HomeMy WebLinkAboutResolution - 5188 - Two Contracts - TDHCA - Weatherization Assistance Program - 05/23/1996RESOLUTION NO. 5188
May 23, 1996
Item #15
RESOLUTION
WHEREAS, the City of Lubbock has been offered two (2) Contracts from the Texas
Department of Housing and 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 their energy costs; and
WHEREAS, this is an annually renewable Contract that the City of Lubbock has
participated in for the last several years, 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 for and on behalf of the City of Lubbock two (2) Contracts and all related documents
with the Texas Department of Housing and Community Affairs for the Weatherization
Assistance Program in the anticipated amount of $46,730 for the period of April 1, 1996 through
March 31, 1997. Said Contracts are attached hereto, and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 23rd
ATTEST:
, I I c-�O�
Bey- ki �Cit Secretary
APPROVED AS TO CONTENT:
Doug oea&�znnaaging Director of
Health &4
y Services
APPROVED AS TO FORM:
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Amy L sistant City A orn
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ALW.jsCrDOH&CA,RES
ccdoesfMay 13, 1996
RESOLUTION N0.5188
May 23, 1996
Item #15
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 567048 FOR THE
DOE/OIL OVERCHARGE WEATHERIZATION ASSISTANCE PROGRAM
SECTION 1. PARTIES TO CONTRACT
This agreement is made by and between the Texas Department of Housing and Community
Affairs, an agency of the State of Texas (hereinafter the "Department") and CITY OF
LUBBOCK (hereinafter the "Contractor").
SECTION 2. CONTRACTOR PERFORMANCE
Contractor shall, on an equitable basis throughout its service area, develop and implement a
Weatherization Assistance Program (WAP) in accordance with Aftachment A, Budget and
Performance to assist in achieving a prescribed level of insulation in the dwellings of low-
income persons, particularly the elderly and handicapped. Contractor shall implement WAP
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 in 10 C.F.R. Parts 440 and 600, any applicable Office of Management
and Budget ("OMB") Circulars, the Texas WAP State Plan, the Oil Overcharge Restitutionary
Act (TEX. GOVT CODE ANN. Chapter 2305), and the terms of this contract.
SECTION 3. 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 specified in Attachment A of this contract.
B. Department's obligations under this contract are contingent upon the actual
receipt by Department of adequate state and federal 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.
C. Department is not liable for any cost incurred by Contractor which:
is incurred to weatherize a dwelling unit which is not an eligible dwelling unit
as 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 loca 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 previously weatherized with WAP 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 allocation year;
6. is not reported to Department on a WAP Progress Expenditure
Report/Monthly Funding Report, herein "WAPPER/MFR", within sixty (60) days
of the termination of the allocation year;.
7. is subject to reimbursement by a source other than Department; or
8. is made in violation of any provision of this contract or any provision of federal
or state law or regulation, including, but not limited to, those enumerated in this
contract.
D. 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 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 4. METHOD OF PAYMENT 1 CASH BALANCES
A. Each month, Contractor may request an advance payment of WAP funds under
Attachment A by submitting to Department at its offices in Travis County, Texas a
WAPPER/MFR and a State of Texas Purchase Voucher.
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 of 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 5. 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 governments).
SECTION 6. 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 7. 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 as specified in the
Department's "Criteria and Procedures for Termination or Nonrenewal of Weatherization
Subgrantee Contracts" -- Policy Issuance #95-12.8 and in the State Plan. Department shall
notify Contractor in writing at least thirty (30) days before the date of termination.
B. 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 8 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 5 and the regulations set
forth in 10 C.F.R. 440.18, subject to the limitations and exceptions set forth in this Section.
B. Allowable WAP expenditures under Attachment A 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) the cost of weatherization
materials and labor for heating & cooling system tune ups, repairs, modification, or
replacements if such will result in improved energy efficiency as demonstrated by Savings
to Investment Ratio of 1 or better in the EASY audit; (4) transportation of weatherization
and repair materials, tools, equipment, and work crews to a storage site and to the site of
weatherization work; (5) maintenance, operation, and insurance of vehicles used to
transport weatherization materials; (6) maintenance of tools and equipment; (7) purchase
or lease of tools, equipment, and vehicles (purchase of vehicles must be approved in
advance by DOE); (8) employment of on-site supervisory personnel; (9) storage of
weatherization materials, tools, and equipment; (10) 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; and (11)
allowable health and safety measures.
C. PROVIDED THAT:
(1) 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 Attachment A shall not exceed the cost of weatherization
materials charged to WAP funds.
(2) 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 and are installed in compliance with the Materials
Installation Standards Manual.
D. Administrative costs incurred by Contractor in performing this contract are to be
based on actual expenditures and shall be allowed up to the amount outlined in Section 4.
Allowable administrative costs may include reasonable costs associated with Contractor's
administrative personnel, travel (out of service area), office space, equipment, and supplies
which are necessary for the administration of WAP. Administrative costs are earned
based upon the allowable percentage of total allowable expenditures, excluding the
allowance for Department 1 DOE Training Travel.
E. The cost of liability insurance for the weatherization program for personal injury
and for property damage, not to exceed Fifteen Hundred Dollars ($1,500.00) shall be an
allowable WAP expenditure under Attachment A_ 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. Amounts in excess of the $1,500 are to be charged to the
administrative category.
F. The cost for supporting fiscal audit expenses for the weatherization program not to
exceed Eight Hundred Dollars ($800.00) shall be an allowable WAP expenditure under
Attachment A.
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
WAP expenditure under Attachment A.
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 for administrative purposes
under this contract.
4
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 9. 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 specified by Department.
B. For each dwelling unit weatherized with funds received from 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 and/or inventory removal sheets;
(5) invoices of labor;
(6) Landlord Agreement for (including Exhibits A and B), Landlord Financial
Participation For and Permission to conduct Energy Audit form (Department
form) if a rental unit;
(7) Self-help Certification (Department form), if applicable;
(8) Notice of Denial (Department form) if applicable;
(9) Building Assessment form,-
(10)
orm;(10) Attic Inspection (Department form);
(11) Justification for Omission of Priorities (Department form), if applicable;
(12) Blower Door Data Sheet; and
(13) Other forms as may be required via the Issuance System.
WAP unit files for this contract shall be kept separate from LIHEAP WAP files and each
shall be identified with allocation year number followed by "DOE -WAP". A DOE -WAP file
WE
that has SWAP funds expended on it shall be maintained in the same file with the DOE -WAP
with the same job number as the DOE but labeled allocation year number followed by "DOE-
EWAP",
C. Materials standards documentation for weatherization materials purchased under this
contract. These standards must meet the requirements as per Appendix A of 10 CFR 440
and the Material Installation Standards Manual.
D. Contractor shall 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.
E. 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 Public Information Act,
TEX. GOVT CODE ANN. Chapter 551.
SECTION 10_ REPORTING REQUIREMENTS
A. Contractor shall submit a WAPPER/MFR for each month of the allocation period.
Such monthly reports must be received by Department no later than the 20th day of the
following month. Expenditure reports are due even if Contractor has no new activity to report
during the month. All reports shall be submitted electronically.
B Contractor shall submit to Department within sixty (60) days following the date of
termination of this contract final expenditure reports utilizing the WAPPER/MFR. 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 weatherization
program contracts to Contractor.
C. Contractor shall submit to Department no later than sixty (60) days after the end of
the allocation year 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 allocation year.
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 allocation years, funds may be
withheld or this contract suspended or terminated by Contractors failure to submit a report
or response (including a report of audit) past due from a prior allocation year.
SECTION 11. CHANGES AND AMENDMENTS
Any change in the terms of this contract 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. Except as otherwise specifically provided herein any other change in the
terms of this contract shall be by amendment hereto in writing and executed by both parties to
this contract or by a Letter of Notification (LON).
SECTION 12_ 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 of reimbursement of 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 13. 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 14. 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 #8810.1.
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 15. 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. Sec. 7501 (hereinafter the "Audit Act"), OMB Circular
No. A-128, "Audit Requirements for State and Local Governments", or OMB Circular No. A-
133 "Audits of Institutions of Higher Education and Other Nonprofit Organizations",
the Uniform Grant Management Standards, Generally Accepted Government Auditing
Standards and Department's supplemental audit requirements. Contracts for audit
services shall include a reference to the Audit Act and OMB Circular Nos. A-128 or A-
133. 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
within the time limit required by the "Audit Act". Audits performed under this section are
subject to review and resolution by Department or its authorized representatives.
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 16. PROPERTY MANAGEMENT
A. Contractor acknowledges that any 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 weathedzation assistance program
contracts are not assets of either the contractor or the Department but are held in trust for
the Weathedzation Assistance Program and as such are assets of the Program.
B. 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 weatherizabon assistance program contract
except in accordance with its own property management system and Department Issuances.
C. 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.
D. In addition to the inventory of vehicles tools, and equipment required under Section
11, Contractor shall take a physical inventory of all WAP 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 cause of the difference.
8
SECTION 17. 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 18. 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.
SECTION 13. 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
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 identified 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 20. 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.
C. Department shall have the right to suspend or terminate this contract if there is a
dispute as to the legal authority of either Contractor or the person signing this contract to
enter into this contract or to render performances hereunder. Should such suspension or
termination occur, contractor is liable to Department for any money it has received for
performance of the provisions of this contract.
SECTION 21. PREVENTION OF FRAUD AND ABUSE
A. Contractor shall establish, maintain, and utilize intemal control systems and
procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse
in WAP 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 must be clearly documented and the documentation
made 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 weathedzation program.
Contractor shall fully cooperate with Department's efforts to detect, investigate, and
prevent waste, fraud, and abuse. Contractor shall immediately notify the Department of
any identified instances of waste, fraud, or 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.
SECTION 22. 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 in, directly or indirectly, 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 agrees that it will comply with TEX. GOVT CODE ANN. Chapter 573 by
ensuring 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 23. 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
If
Congress in connection with the awarding of any federal loan, the entering into 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 federally 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 a Certification Regarding Lobbying form in
accordance with its instructions.
SECTION 24. 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.
SECTION 25. SPECIAL COMPLIANCE PROVISIONS
Contractor shall comply with the requirements of all applicable laws and regulations,
including those specified in 10 C.F.R. Sec. £00.436 (i).
SECTION 26. TRAINING AND TECHNICAL ASSISTANCE FUNDS
Training and technical assistance funds shall be used only for Department and/or DOE
training events. Contractor shall adhere to either it's own board approved travel policy or the
State of Texas travel policies as well as to Policy issuance #95-16.3.
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Contract 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.
SECTION 28. DEBARRED AND SUSPENDED PARTIES
Contractor must not make any award (subgrant or contract) to any party which is debarred or
suspended or is otherwise excluded from or ineligible for participation in Federal assistance
programs under Executive Order 12549, "Debarment and Suspension."
II
SECTION 29. 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 or remedy 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 30. PRIOR ORAL AND WRITTEN AGREEMENTS
All 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 31. SEVERABILITY
If any portion of this contract is held to be invalid by a court of competent jurisdiction, the
remainder of it shall remain valid and binding.
SIGNED this 23rd day of May . 1996.
UBBOCK
David R. Langston, Mayor
TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS
f:0
T.D.H.C.A. - Executive Director
This contract is not effective unless signed by the Executive Director of the Department or his
authorized designee.
APPROVED AS TO CONTENT:
Doug Goodman naging Director
Health & Commu ity Services
ATTEST:
BettyV. Joh on, City Secretary
12
APPROVED AS TO F
Anly W itt,
A m v
DOE / OIL OVERCHARGE WEATHERIZATION ASSISTANCE PROGRAM
ATTACHMENT A - BUDGET AND PERFORMANCE
CONTRACTOR NAME: CITY OF LUBBOCK
CONTRACT NUMBER: 567048
ALLOCATION YEAR: 567
ALLOCATION PERIOD
The period for performance of this contract, unless earlier terminated, is
April 1, 1996 through March 31, 1997 (hereinafter the"Allocation Period").
DEPARTMENT FINANCIAL OBLIGATIONS
$6,317.00 WAP FUNDS CURRENTLY AVAILABLE
$443.00 TRAINING AND TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$34,942.00 TOTAL ANTICIPATED WAP FUNDS
$443.00 TOTAL ANTICIPATED TRAINING AND TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Letter of Notification. Funds may only
be obligated and expended during the current allocation year. Unexpended
fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES DEPARTMENT SHARE
ADMINISTRATION*
$665.00
INSURANCE
$.00
FISCAL AUDIT
$800.00
MATERIALS**
$1,712.00 40%
PROGRAM SUPPORT/LABOR
$2,569.00 60%
HEALTH AND SAFETY***
$571.00 10%
SUB -TOTAL
$6,317.00
TRAINING AND TECHNICAL
$943.00
ASSISTANCE
$3.00
TOTAL
$6,760.00
DWELLING UNITS TO COMPLETE
3.00
Page ]
Denotes maximum for administration based on 10.526315% of total allowable
expenditures excluding travel for training.
** Denotes minimum of 40% of costs for materials, program support and labor
shall be expended for materials.
***Denotes maximum aggregated units' total for allowable Health and Safety
costs applied at 10% of total cost of completed units.
Contractor's service area consists of the following Texas counties:
Lubbock County
Contractor shall provide weatherization program services to complete a
minimum of 15 dwelling units during the allocation year. WAP costs per unit
including health and safety expenses, shall not. exceed $1,902.
Signatures:
Contractor Executive Director
TDHCA Executive Director
0
Page 2
RESOLUTION N0.3188
May 2.3: 1996
Item 415
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 817048 FOR THE
LIHEAP WEATHERIZATION ASSISTANCE / ENHANCED WEATHERIZATION
ASSISTANCE PROGRAMS
SECTION 1. PARTIES TO CONTRACT
This agreement is made by and between the Texas Department of Housing and Community
Affairs, an agency of the State of Texas (hereinafter the "Department') and CITY OF
LUBBOCK (hereinafter the "Contractor").
SECTION 2. CONTRACTOR PERFORMANCE
Contractor shall, on an equitable basis throughout its service area, develop and
implement a Weatherizabon Assistance Program (WAP) and Enhanced Weatherization
Assistance Program (EWAP) in accordance with Attachment A, Budget and Performance
to assist in achieving a prescribed level of insulation in the dwellings of low-income persons,
particularly the elderly, handicapped and households with small children. 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 in 10 C.F.R. Parts 440
and 600, any applicable Office of Management and Budget ("OMB") Circulars, the Texas
Weatherization Assistance Program State Plan, the LIHEAP State Plan, The Low -Income
Home Energy Assistance Act of 1981 (42 U.S.C.8621 et seq.) the implementing regulations
in 45 C.F.R. Part 96, and the terms of this contract.
SECTION 3. 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 specified in Attachment A of this contract.
B. Department's obligations under this contract are contingent upon the actual receipt
by Department of federal LIHEAP 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.
C. 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 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 previously weatherized with
weatherization assistance program funds, except as provided for in 10
C.F.R.440.18(e)(2);
(4) is for Contractors administrative costs incurred in excess of the maximum I
imitation set forth in Section 9 of this contract;
(5) is not incurred during the allocation year;
(6) is not reported to Department on a LIHEAP Progress Expenditure
Report/Monthly Funding Report, herein "Ll-WAPPER/MFR" or a LIHEAP
Enhanced Progress Expenditure Report/Monthiy Funding Report, herein "Ll-
EWAPPER/MFR", within sixty (60) days of the termination of this allocation
year;
(7) is charged to WAP, reported as such to the Department, and later changed
and charged to EWAP. Charges made to EWAP and reported as such to
the Department may not be later changed and charged to WAP.
(8) is subject to reimbursement by a source other than Department; or
(9) is made in violation of any provision of this contract or any provision of federal
or state law or regulation, including, but not limited to those enumerated in this
contract.
D. 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 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 4. METHOD OF PAYMENT / CASH BALANCES
A. Each month, Contractor may request an advance payment of LIHEAP
funds under Attachment A by submitting to Department at its offices in Travis
County, Texas a LI-WAPPER/MFR and LI-EWAPPER/MFR, and one State of Texas
Purchase Voucher.
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.
2
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 5. 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 6. 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 7. 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 as specified
in the Department's "Criteria and Procedures for Termination or Nonrenewal
of Weatherization Subgrantee Contracts"—Policy Issuance #95-12.8 and in the State
Plan. 'Department shall notify Contractor in writing at least thirty (30) days before the
date of termination.
B. 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 8. ALLOWABLE EXPENDITURES
A. The allowance of Contractor's costs incurred in the performance of this contract shall
be determined in accordance with the provisions of Section 5 and the regulations
set forth in 10 C.F.R. 440.18, subject to the limitations and exceptions set forth in this
Section.
B Allowable WAP expenditures under Attachment A 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) the
cost of weatherization materials and labor for heating & cooling system tune ups,
repairs, modification, or replacements if such will result in improved energy efficiency
as demonstrated by Savings to Investment Ratio of 1 or better in the EASY audit;
(4) transportation of weatherization and repair materials, tools, equipment, and work
crews to a storage site and to the site of weatherization work; (5) maintenance,
operation, and insurance of vehicles used to transport weatherization materials; (6)
maintenance of tools and equipment; (7) purchase or lease of tools, equipment,
and vehicles (leasing only); (8) employment of on-site supervisory personnel; (9)
storage of weatherization materials, tools, and equipment; (10) 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; and (11) the cost of eliminating health and safety hazards
necessary for installation of weatherization materials.
C. Allowable expenditures of SWAP funds awarded under Attachment A include: (1)
the expenditures listed above in Subsection 9(B), (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 as demonstrated by an SIR of 1 or greater
in the EASY audit or the current equipment poses a health or safety risk, and/or (3)
health and safety of a dwelling unit. All expenditures of EWAP funds must be in
conformity with any EWAP regulations or issuances promulgated by Department.
D. 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. and are installed in compliance with the Materials Installation Standards
Manual.
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 outlined in
Section 4. 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
WAP and EWAP. Administrative costs are earned based upon the allowable
percentage of total allowable expenditures.
4
F. 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 WAP expenditure under Attachment A .
G. 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 for
administrative purposes under this contract.
H. 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 9. RECORD KEEPING REQUIREMENTS
A
n -
C
Contractor shall comply with the record keeping requirements set forth at10 C.F.R.
440.24 and with such additional record keeping requirements as specified by
Department.
For each dwelling unit weatherized with funds received from 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) Landlord Agreement form (including Exhibits A and B), Landlord Financial
Participation Form and Permission to Conduct Energy Audit form (Department
foram) if a 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;
(12) Blower Door Data Sheet; and
(13) Other forms as required by the Issuance system.
For each dwelling unit weatherized with funds received from EWAP under this
contract, Contractor shall maintain a file containing the following information:
(1) Assess ment/Building Enhanced Weatherization Report with certification and
final inspection (Department form),-
(2)
orm);(2) Invoices for materials purchased or inventory removal sheets;
(3) Invoices for labor; and
(4) Other forms as required by the Issuance system.
Both WAP and EWAP files shall be kept in the same folder and assigned the same numerical
unit identification number, except that each number shall be preceded with allocation year
number followed by "L -WAP" if it is a unit completed with WAP measures and allocation year
number followed by "L-EWAP" if it is a unit completed with EWAP measures.
D. Materials Standards - documentation of WAP materials meeting the required
standard must be on file.
E. Contractor shall 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.
F. All WAP and EWAP 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 Public Information Act, TEX. GOVT CODE ANN. Chapter 551.
SECTION 10. REPORTING REQUIREMENTS
A. For each month of the allocation period, Contractor shall fumish Department with
expenditure reports for the previous month by submitting a LI-WAPPER/MFR
and LI-SWAPPER/MFR. Such monthly reports must be received by Department no
later than the 201h day of the following month. Expenditure reports are due even if
Contractor has no new activity to report during the month. All reports shall be
submitted electronically.
B. Contractor shall submit to Department within sixty (60) days following the date of
termination of the allocation period a final expenditure reports utilizing the Ll-
WAPPER/MFR and LI-EWAPPER/MFR. 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 weatherization program contracts to
Contractor.
C. Contractor shall submit to Department no later than sixty (60) days after the end of
the allocation year 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
R
weathenzation assistance program contracts. The inventory shall reflect the tools,
and equipment on hand as of the last day of the allocation year.
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, by HHS or by the 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 WAP and EWAP funds from Department over two or more
allocation years, funds may be withheld or this contract suspended or terminated by
Contractor's failure to submit a report or response (including a report of audit) past
due from a prior allocation year.
SECTION 11. CHANGES AND AMENDMENTS
Any change in the terms of this contract 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. Except as otherwise specifically provided herein, any other change in the
terms of this contract shall be by amendment hereto in writing and executed by both
parties to this contractor by a Letter of Notification (LON).
SECTION 12. 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 of reimbursement of 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 13, 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 disallowedcosts
or other claims asserted by any person in connection with the services to be performed by
Contractor under this contract.
7
SECTION 14. 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.
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 15, 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. Sec. 7501 (hereinafter the
"Audit Act"), OMB Circular No. A-128, "Audit Requirements for State and Local
Governments", or OMB Circular No. A-133 "Audits of Institutions of Higher
Education and Other Nonprofit Organizations", the Uniform Grant Management
Standards, Generally Accepted Government Auditing Standards and Department's
supplemental audit requirements. Contracts for audit services shall include a
reference to the Audit Act and OMB Circular Nos. A-128 or A-133. 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
within the time limit required by the "Audit Act". Audits performed under this section
are subject to review and resolution by Department or its authorized representatives.
C. Contractor shall take immediate corrective action after issuance of the audit report
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 16. PROPERTY MANAGEMENT
A. Contractor acknowledges that any 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
weathehzation assistance program contracts are not assets of either the contractor or
the Department but are held in trust for the Weathenzation Assistance Program and
as such are assets of the Program.
B. 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.
C_ 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.
D. In addition to the inventory of tools and equipment required under Section 11,
Contractor shall take a physical inventory of all WAP 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 cause of the difference.
SECTION 17. 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 18. 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.
SECTION 19. 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 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 identified 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 20. 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.
C. Department shall have the right to suspend or terminate this contract if there is a
dispute as to the legal authority of either Contractor or the person signing this
contract to enter into this contract or to render performances hereunder. Should
suspension or termination occur, contractor is liable to Department for any money it
has received from Department for performance of the provisions of this contract.
SECTION 21. PREVENTION OF FRAUD AND ABUSE
A. Contractor shall establish, maintain, and utilize internal control systems and
procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and
abuse in WAP 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 must be clearly
documented and the documentation made 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 WAP and EWVAP.
Contractor shall fully cooperate with Department's efforts to detect, Investigate, and
prevent waste, fraud, and abuse. Contractor shall immediately notify the Department
of any identified instances of waste, fraud, or 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.
10
SECTION 22. 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 in, directly or indirectly, 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 agrees that it will comply with TEX. GOVT CODE ANN. Chapter 573 by
ensuring 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 23. 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 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 federally 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 a Certification
Regarding Lobbying form in accordance with its instructions.
SECTION 24. 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.
SECTION 25. SPECIAL COMPLIANCE PROVISIONS
Contractor shall comply with the requirements of all applicable laws and regulations,
including those specified in 10 C.F.R. Sec. 600.436(i).
SECTION 26. MAINTENANCE OF EFFORT
Funds provided to Contract 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.
SECTION 27. DEBARRED AND SUSPENDED PARTIES
Contractor must not make any award (subgrant or contract) to any party which is debarred
or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549, "Debarment and Suspension."
SECTION 28. 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 or remedy 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 29. PRIOR ORAL AND WRITTEN AGREEMENTS
All 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.
12
SECTION 30. SEVERABILITY
If any portion of this contract is held to be invalid by a court of competent jurisdiction, the
remainder of it shall remain valid and binding.
SIGNED this 23rd day of May , 1996.
TEXAS DEPARTMENT OF HOUSING
AND COMMUNITY AFFAIRS
EXECUTIVE DIRECTOR
This contract in not effective unless signed by the Executive Director of the Department or his
authorized designee.
APPROVED AS TO CONTENT:
'r
Doug Goof,an, Managing Director
Health & Community Services
ATTEST:
Betty M. Jon Von, City Secretary
13
LIHEAP WEATHERIZATION ASSISTANCE / ENHANCED WEATHERIZATION ASSISTANCE
PROGRAMS
ATTACHMENT A - BUDGET AND PERFORMANCE
CONTRACTOR NAME: CITY OF LUBBOCK
CONTRACT NUMBER: 817048
ALLOCATION YEAR: 817
ALLOCATION PERIOD
The period for performance of this contract, unless earlier terminated, is
April 1, 1996 through March 31, 1997 (hereinafter the "Allocation Period").
DEPARTMENT FINANCIAL OBLIGATIONS
$39,970.00 LIHEAP FUNDS CURRENTLY AVAILABLE
$46,199.00 TOTAL ANTICIPATED LIHEAP FUNDS
Additional funds may be obligated via Letter of Notification. Funds may
only be obligated and expended during the current allocation year.
Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES DEPARTMENT SHARE
ADMINISTRATION* $2,104.00
MATERIALS** $13,632.00
PROGRAM SUPPORT/LABOR $20,448.00
HEALTH AND SAFETY*** $3,787.00
TOTAL $39,970.00
DWELLING UNITS TO COMPLETE 20
Page 1
°r
40%
60%
10%
Contract # 817048
Attachment A — Page 1
* Denotes maximum for administration based on 5.26315% of total allowable
expenditures. The 5.26315% applies to the aggregate expenditures of
both WAP and EWAP.
** Denotes minimum of 40% of materials, program support and labor shall be
expended for materials. The 40% applies to each program separately.
***Denotes maximum aggregated units' total for allowable Health and Safety
costs applied at 10% of the total cost of completed units. Under the
EWAP, Health & Safety costs are limited to the total maximum allowable
expenditures per unit.
Contractor's service area consists of the following Texas counties:
Lubbock County
Contractor shall provide weatherization program services to complete a
minimum of 23 dwelling units during the allocation year. WAP costs per
unit, including health and safety expenses, shall not exceed $1,902. EWAP
costs per unit shall not exceed $1,902.
Signatures:
Contractor Executive Director
TDHCA Executive Director
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Contract # 817048
Attachment A - Page 2