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HomeMy WebLinkAboutResolution - 1152 - Contract - TDHR - Weatherization Assistance Program - 07/22/1982�gg2 C 1DGV:mck RESOLUTION RESOLUTION 1152 - 7/22/82 IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with !the Texas Department of Human Resources for Weatherization Assistance for Low !Income Persons, attached herewith which shall 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 --29,,d day o ,1982. BMLM STER, MAYOR ATTEST: a; City S'eeiWdry-Treasurer AS TO FORM: 0 G. Vandiver, First Asst. City Attorney RESOLUTION 1152 - 7/22/82 �.TnF,ASUREf� r .-.. SFf;F Tr'�' CITY TEXAS DEPARTMENT OF HUMAN RESOURCES CONTRACT FOR WEATHERIZATION ASSISTANCE FOR LOW INCOME PERSONS 1982 STATE OF TEXAS COUNTY -OF TRAVIS CONTRACT NUMBER: A001 SECTION I. Parties to Contract This contract and agreement is made and entered into by and between the Texas Department of Human Resources, an agency of the State of Texas, hereinafter referred to as "Department" and City of Lubbock hereinafter re - erre to as Contractor.' The parties hereto have severally and collectively agreed and by execution hereof are bound to the mutual obligations and to performance and accomplishment of the tasks hereinafter described. SECTION II. Contract Period All services to be performed by Contractor.shall commence July 1, 1982 and shall terminate June 30, 1983, such period referred to herein as "contract period," unless expressly provided otherwise herein.. The Department reserves the right to renegotiate.this contract annually for up to three years provided that service quality is maintained and funding is available. SECTION III. Contractor Performance ' A. Contractor shall, in a satisfactory manner as determined by Department, develop and implement a weatherization assistance program to assist in achieving a healthful dwelling environment and maximum practicable energy con- servation in the dwellings of low income persons, parti- cularly 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. Such program shall be undertaken in accordance with the provisions of Energy Conservation in Existing Buildings Act of 1976 (as amended) 42 USCA 6851 et seq., hereinafter referred to as "the Act," with regulations promulgated pur- suant thereto, and codified at 10 CFR Part 440, with the terms of this contract, and with appropriate policies and procedures outlined in the Department weatherization hand - .,book. C. In undertaking performances hereunder, Contractor shall comply with the provisions of the following: 1. Federal Management Circular 74-4, 34 CFR 255, entitled "Cost Principles Applicable to Grants and Contracts with State and Local Governments;" 2. Office of Management and Budget Circular A-102, 34 CFR 256, entitled "Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments;" 3.. Office of Management and Budget Circular A-122, entitled "Cost Principles for Non-profit Organizations" (45 Fed. Reg. 46022-46034, Tuesday, July 8, 1980); 4. such procedures applicable to the Weatherization Program Regulations and the U.S. Department of Energy (hereinafter called DOE) may prescribe from time to time for the administration of grants; S. such other requirements as are referenced in 5440.2 of the Weatherization Program Regulations to the extent that such requirements are applicable to the Contractor; and 6. all applicable laws, ordinances, codes, and regulations of local, state, and federal governments. D. Contractor shall weatherize a minimum of 64 eligible dwelling units, excluding low cost/no,Cost Section VI C2c), under this contract. An eligible dwelling unit is a house, including a stationary mobile home in which the household's: 1. income is at or.below 125% of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget;• or 2. contains a member who has received cash assistance payments under Title IV (Aid to Families with Dependent Children - AFDC) of the Social Security Act or applicable State or local law paid during the 12 -month period pre- ceding the determination of eligibility for weatheriza- tion assistance. E. Contractor shall conform to the revised Retrotech procedures developed for the State of Texas according to the type of dwelling unit structure and district heating factor. Refer to the Weatherization Handbook for specific instruction con- cerning actual completion of the revised Retrotech form, now referred to as the Retrotech Building Weatherization Report. Wa Y SECTION IV. Department Financial Obligation A. MEASURE OF LIABILITY In consideration of full and satisfactory performance here -- under, Department shall be liable to Contractor in an amount equal to the actual costs incurred by Contractor for per- formance rendered hereunder subject to the following limi- tations: 1. Department shall not be liable to Contractor for costs incurred or performances rendered unless such costs and performances are strictly in accordance with the terms of this contract, including but not limited to terms governing Contractor's promised performance, and all amendments hereto signed and agreed to by both Department and Contractor or resulting from Contractor's acceptance of proposed amendments in the manner pre- scribed in SECTION XIV of this contract; 2. Notwithstanding any other provision of this Section, it is understood and agreed by the parties hereto that the Department's obligations under this contract are contingent upon actual receipt of adequate funds from the United States Department of Energy to meet putative liabilities under this subsection, and if Department does not receive adequate funds from the United States Department of Energy, Department will not be legally liable to Contractor for Department's failure to make payments to Contractor; provided that, in the event the United States Department of Energy notifies Department specifically and in writing that Department will not receive adequate funds to make payments to the Contractor under this contract, Department will within a reasonable time from receipt of such notice provide written notifi- cation to Contractor that Department will not receive adequate funds; 3. Department shall not be liable for any amounts for any costs incurred in any program cost categories in excess of those allowed under the provisions of SECTION VI, Allowable Expenditures; A. Department shall not be liable for any costs incurred or performances rendered by Contractor in the perfor- mance of this contract which have not been billed to Department within ninety (90) days following the ter- mination of this contract; 5. Department shall not be liable to Contractor for costs incurred or performances rendered by Contractor before the commencement of this contract or after the termi- nation of this contract; and -3- 6. Department shall not be liable to Contractor for any cost incurred by Contractor,.or portion thereof which a. has been.paid to Contractor or is subject to pay- ment to Contractor, or b. has been reimbursed to Contractor or is subject to reimbursement to Contractor, by any source other than Department or Contractor. B. METHOD OF PAYMENT 1. The Contractor shall submit a State of Texas Purchase Voucher and the reports provided for in SECTION VII -B, of this contract to Department, so that such voucher and reports are postmarked no later than the 10th of the month following the calendar month in which expen- ditures were made and for which reimbursement is sought. After the receipt of the Contractor's properly completed voucher and reports, the Department shall pay, subject to the limitations cited below, to Contractor an amount equal to Departmental liabilities accrued as specified in Subsection A of this Section, but unpaid hereunder. 2. Notwithstanding the provisions of Paragraph 2 of this Subsection B, it is expressly understood and agreed by the parties hereto that if the Contractor fails to submit to Department in a. timely and satis- factory manner any report required,by this contract, the Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due and owing Contractor hereunder. If Department with- holds such payments, it shall notify the Contractor in writing of its decision and the reasons therefor. Pay- ments withheld pursuant to this Paragraph may be held by the Department until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. 3. It is further expressly understood and agreed by the parties hereto that Contractor's performance upon which final payment is conditioned shall include, but not be limited to the following: a. Contractor's complete and satisfactory performance of its obligations for which final payment is sought; b. Timely submission to the Department of the final , close-out or expenditure report required under this contract; and C. Timely submission of the audit report required under this contract. -4- tE Prior to Contractor's performance of the above listed obligations, the Department may, at its sole option and in its sole discretion, withhold the final payment, in whole or in part, until such time as Department has determined from such final report and/or audit the final amount owing under this contract. Within thirty (30) days following the determination by the Department of the final amount owing under this contract, the Department shall pay to Contractor the amount determined by Department to be the final amount owing to Contractor under this contract. 4. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Subsection B or any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provisions of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. C. EXCESS PAYMENTS Contractor shall be liable to Department for any amount paid under Subsection B of this SECTION IV for which Depart- ment determines that it was not liable .to Contractor under this contract. Upon termination of this contract and in the event Department has made payments to Contractor in excess of Department's liability hereunder as measured in accordance with this SECTION IV, Contractor shall promptly repay to Department the amount of such excess payments. D. MAXIMUM DEPARTMENT LIABILITY Notwithstanding any other provisions of this contract, Department shall not be liable hereunder to Contractor in a cumulative amount greater than fifty -e' six hundred twenty-nine dollars 58,629.00 �• If the contractor does not meet the maximum expenditure of $ 20,417-00 by December 31, 1982, the Department will re ud ce the cumulative amount of this contract equal to the amount not expended. SECTION V. Area Served A. The Contractor shall conduct weatherization activities pursuant to this contract in each of the following counties of Texas only: Lubbock -5- B. Except as provided in Subsection D of.this SECTION V, the Contractor shall make weatherization assistance under this contract.available to eligible households in all areas of each county specified in Subsection A of this SECTION V. Contractor shall ensure through reasonable outreach efforts that residents of eligible households throughout Contractor's service area are made aware of said program and are provided by Contractor with an adequate opportunity to apply, without undue hardship to the residents of eligible households, for such weatherization assistance. C. Except as provided in Subsection D of this SECTION V, the Contractor shall to the maximum extent feasible provide assistance to eligible households in each county of Con- tractor's service area (or each geographic area of the ' county if Contractor serves only one county). If at any time during the contract period the Department determines that Contractor's weatherization activities have been pro- vided disproportionately to one or more geographical areas in Contractor's service area, the Contractor shall at Depart- ment's request provide to Department the reasons justifying the provision of services in such manner and an explanation of steps which have been or will be taken by the Contractor to ensure a more equitable geographical distribution of weatherization assistance in its service area. D. Contractor shall not limit weatherization activities to any special weatherization assistance impact area within a county or counties of Contractor's county service area, as identified in Subsection A of this Section, except when Contractor has received prior written approval from Department for such a limitation of activities. SECTION VI. Allowable Expenditures A. Contractor may use not more than five percent (5%) of all funds allocated hereunder for administrative expenses, in- cluding any labor costs (other than labor costs allowable under Subsection CM(e) and (f) of this SECTION VI),travel costs (limited to the rates established by law for the Depart- ment employees in classified positions), audit fees, office space, equipment and supplies which are necessary and rea- sonable for administration of program performances under this contract. For the purposes of this subsection, labor costs eligible to be included as allowable administrative expenses shall specifically include salaries; wages, and fringe benefits of Contractor's administrative staff per- sonnel. B. The cost of liability insurance, not to exceed Eight Hundred Dollars ($800), covering personal injury and property damage resulting from weatherization project activities under this contract is an allowable expenditure. C. Subject to the following terms and limitations, Contractor may expend funds hereunder for the payment of actual costs for administration expenses, program support and for weather- ization materials, not to exceed a maximum of $1000 for any dwelling unit weatherized: 1. No expenditures by Contractor shall be allowable if made to: a. weatherize a dwelling unit which has been weatherized previously with funds authorized under the Act unless such dwelling unit has been damaged by fire, flood, or act of God and repair of the damage to weatheri- zation materials is not paid for by insurance; and b.- 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. 2. Contractor may make expenditures for the cost of purchase and delivery of weatherization materials to Contractor provided that such expenditures shall not be less than 60% for the contract as a whole. a. Weatherization materials are: (1) caulking and weatherstripping of doors and windows; (2) furnace efficiency modification limited to -- (a) replacement burners designed to substan- tially increase the energy efficiency of the heating system, (b) devices for modifying flue openings which will increase the energy efficiency of the heating system, and (c) electrical or mechanical furnace ignition systems which replace standing gas pilot lights; (3) clock thermostats; (4) ceiling, attic, wall, floor, and duct insula- tion; (5) water heater insulation; (6) storm windows and doors, multiglazed windows and doors, heat -absorbing or heat -reflective window and door materials; and (7) the following insulating or energy conserving devices or technologies -- (a) skirting, (b) items to improve attic ventilation, (c) vapor barriers, (d) materials used as a patch to reduce infil- tration through the building envelope, and (e) water flow controllers. -7- Except as provided in this contract, only weather- ization materials which meet or exceed standards set forth in Attachment A of this contract shall be purchased with funds provided hereunder. b. For the purpose of maximizing the utilization of funds received pursuant to this contract, the Con- tractor shall purchase only an amount of weather- ization materials which Contractor estimates to be reasonably necessary to accomplish the weatherization activities hereunder during the period of this con- tract. C. Up to Fifty Dollars ($50) per home may be expended for items defined as low cost/no cost. These items are frequently installed by the homeowner and, as.such, no labor cost can be charged to the weatherization program for their installation. Low cost/no cost expenditures must not exceed 10% of the contractor's allocation. Such items are as follows: a. Water flow controllers b. Weatherstripping C. Caulking d. Glass patching e. Insulation for plugging holes 3. Contractor may make expenditures for the cost of program support and labor, provided that such expenditures shall not exceed an average of 35% of the total expenditures made for any dwelling weatherized. Such costs may only include: a. transportation of weatherization materials, tools, equipment, and work crews to a storage site and to the site of weatherization work; b. maintenance,, operation, and insurance of vehicles_ used to transport weatherization materials; c. maintenance of tools and equipment; d. purchase or annual lease of tools and equipment, and annual lease of vehicles; -8- e. employment of on-site supervisory personnel; f. labor costs which may consist of (1) costs of sup- plemental wages, as permitted by the Department of Labor, paid to training participants and public service employment workers pursuant to CETA, and (2) costs of employing labor (particularly persons eligible for training under CETA) or engaging a subcontractor in accordance with SECTION XIV of this contract (particularly a non-profit organization or a business owned by disadvantaged individuals which performs weatherization services) to install weather- ization materials. When employing such labor or en- gaging such subcontractor, Contractor shall make a written determination that an adequate number of volunteers and training participants and public ser- vice employment workers, assisted pursuant to CETA, are not available to weatherize dwelling units for Contractor under the supervision of qualified super- visors; and g. storage of weatherization materials. D. Contractor may expend an amount not to exceed One Hundred Fifty Dollars ($150) for any dwelling unit for the cost of incidental repairs. Amounts expended on such repairs shall be considered a part of, and not in addition to, the maxi- mum allowable expenditure per dwelling unit specified in Subsection C of this Section. Repair costs shall consist. of repair materials and repairs to the heating source neces- sary to make the installation of weatherization materials effective. "Repair materials" means items necessary for the effective performance or preservation of weatherization materials. Repair materials include, but are not limited to, lumber used to frame or repair windows and doors which could not otherwise be caulked or weatherstripped; roofing materials used as a patch'to repair water leaks which would damage insulation installed under this program; repairs to heating or cooling source (including labor);. protective materials such as paint, to seal materials installed under this program; and the parts required to vent unvented space heaters. E. To the maximum extent practicable, the Contractor shall secure the services of volunteers, training participants and public service employment workers pursuant to CETA, to work under the supervision of qualified supervisors and foremen. F. To the maximum extent practicable, Contractor shall utilize funds hereunder for the purchase of weatherization materials. Contractor, at its discretion, may use for the purchase and delivery of weatherization materials any or all of the funds permitted as expenditures for administrative expenses or pro- gram support. SECTION VII. Recordkeeping and Reports A. The Contractor shall keep such records as Department shall specify, including records which fully disclose the amount and disposition by contract of the funds received and the •total cost of a weatherization project for which such as- sistance was given or used, the source and amount of funds for such projector program not supplied by Department, and such other records as Department deems necessary for: an effective audit and performance evaluation. Such record- keeping shall be in accordance with OMB Circular A-102, the requirements of 10 CFR Part 600, and any further requirements of this regulation or which DOE may otherwise establish under the terms and conditions of the grant to Department. B. The Contractor shall submit to Department on a monthly basis during the contract period an original and four (4) copies of the Weatherization Assistance Progress/Expenditure Report ONE (WAPER ONE) and an original and four (4) copies.of the WAPER REPORT TWO. Such reports shall be postmarked no later than the 10th day of the month following the calendar month in which the weatherization activities and expenditures re- ported occurred. In addition, Contractor shall submit to Department within sixty (60) days following the termination of this contract an original and four (4) copies of a final report, to be completed on a WAPER ONE form, covering all weatherization activities and expenditures by Contractor during the contract period. C. The Contractor shall keep such records as Department shall specify, including records which fully disclose the amount and disposition by contract of the funds received, and the total cost of each weatherization project for which assistance was given or used and other such records as the Department deems necessary for an effective audit and performance eval- uation. Refer to the Weatherization Handbook for specific instructions concerning actual record keeping and reports. Records shall be kept for up to a period of three (3) years following termination of contract. D. Contractor shall make a separate and iteminzed inventory of all materials and weatherization tools remaining on hand at the end of the contract period, and shall report the value of such materials and tools to Department within thirty (30) days following the termination of this contract. The Department will subsequently notify the contractor as to instructions for disposition of inventory. -10- SECTION VIII. Department Monitoring The Contractor shall give the Department and DOE through their authorized representative, access to, the right to examine, and the .right to photocopy any or all pertinent records, files, books, or other written materials relating to this contract and maintained by the Contractor or any person or any other entity with whom any portion of the performance hereunder has been sub- contracted. The Contractor shall give the Department and DOE the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. SECTION IX. Audit A. The Department, at its option, may conduct an audit covering the funds awarded under this contract for the contract period. B. The Contractor shall furnish the Department with an audit report covering the funds awarded under this contract for the contract period. Such audit shall be conducted by an inde- pendent certified public accountant and shall be delivered to the Department within ninety (90) calendar days following the termination of this contract. The audit shall be made in accordance with generally accepted auditing standards in- cluding the standards published by the General Accounting Office, "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions,",and DOE requirements. C. Notwithstanding any other provisions of this contract, in- cluding but not limited to, any provisions of this contract concerning termination, the obligations of the Contractor pursuant to this Section only shall continue in force and in effect until such time as Contractor has completed any auditing undertaken pursuant to this Section. Department. and Contractor agree that for 'the purposes of SECTION IV(A) of this contract,. Contractor's actual costs incurred in the satisfactory performance of this Section only shall be con- sidered to be incurred prior to the ending date of the con- tract. SECTION X. Independent Contractor It is expressly understood and agreed by both parties hereto that Department is contracting with Contractor as an independent contractor, and the Contractor as such agrees to hold the Depart- -11- ment harmless and indemnify it from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with, the services to be performed by Contractor under this contract. 'This provision does not apply to claims arising from any acts, negligent or intentional, of employees of the Department. SECTION XI. Assistance to Native Americans Weatherization assistance provided under this contract shall be made available and provided to low income members of an Indian tribe, if any, in Contractor's area served on the same basis as such assistance is made available and provided to other eli- gible persons. SECTION XII. Priority to Elderly and Handicapped A. Contractor shall give priority to identifying and providing weatherization assistance to low income elderly persons -who are 60 years of age or older, and to low income handicapped persons. "Handicapped person" means an individual (1) who is handi- capped individual as defined in Section 7(6) of the Rehabi- litation Act of 1973, (2) who is under a disability as de- fined in Section 1614(a)(3)(A) or 233(d)(1) of the Social Security Act or in Section 102(7) of the Developmental Dis- abilities Services and Facilities Construction Act, or (3) who is receiving benefits under Chapter 11 or 15 of Title 38, United States Code. SECTION XIII. Amendments A. Any alterations or additions to, or deletions from, the terms of this contract that are required by changes in Federal laws or -Federal regulations promulgated pursuant thereto are automatically incorporated into this contract without written amendment hereto and shall go into effect on the date designated by the law or regulation. B. If the Contractor cannot conform to the changes required by federal laws, or federal regulations promulgated pursuant thereto,•the Contractor shall notify the Department in writing no later than the effective date of such law or regulations to which it cannot so conform. The Department shall then establish the standards for the termination of the Contractor's programs and shall terminate the contract as soon as practicable. -12- C. Except as provided elsewhere in this contract, any altera- tion or addition to or deletion from the terms of this con- tract shall be by amendment in writing and executed by both parties hereto. SECTION XIV. Contractor Responsibility A, In no event shall any provision of the contract be construed as relieving Contractor of the responsibility for ensuring that the performances rendered are rendered so as to comply with all terms and provisions of this contract. Department maintains the right to insist upon Contractor's full com- pliance with the terms of this contract, and by the act of approval under this section, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. B. Contractor will ensure that its subcontractors, if any, do not contract for any performance or partial performance of any activity or service provided or to be provided through this contract, payment for which: 1. has been paid to subcontractor or is subject to payment to subcontractor; or 2. has been reimbursed to subcontractor or is subject to reimbursement to subcontractor, by any source other than Contractor or.subcontractor. C. The Contractor agrees that in all subcontracts it executes for performances hereunder the contractual relationship shall be governed by the principles stated in the "Conflict of Interest" and "Nepotism" provided herein and that all subcontracts shall contractually bind Contractor and its subcontractors (except subcontractors with ten (10) or less employees) to abide by such principles. SECTION XV. Termination Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to immediately terminate and bring to an end all performances to be rendered under this contract by notifying the other party hereto in writing of such termination. Should neither party exercise its right to terminate this contract, this contract shall terminate in accordance with provisions of SECTION II and SECTION XIV. SECTION XVI. Political Activity None of the performances rendered hereunder shall involve, and no portion of the funds received by the Contractor hereunder -13- shall be used for, any partisan political activity (including but not limited to, an activity to further the election or de- feat of any candidate for public office) or any activity under- taken to influence the passage, defeat or final content of legislation. SECTION XVII. Maintenance of Effort and Coordination of Resources A. The Contractor agrees that the funds and resources provided the Contractor under the terms of this contract will be used solely for expenditures in payment for the performance required of Contractor hereunder and that such funds and resources provided hereunder shall be used to supplement, and not supplant, State or local funds, and, to the maxi- mum extent practicable (as determined by DOE) to increase the amounts of these funds that would be made available' in the absence of Federal funds provided hereunder. B. To the maximum extent practicable, the use of weatherization assistance shall be coordinated with other Federal, State, local or privately funded programs in order to improve thermal efficiency and to conserve energy. SECTION XVIII. Conflict of Interest A. The Contractor covenants that neither it nor any employee or member of its governing body presently has any interest or shall acquire any interest, director indirect, which would conflict in any manner or degree with the performance of services required to he performed under this contract. The Contractor further covenants that in the%performance of this contract no person having such interest shall be employed or appointed as a member of its governing body. B. The Contractor shall establish and enforce safeguards to prevent members of its governing body or its staff members, subcontractors or employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain.for themselves, or others, par- ticularly those with which they have a family, business or other ties. C. No officer, member, or employee of Department or Contractor and no member of their governing bodies, and no other pub- lic official of the governing body of the state or locality or localities in which the contract is being carried out -who exercises any functions or ponsi i sties in the review or approval of the undertaking or carrying out of this contract shall (1) participate in any decision relating -14- to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he has a direct or indirect interest; or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. Notwithstanding the provisions of the preceding sentence, dwelling units in which officers, members, or employees of the Contractor or its governing body reside and which are eligible to receive weatherization assistance under this contract may be certified as eligible for and receive such assistance, -provided that prior to the certi- fication of such dwelling units for assistance, the appli- cations for any such eliqible dwelling units must be con- sidered and approved by the Contractor's Board of Directors during a regularly scheduled meeting, with such approval to be entered into the minutes of the meeting. SECTION XIX. Nepotism A. Neither the Contractor nor any of its subcontractors shall hire any person in an administrative capacity or staff position funded under this contract if a member of such person's immediate family is employed in an administrative capacity for the Contractor or any of its subcontractors. 1. For the purposes of this Section, the term "member of the immediate family" includes: wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law,. daughter-in-law, mother-in-law, father-in-law, aunt', uncle, niece, nephew, stepparent, stepchild, grandfather, grandmother, grandson, and granddaughter. 2. For the purposes of this Section, the term "administra- tive capacity" includes those persons who have overall administrative responsibility for the activities and.. performances fiinded under this contract, including all elected and appointed officials who have any responsibility for the obtaining of and/or approval of'this contract, as well as other officials who have influence or con- trol over the administration of the activities or per- formance funded under this contract, such as the project director, deputy director, or any persons having selection, hiring, placement, or supervisory respon- sibilities for the activities and performances funded under this contract. 3. For the purposes of this Section, the term "staff posi- tion" means any employment or position funded under this contract. -15- B. The Contractor assures that it shall in no way exercise its authority in the performance of this contract in a manner that.would violate the State law relating to nepo- tism (Article 5996a, TEX. REV. CIV. STAT. ANN.). C. Notwithstanding any other provisions of this Section, the Provisions of this Section shall not apply to the employ- ment relationships between any subcontractor performing services under this contract, which employs ten (10) or less persons, and its employees. SECTION XX. Non -Discrimination and Equal Employment Opportunity The Contractor agrees that is shall comply with the following Equal Employment Opportunity (EEO) requirements: A. The Contractor shall comply with the equal opportunity requirements of Section 202 of Executive Order 11246 (41 CFR 560-1.4), and any other Executive Order amending or superceding such order, which is incorporated herein by this reference as if fully rewritten. B. The Contractor shall comply with Title 10 of the Code of Federal Regulations "Nondiscrimination in Federally Assisted' Programs" (43 Fed. Reg. 53658 (1978) (.to be codified in 10 CFR §1040)), which is incorporated herein by this reference as if fully rewritten, and covenants that no person shall on the ground of race, color, nations -I origin, sex, handi- cap, or age be excluded from participation in, be denied - the benefits of, be subjected to discrimination under, or be denied employment, where the main purpose of the program or activity is to provide employment or when the delivery of program services is affected by the Contractor's employ- ment practices, in connection with any program or activity for which Contractor herein receives financial assistance. C. The Contractor covenants that no person with responsibilities in the operation of any program funded under this contract will discriminate with respect to any employee, program par- ticipant, or any applicant for participation in such program, because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. D.. The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 52000d), as amended, which is incorporated herein by this reference as if fully re- written, and covenants that no person in the United States shall, on the grounds of race, color, sex, national origin, age, handicap, or political affiliation or belief be ex- cluded from participation in, be denied the benefits of, -16- or be otherwise subjected to -discrimination under any pro- gram or activity for which the Contractor herein receives financial assistance, and will immediately take any measures necessary to effectuate this requirement. E. The Contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000(e)), as amended, and' Executive Orders 11246 and 11375, which are incorporated herein by this reference as if fully rewritten, and cove- nants that no employee or applicant for employment will be discriminated against because of race, color, sex, religion, or national origin. F. The Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. 5201 through 219), as amended, which is incor- porated herein by this reference as if fully rewritten, and covenants that it will not practice wage differentiation in employment based on sex. G. The Contractor shall comply with the Age Discrimination in Employment Act (29 U.S.C. §621 through 634), as amended, and Executive Order 11141, which are incorporated herein by this reference as if fully rewritten, and covenants that it will not practice discrimination against an employee or applicant for employment on the basis of age. The Contractor shall not discriminate in employment against any person because of his or her age or specify in solicitations or advertisements a maximum age limit except and unless it is based upon a bona fide occupational qualification, retire- ment plan, or statutory requirement.;., H. The Contractor shall take Affirmative Action -to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, religion, national origin, or condition of physical or mental handicaps, provided, however, in the instance of a handicapped person, that the person's handicap does not prevent that per- son from doing the job that person would be hired to perform. Such action shall include but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment advertising; layoff or termination rates or pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor also covenants to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Department's EEO Officer in setting forth the provisions of this non discrimination clause. I. The Contractor shall ensure compliance with 41 CFR 60-741 (Affirmative Action for Handicapped) and 41 CFR 60-250 (Affirmative Action for Disabled Veterans of the Vietnamese Era). -17- SECTION XXI. Privacy Act & Confidentiality The Contractor shall maintain no information about any indivi- dual -in a manner which would violate any provisions of the Privacy Act of 1974, U.S.C. 552a. Advanced notice will be given to the Department in the event Contractor anticipates that in- formation will be retained in a "system ofrecords" as defined by the Privacy Act at 5 U.S.C. 552a(a)(5). Notice must.be suf- ficient to enable publication of a system description in the Federal Register in accordance with 5 U.S.C. 552a(e)(ii) and, the submission of a Report on New Systems in accordance with 5 U.S.C. 552a(o). The Contractor further agrees not to release information about the identity of .individuals served under this contract unless specifically authorized by such individual or the Department. SECTION XXII. Legal Authority The Contractor assures and guarantees that is possesses the legal authority, pursuant to any proper, appropriate and of- ficial motion, resolution or action passed or taken, giving the Contractor legal authority to enter into this contract, receive the funds authorized by this contract and to perform the services the Contractor has obligated itself to perform under this contract. The person or persons signing or executing this contract on behalf of the Contractor, or representing themselves as sign- ing and executing this contract on behalf.of the Contractor, do hereby warrant and guarantee that he 'or they have been duly authorized by the Contractor to execute this contract on behalf of the Contractor and to validly and legally bind the Contractor to all the terms, performances and provisions herein set forth. The Department shall have the right, at its option, to either temporarily suspend or permanently terminate this contract, if there is a dispute to the legal authority of the Contractor or the person signing the contract to enter this contract. The Contractor is liable to the Department for any money it has received from the Department for performance of the provisio)ns of this contract, if the Department has suspended or terminated this contract for reasons enumerated in this Section. WITNESS OUR HANDS EFFECTIVE THIS 22nd DAY OF July , 1982. CITY OF LUHBeeK% A 1-75 6000 590 6009 Ven or ID contrac r ATTEST: Evelyn Ga ga, City sec. reas. Approved and accepted on behalf of the Texas Department of Human Resources. Marlin W. Johnston, Commissioner Texas Department of Human -Resources This contract is not effective unless signed by the Commissioner of the Department. REVIEWED BY: ........... Regional Representative Legal Division -19-