HomeMy WebLinkAboutResolution - 1720 - Contract - TDCA - Weatherization Program - 06_14_1984�f
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RESOLUTION
RESOLUTION 1720 - 6 /14/84
WHEREAS, the City of Lubbock has been offered a contract from the
Texas Department of Community Affairs to administer a program to weatherize
the homes of low income families in Lubbock County; and
WHEREAS, the City Council of the City of Lubbock believes it to be in
the best interest of the health, safety and welfare of the citizens of the
County of Lubbock to make it possible for low income families to conserve,
energy and to reduce energy costs; NOW THEREFORE:
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 a contract and related documents with the Texas
Department of Community Affairs in the amount of $31,264 for the period of
May 1, 1984, through August 31, 1984. A copy of said contract is attached
hereto to 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 14th day of June , 1984.
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ATTEST:
City Secretary Treas"I'v(� /
"APPROVED AS TO CONTENT:
Vaughn H drie, Director
of Com nity Relations
APPROVED AS TO FORM:
Pic le G isar, stunt City Attorney
y ra: RESOLUTION. 1720 - 6/14/84
TDCA
TEXAS DEPARTMENT OF COMMUNITY APFAIRS
CONTRACT FOR
WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSON
STATE OF' TEXAS
COUNTY OF TRAVIS
SECTION 1. PARTIES TO THE CONTRACT
This contract is made and entered into by and between the Texas Department of
Community Affairs, an agency 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 an
collectively agreed and by the execution hereof are bound to the mutual
obligations and to the performance and accomplishment of the tasks described
herein.
SECTION 2. CONTRACT PERIOD
This contract shall commence on May 1, 1984, and shall terminate on August 31,
1984.
SECTION 3. CONTRACTOR PERFORMANCE
A. Contractor shall, in a satisfactory manner as determined by Department,
develop and implement a weatherization assistance program to assist in
achieving a healthful dwelling environment and maximum 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.
B. Such program shall be undertaken in accordance with the provisions of
Energy Conservation in Existing Buildings Act of 1976 (as amended) 42 USCA
6851 et seq., hereinafter referred to as "the Act", with regulations
promulgated pursuant thereto and codified at 10 CFR Part 440, with the
terms of this contract, and with policies and procedures outlined by
Department.
C. In undertaking performances hereunder, Contractor shall comply with the
provisions of the following:
(1) OMB Circular A-87 entitled "Cost Principles Applicable to Grants and
Contracts for State and Local Governments";
(2) OMB Circular A-102 entitled "Uniform Administrative Requirements for
Grants -in -Aid to State and Local Governments";
(3) such procedures applicable to the Weatherization Program Re ulations
which the U.S. Department of Energy (hereinafter called DOE may
may
prescribe from time to time for the administration of grants;
Page 1 of 16
(4) such other requirements as are referenced in Paragraph 440.2 of the
Weatherization Program Regulations to the extent that such
requirements are applicable to Contractor; and
(5) all applicable laws, ordinances, codes, and regulations of local,
. state, and federal governments.
D. Contractor shall weatherize a minimum of 28 eligible dwelling units,
excluding low-cost/no-cost (Section 6 C (2 M, under this contract. An
eligible dwelling unit is a house, including a stationary mobile home in
which the households:
(1) 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
(2) contains a member who has received cash assistance payments under
Title IV (Aid to Families with Dependent Children - AFDC) 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.
E. Contractor shall conform to the revised Retrotech procedures developed for
the State of Texas according.to the type.of dwelling unit structure and
district heating factor. Contractor shall comply with specific
instructions to be furnished by Department concerning actual completion of
the revised Retrotech form.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATION
A. Measure of Liability
In consideration of full and satisfactory performance hereunder, Department
shall be liable to Contractor for the actual costs incurred by Contractor
for performance rendered hereunder subject to the following limitations:
(1) Department shall not be liable to Contractor for costs incurred or
performances rendered unless incurred or performed during the contract
period strictly in accordance with the terms of this contract,
including any amendments adopted pursuant to Section 13.
(2) Notwithstanding any other provisions of this Section 4, it is
understood and agreed by the parties hereto that the Department's
obligations under this contract are contingent upon actual receipt of
adequate funds from the federal funding source to meet putative
liabilities under this subsection, and if Department does not receive
adequate funds from the federal funding source, Department will not be
legally liable to Contractor for Department's failure to make payments
to Contractor; provided that, in the event the federal funding source
notifies Department specifically and in writing that Department will
not receive adequate funds to make payments to Contractor under this
contract, Department will within a reasonable time from receipt of
Page 2 of 16
such notice provide written notification to;Contractor that Department
will not receive adequate funds;
(3) Department shall not be liable for any amounts for any costs incurred
in any program cost categories in excess of those allowed under the
provisions of Section 6;
(4) 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;
(5) Department shall not be liable to Contractor for costs incurred by
Contractor before the commencement of this contract or after the
termination of this contract; and
(6) Department shall not be liable to Contractor for any cost incurred by
Contractor, or portion thereof which
(a) has been paid to Contractor or is subject to payment to
Contractor or
(b) has been reimbursed to Contractor or is subject to reimbursement
to Contractor, by any source other than Department.
B. Method of Payment
(1) Department shall pay to Contractor twenty-five percent (25%) of the
amount specified in Subsection D.of this Section 4, against
Departmental liabilities accrued or to be accrued, pursuant to
Subsection A of this Section 4 within thirty (30) days after the
execution of this contract.
(2) Contractor shall submit a State of Texas Purchase Voucher and the
reports provided for in Section 7 B of this contract to Department, so
that such voucher and reports are postmarked -no later than the tenth
(10th) of the month following the calendar month in which expenditures
were made and for which reimbursement is sought.
Within thirty (30) days after the receipt of the Contractor's properly
completed request and reports, the Department shall pay to Contractor,
subject to the limitations cited below, an amount equal to
Departmental liabilities accrued as specified in Subsection A of this
Section 4, but unpaid hereunder.
(3) Notwithstanding the provisions of Paragraph 2 of this Subsection B, it
is expressly understood 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 Department may, at its sole
option and in its sole discretion, 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
Page 3 of 16
decision and the reasons therefor. Payments withheld pursuant to this
Paragraph may be held by,the Department until the delinquent
obligations for which funds are withheld are fulfilled by the
Contractor.
(4) 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 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.
Within thirty (30) days following the determination by Department
of the final amount owing under this contract, Department shall
pay to Contractor the amount determined by Department to be the
final amount owing to Contractor under this contract.
(5) It is expressly understood and agreed by the parties hereto that any
right or remedy provided for in this Subsection B 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 4 for which Department determines that it was
not liable to Contractor and in the event Department has made payments to
Contractor in excess of Department's liability hereunder as measured in
accordance with this Section 4, Contractor shall promptly repay to
Department the amount of such excess payments.
D. Maximum Department Liability
Notwithstanding any other provisions of this contract, Department shall not
be liable hereunder to Contractor for an allocated amount greater than:
Department of Energy Thirty-one Thousand 'Two Hundred Sixty-four and No/100
Dollars ($31,264.00)
Department of Energy funds made available effective April 1, 1984
It is understood that any funds that remain unexpended at the end of each
program year shall revert to Department.
SECTION 5. AREA SERVED
A. Contractor shall conduct weatherization activities pursuant to this
Page 4 of 16
contract in each of the following counties of Texas:
Lubbock
B. Except as provided in Subsection D of this Section 5, Contractor shall make
weatherization assistance under this contract available to eligible
households in all areas of each county specified in Subsection A of this
Section 5. Contractor shall ensure through reasonable outreach efforts
that residents of eligible households throughout Contractor's service area
are made aware of said program and are provided by Contractor with an
adequate opportunity to apply, without undue hardship to the residents of
eligible households, for such weatherization assistance.
C. Except as provided in Subsection D of this Section 5, Contractor shall to
the maximum extent feasible, provide assistance to eligible households in
each county of Contractor's service area (or'each geographic area of the
county if Contractor serves only one county). If at any time during the
contract period Department determines that Contractor's weatherization
activities have been provided disproportionately to one or more
geographical areas in Contractor's service area, Contractor shall at
Department's request provide to Department the reasons justifying the
provision of services in such manner and an explanation of these steps
which have been or will be taken by Contractor to ensure a more equitable
geographical distribution of weatherization assistance in its service area.
D. Contractor shall not limit weatherization activities to any special
weatherization assistance impact area within a county or counties of
Contractor's county service area, as identified in Subsection A of this
Section 5 except when Contractor has received prior written approval from
Department for such a limitation of activities.
SECTION 6. ALLOWABLE EXPENDITURES
A. Administrative costs will be reimbursed at a maximum of five percent (5%)
of the total contract expenditures within the contract period established
in Section 2, including any labor costs (other than labor costs allowable
under Subsection C 3 (e) and (f) of this Section 6), travel costs (limited
to the rates established by law for Department employees in classified
positions), audit fees, office space, equipment and supplies which are
necessary and reasonable for administration of program performances under
this contract. For the purposes of this Subsection A, labor costs eligible
to be included as allowable administrative expenses shall specifically
include salaries, wages, and fringe benefits of Contractor's administrative
staff personnel.
B. The cost of the liability insurance premium, not to exceed Eight Hundred
Dollars ($800) per individual contractor, covering personal injury and
property damage resulting from weatherization project activities under this
contract is an allowable expenditure.
C. Subject to the following terms and limitations, Contractor may expend funds
hereunder for the payment of actual costs for program support and weatheri-
zation materials not to exceed a maximum of One Thousand and No/100 Dollars
($1,000.00) for any dwelling unit weatherized.
Page 5 of 16
(1) No expenditures by Contractor shall be allowable 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;
or
(b) weatherize a dwelling unit which is designated for acquisition or
clearance by a Federal, State or local program within twelve
months from the date of weatherization of the dwelling unit would
be scheduled to be completed.
(2) Contractor may make expenditures for the cost of purchase and delivery
of weatherization materials rovided that such expenditures shall not
be less than 45 percent (45% of the total contract expenditures less
administration and insurance.
(a) Weatherization materials are:
(1) caulking and weatherstripping of doors and windows;
(2) furnace efficiency modification limited to:
(a) replacement burners designed to substantially increase
energy efficiency of the heating system,
(b) devices for modifying flue openings which will -increase
the energy efficiency of the heating system, and
(c) 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 materials; and
(7) the following insulating or energy conserving devices or
technologies:
(a) skirting,
(b) items to improve attic ventilation,
(c) vapor barriers,
Page 6 of 16
(d) materials used as a patch to reduce infiltration
through the building envelope,
(e) water flow controllers,
(f) movable insulation systems for windows,
(g) materials to construct vestibules,
(h) pipe and boiler insulation,
(i) heat exchangers,
(j) thermostat control systems,
(k) replacement windows and doors;
(1) materials used for water heater modifications which
will result in improved energy efficiency,
(m) hot water heat pumps,
(n) waste heat recovery devices,
(o) materials used for heating and cooling system tuneups,
repairs, and modifications which will result in
improved energy efficiency, and
(p) materials used for boiler tuneups, repair, and modifi-
cations which will result in improved energy efficiency.
Except as provided in this contract, only weatherization materials
which meet or exceed standards shill be -purchased with funds
provided hereunder.
(b) For the purposes of maximizing the utilization of funds received
pursuant to this contract, Contractor shall purchase only an
amount of weatherization materials which Contractor estimates to
be reasonably necessary to accomplish the weatherization
activities hereunder during the period of this contract.
(c) Up to Fifty Dollars ($50) per home may be expended for items
defined as low-cost/no-cost. These items are frequently
installed by the homeowner and, as such, no labor cost can be
charged to the weatherization program for this installation. Low-
cost/no-cost expenditures must not exceed 10% of Contractor's
allocation. Such items are as follows:
(1) water flow controllers,
(2) weatherstripping,
(3) caulking,
(4) glass patching, and
(5) insulation for plugging holes.
Page 7 of 16.
(3) Contractor may make expenditures for the cost of program support and
labor, provided that such expenditures shall not exceed an average of
55% of the total expenditures made for any dwelling unit weatherized.
Such costs may only include:
(a) transportation of weatherization materials, tools, equipment, and
work crews to storage site and to the site of weatherization
work;
(b) maintenance, operation, and insurance of vehicles used to
transport weatherization materials;
(c) maintenance of tools and equipment;
(d) purchase or annual lease of tools and equipment, and annual lease
of vehicles; except that any purchase of vehicles shall be referred
to DOE for prior approval in every instance.
(e) employment of on -site supervisory personnel;
(f) employment of off -site personnel (i.e., weatherization
coordinator, inventory clerk, etc.);
(g) labor costs which may consist of (1) costs of supplemental wages,
as permitted by the Department of Labor, paid to trainin partici-
pants pursuant to the Job Training Partnership Act (JTPA}q, and
(2) costs of employing labor (particularly persons eligible for
training under JTPA) or engaging a subcontractor in accordance
with Section 14 of this contract (particularly a non-profit
organization or a business owned by disadvantaged individuals
which performs weatherization services (to install weatherization
materials). When employing such labor or engaging such sub-
contractor, Contractor shall make a written determination that an
adequate number of volunteers and training participants are not
available to weatherize dwelling units for Contractor under the
supervision of qualified supervisors; and
(h) storage of weatherization materials, tools and equipment.
D. Contractor may expend an amount not to exceed One Hundred Fifty Dollars
($150) for any dwelling unit for the cost of incidental repairs. Amounts
expended on such repairs shall be considered a part of, and not in addition
to, the maximum allowable expenditure per dwelling unit specified in Sub-
section C of this Section 6. Repair costs shall consist of repair materials
and repairs to the heating source necessary to make the installation of
weatherization materials effective. "Incidental Repairs" means items
necessary for the effective performance or preservation of weatherization
materials. Repair materials include, but are not limited to, lumber used to
frame or repair windows and doors which could not otherwise be caulked or
weatherstripped; roofing materials used as a patch to repair water leaks
which would damage insulation installed under this program; repairs to heat-
ing or cooling source (including labor); protective materials such as paint,
to seal materials installed under this program; the parts required to vent
unvented space heaters; and fasteners -needed to apply materials and
ancilliary hardware.
Page 8 of 16
E. To the maximum extent practicable, Contractor shall secure the services of
volunteers and training participants pursuant to JTPA to work under the
supervision of qualified supervisors and -foremen.
F. To the maximum extent practicable, Contractor shall utilize funds hereunder
for the purchase of weatherization materials. Contractor, at its discretion,
may use for the purchase and delivery of weatherization materials any or all
of the funds permitted as expenditures for administrative expenses or program
support.
SECTION 7. RECORDKEEPING AND REPORTS
A. The Contractor shall keep such records as Department shall specify, includ-
ing 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 assistance 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 audit and performance
evaluation. Such recordkeeping shall be in accordance with OMB Circular
A-102, the requirements of 10 CFR Part 600, and any further requirements of
this regulation or which DOE may otherwise establish under the terms and
conditions of the grant to Department.
B. Contractor shall submit to Department on a monthly basis during the
contract period an original and four (4)-copies of the Weatherization
Assistance Progress/Expenditure Report ONE (TDCA WAPER ONE) and an original
and four copies of TDCA WAPER TWO. Such reports shall be postmarked no
later than the loth day of the month following the calendar month in which
the weatherization activities and expenditures reported occurred. In
addition, Contractor shall submit to Department within sixty (60) days
following the termination of this contract an original and four (4) copies
of a final report, to be completed on a TDCA WAPER ONE form, covering all
weatherization activities and expenditures by Contractor during the
contract period.
C. Contractor shall maintain a file for each home weatherized with
Department of Energy funds which contains the following:
(1) Application for Weatherization Services (Department form);
(2) Eligibility documentation (including total income and public
assistance payments).
No dwelling unit shall be weatherized without documen-
tation that the dwelling unit is an eligible dwelling
unit as defined in Section 3 D of this contract;
(3) Building Weatherization Report (Department form);
(4) Invoices of materials purchased or inventory removal
sheets;
Page 9 of 16
(5) Homeowner/Authorized Agent Certification (Department form)
if rental unit; '
(6) Self -Help Certification (Department form), if applicable;
(7) Notice of Denial (Department form), if applicable.
D. Contractor shall submit to Department no later than thirty (30) days after
the termination of this contract an inventory of all materials and
weatherization tools, as defined in the property management standards
applicable to Contractor's organization referenced in Section 3 C of this
contract, which was acquired in whole or in part with funds received under
this contract.
E. In addition to the limitations on liability otherwise specified in this
contract, it is expressly understood and agreed by the parties hereto that
if Contractor fails to submit to Department in a timely and satisfactory
manner any report required by this contract, Department may, at its sole
option and in its sole discretion, withhold any or all payments otherwise
due or requested by Contractor hereunder. If Department withholds such
payments, it shall notify the Contractor in writing of its decision and the
reasons therefor. Payments withheld pursuant to this paragraph may be held
by Department until the delinquent obligations for which funds are withheld
are fulfilled by Contractor.
SECTION 8. DEPARTMENT MONITORING
Department shall perform periodic on -site monitoring of Contractor's compliance
with the terms and conditions of this contract, and of the efficiency, economy,
and effectiveness of Contractor's performance of activities under this
contract. After each monitoring visit, Department shall provide Contractor
with a written report of the monitor's findings. If the monitoring report
notes deficiencies in Contractor's performances under the terms of this
contract, the monitoring report shall include requirements for the timely
correction of such deficiencies by Contractor. Failure by Contractor to take
action specified in the monitoring report to correct such deficiencies within
the time specified in a Corrective Action Letter may result in the imposition
of sanctions against Contractor as specified in Section 7, Record Keeping and•
Reports, or Section 15, Termination, of this contract.
SECTION 9. AUDIT
A. Unless otherwise directed by Department, Contractor shall arrange for a
financial and compliance audit of funds received and performances rendered
under this contract. Arrangements for such audit shall be coordinated with
and/or approved by Department at least thirty (30) days prior to the date
of termination of this contract. Such audit shall be conducted in
accordance with the audit requirements applicable to Contractor's
organization referenced in Section 3 B, of this contract, shall be paid for
out of funds budgeted under this contract, and shall be furnished to
Department no later than ninety (90) days after the date of termination of
this contract.
Page 10 of 16
B. Notwithstanding the terms of Section 9 A of this. contract, Department
reserves the right to conduct a financial and compliance audit of funds
received and performances rendered under this contract. Contractor agrees
to permit Department or its authorized representative to audit Contractor's
records and to obtain any documents, materials, or information necessary to
establish Contractor's compliance with the terms of this contract.
C. Contractor shall take such action to facilitate the performance of such
audit or audits conducted pursuant to this Section 9 as Department may
require.
D. 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 Contractor hereunder against any amount owing but unpaid
by Contractor to Department arising from an audit of this or any other
contract between Department and Contractor.
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by both parties hereto that Department is
contracting with Contractor as an independent contractor, and Contractor as
such agrees to hold 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 11. ASSISTANCE TO NATIVE AMERICANS
Weatherization assistance provided under this contract shall be made available
and provided to low-income Indians in Contractor's area as such assistance is
made available and provided to other eligible persons.
SECTION 12. PRIORITY TO ELDERLY AND HANDICAPPED
Contractor shall give priority to identifying and providing weatherization
assistance to low income elderly persons who are 60 years of age or older, and
to low income handicapped persons.
"Handicapped person" means an individual (1) who is a handicapped individual as
defined in the Rehabilitation Act of 1973, 29 USCA1706, (2) who is under a
disability as defined in Section 1614(a)(3)(A) or 233(d)(1) of the Social
Security Act or in the Developmental Disabilities Services and Facilities
Construction Act, 42 USCA.§6901(7), or (3) who is receiving benefits under
chapter 11 or 15 of Title 38, United States Code.
SECTION 13. AMENDMENTS
A. Any alterations or additions to, or deletions from, the terms of this
contract that are required by changes in Federal laws or 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.
Page 11 of 16
B. If Contractor cannot conform to the changes requjred by Federal law, or
Federal regulations promulgated pursuant thereto; Contractor shall notify
Department in writing no later than the effective date of such law or
regulation to which it cannot so conform. Department shall then establish
the standards for the termination of Contractor's programs and shall
terminate the contract as soon as practicable.
C. Except as provided elsewhere in this contract, any amendment of this
contract shall be by writing executed by both parties hereto.
SECTION 14. SUBCONTRACTING
A. Contractor shall subcontract for the performances described in this
contract only after Contractor has submitted a Notice of Intent to
Subcontract, on a form prescribed by Department, for each such proposed
subcontract. In selecting subcontractors hereunder, Contractor shall
utilize procurement procedures applicable to Contractor's organization
referenced in Section 3 C of this contract. Contractor expressly
understands that in entering into such subcontracts, Department is in no
way liable to Contractor's subcontractor(s).
B. In no event shall any provision of this Section 14, specifically the
requirement that Contractor submit to Department its Notice of Intent to
Subcontract, be construed as relieving Contractor of.the responsibility for
ensuring that the performances rendered under all subcontracts comply with
all the terms and provisions of this contract, as if the performances
rendered were rendered by Contractor.
SECTION 15. TERMINATION
Either of the parties hereto shall have the right, in such party's sole discre-
tion and at such party's sole option, to immediately terminate and bring to an
end all performances to be rendered under this contract by notifying the other
party hereto in writing of such termination. Should neither party exercise its
right to terminate this contract, this -contract shall terminate in accordance
with provisions of Section 2.
SECTION 16. POLITICAL ACTIVITY
A. None of the performances rendered by Contractor under this contract shall
involve and no portion of.the funds received by Contractor hereunder shall
be used for any political activity including, but not limited to, any
activity undertaken to influence the outcome of any election, or the
passage or defeat of any legislative measure.
B. Contractor shall not engage in any political activities in violation of
Chapter 15 of Title 5, United States Code.
C. Contractor shall not engage in any activities
prospective voters with transportation to the
assistance in connection with an election or
activity.
Page 12 of 16
to provide voters and
polls or provide similar
any voter registration
D. For purposes of Chapter 15 of Title 5, United States Code, any nonprofit
private organization receiving funds under this contract which has the
responsibility for planning, developing, -and coordinating community
antipoverty programs shall be deemed to be a State or local agency. For
purposes of clauses (1) and (2) of Section 1502(a) of such title, any such
organization receiving funds under this contract shall be deemed a State or
local agency.
SECTION 17. MAINTENANCE OF EFFORT AND COORDINATION OF RESOURCES
A. Contractor agrees that the funds and resources provided Contractor under
the terms of this contract will be used soley for expenditures in payment
for the performance required of Contractor hereunder and that such funds
and resources provided hereunder shall be used to supplement, and not
supplant, State or local funds, and, to the maximum extent practicable (as
determined by DOE) to increase the amounts of these funds that would be
made available in the absence of Federal funds provided hereunder.
B. To the maximum extent practicable, the use of weatherization assistance
shall be coordinated with other Federal, State, local or privately -funded
programs in order to improve thermal efficiency and to conserve energy.
SECTION 18. CONFLICT OF INTEREST
A. Contractor covenants that neither it nor 'any 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 this contract. Contractor further covenants that in the performance of
this contract no person having such interest shall be employed by
Contractor, or shall be appointed as a member of Contractor's governing
body.
B. Contractor shall ensure that no employee, officer, or agent of Contractor
shall participate in the selection, or in the award or administration of a
subcontract supported by funds provided hereunder -if a conflict of
interest, real or apparent, would be involved.
SECTION 19. NEPOTISM
Neither 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 Contractor or any of its subcontractors.
SECTION 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
Contractor agrees that it shall comply with the following equal employment
opportunity (EEO) requirements.
A. Contractor shall comply with the equal opportunity requirements of Section
202 of Executive Order 11246 (41 CFR 60-1.4), and any other Executive
Order amending or superceding such order, which is incorporated herein by
this reference as if fully rewritten.
Page 13 of 16
B. Contractor shall comply with Title 10 of the Code of Federal Regulations
"Nondiscrimination in Federally Assisted Programs" (43 Fed. Reg 53658
(1978) (to be codified in 10 CFR 1040)), which is incorporated herein by
this reference as if fully rewritten, and covenants that no person shall,
on the ground of race, color, national origin, sex, handicap, or age be
excluded from participation in, denied the benefits of, subjected to
discrimination under, or denied employment, where the main purpose of the
program is to provide employment or when the delivery of program services
is affected by Contractor's employment practices, in connection with any
program or activity for which Contractor herein receives financial
assistance.
C. Contractor covenants that no person with responsibilities in the operation
of any program funded under this contract will discriminate 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.
D. Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d), as amended, 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 origin, age, handicap,
or political affiliation or belief be excluded from participation in,
denied the benefits of, or otherwise 'subjected 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.
E. Contractor shall comply with Title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e), 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.
F. 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.
G. Contractor shall comply with the Age Discrimination in Employment 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 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 unless it is based on a
bona fide occupational qualification, retirement plan, or statutory
requirement.
H. Contractor shall take Affirmative Action to ensure that applicants are
employed, and that employees -are treated during employment, without regard
to their race, color, sex, religion, national origin, or condition of
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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. Contractor also covenants to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided by Department's EEO Officer in setting forth the provisions of
this nondiscrimination clause.
I. The Contractor shall ensure compliance with 41 CFR 60-741 (Affirmative
Action for Handicapped) and 41 CFR 60-250 (Affirmative Action for Disabled
Veterans of the Vietnamese Era).
SECTION 21. PRIVACY ACT AND CONFIDENTIALITY
Contractor shall maintain no information about any individual in a manner which
would violate any provisions of the Privacy Act of.1974, U.S.C. 552a. Advance
notice will be given to the Department in the event Contractor anticipates that
information will be retained in a "system of records" as defined by the Privacy
Act at 5 U.S.C. 552a(a)(5). Notice must be sufficient to enable publication
of a system description in the Federal Register in accordance with 5 U.S.G.
552a(e)(ii) and the submission of a Report on New Systems in accordance with 5
U.S.C. 552a(o). Contractor further agrees not to release information about
the identity of individuals served under this contract unless specifically
authorized by such individual or Department.
SECTION 22. LEGAL AUTHORITY
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 Contractor legal authority to enter into this contract,
receive the funds authorized by this contract and to perform the services
Contractor has obligated itself to perform under this contract.
The person or persons signing or executing this contract on behalf of
Contractor, or representing themselves as signing and executing this contract
on behalf of Contractor, do hereby warrant and guarantee that he or they have
been duly authorized by Contractor to execute this contract on behalf of
Contractor and to validly and legally bind Contractor to all of the terms,
performances, and provisions herein set forth.
Department shall have the right, at its option, to either temporarily suspend
or permanently terminate this contract, if there is a dispute to the legal
authority of Contractor or the person signing the contract to enter this
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contract. Contractor is liable to Department for any money it has received
from Department for performance of the provisions of this contract, if
Department has suspended or terminated this contract for reasons enumerated
in this Section 22.
WITNESS OUR HAND effective this 1st day of May, 1984.
AlTan Henry, Mayor
City of Lubbock,
Community Service Department
Approved and accepted on behalf of the Texas Department of Community Affairs.
Rafael Quintanilla, Executive Director
Texas Department of Community Affairs
This contract is not effective until signed by the Texas Department of
Community Affairs Executive Director or his authorized designee.
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