Loading...
HomeMy WebLinkAboutResolution - 4841 - 2 Contracts - TDOHCA - Weatherization Assistance Program - 05/25/1995Resolution No. 4841 May 25, 1995 Item #12 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 by with the Texas Department of Housing and Community Affairs for the Weatherization Assistance Program in the anticipated amount of $158,282.00 for the period of April 1, 1995 through March 31, 1996. Said Contr ched hereto, and incorporated in this Resolution as if fully set forth herein and sh be included in e,;ninutpw6M—e—C,17y Council Passed by the City Council this 2 ay o May 995. rs.. AVID R. LANGSTON, MAY ATTEST: APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney :dplccdocs47weadup g.res May 15, 1995 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 566048 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 Ci y of _Lubbock, Housing and Community 12evelopment Department (hereinafter the "Contractor"). SECTION 2. CONTRACT PERIOD The period for performance of this contract, unless earlier terminated, is April 1, 1995 through March 31, 1996 (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 (WAP) 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. GOV'T CODE ANN. Chapter 2305), and the terms of this contract. Contractor's service area consists of the following Texas counties: Lubbock. Contractor shall provide weatherization program services to complete a minimum of 47 dwelling units during the contract period. Costs per unit, including health and safety expenses, shall not exceed S 1,854. 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) Funds for Weatherization Assistance Program: Thirty -Two Thousand Thirty -Four and no/100 Dollars ($32,034,00). (2) Funds for Training and Technical Assistance: Two Thousand Three Hundred Eight and no./1� Dollars ($2,308,00). PAGE 1 OF 12 566048 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: (U.S. Department of Energy supplemental fund contingent on U.S. DOE issuance of final rule making changes to the National Weatherization funds allocation formula and favorable state legislative action regarding requested fuel overcharge funds) Ninety -Nine ht Hundred Fifty -Five n n Dollars (2) Total Anticipated funds for Training and Technical Assistance: Two Thousand Three Hundred Eight and no/190 Dollar(S2,308,00) The budget listed below is based on current obligated fun 9-n—ly (See Section 4A). * 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 $185 per WAP unit or 10% of total cost of completed units. C. 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. 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 defined in 10 C.F.R. §440.22; PAGE 2 OF 12 566048 (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 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 Contract Period; (6) is not reported to Department on a WAP Progress Expenditure ReportiMonthly Funding Report, herein "WAPPER/MFR", 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 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. 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 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 WAP funds under Subsection 4(A)(1) by submitting to Department at its offices in Travis County, Texas a WAPPER/NiFR 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. PAGE 3 OF 12 566WAPK 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 governments). 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 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 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 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 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; (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; and (10) allowable health and safety measures. PAGE 4 OF 12 566WAPK 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 Subsection 4(A)(1) 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 Department / DOE Training Travel expenditures. 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 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. 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 Subsection 4(A)(1). 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 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 for administrative purposes under this contract. 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 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); PAGE 5 OF 12 566 WAPK (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/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; (l 0) 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 are to be separate from LIHEAP WAP files and each shall be identified with '95 DOE -WAP ahead of the numerical digits. A'95 DOE -WAP file that has EWAP funds expended on it is to be maintained in the same file with the '95 DOE -WAP with the same job number as the DOE but labeled '95 L -SWAP. 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. 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 contractor. 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 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. GOVT CODE ANN. Chapter 551. PAGE 5 OF 12 566WAPK SECTION 11. REPORTING REQUIREMENTS A. Contractor shall submit a WAPPER/MFR for each month of the Contract Period. Such monthly reports must be received by Department = Ljju th= the 2 th dU of IU follvwinmonth. Expenditure reports tt� d= even if Contractor ku i.Q newcta ivity IQ report. 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 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 pari 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 h% -o or more contract periods, 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 contract period. SECTION 12. CHANCES 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. 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 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. PAGE 7 OF 12 566WAPK 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 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. 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 17. PROPERTY MANAGEMENT A. Contractor shall develop and implement a property management system which coliforms 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. PAGE 8 OF 12 566 WAPK 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 ($504.40) 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 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 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. 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 changes in Contractor's accounting, personnel, procurement, and management procedures in order to convect 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 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. 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. PAGE 9 OF 12 566WAPK SECTION 22. 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 weatherization 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 Iaw enforcement authority, if the report is made in good faith. 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 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 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 cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. PAGE 10 OF 12 566WAPK 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 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. SECTION 26. 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 27. TRAINING AND TECHNICAL ASSISTANCE FUNDS A. In order to encourage attendance by WAP funded staff at Department sponsored and/or DOE sponsored training and/or technical assistance events, the Department has added training and technical assistance (T & T/A) funds to the contractor. B. The T & T/A funds are to be used only for Department and/or DOE training events. Contractor shall adhere to either their own board approved travel policy or the State of Texas travel policies. Reference Policy Issuance #95-16.3. C. From time to time the Department may choose to add additional funds to this category for special equipment purchases or other requested travel. SECTION 28. 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 29. 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 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 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. PAGE 11 OF 12 566WAPK SECTION 31. 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 32. 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 25th day of May CITY OF LUBBOCK, HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT 1995. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 3Y: I —4 -4 11 Henry Flores, E ecutive Director This contract is not effective unless signed by the Executive D' ector of the Department or his authorized designee. APPROVED AS TO CONTENT: APPROVED AS TO 'FORM: Doug Goodman, -Managing Director Health & Co ity Services 566048 Linda Chamales, Assistant City Attorney PAGE 12 OF 12 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 816048 FOR THE LIHEAP WEATHERIZATION ASSISTANCE I 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,Housing and Community Development Department (hereinafter the "Contractor"). SECTION 2. CONTRACT PERIOD The period for performance of this contract, unless earlier terminated, is April 1, 1995 through March 31, 1996 (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 (WAP) and Enhanced Weatherization Assistance Program (SWAP) 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 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. Contractor's service area consists of the following Texas counties: Lubbock Contractor shall provide weatherization program services to complete a minimum of 3Q dwelling units during the contract period. WAP costs per unit, including health and safety expenses, shall not exceed $1.854. EWAP costs per unit shall not exceed 51.854. 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.- PAGE f: PAGE 1 OF 12 816048 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: The budget listed below is based on current.obligated funds ons (See Section 4A). CATEGORIES PLANNED AMOUNT % ADMINISTRATION* 2,153 MATERIALS" * 13,949 40 PROGRAM SUPPORT/LABOR 20,923 60 HEALTH AND SAFETY*** 3,874 10 TOTAL 40,899 DWELLING UNITS TO COMPLETE 21 , Y * Denotes maximum for administration based on 5.26315% of total allowable expenditures. The 5.26315% applies to the aggregate expenditures of both WAP and SWAP. * * Denotes minimum of 40% of materials, program support and labor shall be expended for materials. The 40% applies to each program seperately. *** Denotes maximum aggregated units' total for allowable Health and Safety costs applied at $185 per WAP unit or 10% of total cost of completed units. Under the EWAP, Health & Safety costs are limited to the total maximum allowable expenditures per unit. C. 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. 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 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 G.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; PAGE 2 OF 12 (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/Monthly Funding Report, herein "LI-EWAPPERIMFR", within sixty (60) days of the termination of this contract; (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. 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 overpa}ment 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 S, METHOD OF PAYMENT 1 CASH BALANCES A. Each month, Contractor may request an advance payment of LIHEAP funds under Subsection 4(A) by submitting to Department at its offices in Travis County, Texas a LI-WAPPER/MFR and LI-EWAPPERIMFR, 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. 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). PAGE 3 OF 12 816WAPK 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 as specified in the Department's "Criteria and Procedures for Termination or Nonrenewal of Weatherization Subgrantee Contracts" -- Policy Issuance 495-12.8 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 9. 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 Subsection 4(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) 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 (leasing only); (7) employment of on-site supervisory personnel; (8) storage of weatherization materials, tools, and equipment; (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; and (10) the cost of eliminating health and safety hazards necessary for installation of weatherization materials. PAGE 4 OF 12 816WAPK C. Allowable expenditures of SWAP funds awarded under Subsection 4(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 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 cost may include reasonable costs associated with Contractor's administrative personnel, travel (out of sen -ice area), audit fees, office space, equipment, and supplies which are necessary for the administration of WAP and SWAP. Administrative costs are earned based upon the allowable percentage of total allowable expenditures. 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 Subsection 4(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) trairuine 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 REQ'UIRENMENTS 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 or inventory removal sheets; PAGE 5 OF 12 816WAPK (5) invoices of labor; (6) Landlord/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; (1 Q) 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. C. For each dwelling unit weatherized with funds received from EWAP under this contract, Contractor shall maintain a file containing the following information: (1) Assessment/Building Enhanced Weatherization Report with certification and final inspection (Department form); (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 SWAP files shall be maintained in the same folder and assigned the same numerical unit identification number, except that each number shall be preceded with '95 L -WAP if it is a unit completed with WAP measures and'95 L -SWAP 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 contractor. 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 Open Records Act, TEX. GOVT CODE ANN. Chapter 551. PAGE 6 OF 12 816WAPK SECTION It. REPORTING REQUIREMENTS A. For each month of the Contract Period, Contractor shall furnish Department with expenditure reports for the previous month by submitting a LI-WAPPER/MFR and LI-EWAPPER/MFR. Such monthly reports must be received by Department It_Q I&W Iku JU 24Ih day of IU fa114winmonth. Expenditure reports &g dg even jf!CQntracto hm n -Q neer activity IQ report during tg month. B. Contractor shall submit to Department within sixty (60) days following the date of termination of this contract final expenditure reports utilizing the LI-WAPPER/NfFR 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 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 v ith funds received under this or previous weatherization assistance program contracts. The inventory shall reflect the 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, 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 contract periods, 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 contract period. SECTION 12. 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 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 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. IXT" *Ell Off is 816WAPK 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. 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 lb. 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 Govenunent 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 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. PAGE 8 OF 12 816WAPK 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 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 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. LITIGA'T'ION 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 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 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 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. PAGE 9 OF 12 8l6WAPK 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 22. 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 EWAP. Contractor shall fully cooperate %kith 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 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 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. GOV'T 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 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. PAGE 10 OF 12 8I6WAPK 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 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. SECTION 26. 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 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." 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. PAGE 11 OF 12 816WAPK 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 25 thday of May 1995. CITY OF LUBBOCK, HOUSING AND TEXAS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY AFFAIRS r BY: - 4t ----David Langsto ayor Henry Flores, 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, M aging Director Health & Commu " y Services APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney PAGE 12 OF 12 816048 Resolution No. 4841 May 25, 1995 Item 412 M E M O R A N D U M DATE: April 26, 1995 TO: Whom it may concern FROM: Rey Arias, Housing Inspector / WAP Coordinator RE_ Doe / Exxon Contract # 566048 Liheap - Wap / Ewap Contract # 816048 To Whom It May Concern,- In oncern; In regards to the above mentioned contracts, the outlined budget included on Page 2 of 12, the figures listed are not accurate. I have contacted the Texas Department of Housing and Community Affairs and they are aware of the mistakes. I am enclosing the proposed anticipated reimbursement funding with corrections made to it for the purpose of signing the contracts. They informed me that due to time constraints they need for the City of Lubbock to pass, sign and date the contract as is and that they would return a signed copy of the contracts with all corrections made to the figures and other small details. if you have any questions to this or anything else on the above mentioned contracts, feel free to call on me. Rey Arias, Housing InspectormAP Coordinator