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HomeMy WebLinkAboutResolution - 735 - Contract - TDCA - Weatherization Assistance Program - 02/26/1981NOS �� - 'kv DGV/pg RESOLUTION 4735 - 2/26/81 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Weatherization Assistance Program Contract for the period of February 1, 1981 to December 31, 1981, 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 26th day of February ,1981. BILL AL STER, MAYOR ATTEST: Evelyn Gaffga, "City -Se,61e fry -Treasurer APPROVED AS TO CONTENT: Eliseo Solis, Community Services Director APPROVED AS TO FORM: d G. Vandiver, Asst. City Attorney RESOLUTION 9735 - 2/26/8 TDCA o01q 6 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS kl CONTRACT FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS 1981 STATE OF TEXAS COUNTY OF TRAVIS SECTION I. 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, herein- after referred to as "Department" and City of Lubbock Community Services Department hereinafter referred 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 February 1, 1981 and shall terminate December 31, 1981, such period referred to herein as to period," unless expressly provided otherwise herein. 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 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. 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, and with the terms of this contract. C. In undertaking performances hereunder, Contractor shall comply A4ith the provisions of the following: a. Federal Management Circular 74-4, 34 CFR 255, entitled "Cost P.�tPrinciples Applicable to Grants and Contracts with State and Local Governments;" v ' � Page 1 of 20 b. Office of Management and Budget Circular A-102, 34 CFR 256, entitled "Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments;" c. Office of Management and Budget Circular A-122, entitled "Cost Principles for Non-profit Organizations" (45 Fed. Reg. 46022-46034, Tuesday, July 8, 1980); d. such procedures applicable to the Weatherization Program Regulations as the U.S. Department of Energy may prescribe from time to time for the administration of grants; e. such other requirements as are referenced in §440.2 of the Weatherization Program Regulations to the extent that such requirements are applicable to the Contractor; and f. all applicable laws, ordinances, codes, and regulations of local, state, and federal governments. D. Contractor shall weatherize a minimum of 13 eligible dwelling units under this contract. An eligible dwelling unit is__a house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters which is the dwelling of a family unit 1. whose 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. which contains a member who has received cash assistance payments under Title IV or XVI of the Social Security Act or applicable State or local law paid during the 12 -month period preceding the determina- tion of eligibility for weatherization assistance. E. Contractor shall utilize the approaches to weatherization contained in the Department's Project Retro -Tech booklet applicable to the area served by Con- tractor specified in Section V of this contract. SECTION IV. Department Financial Obligation A. MEASURE OF LIABILITY In consideration of full and satisfactory performance hereunder, Department shall be liable to Contractor in an amount equal to the Page 2 of 20 actual costs incurred by Contractor for performance rendered hereunder subject to the following limitations: 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 prescribed 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, Depart- ment 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 pay- ments 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. 4. Department shall not be liable for any costs incurred or performances rendered by Contractor in the performance of this contract which have not been billed to Department within ninety (90) days following the termination of this contract. 5. a. In the event the Department determines 'that for any three consec- utive months during the contract period, the number of eligible dwelling units which have been weatherized in each month by Con- tractor in accordance with the terms of this contract is less than 80% of the number of units scheduled to be weatherized under this contract for.that month, as set forth in Contractor's Weatheriza- tion Schedule, which is Attachment A to this contract, the number of units allocated to Contractor, as reflected in Section IIID) of this contract, may be reduced by up to the number which is com- puted by multiplying the following two (2) numbers: 1) the average of the numbers, computed for each month of the 3 -month period, which equal the difference between the number of units scheduled to be weatherized in that month and the number of units actually weatherized in that month. 2) number of calendar months between the first month of the 3 - month period and the termination date of the contract, stated in Section II of this contract. Page 3 of 20 b. If the number of units allocated to Contractor is reduced in the manner specified in this Subsection, Department's maximum liability under this contract as set forth in Subsection D of this Section shall be reduced by an amount which equals the num- ber of units by which Contractor's allocation is reduced multiplied by $1,000. c. Department shall provide Contractor with prior written notification of any such readjustment by Departmefit under this subsection. Such written notification shall be sufficient to amend such provisions of the contract without the separate execution by the Contractor and the Department. This procedure will be an exception to Sec- tion XIV of this contract. 6. Department shall not be liable to Contractor for costs incurred or performances rendered by Contractor before the commencement of this contract or after the termination of this contract. 7. 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 payment 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. Department shall pay to Contractor twenty percent (20%) of the amount specified in Subsection D of this Section IV, against Departmental liabilities accrued or to be accrued, pursuant to Subsection A of this Section IV within thirty (30) days after the execution of this contract. 2. 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 expenditures were made and for which reimbursement is sought. Within thirty (30) days 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 Depart- mental liabilities accrued as specified in Subsection A of this Section, but unpaid hereunder. 3. 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 satisfac- tory manner any report required by this contract or any other contract the Department has with the Contractor, 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 withholds Page 4 of 20 such payments, it shall notify the Contractor in writing of its decision and the reasons therefor.. Payments 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. 4. 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 obliga- tions 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. Prior to Contractor's performance of the above -listed obligations, the Department may, at its sole option and in its sole discretion, with- hold 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 fol- lowing 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. 5. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Subsection B or any other pro- vision 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 Sub- section B of this Section IV for which Department 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 provision of this contract, Department shall not be liable hereunder to Contractor in a cumulative amount greater than Fifteen Thousand and No/100 Dollars ($15,000.00 ). Page 5 of 20 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 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 U of this Section V, the Contractor shall to the maximum extent feasible provide assistance to eligible households in each county of Contractor's service area (or each geographic area of the county if Contractor serves only one county) in the same proportion as the number of eligible households in each respective county (or geographic area) bears to the total number of eligible households in Contractor's service area. If at any time during the contract period the Department determines that Contractor's weatherization activities have been provided disproportionately to one or more geographical areas in Contractor's service area, the Contractor shall at Department'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, which shall be provided only if Contractor has presented to Department adequate written evidence that without such limitation weatherization activities conducted by Con- tractor would not be economically feasible. SECTION VI. Allowable Expenditures A. Contractor may use not more than five percent (S%) of all funds allocated here- under for administrative expenses, including any labor costs (other than labor costs allowable under Subsection C(3) of this Section VI), travel costs, audit fees, office space, equipment and supplies which are necessary and reasonable 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 personnel. Page 6 of 20 B. The cost of liability insurance, not to exceed Eight Hundred Dollars ($800.00), 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 program support and for weatherization materials, not to exceed a maximum of $1,000 fori.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 weatherization materials is not paid for by insurance; 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. a. Weatherization materials are: (1) Caulking and weatherstripping of doors and windows; (2) Furnace efficiency modification limited to -- (i) Replacement burners designed to substantially increase the energy efficiency of the heating system; (ii) Devices for modifying flue openings which will increase the energy efficiency of the heating system; and (iii) Electrical'or mechanical furnace ignition systems which replace standing gas pilot lights; (3) Clock. thermostats; (4) Ceiling, attic, wall, floor, and duct insulation; (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 -- (i) Skirting; (ii) Items to improve attic ventilation; (iii) Vapor barriers; (iv) Materials used as a patch to reduce infiltration through the building envelope; and (v) Water Flow Controllers. Except as provided in this contract only weatherization materials which meet or exceed standards set forth in Attachment B of this contract shall be purchased with funds provided hereunder. Page 7 of 20 b.. For the purpose of maximizing the utilization of funds received pursuant to this contract, the Contractor shall purchase only an amount of weatherization materials which Contractor estimates to be reasonably necessary to accomplish the weatherization activities hereunder during the period of this contract. 3. Contractor may make expenditures for the cost of program support and labor, provided that such expenditures shall not exceed an average of 60% 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 oz annual lease of tools and equipment, and annual lease of vehicles; Upon full and satisfactory completion of Contractor's performance including Contractor's weatherization of the minimum number of dwelling units specified in Section IIID) of this contract, title to all tools and weatherization equipment purchased by Contractor in accordance with this Section shall vest in Contractor. e. Employment of on-site supervisory personnel; f. Labor costs, which may consist of (i) costs of supplemental wages, as permitted by the Department or Labor, paid to training partici- pants and public service employment workers pursuant to CETA, and (ii) costs of employing labor (particularly persons eligible for training under CETA) or engaging a subcontractor in accordance with Section XV of this contract (particularly a non-profit organization or a business owned by disadvantaged individuals which performs weatherization services) to install weatherization materials, pro- vided, that prior to employing such labor or engaging such,subcontrac- tor, Contractor shall obtain from Department a written determination that an adequate number of volunteers and training participants and public service employment workers, assisted pursuant to CETA, are not available to weatherize dwelling units for Contractor under the supervision of qualified supervisors; and g. Storage -of weatherization materials. D. Contractor may expend an amount not to exceed One Hundred Fifty Dollars ($150.0[ 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 maximum 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 necessary to make the installation of weatherization materials effective "Repair materials" means items necessary for the effective performance or preservation of weatherization materials. Repair Page 8 of 20 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 discre- tion, may use for the purchase and delivery of weatherization materials any or all of the funds permitted as expenditures for administrative ex- penses, program support, or liability insurance expenses. 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 assistance was given or used, the source and amount of funds for such project or program not supplied by Department, and such other records as Department deems necessary for an effective audit and performance evaluation. Such recordkeeping 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 (TDCA WAPER ONE) and an original and four copies of the-TDCA 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 reported 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 TDCA WAPER ONE form, covering all weatherization activities and expenditures by Contractor during the contract period. C. Contractor shall maintain a file for each home weatherized with DOE funds which contain the following: 1. Eligibility documentation (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 Section III D. of this Contract. Page 9 of 20 2. Building Weatherization Report (TDCA Form); 3. Project Retro -Tech Building Check and Job Order Sheet; 4. Homeowner/Authorized Agent Certification Form (EIA -29-D); 5. Fuel Information Release Form (EIA -29E); 6. Lessor Agreement (if dwelling unit weatherized is rental property); and 7. Certification that applicant is responsible for fuel bills (if rental property). D. Contractor shall make an 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 ten (10) days following the termination of this contract. SECTION VIII. Department Monitoring The Contractor shall give the Department and the Department of Energy through their authorized representatives, 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 subcon- tracted. The Contractor shall give.the Department and DOE the right at all reasonable times to inspect or otherwise evaluate the work performed or being per- formed 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. If the Department chooses to conduct such an audit,,it shall notify the Contractor in writing to that effect on or before November 1, 1981. B. If the Department does not choose to conduct an audit as provided in Subsection A of this Section, 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 independent 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 including the standards published by the General Accounting Office, ;'Standards for Audit of Governmental Organizations, Programs, Activities, and Functions," and Department of Energy requirements. C. Notwithstanding any other provisions of this contract, including, but not limited to, any provisions of this contract concerning termination, the Page 10 of 20 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 considered to be incurred prior to the ending date of the contract. 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 huld the Department 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 con- tract. 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 eligible 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 (a) who is handicapped individual as defined in Section 7(6) of the Rehabilitation Act of 1973, (b).who is under a disability as defined in Section 1614.(a) (3) (A) or 223 (d) (1) of the Social Security Act or in Section 102(7) of the Developmental Disabilities Services and Facilities Construction Art, of (c) who is receiving benefits under Chapter 11 or 15 of Title 38, United States Code. B. If a proposed unit to be weatherized is occupied by a person eligible for weatherization assistance under Section III (D) (1), but other than a low-income elderly or handicapped person, Contractor must certify that all eligible low-income elderly and handicapped persons have been offered weatherization assistance prior to selection of this unit for assistance. SECTION XIII. Weatherization of Rental Units Contractor may weatherize a building containing rental dwelling units using financial assistance for dwelling units eligible for weatherization assistance Page 11 of 20 under Subsection D of Section III of this contract only if Contractor has obtained prior written permission of the owner of such building or his agent, and not less than sixty-six percent (66%) of the dwelling units in the building are eligible dwelling units, or will become eligible dwelling units within 180 days under a federal program for rehabilitating the building or making similar improvements to the building. Contractor shall obtain from the owner written assurances that rents shall not be raised because of the increased value of the building or dwelling unit due solely to weatherization assistance provided under this contract and that no undue or excessive enhancement shall occur to the value of the building or rental dwelling unit. Contractor shall maintain such assurances in its files for inspec- tion by Department and provide a photocopy of such assurances to Department upon its request. SECTION XIV. 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 regula- tions 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 pro- grams and shall terminate the contract as soon as practicable. C. It is understood and agreed by the parties hereto that this contract must at all times be in compliance with the regulations promulgated by DOE under the Act and that changes, interpretations, and clarifications of the regulations to be made by DOE or TDCA during the contract period will have the effect of qualifying the terms of this contract. It is there- fore agreed by the parties hereto that, in order to incorporate any such changes, interpretations, and clarifications into the contract, this con- tract may be amended in the following manner: The Department shall have the right to propose an amendment that will be effective immediately as if written herein and subscribed by the parties, unless the Contractor promptly notifies the Department in writing of its rejection of the proposed amendment, in which case this contract will be terminated without any further action by either party; such termination will be effective as of the date on which the Contractor sends its written rejection. This amend- ment proposal procedure will be an exception to Subsection D of this Section, insofar as the Subsection requires all amendments to this contract to be in writing and executed by both parties hereto. Proposed amendments under the procedure must be announced by the issuance of written Department Directives. A Department Directive must be so denominated, must be uniform throughout the State, must be issued by the Executive Director of the Department, and must not alter the terms of this contract so as to relieve the Department of any obligation under Section IV of reimbursing costs already incurred by the Contractor by the date of the issuance of the Page 12 of 20 Directive, if such costs would tiavL- bel:T) liabilities of the L�:prir�:nrrt under Section IV prior to the issurn:. of the Directive. D. Except as provided elsewhere in this contract, any alteration or addition to or deletion from the terms of this contract shall be by amendment in writing and executed by both parties hereto. SECTION XV. Subcontracts A. The Contractor shall subcontract for the performance described in this contract only after the Contractor has submitted a subcontract informa- tion summary, on a form prescribed by Department, for each proposed subcontract and the Department has given Contractor prior written approval, on the basis of the information submitted, of Contractor's intent to enter into such proposed subcontract. Any performances rendered by a party other than Contractor and its employees is considered under this contract to be a subcontracted performance. For purposes of this contract, the term "employees" refers to those persons who perform their work activities for the Contractor and receive from the Contractor salaries, wages, and fringe benefits. For the purposes of this contract, the term "prior written approval" shall mean that Contractor must receive approval from Department in writing before the execution of the subcontract for which the approval is given. The subcontract information summary form is a report required by Department in accordance with Section VII, Record- keeping and Reports, of this contract, and if Contractor fails to submit such report in the manner specified by Department, Contractor will!be subject to the sanctions contained in Section IV, Department Financial Obligations, including Subsection B(3) of that Section. Contractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to subcontractors. B. The requirement that subcontracted performances hereunder receive the Department's prior written approval shall not apply to subcontracts the aggregate amount of which does not exceed $5,000.00. Provided, that where Contractor intends to execute more than one subcontract with the same party during the contract period the aggregate amount of such subcontracts to exceed (or can reasonably be expected to exceed) $5,000.00, such subcontracts shall be subject to the requirements of Subsection A of this Section XV. C. In no event shall any provision of this Section, specifically including the requirement that Contractor obtain the prior approval of Department on Contractor's intent to subcontract, be construed as relieving Contractor of the responsibility for insuring that the performances rendered under all subcontracts are rendered so as to comply with all terms and provisions of this contract as if the performances rendered were rendered by Contractor hereunder. Departmental approval under this Section does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance under this contract. Department maintains the right to insist upon Contractor's full compliance 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. D. 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 which: Page 13 of 20 • 1. has been paid to subcontractor or is s-ubject 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 siflwc>ntractor. E. 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 sub- contractors (except subcontractors with ten (10) or less employees) to abide by such principles. SECTION XVI. 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, Section XIV, or Section XXV. SECTION XVII. Political Activit None of the performances rendered hereunder shall involve, and no portion of the funds received by the Contractor hereunder shall be used for, any partisan political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. SECTION XVIII. 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 maximum extent practicable (as determined by DOE) to increase the amounts of these funds that would be made available in the absence of Federal funds pro- vided 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 XIX. 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, direct or indirect, which would conflict in any manner or degree with the performance of services required to be 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. Page 14 of 20 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, particularly 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 public 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 responsibilities in the review or approval of the undertaking or carrying out of this contract shall (1) participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, part- nership, 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 weatheriza- tion assistance under this contract may be certified as eligible for and receive such assistance, provided, that prior to the certification of such dwelling units for assistance, the applications for any such eligible dwelling units must be considered 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 XX. 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 administra- tive 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 "administrative capacity" includes those persons who have overall administrative responsibility for the activities and performances funded under this contract, including all elected and appointed officials who have any responsi- bility for the obtaining of and/or approval of this contract, as well as other officials who have influence or control over the administra- tion of the activities or performance funded under this contract, such as the project director, deputy director, or any persons having selection, hiring, placement, or supervisory responsibilities for the activities and performances funded under this contract. 3. For the purposes of this section, the term "staff position" means any employment or position funded under this contract. Page 15 of 20 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 nepotism (Article 5996a, TEX. REV. CIV. STAT. ANN.). C. Notwithstanding any other provision of this Section, the provisions of this Section shall not apply to the employment relationships between any subcontractor performing services under this contract, which employs ten (10) or less persons, and its employees. SECTION XXI. Non -Discrimination and Equal Employment Opportunity The Contractor agrees that it 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 §60-1.4), 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 Regula- tions "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, national 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 participant, 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. §2000d), as amended, which is incorporated herein by this reference as if fully rewritten, 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 excluded from participation in, be denied the benefits of, or be otherwise. subjected to discrimination under any program 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 covenants that no employee or applicant for employment will be discriminated against because of race, color, sex, religion, or national origin. Page 16 of 20 10* F. The Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. §201 through 219), as amended, which is incorporated 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, retirement 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 person 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. SECTION XXII. Affirmative Action for Handicapped (This. Section is applicable pursuant to 41 CFR §60-741 (1978), if the Department's maximum funding obligation under Subsection (D) of Section IV is $2,500.00 or more. The application of this section shall be governed by the regulations found at 41 CFR §60-741.) A. Contractor agrees that it shall comply with Section 503 of the Rehabili- tation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93-516, and the rules, regulations and orders relating thereto, which are incorporated herein by this reference as if fully rewritten, and covenants that it will take affirmative action to employ and advance in employment qualified handicapped individuals and will not discriminate in an employment situation against handicapped individuals if such individuals are capable of performing the work involved in the employment situation. B. The Contractor will include the provisions of this Section in every sub- contract or purchase order of $2,500.00 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 503 of the Rehabilitation Act of 1973, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct to enforce such provisions, including action for non-compliance. Page 17 of 20 SECTION XXIII. Affirmative Action for Disabled Veterans of the Vietnam Era (This section is applicable pursuant to 41 C.F.R. §60-250 (1977) only if the Department's maximum funding obligation under Subsection (d) of Section IV is $10,000.00 or more. The application of this Section shall be governed by the regulations found at 41 C.F.R. §60-250.) A. Contractor agrees that it shall comply with Section 402 of the'Vietnam Era Veterans Readjustment Assistance Act of 1974 and the rules, regula- tions and orders relating thereto which are incorporated herein by this reference as if fully rewritten, and covenants that it will take affirma- tive action to employ and advance in employment qualified veterans and disabled veterans of the Vietnam era and will not discriminate in an employment situation against mentally or physically handicapped or dis- abled veterans or against otherwise qualified Vietnam Era Veterans, if such individuals are capable of performing the work in the employment situation. B. The Contractor will include the provisions of this Section in every sub- contract or purchase order of $10,000.00 or more unless exempted by rules, regulations, or orders of the Secretary of the United States Department of Labor, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect:to any subcontract or purchase order as the Department may direct to enforce such provisions, including action for non-compliance. SECTION XXIV. Privacy Act The Contractor shall maintain no information about any individual in a manner which would violate any provisions of the Privacy Act of 1974, 5 U.S.C. 552a. Advanced notice will be given to the Department in the event Contractor anticipates that information will be retained in a "system of records" as defined by the Privacy Act at 5 U.S.C. 552a(a)(5). Notice must be sufficient to enable publica- tion 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). SECTION XXV. Oral and Written Agreements A. All oral and written agreements, relating to the subject matter of this contract and which were made prior to the date of commencement specified in Section II between the Contractor and the Department have been reduced to writing and are contained herein. B. The below enumerated and denominated attachments of the number of pages indicated are hereby made a part of this contract: 1. Attachment A - Weatherization Schedule (one page); 2. Attachment B - Standards for Weatherization Materials (one page); Page 18 of 20 SECYLON XXVI. Legal Authority The Contractor assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official 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 signing 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, perform- ances 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 con- tract. The Contractor is liable to the Department for any money it has received from the Department for performance of the provisions of this contract, if the Department has suspended or terminated this contract for reasons enumerated in this Section. SECTION XXVI. Travel Except as otherwise provided herein, the Department shall reimburse the Contractor for travel and per diem expenses at the rates established by law for the Department's employees in classified positions. At the Contractor's option, it may submit to the Department a "Local Travel Policy" for use in lieu of the Department's policy for travel and per diem. The Contractor's "Local Travel Policy" shall consist of a written statement delineating the rates which the Contractor shall use in computing travel and per diem expenses of its employees. The Department shall review any "Local Travel Policy" submitted by the Contractor and shall approve it only in the event that the Department deter- mines that such "Local Travel Policy" is reasonable and otherwise acceptable for the purposes of this contract. Upon approval, the Department shall reimburse the Contractor for travel and per diem expenses at rates which are in accordance with the Contractor's "Local Travel Policy." During the period, if any, subsequent to the commencement date of this contract, but before approval of the "Local Travel Policy" by the Department, the Department shall reimburse the Contractor for travel and per diem expenses at the rates estab- lished by law for the Department's employees in classified positions. The Contractor must have the prior written approval of the Department before it may use funds under this contract to pay for travel and per diem, except that travel within the State of Texas which is necessary for the performance of this Page 19 of 20 contract by Contractor shall not require pri.or Departmental approval. Payment for travel shall be made only for those staff personnel of the Contractor who incur travel costs in the performance of Contractor's obligations hereunder. Notwithstanding any other provisions of this Section, this Section is expressly made subject to the provisions of Section IV, Department Financial Obligations, and under no circumstances will Department's liabilities accrued hereunder for travel costs exceed Contractor's actual costs incurred for travel. WITNESS OUR HANDS EFFECTIVE THIS 1st DAY OF FEBRUARY 1981. Bi cAlister, Mayor City of Lubbock Community Services Department Approved and accepted on behalf of the Texas Department of Community Affairs. This contract is not effective unless signed by the Executive Director of the Department. REVIEWED: DIVISION DIRECTOR LEGAL DIVISION FISCAL DIVISION /�/Y1 �a.�ta�ca/ � f /,✓r Page 20 of 20 ATTACHMENT A WEATHERIZATION SCHEDULE In performing Weatherization activities under this contract, Contractor shall follow the following production schedule, and during each month of the contract period shall complete, at a minimum, the number of eligible dwelling units listed for that month: TOTAT. MONTH FEB MAR APR MAY JUN JUL AUG SEP OCT NOV .'DEC/ # UNITS 1 2 2 1 1 1 1 1 1 1 1 13 COMPLETED CITY OF LUBBOCK C9WNITY SERVICES DEPARTMENT • I. h . 4 ATTACHMENT B STANDARDS FOR WEATHERIZATION MATERIALS MATERIAL OR PRODUCT STANDARDS A. Insulation - Mineral Fiber: (1) Blanket/batt...................................Conformance to F.S. HH -1-521E and ASTM C665-70 (2) Board..........................................Conformance to F.S. HH -I -526C and ASTM C612-70 or C726-72 (3) Duct Material..................................Conformance to F.S. HH -I -558B (4) Loose fill.....................................Conformance to F.S. HH -1-1030A and ASTM C764-73 B. Insulation - Mineral Cellular: (1) Aggregate board................................Conformance to F.S. HH -I -529B (2) Cellular glass.................................Conformance to F.S. HH -I -551E and ASTM C552-73 (3) Perlite........................................Conformance to F.S. RH-I-574A and ASTM C549-73 (4) Vermiculite....................................Conformance to F.S. HR -I -585B and ASTM C516-67 C. Insulation - Organic Fiber: (1) Type I Cellulose - Classes 25 4 50... ........... Conformance to F.S. HH -I -515D and ASTM C739-73 (loose fill) (2) Cellulose - Class 250..........................Conformance to ASTM C739-73 (loose fill) and fire safety requirements (3) Vegetable......................................Conformance to F.S. HH -I -528B and fire safety requirements (4) Board and block................................Conformance to F.S. LLL -1-535A and ASTM C208-72 and fire safety requirements D. Insulation - Organic Cellular: (1) Polystyrene board..............................Conformance to F.S. HH -I -524B and ASTM C378-69 and fire safety requirements (2) Urethane board.................................Conformance to F.S. HH -I -530A and ASTM C591-69 and fire safety requirements (3) Flexible unicellular...........................Conformance to F.S. HH -1-573B and ASTM C534-70 anu tire safety requirements E. Insulation - Air Spares: Reflective.........................................Conformance to F.S. HH -I -1252A F. Storm Windows: (1) Aluminum frame.................................Equivalent to ANSI A134.3-1972 (2) Wood frame.....................................Conformance to Sec. 3 of NWMA Industry Standard I.S 2-73 (3) Rigid vinyl frame..............................Conformance to NBS Product Standard PS26-70 and performance guarantee (4) Frameless plastic glazing ......................Required minimum thickness, 6 mil (0.006 in.) G. Storm Doors: (1) Aluminum.......................................Equivalent to ANSI A134.4-1972 (2) Wood: (a) Pine.......................................Conformance to Sec. 3 of NWMA I.S.5-73 (b) Fir, hemlock, spruce.......................Conformance to Sec. 3 of FHDA/5-75 (c) Hardwood veneered..........................Conformance to Sec. E of NWMA I.S.1-73 (3) Rigid vinyl....................................Conformance to NBS Product Standard PS26-70 and performance guarantee H. Caulks and sealants................................Commercial availability I. .Weatherstripping...................................Commercial availability J. Vapor barriers.....................................Commercial availability K. Clock thermostats..................................Commercial availability L. Skirting...........................................Commercial availability M. Items to improve attic ventilation .................Commercial availability N. Materials used as a patch to reduce infiltration through the building envelope......................Commercial availability 0. Water Flow Controllers.............................Commercial availability, but not to exceed $5.00 P. Replacement Oil Burners ............................UL 296/ANSI z 96.2 - 1974 'Oil Burners" and ANSI 2 91.2 - 1976, entitled "Performance Requirements for Automatic Pressure Oil Burners of the Mechanical -Draft Type"