Ordinance No. 3,60630428 -1
ORDINANCE NO. 3606
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
THE TEXAS DEPARTMENT OF HUMAN RESOURCES FOR WEATHERI-
ZATION ASSISTANCE FOR LOW INCOME PERSONS; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby
approves a Contract with the Texas Department of Human Resources for weatheri-
nation assistance for low income persons, and authorizes the Mayor and City Clerk
of the City of Baytown to execute and attest to said Agreement. A copy of said
Agreement is attached hereto, marked Exhibit "A ", and made a part hereof for all
intents and purposes.
Section 2: That this Ordinance shall take effect from and after its passage.
INTRODUCED, READ and PASSED, by the affirmative vote of the City
Council of the City of Baytown, on this the 28th day of April, 1983.
ALLEN CANNON, Mayor
ATTEST:
1
EILEEN P. HALL, City Clerk
■��-s s
+ ♦ . ■ S TR 1 ��
30428 -1a
TEXAS DEPARTMENT OF hUMAN RESOURCES
CONTRACT FOR
WEATHERIZATION ASSISTANCE FOR LOW INCWME PERSONS
STATE OF TEXAS
COUNTY OF TRAVIS
SECTION I.
1982
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 Baytown
hereinafter re-
erred '-j 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
May 1, 1983 and shall terminate ,dune 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 Dopartrr)ent weatherization hand-
book.
C.
30428 -1b
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 I'.udget Circular A -102, 34 CFR
256, entitled "Uniform Administrative Requirements for
Grants -in -Aid to State and Local Govornmentn''
3. Office of Management and budget Circular A -122, entitled
"Cost Principles for iron - profit Organizations" (45 Fed.
Reg. 461022- 45034, Tuesday, July ^o, 1980) ;
4. such procedures applicabla 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;
5. 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
6. all applicable laws, ordinances, codes, and regulations
of local, state, and federal governments.
D. Contractor shall weatherize a minimum of a eligible
dwelling units, excluding low cost /no cost Section VI C20,
under this contract. An eligAle dwelling unit is a house,
including a stationary mobile home in which the household's:
1. income is at or below 1244 of the poverty level
determined in accordance with criteria establishe6 by
the Director of the Office of Managen nt and Budget;
Or
2. contains a member who has rE cawed cash assistance
payments under Title IV (Aid to Families with Dependent
Children -- AFDC) of the Social Security Act or applicable
Stato or local law paid during the 12-month period pre-
ceding the determination ni eta i oibility for weatheriza-
tion assistance.
E. Contractor shall conform to the revised hatrotech procedures
Developed for the State of Tavnj according to the type of
dwelling unit structure and Gistric:t heating factor. Refer
to the Weatherization Handbook for specific instruction con-
cerning actual completion of the revised Retrotech form, now
rep orred to as the Retrotech Bui Ding Weatherization Report.
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SECTION IV. Department Vinancin1�Obli- Vlation
A. MEN. WRE 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 YIV uf. this contract;
2. Notwithstanding any othof provision of this Section,
it is understood and agreed by tne parties hereto that
the Department's obligations under this contract are
contingent upon actual receipt of adequate funds from
the United Stater Department of Energy to meet putative
liabilities udder this subsection, and if Department
does not receive adequate funds from the United States
Department of Energy, Dop rtment will not be regally
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 ar y amounts for any
costs incurred In any program cost categories in excess
of those allowed under the provisions of SECTION VI,
Allowable Expenditure =s;
Department shall not be Iii 5 e for aKy costs incurred
• or performances rendered by Contractor in the perfor-
mance cw this contract :which have not been billed to
Department within: n MLY (90) days following the ter -
mination of this contract;
5. Department shall not be liabin to Contractor for costs
incurred or performances rendered by Contractor before
the commencement of this contract or after trio termi-
nation of this contract; a nc1
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6. Department shall not he liab o no CantrLctor 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 proviQed 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 are amount
equal to Departmental.li bilities 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 ezprossly 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 un "ers tood and agreed by the
parties hereto that Connrac 3r's performance upon which
final payment is coed ticnan shall include, but nct be
limited to the followinq:
a. Contractor's complete and .=atisfoc.tory performance
of its obligations for which finui payment is sought;
b. Timely submission to the Department of the final
close-out or expendilurn report required under this
contract; anc!
C. Timely submission of he at _ L f_ port required under
this contract.
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30428 -1e
Prior to Contractor's perfOr'uuncO of t'r.c ab0" listed
obligations, the Departm nL onY, at its sold option and
in its sole discretion, withhold the final payment, in
whole or in part, until such t fan as Department has
determined from such final report and /or audit the
final amount owing under this contract. Within thirty
(30) clays following the deterAhAtion 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 fin"I amount owing to Contractor
under this contract.
4. It is expressly understood and agreed by the parties
hereto that any right or remold, ; rovic:ed for in this
Subsection B or any other proIisio" of this contract
shall not preclude the exercise of any other right or
remedy under this contract os under any provisions of
law, nor shall any action taken in the exercise of any
right; or remedy be doomed a w:civar of any other rights
or remedies. Failure to exQrK r n any right or remedy
hereunder shall not constitut_o a waiv(.r of the rlyht
to exerciser that or any other i i qnt 0-'- "Ody at any
time.
C. EXCESS I' - 'M.1ENTS
Contractor shall be liable to oc pat. c.Wnt !"E any amount
paid under `subsection B of thin SECTION I`J` for which >7apart-
ment determines that it was not l i"M O tO COntra"r under
this contras t. Won tarminat - inn W UK "j vynct and
the event Department has made paynwnL_, to COnt_ract_ur
excess of Department' n liability hufwwndey as hwasur06 in
accordance with this SECTION TV, Contractor U ill- promptly
rep ,y to Department the Mount A such e:_annn Payir;n"n'
D. )`IAXIMUAI )1:P�R`.i':11; IT I,IABIILI`lY
Notwithstanding any other proviyi0n � Of t' js contract,
Department shall not be liable hwraun6er to Contractor in
a ctkmulative amount greater their, Fifteen thousa — ) .
eight hundred and no 100 dollars �' 15,500.00
SECTION V. Area Servo,,
A. The Contractor- shalt conduct •f;°w•-:i hari zatic,n activi.tie�;
pursuant to this contract in "0", +s {. the hollowing counties
of Texas orrl : Harris Countyt_ Bly cvn area___W______�
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30428- -1f
B. o cept as provided in ` vh s"A this i ShCTION V, the
Contractor shall make weaLharin"Kion ansis tance under this
contract available to eligible hou_ohol s; in all areas of
each county specified in 'Subsection A of this SECTION V.
Contractor shall ensure through rcusonabie outreach efforts
that residents of eligible households throughout Contractor's
service area are mane aware of saiC program and are provided
by Contractor with an adequate cpp3rtunity to apply, without
undue hardship to the residentn of eligible households, for
such weatherization .assistance.
C. Except as provided in Subsection D of thin SECTION V, the
Contractor shall to he maxi:rak e :tent feasible provide
assistance to eligible househoWn in each county of Con-
tractor's tractor's service area or each gcographic area of the
county if Contractor serves orn l one county) . If at any
time during the contract pericd Lhe Department determines
that Contractor's wearheri ation activities have been pro-
vided disproportionately to ono cr more geographical areas
in Contractor's service area, t5a Contractor shall at Depart-
ment's request provide to Mp: rt.mr lit the reasons justifying
the provision of services in such manner and an explanation
of steps which have been or will to taken by the Contractor
to ensure a more equitable gc ographical distribution of
weather_ization assistance in its service area.
D. Contractor shall not limit •:eat arization activities to any
special weatherization assistance impact area within a county
or counties of Contractor'q 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 V1. Allowable Ex en<iKurc :;
A. Contractor may use not more than five percent (5 %) of all
funds allocated hereunder for administrative expenses, in-
cluding any labor costs Wher than Wor costs allowable
under Subsection C. ! W (e) and ( -L } of this SECTION VI) , travel
costs (limited to the rates a tnt l ishe_d by law for the Depart -
ment employees in c assi f i c i positions), aulit fees, Office
space, equipment and supplies which are necessary and rea-
sonable for administration of . ..c;c:yam performances under
this contract. For the puipcscn,of zhi s Suh: ection, labor
cc is eligible to be included an aliC;\s'able administrative
expenses An!! s'pecificaii ';c:uda n „pia ieE, wageL, and
fringe benefits of Con tractor's a-ministrative stuff per-
sonnel.
B. The cost of liability insurana , not to excoe& E ,'1L Hundred
Dollars ($200) , c0veyiAq _ cr_:OZOI l;ljur1' end Pr_operty C:amage
resulting from we;t erizat= ion _ r nct acriv.ioies u'n6er this
contract is an allowable 0XP Pd LU?_ .
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30428 -1g
C, Subject to the followin t,=rmr "Q6 limi.tatiOns, Contractor
may expend funds hcrnandcr ; CJr the poylilent Of actual cots
for administration expcnsos, proyr.. w support and for weather -
ization materials, not to execod a maximum of $1000 for any
dwelling unit weather izK:
1.
No expenditures by Contractor UK! be allowable if
made to:
a. weatherize .a dyollinq Ikit which has hean weatherized
previously with fnnKs authorized under the Act unless
such Welling uAit has hPon Kamaged by fire, flood,
or act of God and rcpQ i.r of the damage to Yeatheri --
zation materials is not paid ior by insurance; and
b. weatherize a dwelling Ani which is designated for
acquisition or clearancw by a Federal, State., or
local program within tnalve moths from the date
weatherizatlon of the Aweiiing unit would be scheduled
to be compl e tc d .
2. Contractor may make for the cost of purchase
and delivery of weatherizat. ion materials to Contractor
provided that such axpenditures shall not be less than
60% for the contract as c wjole.
a. Weatherization materials are:
(1) caulking and weatharstrippiny of doors and
windows;
(2) furnace efficiency modification limited to ---
(a) replacement burners designed to substan-
tially increase the onergy efficiency or
the heating system,
(b) devices for modifying floes openings which
will increase the energy efficiency of the
heating sys ton, and
(c) electrical or mechanical furnace ignition
systems which roplace standing ryas pilot
lights;
,3} clod thermostat.=;
(4) ceding, attic, w "d . , = i.oa , and duct insula-
tion;
(5) water heater ater in: u] V wn;
(6) storm windows and do"r_;, muitiglazea windows
and doors, or heat - reflective
window and door. Manerials; and
(7) the following insulating or energy conserving
devices or technologies --
(a) skirtirg,
(b) items rte .mprov attic Zrcnt~ilati0"',
(c) vapor barriers,
(d) materials il2en as i! patch to reduce infil-
tration thrc igh the buiic inu envelope, and
(e) water flow controllers.
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30428-1h
MOM as provided in LnIN 7oazracn, only weather-
ization materials which me,. t: or exceed standards
set forth in Attachmcn! A of this contract shall
be purchased with fund_; Pruvijed hereunder.
b. For the purpose of ma,j,j,j,, the utilization of
funds received pursuavv to Ms contract, the Con-
tractor shall purchase only ► , amount of weather-
ization materials which COPLractor estimates to be
reasonably necessory t;, accomPlish the weatherization
activities hereunGer n"rinq the period of this con-
tract.
C. UP to Fifty Dullars (530 "or home may he expended for
items defined as low cqsll'
frequently instajJ06 ..l' ti Cost. These items are
tnO �Omnowner and, as such,
no labor cost can to ch"rnwL to the weather
'PrOMM for their Install atiON. Low cost/no cost
axpenditures must not excoa& IOV of
at the contractor's
location. Such items "re an follows:
a. Water flow controllers
b. Weathers tripping
C. Caulking
d. Glass patching
e. Insulation for Plugging holes
3. Contractor may Make expenditures for the cost of program
Support and labor, provided tAat such expenditures shall
not exceed an avorags of 35 of
made for any, &welling weath..j.,thO total expenditures
include: j. Such costs may only
0! weat4oriiation matorials, tools,
an& work crews to a storage site and to
the sirO of weatherization work;
maintenaFce, operation, n� nyurance of VenlCM-s
used tc transport
C. maintenance of tool,
d. purchas� oy vnn,,�
Z of
And annual leas "15 WnC equipment,
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30428-li
U. employment of on-�nv crvisory personnel;
f. labor costs which may unn"int OE (1) costs of sup-
plemental wages, an pnr ined by the Department of
Labor, paid to training parUcipants- and public
service employment worknrn pursuant to CETA, and
(2) costs of employing inhor (particularly persons
eligible for training uEdnr CETA) or engaging a
subcontractor in aecoVanco with SECTION HIV of this
contract (particularly � non-urofit organization or
a business owned by disadvantaged individuals which
performs weatherizatioA sarvices) to install weather-
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.__
izatlon materiilii. I-0ion omploying suc abor or en-
gaging such suhcontractan Contractor shall make a
written determinatinn nhaL an adequate number of
volunteers and tr. nini p,cLicipanns and public ser-
vice employment worhors, n5sisted pursuant to CETA,
are not available to woarhcrize dwellinq units for
Contractor under tho soporvision of qualifiea super-
visors; and
g. storage of weatherization waturials.
D. Contractor may expend nn Wount nOt to exceed One Hundred
Fifty Dollars ($150) for any dwelling unit for the coot of
incidental repairs. Amounts expLndeh on such repairs shall
be considered a part of, and net in addition to, the maxi-
mum allowable expenditure per Wolling Lnit spccified in
Subsection C of this Section. RaNaly costs shall consist
of repair materials and rope; r:: to the hQatinq source neces-
sary to make the installation u! weatherization materials
effective. "Repair materials" means items necessary for
the effective performance or preseivation of weatherination
materials. Repair materials include, but are not limited
to, lumber ased to frame or repair windows and doors which
could not otherwise be caulkoS or weatherstri?pod; roofing
materia-s used as a patch to repoir water leaks which would
damage insulation installed under this program; repairs to
heating or cooling source ( i nAKing labor) ; protective
materials such as paint, to saal materiais installed under
this proqram; and the pal rry r-qui cod to vent anvonted space
heaters.
To the &.,.tcnt the contractor What -I
secure the sarvicas of volvl ecrq, training participants
and public service OnAoYmcnu wcyhOys PurvuOnt tO CET A,
to work tinrier the suj�rvjsjnn o� juaiMQd gupervisors and
foremen.
F, To the maximum extono pjvCAc!k1", Unntractor _shy:_ 1 Utilize
funds herounder fnr tho pur;- ,wa ot •eatherization materials.
Contractor, at its disciwinn, way wqe for the purchase and
delivery of weatherization ma!prials any or all of the funds
permitted as expendit"ros io: nyLnjsjrn0vn expennes or pro-
gram support.
30428 -1j
SECTION VII.
A. The Contractor shall 'rieup wach rocords as Department Shall
specify, including records 'voich fully disclose the amount
and disposition by contract car: Ar_: funds raceived and the
total cost of a weathC'rizauir, roject for which such as-
sistance was given or useQ, AV source and amount of funds
for such project or program nm supplied by Department,
and such other records as Department deems necessary for
an effective: audit and perfa. mance evaluation. Such record -
keeping shall be in accordancw with OMB Circular A -102, the
requirements of 10 CPR Parr 03, and any further requirements
of this regulation or which Dun nay otherwise e:staLlish under
the terms and conditions of tho Irant to Department.
B. The Contractor shall submit _.v Vapartmant on a monthly basis
during the contract porioa an original and four (4) copies
of the ,a <eatherization Assl stance Progress /Expenditure Report
ONE (WAPER ONE) and an original and four (4) copies of the
WAPER REPORT TWO. Such roport.3 shall be Postmarked no later
than the 10th day of the month following the calendar month
in which the weatheri4ztion activities and expenditures re-
ported occurred. In addition, Contractor shall submit to
Department within si_ {.y (60) ctnVn fol l6wing the termination
of this contract an original and tour (4) copies of a final
report, to he completod on a WAPT k ONE form., covering all
weathcrization activities and o_ pand.itures by Contractor
during the contract period.
C. The Contractor shall keep such records as Department shall
specify, inc.ludino fccords 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 Utter such records as the Department
deems necessary for an effaaLive audit and performance eval-
uation. Refer to nee Weatherization Handbook for specific
instructions concerning actual record keeping and reports.
Records shall be kept for up to a period of three (3) years
tollowinq termination of cant ro t.
D. Contractor shall IilakQ a .iep:iraLe and if°nmiri'zed inventory of
a l materials and ''�' -�ti;aC L...'Zti� .... too'_._• remaining on hand at
the end of the con'or n p r i` d, ani nhall report tho value of
such materials and loo s no ,lap ._A 1=: ont within thirty (30) days
following the termination of A s contract. The ! C' Lrtment
will subscquentl; noti_v the cGotractur as to instructions
for disposition of inventory.
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3042$ -lk
`-;]:C'. ON VIII. Department Monitor.:
The Cons ractor shall_ give the t;epa tmunt_ and WE through their
authori .`d representative, access to, the right to examine,
and the right to photocopy any or all pertinent records, files,
books, or otner written ma n erials r "Iating to this contract and
maintained by the Contractor or any >urson or any other entity
with whoa any portion of the p erfarr:ance hereunder has been sub-.
contracted. The Contractor shall c;lva the Department and DOE
the right at all reasonabl_c 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 optinn, mny conduct are audit covering
the funds awarded under this c nnt.rnct for the contract period.
B. The Contractor shall furnish thn DC"pi!] "invent with an audit
report covering the funds awardej under this contract for the
contract_ period. Such 1L'dit. nhd .' l Ka cone uct nd Ly an inde-
pendent certified pudic accou"tant and shall be delivered
to zhe Department wi tain ninety ( `j 0) calendar days following
the termination of this contrano. The auVi_t shall be made in
accordance with generally c ?ccL,rJW n'uditiPg standards in--
cl_udinq the standards t"ubi.is;`eZ jy the General Accounting
Office, "Standards for Audit [:): 0overnrllE ".Zial Organizations,
Programs, Activities, and Functions, and DOE: requirements.
C. Notwithstanding any other provisions of this contract, .in-
cluding but not limited to, MY Provision, of this contract
concerning termination, the obl.ic;ations of the Contractor
pursuant to Lhis Section only _ hnil continue in force and
in effect until such time as Contractor has completed any
auditing undertaken pursuant to this Section. Department
`ay t ne purposes of SECTION IV (A)
and Ccntract�.�r agr���� t�:�st fay `.
of this contract, Contractor's actual. cos _s incurrrd in the
satisfactory parformanca of thin Suction only shall be con -
sidered to to incurred prior to the endinq date of the con-
tract.
SECTION X. Inateper.jent L°ontrut -._on
It is expressly understooR and "g: "Qd W botK parties hereto
ghat Department is contracting w N C': nnractor as an i.ndepencent
contractor, and the Contractor as such agrees to hold the Depart-
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30428-11
meat harmless and in"emniny Li fc", ,n "4ninKL any and all
claims, demands, and caujus of n 1 o PC eve kind and character
which may be asserted by any third pnrty occurring or in any
way incident to, arisinn out of In 7onnuction with, the
services to be yerforme& i.y Co=nutay under this contract.
This provision does not nyplv to t nin arisinq from any acts,
negligent or intentional, of oLoAsynQn of tKe Department.
SECTION X1. Assistance to Native rmcricans
Weatherization assistance providnA undcr this contract shall be
made available and prov!W6 to laN incumn wan,bers of an Indian
tribe, if any, in Contractor's arc" served an the same basis
as such assistance is made avail"KIn and provided to other eli-
gible persons.
SECTION XII. Priority to Elderly tnd Hzunc.jcapped
A. Contractor shall give nrioritv to iaentifying and providing
weatherization as3iEtance to low income elderly persons who
are 60 years of age or oldcr, ana to low income handicapped
persons.
Mandicanned werson" moans an individual (1) who is handi-
capped individual as Safined in Scuinn 7(6) of the Rehabi-
litation Act of 1973i (2) who i- under a disability as de-
fined in Secuion IG11(a)(3)(A) or 233(d)(1) of the Social
Security Lct or in Section 102(7) of the Developmental Dis-
Lbilities Services and Facili.ion Construction Act, or
(3) who is rcceivina benefit n unaar Chapter 11 or 15 of
Title 39, United Status Code.
SECTION X111. 1,,-me n d me n ts
A. A-y alterations or additions co, of deletions from, the
terms of this contract that ;c r aired by changos in
Federal laws or Federal rvyulnvions pronulgated pursuant
thereto are automatically jrco -noraLea '_-nro this contract
without written aneAlwant harann -_Q nhLil go into effect
on the date desinnatod AV LhP an- w- requiation.
B. 1E the Contractor cannot WnMl tO zho chanqwn required
by federal !"no, or faderaL fr -n!"tionn pronsigated pursuant
thereto, the Contractor gh"?] n-tifv chn Dopartnent in
writinq "o int"r A— the pi y v. nnt" o uah law or
regulations to which it can. _ o conform. The Department
shall then establi5h Phn an.hA-ids for the termination of
the Contractor' q proorar "NL nholl terrin ate the contract
as soon vs oracKnob!".
30428-lm
C, YXCCPt LS PrMIGOU 01A Whoru conkrunk &V 'Wra-
tion or addition to or d0lPtiM ho terms V this con-
tract shall be bV amenament j" wz�Kwj and exucutec av both
parties Serf, o.
SECTION XIV. K
A. in no event shall any prcvisiOn W CC contract Le construea
as relieving C ntr actor of the rPZqonsibility for ensuring
that the performancOs a•d"rno are renderod so as to COMPlY
with all terms an& provisiann "T thi7 contract. Depirtment
maintains thu right to insist w�nn contractor's full Com-
pliance with the ternis of thig Mntflct, and by the act of
annroval under this section, :)c".:YrPnt does non waive any
which nay subsequently
right of action which mav eXi"L or
accrue to Department undor thil contract.
B. Contractor will ensurn that lt: subconuractors, if any, do
not contract for any per form an�, or partial performance of
any activity or service Provia" ny to he provided through
this contract, payment for wnich:
�
1. has been paid to nuhoontrAgLor or is ub4ect to payment
to subcontractor; or
2. has been reimbursaA ra :;jhnortractor or is subject to
reimbursement to subcannantur,
by any source other than Contr"ctor or subcontractor.
C. The Contractor agrees that in "" subcontracts it executes
for performances hereunjer the cOntractual relationship
shall he governed by the principles stated in the "Conflict
of interest" and Mopotisy" provioed herein and Khat all
subcontracts. shall ccntraCrvajjy binj Contractor and its
subcontractors (excePt qWcOnt""rs with ten (10) or less
empjoycas) to abide by such principles.
SECTION XV. Termination
Either of the parties heretc shnil A,�, the right, in suctl
Party's sole dizcretion and at 4"ch Partv's sole OP "on, to
al r'ianc(2s to
ir,.Lmediatelv to l "at'- Lln�: Irri.11(; Cnc: , 1A
be renderel unker this conuract 2v qqtifyin-, the othor par V,,
hereto in writinq of such torminwilon. Shrula neither yarty
_�_ this cnntract, this contract
exercise its right to terain""" ." -
shall terninate in accordance with ruvjsian.,, of SECTION !I
and SECTION XI V.
SECTION XVI. Politiral
None of thc! b i
all involve, and
no portion o - f the funds rac j,,, Contynctoi: hurannQur
RIM W1.01 5 1 M9
shall be used for, any partiwal, activity jincluding
but not limite6 to, an activit7 v . ;,. Lher the election or de-
feat of any candidate for puhlip orfica) or any activity under-
taken to influence the passaqa, &O pit of final content of
legislation.
SECTION XVII. Maintenance of h fort and Coordination of
esourco.-,
A. The Contractor agrous that Lno YuLds � nd resources provided
the Contractor under the wr;, of this contract will be
used sole1v for exr=uituL... !;. nnt for the performance
required of Contractor herounani and that such funds and
resources provided harouYaoi zKnij ba used to supplement,
and not sunplant, Sthte or jGaaj funds, and, to the maxi-
mum exLcnt practicahle (an j0LnZWLnW by DOE) to increase
the amounts of these funds that wavid he made available
K the absence of Federal funds orovidod hereunder.
13. To thO. maximum extant prnctic"]", the USC of wenthorization
assistance shall be coordinntad with onher Federal, State,
local or privately fundo! pcoqjawn in order to improve
thermal efficiency and to con"arve energv.
SECTION XVIII. Conflict of jnturesL
A. '21-,- Contractor covenants that neithej it nor any eoployee
or member of its governing holy prasontly has any interest
or shall acquire any interest, hirecL or indirect, which
would conflict in any manner or dogren with the performance
of services requirM to he performed under this contract.
The Contractor further covenants what in the performance
of this contract no person havinq such interest shal! be
employed or appointed as J wOnhor of its governing body.
B. '10 Contractor shall estanjjgK anj on fore` sRfeguatLs to
Prevent mev ers of izP yovgrninq Mdy or its staff members,
su"OntracuOrs Or OP. - ;iQcnn fyo" u3i nq their positions for
a purpose that is or gives oppnarnnce Of being motivated
by desire for privatu gain � Anuselvoy, or orhurE, par-
ticularly those witA which th,v Anve a family, business or
other ties. I
C. No officer, namler, or unolcoi'i " 12. ":tynnt "I caqtractor
and no morher of znoir qovarn,., n,Vj,,, and no other Dub-
lic official of the -overninc R0, ,f the State Or YOCIlity
or local iti2s in which chq c�=nn&c in heinq carried out
who exercises any functions n- '05ponsibilities in the
review or approval of the un,( �ij--:nq or carryinq out of
this contract s4all J) P- rticip"Uw in any decision relating
30428-10
to this contrict which aff"Ln h"K "'rswn"' "C�Y"Vt of the
interest of any corporation, yortnorship, or association
in which he Mn a Mrjct or in"AQn! intorest; or (2) have
any interest, direct or indirect, Ir thin coLtract or the
proceeds therpof. N0tWUhntnpjjnn nha provivions of the
preceding sentence, dwellinq unity in which officers, members,
or epolnyoos of Liar. ConLrintor "r itq qovarninq body roside
and which are Vigible to recaive wwother!zation assistance
und,r this contract may he cay7if>& as &igible for and
rac ive such assistance, provjAwa Lnnt pfiar to the certi-
fication of yuck Welling un! for �IsivzancO, the appli-
cations for any such eliqibio dKollina units must be con-
sidered and approved by the Cnnt:-cVor' hoaM of Directors
during a regularly schedulad rcating, wi0h such approval to
be entered into the minutes of tho meeting.
SECTION XIX. Ne'not i sin
A. Neither the Contractor nor any W jus suhaontractGrs shall
hire any person in an administcativc CaPacitY Or stHff
nosition funded under this cnntyncL if a member Of suc.'
person's immediate family is ampioyo6 in an atministrative
capacity for the Contractor or any Of its subcontractors.
1. For the purposes of this SactinP, the term "member of
the immediate family" includes: wife, husband, son,
daughter, mother, fathorr, bratni, brothar-A-law,
sister, sister -in- laid, son-in-ljw, daughter-in-law,
mother-in-law, father-in-110, A", UnCTO, Korn,
nephew, stepparent, stcy-hUd, grandfather, grandmother,
grandson, anti granadaughtar.
2. For the purposes Of thds Sacn", the term "ndminiptra-
tive capacity" incluaes thozo yeLsons who have overall
adm.nisurative responsibility Eur the activities and
peyformances funded under Win cuntrvct, including all
elected and appointed officials who havE Dny responsibility
fox the obtaininq of and/or approval of this contract,
as well as other Micials "M havc influence or con-
trol ovar the adm iris trnniOn AZ she Lctivities ur ner-
formance funded under train 7ohtract, such as the project
director, deputy director, or Pny nersons having
selection, hiring, ylacercnn,'or suycrvisnry respon-
f,, h, nj ppyform ace s funded
under this contract.
3. For the purposes of Lhis bactlQn, the tury "st"If pOsi-
tion" Yeans nny onploymon- Or P"( ii." funaeo under
this contract.
- i 0-
30428-1p
The
c� x cr c i s e
i!,� author---y :in-c'
contr,,,ct in a
violatt_
aatin-_� to nepo-
(pr tic le 5996a, TFX.
ANN'.
C.
Notwd.thstJ,ndiny any uth,'�r. I,'
Suction, the
of this SectlOy',
to the em"-)loy-
provisions
bQt"';t,en
jT:c.nt -relat-ionships
��ervicos_ under this
t on (10 ) c r
less _t:, c- M.
SECT_1_0?`
_rlp o y
0p2or tun.-_ t
f.D', OW4 ng
The
Contract-or agrees
Eq
,,v.al
Emplovm�Ilt 00 'D 0 t ".�n i t. y
f
A.
lty
Thd ContriactOr S t.L
0,L ect-__on
112,16 (4 ce
requiremenLs
crr §60-1.4) and 1-11--y c)',:.hur
_Ivc a, Or
1.
rceding slich OrC.0-1-,
r) C 0 P orated '4-,erein
su,
this reference j.1 S 4 f I C! r'.
10 ol" the Code of
The Con shall
.traC4-or
7 Assisted
Federal
in Fe�3eralj_-.%:
in 10
g ra in.,; " (4 3 35"
Pro Fed. d . R 0 cl 5 3 6
1( 781 Lc. h(' 417-ca
-)40)), w
CF]? �.Ik which
by this reference
as if fully rew r i tk-1 c)
on
V` j "A 1 vhall
hand
on the cjround of raco, f,
- sex,
Cflgin,
in, be denied
or acre bf.� exC1',-'d0d
jrtjcjj-,�jtjcrj
CapI I 1__ _bjp'ct��e'
0 r] -lation under, or
be benefit-c; 01:,
denied eMP10YPIent, %,,here
is j purpose of the JDrogram
rye
Of activity is to V)rnvide
or �'Jnen th(---- celivery
o f _)rogram services a `'`c c
actol: E; oluploy-
rr" Con tr�
meet practices, in conect-i_')-
t- or actjvity
ance
for L Contra cfor hem Ln
C
Con_2:ac'_-or co'vonan t-
tj.s con7:r act
4- t1le C,-.)-rat_40n 31'
_:e, par-
'n a 0
-_-�roqram,
-->,2cause of
handic,a_
2�
is j 11 C: C! 17 _ 1-�C --)
- r, " - - 'd Suates
Written, ancl
a C; e-
L7
30428-lq
or be otherwise subJectot Ln ni��,nminvtjan under any pro-
gram or activity for which cho C0nLfL0Wr herein receives
financial assistance, and will jyj c-cji_Ltejy take any measures
necessary to effectuate this requirement.
E. The Contractor shall comely with Title VII of the Civil
Rights Act of 1964 (42 U.S.C. 42000(e)), as amended, and
Executive Orders 11246 and M75, which are incorporated
herein by this Toference as if fully rewritten, and cove--
nants that no employee or applicant for employment will he
discriminated again hecauoe cf race, color, sex, religion,
or national origin.
F. rrht: CGTItractor shall comply witn the LAUal Pay Act of 1963
'29 U.S.C. 5201 through 219)e as amended, which is incor-
porated herein by this reforonno an if fully rewritten,
and covenants that it will not practica wage diflerentiation
in employment based on sex.
G. The Contractor shall compjy wnn the Qn Discrimikation in
Employment Act (29 U.S.C. 5621 through 634), as amended,
and Fx0cutive order Y141, which "Yo incorporated herein by
this reference as if fully rawrition, and covenants that it
will not practice di3cr7.minarion againsn an employee or
applicant for employment on she b�sjs of age. The Contractor
shall not discriminate in unployment aquinst any person
because of his or her age or spoci& in solicitations or
advertisements a maximum age limit emcepr and unless it is
based upon a bona fide occupanicn&I qualification, retire-
ment plan, or statutory require"unt.
H, The Contractor shall take Affiroativu Action Lo ensure that
applicants are employed, and that employees are treated
durinq employment, without rayard to their race, color, sex,
religion, national origin, or condition of physical or mental
handic&ys, provided, howevor, in the instance of a handicapped
person, that the person's handican does not prevent that per-
son from Wing the joh that pars all would LL� hired to perform.
Such action shall includc but not be limited to, the following;
employmant; upgrading; demotion or transfer; recruitment
advertising; layoff or ovzmjnation ranes or pay or other
forms of co7pensation; anj volaction Ecr trvining, including
apprenticeship. Tho Contyqctor also covenants tG post in
conspicuous places, F,,ij,hje zu 'employees and applicants
for employmant, net ican to bn >ravi6acl by the Department's
EEO Officer in scuing forth the provisions of this non-
discrimin"tion clause.
1. The Comractor shall unsur, comoliance with 41 C 60-741
(Affirmative Action for han6icapped) and 41 CFR 60-250
(Affirmative Action for Di ably veterans of the Vietnamese
Era) .
-- 1 7-
SECTION
30428-lr
Privacl
the
SECTION
-Ppronriate and of-
legal authority, Pursuan- to Plopor,
j,furmatlon about any indivi-
The Conora ctor shall maintain no
Hulot,
an provisions of the
dual in a manner which Would
Aavanced notice will be given
Privacy A ct of i974, U.S.C. 552"
C,ntjactor Lnticipates that in-
to the Departnent in the ,,t
in a
- records" as defined
"sYstam Oa�
formation will be retain,d
C
must be suf-
qM(n)(5). Notice P"
1 c
by the Privacy Act at U-0—
description in the
yystem552,(e)
(icier.`- t 0 enable Public"'on of
''ith 5 U.S.C. (ii) and
in accorl-n—
rederal Rcaister J— --
I th
� in accordance W1
-F a R��-port on Nuy Os&Oms
t;~ e abn"Tission ol rees not to release
--UZthCr nq
d under this
5 U.S.C. 53200). The Mitracioz
ijuais serve
information about the identity of in""
by such individual or
contract unless V) ,if,,,jjv anADrizad
authorized by the Contr,. cUOT to c.,
the Department.
of the Contractor and to vnlidly a
SECTION
the
n
The Contractor as sures a j
-Ppronriate and of-
legal authority, Pursuan- to Plopor,
.
Pjssk2 d or taken, giving
ficial motion, resolutiOn or actiOn
hority V" "ntpr
into this contract,
the contractor leqal aut
conLy3ct and to perform
receive- the funds authori 20d ty Ln2n
hAF Ohllqnt"
- i,,,]f to perform
the services the Contractor
under this contract.
this contract on
The person or persons j! gning or amacuting
themselves as sign-
belalf Of the Contractor, or ro-P rusentina
iehai.-�- Of th(' Contractor'
ing and exacuting this C entract -on
te Or they have been duly
do hereby warrant and quarant" that
-his contract on behalf
authorized by the Contr,. cUOT to c.,
..,6
,
lc bind the Contractor
of the Contractor and to vnlidly a
jaD
sions herein set forth.
to all the terms, performancOs =2
,,,,
shall havo An r41
t its option, to either
:nata this contract, if
The Department
temporarily suspend or VVOn"tly
terO
of the Contractor Or
11--�jte to the
there is a U100
-itract. The
th"G col
inn the contrL= K0
the person Hign:.,
j`"
fn r nny nlonOY it has
Contractor is liable to tno
of the provisions
received from tte Departs
,npondnd or tcrminated
of M5 con zract, if &C Do PI-1
this contract
- L A -
30428 -1s
WITNESS OUR HANDS EFFECTIVE THIS DAY OF , 1982.
Vendor ID
Contractor
Approved and accepted on behalf of the Texas Department of Human
Resources.
i`�r1 � W, JohnV= =ton, Cornrr��_ss�oner
Texns I',cPartMent of Human Resources
This contract is not effectivo unn ss signed by the Commissioner
of the Department.
REVIEWED BY:
RcG ional Representative
-I A-