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HomeMy WebLinkAboutResolution - 684 - Amendment#4 To Contract - TDCA - Weatherization Assistance Program - 01/08/1981a i AA:pc RESOLUTION #684 - 1/8/81 TDCk #1920681 RESOLUTION j 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 an Amendment Number 4 to Contract for Weatherization Assistance for Low -Income Persons, a copy of which is 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 8th day of January , 1981. t BIL KcALISTER., MAYOR ATTEST: Evelyn Ga€fga; City Secfe°y-Treasurer APPROVED AS TO CONTENT: Peter Nuckolls, Acting Community Services Supervisor APPROVED AS TO FORM: tea, Angela Adamg', Assistant City Attorney STATE OF TEXAS COUNTY OF TRAVIS SECTION I. RESOLUTION i.U4 -I l 8 k TDCA 011 d0 q 0 6 AMENDMENT NUMBER 4 TO CONTRACT FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF LUBBOCK COMMUNITY SERVICES DEPARTMENT The Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and Cit of Lubbock Commmuni�t _ Services Department hereinafter —as "Contractor r o hereby agree and contract to amen their original contract as initially executed by the Executive Director of the Department effective September_ 1, 1979 for the operation of a Weatherization Assistance for Low -Income Persons project during the period of September 1, 1979 to December 31, 1979. The total of all payments and other obligations incurred by the Department as given in Section IV of such contract was not to exceed EIGHTEEN THOUSAND FIVE HUNDRED SEVENTY DOLLARS AND N0/100 DOLLARS ($_18,570.00) SECTION II. The parties hereto agree to amend Section II, Page l of 18, of the contract identified above in Section I, to read as follows: SECTION II. CONTRACT PERIOD All services to be performed by Contractor shall commence September 1,.1979 and shall terminate January 31, 1981, such period referred to herein as "contract period," un- less expressly provided otherwise herein. SECTION III. The parties hereto agree to amend Section III(A), Page 1 of 18, of the con- tract identified above in Section I, to read as follows: SECTION III. CONTRACTOR PERFORMANCE A. PURPOSE Funds received pursuant to this contract shall be used for the development and implementation of a weather- ization 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 per- sons, in order both to aid those persons least able to afford higher energy costs and to conserve needed energy. From the beginning of this contract through February 29, 1980, Contractor shall weatherize a minimum of 39 dwelling units. From March 1, 1980, through January 31, 1931, Contractor shall weatherize a minimum of 4b dwelling units. Page 1 of 5 SECTION IV. The parties hereto agree to amend Section III(E)(4)(b), Page 6 of 18, of the contract identified above in Section I, to read as follows: (b) Of the amount provided for costs of materials in paragraph (a) of this Section III.E.4, above, Contractor may expend from the beginning of this contract through December 31, 1980 an amount not to exceed One Hundred Dollars ($100.00) and from January 1, 1981 through January 31, 1981 an amount not to exceed One Hundred Fifty and No/100 Dollars ($150.00) for any dwelling unit for the cost of incidental repairs, including repair materials and repairs to the heating source, necessary to make the ingtallation of weatherization materials effective; SECTION V. The parties hereto agree to amend Section III (G)(2), Page 8 of 18 of the contract identified above in Section I, to read as follows: 2. Contractor shall apply such approaches to weatherization as Department may specify; compliance with this requirement shall be assessed in part on the basis of the documentation Contractor is required to keep or submit in Section III(I) of this contract. For the purpose of maximizing the utilization of funds pursuant to this contract, weatherization materials are to be purchased for use only during the period of this contract. Contractor shall make an inventory of all materials remaining on hand on February 29, 1980 and shall report the value of such materials to Department by May 30, 1980. Contractor shall use such remaining materials during the period of this contract from March 1, 1980 to January 31, 1981. 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 by February 10, 1981. SECTION VI. The parties hereto agree to amend Section I11(I)(3), Page 9 of 18, of the contract identified above in Section I, to read.as follows: 3. The Contractor shall submit to Department on a monthly basis during the contract period an original and four (4) copies of the Low -Income Weatherization Report (EIA -29A), Financial Status Report (SF -269), and the State of Texas Purchase Voucher for the period through December 31, 1980. The Weatherization Assistance Progress/Expenditure Report One (TDCA WAPER OPE), the Weatherization Assistance Progress/ Expenditure Report Two (TDCA WAPER TWO), the Low -Income Weatherization Report and a State of Texas Purchase Voucher shall be submitted for the month of January, 1981. Such reports shall be postmarked on or before the 10th day of month following the.calendar month in whit-- hh the weatherization activities and expenditures reported occurred. In addition, Contractor shall submit to Department within sixty (60) days following the termination of this contract a final report, to be completed on a Low -Intone Weatherization Report form and a Weatherization Assistance Progress/Expenditure Report One form, covering_all weatherization activities and expenditures by Contractor during the contract period. Page 2 of 5 SECTION VII. The parties hereto agree to amend Section IV(A)(2), Page 10 of 18, of the contract identified above in Section I, to read as follows: 2. Upon full and satisfactory completion of Contractor's performance hereunder, including Contractor's weatherization of the minimum number of dwelling units specified in Section IIIA) of this contract, title to all tools and weatherization equipment purchased by Contractor in accordance with Section III(E) of this contract shall vest in Contractor. SECTION VIII. The parties hereto -agree to amend Section IV(B)(2), Page 10 of 18, of the contract identified above in Section I, to read as follows: 2. The Contractor shall submit a State of Texas Purchase Voucher and the reports provided for in Section III(I)(3) of this contract to Department, so that such voucher and reports are postmarked on or before 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 Departmental liabilities accrued as specified in Subsection A of this Section, but unpaid hereunder. SECTION IX. The parties hereto agree to amend Section IV(D), Page 12 of 18, of the contract identified above in Section I, to read as follows: IV.D. MAXIMUM DEPARTMENT LIABILITY 1. Notwithstanding any other provision of this contract, Department shall not be liable hereunder to Contractor in a cumulative amount greater than: .a, TWENTY -FOUR -THOUSAND FIVE HUNDRED SEVENTY DOLLARS ANU NU/10 DOLLARS ( 570,00) or all services per orme under this contract from September 1, 1979 to February 29, 1980; and b. FORTY-SIX THOUSAND NINE HUNDRED FIFTY DOLLARS AND NO 100 DOLLARS 546,950.00) or all services performed under this contract from March 1, 1980 to January 31, 1981. 2. Under no circumstances shall the aggregate liability of the Department exceed SEVENTY-ONE THOUSAND FIVE HUNDRED TWENTY DOLLARS AND NO/100 DOLLARS S71 520.00 Page 3 of 5 SECTION X. The parties hereto agree to amend Section XVIII, Page 17 of 18, of the contract identified above in Section I, to add Section XVIII, G, as follows: G. Notwithstanding the provisions of this Section XVIII, any subcontract approved by Department prior to December 31, 1980, in accordance with Subsection A of this Section may be extended and the amount of funds obligated by Contractor thereunder may be increased by Contractor through January 31, 1981, without the requirement that Contractor obtain Department's prior written approval of such extension and increase. SECTION XI. The parties hereto agree to amend Section VI, page 12 of 18, of the contract identified above in Section I, to read as follows: A. The Contractor shall furnish Department with three (3) copies of two audit reports, each audit conducted by an independent certified public accountant, with one audit covering funds awarded under Section IV(1)(a) of this contract for the - period covering the beginning of this contract through February 29, 1980, and due to Department no later than August 31, 1980, and the other audit covering funds awarded under Section IV(D)(1)(b) of this contract for the period covering March 1, 1980, through January 31, 1981, and due to Department within 90 calendar days of termination of this contract. The audit shall be made in accordance with generally accepted auditing standards published by the General Accounting Office, "Standards for Audit of Governmental Organizations, Programs, Activities and Functions", and Department of Energy Audit Requirements. B. Nothwithstanding any other provisions of this contract, including, 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, purpose 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 January 31, 1981. SECTION XII. The parties hereto agree that this amendment shall become effective on the 31st day of December 1980. Page 4 of 5 The parties hereto contract and agree that all the terms of the above named contract and all amendments thereto executed prior to the effective date of this amendment shall remain in effect and shall continue to govern except to the extent that they conflict with this amendment. Nothing in this amendment shall be cons- trued as authorizing a violation of federal, state or local laws or regulations as they pertain to such contract identified above in Section I. By the signing of this amendment, the parties expressly understand and agree that this amendment is hereby made a part of the contract identified above in Section I as though it were set forth word for word therein. WITNESS OUR HAND EFFECTIVE THIS THIRTY-FIRST DAY OF DECEMBER, 1980. *,!, , W16 .. Vw. em.AA Bill McAlister, Mayor City of Lubbock Community Services Department Approved and accepted on behalf of the Texas Department of Community Affairs. ID WIESER, Executive Director Texas Department of Community Affairs This contract is not effective until signed by the Texas Department of Community Affairs Executive Director or his authorized designee. REVIEWED: 0DR_=1 0 N D R +Iq - LEGA DIVISION %7%.7%%'�,�cCL FISCAL DIVISION O Page 5 of _5..