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HomeMy WebLinkAboutResolution - 2436 - Contract - TDCA - 1986-87 Weatherization Grant - 09/25/1986MH: js RESOLUTION Resolution #2436 September 25, 1986 Agenda Item #30 WHEREAS, the City of Lubbock has been offered a contract from the Texas Department of 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 wel- fare of the citizens of the County of Lubbock to make it pos- sible 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 doc- uments with the Texas Department of Community Affairs in the amount of $10,909 for the period of September 1, 1986 through August 31, 1987. 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 1986. T: Boyd, City S APP OVED A _TO ONT NT: ug h/ 'K�He'n Mie, Director of Comm nity Relations APPROVED AS TO FORM: Mich e Hart, Assistant City Attorney 25th day of September . C. MCMIN , MAYOR TEXAS DEPARTMENT OF COMMUNITY AFFAIRS MARK WHITE BOB D. WILLIAMS Governor Executive Director MEMO RAN 0 U M TO: Weatherization Contractors FROM: Barbara Cigainero, Director Economic Opportunity Division DATE,: January 12, 1987 SUBJECT: Weatherization Contract Amendment Enclosed for your files is an executed copy of the amendment to the weatheri- zation program contract between the Texas Department of Community Affairs and your organization. If you have any questions regarding this amendment, please contact your program officer. BC/gc enclosure U 1836-1986 AN EQUAL OPPORTUNITY EMPLOYER 8317 CROSS PARK DRIVE PHONE: (512)834-6000 or 1-800-252-9642 BOX 13166, CAPITOL STA. AUSTIN, TX 78754-5124 AUSTIN, TX 78711-3166 AMENDMENT NO. 2 R E C,,E_ V E D, to JAPE �8 AIN 110: 4 0 CONTRACT NO. 817248 FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS PROGRAM UI VIS 10N-- #`uL1a TEXAS DEPARTMENT OF COMMUNITY AFFAIRS and CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT STATE OF TEXAS COUNTY OF TRAVIS SECTION I. CONTRACT The Texas Department of Community Affairs, an agency of the State of Texas, herein- after referred to as "Department" and City of Lubbock, Community Services Department hereinafter referred to as "Contractor", do hereby agree and contract to amend Contract No. 817248 as initially executed by the Executive Director of Department on September 1, 1986 for.the operation of a program to provide services and activities under the Weatherization Assistance for Low -Income Persons Program. SECTION II. The parties hereto agree to amend Section 3(B), page 1 of 13, of the contract identified in Section 1 to read as follows: B. Contractor shall undertake a program of weatherization assistance for low-income persons, particularly elderly and handicapped low-income persons, in accordance with the provisions of Title IV of the Energy Conservation and Production Act, as amended (42 USC 6861 et seq.), with the Human Services Reauthorization Act of 1984, P.L. 98-558, with U.S. Department of Energy (DOE) regulations promulgated pursuant thereto and codified at 10 CFR 440, with DOE Financial Assistance Rules codified at 10 CFR Part 600, with OMB A-102 or OMB A-110 (whichever is applicable to Contractor's organization), with the terms of this contract, and with the policies and procedures issued by DOE or Department. SECTION III., The parties hereto agree to amend Section 4(B)(3) and (4), page 3 of 13, of the contract identified in Section 1 to read as follows: (3) Progress/Expenditure Report. No later than the tenth (10th) day following the end of each month of the period of performance of this contract, Contractor shall submit to Department a report detailing allowable expenditures incurred during the previous month. Such report shall be prepared utilizing the WAPER form, pages 1 and 2, together with such supporting documentation as Department may prescribe. page 1 of 5 9-jo Z a6ed •aapunaaag paaanout s4soo s,aol3pa4UO3 40aw 04 aLgpLtpne 6uLaq sp `aolopaq.uo5 04 UOLjP3Ljl4OU ua44taM ;uanbasgns Rq ao (Z)(Q) uOL;oasgns SL44 Rq aagq.ta °p96paLMoul3p spg ;uaw4apdaQ gotgM s'unowp agq jo ssaoxa UL q.opaq.uoo SL44 aapun SUOL4paado weaboad jo aoupwaojaed agq UL sq soy anou t q ou L Legs J043eaq.UO3 • Uo tq.po L j t4OU, guns jo a;pp antq.oaj;a agq. 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The parties hereto agree to amend Section 4(E), page 5 of 13, of the contract identified in Section 1 to read as follows: E. Maximum Obligation Subject to Section'4(D)(2), but notwithstanding any other provision of this contract, the aggregate of all Department liabilities under this contract shall not exceed: Fiftv-six Thousand Four Hundred Eighty and No/100 Dollars ($56,480.00) SECTION VI. The parties hereto agree to amend Section 8(A), page5 of 13, of the contract identified in Section 1 to read as follows: A. The allowability of expenditures made and costs incurred for performances hereunder shall be determined in accordance with DOE regulations published at 50 Fed. Reg. 712 (January 4, 1985) and codified at 10 CFR 440.18, subject to the limitations set forth in this Section 8. SECTION VII. The parties hereto agree to amend Section 8(B)(2), page 6 of 13, of the contract identified in Section l to read as follows:. (2) The expenditure of funds provided under this contract for weatherization_materials, labor and related items included in paragraph B of this Section 8 shall not exceed Sixteen Hundred Dollars ($1,600) per dwelling unit weatherized, except when a waiver is requested. Contractor may request a waiver of this limit on a unit -by -unit basis. The waiver must include photo- graphic documentation of the condition,of the dwelling, an itemized list with cost of materials to be applied to the unit, program support cost, and a labor cost. Approval of these waiver requests are conditional upon the Contractor maintaining an average of $1,600 or less per unit over the contract period and must be prior to weatherization of unit. SECTION VIII. ' The parties hereto agree to amend Section 10(B)`5`pa4e 8 of'l3',rof' `'the contract identified in Section 1 to read as follows: B. 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ZoaCgns aq LLpgs ao40pa4uo0 `quaw4apd0a Rq pa4OaaLP aSLMaag4O ssaLuq •43pa4UO0 SL44 aapun P9nLa3aa spun. jo 4Lpnp aoupCldwo3 PUP Lp LOupu LI p JO a3upwaoj aad G 44 AOJ a6upaap L Legs AO40pj4Uo3 • y :SMOLLOJ SP ppaa 04 L UOL4OaS UL PaLJL4UaPL 43p.A4UO0 aq4 JO 'CL J-0 OL PUP 6 sa6ed `t? L uo L400S puawp off: aaa6p o4aaaq Sa L'apd aql 'XI NOI103S L n aapdaad a o .Z Pup L Sa6pd `wao�. 23dbM aq4 6uLZL l . � P q �. `�.aodaa aanqlpuadxa Lpu L� p _40 sa Ldo3 aaa q4 pup Lpu Lb Lao UP 4Opa�.UOO s L q4 10 Uo LIPU Lwaa-. .or: C. Contractor understands and agrees f at it shall take immediate appropriate corrective action after issuance of the audit report in instances of material noncompliance with laws, regulations or this contract, but shall, in any event, be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. D. Contractor shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section 14 as Department may require of Contractor. SECTION X. The parties hereto agree that this amendment shall become effective on the first day of December, 1986. The parties hereto contract and agree that and all amendments thereto executed prior shall remain in effect and shall continue conflict with this amendment. Nothing in authorizing a violation of federal, state pertain to such contract identified above all the terms of the above named contract to the effective date of this amendment to govern except to the extent that they this amendment shall be construed as or local laws or regulations as they in Section 1. By the signing of this amendment, the parties expressly understand and agree that this amendment is hereby made a part of the contract identified in Section 1 as though it were set forth word for word therein. WITNESS OUR HANDS effective this 1st day of December, 1986. C . C. McMinn., Mayor City of Lubbock, Community Services Department Approved and accepted on behalf of the Texas Department of Community Affairs. t o D. illiams, Executive Director Texas Department of Community Affairs This amendment is not effective until signed by the Texas Department of Community Affairs Executive Director or his authorized designee. Approveid for content: V ughn ndrie, Director of Community City of Lubbock Relations page Approved for form: Laura Monroe Assistant City Attorney 5 of'5 City of Lubbock 0,8, CITY OF LUBBOCK loop *� Community Services " - P.O. Box 2000 " Lubbock, Tx. 79457 (806) 762-6411 September 30, 1986 Texas Department of Community Affairs E.O.D. ATTN: Larry Williams P.O. Sox 13166 - Capitol Station Austin, TX 78711 Dear Mr. Williams: Enclosed you will find the Weatherization Contracts for 1986-1987. If you have any questions, please do not hesitate to contact me. Sin rely, Sylvia A. Martinez Community Services Director Enclosure TEXAS DEPARTMENT O.F COMMUNITY AFFAIRS CONTRACT NO. S817048 FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS PROGRAM STATE OF TEXAS COUNTY OF TRAVIS ,r SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into -by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and City of Lubbock, Community Services Department hereinafter referred to as "Contractor." The parties hereto have severa 1 Ty—and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performances and accomplishment of the tasks hereinafter described. SECTION 2. CONTRACT PERIOD' The period for performance of this contract shall commence September 1 1986 and shall terminate August 31, 1987. ' ' SECTION 3. CONTRACT PERFORMANCE A. Contractor shall, in a satisfactory ma?iner as determined by Department develop and 'implement a weatherization assistance program to assist in achieving a healthful dwelling environment and maximum practicable energy conservation in the dwellings of low-income persons, particularly elderly and handicapped low-income persons, in.order both to aid those persons least able to afford higher energy costs and to conserve needed energy. B. Contractor shall undertake a program of weatherization assistance for low-income persons, particularly elderly and handicapped low-income persons, in accordance with the provisions of Title IV of the Energy Conservation and Production Act, as amended (42 USC 6861 et seq.), with the Human Services Reauthorization Act of 1984, P.L. 98-558—,with the U.S. Department of Energy (DOE) regulations promulgated pursuant thereto and codified at 10 CFR 440, with the terms of this contract, and with the policies and procedures issued by DOE. or Department. C. Contractor shall, on an equitable basis throughout the geographical area specified below, conduct weatherization activities pursuant to this contract in each of the following counties in Texas: Lubbock Page 1 of .13 SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance hereunder, Department shall be liable to Contractor in an amount equal to the actual costs incurred by Contractor in rendering such performance, subject to the following limitations: (1) Department shall not be liable for expenditures made in violation of the provision of Title IV of the Energy Conservation and Production Act, as amended, of the Human Services Reauthorization Act of 1984, of DOE regulations set forth at 10 CFR 440, or of any other regulation or issuance promulgated by DOE or Department. (2)Except as otherwise modified or superseded by this contract or specifically authorized by Department in writing, Department shall be liable only for expenditures.made in compliance with the cost principles and administrative requirements set forth in Circular Nos. A-87 and A-102, as supplemented by the final rules promulgated by the Office of the Governor at 7 Tex, Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, Article 4413 (32g), V.T.C.S., provided that all references to "local government" shall be construed to mean Contractor. In the event that OMB Circular A-102 and A-87, as supplemented by the final rules promulgated by the Office of the Governor, conflict with DOE regulations governing the cost principles and administrative requirements of the.weatherization assistance program, DOE regulations shall control,-' (3) It is expressly understood and agreed by the parties hereto that Department's obligations under this Section 4 are contingent upon the actual receipt' ofadequate state and/or federal funds to meet Department's liabilities under this contract. If adequate funds are not available to ;make payments under this contract, Department shall notify Contractor in writing within a reasonable time after such fact is determined. Department shall terminate this contract and will not be liable for failure to make payments to Contractor under this contract. (4) Department shall not be liable to Contractor for any costs incurred by Contractor or any performances rendered by Contractor 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 would be scheduled to be completed; or to install or otherwise provide weatherization materials for a dwelling unit weatherized previously with weatherization program funds, except for the limited situations as provided for in 10 CFR 440.18(e)(2) (see 59 Fed. Reg. 713, Jan. 4, 1985). (5) Department shall not be liable to Contractor for administrative costs incurred by Contractor which are in excess of the maximum limitation, as set forth in Section 8(C) of this contract. Page 2 of 13 V'ST Yo- V.�.:• ,,. ,. (6) Department shall not be liable to Contractor for any costs incurred by Contractor which are not allowable expenditures, as set forth in Section 8 of this contract. (7) Department shall not be liable to Contractor for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract except for the cost of the audit made pursuant to Section 14 of this contract. (8) Department shall not be liable for any costs incurred by Contractor in the performance of this contract which have not been reported to Department on form TDCA WAPER I within sixty (60) days following termination of this contract. (9) Nothwithstanding any other provision of this contract, it is expressly understood and agreed by the parties hereto that Department may, at its sole option and in its sole discretion, offset any amounts withheld ar otherwise owing to Contractor under this contract against any amount owing but unpaid by Contractor to Department arising from this or any other contract between Department and Contractor. B. Method of Payment (1) Advances. For each month of the period of performance of this contract, Contractor may request an advance payment by submitting to Department, no later than the twentieth (20th) day of the month prior to the month for which advance payment is sought, a properly completed Request for Advance Form 270 and a State of Texas Purchase Voucher for an amount not to exceed `Contractor's actual cash needs for the month for which .such advance is sought, provided however that Department shall not make disbursement of any such advance payment until it has reviewed and approved such Request for Advance. (2) Notwithstanding Section 4(8)(1) of this contract, Department reserves the right to utilize a cost reimbursement method of payment under this contract if Department determines that Contractor has maintained cash balances in excess of need or if Department identifies any deficiency in the cash controls or financial management system maintained by Contractor. (3) Expenditure Report. No later than the tenth (10th) day following the end of each month of the period of performance of this contract, Contractor shall submit to Department a report detailing allowable expenditures incurred during the previous month. Such report shall be prepared utilizing forms TDCA WAPER I'and WAPER TItogether with such supporting documentation as Department may prescribe. (4) No later than sixty (60) days following the date of termination of this contract, Contractor shall submit a final TDCA WAPER I according to instructions to be specified by EOD Issuance. (5) If Contractor fails to submit to Department in a timely and Page 3 of 13 satisfactory manner any 'report required by this contract, or otherwise fails to satisfactorily render performances hereunder, Department may withhold payments otherwise due and owing Contractor hereunder. If Department withholds such payments, it shall notify.Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. C. Minimal Cash Balance Contractor's requests for advances shall be limited to the minimum amounts needed for effective operation of programs under this contract, and shall be timed as closely as possible to be in accord with actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between the tranfer of funds from Department to Contractor and the disbursal of such funds by Contractor. D. Limitation of Liability (1) Contractor understands and agrees that it shall refund to Department within fifteen (15) days after the refund is requested by Department any sum.of money which has been paid to Contractor by Department which Department determines (1) has resulted in an overpayment to Contractor or (2) has not been spent strictly in accordance with the terms of this contract. (2) Department by the execution of this contract acknowledges that,Department has received an obligation fFom federal grantor agencies which., if paid, will be sufficient to pay costs properly incurred by Contractor for performances rendered under this contract in the amounts specified below in this subsection (D)(2): New Obligational Authority: Ten Thousand Nine Hundred Nine and No/100 Dollars ($10,909.00). Department shall not be liable to Contractor for costs incurred under this contract which exceed the amounts specified above in this subsection (D)(2) except as follows: Department, from time to time, may provide written notification to Contractor in the form of either a unilateral letter of notification or a bilaterally executed contract amendment which _shall serve either to obligate additional funds under this contract or to deobligate funds previously obligated under this contract. Any determination to obligate or deobligate funds shall be made by Department in its sole discretion based upon factors including, but not limited to, the status of funding under grants to Department from federal grantor agencies, the existence of questioned or disallowed costs incurred by Contractor, or the rate of utilization of funds by Contractor hereunder. Such notification(s), if any, will specify Department's maximum obligation to Contractor as of the effective date of such notification. Contractor shall not incur costs in the performance of program operations under this contract in excess of the amounts which Department has acknowledged, either Page 4 of 13 by this subsection (D)(2) or by subsequent written notification to Contractor, as being available to meet Contractor's costs incurred hereunder. E. Maximum Obligation Notwithstanding any other provisions of this contract, the aggregate of all Department liabilities under this contract shall not exceed: Ten Thousand Nine Hundred Nine and No/100 Dollars -($10,909.00) SECTION 5. LEGAL AUTHORITY A. Contractor assures and guarantees that it possesses the legal authority pursuant to an official motion, resolution or action passed or taken, giving Contractor legal authority to enter into this contract, receive the funds authorized by this contract, and 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 has been fully authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind the Contractor to all the terms, performances and provisions herein set forth. SECTION 6. COST PRINCIPLES Except as specifically modified or superseded by federal law or regulations, the terms of.this contract, or the terms of EOD Issuances subsequently promulgated hereunder, in rendering performances under this contract, Contractor shall comply with the cost principles set forth in Circular No. A-87, as supplemented by the final rules promulgated by the Office of the Governor at -7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, TEX. REV. CIV. STAT. ANN. art. 4413(329), provided that all references to "local government" shall be construed to mean Contractor. SECTION 7. UNIFORM ADMINISTRATIVE REQUIREMENTS Except as specifically modified or superseded by federal law or regulations, the terms of this contract, or the terms of EOD Issuances promulgated hereunder, in rendering performances under this contract, Contractor shall comply with the uniform administrative requirements set forth in Circular No. A-102, as supplemented by the final rules promulgated by the Office of Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, TEX. REV. CIV. STAT. ANN, art. 4413(329), provided that all references to "local government" shall be construed to mean Contractor. SECTION 8. ALLOWABLE EXPENDITURES A. The allowability of expenditures made and costs incurred for performances hereunder shall be determined in accordance with DOE regulations published at 50 Fed. Reg. 712 (January 14, 1985) and codified at 10 CFR 440.18, subject to the limitations set forth in this Section 8. Page 5 of 13 B. Allowable expenditures under this contract include: (i) the cost of purchase - and delivery of weatherization materials as defined in 10 CFR 440.3 but not to include storm doors; (ii) Tabor costs, in accordance with 10 CFR'440.19: (iii) transportation of weatherization materials, tools, equipment, and work crews to a storage site and to the site of weatherization work: (iv) maintenance, operation, and insurance of vehicles used to transport weatherization materials: (v) maintenance of tools and equipment; (vi) purchase or annual lease of tools, equipment, and vehicles, except that any purchase of vehicles shall be referred to DOE for prior written approval in every instance: (vii) employment of on-site supervisory personnel: (viii) storage of weatherization materials, tools, and equipment: (ix) the cost of incidental repairs 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 weatherization materials, labor and related items included in paragraph B of this Section 8 shall be spent for weatherization materials. If incidental repairs are necessary to make the installation or preservation of 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 weatherization materials, labor and related items included in paragraph B of this Section 8 shall not exceed $1,600 per dwelling unit weatherized; and (3) Contractor shall weatherize eligible dwelling units, in accordance with 10 CFR 440.22, using only weatherization materials which meet or exceed standards prescribed by DOE regulations. C. Administrative costs incurred by Contractor in carrying out performances under this contract shall be allowable up to a maximum of 5.26% of the total expenditures within the contract period established in Section 2. Allowable administrative costs shall include costs associated with Contractor's administrative personnel, (excluding on-site supervisory personnel and off-site personnel such a weatherization coordinator and inventory clerk), travel costs, audit fees, office space, and equipment and supplies which are necessary and reasonable for the administration of the weatherization'assistance program. For purposes of this Section 8(C), allowable administrative costs shall specifically include the 'salaries, wages, and fringe benefits of Contractor's administrative staff personnel. D. The cost of liability insurance for the weatherization program for personal injury and for property damage, not to exceed Eight Hundred Dollars ($800) per Contractor, and the cost of carrying out low-cost/no-cost weatherization activities in accordance with 10 CFR 440.20 shall be allowable expenditures. Contractor may request a written waiver of the $800 limit on liability insurance. The waiver request must provide price quotes from at least two (2) insurance carriers. Page 6 of 13 E. To the maximum extent practicable, Contractor shall utilize funds provided hereunder for the purchase of weatherization materials. Contractor may, at its discretion, 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. F. To the maximum extent practicable, Contractor shall secure the services of volunteers and of training participants, and public service employment workers, assisted pursuant to Job Training Partnership Act, to weatherize dwelling units under the supervision of qualified supervisors. SECTION 9. RECOROKEEPING REQUIREMENTS A. Contractor shall comply with the recordkeeping'requirements set forth in the DOE regulations codified at 10 CFR Section 440.24, and with such additionai recordkeeping requirements as may be specified by Department. B. Contractor shall maintain a file for each home weatherized with funds received under this contract, which contains 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 the DOE regulations codified at 10 C,FR Section 440.20; (3) Building Weatherization Report (Department form) to include certification of final inspection; (4) invoices of materials purchased or inventory removal sheets; (5) Homeowner/Authorized Agent Certification (Department form) if renta,l unit; (6) Self -Help Certification (Department form), if applicable; (7) Notice of Denial (Department form), if applicable; (8) Building Assessment form; and (9) Attic Inspection form. C. Contractor shall give federal funding agencies, Department, or their designees access to and the right to reproduce all records pertaining to this contract. D. Contractor shall include the substance of this Section 9 in all subcontracts. SECTION 10. REPORTING REQUIREMENTS A. Contractor snail utilize Form 270 and a State of Texas Purchase Voucher (Department forms) in requesting advances under this contract. Page 7 of 13 Requests for advances shall not be processed unless Contractor has made timely submission of expenditure reports as specified in Section 10(B). B. No later than the tenth (10th) day of the month following each month of the period of performance of this contract, Contractor shall furnish to Department an expenditure report for the previous month by submitting an original and three copies of forms TDCA WAPER I and WAPER II. In addition, Contractor shall submit to Department within sixty (60) days following the date of termination of this contract an original and three copies of a final expenditure report, to be prepared utilizing form TDCA WAFER I. C. Contractor shall submit to Department'no later than thirty (30) days after the date of termination of this contract an inventory of all materials and weatherization tools and equipment with a unit acquisition cost of $300 or more and having a useful life of more than one year, purchased in whole or in part with funds received under the weatherization assistance program, which were on hand as of the date of termination of this contract. D. Contractor shall submit such other reports, data, and information on 'the operation and performance of this contract as may be required by DOE regulation pursuant to 10 CFR 440.25 or as may be required by Department. SECTION 11. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this contract which are required by changes in federal law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date desi-gnated by such law or regulation. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with federal law and regulations, and the assurances and certifications made by Department to federal funding agencies with regard to the operation of the weatherization assistance program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performance under this contract may be amended in the following manner: Department, from time to time during the period of performance of this contract, shall issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the Director of Department or his designee in the form of EOD Issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor as if written herein, provided however that such policy directives shall not alter the terms of this contract so as to relieve Department of any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of such policy directives. C. Except as specifically authorized by Department in writing or otherwise authorized by the terms of this contract, any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. Page 8 of 13 SECTION 12. INDEPENDENT CONTRACTOR' It is expressly understood and agreed by both parties hereto that Department is contracting with Co'ntractor asanindependent contractor, and that Contractor agrees to indemnify Department against all disallowed costs or other claims asserted in connection with.the services to'be performed by Contractor under this contract. SECTION 13. SUBCONTRACTS A. Contractor may subcontract for performances described in this contract only after Contractor has submitted a Notice of Intent to Subcontract, on a form prescribed by Department, for each such proposed subcontract. 8. In selecting subcontractors hereunder, Contractor shall utilize procurement procedures set forth in Attachment 0. of the Uniform Administrative Requirements referenced in Section 7 of this contract. Contractor,'in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s). C. Contractor shall ensure that the performances rendered under all subcontracts are rendered so as to Comply with all the terms and provisions of this contract as if tne performances rendered were rendered by Contractor. SECTION 14. AUDIT A. Unless Otherwise directed by Department, Contractor shall arrange for the performance of a financial and compliance audit of funds received under this contract, subject to the following conditions and limitations: (1) Contractor shall have an audit made in accordance with the Single Audit Act of 1984, P.L. 98-502 (herinafter referred to as "Audit Act"), and .OMB's Circular No. A-128, "Audit Requirements for State and Local Governments," 49 Fed,. Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which Contractor receives more than $100,000 in federal ffhancial assistance. For purposes of this Section 14, "federal financial assistance', means assistance provided by a federal agency in the form of grants, contracts, cooperative agreements, loans, loan guarantees, property, interestsubsidies, insurance, or direct appropriations, but does not include direct federal cash 'assistance to individuals. It includes awards received directly from federal agencies, or indirectly through other units of state and local governments. (2) Contractor shall have an audit made in accordance with the Audit Act and OMB's Circular A-128, or in acccordance with the audit requirements specified in Attachment P of OMB Circular A-102, as reflected in 24 CFR Part 44 and as supplemented by Section 5.167 of the Management Standards, for any fiscal year in which Contractor receives between $25,000 and $100,000 in federal financial 'assistance. Page 9 of 13 (3) Contractor shall have an audit made in accordance with Attachment P of OMB Circular A-102, as supplemented by Section 5.167 of the Management Standards, for any fiscal year in which Contractor receives less than $25,000 in federal financial assistance. (4) Nothing in this Section 14 exempts Contractor from maintaining records of assistance provided under this contract or from providing access to such records to a federal agency or Department, as provided for in this contract. (5) Where contracts are awarded for audit services, the contracts shall include a reference to the Audit Act and OMB Circular A-128. B. Unless otherwise specifically authorized by Department in writing, Contractor shall submit three 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 14 are subject to review and resolution by Department or its authorized representative. Resolution of findings shall be made within six (6) months after receipt of the audit report by Department. C. Contractor understands and agrees that it shall take immediate appropriate corrective action after issuance of the audit report in instances of material noncompliance with laws, regulations or this contract, but shall, in any event, be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this `contract. D. Contractorshall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 14 as Department may require of Contractor. SECTION 15. PROPERTY PROCUREMENT STANDARDS & PROPERTY MANAGEMENT A. Contractor shall develop and implement procurement procedures which conform with OMB Circular A-102, Attachement 0 as supplemented by Sec. 5.166 of the Mangement Standards. Contractor shall not procure supplies, equipment, or services except in accordance with its own procurement procedures and Attachment 0 of OMB Circular A-102, as supplemented by Sec. 5.166 of the Management Standards and in accordance with policy directives as specified by EOD Issuance. B. Contractor shall develop and implement a property management system which conforms with OMB Circular A-102, Attachment N, as supplemented by Sec. 5.165 of the Management Standards. Contractor shall not use, transfer, or dispose of any personal property acquired in whole or in part with funds provided hereunder or whose cost was charged to this contract except in accordance with its own property management system and OMB Circular A-102, Attachment N, and in Page 10 of 13 accordance with policy directives as specified by EOD Issuance provided that all references in Attachment N to "federal agency" shall be contrued to mean Department, and all references to "grantee" shall be construed to mean Contractor. C. Contractor shall establish standards to ensure adequate safeguards to prevent loss, damage, or theft of property` acquired hereunder and shall report to Department any loss, damage, or theft of nonexpendable personal property with an acquisition cost of $300 or more per unit. D. In addition to the inventory required under Section 10(C) of this contract, Contractor shall take a physical inventory of property and shall reconcile the results with the property records at least once every year. Any differences between quantities determined by the physical inspection and those shown in the property records shall be investigated to determine the causes of the difference. SECTION 16. INSURANCE REQUIREMENTS Contractor shall carry adequate liability insurance coverage for personal injury and for property damage for purposes of protection against the hazards arising out of or in connection with carrying out weatherization project activities under this contract. SECTION 17. LITIGATION AND CLAIMS Contractor shall give Department immediate_notice in writing of (1) any action, including any proceeding before an administrative agency, filed against Contractor arising out of the performance of any subcontract hereunder; and (2) any claim against Contractor, the cost and expense of which Contractor may be entitled to have reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. SECTION 18. TECHNICAL ASSISTANCE AND MONITORING Department reserves the right for Department or its designee to conduct monitoring and evaluation of the performances rendered under this contract. Departmentwill notify Contractor in writing of any deficiencies noted during such review, and may withhold payments as appropriate based upon such deficiencies. Department may provide technical assistance to Contractor in correcting the deficiencies noted. Department shall conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, the Department may terminate this contract or invoke other sanctions as Department determines to be appropriate. In rendering performances hereunder, Contractor Shall comply with the requirements of applicable federal 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. SECTION 20. PREVENTION OF FRAUD AND ABUSE Contractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for the proper, effective management of all activities funded under this contract. Page 11 of 13 SECTION 21. CONFLICT OF INTEREST A. Contractor covenants 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 in any manner or degree with the performance of this contract. Contractor further convenants that in the performance of this contract no person having such interest shall be employed or appointed by Contractor. B. No person (i) who is an employee, agent, consultant, officer, or official of Contractor and who exercises or has exercised any functions or responsibilities with respect to assisted weatherization activitities or (ii) who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure. C. Contractor's employees, officers, and/or agents shall neither solicit nor ..accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. SECTION 22. SECTARIAN INVOLVEMENT PROHIBITED Contractor shall ensure that no funds under this contract are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. SECTION 23. POLITICAL ACTIVITY AND LOBBYING No funds provided under this contract may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbing with state or local legislators._ SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY No person in the United States shall on the ground of race, color, religion, sex, national origin, age, handicap, political affiliation or belief be excluded from participation in, be 'denied the benefits of, be subjected to discrimination under, - or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. SECTION 25. EARLY TERMINATION Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered under this contract by notifying the other party hereto in writing thirty (30) days prior to such termination. Page 12 of 13 . 11 1, q',, SECTION 26. ORAL AND WRITTEN AGREEMENTS All oral or written agreements between the parties hereto relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained herein. WITNESS OUR HANDS effective this 1st day of September, 1986. C , ATTEST: B. C._ cMinn, Mayor City of Lubbock, Community Services Department Rane -te Boyd, City Secretary Approved and accepted on behalf of the Texas Department of Community Affairs, an agency of the State of Texas. Bob D. Williams, Executive Director Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of Department or his authorized designee. APPROVED AS TO CONTENT: a ghn ndrie Director of Commun` y Relations APPROVED AS TO FORMS n / i Mich0 e Tart, Assistaht City Attorney 9 Sylvia A. 1Martinez, Director of Community Services Page 13 of 13