HomeMy WebLinkAboutResolution - 3348 - Contract - TDCA - Weatherization Assistance Program - 04/12/1990Resolution # 3348
April 1.2, 1990
RESOLUTION Item #25
WHEREAS, the City of Lubbock has been offered a contract from the Texas
Department of Community Affairs to administer a program to weatherize the
home of low income families in Lubbock County, and
WHEREAS, the City Council of the City of Lubbock believes it to be in
the best interest of the health, safety and welfare of the citizens of the
County of Lubbock to make it possible for low income families to conserve
energy and to reduce energy costs,
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute a contract and related documents with the Texas
Department of Community Affairs in the anticipated amount of $39,545 for the
period of April 1, 1990 through March 31, 1990. A copy of said contract is
attached hereto to be spread upon the minutes of the Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
Ranett/e Boyd, City Se
APPROVED AS TO CONTENT:
endit6, D
APPROVED AS TO FORM:
12th day of April , 1990.
c
B.C. MCMIN , MMOR
for of Community Relations
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D6nX d G. Vandiver, *!9sistant City Attorney
ATTACHMENT 2
P"�. 3-:3kf?
Page 1 of 8
GRANT PROPOSAL EVALUATION FORM
COVER SHEET
GRANT NAME: Weatherization Assistance Program
GRANT AGENCY: Texas Department of Community Affairs
GRANT FISCAL PERIOD: 4-1-90 to 3-31-91
MONTH/DATE/YEAR TO MONTH/DATE/YEAR
CITY DEPARTMENT/INDIVIDUAL
PREPARING GRANT: Sylvia A. Martinez
(Whom to contact in case of questions)
APPROVALS:
DEPARTM NT HEAD
ASSISTANT CITY MANAGER OR CHIEF OF POLICE
BUDGET AND RESEARCH DIRECTOR
DEPUTY CITY MANAGER
Upon completion of approvals, return to:
DATE
C///
DATE
DATE
DATE
Sylvia A. Martinez Community Services by April 12, 1990
INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE
A25-1
CITY OF LUBBOCK
GRANT PROPOSAL EVALUATION FORM
INSTRUCTIONS•
page 2 of 8
This form must be completed and signed by the appropriate individuals in
order for a grant application to,be evaluated and approved by the City
Manager.
1. State, as clearly as possible, the goals and objectives of the proposed
project for which a grant is being sought.
The purpose of the Weatherization Assistance Program is to achieve a
healthful environment and maximum practicable energy conservation in the
dwellings of low-income persons, particularly the elderly and
handicapped, as well as those persons least able to afford high energy
costs.
A. Is this the fulfillment of an identifiable community (Lubbock) goal?
If so, list the source of the identified goal.
Yes. Community Services Budget FY90, as well as the Health,
Education, Safety and Human Services Lubbock: 2005 Community Goals,
Goal 3.0 - Develop a comprehensive system for delivery of public
health and human services to assure than no person is without such
basic services as food, clothing, housing, utilities, and health,
dental, and metal health care.
B. Is this the fulfillment of an identifiable community (Lubbock) need?
If so, please provide quantifiable data (studies, etc.) that
illustrate the community need and how this grant will meet that need:
Yes. Estimates are that 12% of the Lubbock County population are low
income. This grant will be able to assist qualified low-income
families in need of home repairs.
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page 3 of 8
2. List at least three measures by which City Staff and City Council might
be able to evaluate the program in order to determine that it has reached
the goals and objectives described in Question 1.
- Ensure that each approved home has been properly weatherized in
accordance with state and city guidelines.
- Continue to implement a comprehensive team approach to services by
having the client, contractor, and coordinator responsible for quality
services being provided.
- Develop a Energy Savings Survey.
3. Will this program benefit the Lubbock community as a whole? If not,
please provide a detailed profile of the individuals or groups that will
benefit from the program.
No. Only low-income elderly, handicapped or families with small
children who meet income and program guidelines.
4. Are other agencies (other than the City of Lubbock) available to
administer this program? If so, list the agencies:
No.
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5. Are other agencies administering similar programs? If so, list the other
agencies. If not, why not?
No. There are no other agencies in Lubbock County with similar programs.
Lubbock was designated as a grantee in the area due to its central
location.
6. Is the program or activity provided by this grant required by state or
federal law or required as a condition of other ongoing state or federal
programs? Please explain:
No.
7. Does the grant require a local match? If so, in what amount? Is the
match in the form of cash or an in-kind contribution?
No.
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8. Is the grant for capital or operating programs? Please describe
specifically what the funds will be used for (personnel, supplies,
services, capital outlay, capital project, etc.).
Operating Program:
Personnel : 5.26% of grant expenditure funds on full-time employee
Direct Services: Sub contractors work:
- supplies
- labor
A. If the grant is for capital outlay or a capital project, will it
result in ongoing City operational costs? Is so, explain in detail.
No.
B. If the grant is for an operating program or programs, is it a one-time
grant which will result in ongoing City expenses, if the program is to
be continued in the future?
This grant should be considered as a one time grant. Due to federal
appropriation, funds will be contingent on congress's approval. The
percentage of funding may vary from year to year.
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C. Does the grant require continuation of the program, at City expense,
after grant funding has expired? If so, how long will the City be
obligated to expend local funds, and in what areas? Be specific.
QM
9. Is the grant a one-time grant, a one-time grant with an option to renew
the grant, or an on-going grant? If the grant in on-going, how many
years has the grant been provided to the City, and what year does the
upcoming period represent (2nd year, 5th year, etc.). If the grant has
an option to renew, how often can it be renewed, and what are the terms
of renewal? Please explain.
This grant has been funded for over eight years. The upcoming period is
the 9th grant period and is for 12 months. (Grant periods are dependent
on the amount of Federal funds available).
10. Are indirect costs reimbursed by the grant?
No.
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11. Are grant audit costs reimbursed by the grant?
No.
12. What is the immediate (twelve-month) impact of the grant program on City
employee allocation and utilization? How will this affect their work
hours, productivity, etc. on City programs and activities?
This grant only provides 5.26% administrative cost. One full-time
employee coordinates this project. Additional funding for this employee
is provided through the Community Services Block Grant.
13. What is the long-term (five-year) financial and manpower impact of the
grant program both on the community and on the City organization?
Refer to No. 14.
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Page 8 of 8
14. Provide, in as much detail as possible, a 5 -year Revenue and Expenditure
Projection for the grant related program beginning with the current year
or the first year this grant will be in effect. Show any ongoing costs
to the City, even if the grant si only for one year. If the grant is
renewable or ongoing, show the estimated revenues and expenditures for
future years that you intend to renew/continue the grant (up to five
years) .
Be sure to fully explain the source and type of revenues (in-kind)
contribution, reimbursement of expenses, etc.) and fully explain the
specific types of expenditures (payroll for 1/2 time clerk, purchase
desk, capital project construction, etc.). Attach additional sheets if
necessary.
FOR GRANT FISCAL YEAR (FROM 4-1-90 to 3-31-91*):
1991 1992 1993 1994 1995
Revenues
Federal Grant
State Grant 39,545 39,545 39,545 39,545 39,545
Local Match
Other
Total Revenues 39,545 39,545 39,545 39,545 39,545
FOR GRANT FISCAL YEAR (FROM 4-1-90 to 3-31-91*):
1991 1992 1993 1994 1995
Expenditures
Personnel 3,378 3,378 3,378 3,378 3,378
Supplies 1,500 1,500 1,500 1,500 1,500
Maintenance
Other Charges 34,667 34,667 34,667 34,667 34,667
Capital Outlay
Capital Project
Total Expenditures 39,545 39,545 39,545 39,545 39,545
* allocations are dependent on federal allocations.
A25-8
CITY OF LUBBOCK
INTEROFFICE MEMORANDUM
TO: Vaughn Hendrie, Community Relations Director
FROM: Sylvia A. Martinez, Community Services Supervisor \
SUBJECT: Enhanced Weatherization Assistance Program 1990
DATE: March 28, 1990
The Weatherization Assistance Program has been expanded to
include additional related services with additional
expenditures of up to $1,500 per dwelling unit for the
following:
-- To provide additional funds for the low-income
Weatherization Assistance Program;
-- To complete energy-related structural repair work
such as repair of roofs, walls, and floors, and
other parts of housing unit when the repairs are
necessary to complete weatherization assistance
program improvements; or,
-- To provide additional weatherization assistance
measures on individual housing units and tune-up,
repair or replacements of home heating and cooling
systems.
The City of Lubbock is entitled to $39,545 for the
above usages. Since this is a new contract it requires City
Council approval as soon as possible.
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
CONTRACT NO. 561048 FOR THE
WEATHERIZATION ASSISTANCE / ENHANCED WEATHERIZATION ASSISTANCE PROGRAMS
SECTION 1. PARTIES TO CONTRACT
This agreement is made by and between the Texas Department of Community
Affairs, an agency of the State of Texas (hereinafter the "Department") and
City- of Lubbock, Community Services Department (hereinafter- the
"Contractor")
SECTION 2. CONTRACT PERIOD
The period for performance of this contract, unless earlier terminated, is
April 1, 1990 through March 31, 1991 (hereinafter the "Contract Period").
SECTION 3. CONTRACTOR PERFORMANCE
Contractor shall, on an equitable basis throughout its service area, develop
and implement a weatherization assistance program and enhanced
weatherization assistance program (herein collectively referred to as the
"weatherization program") to assist in achieving a prescribed level of
insulation in the dwellings of low-income persons, particularly the elderly
and handicapped. Contractor shall implement the weatherization program in
accordance with the provisions of Part A of the Energy Conservation in
Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et sec.), the
U.S. Department of Energy ("DOE") regulations codified at 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 Oil
Overcharge Restitutionary Act (TEX. REV. CIV. STAT. ANN. article 4413(56),
§11), and the terms of this contract. Contractor's service area consists of
the following Texas counties: Lubbock. -. _..
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Contractor's satisfactory performance of this
contract, Department shall reimburse Contractor for the actual allowable
costs incurred by Contractor in the amount of:
(1) DOE/LIHEAP/PVE Funds for Weatherization Assistance Program:
Sixty -Three Thousand Nine Hundred Ninety -Five and no/100 Dollars
($63,995.00).
(2) PVE Funds for Enhanced Weatherization: Thirty -Nine Thousand Five
Hundred Forty -Five and no/100 Dollars ($39,545.00).
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: Ninety -Eight
Thousand Three Hundred Five and no/100 Dollars ($98.305.00).
(2) Total Anticipated Enhanced Weatherization Funds: Fifty -Nine
Thousand Three Hundred Eighteen and no/100 Dollars ($59,318.00).
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April 1990 WAP/EWAP
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y4l C. Department's obligations under this contract are
contingent upon the
actual receipt by Department of state and federal weatherization program
funds. If sufficient funds are not available,
Department shall notify
Contractor in writing within a reasonable time after such fact is
determined. Department shall then terminate this contract and will not
be liable for the failure to make any payment to Contractor under this
contract.
.D. Department is not liable for any cost incurred by Contractor which:
(1) is incurred to weatherize a dwelling unit which is not an eligible
dwelling unit as such is defined in 10 C.F.R. §440.22;
(2) is incurred to weatherize a dwelling unit which is designated for
acquisition or clearance by a federal, state; or local program
within twelve months from the date weatherization of the dwelling
unit is scheduled to be completed;
(3) is incurred to weatherize a dwelling unit previously weatherized
with Weatherization assistance program funds, except as provided
for in 10 C.F.R. §440.18(e)(2);
(4) is for Contractor's administrative costs incurred in excess of the
maximum limitation set forth in Section 9 of this contract;
"(5) -is not incurred during the Contract Period;
(6) is not reported to Department on a Weatherization Assistance
Program Progress Expenditure Report/Monthly Funding Report, herein
"WAPPER/MFR", pages l and 2 (TDCA Form 47), or a Enhanced
Weatherization Assistance Program Progress Expenditure
Report/Monthly Funding Report, herein "E-WAPPER/MFR" (TDCA Form
47-A), within sixty (60) days of the termination of this contract;
(7) is subject to reimbursement by a source other than Department; or
(8) is made in violation of the provision of federal or state law or
regulation, including, but not limited to, those enumerated in this
contract.
E. Contractor shall refund, within fifteen (15) days of Department's
request, any sum of money paid to Contractor which Department determines
has resulted in an overpayment or has not been spent in accordance with
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 / CASH BALANCES
A. Each month, Contractor may request an advance payment of Weatherization
Assistance Program ("WAP") funds under Subsection 4(A)(1) and/or a
reimbursement payment of Enhanced Weatherization Assistance Program
("EWAP") funds under Subsection 4(A)(2) by submitting to Department a
WAPPER/MFR and/or E-WAPPER/MFR, a State of Texas Purchase Voucher, and a
Compensation Report (TDCA Forms 55 and 55-A).
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April 1990 WAP/EWAP
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t .
B. Contractor's requests for advances shall be for the minimum amount
needed for the performance of this contract. In no event shall
`I 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 or OMB Circular No. A-87 as supplemented
by the Texas Uniform Grant and Contract Management Standards, 1 T.A.C.
§5.141 et seg. (hereinafter the "Uniform Grant Management -Standards"),
whichever is applicable to Contractor. All references in the Uniform Grant
Management Standards to "local government" shall be construed to mean
Contractor.
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 or OMB
Circular No. A-102 as supplemented by the Uniform Grant Management
Standards, whichever is applicable to Contractor. All references in the
Uniform Grant Management Standards to "local government" shall be construed
to mean Contractor.
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 or a provided
in Subsection 4(C). Cause for termination includes but is not limited
to Contractor's failure to comply with any term of this contract.
Department shall notify Contractor in writing at least thirty (30) days
before the date of termination.
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April 1990 WAPIEWAP
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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 6 and the regulations set forth at 10 C.F.R. §440.18, subject to
the limitations and exceptions set forth in this Section.
B. Allowable WAP expenditures under Subsection 4(A)(1) include: (1) the
purchase and delivery of weatherization materials as defined in 10
C.F.R. §440.3, but not to include storm doors; (2) labor costs in
accordance with 10 C.F.R. §440.19; (3) transportation of weatherization
and repair materials, tools, equipment, and work crews to a -storage site
and to the site of weatherization work; (4) maintenance, operation, and
insurance of vehicles used to transport weatherization materials; (5)
maintenance of tools and equipment; (6) purchase or lease of tools,
equipment, and vehicles (purchase of vehicles must be approved in
advance by DOE); (7) employment of on-site supervisory personnel; (8)
storage of weatherization materials, tools, and equipment; and (9) the
cost of incidental repairs (such as repairs to roofs, walls, floors, and
other parts of a dwelling unit) if such repairs are necessary for the
effective performance or preservation of weatherization materials.
C. Allowable expenditures of EWAP funds awarded under Subsection 4(A)(2)
include: (1) the expenditures listed above in Subsection 9(B), except
that no vehicles may be purchased with EWAP funds, and (2) the cost of
materials and labor for heating and cooling system tuneups, repairs,
modifications, or, replacements if such will result in improved energy
efficiency. All expenditures of EWAP funds must be in conformity with
any EWAP regulations or issuances promulgated by Department.
D. PROVIDED THAT:
(1) An average of at least forty percent (40%) of the funds provided
under this contract for. the items included in Subsections 9(8) &
9(C) shall be spent for materials. If incidental repairs are
necessary to make the installation of the weatherization materials
effective, the cost of incidental -repair materials charged to WAP
funds awarded under Subsection 4(A)(1) shall not exceed the cost of
weatherization materials charged to WAP funds.
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April 1990 WAP/EWAP
(2) No more than Sixteen Hundred ($1,600.00) Dollars per dwelling unit
may be charged to the funds awarded under Subsection 4(A)(1) for
the items included in Subsection 9(B). No more than Fifteen
Hundred ($1,500.00) Dollars per dwelling unit may be charged to the
funds awarded for Enhanced Weatherization under Subsection 4(A)(2)
for the items included in Subsection 9(C). The total amount that
may be expended on any dwelling unit may not exceed Three Thousand
One Hundred ($3,100.00) Dollars.
(3) Contractor shall weatherize eligible dwelling units using only
weatherization materials which meet or exceed the standards
prescribed by DOE in 10 C.F.R. Part 440, Appendix A.
E. Administrative costs incurred by Contractor in performing this contract
shall be allowed up to a maximum of 5.26% of the total allowable
expenditures incurred under Subsection 4(A)(1) during the Contract
Period. Allowable administrative costs may include reasonable costs
associated with Contractor's administrative personnel, travel, audit
fees, office space, equipment, and supplies which are necessary for the
administration of the weatherization assistance program. No
administrative costs are allowed for the EWAP funds awarded in
Subsection 4(A)(2).
F.
The cost of liability insurance for the weatherization program for
personal injury and for property damage, not to exceed Fifteen Hundred
($1,500.00) Dollars shall be an allowable WAP expenditure under
Subsection 4(A)(1). Contractor may request a written waiver of the
limit on liability insurance. The waiver request must provide price
quotes from at least three (3) insurance carriers.
G.
The cost of carrying out low-cost/no-cost weatherization activities not
to exceed Fifty Dollars ($50.00) per dwelling unit, in accordance with
10 C.F.R. §440.20, shall be an allowable 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 to be expended for
administrative purposes under this contract.
I.
To the maximum extent practicable, Contractor shall secure the services
of (1) volunteers, (2) training participants, and (3) public service
employment workers assisted pursuant to the Job Training Partnership
Act, to weatherize dwelling units under the direction of qualified
supervisors.
SECTION 10. RECORD KEEPING REQUIREMENTS
A.
Contractor shall comply with the record keeping requirements set forth
at 10 C.F.R. §440.24 and with such additional record keeping
requirements as may be specified by Department.
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April
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CB. For each dwelling unit weatherized with funds received under this
contract, Contractor shall maintain a file containing the following
information:
(1) completed Application for Weatherization Services (Department form);
(2) eligibility documentation (proof of income eligibility shall
consist of checks, check stubs, award letters, employer statements,
or other similar documents including total income and public
assistance payments); no dwelling unit shall be weatherized without
documentation that the dwelling unit is an eligible dwelling unit
as defined in 10 C.F.R. §440.22;
(3) Building Weatherization Report (Department form) to include
certification of final inspection;
(4) invoices of:materials purchased or inventory removal sheets;
(5) invoices of labor;
(6) Homeowner/Authorized Agent Certification (Department_ form) if
rental unit; —
(7) Self-help Certification (Department form), if applicable;
(8) Notice of Denial (Department form), if applicable;
(9) Building Assessment form;
(10) Attic Inspection (Department form); and
(11) Justification for Omission of Priorities (Department form), if
applicable. —
(12) Labor force records showing the name, skill specialty, and total
amount of wages paid for each laborer and supervisor.
C. 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.
D. All weatherization assistance program records maintained by Contractor,
except records made confidential by law, shall be available for
inspection by the public during Contractor's normal business hours to
the extent required by the Texas Open Records Act, TEX. REV. CIV. STAT.
ANN. article 6252-17a.
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April 1990 WAP/EWAP
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C SECTION 11. REPORTING REQUIREMENTS
A. For each month of the Contract Period, Contractor shall furnish
Department with expenditure reports for the previous month by submitting
a WAPPER/MFR and E-WAPPER/MFR. Such monthly reports must be received by
Department no later than the 10th day of the following month.
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 and E-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 contracts to Contractor.
C. Contractor shall submit to Department no later than sixty (60) days
after the end of the Contract Period an inventory of all vehicles,
tools, and equipment with a unit acquisition cost of $500.00 or more and
a useful life of more than one year, if purchased in whole or in part
with funds received under this or previous weatherization assistance
program contracts. The inventory shall reflect the vehicles, tools, and
equipment on hand as of the last day of the Contract Period.
D. Contractor shall submit such other reports, data, and information on the
performance of this contract as may be required by DOE pursuant to 10
C.F.R. §440.25, or by Department.
E. If Contractor fails to submit, in a timely and satisfactorymanner, any
report or response required by this contract, including responses to
monitoring reports, Department may withhold payments otherwise due
Contractor hereunder. Payments may be withheld until such time as the
delinquent report or response is received by Department. If the
delinquent report or response is not received within forty-five (45)
days of its due date, Department may .suspend or terminate this
contract. If Contractor receives Weatherization Program funds from
Department over two or more contract periods, funds may be withheld or
this contract suspended or terminated for Contractor's failure to submit
a report or response (including a report of audit) past due from a prior
contract period.
SECTION 12. CHANGES AND AMENDMENTS
A. Any change in the terms of this contract which is required by a change
in state or federal law or regulation is automatically incorporated
herein effective on the date designated by such law or regulation.
B. Except as otherwise specifically provided herein, any change in the
terms of this contract shall be in writing and signed by both parties to
this contract.
SECTION 13. DEPARTMENT ISSUANCES.
Department may issue directives which serve to interpret or clarify the
terms of this contract. Such directives shall be issued by Department in
the form of WAP Policy Issuances. Issuances shall not alter the terms of
this contract so as to relieve Department of any obligation to reimburse
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April 1990 WAP/EWAP
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an allowable cost incurred by Contractor prior to the effective date of the
Issuance. All WAP Policy Issuances promulgated by Department, whether
before or after the commencement date of this contract, shall govern the
performance of this contract until specifically rescinded by Department.
SECTION 14. INDEPENDENT CONTRACTOR
It is agreed that Contractor is an independent contractor. To the extent
allowed by law, Contractor agrees to hold Department harmless and indemnify
it against any disallowed costs or other claims asserted by any person in
connection with the services to be performed by Contractor under this
contract.
SECTION 15. PROCUREMENT STANDARDS & SUBCONTRACTS
A. Contractor shall develop and implement procurement procedures which
conform with the uniform administrative requirements referenced in
Section 7. Contractor shall not procure supplies, equipment, materials,
or services except in accordance with its procurement procedures and WAP
Policy Issuance #88-10.1. All procurement contracts, other than "small
purchases" as defined in WAP Policy Issuance #88-10.1, shall be in
writing and shall contain the provisions required by WAP Policy Issuance
#88-10.1. Contractor must obtain advance written permission from
Department before purchasing any equipment with a unit cost of $500.00
or more. Contractor must obtain advance written permission from DOE
through Department before purchasing any vehicle.
B. Contractor shall ensure that its subcontractors comply with all
applicable terms of this contract as if the performance rendered by the
subcontractor was being rendered by Contractor. Contractor shall
inspect all subcontractors' work and shall be responsible for ensuring
that it is completed in a good and workman -like manner.
SECTION 16. AUDIT
A. Contractor shall arrange for the performance of an annual financial and
compliance audit of the funds received under this contract. The audit
shall be made in accordance with the Single Audit Act of 1984, 31 U.S.C.
ch. 75 (hereinafter the "Audit Act"), OMB Circular No. A-128, "Audit
Requirements for State and Local Governments", the Uniform Grant
Management Standards, and Department's supplemental audit requirements.
Contracts for audit services shall include a reference to the Audit Act
and OMB Circular A-128. Contractor shall take any reasonable action
required by Department to facilitate the performance of audit(s)
conducted pursuant to this Section.
B. Contractor shall submit three (3) copies of the report of such audit to
Department no later than one hundred twenty (120) days after the end of
the audit period. Audits performed under this section are subject to
review and resolution by Department or its authorized representative.
Page 8 of 12
April 1990 WAP/EWAP
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c
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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 fonds
received under this contract. Repayment of disallowed costs shall be
made by Contractor from funds which were not made available to
Contractor under any contract with Department.
SECTION 17. PROPERTY MANAGEMENT
A. Contractor shall develop and implement a property management system
which conforms with the uniform administrative requirements referenced
in Section 7. Contractor shall not use, transfer, or dispose of any
property acquired in whole or in part with funds provided under this or
a previous weatherization assistance program contract except in
accordance with its own property management system and Department
Issuances.
B. Contractor shall establish adequate safeguards to prevent loss, damage,
or theft of property acquired hereunder and shall promptly report to
Department any loss, damage, or theft of property with an acquisition
cost of Five Hundred Dollars ($500.00) or more.
C. In addition to the inventory of vehicles, tools, and equipment required
under Section 11, Contractor shall take a physical inventory of all
weatherization assistance program materials and shall reconcile. the
results with its property records at least once every year. Any
differences between quantities determined by the inventory and those
shown in the property records shall be investigated by Contractor to
determine the causes of the difference.
SECTION 18. INSURANCE REQUIREMENTS
Contractor shall maintain adequate personal injury and property damage
liability insurance or, if Contractor is a unit of local government,
sufficient self insurance reserves, to protect against the hazards arising
out of or in connection with the performance of this contract.
SECTION 19. LITIGATION AND CLAIMS
Contractor shall give Department immediate, written notice of any claim or
action filed with a court or administrative agency against Contractor and
arising out of the performance of this contract or any subcontract
hereunder. Contractor shall furnish to Department copies of all pertinent
papers received by Contractor with respect to such action or claim.
SECTION 20. TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic on-site monitoring and
evaluation of the efficiency, economy, and effectiveness of Contractor's
performance of this contract. Department will advise Contractor in writing
of any deficiencies noted during such monitoring. Department may provide
technical assistance to Contractor and may require or suggest changes in
Contractor's accounting, personnel, procurement, and management procedures
April 1990 WAP/EWAP
Page 9 of 12
in order to correct any deficiencies noted. 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, suspend performance, terminate
this contract, or invoke other remedies in the event monitoring .reveals
material deficiencies in Contractor's performance or if Contractor fails to
correct any deficiency within a reasonable period of time.
.SECTION 21. LEGAL AUTHORITY
A. Contractor represents that it possesses the practical ability and the
legal authority, to enter into this contract, receive and manage the
funds authorized by this contract, and to perform the services
Contractor has obligated itself to perform under this contract.
B. The person signing this contract on behalf of Contractor hereby warrants
that he/she has been authorized by Contractor to execute this contract
on behalf of Contractor and to bind Contractor to all terms herein set
forth.
SECTION 22. PREVENTION OF FRAUD AND ABUSE
R. Contractor shall establish, maintain, and utilize internal systems and
procedures sufficient to prevent, detect, and correct incidents of
waste, fraud, and abuse in the weatherization assistance program and to
provide for the proper and effective management of all program and
fiscal activities funded by this contract. Contractor's internal
control systems and all transactions and other significant events are to
be clearly documented and the documentation shall be readily_ available
for monitoring by Department.
B. Contractor shall give Department complete access to all of its records,
employees, and agents for the purpose of monitoring or investigating the
weatherization assistance program. Contractor shall fully cooperate
with Department's efforts to detect, investigate, and prevent waste,
fraud, and abuse.
C. Contractor may not discriminate against any employee or other person who
reports a violation of the terms of this contract or of any law or
regulation to Department or to any appropriate law enforcement
authority, if the report is made in good faith.
SECTION 23. CONFLICT OF INTEREST / NEPOTISM
A. Contractor represents that neither it nor any member of its governing
body presently has any interest or shall acquire any interest, direct or
indirect, which would conflict with the performance of this contract and
that no person having such interest shall be employed by Contractor or
appointed as a member of Contractor's governing body.
B. Contractor shall- establish safeguards to prohibit its employees from
using their positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties.
Page TO of 72
April 1990 WAPIEWAP
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C. Contractor shall ensure that no officer, employee, or member of the
governing body of Contractor shall vote for or confirm the employment of
any person related within the second degree by affinity or third degree
by consanguinity to any member of the governing body or to any officer
or employee authorized to employ or supervise such person. This
prohibition shall not prohibit the continued employment of a person who
has been continuously employed for a period of two years prior to the
election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
SECTION 24. POLITICAL ACTIVITY AND LOBBYING
A. No funds provided under this contract may be used to attempt to
influence in any manner a member of Congress to favor or oppose any
legislation or appropriation by Congress, nor to lobby state or local
elected officials.
B. No federal appropriated funds may be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal loan, the entering into any
of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
C. If any funds other than federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of congress in
connection with this federal contract, grant, loan, or cooperative
agreement, Contractor shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
SECTION 25. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground of race,. color, religion, sex, national
origin, age, handicap, political affiliation or belief be excluded from
participation in, be denied the benefits of, be subjected to discrimination
under, or be denied employment in the administration of or in connection
with any program or activity funded in whole or in part with funds made
available under this contract.
SECTION 26. SPECIAL COMPLIANCE PROVISIONS
A. Contractor shall comply with the requirements of all applicable laws and
regulations, including but not limited to the following:
- Copeland "Anti -Kickback" Act (18 U.S.C. §874 and 40 U.S.C. §276(c)) as
implemented in U.S. Department of Labor regulations (29 C.F.R. Part 3);
Fair Labor Standards Act, where applicable;
- Worker's Compensation, where applicable; and
- The Privacy Act of 1974 (5 U.S.C. §552a).
Page 11 of 12
April 1990 WAP/EWAP
B. In addition, if this contract exceeds One Hundred Thousand Dollars
'($100,000.00) Contractor shall comply with:
- Section 306 of the Clean Air Act (42 U.S.C. 1857(h));
- Section 508 of the Clean Water Act (33 U.S.C. 1368);
- Executive Order 11738 - Providing for administration of the Clean
Air Act and the Federal Water Pollution Control Act with respect to
federal contracts, grants, or loans;
- Environmental Protection Agency regulations (40 C.F.R. Part 15).
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Contractor under this contract may not be substituted for
funds or resources from any other source nor in any way serve to reduce the
funds or resources which would have been available to or provided through
Contractor had this contract never been executed.
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.
SECTION 30. SEVERABILITY
If any portion of this contract is held to invalid by a court of competent
jurisdiction, the remainder of it shall remain valid and binding.
SECTION 31. EXHIBITS
The exhibits identified below are hereby made a part of this contract:
A. Exhibit A, Expenditure Guidance
SIGNED this 12th day of April , 1990.
APPROVED FOR CONTENT:
gh end ie ld G. Vandiver
Community Relations Director First City Attorney
CITY OF LUBBOCK, COMMUNITY
SERVICES DEPARTMENT
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
By: ,✓� By:
l Mayor B.C. " eck" McMinn
April 1990 WAP/EWAP
530C Page 12 of 12
Willie L. Scott
Executive Director
L4
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
EXHIBIT A - EXPENDITURE GUIDANCE SHEET
WEATHERIZATION ASSISTANCE PROGRAM
AND
ENHANCED WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 561048
WITH
CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT
CATEGORIES
WAP
EWAP
DEPARTMENT SHARE
%
DEPARTMENT SHARE
%
TOTAL
$ 98,305
100
$ 59,318
100
ADMINISTRATION*
5,171
5.26
-0-
INSURANCE
1,500
-0-
MATERIALS"
36,654
40
23,727
40
PROGRAM SUPPORT/LABOR
54,980
60
35,591
60
NUMBER OF UNITS**
57
40
* Maximum
** Minimum
The amounts represented on this expenditure guidance sheet are based on the
assumption that Contractor will spend 100% of contracted amounts.
L TDCA -- 4/90 - WAP/EWAP
530C
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
William P. Clements, Jr. Willie L. Scott
Governor Executive Director
January 10, 1990
Ms. Sylvia Martinez
Executive Director
CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT
P.O. Box 2000
Lubbock, Texas 79457
RE: Enhanced Weatherization Assistance Program (EWAP)
Dear Ms. Martinez:
The 71st Session of the Texas Legislature amended the Oil Overcharge
Restitutionary Act (Article 4413(56), Vernon's Texas Civil Statutes) to
establish new program concepts, including the Enhanced Weatherization
Assistance Program (EWAP). The Enhanced Weatherization Assistance Program,
funded at $7.25 million for the state biennium September 1, 1989 through
August 31, 1991, is designed to supplement the state's low-income
Weatherization Assistance Program established in accordance with Part A of the
Energy Conservation in Existing Buildings Act of 1976 (42 U.S.C. Section 6861
et seq.).
The Enhanced Weatherization Assistance Program will provide funds to
local agencies to provide weatherization-related activities to eligible
clients. Funds may be used to absorb weatherization and other related costs
which exceed the limitations of the federal grant program. Up to $1,500 may
be expended per dwelling unit as follows:
-- To provide additional funds for the low-income Weatherization
Assistance Program;
-- To complete energy-related structural repair work such as repair of
roofs, walls, and floors, and other parts of housing unit when the
repairs are necessary to complete Weatherization assistance program
improvements; or,
-- To provide additional weatherization assistance programmeasures on
individual housing units and tune-up, repair or replacements of home
heating and cooling systems.
TDCA proposes that only dwelling units that are to be addressed with the
regular WAP measures be eligible for EWAP assistance.
+2824/+2839
- An Equal Opportunity Employer -
8317 Cross Park Drive (512)834-6000 Post Office Box 13166
Austin, TX 78754-5124 Austin, TX 78711-3166
Letter to WAP Contractors
January 10, 1990
Page 2
The Texas Department of Community Affairs anticipates access to Stripper
Well oil overcharge funds in time to award April 1, 1990 EWAP funding to
interested subgrantees administering the regular low—income Weatherization
Assistance Program (WAP). Distribution of the initial $3,625,000 of EWAP oil
overcharge funds statewide would provide your organization's WAP service area
the figure listed below.
CITY OF LUBBOCK COMMUNITY SERVICES DEPARTMENT $ 39,545
(Organization) EWAP Funds
An additional $3,625,000 in EWAP oil overcharge funds will be available
September 1, 1990 at which time TDCA may increase your funding with
approximately- one—half of the above—referenced service area figure. The
Stripper Well EWAP funds are to be administered similar to the EXXON—supported
component of the regular WAP, on a reimbursement basis.
Since the use of EWAP funds serves as oil overcharge restitution among
low—income Texas citizens, you are urged to carefully assess your area's
projected WAP housing stock needs for services/measures available under the
EWAP concept. Your completion and submission of the enclosed Subgrantee's
EWAP Funds Use Plan document shall determine whether TDCA should execute EWAP
contractual action with your organization effective April 1, 1990.
Thank you in advance for your continued support of the state's
weatherization assistance concepts. Should you have any related questions,
please do not hesitate to contact Lucio Varela at (512)834-6006.
Sincerely,
Willie L. Scott
Executive Director
WLS/JAA/bjm
Enclosure
cc: Larry Crumpton
Lucio Varela
Barbara Wainger
Omar Morales
+2824/+2839