HomeMy WebLinkAboutResolution - 3095 - Contract - TDOCA - 1989-90 Weatherization Grant - 05/11/1989Resolution #3095
May 11, 1989
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 $69,877 for the period of April 1, 1989
through March 31, 1990. A copy of said contract is attached
hereto to be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 11th day of
----ATTEST:
APPROVED AS TO CONTENT:
ghn endr' , D rector of Community
Relat'ons
APPROVED AS TO FORM
Doh`ald G. Vandiver, Assistant itC y
Attorney
M ay
MCMINN, MAYOR
1989
TEXAS DEPARTMENT OF.COMMUNITY AFFAIRS
CONTRACT NO. 560048 FOR THE
WEATHERIZATION ASSISTANCE PROGRAM
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
(hereinafter the "Contractor").
SECTION 2. CONTRACT PERIOD
The period for performance of this contract, unless earlier terminated, is
April 1. 1989 through March 31. 1990 (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 to assist in achieving a
prescribed level of insulation in the dwellings of low-income persons,
particularly the elderly and handicapped. The goal of the assistance
program shall be to aid those persons least able to afford high energy costs
and to conserve energy. Contractor shall implement the weatherization
assistance 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
g± M.), with the U.S. Department of Energy ("DOE") regulations codified at
10 C.F.R. Part 440 and Part 600, with any Office of Management and Budget
("OMB") Circulars applicable to Contractor, with the Texas Weatherization
Assistance Program State Plan, and with 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) (a)-FFY'89 DOE/LIHEAP Funds:
red F
(b) Additional DOE/LIHEAP: Zero ($0.00) Dollars.
(2) (a) SFY"90 Petroleum Violation Escrow (herein "P. V.E. `) Funds:_ZerrQ
($0.00) Dollars.
(b) Additional P.V.E. Funds: Zero ($0.00) Dollars.
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:
Total Anticipated Funds:. Sixty-nine Thousand Eight Hundred Seventy-seven
and No/100 Dollars ($69.877.00)
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C. Department's obligations under this contract are contingent upon the
actual receipt by Department of state and federal weatherization
assistance 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 Subsection 9(C) of this contract;
(5) is not incurred during the Contract Period;
(6) is not reported to Department on a Weatherization Assistance
Program Expenditure Report/Monthly Funding Report (herein
"WAPER/MFR"), pages 1 and 2,, within ninety (90) 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 5. METHOD OF PAYMENT / CASH BALANCES
A. Each month, Contractor may request an advance payment of funds under
Subsection 4(A)(1) and/or a reimbursement payment of P.V.E. funds under
Subsection 4(A)(2) by submitting to Department separate WAPER/MFRs and
State of Texas Purchase Vouchers. For each dcuellirig unit weatherized
with funds awarded under Subsection 4(A)(2) Contractor shall also submit a
P.V.E. Compensation Report (Department form).
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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.
E. Contractor shall not incur costs in the performance of this contract in
excess of the amount which Department has acknowledged, either in
Subsection 4(A) or by subsequent written notice, is available to
Contractor.
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 M. (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 B. TERMINATION AND SUSPENSION
A. Department may terminate this contract, in whole or in part, at any time
Department determines that there is cause for termination. Cause for
termination includes but is not limited to Contractor's failure to
comply with any term of this contract. Department shall notify
Contractor in writing at least thirty (30) days before the date of
termination.
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S. Nothing in this Section stall 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 additional limitations set forth in this Section.
B. Allowable expenditures under this contract 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 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, except that no equipment or vehicles shall be purchased with the
P.V.E. funds awarded in Subsection 4(A)(2), (7) employment of on-site
supervisory personnel; (8) storage of weatherization materials, tools,
and equipment; and (9) the cost of incidental repairs to a dwelling unit
if such repairs are necessary to make the installation of weatherization
materials effective.
PROVIDED THAT:
(1) An average of at least forty percent (40%) of the funds provided
under this contract for the items included in Subsection 9(B) 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 shall not exceed the cost
of weatherization materials.
(2) The expenditure of funds provided under this contract for the items
included in Subsection 9(B) shall not exceed Sixteen Hundred
Dollars ($1,600.00) per dwelling unit weatherized. Contractor may
request a waiver of this limit on a unit -by -unit basis following
the guidelines set forth in WAP Policy Issuance 88-11.1. Approval
of waiver requests are conditional upon the Contractor maintaining
an average of $1,600.00 or less per dwelling unit during the
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Contract Period. The waiver must be approved by Department prior
to the weatherization of a dwelling unit. No waivers will be
approved for dwelling units weatherized with the P.V.E. funds awarded
in Subsection 4(A)(2).
(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.
C. 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 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 may be
paid out of the P.V.E. funds awarded in Subsection 4(A)(2).
D. The cost of liability insurance for the weatherization assistance
program for personal injury and for property damage, not to exceed Eight
Hundred Dollars ($800.00) shall be an allowable expenditure. Contractor
may request a written waiver of the $800.00 limit on liability
insurance. The waiver request must provide price quotes from at least
three ( 3) insurance carriers. No insurance costs may be paid out of the
P.V.E. funds awarded in Subsection 4(A)(2).
E. 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 expenditure.
F. 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.
G. 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.
B. 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,
Page 5 of 12
Rev. 2-89/WAP
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.
C. For each dwelling unit weatherized with P.Y.E. funds awarded cinder
Subsection 4(A)(2) Contractor shall, in addition to the records required b�
Subsection 10(B), maintain labor force records showing the name, shill
specialty, and total amount of wages paid for each laborer or supervisor.
D. Contractor shall give the federal and state funding agencies, the
Comptroller General of the United States, and Department, access to and
the right to reproduce all records pertaining to this contract. All
such records shall be maintained for at least three years after final
payment has been made and all other pending matters are closed.
Contractor shall include the requirements of this Subsection in all
subcontracts.
E. All Weatherization assistance program records maintained by Contractor,
except records made confidential by law, shall be available for
inspection by the public during Contractor's normal business hours to
the extent required by the Texas Open Records Act, TEX. REV. CIV. STAT.
ANN. article 6252-17a.
SECTION 11. REPORTING REQUIREMENTS
A. No later than the tenth (10th) day of each month of the Contract Period,
Contractor shall furnish Department with expenditure reports for the
previous month by submitting a WAPER/MFR form, pages 1 and 2.
B. Contractor shall submit to Department within ninety (90) days following
the date of termination of this contract final expenditure reports
utilizing the WAPER/MFR, pages 1 and 2. The failure of Contractor to
provide a full accounting of all funds expended under this contract
within such 90 days shall be sufficient reason for Department to deny or
terminate any future contracts to Contractor.
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C. Contractor shall submit to Department. no later than thirty (30) days
after the end of the Contract Period an inventory of all vehicles,
tools, and equipment with a unit acquisition cost of $500.00 or more and
a useful life of more than one year, if purchased in whole or in part
with funds received under this or previous weatherization assistance
program contracts. The inventory shall reflect the vehicles, tools, and
equipment on hand as of the last day of the Contract Period.
D. Contractor shall submit such other reports, data, and information on the
performance of this contract as may be required by DOE pursuant to 10
C.F.R. §440.25, or by Department.
E. If Contractor fails to submit, in a timely and satisfactory manner, any
report or response required by this contract, including responses to
monitoring reports, Department may withhold payments otherwise due
Contractor hereunder. Payments may be withheld until such time as the
delinquent report or response is received by Department. If the
delinquent report or response is not received within forty-five (45)
days of its due date, Department may suspend or terminate this
contract. If Contractor receives WAP 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
terms of this contract shall be in
this contract.
SECTION 13. DEPARTMENT ISSUANCES
provided herein, any change in the
writing and signed by both parties to
Department may issue directives which serve to interpret or clarify the
terms of this contract. Such directives shall be issued by Department in
the form of WAP Policy Issuances. Issuances shall not alter the terms of
this contract so as to relieve Department of any obligation to reimburse
an allowable cost incurred by Contractor prior to the effective date of. the
Issuance. All WAP Policy Issuances promulgated by Department, whether
before or after the commencement date of this contract, shall govern the
performance of this contract until specifically rescinded by Department.
SECTION 14. INDEPENDENT CONTRACTOR
It is agreed that Contractor is an independent contractor. 'To the extent
allowed by law, Contractor agrees to hold Department harmless and indemnify
it against any disallowed costs or other claims asserted by any person in
connection with the services to be performed by Contractor under this
contract.
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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.
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.
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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
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 reimburesment 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.
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SECTION 22. PREVENTION, OF FRAUD AND ABUSE
A. Contractor shall establish, maintain, and utilize internal systems and
procedures sufficient to prevent, detect, and correct incidents of
waste, fraud, and abuse in the weatherization assistance program and to
provide for the proper and effective management of all program and
fiscal activities funded by this contract. Contractor's internal
control systems and all transactions and other significant events are to
be clearly documented and the documentation shall be 'readily available
for monitoring by Department.
B. Contractor shall give Department complete access to all of its records,
employees, and agents for the purpose of monitoring or investigating the
weatherization 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.
S. Contractor shall establish safeguards to prohibit its employees from
using their positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties.
C. Contractor shall ensure that no officer, employee, or member of the
governing body of Contractor shall vote for or confirm the employment of
any person related within the second degree by affinity or third degree
by consanguinity to any member of the governing body or to any officer
or employee 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. SECTARIAN INVOLVEMENT PROHIBITED
No funds provided under this contract may be used, either directly or
indirectly, in the support of any religious or anti -religious activity,
worship, or instruction.
SECTION 25. POLITICAL ACTIVITY AND LOBBYING
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
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SECTION 26. 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 27. SPECIAL COMPLIANCE PROVISIONS
A. Contractor shall comply with the requirements of all applicable laws and
regulations. In the event of a conflict between such laws and
regulations and the terms and conditions of this contract, precedence
shall be given to the laws and regulations.
B. Contractor shall comply with the provisions of:
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).
C. In addition, if this contract exceeds One Hundred Thousand Dollars
($100,000.00) Contractor shall comply with:
- Section 306 of the Clean Air Act (42 U.S.C. §1857(h));
— Section 508 of the Clean Water Act (33 U.S.C. §1368);
- Executive Order 11738 - Providing for administration of the Clean Air
Act and the Federal Water Pollution Control Act with respect to federal
contracts, grants, or loans; and
- Environmental Protection Agency regulations (40 C.F.R. Part 15).
SECTION 28. MAINTENANCE OF EFFORT
Funds 'provided to Contractor under this contract may not be substituted for
funds or resources from any other source nor in any way serve to reduce the
funds or resources which would have been available to or provided through
Contractor had this contract never been executed.
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.
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SECTION 30. PRIOR ORAL AND WRITTEN AGREEMENTS
All prior oral or written agreements between the parties hereto relating to
the subject matter of this contract have been reduced to writing and are
contained herein.
SECTION 31. EXHIBITS
The exhibits identified below are hereby made a part of this contract:
A. Exhibit A, Expenditure Guidance
B. Exhibit B, Production Schedule
SIGNED this ZS day of 1989.
CITY OF LUBBOCK TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
c •
By:
. C. McMinn,
Mayor
By: /.
Willie L. Scott,
Executive Director
This contract is not effective unless signed by the Executive Director of
Department or his authorized designee.
APPROVED AS FOR O.
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APPROVEq AS TO CONTENT:
Page 12 of 12
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