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HomeMy WebLinkAboutResolution - 284 - Contract - TDCA - Weatherization Assistance Program - 09_27_1979RESOLUTION #284 - 9/27/79 w 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 contiact`.for Weatherization Assistance for Low -Income Persons 1979-1980 between the City of Lubbock Community Services Department and the Texas Department of Community Affairs, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of September ,1979. I� c i WEST, MAYOR h ATTEST: - I: -�Evelyn.Gaffa, Clty Se r a -Treasurer APPROVED AS TO FORM: von'ald G. Vandiver, Firg't—AssistanC City Attorney t is for internal mangement control use only. 41 ON CONTRACTOR CERTIFICA JAN 2 5 1979 I. 1/22/79 2. City of Lubbock Date Received By Fiscal Division Full Legal Name of Proposed Contractor S . EOD Initiating Division ece1ve o Required Contractor On -File Received Information Description (X) (X) _ 1. Contractor Certification Form - © ❑ 2. State Comptroller Vendor No. ® ❑ 3. Organization's Articles of Incorporation or Charter ❑ X❑ n/a 4. Organization's By-Laws/Rules ❑ ® n/a 5. Name(s), Title(s) and Documentation of Person(s) [�] Authorized To Sign Contract j 6. Required Contractor Accounting System Statement ® ❑ 7. Previous Audit ® [] 8. Currently Approved Fidelity Bond ® ❑ 9. Documentation of Compliance With HRA, EEO or AAP ® ❑ I hereby acknowledge receipt of the above designated documents. The content ,)f the documents have not been reviewed by the Fiscal Division for adequacy or pplicability. The documents are on file in the Fiscal Division for inspection. a e o-&ed To Initiating Division irector, Fiscal Division Remahks: t ''TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTROL ,�Y�' •`- tONThACT & GRANT INTERNAL ROUTING SHEFT a gMokld Contract: Grant Application: Original ox Original ElDate Signed: Amendment ❑ Amendment [] By: a a FISCAL oW 1. Date Submitted for Review: August 13, 1979 2. Desired Date of Final Execution: As Soon as Possible 3. Division Submitting Contract/flift�XX: Economic Opportunity FISCAL DIVISION 4. Contract%NM Period Covered: September 1, 1979 - is 31 n 5. Division Contact Person and Phone Number: 5-6601 6. Other Party to Contract and Phone Number: City of Lubbock Community Service Depart- ment 806/762-6411,Ext. 2301 7. Purpose of Contract%X1F9(M- capped persons. To weatherize homes for low-income elderly and handi- 2. Final End Product: rn. CEIVED -- -- --- S E P 111979 --- - _- LEGAL 9. Proposed Subcontractors, If Any: — 10. Maximum TDCA Obligation under Contract/QSHA X: —$-l",sii} 11. Amount TDCA Will Receive Under Contract/KXXKX: $ -0- 12. Anticipated Source of Funds: 13. Match Requirement: Amount $ None Source: 14. Activity -To Be Charged with Expenditure: Dept. of Energy NFG-46-79CS60200 15. Reviewed By: Div/4RMC_X i'r on _ Lenal Fiscal P N.DiZ. b-4D,, Revj i A. Initials: B. Date: C. Comments Attached(✓) TDCA Form 4-74-3(77) Texas Department of Community Affairs/Economic Qpporfynli�V Division LOW-INCOVL WLAIIlLRl,'Al1UN ieots ul le, eal IunJ (Monthly REPORT SUPPLEMCNT) SEE stat(vntnt on reverse 38-RO198 SECTION 1 IDENTIFYING INIUIIMATION 1-'NAME 5r'Contractor"---- ._ .-7. =1AI`F ArSIUl'u llo: Nu. -Monthly Report For I (Month year) I u11 iimr Part I irm � SECTION 11 SERVICES WEATHERIZA- CRISIS INTER- CONSUMER TRANS-. ALTERNATE PROGRAM' CATEGORY TION PROJECTS VENTION EDUCATION PORTATION ENERGY SUPPORT T-Total Number of People Assisted Elderly D. M rant ' D. anF1- dT- 2. Tota um er YWx_)(Wk kxitiix�c%xx 1'f(xxxxxx of Dwelling xxxxxxxxx xxxxxxxxx I xxxxxxx Units xxxxxxxxx xxxxxxxxx xxxxxxx Assisted xxxxxxxxx xxxxxxxxx i xxxxxxx K-�wnei----- • .. '..._._. _... -_.--..._..._.. ---x7(zxXXlf)X X Xkzxkil 1I xxxxxxx occupied -"" xxxxxxxxx " xxxxxxxxx _i xxxxxxx . R. k`enter- Occu iced 1. Totai dumber _ _ — 1 %J(k7(xlf%XkR Xf!1tXfx3cxX xxxxxxxxx­_ !<)Ill%x1f%R lS xxxk k- xxxxxxxxx kkXXxT[xkX %xXXXIIIfIIx xxxxxxx xxxxxxx +-..---- _- xxxxxxx oj Air -con- xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxx ditioned xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxx Owelling xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx ! xxxxxxx Units xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxx Assisted xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxx 4. ffending _------ - .-.._.. -- ----- - --- ._.�—._—.... APPlicatlons/ Requests on SECTION 1I1 FINANCIAL 1NfOI TION WEATHEPIZA- CRISIS INTER- G0NS11MER TRANS- ALTERNATE PROGRAM CATEGORY T[ON PROJECTS VENTION EDUCATION PORTATION ENFP:;Y SUPP6RT 7-7 Ou 1'outaT_ t1aA--� Other a Other Federal Federal _ 2. Labor rs 11ya KfOcu"- xkX7lXxxxx ' 'xxxxxxxxx ' ' xwxxxxk 71Xq X- " � ;1. %%x7IRxltlifxkk' . kxxiifxxxx icxzzkxzxz j" zxxkii. poq. xxxxxxx . 9.— __.,...... _ _lxxxxxxxk ' 1)(KRU4 xxxxxxxxx xxxxxxx Agency xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx XXXXXXX Staff xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx I xxxxxxxxx xxxxx)X C. ll—ction '-- ---- -iARIIR3� aXw it%%x'XxXx% xX xXi�l'Yii�7�xX%—XXiIxXXY Volunteers xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx i xxxxxxxxx xxxxxxx D. Title — k5tkxkAxk— 3lx)(Xx()xtx "Rxkkx-XxxxWx E. Ate__-- - xxxxxzWX ii$XitXX1i -TXnl-iiXX _ ' -ikiXXXXXX XX'0-TX F. VoTnte`ers" ' ' xitiT xx-i -iTx XX%xxxxx% %%%xXxxx% XxXii%Xxx% - xXX-fX%X ' G. clf cupan�s ' - '-RkXkkXitX -k�cR'i iR Tx-xx'xJXy)(k xXx UIXXT XxxiTXX of Assist- xxxxxxxxxxxx , xxxxxxxxx xxxxxxxxx xxxxxxxxx t xxxxxxx � ed Housin _ xxxxxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx t xxxxxxY_..,. H. il{ieer'——` XkxRkTiXxRxX itkxxxXxk _'�_xzxXkiiititx: xxxxfxxxx xxxxx.�__ ATTACHMENT A Page 1 of 1 FINANCIAL STATUS REPORT . 1AGENCY AND ORGANIZATIONAL ELEMENT TO WHICH REPORT IS SUBMITTED 2. FEDERAL GRANT OR OTHER IOEitTIFY1NG OMB Approved NUMBER PAGS OF (Follow instructions on the back) Texas Department of Community Affairs INo.80—RO180 exP PACES S. RECIPIENT ORGANIZATION (Name and oo+eplete addrees, incladtnp ZIP Code) 4. . `M Mr1> tKk S. _ ' ' 6 FI)IAL REPORT 7. BASIS e • ' Contract Number DOE-WAFLIP 1979-80 I 1_­1,YES ( .NO D CASH ACCRWAb " a. PERIOD (Su nutrveNons) 9. Monthly PERIOD COVERED BY THIS RErosrr FROM (Month• day. year) + TO (Month, day. year) FROM (Month• day, year) TO (Month, day. year) - 10. STATUS OF FUNDS (a) (b) Liability (c)Materials and (d) (e) Tools and (/)On -Site TOTAL PROGRAMS/FUNCTIONS/ACTIVITIES ► Administrative Insurance Storage Transportation Equipment I. Supervision (p) s. Net outlays previously reported $ $ $ $ $ $ b. Total outlays this report period G Less: Program income credits d. Net outlays this report period 71111111111117171 TM7117111171117 77177711777771711 (Line b minus line c) lllllll/llll/llll llll/llllllllllll /ll//llll/Ill/Ill llllll//lllllllll 111//lllllllll/ll l/ll//ll////l/ll/ lllllllll//lllllll e. Total u ays to date (Lint a plus line d) f. Value of inventory on hand / g. Total Federal share of outlays 1111111111117TTITi (Lin a minus line h. Total unliquidated obligations JJ/l///////l///// /l/lll/l/l/l/ll// //IJIIIIII/l///l/ /l/l/////l/llll/l TOTAL —EXPENDED l//lIJJ/l/ll/ll/l lll/l//ll/lIll/l/ 1I//lllllll/llllll 1. Less: Non -Federal share of unliquldated T17Tff77T1RI1111 111111111111777MI117111111111 P S' REPORT PERIOD= obligations shown on line h ///// j /////////// ///////////////// ///////////////// _TOTAL EXPENDED F R PROGRAM SUPPORT_ TO DATE _%! llllllllllllllllli'llIIIIIIIIIIIIIIIIIIIIIIllllllllllli OEYFIR MAILKIAL I KI UU— (. Federal share of unliquidated obligations llllll /lllllllll Jl /l/ll /l/l111 /ll ///lI/llllll/// . TOTAL EX_PENDfD F R MAT RIAL TO DAT $ _ — k. Total Federal share of outlays and j///jjjj//jjjjjjj //jj/////// / / / j J jjj / /////jj/j /jj/jjj III 11111111111117FIrlI II I I I I j l unliquidated obligations l//llllll/ll///ll /lll/l/llll/l//l/ ///lllll/ll///ll/ l//lllllll/llllll l/ll//lllll/ll/ll lllllll/lllllllll lllllllllllll/llll t. Total cumulative amount of Federal funds authorized m. Unobligated balance of Federal funds �� //��J la. CERTIFICATION SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REPORT SUBMITTED l� I certify to the best of rtry knowledge and be. lief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award / /lll////Ji/ / J /////////j1111/lJ/Jl//l// TYPED OR PRINTED NAME AND TITLE TELEPHONE (Area code, number and extension) Attw nsy rr ov derws.! „e.a-y ,. , , h . Gamrirp lCprta/itw. documents. SF-269 STANDARD FORM 269 (7-76) Prescribed by Office of Management and Budget cir. No. A-110 ATTACHMENT B Page 1 of 1 i r t C TIED TO RESOLUTION #284 - 9/27/79 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS 1979-1980 STATE OF TEXAS COUNTY OF TRAVIS ,EGG P Section I. Parties to Contract This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter re- ferred to as "Department" and City of Lubbock Community Services Department hereinafter referred to as Contractor.' The parties hereto have severa ly and collectively agreed and by execution hereof are bound to the mutual obligations and to performance and accomplishment of the tasks hereinafter described. Section II. Contract Period All services to be performed by Contractor shall commence October 1, 1979 and shall terminate December 31,1979,such period referred to herein as "contract period," unless expressly provided otherewise herein. Section III. Contractor Performance A. PURPOSE Funds received pursuant to this contract shall be used for the development and implementation of a weatherization program to assist in achieving a healthful dwelling environment and maxi- mum practicable energy conservation in the dwellings of low- income persons, particularly elderly and handicapped low-income persons, in order both to aid those persons least able to afford higher energy costs and to conserve needed energy. Contractor shall weatherize a minimum of 21 dwelling units. B. ADMINISTRATION OF CONTRACT This contract shall be administered in accordance with the following: a. Federal Management Circular 73-2, 34 CFR 251, entitled "Audit on Federal Operations and Programs by Executive Branch Agencies;" b. Federal Management Circular 74-4, 34 CFR 255, entitled "Cost Principles Applicable to Grants and Contracts with State and Local Governments," c. Office of Management and Budget Circular A-102, 34 CFR 256, entitled "Uniform Administrative Requirements for Grants -in - Aid to State and Local Governments;" d. Office of Management and Budget Circular A-89, entitled "Catalog of Federal Domestic Assistance;" e. Office of Management and Budget Circular A-95, entitled "Evaluation, Review and Coordination of Federal and Feder- ally Assisted Programs and Projects;" f. Office of Management and Budget Circular A-97, entitled "Rules and Regulations -Permitting Federal Agencies to Pro- vide Specialized or Technical Services to State and Local Units of Government under Title III of the Intergovernmental Coordination Act of 1968;" Page 1 of 18 pages ,ea- 0OJ/ g. Treasury Circular 1082, entitled "Notification to States of Grant -in -Aid Information;' and h. Such procedures applicable to this part as the U. S. Department of Energy may from time to time prescribe for the administration of grants. "C. DEFINITIONS As used in this contract and related directives - a. "Act" means the Energy Conservation and Production Act, 42 U.S.C.A. $ 6861 et seq. (1977). b. "CAA" means a Community Action Agency. c. "CETA" means the Comprehensive Employment and Training Act Amendments of 1978, Pub. L. 95-524,92 Stat. 1909. d. "Community Action Agency" means a private non- profit corporation or public agency established pursuant to the Economic Opportunity Act of 1964, 42 U.S.C.A. H 278.1 et. seq., which is authorized to administer funds received from Federal, State, local or private funding entities to assess, de- sign, operate, finance and oversee antipoverty programs. e. "Contractor" means a weatherization project which receives a grant of funds awarded under this con- tract from Department. f. "Cooling degree days" means a population -weighted annual average of the climatological cooling degree days for each weather station within a State, as determined by DOE. g. "Director" means the Director of the Community Ser- vices Administration. h. "DOE" means the U. S. Department of Energy. i. "Dwelling unit" means a house, including a station- ary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters. j. "Elderly Person" means a person who is sixty (60) years of age or older. k. "Eligible State" means any of the forty-eight con- tiguous States, Alaska, or the District of Columbia. 1. "Family unit" means all persons living together in a dwelling unit. m. "Fire safety standards" means the standards set forth in Sec. 2.1.3.1. of NBSIR 75-795 which may be obtained from DOE. n. "F.S." means Federal Specifications as cited, copies of which may be obtained from Specification Sales, Building 192, Washington Naval Yard General Services Administration, Washington, D.C. 20407. o. "Governor" means the chief executive officer of the State. p. "Grantee" means the Department. q. "Handicapped person" means an individual (a) who is handicapped individual as defined in Section 7(6) of the Rehabilitation Act of 1973, (b) who is under a disability as defined in section 1614(a) (3)(A) Page 2 of 18 pages , t or 223(d)(1) of the Social Security Act or in sec- tion 102(7) of the Developmental Disabilities Ser- vices and Facilities Construction Act, or (c) who is receiving benefits under chapter 11 or 15 of Title 38, United States Code. r. "Heating degree days" means a population -weighted seasonal average of the climatological heating degree days for each weather station within a State, as determined by DOE. s. "Indian tribe" means any tribe, band, nation or other organized group or community of Native Americans, including any Alaska native village, or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, Pub. L. 92-203; Stat. 688, which (a) is recognized as eligible for the spe- cial programs and services provided by the United States to Native Americans because of their status as Native Americans; or (b) is located on, or in proximity to a Federal or State reservation or rancheria. t. "Local applicant" means a CAA or unit of general purpose local government. u. "Low-income" means that income in relation to family size which (a) is at or below 125% of the poverty level determined in accordance with cri- teria established by the Director of the Office of Management and Budget, or (b) is the basis on which cash assistance payments have been paid during the preceding 12 month period under Title IV and XVI of the Social Security Act or applicable: State or local law. V. "Multi -family dwelling unit" means a dwelling unit which is located in a structure containing more than one dwelling unit. w. "Native American" means a person who is a member of an Indian tribe. x. "Number of low-income, owner -occupied dwelling units in the State; means the number of such dwelling units in a State, as determined by DOE. y. "Number of low-income, renter -occupied dwelling units in the State" means the number of such dwelling units in a State, as determined by DOE. z. "Percentage of total residential energy used for space cooling" means the national percentage of total energy used for space cooling, as deter- mined by DOE. aa. "Percentage of total residential energy used for space heating" means the national percentage of total energy used for space heating, as deter- mined by DOE. bb. "Regional Representative" means a Regional Repre- sentative of the Department of Energy. cc. "Rental dwelling unit" means a dwelling unit occu- pied by a person who pays rent for the use of the dwelling unit. dd. "Repair materials" means items necessary for the effective performance or preservation of weatheri- zation materials. Repair materials include, but are not limi.ted to, lumber used to frame or re- pair windows and doors which could not otherwise Page 3 of 18 pages t be caulked or weatherstripped; and protective materials, such as paint, used to seal materials installed under this program. ee. "Secretary" means the Secretary of the Department of Energy. ff. "Separate living quarters" are those in which the occupants do not live and eat with any other per- sons in the structure and which have either (a) direct access from the outside of the building or through a common hall, or (b) complete kitchen facilities for the exclusive use of the occupants. The occupants may be a single family, one person living alone two or more families living together, or any other group of related or unrelated persons who share living arrangements. gg. "Single-family dwelling unit" means a structure containing no more than one dwelling unit. hh. "Skirting" means material used to border the bottom of a dwelling unit to prevent infiltration. 11. "State" means the State of Texas. jj. "Tribal organization" means the recognized govern- ning body of any Indian tribe, or any legally es- tablished organization or Native Americans which is controlled, sanctioned, or chartered by such governing body. kk. "Unit of general purpose local government" means any city, county, town, parish, village, or other general purpose political subdivision of a State. 11. "Weatherization project" means a project conducted in a single geographical area which undertakes to weatherize dwelling units that are thermally in- efficient. mm. "Weatherization materials" means-- (1) Caulking and weatherstripping of doors and windows; (2) Furnace efficiency modification limited to-- (i) Replacement burners designed to substantially increase the energy efficiency of the heating system; (ii) Devices for modifying fuel openings which will increase the energy effi- ciency of the heating system; and (iii) Electrical or mechanical furnace ignition systems which replace standing gas pilot lights; (3) Clock thermostats; (4) Ceiling, attic, wall, floor, and duct insulation; (5) Water heater insulation; (6) Storm windows and doors, multiglazed windows and doors, heat -absorbing or heat -reflective window and door mate- rials; and (7) The following insulating or energy conserving devices or technologies-- (i) Skirting; (ii) Items to improve attic ventilation; (iii) Vapor barriers; and (iv) Materials used as a patch to reduce infiltration through the building envelope." nn. "Building envelope" means the elements of a building .which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior. Page 4 of 18 pages I D. Minimum Program Requirements 1. No part of Contractor's performance shall be deemed to be satisfactory hereunder if that fails to meet the following requirements: a. No dwelling unit shall be weatherized without documentation that the dwelling unit is an eligible dwelling unit as specified in Subsec- tion H of this section; b. Priority shall be given to identifying, and pro- viding weatherization assistance to elderly and handicapped low-income persons and such priority as the Contractor -determines is appropriate shall be given to single-family or other, high energy consuming dwelling units; c. Financial assistance provided hereunder shall be used to supplement, and not supplant, State or local funds, and, to the maximum extent practica- ble as determined by DOE to increase the amounts of these funds that would be made available in the absence of Federal funds provided hereunder; d. To the maximum extent practicable,.the Contractor shall secure the services of volunteers, training participants and public service employment workers, pursuant to CETA, to work under the supervision of qualified supervisors and foremen; e. To the maximum extent practicable, the use of wea- therization assistance shall be coordinated with other Federal, State, local or privately funded programs in order to improve thermal efficiency and to conserve energy. 2. No funds shall be expended for weatherization of a rental unit without specific prior written approval from the Department authorizing Contractor to weatherize that rental unit. E. ALLOWABLE EXPENDITURES 1. Contractor may use not more than five percent (5%) of all funds allocated hereunder for administrative expenses, including all direct costs to support administrative positions including super- visors or foremen, such as salaries, fringe benefits, travel costs, audit fees, and office space/equipment/supplies. 2. Contractor may use funds allocated hereunder to pay the actual costs, but not to exceed Six Hundred Dollars ($600.00), of lia- bility insurance for weatherization projects for personal in- jury and for property damage. Contractor may use the remaining balance of the funds allocated hereunder (i.e., the amount stated in Subsection D of Section IV of this contract less the amounts for administrative expenses and liability insurance provided in Section III.E.1 and III E.2 above) to pay for the actual costs of program support and materials; pro- vided that such costs for program support and materials shall be spent in accordance with the requirements stated in Section III.E.4 of this contract and in amounts not to exceed forty-four percent (44%) of this remaining balance for program support and no less than fifty-six percent (56%) of this remaining balance for materials. 4. For any dwelling unit weatherized under this contract, Contractor shall make expenditures in accordance with the following require- ments, but not to exceed One Thousand Dollars ($1,000.00) for any dwelling unit: (a) Contractor may make expenditures for the cost of purchase, delivery, and storage of weatherization materials, provided that such expenditures shall not exceed Five Hundred Sixty Dollars ($560.00) for any dwelling unit weatherized; 4:� Page 5 of 18 pages i t (b) Of the amount provided for costs of materials in paragraph (a) of this Section III.E.4, above, Con- tractor may expend an amount not to exceed One Hundred Dollars ($100.00) for any dwelling unit for the cost of incidental repairs, including repair materials and repairs to the heating source, neces- sary to make the installation of weatherization materials effective; (c) Contractor may make expenditures for the costs, not to exceed an average of Four Hundred Forty Dollars $440.00) per dwelling unit weatherized, of the following program support activities: (i) Transportation of weatherization materials, tools, equipment, and work crews to a storage site and to the site of weatherization work; (ii) Maintenance, operation end insurance of vehi- cles used to transport weatherization materials; (iii) Maintenance of tools and equipment; (iv) Purchase or annual lease of tools, equipment, and vehicles, except that any purchase of vehi- cles shall be referred to Department for prior written approval in every instance; and (v) Employment of on -site supervisory personnel whose responsibilities shall include ensuring that all weatherization activities provided for hereunder are accomplished and whose ser- vices may be obtained pursuant to contract; and (d) Contractor shall strictly adhere to the percentages identified in Section III.E.3, above, for expendi- tures for program support and materials, and shall make such expenditures in such a manner as will result in the aggregate expenditure of no more than forty-four percent (44%) for program support and no less than fifty-six percent (56%) for materials of the total amount derived under Section III.E.3 of this contract. 5. Provided that all other requirements and terms of this contract are fully satisfied and performed, Contractor, at its discretion, may use for the purchase of weatherization materials as specified in Section III.E.I.a. any or all of the funds permitted as expen- ditures for administrative, program support, or liability insurance expenses. F. Non -Allowable Expenditures No expenditures by Contractor shall be an allowable cost if made to: a, weatherize a dwelling unit which has been weatherized previously with funds authorized under the Act unless such dwelling unit has been damaged by fire, flood, or act of God and repair of the damage to weatherization materials is not paid for by insurance; b. weatherize dwelling unit which is vacant or designated for acquisition or clearance by a Federal, State, or local program within twelve months from the date wea- therization of the dwelling unit would be scheduled to be completed; or, c. purchase cosmetic items or a heating or cooling source. G. STANDARDS FOR WEATHERIZATION MATERIALS 1. Except as is provided in paragraph 2 of.this Subsection H, only weatherization materials which meet or exceed stan- dards prescribed herein shall be purchased with funds pro- vided under this contract; Page 6 of 18 pages e MATERIAL OR PRODUCT STANDARDS a. Insulation - Mineral fiber (1) Blanket%batt ........... Conformance to F.S.1 HH-I-521E and ASTM C665-70. (2) Board ..................Conformance to F.S. HH-I-526C and ASTM C612-70 or C726-72. (3) Duct Material .......... Conformance to F.S. HH-I-558B (4) Loose fill.............Conformance to F.S. HH-I-1030A and ASTM C764-73. b. Insulation - Mineral cellular: (1) Aggregate board........ Conformance to F.S. HH-I-529B. (2) Cellular glass......... Conformance to F.S. HH-I-551E and ASTM C552-73. (3) Perlite ................Conformance to F.S. HH-I-574A and ASTM C549-73. (4) Vermiculite ............ Conformance to F.S. HH-I-5858 and ASTM C516-67, c. Insulation - Organic Fiber: (1) Type I Cellulose - Classes 25 and 50... Conformance to F.S. HH-I-515C and ASTM C739-73 (loose fill). (2) Cellulose - class 250— Conformance to ASTM C739-73 (loose fill) and fire safety requirements.2 (3) Vegetable .,,,,,,,,,,,,,Conformance to F. S. HH-I-528B and fire safety requirements. (4) Board and block........ Conformance to F.S. LLL-I-535A and ASTM C208-72 and fire safety requirements. d. Insulation - Organic cellular: (1) Polystyrene board..... Conformance to F.S. HH-I-524B and ASTM C578-69 and fire safety requirements. (2) Urethane board........ Conformance to F.S. HH-I-530A and ASTM C591-69 and fire safety requirements. (3) Flexible unicellular —Conformance to F.S. HH-I-573B and ASTM C534-70 and fire safety requirements. e. Insulation - Air spaces: Reflective ............... Conformance to F.S. HH-I-1252A. f. Storm windows: (1) Aluminum frame........ Equivalent to ANSI A134.3-1972. (2) 4lood'frame............ Conformance to Sec. 3 of NVIMA Industry Standard I.S. 2-73. (3) Rigid vinyl frame..... Conformance to NBS Product Standard PS26-70 and performance guarantee. (4) Frameless plastic glazing .............. Required minimum thickness, 6 mil (0.006 in). Page 7 of 18 pages MATERIAL OR PRODUCT STANDARDS g. Storm doors: (1). Aluminum ...............Equivalent to ANSI A134.4-1972 (2) Wood: (a) Pine .............. Conformance to Sec. 3 of NWMA I.S.5-73. (b) Fir, hemlock, spruce.......... Conformance to Sec. 3 of FHDA/5-75. (c) Hardwood veneered —Conformance to Sec. E of NWMA I.S.I.-73. h. Caulks and sealants........ Commercial availability. i. Weatherstripping........... Commercial availability. j. Vapor barriers ............. Commercial availablity. k. Clock thermostats.......... Commercial availablity. 1. Skirting ................... Commercial availablity. m. Items to improve attic ventilation .............. Commercial availability. n. Materials used as a .patch to reduce infiltration through the building envelope ................. Commercial availability. 2. Contractor shall apply such approaches to weatherization as Depart - Tent may specify; compliance with this requirement shall be assessed in part on the basis of the documentation Contractor is required to submit in Section III (I)(2) of this contract. For the purpose of maximizing the utilization of funds pursuant to this contract, weatherization materials are to be purchased for use only during the period of this contract. Contractor shall make an inventory of all materials remaining on hand at the end of the contract period, and shall report the value of such materials to Department by Septem- ber 10, 1980." H. Eligible Dwelling Units 1. No dwelling unit shall be eligible for weatherization assis- tance under this contract unless it is the dwelling unit of a family unit; a. whose income is at or below 125% of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget; or, b. which contains a member who has received cash assistance payments under Title IV or XVI of the Social Security Act or applicable State or local law paid during the 12-month period preceding the determination of eligibility for weatherization assistance. 2. If the proposed unit to be weatherized is owned by other than a low-income elderly or handicapped person, Contractor must certify that all eligible low-income elderly and handicapped persons have been offered weatherization assistance prior to selection of this unit for assistance. I. Recordkeeping and Reports 1. The Contractor shall keep such records as Department shall specify, including records which fully disclose the amount and disposition by contract of the funds received and the total cost of a weatherization project for which such assis- tance was given or used, the source and amount of funds for such project or program not supplied by Department, and such other records as Department deems necessary for an effective Page 8 of 18 pages audit and performance evaluation. Such recordkeeping shall be in accordance with OMB 102-A and any further requirements of this regulation or which DOE may otherwise establish under the terms and conditions of the grant to Department. 2. The Contractor shall document and keep on hand such written documentation, for inspection by Department, which evidences the Contractor's need to expend more than thirty percent (30%) for program support. 3. Contractor shall submit to the Department by the 15th of each month, two (2) copies each of the LOW-INCOME WEATHERIZATION REPORT (EIA-29A) and the FINANCIAL STATUS REPORT (SF 269) covering expenditures and activities for the previous month. Contractor shall maintain a file for each home weatherized with DOE funds which contain the following: a. Eligibility documentation (including total income and public assistance payments); b. Building Weatherization Report (TDCA Form) c. Home Weatherization Job Book; d. Homeowner/Authorized Agent Certification Form; (EIA 29-D) and, e. Fuel Information Release Form (EIA 29-E). Section IV. Department Financial Obligations A. Measure of Liability In consideration of full and satisfactory performance hereunder, Department shall be liable to Contractor in an amount equal to the actual costs incurred by Contractor for performance rendered hereunder subject to the following limitations: a. Department shall not be liable to Contractor for expendi- tures made in violation of regulations promulgated by DOE pursuant to the Act or in violation of any amendments of the Act: b. Department shall not be liable to Contractor for costs in- curred or performances rendered unless such costs and per- formances are strictly in accordance with the terms of this contract, including but not limited to terms governing Con- tractor's promised performance, the description of that per- formance in Section III of this contract, and all amendments hereto signed and agreed to by both Department and Contractor or resulting from Contractor's acceptance of proposed amend- ments in the manner prescribed in Section X of this contract. Notwithstanding any other provision of this Section, it is understood and agreed by the parties hereto that Department's obligations under this subsection are contingent upon actual receipt of adequate funds from DOE to meet putative liabili- ties under this subsection, provided that within a reasonable time after Department receives written and specific notice from DOE that Department will not receive adequate funds to make payments to Contractor, Department shall notify Contrac- tor in writing to that effect. d. In the event that Contractor, prior to November 1, 1979 fails to weatherize at least one half (1/2) of the number of dwell- ing units specified in Section III(A) of this contract, and to expend at least fifty percent (50%) of the amount of funds specified in Section IV(D) of this contract, Department shall decrease its maximum liability under this contract in an amount not to exceed the difference between fifty percent (50%) of the amount specified in Section IV.D. of this contract and the allowable expenditures as reported for the first two (2) months. Page 9 of 18 pages In the event the maximum liability is decreased, the number of dwelling units required to be weatherized will be decreased by one (1) dwelling unit for each One Thousand Dollars ($1,000.00) decrease in the maximum liability. Department shall provide Contractor with prior written notification of any such readjust- ment by Department under this subsection. Such written notifi- cation shall be sufficient to amend such provisions of the con- tract without the separate execution by the Contractor and the Department. This procedure will be an exception to Section X of this contract. 2. In addition, upon full and satisfactory completion of Contractor's performance hereunder through December 31, 1979, including Contrac- tor's weatherization of the minimum number of dwelling units speci- fied in Section III(A) of this contract, title to all tools and weatherization equipment purchased by Contractor in accordance with Section III(F) of this contract shall vest in Contractor. 3. Department shall not be liable for any costs incurred or performances rendered by Contractor in the performance of this contract which have not been billed to Department within ninety (90) days following the termination of this contract. 4. Department shall not be liable to Contractor for costs in- curred or performances rendered by Contractor before the commencement of this contract or after the termination of this contract. 5. Department shall not be liable to Contractor for any cost incurred by Contractor, or portion thereof which: (1) has been paid to Contractor or is subject to pay- ment to Contractor, or (2) has been reimbursed to Contractor or is subject to reimbursement to Contractor, by any source other than Department or Contractor. B. Method of Payment 1. Department shall pay to Contractor twenty five percent (25%) of the amount specified in Subsection D of this Section IV, against Depart- mental liabilities accrued or to be accrued, pursuant to.Subsection of this Section IV within a reasonable period of time after the exe- cution of this contract. 2. The Contractor shall submit, by the fifteenth (15th) day of the month following the calendar month in which expenditures were made and for which reimbursement is sought, a requisi- tion for payment on a form like that made a part of this con- tract as Attachment B . Within a reasonable time after re- ceipt of the Contractor's properly completed requisition for payment, the Department shall pay„subject to the limitations cited below, to Contractor an amount equal to Departmental liabilities accrued as specified in Subsection A of this Section, but unpaid hereunder. J. Notwithstanding the provisions of Paragraph 2 of this Sub- section B, it is expressly understood and agreed by the parties hereto that payments under this contract are condi- tioned upon Contractor's full and satisfactory performance of its obligations under this contract. 4. In addition to the limitation on payments imposed pursuant to Paragraph 3 of this Subsection B, it is expressly under- stood and agreed by the parties hereto that if the Contrac- tor fails to submit to Department in a timely and satisfac- tory manner any report required by this contract or any other contract the Department has with the Contractor, the Department may, at its sole option and in its sole discre- tion, withhold any or all payments otherwise due and owing Contractor hereunder. If Department withholds such payments, it shall notify the Contractor in writing of its decision and Page 10 of 18 pages the reasons therefor. Payments withheld purusant to this Paragraph may be held by the Department until such time as the delinquent obligations for which funds are withheld are ful- filled by the Contractor. 5. In addition to the limitations on payment imposed pursuant to Paragraphs 3 and 4 of this Subsection B, it is expressly understood and agreed by the parties hereto that Department may, at its sole option and its sole discretion, withhold from payments to Contractor any amount not exceeding fifteen (15%) of each claim by Contractor for reimbursement hereunder which Department would otherwise be obligated to pay to Con- tractor but for its option to withhold such amounts. Pay- ments withheld pursuant to this Paragraph may be held by Department until such time as all liabilities under this con- tract or any other contract between Department and Contractor terminating prior to or concurrently with the termination of this contract have been finally determined by the mutual agree- ment of Department and Contractor or through administrative or judicial determination. Within a reasonable time following such determination, Department shall pay to Contractor the amount of Department's remaining liability finally determined. 5. It is further expressly understood and agreed by the parties hereto that Contractor's performance upon which final payment is conditioned shall include, but not be limited to the following: (a) Contractor's complete and satisfactory performance of its obligations for which final payment is sought; (b) timely submission to the Department of the final close-out or expenditure report required under this contract; and (c) timely submission of the audit report required under this contract. Prior to Contractor's performance of the above -listed obliga- tions, the Department may, at its sole option and in its sole discretion, withhold the final payment, in whole or in part, until such time as Department has determined from such final report and/or audit the final amount owing under this contract. Within a reasonable time following the determination by the Department of the final amount owing under this contract, the Department shall pay to Contractor the amount determined by Department to be the final amount owing to Contractor under this contract. 7. Notwithstanding any other provision of this contract, it is expressly understood and agreed by the parties hereto that the Department may, at its sole option and its sole discretion, offset any amounts withheld or otherwise owing to the Contractor hereunder against any amount owing but unpaid by Contractor to Department arising from this or any other contract between De- partment and Contractor. 8. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Subsection B or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provisions of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. C. Excess Payments Contractor shall be liable to Department for any amount paid under Subsection B.of this Section IV for which Department was not liable to Contractor. Upon termination of this contract and in the event Department has made payments to Contractor in excess of Department's liability hereunder as measured in accordance with this Section IV, Contractor shall promptly repay to Department the amount of such excess payments. Page 11 of 18 pages ! ll. ilaxi.uum U,:parf.ment I it,tri 1 it.y Notwithstanding ally otlier l-irtivisioi`of this C0lILrracL, Ueparl,wenl: shall not be liable hereunder to Contractor in a cumulative amount yr•t�ater llwiii Twenty Two Thousand. Seven.. Hundred_ Ninety. Three. and__-. No/100 Dollars-_($22.,793.00).:.__ Section Vti• Area Served. A. .The Contractor shall conduct weatherization activities pursuant to this contract; and subject to the provisions of Subsections 6 and C of this Section V, DOE regulations and Department directives in the following counties of Texas only: B. The Contractor -shall not operate activities under this contract in any county of aljiich it has not obtained authorization to do so either through ge.ographic.restrictions in the Contractor's corpo- ttlt,v charter or -'in the ahsenv:e of an agrpcment as specified in Sub- sec.t.ion-C of this Suction V. C. Tim Contractor shall obtain a r•rritten a(Ireement from the chief elected official of -each county the Contractor -intends to serve, other than the CSA Fecognized count(y)ies, that such count(y)ies wish to be included in the Contractor's Weatherization Assistance for Low -Income Persons Program. Section VI. Audit ' The Contractor shall furnish Department with three (3) copies of an audit report, such audit conducted by an independent certified public accountant covering funds awarded under th.is contract for the contract period, within 90 calendar days of termination of this contract. The audit must ascertain the effectiveness of the financial management systems and internal procedures that have been established to meet the terms and conditions of the contract. The audit shall be made in accordance with generally accepted auditing standards including the standards,published by the General Accountinq Office, "Standards for Audit of Governmental Organizations, Programs, Activities and Functions." Section VII. Political Activity None of the performances rendered hereunder shall'Involve, and no portion of the funds received by the Contractor hereunder shall be used for, any par- tisan political activity•.(including, but not limited to, an activity to further the election or defeat of'any candidate for fiublic office) or any activity under- taken to influence the passage, defeat or final content of legislation. it Section VIII. Non -Discrimination and EcEual__Opportunity The Contractor agrees that it shall comply with the following Equal Employ- ment Opportunity (EEO) Requirements: A. The Contractor covenants that no person with responsibilities in tine operation of any program funded under this contract will discriminate iwith respect to any employee, program participant or any applicant for i participation in such program because of race, color, religion, sex, i national origin, age'; handicap or political affiliation or belief. B. The Cont}actor shall comply with Title VI of the Civil Rights Act of 1964, as amended, (42 USC 2000 (0)), which:is incorporated herein by this reference as if fully rewritten, and covenants that no person in the United States shall, on the grounds of race, color, sex, national I origin, age, handicap or political affiliation or belief be excluded j from participation in, be denied the benefits of, or be otherwise sub- jected to discrimination under any program or activity for which the Contractor herein receives financial assistance, and will immediately take'any measures necessary to effectuate this requirement. C. The Contractor shall comply with Title VII of the Civil Rights Act of 1964, (42 USC 2000 (e)) as amended, and Executive Orders 11246 and 11315, which ,rrt incorl :,rat(d herein by i his refer (ncc as i f fully ri::r•ith,n. doll tovenanl.s that no vwplayr"• or applicant for employment. vri I I i,r .di ;t:ririin-(Led a+Iairrst: becaus,.• of r•.Ir P, Color, sex, rol igion, or, n:rtioual origin. Page 12 of 18 pa(Ws D. The Contractor shall comply with the Equal Pay Act of 1963 (29 IISC 201-219), as amended, which is incorporated herein by this reference as if fully rewritten, and covenants that it will not practice wage differentiation in employment based on sex. E. The Contractor shall comply with the Age Discrimination in Employment Act, as amended (29 USC 621-634) and Executive Order 11141, which are incorporated herein by this reference as if fully rewritten, and cove- nants that it will not practice discrimination against an employee or applicant for employment on the basis of age. The Contractor shall not discriminate in employment against any person because of his or her age or specify in solicitations or advertisements a maximum age limit except and unless it is based upon a bona fide occupational qualification, retirement plan or statutory requirement. The Contractor shall take Affirmative Action to ensure that applicants are employed, and that employees are treated during employment, with- out regard to their race, color, sex, religion, national origin. or condition of physical or mental handicaps, provided, however, in the instance of a handicapped person, that the person's handicap does not prevent that person from doing the job that person would be hired to perform. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor also covenants to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the Department's EEO Officer setting forth the provisions of this non-discrimination clause. G. The Contractor covenants that it will develop and implement a written Affirmative Action Plan to institute the provision of Subsections A-F above, which shall include (1) a utilization analysis, (2) goals and timetables, and (3) action -oriented programs. Contractor also cove- nants that it will comply with any requirements for changes to said plan requested by Department's EEO Officer in accordance with appli- cable law. H. The Contractor shall, in all solicitation or advertisements for employ- ment placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or condition of physical or mental handicaps, provided, however, in the instance of a handicapped person, that the person's handicap does not prevent that person from doing the job that person would be hired to perform. I. The Contractor shall include the provisions of this Section in every subcontract for performance funded under this contract so that such provisions will be binding upon each subcontractor. The Contractor will take such action with respect to any subcontract as the Department may direct to enforce such provisions, including action for non-compliance. Section IX. Affirmative Action for Disabled Veterans of the Vietnam Area [This section is applicable pursuant to 41 C.F.R. §60-250 (1977) only if the Department's maximum funding obligation under subsection (d) of Section IV is $10,000.00 or more. The application of this section shall be governed by the regulations found at 41 C.F.R. §60-250.] A. The Contractor agrees that it shall comply with Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the rules, regulations and orders relating thereto which are incorporated herein by this reference as if fully rewritten, and covenants that it will take affirmative action to employ and advance in employment qualified veterans and disabled vete- rans of the Vietnam era and will not discriminate in an employment situa- tion against mentally or physically Handicapped or disabled veterans or against otherwise qualified Vietnam Era Veterans, if such individuals are capable of performing the work involved in the employment situation. B. The Contractor will include the provisions of this Section in every sub- contract or purchase order of $10,000.00 or more unless exempted by rules, regulations, or orders of the Secretary of the United States Department of Labor, so that such provisions will be binding upon each subcontractor Page 13 of 18 pages or vendor. The Contractor will take such action with respect to any sub- contract or purchase order as the Department may direct to enforce such provisions, including action for noncompliance. Section X. Affirmative Action for Handicapped [This Section is applicable pursuant to 41 C.F.R. § 60-741 (1978), if the Department's maximum funding obligation under Subsection (D) of Section IV is $2,500.00 or more. The application of this section shall be governed by the regulations found at 41 C.F.R. §60-741.] A. Contractor agrees that it shall comply with Section 503 of the Rehabilitation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93-516, and the rules, regulations and orders relating thereto, which are in- corporated herein by this reference as it fully rewritten, and covenants that it will take affirmative action to employ and advance in employment qualified handicapped individuals and will not discriminate in an employment situation against handi- capped individuals if such individuals are capable of perfor- ming the work involved in the employment situation. The Contractor will include the provisions of this section in every subcontract or purchase order of $2,500.00 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 503 of the Rehabilitation Act of 1973, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase as the Department may direct to enforce such provisions, including action for noncompliance. Section XI Department Monitoring The Contractor shall give the department and the [name of federal funding agency, if any] through its [their] authorized representatives, access to and the right to examine any or all pertinent records, files, books, or other written materials relating to this contract and maintained by the Contractor or any person or other entity with whom any portion of the performance hereunder has been sub- contracted. The Contractor shall give the Department and the [name of federal funding agency, if any] the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. Section XII Amendments A. Any alterations or additions to, or deletions from, the terms of this contract that are required by changes in federal laws or federal regulations promulgated pursuant thereto are automatically incorporated into this contract :without written amendment hereto and shall go into effect on the date designated by the law or regulation. B. If the Contractor cannot conform to the changes required by federal laws, or federal regulations promulgated pursuant thereto, the Contractor shall notify the Department in writing no later than the effective date of such law or regula- tions that it cannot so conform. The Department shall then establish the standards for the termination of the Contractor's programs and shall terminate the contract as soon as practicable. C. It is understood and agreed by the parties hereto that this contract must at all times be in compliance with the regulations promulgated under the Act and that changes, interpretations, and clarifications of the regulations to 'be made by DOE during the contract period will have the effect of qualifying the .terms of this contract. It is therefore agreed by the parties hereto that this .4pntract may be amended in the following manner. The Department shall have the fight to propose an amendment that will be effective immediately as if written herein and subscribed by the parties, unless the Contractor promptly notifies irhe Department in writing of its rejection of the proposed amendment, in which case this contract will be terminated without any further action by either party; such termination will be effective as of the date on which the Contractor sends Ats written rejection. This amendment proposal procedure will be an exception to Subsection D of this Section, insofar as the subsection requires all amend- ments to this contract to be in writing and executed by both parties hereto. Droposed amendments under the procedure must be announced by the issuance of written Economic Opportunity Directives. An Economic Opportunity Directive .iust be so denominated, must be uniform throughout the State, must be issued by ;: Page 14 of 18 pages 'the Economic Opportunity Division Director of the Department, and must not alter the terms of this contract so as to relieve the Department of any obligation under Section IV of reimbursing costs already incurred by the Contractor by the date'of the issuance of the Directive, if such costs would have been liabilities of the Department under Section IV prior to the issuance of the Directive. D. Except as provided elsewhere in this contract, any alteration or addi- tion to or deletion from the terms of this contract shall be by amendment in writing and executed by both parties hereto. Section XIII. Termination Either of the parties hereto shall have the right in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered under terms hereof by notifying the other party here- to in writing of such termination at least thirty (30) days prior to effective date of such termination. Should neither party exercise its right to terminate this contract shall terminate in accordance with provisions of Section II or Subsection H of Section VIII, or Section XVII. Section XIV. Maintenance of Effort The Contractor agrees that the funds and resources provided the Contractor under the terms of this contract will be used solely for expenditures in payment for the performance required of Contractor hereunder and that such funds and resources will in no way be substituted for funds and resources from other sources nor in any way serve to reduce the resources, services or other benefits which would have been available to, or provided through, the Contractor had this contract not been executed. Section XV. Independent Contractor It is expressly understood and agreed by both parties hereto that Department is contracting with Contractor as an independent contractor, and that Contractor, as such, agrees to hold the Department harmless and indemnify it from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with, the services to be performed by Contractor under this contract. Section XVI. Compliance with Law Contractor shall comply with all applicable laws, ordinances, codes and regu- lations of local, state, and federal governments. Section XVII. Conflict of Interest A. The Contractor covenants that neither it nor any employee or member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed as a member of its governing body. B. The Contractor shall establish and enforce safeguards to prevent members of its governing body or its staff members,- subcontractors or employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves, or others, particularly those with which they have family,.business or other ties. C. No officer, member, or employee of Department or Contractor and no member of their governing bodies, and no other public official of the governing body of the state or locality or localities in which the contract is being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this contract shall (1) participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he has a direct or indirect interest; or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. Page 15 of 18 pages 'Section XVIII. Subcontracts. A. The Contractor shall subcontract for the performances described in this contract only after the Contractor has submitted a subcontract informa- tion summary, on a form prescribed by Department, for each proposed sub- contract and the Department has given Contractor prior written approval, on the basis of the information submitted, of Contractor's intent to enter such proposed subcontract. Such approval by Department must be in writing and must be obtained by Contractor prior to the execution of such subcontract(s). The subcontract information summary form is a report required by Department_ in accordance with Section III(I), Record - keeping and Reports, of this contract, and if Contractor fails to submit such report in the manner specified by Department, Contractor will be sub- ject to the sanctions contained in Section IV,Department Obligations, inclu- ding subsection B(3) of that Section. Contractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to subcontractors. B. In no event shall any provision of this Section, specifically inclu- ding the requirement that Contractor obtain the prior approval of Department on Contractor's subcontracts, be construed as relieving Contractor of the responsibility for insuring that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this contract as if the performances ren- dered were rendered by Contractor hereunder. C. The Contractor agrees that it will not execute any subcontract for performances hereunder pursuant to which the funds and resources pro- vided the subcontractor under the terms of the subcontract would be substituted for funds and resources from other sources or would in any way serve to reduce the resources, services or the benefits which would have been available to, or provided through, the Contractor or subcontractor had such subcontract not been executed. D. the Contractor agrees that in all subcontracts it executes for perfor- mances hereunder the contractual relationship shall be governed by the principles stated in the "Conflict of Interest" and "Nepotism" provi- sions herein and that all subcontracts shall contractually bind Con- tractor and its subcontractors to abide by such principles. E. Departmental approval under this Section does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's perfor- mance under this contract. Department maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under this Section, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. Contractor will ensure that its subcontractors, if any, do not contract for any performance or partial performance of any activity or service provided or to be provided through this contract which: has been paid to subcontractor or is subject to payment to subcontractor; or 2. has been reimbursed to subcontractor or is subject to reimbursement to subcontractor, by any source other than Contractor or subcontractor. Section XIX. Legal Authority The Contractor assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken giving the Contractor legal authority to enter into this contract, receive the funds authorized by this contract and to perform the services the Con- tractor has obligated itself to perform under this contract. The person or persons signing or executing this contract on behalf of the Contractor, or representing themselves as signing and executing this contract on behalf of the Contractor, do hereby warrant and guarantee that he or they have been duly authorized by the Contractor to execute this contract on behalf of the Contractor and to validly and legally bind the Contractor to all the terms, per- formances and provisions herein set forth. Page 16 of 18 pages Ihcr Department shall have the riy_hi, at iLs option, to either temporarily susprnd or permanently terminai.e this contract, if there is a dispute to the legal authority of the Contractor or the person sinning the contract to enter this contract. The Contractor is liable to the Department for any money it has received from the Department for performance of the provisions of this contract, if the Department has suspended or terminated this contract for reasons enumerated in this Section. Section XX. Nepotism A. Neither the Contractor nor any of its subcontractors shall hire any person in an administrative capacity or staff position funded under this contract if a member of such person's immediate family is employed in an administrative capacity for the Contractor or any of its subcontractors. 1. fur the purposes of this section, the term "member of the immediate fainily" includes: wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in- law, son-in-law, daughter-in-law, mother-in-law, father-in- law, aunt, uncle, niece, nephew, stepparent, stepchild, grand- father, grandmother, grandson, and granddaughter. For the purposes of this section, the term "administrative capacity" includes those persons who have overall administra- tive responsibility for the activities and performances funded under this contract, including all elected and appointed offi- cials who have any responsibility for the obtaining of and/or approval of this contract, as well as other officials who have influence or control over the administration of the activities or performance funded under this contract, such as the project director, deputy director, or any persons having selection, hiring, placement, or supervisory responsibilities for the activities and performances funded under this contract. 3. For the purposes of this section, the term "staff position" means any employment or position funded under this contract. B. The Contractor assures that it shall in no way exercise its authority in the performance of this contract to confer any monetary or other benefit arising directly or indirectly from this contract upon any member of the immediate family of persons employed in an adrninistra- tive capacity.for the Contractor or any of its subcontractors. C. The Contractor assures that it shall in no way exercise its authority in the performance of this contract in a manner that would violate the State law relating to nepotism (Article 5996a, TEX. REV. CIV. STAT. Ann.). Section XXI. Oral and Written Agreements A. All oral or written agreements, relating to the subject matter of this contract and which were made prior to the date of commencement spe�i fied in Section III, between the Contractor and the Department have been reduced to writing and are contained herein. B. The below enumerated and denominated attachments of the number of pages indicated are hereby made a part of this contract. 1. Attachment A - Low -Income Weatherization (Monthly Report Supplement) EIA-29A, 2. Attachment B - Financial Status Report - SF-269. WITNESS'OUR BANDS EFFECTIVE THIS FIRST DAY OF SEPTEMBER, 1979. W ZD6e*st.Mayor. City of Lubbock City of Lubbock Community Services Department 18 pages AT EST:.` / .! elyn GdHga, City Secretary -Treasurer Page 17 of Approved and accepted on behalf of the Texas Department of Community. Affairs, an agency of the State of Texas. Omar Harvey Executive Director Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of the Department. REVIEWED: DIVISION DIRECTOR LEGAL DIVISION FISCAL DIVISION Page 18 of 18 pages