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HomeMy WebLinkAboutResolution - 1893 - Contract - TDCA - Energy Crisis Intervention Program - 12_13_1984Resolution #1893 December 13, 1984 Agenda Item #29 LJM:cl RFR01 I IT ION WHEREAS, federal funds of the Department of Energy are to be made available through the Texas Department of Community Affairs to local agencies for the establishment of an Energy Crises Intervention Program for fiscal year 1985, and WHEREAS, the Texas Department of Community Affairs will select focal agencies to administer this program, and WHEREAS, the Texas Department of Community Affairs has made it known that the City of Lubbock will certainly be selected as one of the local agencies for funding, and WHEREAS, the Texas Department of Community Affairs will forward a grant funding agreement to the City of Lubbock sometime after December 13, 1984, and WHEREAS, there is a need for the City to assist the grant as soon as possible in order that the program be made available to eligible applicants In time of greatest need; NOW THEREFORE: 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 grant funding agreement between the City of Lubbock and the Texas Department of Community Affairs providing for funding for an Energy Crises Intervention Program for fiscal year 1984; provided however, this authorization is subject to the following conditions: (a) That the grant agreement be approved by the City Attorney. (b) That no matching funds are required on behalf of the City. (c) That 6% of available program funds be available for adminis- trative costs. (d) The eligibility of applicants will pertain to low income families -only. Households with elderly or handicapped individuals would receive priority consideration. Families receiving AID to Families with Dependent Children or Supplemental Security Income would be automatically eligible. �k. . r jr, _+. (e) Utility bill payments could be made in the actual amount needed to prevent disconnection of service or to restore service, but the amount could not exceed $400.00. Passed by the City Council this 13th day of December 198 4 AN HENR , MAYO ATTEST: nette(Boyd, City Secretary APPROVED AS TO CONTENT: Q-� Rita Harmon, Assistant City Manager APPROVED AS TO FORM: Gc / / l kit4 6�--- Laura J. Mon o , Assistant City Attorney -2- TEXAS DEPARTMENT OF C0124JNITY AFFAIRS CONTRACT FOR ENERGY CRISIS iNTFRVENTIOR PRO MI STATE: OF TEXAS COUNTY OF TRAVIS SECTION 1. PARTIES TO THE CONTRACT C."4:11111oavd 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, hereinafter referred to as Department, and pity of tuhhock. Community Services Department hereinafter referred to as Contractor. The parties hereto have severally an collectively agreed and by the execution hereof are hound to the mutual obligations and to the performance and accomplishment of the tasks describer' herein. SECTIO11 2. CONTRACT PERIOD This contract anO agreement shall commence on December 1, 198A and shall terminate on tlovpmher 30, 1985 unless otherwise specifically provided by the terms of this contract. SECTIn" 3. CONTRACTOR PERFOPMAHCE Contractor shall operate, in a satisfactory manner as determined by Pepartment, an energy crisis intervention program under the Low -Income Home Fnergy Assistance Act of 1981, as amended (4?.I).S.C. Sec. 8621 et seq.), hereinafter referred to as the Act. Energy Crisis Intervention Program contractors shall operate such program in accordance with the terms of the Performance Statement, hereinafter referred to as Attachment A, with the terms of the Budget, hereinafter referred to as Attachment R, and with the terms of the Allotvahle Activities Document, hereinafter referred to as Attachment C, which are attached hereto and hereby made a part of this contract, and with all other terms, provisions and requirements set forth in this contract. SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of frill and -satisfactory performance of the activities referre4 to in Section 3 of this contract, Department shall be liable to Contractor for actual allowable cysts incurred by rontractor during the contract period for performances rendered under this contract by Contractor, subject to limitations set forth in this Section A. Pagel of 10 D IV (1) It is understood and agreed by the parties hereto that Department's obligations under this Section 4 are expressly made contingent upon the actual receipt of adequate state and/or federal funds to meet DepartmAnt's liahilities under this contract. Department, by the execution of this contract, acknowledges that it has received an obligation which, if paid, will he sufficient to pay costs properly incurred by Contractor for performances rendered under this contract in the amount specified below in this Section 4(A)(1): low -Income Nome Energy Assistance Pro ram: Nine Thousand Four Hundred Seventy Six and no/100 Dollars ($9,476.00) Petroleum Violation Escrow: Twenty Five Thousand Three Hundred Ninety Two and no/100 Dollars ($25,392.00 (2) Department shall not he liable to Contractor for costs incurred under this contract which exceed the amount specified above in Section MA) (I), except as follows: Department, from time 'to time, may provide written notification to Contractor in the form of either a unilateral letter of notification or a bilaterally executed contract amendment which shall serve either to obligate additional funds u ndpr this contract or to deohligate funds previously obligated under this contract. Any determination to obligate or deohligate funds shall he mate by Department in its sole discretion based upon factors incluAing but not limited to the status of funding under grants to Department, the rate of utilization of funds under this contract, and the existence of questioned or disallowed costs under this contract. Such notification(s), if arty, will specify Department's maximum ohliciation to Contractor under this contract as of the effective crate of such notification. Contractor shall not incur costs in the performance of program operations under this contract in excess of the amounts which tkppartment has acknowledged, either by Section A(A)(1) or by suhsegitent written notification to Contractor, as beinn available to meet Contractor's costs incurred hereunder. (3) Department shall not be liable to Contractor for any costs incurrd by Contractor, or any portion thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been reimbursed to Contractor or is subject to rpimhursement to Contractor by any source other than Department or Contractor. (4) Department shall not he liable to Contractor for any costs incurred by Contractor for performance of services or activities of a type not specified under the Act, or for performances rendered which arcs not in accordance with the terms of this contract, including the terms of Attachment A, Attachment B, and Attachment C. (5) Department shall not he liable to Contractor for any costs incurred by Contractor in the performance of this contract which.have not been billed to Department by Contractor within sixty (FO) clays following the termination of this contract. Page 2 of 10 (h) Department shall not he liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract, except as applicable to audit costs referenced in Section 1 F(A) . (7) Department shall not he liable to Contractor for any costs incurred by Contractnr which are not allowable as defined in Section A of this contract. (8) Notwithstanding any other provision of this contract, Department's maximum obligation hereunder shall not exceed an amount equal to Department's share of the total amount of actual allowable costs as specified in Attachment 8 of this contract. B. Excess Payments Contractor shall refund to Department tiny sum of money which has been paid to Contractor by Department which Department determines 1) has resulted in overpayment to Contractor or ?) has not been spent strictly in accordance with the terms of this contract within thirty (30) days after the refi and is requested by Department. C. Limit of Liability Subject to Section 4(A)(1) of this contract, but notwithstanding any other provision of this contract, the total of all payments and other obligations for costs incurred by Contractor under this contract shall not exceed the sum of: Low -Income Home Energy Assistance: Twenty Eight Thousand Four Hundred Twenty Nine and no/100 Dollars Petroleum Violation Escrow: Twenty Five Thousand Three Hundred Ninety Two and nor/100 Dollars ($25,392.00 D. Maximum Obligation Suhiect to Section 4(A)(1) of this contract, but notwithstanding any other arovisions•of this contract, the aggregate of all Department liabilities under this contract shall not exceed: Fifty Three Thousand Eight Hundred Twenty One and no/100 Dollars ($53.821.00). SECTION S. METHOD OF PAYMENT A. Within a reasonable time after the effective *late of execution of this contract, t4m.,partment shall make an initial advance payment to Contractor, against Department's liabilities arcrueTor to he accrued hereunder, of an amount not to exceed thirty (30) days need but not more than l?.5% of Department's maximum monetary obligations as spPcifipt+ in section -!(r) of this contract, provided that Department shall not make disbursement of such Page 3 of 10 initial advance payment until Department has received from contractor a properly completed Request for Advance Form 770 and State of Texas Purchase Voucher, and department has reviewed and approved such Request for Advance. R. For each subsequent month of the period of performance of this contract, Contractor may request an advance payment by submitting to Pepartment, no later than the twentieth (20th) day of the month prior to the month for which advance payment is sought, a properly completed Request for Advance Form 270 and State of Texas Purchase Voucher for an amount not to exceed fontractor's actual cash needs for the month for which such advance is sought, provided Department shall not make disbursement of any such advance payment until it has reviewed and approved such Request for Advance. C. No later than the twentieth (20th) day of the month followinq the end of each quarter of the contract period specified in Section 2 of this contract, Contractor shall submit to Department a Ouarterly Financial Status Report -State Supplemental Form 2610a. Department stay in its discretion make adjustments to payments requested.under Section 5(R) of this contract based upon information contained in each such Form 20a. d. Notwithstanding the provisions of Sections r,(A) and S(R) of this contract, it is expressly understood and agreed by the narties hereto that payments tinder this contract are contingent upon Contractor's fall and satisfactory performance of its obligations under this contract. E. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section S or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under arty 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 iiaiver of the right to exercise that or any other right or remedy at any time. F. Contractor's requests for advances shall he limited to the minimum amounts needed for effective operation of programs under this contract, and shall he timed as closely as possible to be in accord with actual cash requirements. Contractor shall comply with the provisions of Treasury Circular 1075 and estahlish procedures to minimize the time elapsing between the transfer of funds from Department to Contractor and the dishursal of such funds by Contractor. SECTION 6. COST PRIUCIPLES Except as specifically modified or superseded by federal law or requlations, the terms of this contract, or the terms of EOD issuances subsequently proputlgated hereunder, in rendering performances under this contract, Contractor shall comply with the cost principles set forth in rircttlar Mo. A-R7, as supplemented by the final rules promulgated by the tlffice of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the lini form Grant and Contract Management Act of Ml , TFY. REV. CIV. STAT. ANN. art. dd13079), provided all references to "local government" shall.he construed to mean Contractor. Page 4 of 10 SECTION 7. UNIFORM ADMINISTRATIVE REQUIREMENTS Except as specifically modified or superseded by federal law or regulations, the terms of this contract, or the terms of EOD issuances subsequently promulgated hereunder, in rendering performances under this contract, Contractor shall comply with the uniform administrative requirements spt forth in Circular No. A-102, as supplemented by the final rules promulgated by the Office of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 19R1, TEY. REV. CIV. STAT, ANN. art. 4413(32g), provided all references to "local government" shall be construed to mean Contractor. SECTION 8. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which conforms to OMB Circular A-87, the Management Standards, and this contract. Contractor shall comply with the retention and custodial requirements for records as set forth in Attachment C of OMB Circular A-102, as supplemented by Section 5.154 of the Management Standards. B. Contractor shall give the United States Department of Health A Human Services, the United States Department of Energy, the Comptroller General of the United States, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine, copy, or mechanically reproduce, on or off the premises of Contractor, all reports, books, papers, documents, and other records pertaining to this contract. Such rights tn access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible location. Contractor shall permit and cooperate with any examination conducted pursuant to this Subsection R. C. Contractor shall include the substance of this Section 8 in all subcontracts. SECTION 9. TECHNICAL ASSISTANCE AND MONITORING Department reserves the right for Department or its designee to conduct monitoring and evaluation of the performances rendered under this contract. Department will notify Contractor in writing of any deficiencies noted during such review; and may withhold costs as appropriate based upon such deficiencies. Department may provide technical assistance to Contractor in correcting the deficiencies noted. Department shall conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Department may terminate this contract or invoke other sanctions as Department determines to be appropriate. SECTION 1.0. REPORTING REQUIREMENTS A. Contractor shall submit, for receipt by Department no later than the Page 5 of 10 twentieth (20th) day of the month after the end of each quarter of the contract period specified in Section 2 of this contract, a Quarterly Financial Status Report -State Supplemental Form 269a, of all expenditures of funds under this contract during the previous quarter. B. Contractor shall submit to Department no later than the twentieth (20th) day of the month after the end of each quarter of the contract period as specified in Section 2, a Quarterly Performance Report of the activities performed pursuant to Attachment A, Performance Statement, of this contract during the previous ouarter. The Quarterly Performance Report shall he in a format prescribed by Department. C. Contractor shall submit to Department no later than thirty (30) days after the date of termination of this contract an inventory of equipment .purchased in whole or in part with funds received under the Energy Crisis Intervention Program, which were on hand as of the date of termination of this contract. D. Contractor shall submit to Department no later than ninety (90) days after the termination of this contract, a final Financial Status Report -State Supplemental Form 269a, of all expenditures of funds under this contract. E. Contractor shall submit to Department no later than thirty (30) Mays after the termination of this contract, a final Performance Report of all activities performed pursuant to Attachment A, Performance Statement, of this contract. The final Performance Report shall be in a format prescribed by Department. F. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 11. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that Department is contracting with Contractor as an independent contractor, and that Contractor agrees to indemnify [Department against all disallowed costs or other claims asserted in connection with the services to be performed by Contractor under this contract. SECTION 12. SUBCONTRACTS A. Contractor shall subcontract for performances described in this contract only after Contractor has submitted a Notice of Intent to Subcontract, on a form prescribed by Department, for each such proposed subcontract. Page 6 of 10 B. In selecting subcontractors hereunder, Contractor shall utilize procurement procedures set forth in Attachment 0 of the Uniform Administrative Requirements referenced in Section 7 of this contract. Contractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s). C. Contractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this contract as if the performances rendered were rendered by Contractor. SECTION 13. CONFLICT OF INTEREST A. Contractor covenants that neither it nor any 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 this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed by Contractor, or shall be appointed as a member of Contractor's governing body. B. Contractor shall ensure that no employee, officer, or agent of Pontractor shall participate in the selection or in the award or administration of a subcontract supported by funds provie+ed hereunder if a conflict of interest, real or apparent, would be involved. SECTION 14. SECTARIAN INVOLVEMENT PROHIBITED Contractor shall ensure that no funds under this contract are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. SECTION 15. LEGAL AUTHORITY A. Contractor assures and guarantees that Contractor possesses the legal authority pursuant to any proper, appropriate, and official motion, resolution, oraction passed or taken giving Contractor legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Contractor has obligated itself tn perform hereunder. B. The person or persons signing and executing this contract on behalf of Contractor, or representing themselves as signing and executing this contract on behalf of Contractor, do hereby warrant and guarantee that he, she, or they have been fully authorized by Contractor to execute this Contract on behalf of Contractor and to validy and legally bind Contractor to all of the terms, provisions, and performances set forth in this contract. C. Department shall have the right, at its option, to either temporarily suspend or permanently terminate this contract, if there is a dispute as to Page 7 of 10 the legal authority of either Contractor or the person or persons signing this contract to enter into this contract or to render performances hereunder. Contractor is liable to Department for any money Contractor has received for performances rendered under this contract, if Department has suspended or terminated this contract for the reasons enumerated in this Section 15. SECTION 16. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for a financial and compliance audit of funds received and performances rendered under this contract. Contractor may, at its option, arrange for a single, organization -wide audit of its programs which will include an audit of the Enerqy Crisis Intervention Program funded under this contract. Unless othrwise specifically authorized by Department, three copies of the audit report shall be furnished to Department no later than ninety (90) days after the date of termination of this contract. Contractor shall coordinate arrangements for an audit with Department according to procedures to be specified by EDO Issuance. B. Notwithstanding Section 16(A), [Department reserves the right to conduct or cause to be conducted an independent audit of all funds received under this contract which may be performed by Department or its authorized designee. Such audit, if any, will be conducted in accordance with applicable federal rules and regulations, Departmental guidelines, and established professional standards and practices. C. Contractor understands and agrees that Contractor shall be liable to Department for any costs disallowed as a result of audit. SECTIO11 17. HON-DISCRIMINATION AND EQUAL OPPORTUNITY No person in the United States shall on the ground of race, color, religion, sex, national origin, age, handicap, political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. SECTION 18. SUSPENSION In the event that Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor, suspend this contract in whole or in part and withhold further payments to Contractor, or prohibit Contractor from incurring additional obligations of funds under this contract. SECTION 19. EARLY 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. Page 8 of 10 SECTION 20. COMPLIANCE. WITH LAW AND ORDER OF PREEEOENr.E In rendering performances hereunder, Contractor shall comply with the requirements of applicable federal laws and regulations. In the event of a conflict between such laws and regulations and the terms and conditions of this contract, precedence shall be given to the laws and regulations. SECTION 21. CHANGES A11n AMEIIDMENTS A. Any alterations, additions, or deletions to the terms of this contract which are required by changes in federal or state law or requlations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. B. It is understood and agreed by the parties hereto that performances under this contract must he rendered in accordance with the Act, the regulations promulgated under the Act, and the assurances and certifications made to any federal agency by the State of Texas with regard to the operation of energy crisis related programs. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performances under this contract may be amended in the following manner: Department may from time to time during the period of performance of this contract issue policy directives which serve to establish, interpret, or clarify performance requuirements under this contract. Stich policy directives shall he promulgated by the Director of Department's Economic Opportunity Division in the form of ECIP issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor as if written herein, provided however that such policy directives shall not alter the terms of this contract so as to relieve Department of any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of such policy directives. C. Except as specifically provided otherwise in this contract, any alterations additions, or deletions to the terms of this contract shall he by amendment hereto in writing and executed by both parties to this contract. To he effective, any amendment made pursuant to this Section PI(C) must be sinned by the Executive Director of Department or his authorized representative. D. tlotwithstanding Subsection C of this Section 21, Contractor may make transfers of funds between or among budget categories of Attachment R without requiring an amendment to this contract, or otherwise requiring Department's prior written approval provided that: (1) the total dollar amount of any transfer during the contract period among Department's share of direct budget categories is equal to or less than five percent M) of the amount of total Department share shown on Page 1 of Attachment R; and Page 9 of 10 s (2) the transfer will not change the scope or objective of the programs funded under this contract. SECTION 22. GEOGRAPHIC AREA SERVED Contractor shall conduct the activities described in Attachment A in the following counties of Texas: Lubbock. SECTION ?.3. POLITICAL ACTIVITY AND LOBBYING Flo funds provided under this contract may he used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with State or local legislators. SECTION 2a. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract and the attachments hereto. B. The below enumerated and denominated attachments are herehy mate a part of this contract, and constitute promised performances by Contractor, in accordance with Section 3 of this contract; (1) Attachment A, Performance Statement (2) Attachment B, Budget (3) Attachment C, Allowable Activities Document. Witness our hands effective this 1st day of December, IQAa. Signed Al i enry, City of Lubbo ity Services Department Approved and accepted on behalf of the Texas Department of Community Affairs, an agency of the State of Texas. Si gned Rafael n an a, Executive Ilirpctnr Texas Department of Community Affairs This contract is not effective until signed by the Executive Director of Department or his designee. Page 10 of 10 ATTACHMENT A PERFORMANCE STATEMENT ENERGY CRISIS INTERVENTION PROGRAM ATTACHMENT A PERFORMANCE STATEMENT ENERGY CRISIS INTERVENTION PROGRAM Contractor: City of Lubbock Contract Period: 12/1/84 - 11/30/84 ACTIVITIES DESCRIPTION I. Contractor shall develop an Energy Crisis Intervention Program for low-income residents of the geographic area referenced in Section 22 of this contract pro- viding assistance in the following areas: fuel/utilities delivery of fuel temporary shelter emergency repairs repair of heating units other assistance allowable in Attachment C of this contract 2. Contractor shall maintain in its files supporting documentation satisfactory to Department of activities conducted pursuant to this Attachment A. # PERSONS SERVED f, 4,800 I Page 1 of 1 ATTACHMENT B BUDGET ENERGY CRISIS INTERVENTION PROGRAM Contractor Name: City of Lubbock (:nmm►mit;�Lioryinc,c T6rZX,tiSBA� Contract 1: 00019205885 Contract Period: 12/1/84 - 11/30/85 ATTACHMENT B ENERGY CRISIS INTERVENTION PROGRAM BUDGET BUDGET LIHEAP SEC. 155 CATEGORY CATEGORIES FUNDS PVE FUNDS TOTALS I. Personnel $ 1,706 $ -0- $ 1,706 (Detailed on Budget Support Sheet B.1) 2. Fringe Benefits $ - $ -0- $ _ 3. Travel $ - $ -0- $ _ 4. Equipment $ - $ -0- $ _ (Detailed on Budget `— Soppor£-Sheet B.4) 5. Supplies $ - $ -0- $ - 6. Contractual $ - $ - $ - (Detailed on Budget Support.Sheet B.6) 7. Other $ 26,343 $ 25,392 $ 51,735 (Detailed on Budget Support Sheet B.7) 8. Indirect Costs $ 380 $ -0- $ 380 TOTALS $ 28,429 $ GRAND $ 53,821 �31c.2 _ TOTAL' No administrative expenditures of an organization shall be charged against Petroleum Violation Escrow Funds. Note: Administrative costs --salaries (including outreach/intake workers), fringe benefits, travel, equipment, supplies, audit (contractual), and office space (other) --are limited to Six (6) percent of the grand total. Department's prior written approval for purchase or lease of equipment with acquisition cost of $300 and over is required. Approval of this budget does not constitute prior approval. ATTACHMENT B.1 ENERGY CRISIS INTERVENTION PROGRAM BUDGET SUPPORT SHEET 1. NAME OF CONTRACTOR City of Lubbock B.1. Personnel Note: List Volunteers and value of inkind time Page 1 of 1 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS r ATTACHMENT B.4 1. NAME OF CONTRACTOR ENERGY CRISIS INTERVENTION PROGRAM BUDGET SUPPORT SHEET City of Lubbock Page I of 1 Texas Department of Community Affairs . ATrAQMW B. 6 ENERGY CRISIS INTERVENTION PROGRAM BUDGET SUPPORT SHEET I. NAME OF CONTRACTOR City of Lubbock BUDGET SUB -CATEGORIES LIHEAP SEC. 155 1 TOTAL FUNDS I PVE FUNDS AMOUNT Elm TOTAL -0- -0 -0- Pabr of 1 ATTAGlm4T B. 7 ENERGY CRISIS INTERVENTION PROGRAM BUDGET SUPPORT SHEET 1. NAME OF CONTRACTOR City of Lubbock Other 1 BUDGET °SUB -CATEGORIES LIHERR FUNDS SEC. 155 PVE FUNDS TOTAL AMOUNT Emergency Utility Assistance 26,343 25,392 51,735 4 TOTAL 26,343 25,392 51,735 Page 1 of 1 ATTACHMENT C ALLOWABLE ACTIVITIES DOCUMENT ENERGY CRISIS INTERVENTION PROGRAM ATTACHMENT C ENERGY CRISIS INTERVENTION PROGRkl ALLOWABLE ACTIVITIES DOCUMENT 1. ELIGIBILITY The funds available for recipients under this contract shall be for households having an energy crisis --in imminent danger of having their utilities terminated or experiencing other energy -related emergencies --and having an income which does not exceed the Poverty Income Guidelines as issued by the Secretary of Planning b Evaluation, I)epartment of Health Z Human Services (HHS) on February 17, 1983. The term "energy crisis" means weather -related and supply shortage emergencies to include: A. bona fide inability to pay energy bills resulting in a supply shortage, potential termination, or a shut-off of the supply that has already occurred; B. inoperable energy appliances in conjunction with severe weather extremes that result in health hazards particularly to the elderly, the handicapoeti, very young children and other susceptible persons who are eligible -under HHS income guidelines; or C. other circumstances that will require weather -related and enerqy supply assistance to alleviate crises. 2. PRIORITY Priority shall be given to eligible households with persons 60 years or older and/or with handicapped persons. This priority does not exclude other income eligible households. Contractor shall provide outreach activities to target areas, both in the form of outreach workers and appropriate public information through various forms of media, in order to assure that eligible households, especially househnlds with elderly individuals (60 years of age or older) and/or handicappeO individuals, or both, are made aware of the assistance available under this contract. For the purposes of this contract, the term "handicapped" means a severe, chronic disability of a person which is attributable to a mental or physical impairment or a combination of mental and physical impairments resulting in substantial functional limitations in three or more of the following areas: self -care, receptive and expressive language, learning, mobility, self -direction, capacity for independent living, and economic self-sufficiency. 3. INCOME DISREGARD Payments made under this contract are not to be purpose of determining eligibility or benefits program, including, but not limited to, public and food stamps. considered as income for the under any income maintenance assistance, veteran benefits, Page 1 of 3 4. DETERMINATION OF INCOME Contractor shall receive and maintain proof of the income eligibility of each applicant household. The income eligibility of each applicant household shall be determined by estimating the gross monthly income of the applicant householr+ during the period of either thirty (30) days prior to the date of the household's application or thirty (30) days after the date of the household's application. Such proof may consist of checks, check stubs, award letters, employer statements, or other similar documents. If proof of income eligiility is not available, the applicant must sign a declaration of income eligibility. Contractor shall in every instance that a declaration of income eligibility has been substituted for proof of income eligibility, verify such declarations, to the extent possible. Written documentation of this verification shall be included in the client file and signed by appropriate staff. 5. RESIDENCE REQUIREMENT In order to be eligible for this program, the household must contain a U.S. citizen or a legally admitted alien. 6. LIMITATION OF PAYMENT In no event shall the sum of Energy Crisis Assistance Program funds provided under this contract, during this contract period, which is made to and/or on behalf of any household exceed the actual amount needed to improve the household's energy -related crisis problem or four hunded and no/100 dollars ($400.00), whichever is less. In determining the level of assistance provided to eligible applicants, consideration should be given to other assistance provided under Home,Energy Assistance Program or any other local energy assistance program. 7. ALLOWABLE ASSISTANCE A. Only the following types of assistance may be provided with the funds provided under this contract: (1) payment to vendors and suppliers of fuel/utilities, goods, any+ other services for past due or current bills related to the procurement of energy to heat/cool a residence; (2) the establishment of payment plans•with'fuel/utility vendors for the benefit of eligible households; (3) where necessary to prevent undue hardships or extreme heelth dangers from an energy crisis, the direct issuance of voucher disbursement to provide immediate emergency deliveries of fuel, temporary shelter, Pnergency repairs of housing such as patching a roof, replacing broken windows, medicine or other like supportive services are allowable. In no event shall the immediate emergency deliveries of fuel or purchases of portable heating/cooling units exceed $150, and the other types of emergency Page 2 of 3 assistance described in this section shall not exceed SF0 per household for the duration of the period of this contract. These emergency funds, whether for emergency fuel deliveries or purchases of portable heating/cooling units with a limit of $150, or the other emergencies described that have a S50 limit, shall be considered part of the households allowable $400. Funds for this program shall not be used to weatherize homes, and the emergency repairs allowed per household shall not be extensive enough to be considered weatherization; and (4) payment for repair of heating/cooling units of whatever variety, if such repair is absolutely necessary to assure heatinq/coolingg for the household, and, provided such repair does not exceed the $400 limit and such repair would ensure the restoration of the flow of heat/air to the householH. Funds provided under this contract in an amount not to exceed $a04 may be matched with other funds to assure such heat/air flow be restored for an eligible household. B. Contractor must ensure for each recipient of assistance that: (1) reconnection of utilities and/or delivery of fuel is made promptly upon certification of payment; (2) for any remaining balance on the household's utility or fuel hill, Contractor has negotiated with the service provider for the household to be allowed a deferred payment assignment or a level payment plan; (3) a reconnection fee will be paid only in line with the registered tariff filed with the Public Utility Commission/Railroad Commission. and payment cannot exceed that stated tariff cost. Contractor will nenotiAte to have the reconnection costs reduced to the actual lahnr and material costs and to assure that no penalties are assessed for delinquency in payments; and (4) no security deposit is required to be paid except when such a deposit is required by state law or is listed as an approved cost in the tariff filed with the Public Utility Commission/Pailroad Commission, and, where required by law or tariff or regulation such deposit is included in a deferred payment arrangement. These payments may be made but Contractor must ensure this money is not paid back to recipient. S. LANDLORDS/RENTERS Payments may be made to landlords on behalf of eligible renters who pay their utility and/or fuel bills indirectly. Contractor shall ensure that owners and renters are treated equitably under this contract. 9. LEVEL OF ASSISTANCE Contractor shall ensure that the highest level of assistance will he furnishd to those households which have the lowest incomes and the highest energy costs in relation to income, taking family size into account. Page 3 of 3