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HomeMy WebLinkAboutResolution - 669 - Contract - TDHR - Home Energy Assistance Program - 12/11/1980t Z 1� v SMH: pc RESOLUTION Resolution # 669 - 12/11/80 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 contract for Home Energy Assistance Program between Texas DEpartment of Human Resources and the City of Lubbock, 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 lltji day of December ,1980. BILL McAlister, Mayor ATTEST:'000( . I elyn..Ga ga, City a ry-Treasurer )(PPROVED AS TO CONTENT: n Denzel Peftifull, Director of Public Services APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney RESOLUTION 41669 - 12/11/80 CONTRACT FOR HOME ENERGY ASSISTANCE PROGRAM BETWEEN TEXAS DEPARTMENT OF HUMAN RESOURCES AND CITY OF LUBBOCK CONTRACT #A006 PARTIES The Texas Department of Human Resources, hereinafter called the Department, and City of Lubbock, hereinafter called the Contractor, hereby make and enter into this contract for the mutual consideration set forth herein. II CONTRACTOR PERFORMANCE A. The Contractor agrees to administer heating benefits for a portion of the Home Energy Assistance Program, hereinafter called the Program, in accordance with the terms of this Contract, and the Federal regulations promulgated in 45 CFR Part 260 by the United States Department of Health and Human Services, and with the revisions thereto. Specifically, the Contractor agrees to administer the public information, eligibility determi- nation, and referral functions of the Program, as prescribed by the Depart- ment, in accordance with 45 CFR Part 260, and the Home Energy Assistance Program Operational Handbook. B. The Contractor shall provide services under this contract in the following geographic areas: Lubbock County, Texas. C. PUBLIC INFORMATION. The Contractor shall make efforts to inform individuals who are potentially eligible for services under this Contract of the benefits available under the terms of the Program and of the method and locations for application for those benefits. Highest priority shall be given to informing the elderly, the ill and bedridden, the handicapped, and young children. Secondary priority shall be given to those for whom access to assistance programs is made difficult by remote location of residence, frequent change of residence, limited English speaking pro- ficiencies or communications handicaps, or general lack of knowledge about community service programs. Public information efforts should be designed to reach lowest income households, especially those which are most seriously threatened by the increased cost of energy for residential purposes. D. REFERRAL. The Contractor agrees to refer Department -designated recipients to existing weatherization and energy conservation programs. The Contractor will collect and report data on the number of recipients who are referred to weatherization and energy conservation programs. E. ELIGIBILITY DETERMINATION. The Contractor agrees to provide appli- cant households with application forms specified by the Department. The' Contractor agrees to maintain a location •.-within each county to accept applications. The Contractor shall assist in --the completion of the applica- tion forms when applicants are unable to complete them without assistance. The Contractor agrees to accept applications from January 5, 1981 through February 28, 1981, five days per week, during normal working hours. The Contractor shall determine eligibility status of applicant households based on application data, income and personal identification documentation, and policies provided by the Department to the Contractor. The Contractor shall be responsible for determining payment level to eligible households based on application data, income documentation, and Department policy supplied to the Contractor by the Department. The Contractor shall notify applicants of eligibility status and payment level in writing within thirty days of receipt of a signed identifiable application. Written notification of denial must include specific reasons for denial of application. The Contractor agrees to transmit to the Department the products of the eligibi- lity determinations on a Department -designated schedule. The Contractor shall provide informal administrative reviews for applicants requesting review.of the Contractor's decision. Such administrative reviews must be held at a time and location accessible to the applicant within five days of receipt of the request for an administrative review. The Contractor agrees to refer all requests for appeal of the review decision to the Department on a timely basis but no later than April 1, 1981. F. RECORDS AND REPORTS. The Contractor agrees to supply the Depart- ment with periodic reports as required by the Department. The Contractor agrees to maintain and retain records adequate to disclose the extent of the service provided under this Contract for a period.of three years after final audit questions are resolved. The Contractor agrees to allow the Department and the United States Department of Health and Human Services reasonable access to such records for the purpose of auditing, copying, investigating, or evaluating such records. FINANCIAL OBLIGATIONS A. ADMINISTRATIVE PAYMENTS. The Department agrees to pay the Con- tractor the sum of $10.00 for each completed eligibility determination. The maximum the Department agrees to pay under this contract is $42,330, provided however, that in no event shall the amount paid to the Contractor be less than thirty percent (30%) of the maximum for correct eligibility determination for each county under this contract. B. BENEFIT PAYMENTS. The Department shall be responsible for making benefit payments. C. CONTRACTOR LIABILITY. The Contractor agrees to repay the Depart- ment for any overpayments to the recipient determined to have been made as a result of errors by the Contractor. The Contractor agrees to return to the Department any unearned administrative payments. The Contractor agrees to submit a voucher':requesting administrative payments reflecting the number of data entry forms submitted. All claims for services must be billed within ninety days of the accrual of the claim, or the Department may at its sole option and discretion withhold payment for such claims otherwise due the Contractor hereunder. D. PAYMENT RECONCILIATION. The Department may delay final payment(s) in order to reconcile payment vouchers with Department records. IV GENERAL PROVISIONS A. CONFIDENTIALITY. The Contractor agrees not to release the identity of applicants for or recipients of benefits under this Contract except in accordance with applicable Federal and State laws (e.g., 45 CFR Part 205.50). B. SUBCONTRACTS. The Contractor agrees that it shall not subcontract any portion of this Contract without the prior written approval.of the Department. C. CIVIL RIGHTS. The Contractor agrees not to discriminate against any employee or applicant for employment, or against any applicant for or recipient of service because of race, national origin, color., sex, age, handicap, religion, or political beliefs. D. TERMINATION. The Department, with 30 days prior written notice, may terminate thiscontra_ct,, in whole or in part, when it is in the best interest of the State. The Department shall be liable only for payment in accordance with the payment provisions -of this Contract for services rendered prior to the effective date of termination. Either party hereto with 30 days prior written notice, may terminate this Contract should the terms and conditions of this Contract not be fully complied with. However, the Department may terminatethis contract immediately for non-compliance with applicable Federal Laws. Any termination of this Contract shall be in accordance with applicable State and Federal Laws and Regulations. E. CHANGES The Department may at any time, by a written order, make changes, within the general scope of this Contract, provided; however, that in no event shall paragraphs III(A), III(B), III(C), IV(D), IV(E), or V here- in be altered or amended in any way or any provisions added hereto which impose additional requirements, restrictions, or responsibilities upon the Contractor; without prior written consent of the Contractor. F. DISPUTE AND APPEALS. Except as otherwise provided in this Contract, any dispute concerning a question of fact arising under this Contract which is not disposed of by agreement shall be decided by the Department, the de- cision reduced to writing and a copy furnished to the Contractor. The Contractor has a right to appeal the decision in accordance with TDHR Section 1700 of the Fair Hearings, Fraud, and Civil Rights Handbook. G. NOT EMPLOYEES OF.THE STATE. The parties hereto agree that the Contractor is an independent contractor and Contractor and its employees in the performance of the duties of this Contract, are not and shall not act as officers or employees of the State. H. NOTICE. Any notice required herein, shall be deemed sufficient if sent by certified mail -return receipt requested if sent to Nathan C. Martin, Regional Administrator, P. 0. Box 10528, Lubbock, Texas 79408, for Department or to Denzel Percifull Director of Public Services, P. 0. Box 2000, Lubbock, Texas 79457. V. TERM OF AGREEMENT The following instrument is attached hereto and incorporated herein: A. Plan of Operation The parties hereto, in their capacities as stated below, hereby sign this Contract to be effective December 15, 1980, to continue through May 30, 1981, subject to the availability of appropriated funds. TEXAS DEPARTMENT OF HUMAN RESOURCES Commissioner Vendor IN 17515254880000 HOME ENERGY ASSISTANCE PROGRAM PLAN OF OPERATION General The City of Lubbock's Community Services Department has in place mechanisms for the administration of utility assistance programs. Our Department has handled programs of a similar nature over the last 4 years, totalling $585,000. Publication of the Program Publication of the availability of these funds will be carried out through: 1. Our newsletter which is to be mailed to all past recipients as well as people who inquire about our utility assistance program. The mailing list currently includes over 800 families. 2. Notification of interested groups. Our department works closely with the City of Lubbock's Senior Citizens program (another City agency) as an example. Other agencies who will be notified will be Catholic Welfare, Salvation Army, Neighborhood House, United Way, Interagency Action Council, Vista, MHMR, and Social Security Office. 3. Notices will be posted in County court houses or community centers. 4. Funds requested from Community Services Administration will be used as outlined below to provide for necessary publicity: Salary and fringe benefits for energy crisis intervention program coordinator. ($12,757) This individual will be responsible for coordinating the Department's efforts at publication of the availability of these funds. Individual will work closely with the agencies such as Vista, Lubbock Interagency Action Council and Senior Citizens Program. Travel, office supplies and advertising funds to support work of the ECIP Coordinator. ($1,323) Applications will be available at our offices located at 2407 1st Street, 807 Texas Avenue and 1532 East 19th Street. Eligibility Determination These applications will be available from January 5, 1981 through February 28, 1981 from 8 to 5, five days a week. We will have nine personnel trained in application processing, six of whom are outreach workers who will be doing the actual process- ing. We have two of these outreach workers at each of the three offices mentioned ATTACHMENT A ` (2) above. Supervisors in these offices will serve as relief for the outreach workers. Our outreach workers are skilled in assisting applicants with forms. We have at least one Spanish-speaking outreach worker in each office. We also do home visits when required as a matter of regular operating procedure. Eligibility determination shall be accomplished within thirty days and written notification of eligibility or denial furnished within that thirty day period. Right to Formal Hearing Applicants who are denied shall be informed in the written correspondence men- tioned above of their right to informal or formal review of the Department's action. Informal review will be accomplished by referral to the supervisor of the office where the application is denied. When a supervisor makes an initial denial it will then be turned over to the Director for the informal review. If this level of review fails to satisfy the client after he has been notified of their decision, TDHR will be notified in writing of the necessity for a formal hearing to be conducted by TDHR Appeals Officer. Confidentiality Records confidentiality is strictly adhered to by this Department. All records are kept in secure file cabinets in locked offices. Staff members are instructed in the necessity for, confidentiality of records and interviews they have access to. RCforrnIC Those department -designated recipients identified as requiring referral shall be referred to the Community Services Weatherization Program. The ECIP Coordinator shall be responsible for carrying out these referrals. Training Training of nine persons by a member of the TDHR staff is scheduled for: Peter Nuckolls, Community Services Director (Acting) Edwina Westbrook, Outreach Worker Jessie McGruder, Outreach Worker II Elida Padilla, Outreach Worker I and Madeline Amalla, Supervisor Pam Messick, Supervisor Lucy Mercado, Outreach Worker Diane Chapa, Outreach Worker II Mary L. Villarreal, Outreach Worker II Mary Moreno, Outreach Worker I Rick Scheffel, Supervisor Training materials will be provided by TDHR and will be held -in the Community Services Department office at 807 Texas Avenue. Staffing/Operating Expenses Personnel costs and operating expenses prior to payments by TDHR will be borne by the Community Services Department through its funding for departmental operation from Community Services Administration. ATTEST: E ELYN GAF GA City Secretary -Treasurer APPROVED AS TO FORM: 694A 'J�t6'-1 Susan M. Horton Assistant City Attorney City of Lubbock Community Services Department G?4& Peter Nuckolls Executive Director (Acting) December 9, 1980 Mayor` Bill McAIister December 11, 1980 Date