Loading...
HomeMy WebLinkAboutResolution - 437 - Contract - TDCA - Training & Technical Assistance, Weatherization Program - 03_13_1980RESOLUTION #437 - 3/13/80 DGV:cl 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 between the City of Lubbock and the Texas Department of Community Affairs for Training and Technical Assistance for Weatherization Assistance for Low -Income Persons, 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 13th day of March ,1980. DTRK WEST, MAYOR ATTEST: E elyn Gaf a; ity Selfre reasurer APPROVED AS TO -CONTENT: Peter Nuckolls, Administrative Assistant Public Services APPROVED AS TO FORM: D.n.�ndiver, First A..is�t.ntity Attorney Ta CA Q L? U TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT FOR TRAINING AND TECHNICAL ASSISTANCE FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS CONTRACTORS 1979 - 1980 PROGRAM STATE OF TEXAS a COUNTY OF TRAVIS [ Section I. Parties to Contract This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agenty of the State of Texas, hereinafter referred to as "Department" and City of Lubbock, Community Services Department hereinafter referred to as "Contractor. The parties hereto have severally and collectively agreed and be 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 February 1, 1980 and shall terminate November 30, 1980, such period referred to herein as "contract period," unless expressly provided otherwise herein. Section III. Contractor Performance A. PURPOSE Funds received pursuant to this contract shall be used for the development and implementation of procedures and tech- niques for increasing the effectiveness of weatherization assistance to the dwelling units of low-income persons. B. ADMINISTRATION OF CONTRACT _ This contract shall be administered in accordance with the following: 1. Federal Management Circular 73-2, 34 CFR 251, entitled "Audit on Federal Operations and Programs by Executive Branch Agencies;" 2. Federal Management Circular 74-4, 34 CFR 255, entitled "Cost Principles Applicable to Grants and Contracts with State and Local Governments," 3. Office of Management and Budget Circular A-102, 34 CFR 256, entitled "Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments;". 4. Office of Management and Budget Circular A-89, entitled "Catalog of Federal Domestic Assistance;" 5. Office of Management and Budget Circular A-95, entitled "Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects;" Page 1 of 13 6. Office of Management and Budget Circular A-97, entitled "Rules and Regulations Permitting Federal Agencies to Provide Specialized or Technical Services to State and Local Units of Government under Title III of the Inter- governmental Coordination Act of 1968;" 7. Treasury Circular 1082, entitled "Notification to States of Grant -in -Aid Information;" and 8. 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. ALLOWABLE EXPENDITURES Contractor may use the funds allocated under this contract for the following items: 1. Training materials (manuals, films, slide presentations, and brochures) which are directly related to the purpose provided in Section III.A. above and audiovisual equip- ment which is required for directly accomplishing said purpose. 2. Training and Technical Assistance workshops (including travel and per diem for participants), with said work- shops, if provided by Contractor, to be conducted only in the following counties of Texas, except in the event that Contractor has received prior written approval of Department to conduct said workshops in other counties of Texas: Lubbock Any said travel and per them expenses to be paid by Contractor for participants shall be subject to the provisions of Section XX, Travel,. and under no circum- stances shall Contractor's liabilities accrued for said participants' travel expenses exceed participants' actual costs incurred for travel. 3. On -site training of Contractor's work crews. 4. Salaries of individuals who provide training and tech- nical assistance to work crews, foremen, project mana- gers, outreach workers. 5. Development of the following: - a. record -keeping and accounting systems, including but not limited to, purchase procedures and in- ventory control; b. filing systems, limited to client files, informa- tion files, and reporting forms; c. Systems and strategies to measure program cost- effectiveness; d. weatherization product evaluation information, limited to cost, restriction, useful life, availability, and maintenance requirements. 6. Consumer education, limited to informing occupants of weatherized homes how to maximize energy savings. Contractor shall not make any expenditure on an item pursuant to the purpose provided in Section III.A. of this contract if said item is not provided in this Section III.C., except when Contractor has received the prior written approval of Department to make said expenditure. Page 2 of 13 D. NON -ALLOWABLE EXPENDITURES No expenditures by Contractor shall be an allowable coAt if made for: a. salaries of work crews b. any activity not directly related to the Weatheri- zation Assistance Program c. any activity not specified in Contractor's approved Training and Technical Assistance Plan as required under Subsection E of this Section III. E. Contractor shall submit to Department for approval a Training and Technical Assistance Plan and receive in writing Department's approval of said plan prior to the expenditure of any funds under this contract. Said plan shall specify in detail approaches, methods, and projected costs of Contractor in acquiring weatherization training and technical assistance. In the event Contractor deter- mines to subcontract to acquire said training and techni- cal assistance, Contractor shall fully and satisfactorily comply with the provisions of Section XVI, Subcontracts, of this contract prior to so subcontracting. F. RECORD KEEPING 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 such other records as Department deems necessary for an effective audit and performance evaluation. Such record keeping shall be in accordance with OMB Circular A-102 and any further requirements of this regulation or which DOE may otherwise establish under the terms and conditions of the grant to Depart- ment. 2. Contractor shall submit to the Department by the 15th of each month,four (4) copies of the state of Texas Purchase Voucher covering expenditures for the previous month, if expenditures were made. Section IV. Department Financial Obligations A. Measure of Liability 1. In consideration of full and satisfactory performance. here- under, 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 expen- ditures made in violation of regulations promulgated by DOE pursuant to the Energy Conservation In Existing Buildings Act of 1976, as amended, and hereinafter re- ferred to as the Act, or in violation of any amendments of the Act: Department shall not be liable to Contractor for costs incurred or performances rendered unless such costs and performances are strictly in accordance with the terms of this contract, including but not limited to terms governing Contractor's promised performance, the description of that performance in Section III of this contract, and all amendments hereto signed and agreed to by both Department and Contractor or re- sulting from Contractor's acceptance of proposed Page 3 of 13 amendments in the manner prescribed in Section X of this contract. C. 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 liabilities under this sub- section, 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 Contractor in writing to that effect. 2. In addition, upon full and satisfactory completion of Con- tractor's performance hereunder through November 30, 1980, title to all training and technical assistance materials and audiovisual equipment purchased by Contractor in accordance with Section III(C) 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 incurred or performances the commencement of this tion of this contract. liable to Contractor for costs rendered by Contractor before contract or after the termina- 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 payment 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. 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 A. Within a reasonable time after receipt 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 lia- bilities accrued as specified in Subsection A of this Section but unpaid hereunder. 2. Notwithstanding the provisions of Paragraph 1 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. 3. In addition to the limitation on payments imposed pursuant to Paragraph 2 of this Subsection B. it is expressly under- stood and agreed by the parties hereto that if the Contractor .fails to submit to Department in a timely and satisfactory manner any report required by this contract or any other contract the Department has with the Contractor, the Depart- ment may, at its sole option and in its sole discretion, withhold any or all payments otherwise due and owing Con- tractor hereunder. If Department withholds such payments, it shall notify the Contractor in writing of its decision Page 4 of 13 and the reasons .therefor.. Payments withheld pursuant to this Paragraph may be held by the Department until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. 4. In addition to the limitations on payment imposed pur- suant to Paragraphs 2 and 3 of this Subsection B, it is expressly understood and agreed by the parties hereto that Department may, at its sole option and in its sole discretion, withhold from payments to Contractor any amount not exceeding fifteen percent (15%)of each claim by Contractor for reimbursement hereunder which Depart- ment would otherwise be obligated to pay to Contractor 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 contract 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 agreement of Department and Contractor or through administrative or judicial deter- mination. Within thirty (30) days 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 obligations, the Department_ may, et 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 thirty (30) days following the determination by the Depart- ment of the final amount owing under this contract, the Department shall pay to Contractor the amount deter- mined by Department to be the final amount owing to Con- tractor under this contract. 6. 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 in 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 Department and Contractor. 7. 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 pre- clude 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 Page 5 of 13 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 lia- ble 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. . D. MAXIMUM DEPARTMENT LIABILITY Notwithstanding any other provision of this contract, Department shall not be liable hereunder to Contractor in a cumulative amount �reater than One Thousand Eight Hundred and No/100 Dollars $1,800.00) SECTION V. Area Served A. The Contractor shall conduct training and technical assistance activities pursuant to this contract, and subject to the provi- sions of Subsections B and C of this Section V, DOE regulations and Department directives in the following counties of Texas only, except in the event Contractor has received prior written Depart- ment approval under Section III (C.2) of this contract: Lubbock B. The Contractor shall not operate activities under this contract in any county in which it has not obtained authorization to do so either through geographic restrictions in the Contractor's corpo- rate charter or in the absence of an agreement as specified in Sub- section C of this Section V. C. The Contractor shall obtain a written agreement from the chief elected official of each county the Contractor intends to serve, other than the CSA recognized 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 A separate independent audit by Contractor of funds awarded under this contract is not required by Department. The audit required by Department of Contractor's funds awarded under the Weatherization Assistance For Low -Income Persons Program for 1980 shall serve as the audit required for the funds awarded under this contract, except that said audit shall contain a separate schedule of expen- ditures made from funds awarded under this contract. 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 partisan political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. Page 6 of 13 SECTION VIII. Non -Discrimination and Equal Opportunity The Contractor agrees that it shall comply with the following Equal - Opportunity (EEO) Requirements: A. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or, national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that partici- pants are treated during employment without regard to their race, religion, color, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, up- grading, demotion or transfers; recruitment or recruitment adver- tising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice ship. The Contractor agrees to post, in conspicuous places available to participants and applicants for employment, notices setting forth the requirements of these non-discrimination provi- sions. B. The Contractor shall state in all solicitations or advertisements for participants and employees placed by or on behalf of the Contractor that all qualified applicants will receive considera- tion for employment without regard to race, religion, color, sex, age, or national origin. C. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, advising the labor union or workers' representative of the Contractor's commitments to equal employment opportunity and affirmative action, and shall post copies of the notice in conspicuous places available to partici- pants and applicants for employment. D. The Contractor shall comply with all applicable equal opportunity laws, other employment laws, rules, regulations and orders, on federal, state, and local levels.' E. The Contractor shall furnish all information and reports and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with equal opportunity and affirmative action. F. In the event of the Contractor's non-compliance with equal oppor- tunity conditions of this contract, the Department may cancel, terminate, or suspend this contract in whole or in part; the Contractor may be declared ineligible for further contracts and such other sanctions may be imposed and remedies invoked as other- wise provided by law. G. The Contractor shall include all of subsections (A) through (G) in every eligible subcontract or purchase order so that such pro- visions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract as the Department may direct to enforce such provisions, including action for non-compliance. H. The Contractor covenants that no person with responsibilities in the operation of any program funded under this contract will dis- criminate with respect to any employee, program participant, or any applicant for participation in such program, because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. I. The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. ?i 2000[d]), as amended, which is incorporated herein by this reference as if fully rewritten, and covenants Page 7 of 13 that no person in the United States shall, on the grounds of race, color, sex, national origin, age, handicap, or political affiliation or belief be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimina- tion under any program or activity for which the Contractor here- in receives financial assistance, and will immediately take any measures necessary to effectuate this requirement. J. The Contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000[e]),as amended, and Executive Orders 11246 and 11375, which are incorporated herein by this reference as if fully rewritten, and covenants that no employee or applicant for employment will be discriminated against because of race, color, sex, religion, or national origin. K. The Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. §§ 201 through 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. L. The Contractor shall comply with the Age Discrimination In Employ- ment Act (29 U.S.C. §§ 621 through 634), as amended, and Executive Order 11141, which are incorporated herein by this reference as if fully rewritten, and covenants that it will not practice discrimina- tion 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 appli- cants are employed, and that employees are treated during employ- ment, without 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 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. Section IX. Department Monitoring The Contractor shall give the Department and the Department of Energy through 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 or any person or other. entity with whom any portion of the performance hereunder has been subcontracted. The Contractor shall give the Department and the Depart- ment of Energy the right at all reasonable times to inspect or other- wise evaluate the work performed or being performed hereunder and the premises in which it is being performed. Section X. 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 regula- tions 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. Page 8 of 13 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 regulations 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 possible. 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 regu- lations 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 contract may be amended in the following manner. The Department shall have the right to propose an amendment that will be effective immediately as if written herein and subscribed by the parties, unless the Contractor promptly notifies the 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 its written rejection. This amendment proposal procedure will be an excep- tion to Subsection D of this Section, insofar as the subsection requires all amendments to this contract to be in writing and executed by both parties hereto. Proposed amendments under the procedure must be announced by the issuance of written Department Directives. A Department Directive must be so denominated, must be uniform throughout the State, must be issued by the 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 Con- tractor 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 addition to or deletion from the terms of this contract shall be by amendment in writing and executed by both parties hereto. Section XI. 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 notifyin the other party hereto in writing of such termination at least thirty 730) days prior to effective date of such termination. Should neither party exercise its right to terminate this contract shall terminate in accor- dance with provisions of Section II, Section X or Section XVII, Section XII. Maintenance of Effort The Contractor agrees that the funds and resources provided the Con- tractor under the terms of this contract will be used solely .for expendi- tures in payment for the, performance required of Contractor hereund r and that such funds and resources will in no way be substituted for funs 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 pro- vided through, the Contractor had this contract not been executed. Section XIII. 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 aginst 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 connec- tion with, the services to be performed by Contractor under this contract. Page 9 of 13 Section XIV. Compliance with Law Contractor shall comply with all applicable laws, ordinances, codes and regulations of local,state, and federal governments. Section XV. Conflict of Interest A. The Contractor covenant's 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 suing 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 responsi- bilities in the review or approval of the undertaking or carrying out of this contract shall 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 have any interest, direct or indirect, in this contract or the proceeds thereof. Section XVI. Subcontracts A. The Contractor shall subcontract for the performances described in this contract only after the Contractor has submitted a subcontract information summary, on a form prescribed by Department, for each proposed subcontract 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(F), Recordkeeping and Reports, of this con- tract, and if Contractor fails to submit such report in the manner specified by Department, Contractor will be subject to the sanctions contained in Section IV, Department Financtal_Obligations. 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 Depart- ment 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 pro- visions of this contract as if the performances rendered 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 provided 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 avail- able 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" provisions herein and that all subcontracts shall contractually bind Contractor and its subcontractors to abideby such principles. Page 10 of 13 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. F. 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: 1. 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 XVII. Leoal Authorit 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 autho- rity to enter into this contract, receive the funds authorized by this contract and to perform the services the Contractor 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, performances and provisions herein set forth. The Department shall have the right, at its option, to either tem- porarily suspend or permanently terminate this contract, if there is a dis- pute as to the legal authority of the Contractor or the person signing the contract to enter this contract. The Contractor is liable to the Department for any money it has received from the Departent for perfor- mance of the provisions of this contract, if the Department has suspended or terminated this contract for reasons enumerated in this Section. Section XVIII. 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. For the purposes of this section, the term "member of the immediate family" 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. 2. For the purposes of this section, the term "administrative capacity" includes those persons who have overall adminis- trative responsibility for the activities and performances funded under this contract, including all elected and appoin- ted officials who have any responsibility for the obtaining of and/or approval of this contract, as well as other offi- cials 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 person having selection, hiring, placement, or supervisory responsi- bilities for the activities and performances funded under this contract. Page11 of 13 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 bene- fit arising directly or indirectly from this contract upon any member of the immediate family of persons employed in an administrative 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 XIX. Oral and Written Agreemen-ts A. All oral or written agreements, relating to the subject mgtter of this contract and which were made prior to the date of commencement specified in Section III, between the Contractor and the Department have been reduced to writing and are contained herein. B. The below enumerated and denominated attachment indicated is hereby made a part of this contract. Attachment A - Financial Status Report - SF-269. Section XX. Travel Except as otherwise provided herein, the Department shall reimburse the Contractor for travel and per diem expenses at the rates established by law for the Department's employees in classified positions. At the Contractor's option, it may submit to the Department a "Local Travel Policy" for use in lieu of the Department's policy for travel and per diem. The Contractor's "Local Travel Policy" shall consist of a written statement delineating the rates which the Contractor shall use in computing travel and per diem expenses of its employees. The Department shall review any "Local Travel Policy" submitted by the Contractor and shall approve it only in the event that the Department determines that such "Local Travel Policy" is reasonable and otherwise acceptable for the purposes of this contract. Upon approval, the Department shall reimburse the Contractor for travel and per diem expenses at rates which are in accordance with the Contractor's "Local Travel Policy." During the period, if any, subsequent to the commencement date of this contract, but before approval of the "Local Travel Policy" by the Department, the Department shall reimburse the Contractor for travel and per diem expenses at the rates established by law for the Department's employees in classified positions. The Contractor must have the prior written approval of the Depart- ment before it may use funds under this contract to pay for travel and per diem, except that travel within the counties specified in Section V(a) of this contract which is necessary for the performance of this contract by Contractor shall not require prior Departmental approval. Payment for travel shall be made only for those administrative staff personnel of the Contractor who incur travel costs in the performance of Contractor's obligations hereunder. Notwithstanding any other provision of this Section, this Section is expressly made subject to the provisions of Section IV, Department Finan- cial Obligations, and under no circumstances will Department's liabilities accrued hereunder for travel costs exceed Contractor's actual costs in- curred for travel. Page 12 of 13 r WITNESS OUR HANDS EFFECTIVE THIS FIRST DAY OF FEBRUARY, 1980. D'rk West, Mayor City of Lubbock, Community Services Department ATTEST: J Evelyn Gaf a, City Sec et, ry reasurer APPROVED AS TO CONTENT: �e� e eequ�II Denzel Pe ifull, Director of Public Services APPRQVED AS TO FORM: A Do andiver, Fir\1st Assistant City Attorney Approved and accepted on behalf of the Texas Department of Community Affairs, an agency of the State of Texas. SIDNEY M. WIESER, 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 K FISCAL DIVISION Page 13 of 13 Compimller's Form 3A06.1.01 (Rev, 0.77) STATE OF TEXAS PURCHASE VOUCHER a. Trans Code b. Batch No. c. Agenry No. d. 1 090314 i 7 g f. Comptroller's Voucher No. H is g. Agency Name mTEXAS DEPT.OF COMMUNITY AFFAIRS Order ate PA. 5-131K Camel Station Austh TX TiT11 27 j. Invoice Date k. Voucher Amount 1 1. Payee Reference No, 10 - 1543. - 4N 4g Sa 60 O n. PM q. ►. a. It.u. 16 - 22' 24 Fund FY Cott Comp. Agency o. Comptroller's Vendor I.D. No. . Agency Voucher No. No. -Center Object Object 2526 27 31 32 33 47 t 67 - ,� .,., x. Pay To: (Name, Address. City, State, Zip) [Agency Use) Y. 24 30 J 42 M. Board of Control o. 73 74 ft w. Amount Vendor 46 62 Invoice No. 74 bb. IXVEDATE LIVERY I DESCRIPTION OF ARTICLES OR SERVICES I QUANTITY I� PRICE IUNITdd AMOUNT VENDOR CERTIFICATION— ee' AGENCY CERTIFICATION— N' I certify that the above services were rendered, or goods received, and that they correspond In every particular with the contract under which they wars I, do Procured and that the invoice is true, and unpaid. hereby certify that I am (Title of person certifying) Name Title and that 1 am duly authorized to make this certification for and on behalf of Name Title Date Approved for Payment fg (Name of payee company/claimant) 1 further certify that the attached invoice is correct and that it corresponds in every particular with the supplies and/or services contracted for. I Name Title further certify that the account is true, correct, and unpaid. Name PRICES ABOVE ARE APPROVED By Signature Board of Control ATTACHMENT A Page 1 of 1