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HomeMy WebLinkAboutResolution - 3782 - Contract - TDHCA - Low Income Persons Crisis. Best Scan Possible - 12_19_1991Resolution No. 3782 December 19, 1991 Item #20 DGV:da RESOLUTION 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 and all related documents during the effective dates of the Contract, by and between the City of Lubbock and the Texas Department of Housing and Community Affairs for energy crisis intervention for low income persons, 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 19th day of December , 1991. C C. McM NN, OR ATTEST: q_te uoya, city Secrenry APPROVED AS TO CONTENT: David Ellison, Assistant City Manager APPROVED AS TO FORM: uuRraia b. vanaiver, virs Assistant City Attorney Resolution No. 379Z December 19, 1991 ENERGY CRISIS PROGRAM Item #20 NOVEMBER 1, 1990 - SEPTEMBER 30, 1991 I. Total Amount of Grant: $80,188.00 Total Amount Expended: $79,944.97 Total Amount Unexpended: 243.03 II. Assistance by Priority: Elderly: 29 Elderly Handicapped: 17 Handicapped: 41 Families with small children: 283 Other 298 Total 668 III. Assistance by Racial/Ethnicity Anglo: 137 Black: 168 Hispanic: 359 Other: 4 Total 668 IV. Area of Assistance: City: 558 County: 110 Total 668 V. Assistance by Utility Company Lubbock Power and Light 391 Energas 294 Southwestern Public Service 94 South Plains Electric Cooperative 41 Other 11 Total 831* * This section is duplicated. VI. Amount by Utility Company Lubbock Power and Light $36,738.71 Energas $28,361.89 Southwestern Public Service $ 9,548.91 South Plains Electric Cooperative $ 4,096.44 Other $ 1,199.02 Total $79,944.97 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT A PERFORMANCE STATEMENT ENERGY CRISIS PROGRAM CONTRACT NO. 592048 WITH CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT ACTIVITIES DESCRIPTION NUMBER OF NUMBER OF HOUSEHOLDS PERSONS SERVED SERVED 1. Contractor shall develop an Energy 285 1,425 Crisis Program for low-income residents of the geographic area referenced in Section 3 of this contract providing assistance in the following areas: Utility Assistance 233 1.163 Temporary Shelter 10 50 Emergency Fuel Delivery 15 75 Purchase of Portable Heating and Cooling Units 5 30 Evaporative Water Cooler Operating Costs 10 50 2. Contractor shall maintain in its files supporting documentation satisfactory to Department of activities conducted pursuant to this Exhibit A. PAGE 1 OF 1 ECP/Rev. 9/91 Disc #3 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT B BUDGET ENERGY CRISIS PROGRAM CONTRACT NO. 592048 WITH CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT BUDGET FFY '92 SFY '92 CATEGORY 1IHEAL STRIPPER WELL TOTAL Administration (6.25%).......... $ 2,924 .......$ (DNA) ..........$ 2,924 Direct Services .................$ 22.970 .......$ 20.882 ..........$ 43,852 100% Total ......................$ 25.894 .......$ 20,882 ..........$ 46,776 NOTES: Administrative costs -- salaries (including outreach/intake workers), fringe benefits, travel, equipment, supplies, audit and office space -- are limited to 6.25% of the contract expenditures. No administrative expenses of an organization shall be charged to Direct Services. Department's prior written approval for purchase or lease of equipment with acquisition cost of $5,000 and over is required. Approval of this budget does not constitute prior approval. Availability of budgeted funds is controlled by SECTION 4A. DEPARTMENT OBLIGATIONS of this contract. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy -related home repairs) of any building or facility. PAGE 1 OF 1 ECP/Rev. 9/91 Disc #3 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 592048 FOR THE FY 1992 ENERGY CRISIS PROGRAM SECTION 1. PARTIES TO THE CONTRACT This contract is made by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas (herein the "Department") and Lily Lubbock, Community Services Department (herein the "Contractor"). SECTION 2. CONTRACT PERIOD This contract shall commence on October 1, 1991 and unless earlier terminated, shall end on September 30, 1992 (herein the "Contract Period"). SECTION 3. CONTRACTOR PERFORMANCE Pursuant to the Low -Income Home Energy Assistance Act of 1981, as amended, 42 U.S.C. sec. 8621 et seg. (herein the "LIHEAP Act") Contractor shall operate, on an equitable basis throughout Contractor's service' area, an energy crisis program (hereinafter "ECP") in accordance with all applicable state and federal regulations, and this contract, including the Performance Statement (herein Exhibit "A"), the budget (herein Exhibit "B"), and the Allowable Activities Document (herein Exhibit "C"). Contractor's service area consists of the following Texas counties: Lubbock. SECTION 4. DEPARTMENT OBLIGATIONS A. In consideration of Contractor's satisfactory performance of this contract, Department shall reimburse Contractor for the actual allowable costs incurred in the amount of: 'FY '92 Available ECP Funds: Thirty -Five Thousand Eighty -Two and no/100 Dollars ($35,082.00). B. By written notice to Contractor, Department may obligate additional funds under Section 4(A). For planning purposes only, Contractor may assume that the total award to Contractor during the Contract Period will be: 'FY '92 Anticipated ECP Funds: Forty -Six Thousand Seven Hundred Seventy -Six and no/100 Dollars ($46,776.00). C. Any decision to obligate additional funds shall be made by Department based upon factors, including but not limited to, the status of funding under grants to Department, the rate of Contractor's utilization of funds under this or previous ECP contracts, the existence of questioned or disallowed costs under this or other contracts between the parties, and Contractor's overall compliance with the terms of this contract. PAGE 1 OF 8 ECP/Rev. 9/91 D- Department's obligations under this Section are contingent upon the actual receipt by Department of funds from the U.S. Department of Health and Human Services and the Office of the Governor of the State of Texas. Department acknowledges that it has received obligations from those sources, which, if paid, will be sufficient to pay the allowable costs incurred by Contractor under this contract. E. Contractor shall plan for the provision of ECP services through March 15th of the contract period utilizing no more than 75% of the funds received under this Contract. The remaining 25% of the funds are reserved for ECP services after March 15. F. Department is not liable for any cost incurred by Contractor which: (1) is subject to reimbursement by a source other than Department; (2) is for performance of services or activities not authorized by the LIHEAP Act, or which is not in accordance with the terms of this contract; (3) is not reported to Department on an ECP Monthly Funding/Financial/Performance Report within ninety (90) days following the termination of this contract; or, (4) is not incurred during the Contract Period. SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. For each month of the Contract Period, Contractor may request an advance payment by submitting to Department at its offices in Travis County, Texas, no later than the twentieth (20th) day of the month prior to the month for which advance payment is sought, a properly completed ECP Monthly Funding/Financial/Performance Report and a State of Texas Purchase Voucher for an amount not to exceed Contractor's actual cost needs for the month for which such advance is sought. B. Contractor's requests for advances shall be limited to the minimum amount needed for the effective performance of this contract, and shall be timed as closely as possible to coincide with Contractor's actual immediate cash requirements. Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from Department to Contractor and the disbursal of such funds by Contractor. C. Department reserves the right to utilize a cost reimbursement method of payment if (1) Contractor maintains excessive cash balances or request advance payments in excess of thirty (30) days need; (2) Department identifies any deficiency in the internal controls or financial management system used by Contractor; (3) Contractor violates any of the terms of this contract; or (4) Department's funding sources require the use of a cost reimbursement method of payment. D. Contractor shall refund, within fifteen (15) days of Department's request, any sum of money paid to Contractor by Department which Department determines (1) has resulted in an overpayment to Contractor or (2) has not been spent strictly in accordance with terms of this contract. Department may offset or withhold any amounts otherwise owed to Contractor under this contract against any amount owed by Contractor to Department arising under this contract. PAGE 2 OF 8 ECP/Rev. 9/91 E-. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible recipients of the Energy Crisis Program and for allowable administrative expenditures. SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS Except as specifically modified by law or the terms of this contract, Contractor shall comply with the cost principles and uniform administrative requirements set forth in the Uniform Grant and Contract Management Standards for State Agencies, 1 T.A.C. §§ 5.141 al = . (herein the "Uniform Grant Management Standards") provided that all references therein to "local government" shall be construed to mean Contractor. SECTION 7. ALLOWABLE ADMINISTRATIVE EXPENDITURES Administrative costs incurred by Contractor in carrying out this contract shall be allowable up to a maximum of 6.25% of the total allowable contract expenditures within the Contract Period. Contractor shall pay from non-federal sources the remaining costs of planning and administering the program assisted under this contract. SECTION 8. TERMINATION AND SUSPENSION A. Department may terminate this contract, in whole or in part, at any time Department determines that there is cause for termination. Cause for termination includes but is not limited to Contractor's failure to comply with any term of this contract. Department shall notify Contractor in writing at least thirty (30) days before the date of termination. B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend Contractor's performance of this contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Contractor's performance. Suspension shall be a temporary measure pending either corrective action by Contractor or a decision by Department to terminate this contract. C. Notwithstanding any exercise by Department of its right of termination or suspension, Contractor shall not be relieved of any liability to Department for damages due to Department by virtue of any breach of this contract by Contractor. Department may withhold any payment due to Contractor until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. D. Department shall not be liable for any costs incurred by Contractor after termination or during suspension of this contract. SECTION 9. CHANGES AND AMENDMENTS Any change in the terms of this contract required by a change in federal or state law or regulation is automatically incorporated herein effective on the date designated by such law or regulation. Except as otherwise specifically provided herein any other change in the terms of this contract shall be an amendment in writing and signed by both parties. PAGE 3 OF 8 ECP/Rev. 9/91 SEtTION 10. DEPARTMENT ISSUANCES Department may issue regulations or policy directives which serve to establish Contractor eligibility or interpret and clarify the terms of this contract. Such regulations or policy directives shall be issued by Department in the form of ECP Issuances. Issuances shall not alter the terms of this contract so as to relieve Department of any obligation to reimburse an allowable cost incurred by Contractor prior to the effective date of the Issuance or 5 days after such Issuance is mailed or delivered to Contractor, whichever is later. All ECP Issuances promulgated by Department, whether before or after the execution of this contract, shall govern the performance of this contract until specifically rescinded by Department. SECTION 11. MONITORING Department or its designee may conduct on and off -site monitoring and evaluation of Contractor's compliance with the terms of this contract. Department's monitoring may include a review of the efficiency, economy, and effectiveness of Contractor's performance. Department will notify Contractor in writing of any deficiencies noted during such monitoring. Department may provide training and technical assistance to Contractor in correcting the deficiencies noted. Department may require or suggest corrective action to remedy deficiencies noted in Contractor's accounting, personnel, procurement, and management procedures and systems. Department may conduct follow-up visits to review the previously noted deficiencies and to assess the efforts Contractor has made to correct them. Department may terminate or suspend this contract or invoke other remedies Department determines to be appropriate in the event monitoring uncovers material deficiencies in Contractor's performance or if Contractor fails to correct any deficiency within a reasonable period of time. SECTION 12. RETENTION AND ACCESSIBILITY OF RECORDS .A. Contractor shall maintain fiscal records and supporting documentation for all expenditures made under this contract in accordance with the retention and custodial requirements for records set forth in the Uniform Grant Management Standards, Common Rule §_ .42. B. Contractor shall maintain a client file system to document direct services rendered. Each ECP client file shall contain the following: 1. Department's ECP Client application; 2. Documentation/Verification of Client Income; 3. Declaration of Income Eligibility (when required); 4. Copy of Client's Utility Bill(s); 5. Alien Status Form; and, 6. Documentation of Payment. Documentation of payment may be maintained in a separate file, but must be accessible at the site where client files are maintained. C. Contractor shall give the U.S. Department of Health and Human Services, the U.S. General Accounting Office, and Department, or any of their duly authorized representatives, access to and the right to examine and copy, on or off the premises of Contractor, all records pertaining to this contract. Such right to access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible location and to cooperate with any examination conducted pursuant to this Subsection. Contractor shall include the substance of this subsection in all subcontracts. PAGE 4 OF 8 ECP/Rev. 9/91 SECTION 13. REPORTING REQUIREMENTS A. Contractor shall submit, for receipt by Department no later than twenty (20) days after the end of each month of the Contract Period an ECP Monthly Funding/Financial/Performance Report of all expenditure of funds under this contract during the previous month. B. Contractor shall submit to Department no later than sixty (60) days after the end of the Contract Period an inventory of all equipment acquired in whole or in part with funds received under this or previous Energy Crisis Program contracts. Upon the termination or non -renewal of this Contract, Department may transfer title to any nonexpendable personal property so acquired to itself or to any other entity receiving funds under the LIHEAP Act. C. Contractor shall submit to Department no later than sixty (60) days after the termination of this contract, a final ECP Monthly Funding/Financial/Performance Report of all expenditures of funds under this contract. The failure of Contractor to provide a full accounting of funds expended under this contract shall be sufficient reason for Department to terminate this and any future contract with Contractor. D. If Contractor fails to submit, in a timely and satisfactory manner, any report or response required by this contract, Department may withhold any or all payments otherwise due or requested by Contractor hereunder. Payments may be withheld until such time as the delinquent report or response is received by Department. If the delinquent report or response is not received within forty-five (45) days of its due date, Department may suspend or terminate this contract. If Contractor receives ECP funds from Department over two or more contract periods, funds may be withheld or this contract suspended or terminated for Contractor's failure to submit a report or response (including a report of audit) past due from a prior contract period. SECTION 14. INDEPENDENT CONTRACTOR It is agreed that Department contractor. Contractor agrees or other claims which may be Contractor's performance of thi SECTION 15. SUBCONTRACTS s an independent disallowed costs connection with A. Contractor may not subcontract the performance of this contract unless it receives Department's prior written approval. Contractor shall submit to Department a signed copy of each such subcontract. Department is in no way liable to Contractor's subcontractor(s). B. Subcontractors shall comply with the terms of this contract to the same extent as if the performance rendered by the subcontractor were being rendered by Contractor. Subcontractors will be subject to monitoring and investigation by Department. PAGE 5 OF 8 ECP/Rev. 9/91 ;EQTION 16. CONFf XT OF INTEREST/NE77ISM Contractor =Tenants that neitlS - it nor any member of Its governl►��1 I�ody presently ha: ;r shall acquire _:,y intere_z, direct or indirect, which %would conflict in, ---.y manner with t`= performance of this contract. No 1'"V'son having such --erest shall be emr- i oyed by contractor or appointed as a member of Contractor-- governing body. Contractor a ---,:es that it will c=Dl y with -ex. Rev. C IV . STAT . ANN . Atli 5996 by ensuring --at no officer, -_=loyee, or member of the (governing 1410v of Contractor :::ct 1 vote or conf i r-- the empl c vment of any per :on related Iv i thi n the second �-ree by affinity or third decree by consanguinity to any "ItImber of the gove--ment body or to any other officer or employee authori:%,,l to employ or su:F--iise such person. r,. Contractor ail ensure that no employee, officer, or agent of Cont►'actor shall partic--zate in the selection, or in the award or administration of a subcontract imported by funds provided hereunder if a conflict of into►Jest real or appz---nt, would be involved. Such a conflict of interest would prise when: 1) the =employee, officer, or agent 2) any member of WS or her imu►,,,liate family 3) hi: or her partner or 4) any organization which (:mploys or i% about to employ, ar, of the above, has a financial or other interest in the I JIM or person selec:7=a to perform the subcontract. ;. Contractor's =employees, officers, and/or agents shall nelther solicit nor accept grate :ies, favors, or anything of monetary value from subconti%It tors, or potential :abcontractors. sf.CTION 17. NON ISCRIMINATION AND EQUAL OPPORTUNITY -io person shall ;n the grounds of race, color, religion, sex, national ui'Agin ow, handicap, a:;itical affiliation or belief be excluded from participatitq, in, t,e denied the=rinefits of, be subjected to discrimination under, or be kiHnied v-pioyment in t�_ administration of or in connection with any program or a(1ivity f,,n0ed in whole :- in part with funds made available under this contract. U CTION 18. LEG;,- AUTHORITY f.'cntractor ri:resents that it possesses the legal authority to enter into this contract an: to perform the services Contractor has obligated itsulr to ?t�form here --der. :erson :---ning this contract on behalf of Contractor hereby warrant that was :_en duly authorized by Contractor to execut(: this cont►•,%, } on °f Cc- tractor and to bind Contractor to the terms hers f n set forth, =':11 have the right to suspend or terminate thi : contract if there �4 to thto author"" tenter eal a ofr the ocontract :ontractas into ortoContractor render erfo► i�1arson p ances -.ntractor is liable to .e__rtment for any money it has rukaived -nt for performance of -n' a provisions of this contra( t if -suspended or terminates .his contract for reasons enumeralt,d in PAGE 6 C= 8 SE-CTION 19. AUDIT A. Contractor shall arrange for the performance of a financial and compliance audit of the funds received under this contract. The audit shall be made in accordance with the Single Audit Act of 1984, 31 U.S.C. sec 7501 et sea. (herein the "Audit Act"), and OMB Circular No. A-128, "Audit of State and Local Governments", 50 Fed. Reg. 19,114 (May 6, 1985). Where a contract is awarded for audit services, the contract shall include a reference to the Audit Act and OMB Circular A-128. Contractor shall take such action to facilitate the performance of the audit(s) conducted pursuant to this Section as Department may require. B. Contractor shall submit three (3) copies of the report of such audit to Department no later than one hundred eighty (180) days after the end of the audit period. Audits performed under this Section are subject to review and resolution by Department or its authorized representative. C. Contractor shall take immediate appropriate corrective action after issuance of the audit report in instances of material noncompliance with laws, regulations or this contract. Contractor shall be liable to Department for any costs disallowed pursuant to financial and compliance audits(s) of funds received under this contract. Reimbursement to Department of disallowed costs shall be paid by Contractor from funds which were not made available to Contractor under any contract with Department. SECTION 20. POLITICAL AND SECTARIAN ACTIVITY PROHIBITED A. No funds received by Contractor hereunder may be used for any political activity including, but not limited to, any attempt to influence the outcome of any election or the passage or defeat of any legislation or appropriation. B. No funds received by Contractor under this contract may be used, either directly or indirectly, to support any religious or anti -religious activity. SECTION 21. PREVENTION OF WASTE, FRAUD, AND ABUSE A. Contractor shall establish, maintain, and utilize systems and procedures to prevent, detect and correct waste, fraud and abuse in activities funded under this contract. The systems and procedures are to address possible waste, fraud and abuse by Contractor, its employees, recipients, vendors and administering agencies. Contractor's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by Department. B. Contractor shall give Department complete access to all of its records, employees, and agents for the purposes of any investigation of the Energy Crisis Program. Contractor shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse in the Energy Crisis Program. C. Contractor may not discriminate against any employee or other person who reports a violation of the terms of this contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is made in good faith. PAGE 7 OF 8 ECP/Rev. 9/91 SECTION 22. MAINTENANCE OF EFFORT Funds provided to Contractor under this contract may not be substituted for funds or resources from any other source nor in any way serve to reduce the funds or resources which would have been available to or provided through Contractor had this contract never been executed. SECTION 23. NO WAIVER Any right or remedy given to Department by this contract shall not preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time. SECTION 24. SEVERABILITY If any portion of this contract is held to be invalid by a court or administrative tribunal of competent jurisdiction, the remainder shall remain valid and binding. SECTION 25. ORAL AND WRITTEN AGREEMENTS All oral and written agreements between the parties relating to the subject matter of this contract have been reduced to writing and are contained in this document and the exhibits attached hereto. SECTION 26. EXHIBITS the exhibits identified below are hereby made a part of this contract: (1) Exhibit A, Performance Statement (2) Exhibit B, Budget (3) Exhibit C, Allowable Activities Document. Signed this 19th day of December , 1991. APPROVED AS TO CONTENT: �SS, { David Ellison, Assistant City Manager APP VED AS TO FORM: 6dRii ld G. Vandiver, irst Assistant City Attorney. CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT e BY: (!�. &Z : . C. "Peck" Minn, Mayor TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS RYM Richard Moya, Acting Executive Director This contract is not effective until signed by the Executive Director of Department or his designee. PAGE 8 OF 8 ECP/Rev. 9/91 EXHIBIT C ALLOWABLE ACTIVITIES DOCUMENT ENERGY CRISIS PROGRAM IT PROGRAM GUIDELINES A. Definitions The primary intent of this program is to make funds available to enable the Contractor to respond to energy crises affecting low-income households. The term energy crisis means weather -related and supply shortage emergencies, and other household energy -related emergencies. Under this program, a household is not entitled to a certain preset amount of assistance. For this program, the term household means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent. In order for a household to receive ECP assistance, the household must meet all three of the following criteria: -- Have a bona fide energy crisis; -- Have a gross annual income which is less than 110% of the current Poverty Income Guidelines; and -- Have at least one U.S. citizen or legally -admitted alien residing in the household. A bona fide emergency energy crisis exists when extraordinary events or situations have depleted or will deplete household financial resources and/or have created problems in meeting basic household expenses, particularly bills for energy so as to constitute a threat to the health or well-being of the household, particularly the elderly, the handicapped, or very young children. NOTE: A utility termination notice ALONE does not constitute an energy All clients shall be provided the opportunity to make an application for ECP services and shall be provided a copy of the ECP Information Sheet. B. Priority Priority shall be given to eligible households containing one or more persons age 60 or above and/or a handicapped individual. Priority is demonstrated via special documented outreach efforts to these populations. Department will monitor Contractor on these efforts. Handicapped person means any individual (1) who is a handicapped individual as defined in section 7 (6) of the Rehabilitation Act of 1973, (2) who is under a disability as defined in section 1616 (a)(3)(A) or 233 (d)(1) of the Social Security Act or in section 102 (7) of Construction Act, or (3) who is receiving benefits under Chapter 11 or 15 Title 38, United States Code. PAGE 1 of 8 ECP/Rev. 9/91 The term handicapped is clarified to mean an individual who is unable to engage in any substantial employment by reasons of any medically determinable physical or mental condition which can be expected to last for a continuous period of not less than twelve months (or in the case of a child under the age of 18, if he/she suffers from any medically determinable physical or mental impairment or comparable severity). Handicapped also means an individual who has attained the age of 55 and is blind and who by reason of such blindness is no longer able to be employed in the field previously engaged. Mental impairment means a disability attributable to mental retardation, cerebral palsy, epilepsy, or another neurological condition of any individual closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals. C. Residence Requirement In order to be eligible for this program, the household must contain a U.S. citizen or a legally -admitted alien. D. Serving Renters For those renters who have a separate meter or who pay their utility and/or fuel bills separate from the rent, the provisions set by this plan for nonrenters apply. For those renters who pay heating and utility bills as part of their rent, special efforts shall be made by the Contractor to determine the portion of the rent that constitutes the fuel and/or utility payment. Care will be exercised when negotiating with the landlords that the cost of utilities quoted is in line with the consumption for similar residents of the community. If money is paid to the landlord, then he (she) must furnish evidence that the bill has been paid. II. PROGRAM ELIGIBILITY A. Income Eligibility Guidelines Funds available for recipients under the Energy Crisis Program shall be for households having an energy crisis as described above and that have an income less than 110% of the current Poverty Income Guidelines as issued by the Secretary of Planning and Evaluation, U.S. Department of Health and Human Services. As the Poverty Income Guidelines are updated, this program will follow the most current published guidelines. Income refers to total annual cash receipts before taxes from all sources. Income is more fully described in the current Poverty Income Guidelines (See Appendix B). Income data for a part of a year is to be annualized in order to determine eligibility. Each local Contractor should determine the method of annualizing most appropriate to that locality and the contract period. During a contract period, a combination of methods may not be utilized. PAGE 2of8 ECP/Rev. 9/91 — — B. Determination of Income Proof of income will be required. Such proof may consist of checks, check stubs, award letters, employee statements, etc., showing the gross monthly income, if any. In the exceptional case when proof of income is unavailable, an applicant must sign a declaration of income statement. In such cases, local Contractor will make documented verification of income eligibility. Verifying income means confirming the correctness of the household's income report on the application through some source other than the applicant's statement. Verification may not be from another member of the applicant's household. Verification efforts shall be completed by the end of the next working day from when the declaration of income eligibility statement was provided. C. Income Disregard Payments made under this program are not to be considered as income for the purpose of determining eligibility or benefits under any income maintenance program, including, but not limited to, public assistance, veteran benefits, food stamps, etc. D. Benefit Levels In no event shall the sum of all ECP assistance provided for the contract year made to, or on behalf of, any household exceed the actual amount needed to ameliorate the household's energy -related crisis or $400, whichever is less, under this Energy Crisis Program. In order to assure that the highest level of assistance will be furnished to those households which have the lowest incomes and highest energy costs, taking into account family size, the Energy Crisis payments will be based on the following plan: HOUSEHOLDS WITH INCOMES OF• 0-50% of Poverty 51-80% of Poverty MAXIMUM ALLOWABLE ASSISTANCE Households would receive amount needed to solve crisis up to an amount not to exceed $400. Households would receive amount needed to solve crisis up to an amount not to exceed $380. 81-to less than 110% of Poverty Households would receive amount needed to solve crisis up to an amount not to exceed $360. Contractor may not establish lower local limits of assistance. PAGE 3 of 8 ECP/Rev. 9/91 Ill. PROGRAM ASSISTANCE A. Allowable Assistance Only the following types of assistance may be provided with the funds provided under the ECP contracts: (1) Payment to vendors and suppliers of fuel/utilities, goods, and other services for past due or current bills related to the procurement of energy to heat/cool a residence; (2) Where necessary to prevent undue hardships or extreme health dangers from an energy crisis, the direct issuance of voucher disbursement is allowable to provide: -- Temporary shelter not to exceed $150 per household for the duration of the contract period in the limited instances that inoperable heating/cooling appliances or supply of power to the dwelling is disrupted causing temporary evacuation of household members. Payments shall not be made for rent or mortgages; -- Emergency deliveries of fuel not to exceed $150 per delivery per household; and, -- Purchase of portable heating/cooling units not to exceed $150 per household for the duration of the contract period. These emergency funds, whether for emergency fuel deliveries or purchase of portable heating/cooling units with a limit of $150 or temporary shelter with a limit of $150, shall be considered part of the total maximum household allowable assistance. Funds for this program shall not be used to weatherize dwelling units. for fines assessed to clients. (3) Payment for repair of heating/cooling units of whatever variety, if such repair is absolutely necessary to assure heating/cooling for the household, and, provided such repair does not exceed the household maximum allowable limit and such repair would ensure the restoration of the flow of heat/air to the household. Funds provided under this contract in an amount not to exceed the household maximum allowable limit may be matched with other funds to assure such heat/air flow be restored for an eligible household. PAGE 4of8 ECP/Rev. 9/91 (4) The payment of water bills is an allowable cost only when such costs include expenses from operating an evaporative water cooler unit or when the water bill is an inseparable integral part of a total utility energy bill. As a part of the intake and eligibility determination process, outreach or other contractor staff shall confirm that the evaporative cooler(s) is(are) properly connected and has been in operation cooling the household's dwelling within 60 days prior to client application. Contractor shall negotiate with the utility providers to pay only the energy portion of the bill, whenever possible. (5) Purchase, lease, or repair of butane or propane tanks as well as the gas lines associated with the tanks not to exceed the household's maximum allowable assistance and if such service ensures the flow of heat to the household. (6) A reconnection fee will be paid only in line with the registered tariff filed with the Public Utility Commission and/or Texas Railroad Commission, and payment cannot exceed that stated tariff cost. The contractor will negotiate to have the reconnection costs reduced to the actual labor and material costs and to assure that no penalties are assessed for delinquency in payments; and, (7) 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 and/or Texas Railroad Commission, and where required by law or tariff or regulation such deposit is included in a deferred payment arrangement. If such security deposit is to be eventually returned to client, it cannot be paid. Contractor will make every effort to keep the level of assistance provided to a household to the minimum required for addressing immediate energy crisis needs. While utility/fuel rates and repair charges may vary from vendor to vendor, Contractor will negotiate for the lowest payment possible to be commensurate with the crisis. Funds expended under this program must meet the criteria of addressing only energy crisis needs. The Contractor must ensure in each case where payment is certified that: -- Reconnection of utilities and/or delivery of fuel is made promptly upon certification for payment; and -- For any remaining balance, the contractor the service provider for the customer to be payment assignment or a level payment plan. PAGE 5 of 8 ECP/Rev. 9/91 has negotiated with allowed a deferred Payment may be made to landlords on behalf of eligible renters who pay their utility and/or fuel bills indirectly. Contractor shall notify each participating household of the amount of assistance paid on its behalf. Such notification_ shall be documented. Contractor shall maintain proof of utility or fuel bill payment. B. Time Limits for Assistance Contractor shall ensure that they will: -- Not later than 48 hours after a household completes the application process for energy crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits; and -- Not later than 18 hours after a household completes the application process for crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits and is in a life -threatening situation. For clients who have already lost service or are in immediate danger of loss of service, the 48-hour time limit (18 hours in life -threatening situations) will commence upon completion of the application process. Once an application has been accepted by a agency representative and the client interview has been terminated, the application process is considered to be complete. The contractor must maintain written documentation in the client file that the crisis was averted by the appropriate time deadline. Examples: If agency staff calls a utility vendor to either restore the utility or delay a cut-off of the utility, the call should be documented in the client file stating 1) who made the call, 2) on what date the call was made, 3) who was called, and 4) what action was taken. If an emergency voucher (or check) is issued to a vendor to provide alternative shelter or to purchase a portable heating or cooling unit, a dated and signed copy of the voucher (or check) should be in the client file. Contractor does not have to deliver a check to the applicant or fuel vendor within these deadlines. The intent is to ensure that individuals who are in life threatening situations receive care and the crisis is averted. Noncash assistance will satisfy these standards as long as the assistance is received by the client within the deadlines specified in the statute. Examples of energy -related crisis intervention include space heaters, alternative shelter, payments, flexible arrangements with utility providers, and resolution of the crisis through means which result in the immediate provision of essential energy. Contractor will be considered in compliance with this provision as long as the crisis is averted by the deadline. - PAGE 6 of 8 ECP/Rev. 9/91 Contractor shall: (1) Accept applications for energy cris_ benefits at sites that are geographically accessible to all hour=.old in the area to be served; and (2) Provide to low-income individuals u-o are physically infirm the means to: -- Submit applications for energy -isis benefits without leaving their residences; or -- Travel to the sites at which such _aplications are accepted. In order to fulfill the requirements o= '1), at a minimum, Contractor must take ECP applications monthly - every county served on a nreannounced basis. In order to ful l the requirements of (2), Contractor may take the information on ge 1 of the application form over the telephone, or make a home v-:_it to the applicant. If an applicant appears to meet the income an residency requirements, then Contractor must either 1) make a home vi;'t to the applicant to complete the application or 2) arrange for trans:;rting the applicant to a site where the application can be completed. The preceding shall not apply to a :rogram in a geographical area affected by a natural disaster in :7e United States designated by the Secretary, or by a major disaste- or emergency designated by the President under the Disaster Relief_ of 1974, for so long as such designation remains in effect, if th= Secretary determines that such disaster or such emergency makes c.=liance with such provisions impracticable. ALS PROCESS =Dliance with the Low -Income Home Enerc Assistance Act and State law, rtment will provide an opportunity for z =air administrative hearing to V1duals whose application for assistance -s denied or not acted upon in -eiy manner by: :-,forming individuals of their rights ;x a hearing if they are denied 1 iSlftanl'n nv, +hn vonitnc+ idec nn+ a +_ter nnnn — +imnly menn^w k- :' sting such information on the appli:_7ion form and ECP Information Jiring each ECP contractor to develor written procedures for review :enials of services. Such procedures will be on file at the 'factor level and will be reviewed :wring monitoring visits. These "-e ores will be made available in Spa'tish if determined necessary by or the local contractor; and "9 for appropriate appellate rev-=_w of adverse determinations by a • 'nx PAGE 7 OF 8 VT OUTREACH & COORDINATION Contractor shall document and provide outreach activities designed to assure that eligible households, especially households with elderly and/or handicapped, are made aware of the Energy Crisis program and any similar energy -related assistance programs. Outreach activities shall include activities as listed below or other activities which serve the purpose of advertising the availability of ECP assistance to eligible households, especially households with elderly and/or handicapped members. -- News releases -- Announcements at meetings or published in newsletters -- Notices provided to other social service agencies -- Flyers distributed -- Referral arrangements with energy supplier/vendors -- Home visits In order to achieve compliance with Public Law 97-35 Title XXVI, contractor is to coordinate with other energy related programs. Specifically, contractor is to make referrals to the local Weatherization Assistance Program contractor. Department will continue to develop interagency collaboration with other low-income program offices to perform outreach to targeted groups. The Contractor are held responsible for all intake, eligibility and Energy Crisis activities. The Energy Crisis Program is administered through a network of 56 Contractor providing services to all 254 counties in the State. The Contractor and their field offices are able to accept ECP applications at sites that are geographically accessible to all households requesting assistance. Because ECP Contractor are community based organizations, intake services through home visits to the disabled and/or the elderly are available. PAGE 8 OF 8 ECP/Rev. 9/91 Page 1 of 8 ATTACHMENT 2 GRANT PROPOSAL EVALUATION FORM COVER SHEET GRANT NAME: Energy Crisis Program GRANT AGENCY: Texas Department of Communitv Affairs GRANT FISCAL PERIOD: 11-1-90 to 10-30-91 MONTH/DATE/YEAR TO MONTH/DATE/YEAR CITY DEPARTMENT/INDIVIDUAL PREPARING GRANT: Sylvia A. Martinez (Whom to contact in case of questions) APPROVALS: DEPARTMENT HEAD ASSISTANT CITY MANAGER OR CHIEF OF POLICE BUDGET AND RESEARCH DIRECTOR DEPUTY CITY MANAGER Upon completion of approvals, return to: DATE DATE DATE @ A DATE Sylvia A. Martinez / Community Services by INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE A25-1 page 2 of 8 CITY OF LUBBOCK GRANT PROPOSAL EVALUATION FORM INSTRUCTIONS• This form must be completed and signed by the appropriate individuals in order for a grant application to be evaluated and approved by the City Manager. 1. State, as clearly as possible, the goals and objectives of the proposed project for which a grant is being sought. The Energy Crisis Program is designed to assist individuals in an Energy Crisis situation with utility assistance to restore utility service or to prevent loss of utility service. Through Community Involvement, Project Help, Inc. has provided local utility assistance funding to the department in order to assist clients who do not meet the state guidelines. A. Is this the fulfillment of an identifiable community (Lubbock) goal? If so, list the source of the identified goal. Yes. Alliance for the 90's Community Needs Assessment. B. Is this the fulfillment of an identifiable community (Lubbock) need? If so, please provide quantifiable data (studies, etc.) that illustrate the community need and how this grant will meet that need: Yes. Approximately 12% of the population is low-income within Lubbock County, of these many are in need of utility assistance of which the grant may provide assistance. A25-2 page 3 of 8 2. List at least three measures by which City Staff and City Council might be able to evaluate the program in order to determine that it has reached the goals and objectives described in Question 1. - Ensure that the elderly, handicapped, and families with small children meeting the requirements are assisted with utility assistance. - Inform clients applying for utility assistance with energy saving information. - Ensure that community contributions through Project Help are utilitized by the department for utility assistance clients. 3. Will this program benefit the Lubbock community as a whole? If not, please provide a detailed profile of the individuals or groups that will benefit from the program. No. Only families with an energy crisis and meet income guidelines and must be experiencing an energy crisis. 4. Are other agencies (other than the City of Lubbock) available to administer this program? Yes. If so, list the agencies: Catholic Family Services Lubbock County General Assistance Neighborhood House Salvation Army A limited number of churches A25-3 Page 4 of 8 5. Are other agencies administering similar programs? If so, list the other agencies. If not, why not? Yes. Catholic Family Services Neighborhood House County General Assistance Salvation Army 6. Is the program or activity provided by this grant required by state or federal law or required as a condition of other ongoing state or federal programs? Please explain: No. ?. Does the grant require a local match? If so, in what amount? Is the match in the form of cash or an in -kind contribution? No. A25-4 Page 5 of 8 8. Is the grant for capital or operating programs? Please describe specifically what the funds will be used for (personnel, supplies, services, capital outlay, capital project, etc.). Operating (only): Personnel : 6.250 of full-time employee's salary is paid through this grant. Other: Direct utility assistance A. If the grant is for capital outlay or a capital project, will it result in ongoing City operational costs? Is so, explain in detail. a" B. If the grant is for an operating program or programs, is it a one-time grant which will result in ongoing City expenses, if the program is to be continued in the future? This grant is dependent on the availability of federal appropriation. The percentage of funding varies from year to year. A25-5 Page 6 of 8 C. Does the grant require continuation of the program, at after grant funding has expired? If so, how long will obligated to expend local funds, and in what areas? Be No. City expense, the City be specific. 9. Is the grant a one-time grant, a one-time grant with an option to renew the grant, or an on -going grant? If the grant in on -going, how many years has the grant been provided to the City, and what year does the upcoming period represent (2nd year, 5th year, etc.). If the grant has an option to renew, how often can it be renewed, and what are the terms of renewal? Please explain. This grant has been administered by the City for nine years. This will be the loth year and it is a 12 month grant. Renewal is based on Council accepting the grant, as well as federal funds available. 10. Are indirect costs reimbursed by the grant? No. A25-6 Page 7 of 8 11. Are grant audit costs reimbursed by the grant? No. 12. What is the immediate (twelve-month) impact of the grant program on City employee allocation and utilization? How will this affect their work hours, productivity, etc. on City programs and activities? 6.250 of one full-time employees salary is paid through this grant. Additional funds are provided through the Community Services Block Grant. 13. What is the long-term (five-year) financial and manpower impact of the grant program both on the community and on the City organization? See no. 14. A25-7 Page 8 of 8 14. Provide, in as much detail as possible, a 5-year Revenue and Expenditure Projection for the grant related program beginning with the current year or the first year this grant will be in effect. Show any ongoing costs to the City, even if the grant si only for one year. If the grant is renewable or ongoing, show the estimated revenues and expenditures for future years that you intend to renew/continue the grant (up to five years). Be sure to fully explain the source and type of revenues (in -kind) contribution, reimbursement of expenses, etc.) and fully explain the specific types of expenditures (payroll for 1/2 time clerk, purchase desk, capital project construction, etc.). Attach additional sheets if necessary. FOR GRANT FISCAL YEAR (FROM 11-1-91 to 9-30-92): 1992 1993 1994 1995 1996 Revenues Federal Grant 46,776 46,776 46,776 46,776 46,776 State Grant - - - - - Local Match - - - - - Other - - - - - Total Revenues 46,776 460,776* 46,776* 46,776* 46,776* FOR GRANT FISCAL YEAR (FROM 11-1-91 to 9-30-92): 1992 1993 1994 1995 1996 Expenditures Personnel 11,694 Supplies Maintenance Other Charges 35,082 Capital Outlay Capital Project Total Expenditures 46,776 11,694 11,694 11,694 11,694 35,082 35,082 35,082 35,082 461776* 46,776* 46,776* 46,766* * Dependent on funding availability A25-8