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HomeMy WebLinkAboutResolution - 2152 - Contract - TDCA - Weatherization Program - 09_26_1985Resolution #2152 September 26, 1985 Agenda Item #31 LJM:js 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 and all related documents during the effective dates of the contract, by and between the City of Lubbock and the Texas Department of Community Affairs 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 Reso- lution as if fully copied herein in detail. Passed by the City Council this ATTEST: anefte Boyd, City Secretary 26th day of APPROVED AS TO CONTENT: 0, 'Sylvia Martinez, Communi y Seervices Director APPROVED AS TO FORM: Laura J. Mon oe, Assistant City Attorney September . 1985. I QL ALAN ENRY, MPrYOR Resolution #2152 TIIIICTA TEXAS DEPARTMENT OF COMMUNITY AFFAIRSQ CONTRACT FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS STATE OF TEXAS COUNTY OF TRAVIS SECTION 1. 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 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,by the execution hereof are bound to the mutual obligations and to the performances and accomplishment of the tasks hereinafter described. SECTION 2. CONTRACT PERIOD The period for performance of this contract shall commence September 1, 1985, and shall terminate August 31, 1986. SECTION 3. CONTRACT PERFORMANCE. A. Contractor shall, in a satisfactory manner as determined by Department, develop and implement a weatherization assistance program to assist in achieving a prescribed level of insulation 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. Contractor shall untertake a program of weatherization assistance for low-income persons, particularly elderly and handicapped low-income persons, in accordance with the provisions of Title IV of the Energy Conservation and Production Act, as amended (42 USC 6861 et seq.), with the Human Services Reauthorization Act of 1984, P.L. 98-558, with the U.S. Department of Energy (DOE) regulations promulgated pursuant thereto and codified at 10 CFR 440, with the terms of this contract, and with the policies and procedures issued by DOE or Department. C. Contractor shall, on an equitable basis throughout the geographical area specified below, conduct weatherization activities pursuant to this contract in each of the following counties of Texas: Lubbock. _ Page 1 of 13 SECTION 4. DEPARTMENT 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 in rendering such performance, subject to the following limitations: (1) Department shall not be liable for expenditures made in violation of the provisions of Title IV of the Energy Conservation and Production Act, as amended, of the Human Services Reauthorization Act of 1984, of DOE regulations set forth at 10 CFR 440, or of any other regulation or issuance promulgated by DOE or Department. (2) Except as otherwise modified or superseded by this contract or specifically authorized by Department in writing, Department shall be liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in Circular Nos. A-87 and A-102, as supplemented by the final rules promulgated by the Office of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, Article 4413 (32g), V.T.C.S., provided that all references to "local government" shall be construed to mean Contractor. In the event that OMB Circulars A-102 and A-87, as supplemented by the final rules promulgated by the Office of the Governor, conflict with DOE regulations governing the cost principles and administrative requirements of the weatherization assistance program, DOE regulations shall control. (3) It is expressly understood and agreed by the parties hereto that Department's obligations under this Section 4 are contingent upon the actual receipt of adequate state and/or federal funds to meet Department's liabilities under this contract. If adequate funds are not available to make payments under this contract, Department shall notify Contractor in writing within a reasonable time after such fact is determined. Department shall terminate this contract and will not be liable for failure to make payments to Contractor under this contract. (4) Department shall not be liable to Contractor for any costs incurred by Contractor or any performances rendered by Contractor to weatherize a dwelling unit which is designated for acquisition or clearance by a federal, state, or local program within twelve months from the date weatherization of the dwelling unit would be scheduled to be completed; or to install or otherwise provide weatherization materials for a dwelling unit weatherized previously with weatherization program funds, except for the limited situations as provided for in 10 CFR 440.18(e)(2) (see 59 Fed. Reg. 713, Jan. 4, 1985). (5) Department shall not be liable to Contractor for administrative costs incurred by Contractor which are in excess of the maximum limitation, as set forth in Section 8(C) of this contract. Page 2 of 13 (6) Department shall not be liable to Contractor for any costs incurred by Contractor which are not allowable expenditures, as set forth in Section 8 of this contract. (7) Department shall not be liable to Contractor for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract except for the cost of the audit made pursuant to Section 14 of this contract. (8) Department shall not be liable for any costs incurred by Contractor in the performance of this contract which have not been billed to Department within sixty (60) days following termination of this contract. (9) Notwithstanding any other provision of this contract, it is expressly understood and -agreed by the parties hereto that Department may, at its sole option and in its sole discretion, offset any amounts withheld or otherwise owing to Contractor under this contract against any amount owing but unpaid by Contractor to Department arising from this or any other contract between Department and Contractor. B. Method of Payment (1) Advances. For each month of the period of performance of this contract, Contractor may request an advance payment by submitting to Department, no later than the twentieth (20th) day of the month prior to the month for which advance payment is sought, a properly completed Request for Advance Form 270 and a State of Texas Purchase Voucher for an amount not to exceed Contractor's actual cash needs for the month for which such advance is sought, provided however that Department shall not make disbursement of any such advance payment until it has reviewed and approved such Request for Advance. (2) Notwithstanding Section 4(B)(1) of this contract, Department reserves the right to utilize a cost reimbursement method of payment under this contract if Department determines that Contractor has maintained cash balances in excess of need or if Department identifies any deficiency in the cash controls or financial management system maintained by Contractor. (3) Expenditure Reports. No later than the tenth (loth) day following the end of each month of the period of performance of this contract, Contractor shall submit to Department a report detailing allowable expenditures incurred during the previous month. Such report shall be prepared utilizing forms TDCA WAPER I AND WAPER II, together with such supporting documentation as Department may prescribe. (4) No later than sixty (60) days following the date of termination of this contract, Contractor shall submit a final TDCA WAPER I according to instructions to be specified by EOD Issuance. (5) If Contractor fails to submit to Department in a timely and Page 3 of 13 satisfactory manner any report required by this contract, or otherwise fails to satisfactorily render performances hereunder, Department may withold payments otherwise due and owing Contractor hereunder. If Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. C. Minimal Cash Balance Contractor's requests for advances shall be limited to the minimum amounts needed for effective operation of programs under this contract, and shall be timed as closely as possible to be in accord with actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from Department to Contractor and the disbursal of such funds by Contractor. D. Limitation on Liability (1) Contractor understands and agrees that it shall refund to Department within thirty (30) days after the refund is requested by Department any sum of money which has been paid to Contractor by Department which Department determines (1) has resulted in an overpayment to Contractor or.(2) has not been spent strictly in accordance with the terms of this contract. (2) Department by the execution of this contract acknowledges that Department has received an obligation from federal grantor agencies which, if paid, will be sufficient to pay costs properly incurred by Contractor for performances rendered under this contract in the amounts specified below in this subsection (D)(2): New Obligational Authority: Twenty-three Thousand One and No/100 Dollars ($23,001.00). Department shall not be liable to Contractor for costs incurred under this contract which exceed the amounts specified above in this subsection (D)(2) except as follows: Department, from time to time, may provide written notification to Contractor in the form of either a unilateral letter of notification or a bilaterally executed contract amendment which shall serve either to obligate additional funds under this contract or to deobligate funds previously obligated under this contract. ,Any determination to obligate or deobligate funds shall be made by Department in its sole discretion based upon factors including but not limited to the status of funding under grants to Department from federal grantor agencies, the existence of questioned or disallowed costs incurred by Contractor, or the rate of utilization of funds by Contractor hereunder. Such notification(s), if any, will specify Department's maximum obligation to Contractor as of the effective date of such notification. Contractor shall not incur costs in the performance of program operations under this contract in excess Page 4 of 13 of the amounts which Department has acknowledged, either by this subsection (b)(2) or by subsequent written notification to Contractor, as being available to meet Contractor's costs incurred hereunder. E. Maximum Obligation Notwithstanding any other provisions of this contract, the aggregate of all Department liabilities under this contract shall not exceed: Twenty-three Thousand One and No/100 Dollars ($23,001.00). SECTION 5. LEGAL AUTHORITY A. Contractor assures and guarantees that it possesses the legal authority pursuant to an 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. B. The person signing this contract on behalf of Contractor hereby warrants that he has been fully authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind the Contractor to all the terms, performances and provisions herein set forth. SECTION 6. COST PRINCIPLES Except as specifically modified or superseded by federal law or regulations, the terms of this contract, or the terms of EDO issuances subsequently promulgated hereunder, in rendering performances under this contract, Contractor shall comply with the cost principles set forth in Circular No. A-87, as supplemented by the final rules promulgated by the Office of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, TEX. REV. CIV. STAT. ANN. art. 4413(329), provided that all references to "local government" shall be construed to mean Contractor. SECTION 7. UNIFORM ADMINISTRATIVE REQUIREMENTS Except as specifically modified or superseded by federal law or regulations, the terms of this contract, or the terms of EOD issuances subsequently . promulgated hereunder, in rendering performances under this contract, Contractor shall comply with the uniform administrative requirements set forth in Circular No. A-102, as supplemented by the final rules promulgated by the Office of the Governor at-7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, TEX. REV. CIV. STAT. ANN. art. 4413(32g), provided that all references to "local government" shall be construed to mean Contractor. SECTION 8. ALLOWABLE EXPENDITURES A. The allowability of expenditures made and costs incurred for performances Page 5 of 13 hereunder shall be determined in accordance with DOE regulations published at 50 Fed. Reg. 712 (January 14, 1985) and codified at 10 CFR 440.18, subject to the limitations set forth in this Section 8. B. Allowable expenditures under this contract include: (i) the cost of purchase and delivery of weatherization materials; (ii) labor costs, in accordance with 10 CFR 440.19; (iii) transportation of weatherization materials, tools, equipment, and work crews to a storage site and to the site of weatherization work; (iv) maintenance, operation, and insurance of vehicles used to transport weatherization materials; (v) maintenance of tools and equipment; (vi) purchase or annual lease of tools, equipment, and vehicles, except that any purchase of vehicles shall be referred to DOE for prior written approval in every instance; (vii) employment of on -site supervisory personnel; (viii) storage of weatherization materials, tools and equipment; (ix) the cost of incidental repairs if such repairs are necessary to make the installation of weatherization materials effective, PROVIDED THAT: (1) An average of at least forty percent (40%) of the funds provided under this contract for weatherization materials, labor and related items included in paragraph B of this Section 8 shall be spent for weatherization materials. If incidental repairs are necessary to make the installation or preservation of weatherization materials effective, the costs of incidental repairs, which are treated as material costs, are allowed -up to 50% of the weatherization materials costs; (2) The expenditure of funds provided under this contract for weatherization materials, labor and related items included in paragraph B of this Section 8 shall not exceed $1,600 per dwelling unit weatherized; and (3) Contractor shall only weatherize eligible dwelling units, in accordance with 10 CFR 440.22, using only weatherization materials which meet or exceed standards prescribed by DOE regulations. C. Administrative costs incurred by Contractor in carrying out perform<Ances under this contract shall be allowable up to a maximum of 5.26% of the total expenditures within the contract period established in Section 2. Allowable administrative costs shall include costs associated with Contractor's administrative personnel (excluding on -site supervisory personnel and off -site personnel such as a weatherization coordinator, inventory clerk, travel costs, audit fees, office space, and equipment and supplies which. are necessary and reasonable for the administration of the weatherization assistance program. For purposes of this Section 8(C), allowable administrative costs shall specifically include the salaries, wages, and fringe benefits of Contractor's administrative stuff personnel. D. The cost of liability insurance for weatherization for personal injury and for property damage, not to exceed Eight Hundred ($800) Dollars per , Contractor, and the cost of carrying out low-cost/no-cost weatherization Page 6 of 13 activities in accordance with 10 CFR 440.20 shall be allowable expenditures. E. To the maximum extent practicable, Contractor shall utilize funds provided hereunder for the purchase of weatherization materials. Contractor may, at its discretion, use for the purchase and delivery of weatherization materials any or all of the funds allowed to be expended for administrative purposes under this contract. F. To the maximum extent practicable, Contractor shall secure the services of volunteers and of training participants, and public service employment workers, assisted pursuant to Job Training Partnership Act, to weatherize dwelling units under the supervision of qualified supervisors. SECTION 9. RECORDKEEPING REQUIREMENTS A. Contractor shall comply with the recordkeeping requirements set forth in the DOE regulations codified at 10 CFR Section 440.24, and with such additional recordkeeping requirements as may be specified by Department. B. Contractor shall maintain a file for each home weatherized with funds received under this contract, which contains the following information: (1) completed application for Weatherization Services (Department form); (2) eligibility documentation _(including total income and public assistance payments); no dwelling unit shall be weatherized without documentation that the dwelling unit is an eligible dwelling unit as defined in the DOE regulations codified at 10 CFR Section 440.22; (3) Building Weatherization Report (Department form) to include certification of final inspection; (4) invoices of materials purchased or inventory removal sheets; (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; and (8) Building Assessment Form. C. Contractor shall give federal funding agencies, Department, or their designees access to and the right to reproduce all records pertaining to this contract. D. Contractor shall include the substance of this Section 9 in all subcontracts. Page 7 of 13 SECTION 10. REPORTING REQUIREMENTS A. Contractor shall utilize Form 270 in requesting advances under this contract. Requests for advances shall not be processed unless Contractor has made timely submission of expenditure reports as specified in Section 10(B). B. No later than the tenth (10th) day of the month following each month of the period of performance of this contract, Contractor shall furnish to Department an expenditure report for the previous month by submitting an original and four copies of forms TDCA WAPER I and WAPER II. In addition, Contractor shall submit to Department within sixty (60) days following the date of termination of this contract an original and four copies of a final expenditure report, to be prepared utilizing form TDCA WAPER I. C. Contractor shall submit to Department no later than thirty (30) days after the date of termination of this contract an inventory of all materials and weatherization tools, purchased in whole or in part with funds received under the Weatherization Assistance Program, which were on hand as of the date of termination of this.contract. D. Contractor shall submit such other reports, data, and information on the operation and performance of this contract as may be required by DOE regulation pursuant to 10 CFR 440.25 or as may be required by Department. SECTION 11. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to.the terms of this contract which are required -by changes in federal law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. B. It is understood and agreed by the parties hereto that performances,under this contract must be rendered in accordance with federal law and regulations, and the assurances and certifications made by Department to federal funding agencies with regard to the operation of the Weatherization Assistance Program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performances under this contract may be amended in the following manner: Department, from time to time during the period of performance of this contract, shall issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the Director of Department or his designee in the form of EOD Issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor as if written herein, provided however that such policy directives shall not alter the terms of this contract so as to relieve Department of any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of such policy directives. C. Except as specifically authorized by Department in writing or otherwise Page 8 of 13 authorized by the terms of this contract, any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. SECTION 12. INDEPENDENT CONTRACTOR It is expressly understood and contracting with Contractor as agrees to indemnify Department asserted in connection with the this contract. SECTION 13. SUBCONTRACTS agreed by both parties hereto that Department is an independent contractor, and that Contractor against all disallowed costs or other claims services to be performed by Contractor under A. Contractor shall subcontract for 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. B. In selecting subcontractors hereunder, Contractor shall utilize procurement procedures set forth in Attachment 0 of the Uniform Administrative Requirements referenced in Section 7 of this contract. Contractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s). C. Contractor shall ensure 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 rendered were rendered by Contractor. SECTION 14. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for the performance of a financial and compliance audit of funds received under this contract, subject to the following conditions and limitations: (1) Contractor shall have an audit made in accordance with the Single Audit Act of 1984, P.L. 98-502 (hereinafter referred to as "Audit Act"), and OMB's Circular No. A-128, "Audit Requirements for State and Local Governments," 49 Fed. Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which Contractor receives more than $100,000 in Federal financial assistance. For purposes of this Section 14, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts, cooperative agreements, loans, loan guarantees, property, interest subsidies, insurance, or direct appropriations, but does not include direct Federal cash assistance to individuals. It includes awards received directly from Federal agencies, or indirectly through other units of State and local governments. (2). Contractor shall have an audit made in accordance with the Audit Act and OMB's Circular A-128, or in accordance with the audit requirements Page 9 of 13 specified in Attachment P of OMB Circular A-102, as reflected in 24 CFR Part 44 and as supplemented by Section 5.167 of the Management Standards, for any fiscal year in which Contractor reeceives beween $25,000 and $100,000 in Federal financial assistance. (3) Contractor shall have an audit made in accordance with Attachment P of OMB circular A-102, as supplemented by Section 5.167 of the Management Standards, for any fiscal year in which Contractor receives less than $25,000 in Federal financial assistance. (4) Nothing in this Section 14 exempts Contractor from maintaining records of assistance provided under this contract or from providing access to such records to a Federal agency or Department, as provided for in this contract. (5) Where contracts are awarded for audit services, the contracts shall include a reference to the Audit Act and OMB Circular A-128. B. Unless otherwise specifically authorized by Department in writing, Contractor shall submit three copies of the report of such audit to Department no later than one hundred twenty (120) days after the end of the audit period. Audits performed under this Section 14 are subject to review and resolution by Department or its authorized representative. Resolution of findings shall be made within six (6) months after receipt of the audit report by Department. C. Contractor understands and agrees that it shall take immediate appropriate corrective action after issuance of the audit report in instances of material noncompliance with laws, regulations or this contract, but shall, in any event, be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. D. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 14 as Department may require of Contractor. SECTION 15. PROPERTY PROCUREMENT STANDARDS & PROPERTY MANAGEMENT A. Contractor shall develop and implement procurement procedures which conform with OMB Circular A-102, Attachment 0, as supplemented by Sec. 5.166 of the Management Standards. Contractor shall not procure supplies, equipment, or services except in accordance with its own procurement procedures and Attachment 0 of OMB Circular A-102, as supplemented by Sec. 5.166 of the Management Standards and in accordance with policy directives as specified by EOD issuance. B. Contractor shall develop and implement a property management system which Page 10 of 13 conforms with OMB Circular A-102, Attachment N, as supplemented by Sec. 5.165 of the Management Standards. Contractor shall not use, transfer, or dispose of any personal property acquired in whole or in part with funds provided hereunder or whose cost was charged to this contract except in accordance with its own property management system and OMB Circular A-102, Attachment N, and in accordance with policy directives as specified by EOD issuance provided that all references in Attachment N to "federal agency" shall be construed to mean Department, and all references to "grantee" shall be construed to mean Contractor. C. Contractor shall establish standards to ensure adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and shall report to Department any loss, damage, or theft of nonexpendable personal property with an acquisition cost of $500 or more per unit. D. In addition to the inventory required under Section 1O(C) of this contract, Contractor shall take a physical inventory of property and shall reconcile the results with the property records at least once every year. Any differences between quantities determined by the physical inspection and those shown in the property records shall be investigated to determine the causes of the difference. SECTION 16. INSURANCE REQUIREMENTS Contractor shall carry adequate liability insurance coverage for personal injury and for property damage for purposes of protection against the hazards arising out of or in connection with carrying out weatherization project activities under this contract. SECTION 17. LITIGATION AND CLAIMS Contractor shall give Department immediate notice in writing of (1) any action, including any proceeding before an administrative agency, filed against Contractor arising out of the performance of any subcontract hereunder; and (2) any claim against Contractor, the cost and expense of which Contractor may be entitled to have reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. SECTION 18. TECHNICAL ASSISTANCE AND MONITORING Department reserves the right for Department or its designee to conduct monitoring and evaluation of the performances rendered under this contract. Department will notify Contractor in writing of any deficiencies noted during such review, and may withhold costs as appropriate based upon such deficiencies. Department may provide technical assistance to Contractor in correcting the deficiencies noted. Department shall conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, the Department may terminate this contract or invoke other sanctions as Department determines to be appropriate. Page 11 of 13 In rendering performances hereunder, Contractor shall comply with the requirements of applicable federal laws and regulations. In the event of a conflict between such laws and regulations and the terms and conditions of this contract, precedence shall be given to the laws and regulations. SECTION 20. PREVENTION OF FRAUD AND ABUSE Contractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for the proper, effective management of all activities funded under this contract. SECTION 21. 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 or appointed by Contractor. B. No person (i) who is an employee, agent, consultant, officer, or official of Contractor and who exercises or has exercised any functions or responsibilities with respect to assisted weatherization activities or (ii) who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. C. Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. SECTION 22. SECTARIAN INVOLVEMENT PROHIBITED Contractor shall ensure that no funds under this contract are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. SECTION 23. POLITICAL ACTIVITY AND LOBBYING No funds provided under this contract may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with State or local legislators. SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY No person in the United States shall on the ground of race, color, religion, sex, national origin, age, handicap, political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to Page 12 of 13 discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. SECTION 25. EARLY TERMINATION Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to immediately terminate and bring to an end all performances to be rendered under this contract by notifyng the other party hereto in writing of such termination. SECTION 26. ORAL AND WRITTEN AGREEMENTS All oral or written agreements between the parties hereto relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained herein. WITNESS OUR HANDS EFFECTIVE THIS 1st DAY OF SEPTEMBER, 1985. A I an gtenry, Major City of Lubbock, Com nity Services Department Approved and accepted on behalf of the Texas Department of Community Affairs, an agency of the State of Texas. v..ataei Quirttanifla, txecutiVZs Uirector Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of Department or his authorized designee. Page 13 of 13 Resolution #2152 1. State as clearl, proposed project. CITY OF LUBBOCK Grant Proposal Evaluation as possible the goals and objectives of the If approved, this grant will weatherize a minimum of fourteen (14) dwelling units. The objective of this grant is to provide assistance to weatherize homes, thus reducing energy consumption and energy costs for low income, elderly, and handicapped individuals. A. Is this the fulfillment of an identifiable community goal? The City of Lubbock is charged with the responsibility of protecting the health, safety and welfare of its citi- zens. Economic hardships manifest themselves in many ways, including the lack of monies to weatherize their homes. B. Is this the fulfillment of an identifiable community need? This can fulfill a substantial part of the housing need. The level of substandard housing and the level of unemployment are only but a few of the needs within the community. The Community Services Department plans to assist individuals with this grant and at the same time alleviate the substandard housing within the community. 2. State indicators by which the staff and the City Council might be able to evaluate the program in order to determine that it has reached the stated goals and objectives. Quarterly reports are prepared to determine the services being provided. A specific number of homes will be done quarterly. -z- 3. Will this project benefit the Community as a whole? If not, please provide a detailed profile of the group receiving the benefit of 'the program: Priorities will be given to citizens of Lubbock who are low-income, elderly and handicapped. 4. Are other agencies available to handle this project? Are other agencies handling similar programs? No other agencies have been authorized to administer the Weatherization Grant in Lubbock County. The Community Develop- ment Department also has funds for this purpose; however, the Community Services Department also administers that program. 5. Is the activity provided by this grant required by state or federal law or as a condition of other on -going state or federal programs? No. These funds are made available to most counties in Texas. 6. Does the grant require any local match? If so, is the match in the form of cash or an in -kind contribution? No. 7. Is the grant for capital or operating program? This grant is for an operating program that is conditional solely upon the availability of these and additional grant funds for this project. The City is not obligated in any way to continue any portion of the program if the amount of the grant is reduced or discontinued.