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Home My WebLink AboutResolution - 3658 - Contract - TDCA - Weatherization Assistance Program - 07_11_1991Resolution No. 3658 July 11, 1991 Item #31 DGV:da RESOLUTION WHEREAS, the City of Lubbock has been offered a contract from the Texas Department of Community Affairs to administer a program to weatherize the home 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 Depart- ment of Community Affairs in the anticipated amount of $87,307 for the period of April 1, 1991 through March 31, 1992. A copy of said contract is attached hereto to be spread upon the minutes of the Council and shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of July , 1991. ATTEST: Ranette!Boyd, City Secretary APPROVED eAS TO CONTENT: Sylvia A. artinez, Community Services Supervisor APPROVED AS TO FORM: c Dolfald G. Vandiver, First Assistant City Attorney B. C. McM NN, MAYOR Resolution No. 3658 _ July 11, 1991 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS Item #31 CONTRACT NO. 562048 FOR THE WEATHERIZATION ASSISTANCE / ENHANCED WEATHERIZATION ASSISTANCE PROGRAMS CFDA #81.042 (DOE Funds) SECTION 1. PARTIES TO CONTRACT This agreement is made by and between the Texas Department of Community Affairs, an agency of the State of Texas (hereinafter the "Department") and City of Lubbock, Community Services Department (hereinafter the "Contractor"). SECTION 2. CONTRACT PERIOD The period for performance of this contract, unless earlier terminated, is April 1, 1991 through March 31, 1992 (hereinafter the "Contract Period"). SECTION 3. CONTRACTOR PERFORMANCE Contractor shall, on an equitable basis throughout its service area, develop and implement a Weatherization Assistance Program and Enhanced Weatherization Assistance Program (herein collectively referred to as the "weatherization program") to assist in achieving a prescribed level of insulation in the dwellings of low-income persons, particularly the elderly and handicapped. Contractor shall implement the weatherization program in accordance with the provisions of Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et seq.), the U.S Department of Energy ("DOE") regulations codified. at.10Q C__F_R.. Parts 440 and 600, any applicable Office of Management and i3udget ("OMB") Circulars, the Texas Weatherization Assistance Program State Plan, the Oil Overcharge Restitutionary Act (TEX. REV. CIV. STAT. ANN. article 4413(56), §11), and the terms of this contract. Contractor's service area consists of the following Texas counties: Lubbock. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Contractor's satisfactory performance of this contract, Department shall reimburse Contractor for the actual allowable costs incurred by Contractor in the amount of: (1) DOE/LIHEAP/PVE Funds for Weatherization Assistance Program: Sixty -Six Thousand Four Hundred Fifty and no/100 Dollars ($66,450.00). (2) PVE Funds for Enhanced Weatherization: Ninteen Thousand Seven Hundred Seventy -Three and no/100 Dollars ($19,773.00). (3) Funds for Department -Required Travel Expense: One Thousand Eighty -Four and no/100 Dollars ($1,084.00). PAGE 1 OF 13 TDCA--4/91 - WAP/EWAP B. By written notice to Contractor, Department may obligate additional funds under Section 4(A). For planning purposes only, Contractor may assume that the total award during the Contract Period will be: (1) Total Anticipated Weatherization Assistance Funds: Sixty —Six Thousand Four Hundred Fifty and no/100 Dollars ($66,450.00). (2) Total Anticipated, Enhanced Weatherization Funds: Nineteen Thousand Seven Hundred Seventy —Three and no/100 Dollars ($19,773.00). (3) Total Anticipated Department —Required Travel Funds: One Thousand Eighty -Four and no/100 Dollars ($1,084.00). C. Department's obligations under this contract are contingent upon the actual receipt by Department of state and federal Weatherization program funds. If sufficient funds are not available, Department shall notify Contractor in writing within a reasonable time after such fact is determined. Department shall then terminate this contract and will not be liable for the failure to make any payment to Contractor under this contract. D. Department is not liable for any cost incurred by Contractor which: (1> is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as such is defined in 10 C.F.R. §440.22; (2) is incurred 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 is scheduled to be completed; (3) is incurred to weatherize a dwelling unit preTrfousry-weatherized with weatherization assistance program funds, except as provided for in 10 C.F.R. §440.18(e)(2); (4) is for Contractor's administrative costs incurred in excess of the maximum limitation set forth in Section 9 of this contract; (5) is not incurred during the Contract Period; (6) is not reported to Department on a Weatherization Assistance Program Progress Expenditure Report/Monthly Funding Report, herein "WAPPER/MFR", pages 1 and 2 (TDCA Form 47), or a Enhanced Weatherization Assistance Program Progress Expenditure Report/Monthly Funding Report, herein "E—WAPPER/MFR" (TDCA Form 47—A), within sixty (60) days of the termination of this contract; (7) is subject to reimbursement by a source other than Department; or (8) is made in violation of the provision of federal or state law or regulation, including, but not limited to, those enumerated in this contract. E. Contractor shall refund, within fifteen (15) days of Department's request, any sum of money paid to Contractor which Department determines has resulted in an overpayment or has not been spent in accordance with PAGE 2 OF 13 TDCA--4/91 — WAP/EWAP r the terms of this contract. Department may offset or withhold any amount otherwise owed to Contractor under this contract against any amount owed by Contractor to Department arising under this or any other contract between the parties. SECTION 5. METHOD OF PAYMENT / CASH BALANCES A. Each month, Contractor may request an advance payment of Weatherization Assistance Program ("WAP") funds under Subsection 4(A)(1) and/or a reimbursement payment of Enhanced Weatherization Assistance Program ("EWAP") funds under Subsection 4(A)(2) by submitting to Department a WAPPER/MFR and/or E-WAPPER/MFR, a State.of Texan Purchase Voucher, and a Compensation Report. B. Contractor's requests for advances shall be for the minimum amount needed for the performance of this contract. In no event shall Contractor request an advance for more than 30 days actual need. Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from Department and the disbursal of such funds by Contractor. C. Notwithstanding Subsection 5(A), Department reserves the right to use a cost reimbursement method of payment for all funds if (1) Department determines that Contractor has maintained excess cash balances, (2) Department identifies any deficiency in the cash controls or financial management system maintained by Contractor, (3) Department determines that a cost reimbursement method would benefit the program, (4) Department's funding sources require the use of a cost reimbursement method, or (5) Contractor fails to comply with any of the reporting requirements of Section 11. D. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible recipients of the weatherization assistance program and for the payment of the allowable expenditures identified in Section 9. SECTION 6. COST PRINCIPLES Except as specifically modified by law or the terms of this contract, in performing this contract, Contractor shall comply with the cost principles set forth in OMB Circular No. A-122 (non -profits) or OMB Circular No. A-87 (units of local government) SECTION 7. UNIFORM ADMINISTRATIVE REQUIREMENTS Except as specifically modified by law or the terms of this contract, in performing this contract, Contractor shall comply with the uniform administrative requirements set forth in OMB Circular No. A-110 (non -profits) or the Common Rule, 10 C.F.R. §600.400 et seq. (units of local government). SECTION 8. TERMINATION AND SUSPENSION A. Department may terminate this contract, in whole or in part, at any time Department determines that there is cause for termination. Cause for termination includes but is not limited to Contractor's failure to comply with any term of this contract. Department shall notify Contractor in writing at least thirty (30) days before the date of termination. PAGE 3 OF 13 TDCA-4/91 - WAP/EWAP S. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend Contractor's performance of this contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Contractor's performance. Suspension shall be a temporary measure pending either corrective action by Contractor or a decision by Department to terminate this contract. C. Department shall not be liable for any costs incurred by Contractor after termination or during suspension of this contract. Notwithstanding the termination or suspension of this contract, Contractor shall not be relieved of any liability for damages due to Department by virtue of any breach of this contract by Contractor. Department may withhold any payment otherwise due to Contractor until such time as the exact amount of damages owed to Department by Contractor is determined and paid. SECTION 9. ALLOWABLE EXPENDITURES A. The allowability of Contractor's costs incurred in the performance of this contract shall be determined in accordance with the provisions of Section 6 and the regulations set forth at 10 C.F.R. §440.18, subject to the limitations and exceptions set forth in this Section. B. Allowable WAP expenditures under Subsection 4(A)(1) include: (1) the purchase and delivery of weatherization materials as defined in 10 C.F.R. §440.3, but not to include storm doors; (2) labor costs in accordance with 10 C.F.R. §440.19 (3) transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site and to the site of weatherization work; (4) maintenance, operation, and insurance of vehicles used to transport weatherization materials; (5) maintenance of tools and equipment; (6) purchase or lease of tools, equipment, and vehicles (purchase of vehicles must be approved in advance by DOE); (7) employment of on -site supervisory personnel; (8) storage of weatherization materials, tools, and equipment; and (9) the cost of incidental repairs (such as repairs to roofs, walls, floors, and other parts of a dwelling unit) if such repairs are necessary for the effective performance or preservation of weatherization materials. C. Allowable expenditures of EWAP funds awarded under Subsection 4(A)(2) include: (1) the expenditures 'listed above in Subsection 9(B), except that no vehicles may be purchased with EWAP funds, and (2) the cost of materials and labor for heating and cooling system tuneups, repairs, modifications, or replacements if such will result in improved energy efficiency. All expenditures of EWAP funds must be in conformity with any EWAP regulations or issuances promulgated by Department. D. PROVIDED THAT: (1) An average of at least forty percent (40%) of the funds provided under this contract for the items included in Subsections 90) & 9(C) shall be spent for materials. If incidental repairs are necessary to make the installation of the weatherization materials effective, the cost of incidental -repair materials charged to WAP funds awarded under Subsection 4(A)(1) shall not exceed the cost of weatherization materials charged to WAP funds. PAGE 4 OF 13 TDCA--4/91 - WAP/EWAP (2) No more than Sixteen Hundred Forty -Eight ($1,648.00) Dollars per dwelling unit may be charged to the funds awarded under Subsection 4(A)(1) for the items included in Subsection 9(B). No more than Fifteen Hundred ($1,500.00) Dollars per dwelling unit may be charged to the funds awarded for Enhanced Weatherization under Subsection 4(A)(2) for the items included in Subsection, 9(C). The total amount that may be expended on any dwelling unit may not exceed Three Thousand One Hundred Forty -Eight ($3,148.0<0) Dollars. (3) Contractor shall weatherize eligible dwelling units using only weatherization materials which meet or exceed the standards prescribed by DOE in 10 C.F.R. Part 440, Appendix A. E. Administrative costs incurred by Contractor in performing this contract are to be based on actual expenditures and shall be allowed up to the amount shown on Exhibit A. Allowable administrative costs may include reasonable costs associated with Contractor's administrative personnel, travel (out of service area), audit fees, office space, equipment, and supplies which are necessary for the administration of the weather- ization assistance program. No administrative costs are allowed for the EWAP funds awarded in Subsection 4(A)(2). F. The cost of liability insurance for the weatherization program for personal injury and for property damage, not to exceed Fifteen Hundred ($1,500.00) Dollars shall be an allowable WAP expenditure under Subsection 4(A)(1). Contractor may request a written waiver of the limit on liability insurance. The waiver request must provide price quotes from at least three (3) insurance carriers. G. The cost of carrying out low-cost/no-cost weatherization activities not to exceed Fifty Dollars ($50.00) per dwelling unit, in accordance with 10 C.F.R. §440.20, shall be an allowable WAR expenditure under Subsection 4(A)(1). H. To the maximum extent practicable, Contractor shall utilize funds provided herein for the purchase of weatherization materials. Contractor may 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. I. To the maximum extent practicable, Contractor shall secure the services of (1) volunteers, (2) training participants, and (3) public service employment workers assisted pursuant to the Job Training Partnership Act, to weatherize dwelling units under the direction of qualified supervisors. SECTION 10. RECORD KEEPING REQUIREMENTS A. Contractor shall comply with the record keeping requirements set forth at 10 C.F.R. §440.24 and with such additional record keeping requirements.as may be specified by Department. PAGE 5 OF 13 TDCA--4/91 - WAP/EWAP B. For each dwelling unit weatherized with funds received from the Weatherization Assitance Program ("WAP") under this contract, Contractor shall maintain a file containing the following information: (1) completed Application for Weatherization Services (Department form); (2) eligibility documentation (proof of income eligibility shall consist of checks, check stubs, award letters, employer statements, or other similar documents 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 10 C.F.R. §440.22; (3) Building Weatherization Report (Department form) to include certification of final inspection; (4) invoices of materials purchased or inventory removal sheets; (5) invoices of labor; (6) Homeowner/Authorized Agent Certification (Department form) if rental unit; (7) Self-help Certification (Department form), if applicable; (8) Notice of Denial (Department form), if applicable; (9) Building Assessment form; (10) Attic Inspection (Department form); (11) Justification for Omission of Priorities (Department form), if applicable. T (12) Labor force records showing the name, skill specialty, and total amount of wages paid for each laborer and supervisor; and (13) Alien Status Form. C. For each dwelling unit weatherized with funds received from the Enhanced Weatherization Assistance Program ("EWAP") under this Contract, Contractor shall maintain a file containing the following information: ' (1) Assesment/Building Enhanced Weatherization Report with certification and final inspection (Department form); (2) Invoices for materials purchased or inventory removal sheets; (3) Invoices for Tabor; and (4) -Labor force records showing the name, skill specialty, and total amount of wages paid for each laborer and supervisor. Both WAP and EWAP files shall be maintained in the same folder and assigned the same unit identification number. PAGE 6 OF 13 TDCA--4/91 - WAP/EWAP Q E: Contractorshall give the federal and state funding agencies, the Comptroller General of the United States, and Department, access to and the right to reproduce all records pertaining to this contract. All such records shall be maintained for at least three years after final payment has been made and all other pending matters are closed. Contractor shall include the requirements of this Subsection in all subcontracts. All weatherization assistance program records maintained by Contractor, except records made confidential by law, shall be available for inspection by the public during Contractor's normal business hours to the extent required by the Texas Open Records Act, TEX. REV. CIV. STAT. ANN. article 6252-17a. SECTION 11. REPORTING REQUIREMENTS A. For each month of the Contract Period, Contractor shall furnish Department with expenditure reports for the previous month by submitting a WAPPER/MFR and E-WAPPER/MFR. Such monthly reports must be received by Department no later than the loth day of the following month. Expenditure reports are due even if Contractor has no new activity to report during the month. B. Contractor shall submit to Department within sixty (60) days following the date of termination of this contract final expenditure reports utilizing the WAPPERIMFR and f-WAPPERJMFR. The failure of Contractor to provide a full accounting of all funds expended under this contract shall be sufficient reason for Department to deny or terminate any future contracts to Contractor. C. Contractor shall submit to Department no later than sixty (60) days after the end of the Contract Period an inventory of all vehicles, tools, and equipment with a unit acquisition cost of $500.00 or more and a useful life of more than one year, if purchased in whole or in part with funds received under this or previous weatherization assistance program contracts. The inventory shall reflect the vehicles, tools, and equipment on hand as of the last day of the Contract Period. D. Contractor shall submit such other reports, data, and information on the performance of this contract as may be required by DOE pursuant to 10 C.F.R. §440.25, or by Department. E. If Contractor fails to submit, in a timely and satisfactory manner, any report or response required by this contract, including responses to monitoring reports, Department may withhold payments otherwise due Contractor hereunder. Payments may be withheld until such time as the delinquent report or response is received by Department. If the delinquent report or response is not received within forty-five (45) days of its due date. Department may suspend or terminate this contract. If Contractor receives Weatherization Program funds from Department over two or more contract periods, funds may be withheld or this contract suspended or terminated for Contractor's failure to submit a report or response (including a report of audit) past due from a prior contract period. PAGE 7 OF 13 TDCA--4/91 - WAP/SWAP SECTION 12. CHANGES AND AMENDMENTS A. Any change in the terms of this contract which is required by a change in state or federal law or regulation is automatically incorporated herein effective on the date designated by such law or regulation. B. Except as otherwise specifically provided herein, any change in the terms of this contract shall be in writing and signed by both parties to this contract. SECTION 13. DEPARTMENT ISSUANCES Department may issue directives which serve to interpret or clarify the terms of this contract. Such directives shall be issued by Department in the form of WAP Policy Issuances. Issuances shall not alter the terms of this contract so as to relieve Department of any obligation to reimburse an allowable cost incurred by Contractor prior to the effective date of the Issuance. All WAP Policy Issuances promulgated by Department, whether before or after the commencement date of this contract, shall govern the performance of this contract until specifically rescinded by Department. SECTION 14. INDEPENDENT CONTRACTOR It is agreed that Contractor is an independent contractor. To the extent allowed by law, Contractor agrees to hold Department harmless and indemnify it against any disallowed costs or other claims asserted by any person in connection 'with the services to be performed by Contractor under this contract. SECTION 15. PROCUREMENT STANDARDS & SUBCONTRACTS A. Contractor shall develop and implement procurement procedures which conform with the uniform administrative requirements referenced in Section 7. Contractor shall not procure supplies, equipment, materials, or services except in accordance with its procurement procedures and WAP Policy Issuance #88-10.1. All procurement contracts, other than "small purchases" as defined in WAP Policy Issuance #88-10.1, shall be in writing and shall contain the provisions required by WAP Policy Issuance #88-10.1. Contractor must obtain advance written permission from Department before purchasing any equipment with a unit cost of $500.00 or more. Contractor must obtain advance written permission from DOE through Department before purchasing any vehicle. B. Contractor shall ensure that its subcontractors comply with all applicable terms of this contract as if the performance rendered by the subcontractor was being rendered by Contractor. Contractor shall inspect all subcontractors' work and shall be responsible for ensuring that it is completed in a good and workman -like manner. SECTION 16. AUDIT A. Contractor shall arrange for the performance of an annual financial and compliance audit of the funds received under this contract. The audit shall be made in accordance with the Single Audit Act of 1984, 31 U.S.C. ch. 75 (hereinafter the "Audit Act"), OMB Circular No. A-128, "Audit PAGE 8 OF 13 TDCA--4/91 - WAP/EWAP Requirements for State and Local Governments the Uniform Grant Management Standards, Generally Aceepted Government Auditing Standards and Department's supplemental audit requirements. Contracts for audit services shall include a reference to the Audit Act and OMB Circular A-128. Contractor shall take any reasonable action required by Department to facilitate the performance of audit(s) conducted pursuant to this Section. B. Contractor shall submit three (3) 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 are subject to review and resolution by Department or its authorized representative. C. Contractor shall take immediate corrective action after issuance of the audit report if instances of material noncompliance with laws, regulations or this contract are discovered. Contractor shall be liable to Department for any costs disallowed pursuant to the audit(s) of funds received under this contract. Repayment of disallowed costs shall be made by Contractor from funds which were not made available to Contractor under any contract with Department. SECTION 17. PROPERTY MANAGEMENT A. Contractor shall develop and implement a property management system which conforms with the uniform administrative requirements referenced in Section 7. Contractor shall not use, transfer, or dispose of any property acquired in whole or in part with funds provided under this or a previous weatherization assistance program contract except in accordance with its own property management system and Department Issuances. B. Contractor shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of Five Hundred Dollars ($500.00) or more. C. In addition to the inventory of vehicles, tools, and equipment required under Section 11, Contractor shall take a physical inventory of all weatherization assistance program materials and shall reconcile the results with its property records at least once every year. Any differences between quantities determined by the inventory and those shown in the property records shall be investigated by Contractor to determine the causes of the difference. SECTION 18. INSURANCE REQUIREMENTS Contractor shall maintain adequate personal injury and property damage liability insurance or, if Contractor is a unit of local government, sufficient self insurance reserves, to protect against the hazards arising out of or in connection with the performance of this contract. SECTION 19. LITIGATION AND CLAIMS Contractor shall give Department immediate written notice of any claim or action filed with a court or administrative agency against Contractor and arising out of the performance of this contract or any subcontract hereunder. Contractor shall furnish to Department copies of all pertinent papers received by Contractor with respect to such action or claim. PAGE 9 OF 13 TDCA--4/91 - WAP/EWAP SECTION 20. TECHNICAL ASSISTANCE AND MONITORING Department or its designee may conduct periodic on -site monitoring and evaluation of the efficiency, economy, and effectiveness of Contractor's performance of this contract. Department will advise 'Contractor in writing of any deficiencies noted during such monitoring. Department may provide technical assistance to Contractor and may require or suggest changes in Contractor's accounting, personnel, procurement, and management procedures in order to correct any deficiencies noted. Contractor may be required by Department to return to dwelling units to correct indentified problems. Department may conduct follow-up visits to review and assess the efforts Contractor has made to correct previously noted deficiencies. Department may withhold funds, place Contractor on a cost reimbursement basis, deobligate funds, suspend performance, terminate this contract, or invoke other remedies in the event monitoring reveals material deficiencies in Contractor's performance or if Contractor fails to correct any deficiency within a reasonable period of time. SECTION 21. LEGAL AUTHORITY A. Contractor represents that it possesses the practical ability and the legal authority, to enter into this contract, receive and manage 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/she has been authorized by Contractor to execute this contract on behalf of Contractor and to bind Contractor to all terms herein set forth. SECTION 22. PREVENTION OF FRAUD AND ABUSE A. Contractor shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the weatherization assistance program and to provide for the proper and effective management of all program and fiscal activities funded by this contract. Contractor's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by Department. B. Contractor shall give Department complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the weatherization, program. Contractor shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. C. Contractor may not discriminate against any employee or other person who reports a violation of the terms of this contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is made in good faith. TDCA--4/91 - WAP/EWAP SECTION 23. CONFLICT OF INTEREST / NEPOTISM A. Contractor represents 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 with the performance of this contract and that no person having such interest shall be employed by Contractor or appointed as a member of Contractor's governing body. B. Contractor shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. C. Contractor shall ensure that no officer, employee, or member of the governing body of Contractor shall vote for or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the continued employment of a person who has been continuously employed for a -period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. SECTION 24. POLITICAL ACTIVITY AND LOBBYING A. No funds provided under this contract may be used to attempt to .influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, nor to lobby state or local elected officials. B. No federal appropriated funds may be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal loan, the entering into any of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. C. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with this federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. SECTION 25. NON—DISCRIMINATION AND EQUAL OPPORTUNITY No person 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 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. PAGE 11 OF 13 TDCA--4191 WAP/EWAP SECTION 26. SPECIAL COMPLIANCE PROVISIONS 5, A. Contractor shall comply with the requirements of all applicable laws and regulations, including but not limited to the following: - Copeland "Anti -Kickback" Act (18 U.S.C. §874 and 40 U.S.C. §276(c)) as implemented in U.S. Department of Labor regulations (29 C.F.R. Part 3); Fair Labor Standards Act, where applicable; Worker's Compensation, where applicable; and The Privacy Act of 1974 (5 U.S.C. §552a). B. In addition, if this contract exceeds One Hundred Thousand Dollars ($100,000.00) Contractor shall comply with: - Section 306 of the Clean Air Act (42 U.S.C. §1857(h)); - Section 508 of the Clean Water Act (33 U.S.C. §1368); Executive Order 11738 - Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to federal contracts, grants, or loans; and - Environmental Protection Agency regulations (40 C.F.R. Part 15). SECTION 27. DEPARTMENT REQUIRED TRAVEL A. In consideration of Contractor's staff attending the mandatory training events sponsored by Department, Contractor may be reimbursed for the actual costs of travel associated with attending the training event not to exceed the amount shown in section 4(A)(3). Travel expenses shall be computed as follows: Personal car mileage ............................$ :25 per mile Meals (actual cost not to exceed) ................$ *25.00 per diem Lodging (actual cost not to exceed) .............. $ 55.00 per diem Other Travel Expenses (actual cost not to exceed)$ 10.00 per diem Airfare (actual cost amount allowed under State Travel Regulations) *Reimbursement for meals is allowed as follows: Breakfast up to $7.00, Lunch up to $8.00; Dinner up to $10.00. B. Upon completion of the required travel Contractor shall submit to Department a Request for Payment in an amount not to exceed Departmental liabilities accrued pursuant to Subsection 4(A)(3). The Request for Payment shall be on a form specified by Department, and shall be accompanied by receipts for hotel accommodations and transportation. Receipts for meals not needed. SECTION 28. MAINTENANCE OF EFFORT Funds provided to Contractor under this contract may not be substituted for funds or resources from any other source nor in any way serve to reduce the funds or resources which would have been available to or provided through Contractor had this contract never been executed. PAGE 12 OF 13 TDCA--4/91 - WAP/EWAP SECTION 29. DEBARRED AND SUSPENDED PARTIES Contractor must not make any award (subgrant or contract) to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." SECTION 30. NO WAIVER No right or remedy given to Department by this contract shall preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time. SECTION 31. PRIOR ORAL AND WRITTEN AGREEMENTS App prior oral or written agreements between the parties hereto relating to the subject matter of this contract have been reduced to writing and are contained herein. SECTION 32. SEVERABILITY If any portion of this contract is held to invalid by a court of competent jurisdiction, the remainder of it shall remain valid and binding. SECTION 33. EXHIBITS The exhibits identified below are hereby made a part of this contract: A. Exhibits A, Expenditure Guidance B. Exhibits B, Production Schedule SIGNED this 11thday of July ,1991. CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT APPROVED FOR FORM: D6r6ald G. Vandiver Fars City Attorney 5 APPROVED FOR CONTENT: Jb-cas,� Bo Cass, Deputy City Manager By: J, C ` B.C. "Peck" cM nn Mayor TEXAS DEPARTMENT OF COMMUNITY AFFAIRS By: Larry C. Crumpton Acting Executive Director TDCA--4/91 - WAP/EWAP 1077C PAGE 13 OF 13 EXHIBIT A - EXPENDITURE GUIDANCE SHEET WEATHERIZATION ASSISTANCE PROGRAM AND ENHANCED WEATHERIZATION ASSISTANCE PROGRAM CONTRACT NO. 562048 WITH CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT CATEGORIES WAP EWAP DEPARTMENT SHARE % DEPARTMENT SHARE % 1) ADMINISTRATION* 6,995 10.526 (10/95) -0- 2) INSURANCE 1,500 -0- 3) MATERIALS** 23,182 40 7,909 40 4) PROGRAM SUPPORT/LABOR 34,773 60 11,864 60 5) SUB -TOTAL $ 66,450 $ 19,773 6) DEPARTMENT -REQUIRED TRAVEL ONLY* $ 1,084 (DNA) -0- (DNA) 7) TOTAL $ 67,534 $ 19,773 8) NUMBER OF UNITS** 35 13 NOTES: 1) Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy -related home repairs) of any building or facility. 2) Allowable administrative expenditures for the NAP are to be based on 10/95's (10.526%) of total WAP expenditures on Line 5. 3) At least 40% of the allowable amounts expended for materials, program support, and labor shall be expended for materials. * Maximum ** Minimum TDCA -- 4/91 - WAP/EWAP 1077C EXHIBIT B - PRODUCTION SHEET WEATHERIZATION ASSISTANCE PROGRAM AND ENHANCED WEATHERIZATION ASSISTANCE PROGRAM CONTRACT NO.. 562048 WITH CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT WAP SFY '91 SFY '92 CY '91 CY '92 A M J J A S 0 N D J F M TOTAL 15 10 10 35 EWAP SFY '91 SFY '92 CY '91 CY '92 A M J J A S 0 N D J F M TOTAL 13 -0- -0- -0- -0- -Q- -0-- : -Q- NOTES: 1) This WAP/EWAP Production Sheet is for facilitating plans for local expenditures and production as well as for state and federal monitoring purposes. 2) Funds for the WAP are from the following sources and in accordance with the schedule indicated. See Tables in FY '91 Texas WAP State Plan. • USDOE Categorical -- 4/1/'91 to 3/31/'92 • Exxon Oil Overcharge -- Through 8/31/'91 • LIHEAP Block Grant -- Through 9/30/'91 3) Funds for the EWAP are from the following sources and in accordance with the schedules indicated. • Stripper Well Oil Overcharge -- Through 8/31/'91 4) As of April 1, 1991, the Department does not have official information on reappropriation of oil overcharge funds for Weatherization concepts for the period beginning 9/1/'91. TDCA -- 4/91 - WAP/EWAP 1077C