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HomeMy WebLinkAboutResolution - 4667 - Contract - TDOHCA - Comprehensive Energy Assistance Program - 11_17_1994Resolution No. 4667 November 17, 1994 Item #23 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 the Comprehensive Energy Assistance Program. Said Contract and all related documents are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this APPROVED AS TO CONTENT: ti Doug g Director of H th, Community velopment & Neighborhood Initiatives APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney i 1 C-JaCOMPENER M oodoc"ova nbw 8, 1994 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Ann W. Richards �i,� BOARD MEMBERS GOVERNOR Paul R. Rodriguez �10 It Chairman Henry Flores ^� c D(C Harvey Clemons Jr. EXECUTIVE DIRECTOR b Elizabeth Flores a Richard C. Hile so Joseph Kemp 44 Walter Martinez Judith McDonald Mary Sanger Susan Sharlot MEMORANDUM TO: Sylvia A. Martinez -Flores, Executive Director CITY OF LUBBOCK, COMMUNITY DEVELOPMENT & NEIGHBORHOOD INITIATIVES FROM: J. Al Almaguer, Program Manager Energy Assistance DATE: December 8, 1994 SUBJECT: Comprehensive Energy Asssitance Program Contract No. 595048 Enclosed is your signed copy of the above document. If you have any questions, please contact your assigned program officer. Enclosure SIGNEDLE 811 BARTON SPRINGS ROAD - SUITE 100 • P. O. BOX 13941 • AUSTIN, TEXAS 78711-3941 • (512) 475-3800 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 595048 FOR THE FY 1995 COMPREHENSIVE ENERGY ASSISTANCE 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 (the "Department") and Lubbock, City of, Community Services Department (the "Contractor"). SECTION 2. CONTRACT PERIOD Ibis contract shall commence on September 30, 1994, and unless terminated earlier, shall end on September 30, 1995 (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 sea. (the "LIREAP Act") Contractor shall operate, on an equitable basis throughout Contractor's service area, a Comprehensive Energy Assistance Program, (the "CEAP"), in accordance with the terms of this contract and all applicable state and federal regulations. Services shall include Case Management, Energy Crisis, Co -Payment, Elderly and Disabled Assistance, and Heating/Cooling Systems as further specified in the Performance Statement (Exhibit "A" ), the Budget (Exhibit "B"), and the Allowable Activities Document (Exhibit "C"). Contractor's service area consists of the following Texas counties: Lu k . 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. i Funds for FY '95 CEAP Currently Available: Thirty Five Thousand and no/100 Dollars ($35,000.00). Travel Funds for FFY 195 CEAP Training: Nine Hundred Twenty Six and no/100 Dollars ($926.00). 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: Anticipated FY '95 Funds: Three Hundred Twelve Thousand Twelve and no/100 Dollars ($312,012.00). PAGE 1 OF 10 C. Any decision to obligate additional funds or deobligate 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 Contracts utilization of funds under this or previous 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. D. Department's obligations under this Section are contingent upon the actual receipt of funds from the U.S. Department of Health and Human Services and 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. 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 LMAP Act, or which is not in accordance with the terms of this contract; (3) is not reported to Department on a Monthly Funding/Financial/Performance Report within sixty (60) 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 Austin, 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 Monthly Funding/Financial/Performance Report and a State of Texas Purchase Voucher for an amount not to exceed Contractor's actual cash 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 requests 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 terns 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 10 E. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible recipients of the Comprehensive Energy Assistance Program and for allowable administrative and case management 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 et seq. (the "Uniform Grant Management Standards") provided that all references therein to "local government" shall be construed to mean Contractor. SECTION 7. ALLOWABLE ADMINISTRATIVE/CASE MANAGEMENT EXPENDITURES Administrative costs incurred by Contractor in carrying out this contract shall be allowable up to a maximum of 7.22% of the total allowable contract expenditures excluding travel costs for training within the Contract Period. Case Management costs incurred by Contractor in carrying out this contract shall be allowable up to a maximum of 6.19% of the total allowable contract expenditures excluding travel costs for training within this contract period. SECTIONS. 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. Department may deobligate all or part of the funds provided under this contract if Contractor has not expended at least 40% of such funds within six months after the commencement date specified in Section 2 or if Contractor has not expended at least 60% of the funds within nine months after the commencement date. Contractor's failure to expend the funds provided under this contract in a timely manner may also result in either the termination of this contract or Contractor's ineligibility to receive additional funding under the Comprehensive Energy Assistance Program Act, or both. C. Nothing in this Section shall be construed to limit Department's authority to withhold payment and irmnediately suspend Contractor's performance of this contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other 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.. D. Notwithstanding any exercise by Department of its right of termination or suspension, Contractor shall not be relieved of any liability to Department for damages 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 is agreed upon or is otherwise determined. E. Department shall not be liable for any costs incurred by Contractor after termination or during suspension of this contract.. PAGE 3 OF 10 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 by amendment in writing and signed by both parties. SECTION 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 in the form of 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 five days after such Issuance is mailed or delivered to Contractor, whichever is later. All 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 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 performanceor if Contractor fails to correct any deficiency within a reasonable period of time. Department or its designee may conduct an ongoing program evaluation throughout the contract year. 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 client file shall contain the following: 1. Client application containing all Department requirements; 2. Documentation/Verification of Client Income; 3. Declaration of Income Eligibility (when required); 4. Copy of Client's Utility Bill(s); PAGE 4 OF 10 5. 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); 6. Benefits Determination Form; and, 7. Notice of Denial Form. 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 for three years in an accessible location and to cooperate with any examination conducted pursuant to this Subsection. Contractor shall include the substance of the Subsection in all subcontracts. 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 a 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 contract. Upon the termination of this Contract, Department may transfer title to any non expendable 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 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 may result in the termination of this contract and holding contractor ineligible to receive additional funds. 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 Deparunent. N 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 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. SECTION 14. INDEPENDENT CONTRACTOR It is agreed that Department is contracting with Contractor as an independent contractor. Contractor agrees to indemnify Department against all disallowed costs or other claims which may be asserted by any third party in connection with Contractor's performance of this contract. PAGE 5 OF 10 SECTION 15. SUBCONTRACTS 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. SECTION 16. CONFLICT OF INTEREST/NEPOTISM A. Contractor covenants that neither it nor any member of its governing body presently has or shall acquire any interest, direct or indirect, which would conflict in any manner with the performance of this contract. No person having such interest shall be employed by Contractor or appointed as a member of Contractor's governing body. B. Contractor agrees that it will comply with TEX. GOWT CODE ANN. ch. 573 by ensuring that no officer, employee, or member of the governing body of Contractor shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the government body or to any other officer or employee authorized to employ or supervise such person. C. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such a conflict of interest would arise when: 1) the employee, officer, or agent 2) any member of his or her immediate family 3) his or her partner or 4) any organization which employs or is about to employ, any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. D. Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. SECTION 17. NON-DISCRIMINATION AND EQUAL OPPORTUNITY No person shall on the grounds 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. LEGAL AUTHORITY A. Contractor represents that it possesses the legal authority to enter into this contract and to perform the services Contractor has obligated itself to perform hereunder. PAGE 6 OF 10 B. The person signing this contract on behalf of Contractor hereby warrants that he/she was been duly authorized by Contractor to execute this contract on behalf of Contractor and to bind Contractor to the terns herein set forth. C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to render performances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons enumerated in this Section 18. SECTION 19. DEPARTMENT/CEAP TRAINING TRAVEL A. In consideration of Contractor's staff attending in -state training events sponsored by Department, Contractor may be reimbursed for the actual costs of travel associated with attending the training event not to exceed the amount shown in section 4(Ax2). Travel expenses shall be computed as follows: Personal Car Mileage S .28 per mile Meals actual cost not to exceed S *25.00 per diem Lodging actual cost not to exceed S 55.00 per diem Other Travel Expenses actual cost not to exceed $ 50.00 per diem Airfare 1 $ Qbwestpossible) * Reimbursement for meals is allowed as follows: Breakfast up to $7.00, Lunch up to S&W, Dinner up to $10.00. B. Upon completion of the travel, Contractor shall submit to Department a Request for Payment in an amount not of exceed Departmental liabilities accrued pursuant to Subsection 4(Ax2). The Request for Payment shall be on a form specified by Department, and shall be accompained by receipts for hotel accommodations and transportation. Receipts for meals are not needed. SECTION 19. APPEALS PROCESS In compliance with the Lff1EAP Act, Contractor must provide an opportunity for a fair administrative hearing to individuals whose application for assistance is denied, or not acted upon in a timely manner by: 1) Providing written notification to applicant of denial of assistance within ten (10) days of the adverse determination which shall include written instructions of the appeals process. Applicants wishing to appeal a decision must provide written notice to Contractor within 10 days of receipt of the denial notice. 2) Requiring each CEAP Contractor to establish a written appeals procedure which shall, at a minimum, include the following provisions: a. Establish an appeals committee composed of at least three (3) persons. b. Appeals must be heard by the committee within 10 days of Contractor's receipt of the appeal. PAGE 7 OF 10 C. Tape record all appeal hearings. d. Require a majority vote to sustain the appeal and approve assistance for the applicant. e. Require a majority vote to deny the appeal and provide written notification to applicant the results of the appeal by close of business the following business day. The notification must include the applicant's right to appeal an adverse determination to the Department. f. To appeal to the Texas Department of Housing & Community Affairs, an applicant must provide an appeal request to Department in writing within 10 days of an adverse determination by Contractor. Department will review the tape recording of the hearing, the committee's decision and any other relevant information the Department requests. No oral testimony will be allowed. Department will notify all parties in writing of its decision within 30 days of the receipt of the appeal. SECTION 20. AUDIT A. Contractor shall arrange for the annual 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 seq. (herein the "Audit Act"), and OMB Circular No. A-128, "Audits of State and Local Governments", 45 CFR Part 74, Appendix J or OMB Circular No. A-133, "Audits of Instructions of Higher Education and other nonprofit Institutions", 45 C.F.R. Part 74, Appendix L Where a contract is awarded for audit services, the contract shall include a reference to the Audit Act and OMB Circular A-128 or A-133. Contractor shall take such action to facilitate the performance of the audit(s) conducted pursuant to this Section as Department may require. Audits are to be conducted in accordance with GAGAS (generally accepted government auditing standards). B. Contractor shall submit three (3) copies of the report of such audit to Department within the time limit required by the "Audit Act". Audits performed under this Section are subject to review and resolution by Department or its authorized representative after the end of the audit period. 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 21. 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. PAGE 8 OF 10 C. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loam, or cooperative agreement, Contractor shall complete and submit a Certification Regarding Lobbying form in accordance with its instructions and 45 CFR Part 93. SECTION 22. 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 Comprehensive Energy Assistance Program. Contractor shall immediately notify Department of any discovery of waste, fraud or abuse. Contractor shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud and abuse in the Comprehensive Energy Assistance 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. SECTION 23. 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 24. 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 by 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 25. 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. PAGE 9 OF 10 SECTION 26. 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 heret SECTION 27. DEBARRED AND SUSPENDED PARTIES Contractor must not make any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. SECTION 28. 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 17th APPROVED AS TO CONTENT: day of November , 1994. !Sylvia A. Martinez -Flores Manager, Community Development & Neighborhood Initiatives Linda Chamales, Assistant City Attorney CITY OF LUBBOCK COMMUNITY DEVELOPMENT & NE BORHOOD-INITAATIVES David R. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BY: Henry J ExOceive Director This contract is not effective unless signed by the Executive Director of the Department or his authorized designee. PAGE 10 OF 10 EXHIBIT A - PERFORMANCE STATEMENT COMPREHENSIVE ENERGY ASSISTANCE PROGRAM CONTRACT NO. $95048 WITH CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT PAGE 1 OF 1 595048 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT B - BUDGET COMPREHENSIVE ENERGY ASSISTANCE PROGRAM CONTRACT NO.595048 WITH CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT BUDGET CATEGORY FUNDS Administration $ 2,527.00 Case Management $ 2,167.00 Direct Services $ 30,306.00 TOTAL $ 35,000.00 Training Travel Allowance $ 926.00 DIRECT SERVICES FUNDS Energy Crisis $12,122.40 40% Co -Payment $9,091.80 30% Elderly Assistance $2,121.42 7% Heating/CoolingHeating/Cooling Systems $6,970.38 23% Total Direct Services $30,306.00 100% Administrative costs, salaries, fringe benefits. non -training travel, equipment, supplies, audit and office space are limited to 7,22% of the contract expenditures. Case Management costs are limited to 6,19% of the contract expenditures excluding Training Travel costs. •• Contractor may adjust dollar amounts within the following components at levels not to exceed 10 % of said components: Energy Crisis (may not exceed 40% of Direct Service Dollars emended), Co -Payment, Elderly, and Heating/Cooling Systems. May allocate up to 40% of the Direct Services allowance. 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 budget funds is controlled by SECTION 4(A), DEPARTMENT OBLIGATIONS, of this contract. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or facility. PAGE 1 OF 1 EXHIBIT C ALLOWABLE ACTIVITIES DOCUMENT COMPREHENSIVE ENERGY ASSISTANCE PROGRAM I. PROGRAM GUIDELINES A. DEFINITIONS The primary intent of this program is to make funds available to enable Contractor to respond to energy needs affecting low-income households. Under this program, a household is not entitled to a preset amount of assistance. The term "household" means any individual or group of individuals who live together as one economic unit and customarily purchase residential energy in common or who make undesignated payments for energy in the form of rent. In order for a household to receive assistance through the Comprehensive Energy Assistance Program, the household must meet the following criteria: Have a gross annual income that does not exceed 125% of the current Poverty Income Guidelines. Contractor shall provide all potential clients the opportunity to make an application for the Comprehensive Energy Assistance Program. B. PRIORITY Contractor should give priority to eligible households containing one or more persons age 60 or above, a disabled individual, and families with young children six years of age and under. Contractor demonstrates adherence to these priorities by documenting special outreach efforts directed at these populations. Department will monitor Contractor on these efforts. Priority shall be given to households with the lowest incomes that pay a high proportion of their incomes for the energy. The term disabled may include individuals who are 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 (12) months. C. SERVING RENTERS The provisions set by this plan for non -renters also apply to those renters who have a separate meter or who pay their utility and/or fuel bills separately from the rent. For those renters who pay heating and utility bills as part of their rent, Contractor shall make special efforts to determine the portion of the rent that constitutes the fuel and/or utility payment. Contractor shall exercise care when negotiating with the landlords so the cost of utilities quoted is in line with the consumption for similar residents of the community. If Contractor pays the landlord, then the landlord must furnish evidence that he/she has paid the bill. A. INCOME ELIGIBILITY GUIDELINES Contractor should only distribute available funds under the Comprehensive Energy Assistance Program to households needing energy related assistance and having an income that does not exceed 125% of the current Poverty Income Guidelines as issued by the Secretary of Planning and Evaluation, U.S. Department of Health and Human Services. PAGE 1 OF 9 When 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. Contractor shall annualize income data for a part of a year in order to determine eligibility. Each Contractor shoulddetermine the method of annualizing most appropriate to that locality and abide by that method only for all recipients equally through the end of the contract period. During a contract period, a Contractor may not utilize a combination of income calculation methods. All households at or below 125% of the Federal Poverty Level will be afforded access to the program. This applies to all components. There are no categorically eligibility options. All applicant households will be determined eligible according to the income guidelines and program procedures. Benefits determinations includes the household's income, the household size, the energy consumption and/or the vulnerablility of the household and the availability of finds. B. DETERMINATION OF INCOME Applicants must submit proof of income. 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, Contractor will verify income eligibility, through some source other than the applicant's statement. Another member of the applicant's household may not provide this verification. 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 considered income for the purpose of determining eligibility or benefits under any income maintenance program, including, but not limited to, food stamps, gifts, loans, sale of property, tax refunds, lump -sum inheritances, one-time insurance payments, or compensation for injuries. Governmental restitution payments are not considered income for the purpose of determining eligiib q or benefits under this program. III. PROGRAM ASSISTANCE A. ASSISTANCE Contractor may only provide the following types of assistance with funds from the Comprehensive Energy Assistance Program contract.. 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 for heating and cooling needs of the residence. 2. Assist households in developing goals for self-sufficiency through case management. This may involve coordination of resources, referrals to other programs, and client involvement in developing an energy co -payment plan. Priority must be given to co -pay clients. Others may receive case management services if funds are available after serving co -pay clients. PAGE 2 OF 9 3. Provide utility assistance to low-income elderly and disabled most vulnerable to the high cost of energy for heating and cooling needs of the residence. 4. Replacing/retrofitting/repair of household heating and cooling systems if needed. All replacement units must comply with minimum standard for energy efficiency 5. Provide assistance for an energy related crisis. 6. Contractor may pay water bills only when such cost include expenses from operating an evaporative water cooler unit or when the water bill is an inseparable part of a utility bill. As a part of the intake process, outreach and coordination, contractor shall confirm that a client owns a properly connected and operational cooler and has used it within sixty (60) days prior to cool the dwelling. Whenever possible, contractor shall negotiate with the utility providers to pay only the energy portion of the bill. 7. Purchase, lease, or repair of butane or propane tanks as well as the residential lines associated with the tanks or natural gas lines of the dwelling not to exceed the household's maximum allowable assistance and if such service ensures the flow of energy to the household. 8. Contractor may only pay reconnection fee in line with the registered tariff filed with the Public Utility Commission and/or Texas Railroad Commission. Payment cannot exceed that stated tariff cost. Contractor must negotiate to reduce the costs to cover the actual labor and material and to assure that the utility does not assess a penalty for delinquency in payments. 9. Contractor may not pay a security deposit except when state law requires such a payment, or if the Public Utility Commission or Texas Railroad Commission has listed such a payment as an approved cost, and where required by law, tariff or regulation or a deferred payment agreement includes such a payment. Contractor cannot pay any such security deposit the energy provider will eventually return to the client. 10. While utility/fuel rates and repair charges may vary from vendor to vendor, Contractor will negotiate for the lowest possible payment. Contractor must have a signed vendor agreement on file from the energy vendor receiving direct LUIEAP payments from the contractor. 11. Contractor may make payment 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. Contractor must document this notification. Contractor shall maintain proof of utility or fuel bill payment. 12. Contractor may not establish lower focal limits of assistance. 13. This is not an entitlement program; payments are made subject to the availability of federal funds. IV. OUTREACH AND COORDINATION Contractor shall document and provide outreach activities designed to assure that eligible households, especially households with elderly and/or disabled, are made aware of the Comprehensive Energy Assistance Program. Outreach activities shall include the activities listed below or other activities that serve the purpose of advertising the availability of the Comprehensive Energy Assistance Program. PAGE 3 OF 9 Provide information through home visits, site visits, group meetings or by telephone for the physically infirmed (Le. elderly or disabled); Distribute posters/flyers and other information materials in local and county social services agencies, offices of aging, social security offices, etc. Provide information on the program and eligibility criteria in articles in local newspapers or broadcast media announcements, utilizing Spanish (or Vietnamese) media where appropriate; Coordinate with other low-income services to provide LIHEAP information in conjunction with other programs. Provide information on one-to-one basis for applicants in need of translation or interpretation assistance; Provide applications, forms, and energy education materials in Spanish and English; Work with energy providers in identifying potential applicants; Assist applicants to gather needed documentation; and Mail information and application In order to achieve compliance with the LIHEAP Act, Contractor must coordinate with other energy related programs. Specifically, Contractor must make documented referrals to the local Weatherization Assistance Program contractor. Contractor shall accept applications for CEAP benefits at sites that are geographically accessible to all households in the service area. Contractor shall provide physically infinned individuals the means to submit applications for CEAP benefits without leaving their residence or by securing transportation for them to the sites that accept such applications. V. APPEALS PROCESS In compliance with the Low -Income Home Energy Assistance Act, Contractor shall provide an appeals process as specified in Section 19 of this contract. VI. BENEFITS Contractor may not establish lower local limits of assistance for any component. ENERGY CRISIS COMPONENT A bona fide 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 disabled, or very young children. PAGE 4OF9 NOTE: A utility termination notice alone does not constitute an energy crisis. In no event shall the sum of all energy crisis 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 $600.00, whichever is less, under this Energy Crisis Component. Where necessary to prevent undue hardships or extreme health dangers from an energy crisis, Contractor may directly issue a voucher to provide: Temporary shelter not to exceed $350.00 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 and; Emergency deliveries of fuel not to exceed $150.00 per delivery per household. Purchase of pgrtable heating/cooling units(portable electric heaters are only allowable as a last resort) not to exceed $500.00 per household for the duration of the contract period Portable AC and heating units may only be purchased in cases of life threatening situations to the client. Documentation of the situation such as doctor statements, must be maintained in the client file. Emergency funds, whether for emergency fuel deliveries with a limit of $150.00, purchase of portable heating/cooling units with a limit of $350.00 or temporary shelter with a limit of $500.00, shall be considered part of the total maximum household allowable assistance. Funds for this program shall not be used to weatherize dwelling units, for medicine, food, transportation assistance, or to pay for penalties or fines assessed to clients. Time Limits for Assistance Contractor shall ensure that it will: Provide within forty-eight (48) hours after a household completes the application process for energy crisis benefits, some form of assistance to resolve the energy crisis if such household is eligible to receive such benefits; Provide within 18 hours after a household completes the application process for crisis benefits, some form of assistance to resolve the energy crisis if such household is eligible to receive such benefits and faces a life -threatening situation. For clients who have already lost service or are in immediate danger of losing service, the 48-hour time limit (18 hours in life -threatening situations) commences upon completion of the application process. The application process is considered to be complete when an agency representative accepts an application and completes the intake process. PAGE 5 OF 9 Conwactor must maintain written documentation in the client file that it resolved the crisis within the appropriate time deadline. HOUSEHOLDS WITH INCOMES OF: 0 to 50% of Poverty 50 + to 80% of Poverty 80 + to amount not to exceed 125 % Poverty IF THE HOUSEHOD HAS AN ENERGY CRISIS AND MEETS INCOME ELIGIBILITY, THEN THE PAYMENT IS BASED ON THE FOLLOWING: Households would receive amount needed to solve crisis up to $600. Households would receive the amount needed to solve crisis up to$580. Households would receive the amount needed to resolve crisis up to $560. PAGE 6 OF 9 CO -PAYMENT COMPONENT • Contractor shall obtain the clients' consumption and billing history for the preceding 12 months. • Clients with an energy burden higher than that of the average household in the vendor's service area may receive priority service. • As a planning tool, contractor may base future utility assistance payments and co -payments on the previous years billing to aid the client to budget the household expenses and to allow contractor to maintain a running fund balance of available monies. • Contractor shall provide budget counseling, energy conservation education and coordinate with or refer households to other services which will address the underlying contributing causes of energy induced hardship. MAXIMUM BENEFIT LEVELS FOR CO -PAYMENT COMPONENT Contractor shall enroll CEAP co -payment clients in the program for a minimum period of six months. Clients may be terminated at any time between six and twelve months, if the goal of self-sufficiency has been achieved Utility payments on behalf of clients to utility vendors will be made on a sliding scale co -payment system designed by the subgrantee. The program must target clients with the least income and the greatest energy costs. Clients may receive up to 100% of the bill and arrears for the first months bill and the agreed co -payment plan as long as it does not exceed the set maximum amounts established for their income levels for the program year. In order to ensure that the highest level of assistance will be furnished to those households which have the lowest incomes and highest energy costs or needs in relation to household income: IF THE HOUSEHOLD MEETS THE ELIGIBILITY HOUSEHOLDS WITH CRITERIA, THEN PAYMENT IS BASED ON THE INCOMES OF: FOLLOWING: 0 to 50% of Poverty Household would receive an amount not to exceed $1,000. 50 + to 80% of Poverty Household would receive an amount not to exceed $900. 80 + to amount not to exceed Household would receive an 125% of Poverty amount not to exceed $800. PAGE7OF9 ELDERLY AND DISABLED ASSISTANCE COMPONENT • The elderly and disabled shall be a priority of the program. • Payments on behalf of the elderly will be made based on the previous 12 months billing history. Excess amounts over the actual bill will be treated as a credit with the utility company for the client. • Elderly households are defined as households with at least one member who is age 60 or above. Disabled households are defined as households with at least one member who is disabled. A disabled individual is defined as an individual who is unable to engage in any substantial employment by reasons of an medically determinable physical or mental condition which can be expected to last for a continous period of not less than twelve months. • Contractor may provide energy conservation education, budget counseling and referrals if case management funds are available. BENEFIT LEVELS UNDER THE ELDERLY AND DISABLED COMPONENT Elderly clients may receive up to 100% of their bills within the contract year, including arrears, as long as the cost does not exceed the maximum allowable benefit and no more than four payments per program year are made. Payments should be limited to the highest consumption months during which time the elderly are most vulnerable to energy related stress. This period may be determined by the local subgrantee based on 12 month billing history. In order to ensure that the highest level of assistance will be furnished to those households which have the lowest incomes and highest energy costs or needs in relation to household income: IF THE HOUSEHOLD MEETS THE ELIGIBILITY HOUSEHOLD WITH CRITERIA, THEN PAYMENT IS BASED ON THE INCOMES OF: FOLLOWING: 0 to 50% of Poverty Household would receive an amount not to exceed $1,000. 50 + to 80% of Poverty Household would receive an amount not to exceed $900. 80 + to amount not to exceed Household would receive an 125% of Poverty amount not to exceed $800. PAGE 8 OF 9 REPLACEMENT AND RETROFIT OF DATING/COOLING SYSTEMS CEAP clients are eligible for replacement repair and/or retrofit of heating and cooling systems. The replacement, repair and/or retrofit must be based on need, i.e., an energy assesment of heating/cooling appliances has determined that the retrofit repair and/or/ replacement of a heating/cooling appliance will be cost effective and will result in a reduction of energy consumption. Energy assesment of heating/cooling appliances must be conducted by qualified professionals, from either within the agency, such as the weatherization program, or outside the agency. In contracting out for the service, the subgrantee must follow the WAP/ECP Policy Issuance 88-10.1 for procuring goods and services. The services may include the cleaning, tuning and evaluation of systems, repair and upgrade of existing components, and replacement of unsafe or inoperable systems. Cooling systems, such as central air conditioners, window air conditioners units and evaporative coolers will be covered under the CEAP program. Heating systems, such as central heating systems and space heaters, wall heaters, wood burning stoves will be covered under the CEAP program. Replacement appliance must meet minimum energy efficiency standards. Real benefits to the households are based on the energy efficiency needs of the unit, as determined by an appliance energy assesment. The maximum allowable costs are as follows: Heating and Cooling $1000.00 per household PAGE 9 OF 9 Community Development & Neighborhood Initiatives 1993 Funding (Direct Services) ■ CSBG ($226,065)- ® CEAP ($483,551)- (2 0% o Homeless ($13,550) (2.3%) 0 Elder Care ($800) 0.1 %) ( .R o Project Help ($17,699) o Project Help ($15,095) *CSBG AND CEAP 600 500 400 04i1i1 100 W TOTAL DIRECT SERVICES FUNDS Comprehensive Energy Assistance Program 1992 1993 1994 1995 Years — ,J- GRANT PROPOSAL EVALUATION FORM Page 1 1. Is this grant: New Continuing X Number of Years 10 2. Is a match required? Yes No X If yes: Percentage Amount Is it: In —kind OR Cash Source 3. Is indirect cost allowed? Yes No X If yes: Percentage E 4. Are audit costs reimbursed? Yes i No X If yes: Percentage S. What are the audit requirements for this grant? Annual basis. This is funded through the primary grant, Carmmity Services Block Gant (CSBG). i F 6. Can this grant be renewed? Yes X No If yes, how many times? What are the terms of renewal? Federal funding availability 7. Does the grant require the City to gradually assume the cost of the program? Yes If yes, what is the timetable? No X 8. Please address whether other agencies are currently administering similar programs and whether any other agencies are available to administer this program. No agency administers similar program; however, there j are agencies whifh provide similar services with distinct guidelines and requirements: Catholic Family Services, Salvation Army, and St. John's United NYthodist Church. GRANT PROPOSAL EVALUATION FORM Page 2 9. For the "Current Year", please identify how expenditures are to be made in the following categories and how the program will be funded. If the grant is for an on -going program, please project revenue and expenditures for future years. If the grant is for one year, show any on -going costs to the city, such as the cost of maintenance on equipment purchased by the grant. EXPENDITURES Personnel (13.41%) Supplies Maintenance (86.5976) Other(Direct Service) Capital TOTAL EXPENDITURES REVENUE Federal Grant State Grant Local Match Other TOTAL REVENUE CURRENT FUTURE YEARS YEAR 19 95 19 96 1917 1998 1922 41,841 270,171 312,012 10. Please list any new positions to be added: 11. Please list any capital items to be purchased: 41,841 270,171 IVA N/A 12. Please discuss how this program will impact current employee allocation and utilization and whether it will have a long-term financial or manpower impact. Attach additional pages if needed. The Comprehensive Energy Assistance (CEAP) grant is funded through the State agency, Texas Department of Housing and Community Affairs, and funding is based on annual federal funding availability. Currently, four employees are funded from this grant (one full-time and three part-time) . Since this funding fluctuates annually, manpower is impacted by the funding availability. * Anticipated Amount M� GRANT PROPOSAL EVALUATION FORM Page 3 13. In narrative form, please provide a brief description of the program, including the need which will be addressed, the goals and objectives of the program, the target population to be served, and any other significant aspects of the application. Attach additional pages if needed. The Comprehensive Energy Assistance Program (C.E.A.P.) provides for the energy assistance for individuals experiencing an energy crisis who qualify for the program in Lubbock County. Although the City has received this grant for the last ten years, within the past two years the funding was substantially increased to provide comprehensive case managerent. This program has a three -prong approach for providing energy services: a) Emergency energy assistance for individuals in need of immediate assistance with maximum assistance of $1,000 per household. b) Co -payment will provide energy assistance to individuals for a three-month period and requires compre- hensive service management, mandatory trainings (energy efficiency, nutritional, budgeting, etc.) and a maximum assistance of $1,000 per household. c) Elderly assistance, which will provide energy assistance to the elderly with a maximum assistance of $1,000 per household. The funding provides for the following: Administrative (7.21657.), includes funding for coordinator's salary and other operating costs Case management (6.19%), includes outreach workers' salaries Direct services (92.7835%)--All energy assistance is funded from this category Within the past year, this grant has assisted over 426 households. This funding is further maximized by the agreement between the City and Project HELP, Inc. Project HELP receives community contributions and other state funding for energy assistance, and the City provides the staff to administer those funds. The funding for these three grants is based on Congressional approval and also on the state's funding formula (poverty, employment, etc.). Therefore, finding varies from -year-to-year. There is no general fund money utilized for direct services provided by these grants. In reference to CEAP, the last fan years of funding have varied: 1992 -- 43,852 1993 -- 24,208 1994 -- 483,551 _ 1995 -- 312,012 (Anticipated) TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO.595048 FOR THE FY 1995 COMPREHENSIVE ENERGY ASSISTANCE 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 (the "Department") and Lubbock. City of, Community Services Department (the "Contractor"). SECTION 2. CONTRACT PERIOD This contract shall commence on September 30, 1994, and unless terminated earlier, shall end on September 30, 1995 (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 sea. (the "LIHEAP Act") Contractor shall operate, on an equitable basis throughout Contractor's service area, a Comprehensive Energy Assistance Program, (the "CEAP"), in accordance with the terms of this contract and all applicable state and federal regulations. Services shall include Case Management, Energy Crisis, Co -Payment, Elderly and Disabled Assistance, and Heating/Cooling Systems as further specified in the Performance Statement (Exhibit "A" ), the Budget (Exhibit "B"), and the Allowable Activities Document (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: i Funds for FY '95 CEAP Currently Available: Thirty Five Thousand and no/100 Dollars ($35.000.00). Travel Funds for FFY 195 CEAP Training: Nine Hundred Twenty Six and no/100 Dollars ($926.00). 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: Anticipated FY '95 Funds: Three Hundred Twelve Thousand Twelve and no/100 Dollars ($312.012.00). PAGE 1 OF 10 C. Any decision to obligate additional funds or deobligate 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 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. D. Department's obligations under this Section are contingent upon the actual receipt of funds from the U.S. Department of Health and Human Services and 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. 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 a Monthly Funding/Financial/Performance Report within sixty (60) 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 Austin, 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 Monthly Funding/Financial/Performance Report and a State of Texas Purchase Voucher for an amount not to exceed Contractor's actual cash 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 miriimize 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 requests 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 10 F E. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible recipients of the Comprehensive Energy Assistance Program and for allowable administrative and, case management 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 et seq. (the "Uniform Grant Management Standards") provided that all references therein to "local government" shall be construed to mean Contractor. SECTION 7. ALLOWABLE ADMINISTRATIVE/CASE MANAGEMENT EXPENDITURES Administrative costs incurred by Contractor in carrying out this contract shall be allowable up to a maximum of 7.22% of the total allowable contract expenditures excluding travel costs for training within the Contract Period. Case Management costs incurred by Contractor in carrying out this contract shall be allowable up to a maximum of 6.19% of the total allowable contract expenditures excluding travel costs for training within this contract period. 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. Department may deobligate all or part of the funds provided under this contract if Contractor has not expended at least 40% of such funds within six months after the commencement date specified in Section 2 or if Contractor has not expended at least 60% of the funds within nine months after the commencement date. Contractor's failure to expend the funds provided under this contract in a timely manner may also result in either the termination of this contract or Contractor's ineligibility to receive additional funding under the Comprehensive Energy Assistance Program Act, or both. C. 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 deficiencies in Contractors performance. Suspension shall be a temporary measure pending either corrective action by Contractor or a decision by Department to terminate this contract. D. Notwithstanding any exercise by Department of its right of termination or suspension, Contractor shall not be relieved of any liability to Department for damages 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 is agreed upon or is otherwise determined. E. Department shall not be liable for any costs incurred by Contractor after termination or during suspension of this contract. PAGE 3 OF 10 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 by amendment in writing and signed by both parties. SECTION 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 in the form of 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 five days after such Issuance is mailed or delivered to Contractor, whichever is later. All 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 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. Department or its designee may conduct an ongoing program evaluation throughout the contract year. 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 client file shall contain the following: 1. Client application containing all Department requirements; 2. Documentation/Verification of Client Income; 3. Declaration of Income Eligibility (when required); 4. Copy of Client's Utility Bill(s); PAGE 4 OF 10 _/p — 5. 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.); 6. Benefits Determination Form; and, 7. Notice of Denial Form. 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 for three years in an accessible location and to cooperate with any examination conducted pursuant to this Subsection. Contractor shall include the substance of the Subsection in all subcontracts. 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 a 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 contract. Upon the termination of this Contract, Department may transfer title to any non expendable personal property so acquired to itself or to any other entity receiving funds under the LUMAP Act. C. Contractor shall submit to Department no later than sixty (60) days after the termination of this contract, a final 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 may result in the termination of this contract and holding contractor ineligible to receive additional funds. 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 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. SECTION 14. INDEPENDENT CONTRACTOR It is agreed that Department is contracting with Contractor as an independent contractor. Contractor agrees to indemnify Department against all disallowed costs or other claims which may be asserted by any third party in connection with Contractor's performance of this contract. PAGE 5 OF 10 SECTION 15. SUBCONTRACTS 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. SECTION 16. CONFLICT OF INTEREST/NEPOTISM A. Contractor covenants that neither it nor any member of its governing body presently has or shall acquire any interest, direct or indirect, which would conflict in any manner with the performance of this contract. No person having such interest shall be employed by Contractor or appointed as a member of Contractor's governing body. B. Contractor agrees that it will comply with TEX. GOWT CODE ANN. ch. 573 by ensuring that no officer, employee, or member of the governing body of Contractor shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the government body or to any other officer or employee authorized to employ or supervise such person. C. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such a conflict of interest would arise when: 1) the employee, officer, or agent 2) any member of his or her immediate family 3) his or her partner or 4) any organization which employs or is about to employ, any of the above, has a financial or other interest in the firm or person selected to perform the subcontract.. D. Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. SECTION 17. NON-DISCRIMINATION AND EQUAL OPPORTUNITY No person shall on the grounds 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. LEGAL AUTHORITY A. Contractor represents that it possesses the legal authority to enter into this contract and to perform the services Contractor has obligated itself to perform hereunder. PAGE 6 OF 10 .—./z, — B. The person signing this contract on behalf of Contractor hereby warrants that he/she was been duly authorized by Contractor to execute this contract on behalf of Contractor and to bind Contractor to the terms herein sex forth. C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to render performances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons enumerated in this Section 18. SECTION 19. DEPARTMENT/CEAP TRAINING TRAVEL A. In consideration of Contractor's staff attending in -state training events sponsored by Department, Contractor may be reimbursed for the actual costs of travel associated with attending the training event not to exceed the amount shown in section 4(Ax2). Travel expenses shall be computed as follows: Personal Car Mileage $ .28 per mile Meals actual cost not to exceed $ *25.00 per diem Lodging actual cost not to exceed $ 55.00 per diem Other Travel Expenses actual cost not to exceed $ 50.00 per diem Airfare 1 $(lowestpossible) * Reimbursement for meals is allowed as follows: Breakfast up to $7.00, Lunch up to $8.00, Dinner up to $10.00. B. Upon completion of the travel, Contractor shall submit to Department a Request for Payment in an amount not of exceed Departmental liabilities accrued pursuant to Subsection 4(Ax2). The Request for Payment shall be on a form specified by Department, and shall be accompained by receipts for hotel accommodations and transportation. Receipts for meals are not needed. SECTION 19. APPEALS PROCESS In compliance with the LMEAP Act, Contractor must provide an opportunity for a fair administrative hearing to individuals whose application for assistance is denied, or not acted upon in a timely manner by: 1) Providing written notification to applicant of denial of assistance within ten (10) days of the adverse determination which shall include written instructions of the appeals process. Applicants wishing to appeal a decision must provide written notice to Contractor within 10 days of receipt of the denial notice. 2) Requiring each CEAP Contractor to establish a written appeals procedure which shall, at a minimum, include the following provisions: a. Establish an appeals committee composed of at least three (3) persons. b. Appeals must be heard by the committee within 10 days of Contractor's receipt of the appeal. PAGE 7 OF 10 -13- C. Tape record all appeal hearings. d. Require a majority vote to sustain the appeal and approve assistance for the applicant. e. Require a majority vote to deny the appeal and provide written notification to applicant the results of the appeal by close of business the following business day. The notification must include the applicant's right to appeal an adverse determination to the Department. f. To appeal to the Texas Department of Housing & Community Affairs, an applicant must provide an appeal request to Department in writing within 10 days of an adverse determination by Contractor. Department will review the tape recording of the hearing, the committee's decision and any other relevant information the Department requests. No oral testimony will be allowed. Department will notify all parties in writing of its decision within 30 days of the receipt of the appeal. SECTION 20. AUDIT A. Contractor shall arrange for the annual 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 seq. (herein the "Audit Act"), and OMB Circular No. A-128, "Audits of State and Local Governments", 45 CFR Part 74, Appendix J or OMB Circular No. A-133, "Audits of Instructions of Higher Education and other nonprofit Institutions", 45 C.F.R. Part 74, Appendix L Where a contract is awarded for audit services, the contract shall include a reference to the Audit Act and OMB Circular A-128 or A-133. Contractor shall take such action to facilitate the performance of the audit(s) conducted pursuant to this Section as Department may require. Audits are to be conducted in accordance with GAGAS (generally accepted government auditing standards). B. Contractor shall submit three (3) copies of the report of such audit to Department within the time limit required by the "Audit Act". Audits performed under this Section are subject to review and resolution by Department or its authorized representative after the end of the audit period. 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 21. 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. PAGE 8 OF 10 -/44- C. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit a Certification Regarding Lobbying form in accordance with its instructions and 45 CFR Part 93. SECTION 22. 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 Comprehensive Energy Assistance Program. Contractor shall immediately notify Department of any discovery of waste, fraud or abuse. Contractor shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud and abuse in the Comprehensive Energy Assistance 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. SECTION 23. 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 24. 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 by 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 25. 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. PAGE 9 OF 10 SECTION 26. 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 heret SECTION 27. DEBARRED AND SUSPENDED PARTIES Contractor must not make any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. SECTION 28. 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 APPROVED AS TO CONTENT: day of , 1994. 'Sylvia A. Martinez -Flores Manager, Community Development & Neighborhood Initiatives Linda Chamales, Assistant City Attorney CITY OF LUBBOCK COMMUNITY DEVELOPMENT & NEIGHBORHOOD INITIATIVES By: David R. Langston, Mayor TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BY: Henry Flores Executive Director This contract is not effective unless signed by the Executive Director of the Department or his authorized designee. PAGE 10OF10 /p/ r EXHIBIT A - PERFORMANCE STATEMENT COMPREHENSIVE ENERGY ASSISTANCE PROGRAM CONTRACT NO.595048 WITH CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT NUMBER NUMBER ACTIVITIES DESCRIPTION OF OF HOUSEHOLDS PERSONS SERVED I SERVED Contractor shall develop a Comprehensive Energy Assistance Program which will provide assistance to the minimum number of households and persons identified in this table for low-income residents of the geographic area referred to in Section 3 of this contract. Entries are estimated figures and may vary between F. .f •%_lf;',f/;`';:Fi �:"'�l?' F�F �f+::{� j���•fi'�'41f::' ..:1 f.::;.u,tr':'•�',,�:{; ;y,�':y:�:i �:'�:?:,i v...: f.�components, 1 1 G,✓r+'':' /..' f' r' /r)t' < ;.F;.f ram. /rj $ r;m:;r ::+: ' �'•'' F:: r';.,. .fir r... limitations established .1 i of this contract. • • 1 1 ELDERLY • i ASSISTANCE BEATING/COOLING SYSTEMS PAGE 1 OF 1 595048 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT B - BUDGET COMPREHENSIVE ENERGY ASSISTANCE PROGRAM CONTRACT NO.595048 WITH CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT BUDGET CATEGORY FUNDS Administration $ 2,527.00 Case Management $ 2,167.00 Direct Services $ 30,306.00 TOTAL $ 35,000.00 Training Travel Allowance 1 $ 926.00 DIRECT SERVICES FUNDS Energy Crisis $12,122.40 40% Co -Payment $9,091.80 30% Elderly Assistance $2,121.42 7% Heating/CoolingHeating/Cooling Systems $6,970.38 23% Total Direct Services $30,306.00 100% Administrative costs, salaries, fringe benefits, non -training travel, equipment, supplies, audit and office space are limited to 7,22% of the contract expenditures. Case Management costs are limited to 6,19% of the contract expenditures excluding Training Travel costs. " Contractor may adjust dollar amounts within the following components at levels not to exceed 10 % of said components: Energy Crisis (may not exceed 40% of Direct Service Dollars expended), Co -Payment, Elderly, and Heating/Cooling Systems. May allocate up to 40% of the Direct Services allowance. 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 budget funds is controlled by SECTION 4(A), DEPARTMENT OBLIGATIONS, of this contract. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or facility. PAGE 1 OF 1 - le- EXHIBIT C ALLOWABLE ACTIVITIES DOCUMENT COMPREHENSIVE ENERGY ASSISTANCE PROGRAM I. PROGRAM GUIDELINES A. DEFINITIONS The primary intent of this program is to make funds available to enable Contractor to respond to energy needs affecting low-income households. Under this program, a household is not entitled to a preset amount of assistance. The term "household" means any individual or group of individuals who live together as one economic unit and customarily purchase residential energy in common or who make undesignated payments for energy in the form of rent. In order for a household to receive assistance through the Comprehensive Energy Assistance Program, the household must meet the following criteria: Have a gross annual income that does not exceed 125% of the current Poverty Income Guidelines. Contractor shall provide all potential clients the opportunity to make an application for the Comprehensive Energy Assistance Program. B. PRIORITY Contractor should give priority to eligible households containing one or more persons age 60 or above, a disabled individual, and families with young children six years of age and under. Contractor demonstrates adherence to these priorities by documenting special outreach efforts directed at these populations. Department will monitor Contractor on these efforts. Priority shall be given to households with the lowest incomes that pay a high proportion of their incomes for the energy. The term disabled may include individuals who are 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 (12) months. C. SERVING RENTERS The provisions set by this plan for non -renters also apply to those renters who have a separate meter or who pay their utility and/or fuel bills separately from the rent. For those renters who pay heating and utility bills as part of their rent, Contractor shall make special efforts to determine the portion of the rent that constitutes the fuel and/or utility payment. Contractor shall exercise care when negotiating with the landlords so the cost of utilities quoted is in line with the consumption for similar residents of the community. If Contractor pays the landlord, then the landlord must furnish evidence that he/she has paid the bill. A. INCOME ELIGIBILITY GUIDELINES Contractor should only distribute available funds under the Comprehensive Energy Assistance Program to households needing energy related assistance and having an income that does not exceed 125% of the current Poverty Income Guidelines as issued by the Secretary of Planning and Evaluation, U.S. Department of Health and Human Services. PAGE 1 OF 9 When 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. Contractor shall annualize income data for a part of a year in order to determine eligibility. Each Contractor shoulddetemune the method of annualizing most appropriate to that locality and abide by that method only for all recipients equally through the end of the contract period. During a contract period, a Contractor may not utilize a combination of income calculation methods. All households at or below 125% of the Federal Poverty Level will be afforded access to the program. This applies to all components. There are no categorically eligibility options. All applicant households will be determined eligible according to the income guidelines and program procedures. Benefits determinations includes the household's income, the household size, the energy consumption and/or the vulnerablility of the household and the availability of funds. B. DETERMINATION OF INCOME Applicants must submit proof of income. 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, Contractor will verify income eligibility, through some source other than the applicant's statement. Another member of the applicant's household may not provide this verification. 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 considered income for the purpose of determining eligibility or benefits under any income maintenance program, including, but not limited to, food stamps, gifts, loans, sale of property, tax refunds, lump -sum inheritances, one-time insurance payments, or compensation for injuries. Governmental restitution payments are not considered income for the purpose of determining eligibility or benefits under this program. III. PROGRAM ASSISTANCE A. ASSISTANCE Contractor may only provide the following types of assistance with funds from the Comprehensive Energy Assistance Program contract.. 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 for heating and cooling needs of the residence. 2. Assist households in developing goals for self-sufficiency through case management. This may involve coordination of resources, referrals to other programs, and client involvement in developing an energy co -payment plan. Priority must be given to co -pay clients. Others may receive case management services if funds are available after serving co -pay clients. PAGE 2 OF 9 3,. Provide utility assistance to low-income elderly and disabled most vulnerable to the high cost of energy for heating and cooling needs of the residence. 4. Replacing/retrofitting/repair of household heating and cooling systems if needed. All replacement units must comply with minimum standard for energy efficiency 5. Provide assistance for an energy related crisis. 6. Contractor may pay water bills only when such cost include expenses from operating an evaporative water cooler unit or when the water bill is an inseparable part of a utility bill. As a part of the intake process, outreach and coordination, contractor shall confirm that a client owns a properly connected and operational cooler and has used it within sixty (60) days prior to cool the dwelling. Whenever possible, contractor shall negotiate with the utility providers to pay only the energy portion of the bill. 7. Purchase, lease, or repair of butane or propane tanks as well as the residential lines associated with the tanks or natural gas lines of the dwelling not to exceed the household's maximum allowable assistance and if such service ensures the flow of energy to the household. 8. Contractor may only pay reconnection fee in line with the registered tariff filed with the Public Utility Commission and/or Texas Railroad Commission. Payment cannot exceed that stated tariff cost. Contractor must negotiate to reduce the costs to cover the actual labor and material and to assure that the utility does not assess a penalty for delinquency in payments. 9. Contractor may not pay a security deposit except when state law requires such a payment, or if the Public Utility Commission or Texas Railroad Commission has listed such a payment as an approved cost, and where required by law, tariff or regulation or a deferred payment agreement includes such a payment. Contractor cannot pay any such security deposit the energy provider will eventually return to the client. 10. While utility/fuel rates and repair charges may vary from vendor to vendor, Contractor will negotiate for the lowest possible payment. Contractor must have a signed vendor agreement on file from the energy vendor receiving direct LMAP payments from the contractor. 11. Contractor may make payment 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. Contractor must document this notification. Contractor shall maintain proof of utility or fuel bill payment. 12. Contractor may not establish lower local limits of assistance. 13. This is not an entitlement program; payments are made subject to the availability of federal funds. IV. OUTREACH AND COORDINATION Contractor shall document and provide outreach activities designed to assure that eligible households, especially households with elderly and/or disabled, are made aware of the Comprehensive Energy Assistance Program. Outreach activities shall include the activities listed below or other activities that serve the purpose of advertising the availability of the Comprehensive Energy Assistance Program. PAGE 3OF9 Provide information through home visits, site visits, group meetings or by telephone for the physically infirmed (Le. elderly or disabled); Distribute posters/flyers and other information materials in local and county social services agencies, offices of aging, social security offices, etc. Provide information on the program and eligibility criteria in articles in local newspapers or broadcast media announcements, utilizing Spanish (or Vietnamese) media where appropriate; Coordinate with other low-income services to provide LIHEAP information in conjunction with other programs. Provide information on one-to-one basis for applicants in need of translation or interpretation assistance; Provide applications, forms, and energy education materials in Spanish and English; Work with energy providers in identifying potential applicants; Assist applicants to gather needed documentation; and Mail information and application In order to achieve compliance with the LIHEAP Act, Contractor must coordinate with other energy related programs. Specifically, Contractor must make documented referrals to the local Weatherization Assistance Program contractor. Contractor shall accept applications for CEAP benefits at sites that are geographically accessible to all households in the service area. Contractor shall provide physically infirmed individuals the means to submit applications for CEAP benefits without leaving their residence or by securing transportation for them to the sites that accept such applications. V. APPEALS PROCESS In compliance with the Low -Income Home Energy Assistance Act, Contractor shall provide an appeals process as specified in Section 19 of this contract. VI. BENEFITS Contractor may not establish lower local limits of assistance for any component. ENERGY CRISIS COMPONENT A bona fide 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 disabled, or very young children. PAGE 4 OF 9 —"� 3 — NOTE: A utility termination notice alone does not constitute an energy crisis. In no event shall the sum of all energy crisis 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 $600.00, whichever is less, under this Energy Crisis Component. Where necessary to prevent undue hardships or extreme health dangers from an energy crisis, Contractor may directly issue a voucher to provide: Temporary shelter not to exceed $350.00 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 and; Emergency deliveries of fuel not to exceed $150.00 per delivery per household. Purchase of fable heating/cooling units(portable electric heaters are only allowable as a last resort) not to exceed $500.00 per household for the duration of the contract period. Portable AC and heating units may only be purchased in cases of life threatening situations to the client. Documentation of the situation such as doctor statements, must be maintained in the client file. Emergency funds, whether for emergency fuel deliveries with a limit of $150.00, purchase of portable heating/cooling units with a limit of $350.00 or temporary shelter with a limit of $500.00, shall be considered part of the total maximum household allowable assistance. Funds for this program shall not be used to weatherize dwelling units, for medicine, food, transportation assistance, or to pay for penalties or fines assessed to clients. Time Limits for Assistance Contractor shall ensure that it will: Provide within forty-eight (48) hours after a household completes the application process for energy crisis benefits, some form of assistance to resolve the energy crisis if such household is eligible to receive such benefits; Provide within 18 hours after a household completes the application process for crisis benefits, some form of assistance to resolve the energy crisis if such household is eligible to receive such benefits and faces a life -threatening situation. For clients who have already lost service or are in immediate danger of losing service, the 48-hour time limit (18 hours in life -threatening situations) commences upon completion of the application process. The application process is considered to be complete when an agency representative accepts an application and completes the intake process. PAGE 5 OF 9 Contractor must maintain written documentation in the client file that it resolved the crisis within the appropriate time deadline. IF THE HOUSEHOD HAS AN ENERGY CRISIS AND HOUSEHOLDS WITH MEETS INCOME ELIGIBELI `Y, THEN THE PAYMENT INCOMES OF: IS BASED ON THE FOLLOWING: 0 to 50% of Poverty Households would receive amount needed to solve crisis up to $600. 50 + to 80% of Poverty Households would receive the amount needed to solve crisis up to$580. 80 + to amount not to exceed Households would receive the amount needed 125% Poverty to resolve crisis up to $560. PAGE 6 OF 9 CO -PAYMENT COMPONENT • Contractor shall obtain the clients' consumption and billing history for the preceding 12 months. • Clients with an energy burden higher than that of the average household in the vendor's service area may receive priority service. • As a planning tool, contractor may base future utility assistance payments and co -payments on the previous years billing to aid the client to budget the household expenses and to allow contractor to maintain a running fund balance of available monies. • Contractor shall provide budget counseling, energy conservation education and coordinate with or refer households to other services which will address the underlying contributing causes of energy induced hardship. MAXIMUM BENEFIT LEVELS FOR CO -PAYMENT COMPONENT Contractor shall enroll CEAP co -payment clients in the program for a minimum period of six months. Clients may be terminated at any time between six and twelve months, if the goal of self-sufficiency has been achieved Utility payments on behalf of clients to utility vendors will be made on a sliding scale co -payment system designed by the subgrantee. The program must target clients with the least income and the greatest energy costs. Clients may receive up to 100% of the bill and arrears for the first month's bill and the agreed co -payment plan as long as it does not exceed the set maximum amounts established for their income levels for the program year. In order to ensure that the highest level of assistance will be furnished to those households which have the lowest incomes and highest energy costs or needs in relation to household income: IF THE HOUSEHOLD MEETS THE ELIGIBILITY HOUSEHOLDS WITH CRITERIA, THEN PAYMENT LS BASED ON THE INCOMES OF: FOLLOWING: 0 to 50% of Poverty Household would receive an amount not to exceed $1,000. 50 + to 80% of Poverty Household would receive an amount not to exceed $900. 80 + to amount not to exceed Household would receive an 125% of Poverty -- = amount not to exceed $800. PAGE 7 OF 9 ELDERLY AND DISABLED ASSISTANCE COMPONENT • The elderly and disabled shall be a priority of the program. • Payments on behalf of the elderly will be made based on the previous 12 months billing history. Excess amounts over the actual bill will be treated as a credit with the utility company for the client. • Elderly households are defined as households with at least one member who is age 60 or above. Disabled households are defined as households with at least one member who is disabled. A disabled individual is defined as an individual who is unable to engage in any substantial employment by reasons of an medically determinable physical or mental condition which can be expected to last for a continous period of not less than twelve months. • Contractor may provide energy conservation education, budget counseling and referrals if case management funds are available. BENEFIT LEVELS UNDER THE ELDERLY AND DISABLED COMPONENT Elderly clients may receive up to 100% of their bills within the contract year, including arrears, as long as the cost does not exceed the maximum allowable benefit and no more than four payments per program year are made. Payments should be limited to the highest consumption months during which time the elderly are most vulnerable to energy related stress. This period may be determined by the local subgrantee based on 12 month billing history. In order to ensure that the highest level of assistance will be furnished to those households which have the lowest incomes and highest energy costs or needs in relation to household income: IF THE HOUSEHOLD MEETS THE ELIGIBILITY HOUSEHOLD WITH CRITERIA, THEN PAYMENT IS BASED ON THE INCOMES OF: FOLLOWING: 0 to 50% of Poverty Household would receive an amount not to exceed $1,000. 50 + to 80% of Poverty Household would receive an amount not to exceed $900. 80 + to amount not to exceed Household would receive an 125 % of Poverty amount not to exceed $800. PAGE 8 OF 9 — o;2 �7— REPLACEMENT AND RETROFIT OF HEATING/COOLING SYSTEMS CEAP clients are eligible for replacement repair and/or retrofit of heating and cooling systems. The replacement, repair and/or retrofit must be based on need, i.e., an energy assesment of heating/cooling appliances has determined that the retrofit repair and/or/ replacement of a heating/cooling appliance will be cost effective and will result in a reduction of energy consumption. Energy assesment of heating/cooling appliances must be conducted by qualified professionals, from either within the agency, such as the weatherization program, or outside the agency. In contracting out for the service, the subgrantee must follow the WAP/ECP Policy Issuance 88-10.1 for procuring goods and services. The services may include the cleaning, tuning and evaluation of systems, repair and upgrade of existing components, and replacement of unsafe or inoperable systems. Cooling systems, such as central air conditioners, window air conditioners units and evaporative coolers will be covered under the CEAP program. Heating systems, such as central heating systems and space heaters, wall heaters, wood burning stoves will be covered under the CEAP program. Replacement appliance must meet minimum energy efficiency standards. Real benefits to the households are based on the energy efficiency needs of the unit, as determined by an appliance energy assesment. The maximum allowable costs are as follows: Heating and Cooling $1000.00 per household PAGE 9 OF 9