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HomeMy WebLinkAbout03-10-88-07 - Resolution - 03/10/1988RESOLUTION NO. 03-10-88-07 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE BRAZOS VALLEY COMMUNITY ACTION AGENCY IN ORDER THAT THE COMMUNITY DEVELOPMENT PROGRAM MAY RECEIVE WEATHERIZATION PROGRAM FUNDS AND BECOME INVOLVED IN THE WEATHERIZATION PROGRAM ACTIVITIES. WHEREAS, the City of College Station has a Con~unity Development Program for the improvement of low income housing in the City of College Station; and, ~EREAS, Brazos Valley Community Action Agency receives U.S. Department of Energy Weatherization Programs funds on an annual basis; and, WHEREAS, these funds are available to assist low income persons t¢ make weatherization repairs to their homes; and, WHEREAS, City of College Station Community Development Program is eligible in its contracts to allocate a portion of its construc- tion to weatherization repairs; and, WHEREAS, the City of College Station is eligible to receive funds because of its sponsored rehabilitation projects; and, WHEREAS, the Brazos Valley Community Action Agency is willing to reimburse the City of College Station Community Development Fund for eligible weatherization repairs; NOW THEREFORE, BE IT RESOLVED By the City Council of the City of College Station is authorized to enter into an agreement with Brazos Valley Community Action Agency for the purpose of pro- viding specific weatherization services to eligible homeowners and receiving U.S. Department of Energy Weatherization Program Funds from the Brazos Valley Community Action Agency. PASSED and APPROVED this 10th day of March , 1988. ATTEST: City S~ry APP ROVE D: 58f BRAZOS VALLEY COMMUNITY ACTION AGENCY AGREEMENT FOR WEATHERIZATION ACTIVITIES STATE OF TEXAS COUNTY OF BRAZOS I. PARTIES TO THE AGREEMENT This agreement is made and entered into by and between the Brazos Valley Community Action Agency, a Texas Corporation of the State of Texas, (hereinafter referred to as BVCAA), and City of College Station, a Texas Municipal Corporation having home rule powers (hereinafter referred to as CITY). The parties agree and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. II. CONTRACT PERIOD This agreement shall commence on September 1, 1987 and shall terminate on March 31, 1988. Ae Be III. CONTRACTOR PERFORMANCE CITY shall provide specific weatherization services in accordance with the outline of services, referred to as Attachment A, with the terms of the Budget, referred to as Attachment B, which documents are attached hereto and made a part of this agreement. CITY shall also comply with all other terms and requirements set forth herein. These weatherization services shall be provided within the corporate boundaries of the CITY. Am IV. BVCAA OBLIGATIONS Consideration In consideration of full and satisfactory performance of the activities referred to in Section 3 of this agreement, BVCAA shall pay to CITY actual allowable costs incurred by CITY during the agreement period for weatherization activities rendered under this agreement by CITY, subject to the limita- tions set forth in the Section 4. '06588 (1) (2) (3) It is understood and agreed by the parties that BVCAA's obligations under this Section 4 are expressly made con- tingent upon the actual receipt of adequate funds from the Texas Department of Community Affairs. BVCAA shall not be responsible for the payment of costs incurred or performances rendered by CITY before or after the period contemplated of this agreement. BVCAA shall not be liable to CITY for any costs incurred by CITY which are not allowable costs for work done with allowable weatherization materials as defined in Attachment C, attached hereto and made a part of this agreement. (4) Notwithstanding any other provision of this agreement, BVCAA's maximum obligation hereunder shall not exceed an amount equal to BVCAA's share of the total amount of actual allowable costs as specified in Attachment B, Budget, of this agreement. B. Limit of Liability The total of all payments and other obligations incurred by BVCAA under this agreement shall not exceed the sum of Twelve Thousand Dollars ($12,000). V. METHOD OF PAYMENT BVCAA will reimburse CITY a maximum of One Thousand Two Hundred Dollars ($1,200) per unit for allowable weatherization materials installed at or on each housing unit. Reimbursement will be made within thirty 30 days of final inspection and acceptance of all the weatherization services for the unit by BVCAA. VI. TERMINATION Either of the parties hereto have the right, in such party's sole discretion and option, to terminate and bring to an end all performances to be rendered under this agreement by notifying the other party hereto in writing thirty (30) days prior to such termination. VII. CHANGES AND AMENDMENTS Except as specifically provided otherwise in this agreement, any alterations, additions, or deletions to the terms of the agreement shall be by amendment in writing and executed by both parties. To be effective, any amendment made pursuant to this Section must be signed by the Chief Administrator of BVCAA or his authorized representative. '06589 VIII. MONITORING The CITY will cooperate with BVCAA in meeting any requirements for on-site monitoring that may be required for BVCAA in the performance of weatherization activities conducted under this agreement. Be IX. REPORTING REQUIREMENTS CITY shall submit to BVCAA upon execution of this agreement a listing of prices for materials which will be used in providing weatherization services to eligible units. This list may be updated, with the consent of BVCAA, during the agreement period. CITY shall submit to BVCAA an original invoice for each completed unit detailing the weatherization materials used and cost of these weatherization materials. X. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that BVCAA is contracting with CITY as an independent contractor, and that CITY, as such, agrees to hold BVCAA 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 and materials to be installed in the performance of this weatherization agreement. XI. PROHIBITED ACTIVITIES CITY by signing this agreement warrants that all applicable city ordinances, and policies pertaining to the prohibition of nepotism, conflict of interest, discrimination, political activity and sectarian activity in the conduct of city business will be adhered to in the performance of this agreement. XII. AUDIT The CITY will cooperate with BVCAA in completing the audit requirements necessary for this agreement. XIII. ORDER OF PRECEDENCE In the event that there are conflicts among the provisions of this agreement, the conflicts shall be resolved in giving precedence to those provisions appearing in Section 1 through '06590 Section 14 of this agreement over the provision of any attachment to this agreement. XIV. ORAL AND WRITTEN AGREEMENTS Ail oral and written agreements between the parties to relating to the subject of this agreement that were made prior to the execution of this agreement have been reduced to writing and are contained in this agreement and the attachments hereto. The below enumerated and denominated attachments are hereby made a part of this agreement and constitute promised performances by CITY, in accordance with Section 3 of this agreement: (1) Attachment A, Project Narrative (2) Attachment B, Budget (3) Attachment C, Allowable Weatherization Materials Witness our hands effective this 1st day of September, 1987. BY: CITY OF COLLEGE ~ST~TION : ~~&]L~ Ma~ Clef Admlnlstrator ATTEST: C~Secretary ^96591 ATTACHMENT A PROGRAM SUMMARY CITY shall in cooperation with BVCAA aid in implementing a weath- erization assistance program to assist in achieving a healthful dwelling environment and maximum practicable energy conservation in the housing units of low income persons, particularly elderly and low income, handicapped persons. This program will be conducted in accordance with the provisions of Title IV of the Energy Conservation and Production Act as amended (42 USC 6861 et seq.) with the Human Services Reauthori- zation Act of 1984, P.L. 98-558, with the U.S. Department of Energy (DOE). '06592 ATTACHMENT B BUDGET Total Amount: 12,000 Maximum of 10 units to be weatherized with the maximum allowable for weatherization materials per unit set at $1,200. 10 X $1,200 = $12,000 06593 ATTACHMENT C ALLOWABLE WEATHERIZATION MATERIALS Priority Caulk Acrylic Silicone Siliconized/Acrylic Backer Rod Weatherstripping Jam-up Kit Aluminum Doors Solid Core Solid Core Door Kit Keyed Lock Set - Entry or Deadbolt Butt Hinges Threshold Door Bottom or Sweep Peephole Windows Aluminum mill finish Aluminum or wood locks Replacement glass panes Push Points Glazing Compound Outlet Insulators Foam Interior A/C Window Cover Priority II Insulation Rock Wool Batt Fiberglass Vents Louver Eave Turbine with Base Gravity or Roof '96594 Priority III Skirting/Underpinning Galvanized Sheetmetal Fiberglass Priority IV Water Heater Blanket with Metal Clips or Rope Fasteners Priority V Storm Windows Patching Materials Room Repair Roll Roofing Material Fiberglass Shingles Corrugated Iron Roll Felt Plastic Cement Lumber #2 Y pine Plywood Paint Standard White Exterior Wood Stain Sheetrock Sheetrock Sheetrock Mud Sheetrock Tape 06595