Interest
Contractor and City agree to abide by the provisions of federal and state
with respect to conflicts of interest, and Contractor covenants that it
presently had no financial interest, direct or indirect, which would conflict
in any manner or degree with the performance of the service required
under this Contract and that no person having such an interest will be
employed as or by the subcontractor carrying out this Contract.
13
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
ZOFOCK
Marc M ougal
MAYOR
ATTEST:
R becca Garza, City Secretary
APPROVED AS TO CONTENT:
ancy Haney
Community ev lopm jntirector
APPROVED AS TO FORM:
Amy Simi �istjf!��ney
HENRY TARANGO
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DESCRIPTIDN OF OPCHATK)NS/ LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY LNCORZOACNT /$WtICIAL PROVISIONS
PRIMARY ADDITIONAL INSURED IN FAVOR OF CITY OF LUBBOCK AS PER ENDO
CITY OF �UBBOCK
MARTA ALVAREZ RFQ ii 05.021-MA
PO BOX 2000
LUBBCCK TX 79457-
ACORD 25 (2001=1
SHOULD ANY OF THE ABOVE OW4mllr0 POUOIES DE CANCELLED B oORE THE EXPIRATION
DATd YHGREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN
NOTICE TO THC CCRTIFICATE HOLDEM NAMED TOTHE LFFT, BUT FAILURE TO DO 1S0 SHALL
IMPOSE NOODLIOAT)ON OR LIADILIYY ON ANY KIND UPON THE INSURER, ITS AGENTS OR
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