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HomeMy WebLinkAboutResolution - 2003-R0215 - Funding Contract For The Comprehensive Energy Assistance Program - 05_22_2003Resolution No. 2003—RO215 May 22, 2003 Item No. 68 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 Funding Contract, by and between the City of Lubbock and The Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program and all related documents. Said Funding Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of May z , 2003. McDOUGAL. MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Todd Steelman Interim Community Development Manager APPROVED AS TO FORM: gs/ccdocs/Con April 29, 2003 Resolution No. 2003-RO215 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 582048 FOR THE 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 CITY OF LUBBOCK (the "Contractor"). SECTION 2. CONTRACT PERIOD The period for performance of this contract, unless earlier terminated, is June 1, 2003 through December 31, 2003. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall, on an equitable basis throughout its service area, operate a Comprehensive Energy Assistance Program, (the "CEAP"), in accordance with the terms of this contract and all applicable state and federal regulations. Contractor shall assist low-income persons, particularly the elderly and persons with disabilities and households with young children under 6 years of age and under in relation to the current census demographics for age, income, and ethnicity for Contractor's service area. Contractor shall implement CEAP in accordance with the Low -Income Home Energy Assistance Act of 1981, as amended, 42 U.S.C. Sec. 8621 et seq. (the "LIHEAP Act" Public Law 97- 35), the LIHEAP State Plan and the LIHEAP Intended Use Report. Services shall include Case Management, Energy Crisis, Co -Payment, Elderly and Disabled Assistance, and Heating/Cooling Systems assistance as further specified in the Budget ("Attachment A"), and the Allowable Activities Document ("Attachment B"). SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Contractor's satisfactory performance of this contract, Department shall reimburse Contractor for the actual allowable costs incurred by Contractor in the amount specified in Attachment A of this contract. B. 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. C. Department's obligations under this contract 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. D. Department is not liable for any cost incurred by Contractor which: (1) is subject to reimbursement by a source other than CEAP/LIHEAP; (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 the Allocation Period; or, (4) is not incurred during the Allocation Period. SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. Each month, Contractor may request an advance payment by electronically submitting to Department at its offices in Austin, Travis County, Texas, no later than the fifteenth (15th) day of the month prior to the month for which advance payment is sought, a properly completed Funding Report 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 and be timed to be in accordance with actual immediate cash requirements of the Contractor in carrying out the purpose of this contract. The timing and amount of cash advances shall be as close as administratively feasible to the actual disbursement by the Contractor for direct program costs and the proportionate share of any allowable indirect costs. 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. Notwithstanding Subsection 5(A), 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 or any other contract between the parties. 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, direct services support, case management, direct services, and training/travel expenditures. SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS Except as expressly 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 1 T.A.C.Sec.5.141 et seq. (the "Uniform Grant Management Standards") provided, however, that all references therein to "local government" shall be construed to mean Contractor. Uniform cost principles for local governments are set forth in OMB Circular No. 87, and for non -profits in OMB circular No. 122. Uniform administrative requirements for local governments are set forth in OMB Circular No. 102, and for non -profits in OMB Circular No. 110. SECTION 7. USE OF ALCOHOLIC BEVERAGES None of the funds provided under this contract shall be used for the payment of salaries to any employee who uses alcoholic beverages while on active duty. No funds provided under this contract for travel expenses shall be used for the purchase of alcoholic beverages. SECTION 8. ALLOWABLE ADMINISTRATIVE, CASE MANAGEMENT AND DIRECT SERVICES SUPPORT EXPENDITURES A. Administrative, Case Management, and Direct Services Support costs incurred by Contractor in carrying out this contract shall be allowable up to the maximum percentage, as specified in Attachment A of this contract, of the total allowable contract expenditures, excluding travel costs for training, within the Allocation Period. Case Management costs incurred by Contractor in carrying out this contract shall be allowable up to the maximum percentage, as specified in Attachment A of this contract, of the total allowable contract expenditures, excluding travel costs for training, within the Allocation Period. B. Administrative and Case Management funds are earned and expenditures must be supported through allowable activities and support documentation, as specified in Attachment B Allowable Activities Document. Contractor may choose to use its administration, case management, and direct services support dollars for direct service categories; however, contractor is still required to perform Case Management and Direct Service Support activities. C. Direct Services Support expenditures must be supported by appropriate documentation and the allowable activities as specified in Attachment B, Allowable Activities Document. SECTION 9. 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 fifteen (15) business 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 50% of the funds within six months after the commencement of the Allocation Period, or if the Contractor has not expended at least 70% of the funds within nine months after commencement of the Allocation Period. 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, 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 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. SECTION 10. 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 to this contract or by a Letter of Notification (LON) signed by Department. SECTION 11. DEPARTMENT ISSUANCES Department may issue policy directives which serve to establish Contractor eligibility or interpret and clarify the terms of this contract. Such policy directives shall be in the form of a policy Issuance. An Issuance shall not alter the terms of this contract so as to relieve Department of any obligation of reimbursement of an allowable cost incurred by Contractor prior to the effective date of the Issuance. 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 12. 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 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 Contractor's 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 Contractor fails to correct any such deficiency within a reasonable period of time. Department or its designee may conduct an ongoing program evaluation throughout the contract year. SECTION 13. VENDOR AGREEMENTS Contractor shall implement and maintain a vendor agreement for each of Contractor's vendors that contains assurances as to fair billing practices, delivery procedures, and pricing procedures for business transactions involving CEAP recipients. All vendor agreements are subject to monitoring procedures performed by TDHCA. SECTION 14. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain financial and programmatic 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 Sec.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 (on all household members 18 years and older) or Statement of No Income Statement (if applicable); 3. Declaration of Income Eligibility (when required); 4. Copy of Client's Utility Bill(s) when required by component; 5. Utility Consumption history when required by component; 6. Documentation of Payment (Documentation of payment may be maintained in a separate file, but must be accessible at the site where client files are maintained.); 7. Documentation of benefits determination (when required by component); 8. Notice of Denial Form (if applicable); 9. Right of appeal and procedures (if applicable); 10. Any documentation required by Policy Issuances; and 11. Client service agreement (as required by component). 12. Case Notes sufficient to document Case Management activities have occurred (when required by component); C. Contractor shall maintain complete client files at all times. Costs associated with incomplete files found at the time of program monitoring may be disallowed. Client files reviewed at the time of program monitoring found to be incomplete shall subject the costs associated therewith to be disallowed. D. 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. Upon termination of this contract, all records are property of the CEAP. SECTION 15. PROCUREMENT STANDARDS A. Contractor shall develop and implement procurement procedures, which conform to the uniform administrative requirements in Section 6. Contractor shall not procure supplies, equipment, materials, or services except in accordance with its procurement procedures and in Policy Issuance #02-10.2. All procurement contracts, other than "small purchases" as defined in Policy Issuance #02-10.2, shall be in writing and shall contain the provisions required by Policy Issuance #02-10.2. B. Contractor shall ensure that its subcontractors comply with all applicable terms of this contract as if the performance rendered by the subcontractor was being rendered by Contractor. Contractor shall inspect all subcontractors' work and shall be responsible for ensuring that it is completed in a good and workmanlike manner. SECTION 16. REPORTING REQUIREMENTS A. Contractor shall submit as directed by the Department, for Department review and'approval, the Annual Service Delivery Plan and Application. Funds will be withheld or this contract suspended or terminated for contractor's failure to submit an Annual Service Delivery Plan and Application, for failure to obtain approval of the Service Delivery Plan, or for failure to implement the program funded under this contract within 60 days of the effective date of the contract. B. Contractor shall electronically submit to Department no later than fifteen (15) days after the end of each month of the Allocation Period a Funding Report of all expenditure of funds and clients served under this contract during the previous month. C. Contractor shall submit to Department no later than sixty (60) days after the end of the Allocation Period an inventory of all vehicles, tools, and equipment with a unit acquisition cost of $5,000 or more and a useful life of more than one year, if purchased in whole or in part with funds received under this contract or previous Comprehensive Energy Assistance Program contracts. The inventory shall reflect the vehicles, tools, and equipment on hand as of the last day of the Allocation Period. Contractor acknowledges that all equipment and supplies purchased with funds from the CEAP are the property of CEAP and as such stay with the program. D. Contractor shall electronically submit to Department no later than sixty (60) days after the end of the Allocation Period a final Funding Report of all expenditures of funds and clients served under this contract. Failure of Contractor to provide a full accounting of funds expended under this contract may result in the termination of this contract and ineligibility to receive additional funds. E. 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 Allocation Periods, funds may be withheld or this contract suspended or terminated for Contractor's failure to submit a past due report or response (including a report of audit) from a prior contract or Allocation Period. SECTION 17. INDEPENDENT CONTRACTOR It is agreed that Department is contracting with Contractor as an independent contractor. Contractor agrees to indemnify Department against any disallowed costs or other claims, which may be asserted by any third party in connection with the services to be performed under this contract. SECTION 18. 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 19. 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. Gov't. 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 participates 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 agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. SECTION 20. 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 21. LEGAL AUTHORITY A. Contractor represents that it possesses the practical ability and legal authority to enter into this contract, receive and manage the funds authorized by this contract and to perform the services Contractor has obligated itself to perform hereunder. B. The person signing this contract on behalf of Contractor hereby warrants that he/she has been duly authorized by Contractor to execute this contract on behalf of Contractor and to bind Contractor to the terms 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. Should such suspension or termination occur, contractor is liable to Department for any money it has received for performance of the provisions of this contract. SECTION 22. DEPARTMENT/CEAP TRAINING TRAVEL A. In order to encourage attendance by CEAP staff at Department approved training and/or technical assistance events, the Department has added a travel fund to the contract budget. The travel budget cannot be used as program dollars. B. The travel funds are to be used only for Department approved training events. Contractor shall adhere to either its own board - approved travel policy or the State of Texas travel policies. (Reference Policy Issuance #95-16.3). C. From time to time, the Department may choose to add additional funds to this category for other required travel. SECTION 23. AUDIT A. Contractor shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: 1. Contractors expending $300,000 or more in total Federal awards shall have an audit performed in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501, and OMB Circular No. 133, "Audits of States, Local Governments, and Non -Profit Organizations" issued June 30, 1997. For purposes of Section 2023, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with OMB guidelines. The term includes awards of Federal financial assistance received directly from Federal, agencies, or indirectly through other units of State and local government; 2. Notwithstanding Sections 4(D) (3) and (D) (4) above, Contractor shall utilize funds budgeted under this contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this contract, provided however that Department shall not make payment for the cost of such audit services until Department has received a satisfactory audit report, as determined by Department, from Contractor; 3. Contractor shall submit two (2) copies of such audit report to the Department within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Contractor shall make audit report available for public inspection within thirty (30) days after receipt of the audit report(s). Audits performed under this Section are subject to review and resolution by Department or its authorized representative. 4. The audit report must include verification of all expenditures by budget category including matching funds, in accordance with Exhibit Attachment - Budget of this contract. B. The cost of auditing services for a Contractor expending less than $300,000 in total Federal awards per fiscal year is not an allowable charge under Federal awards. C. Notwithstanding Subsection A of this Section 2023, Department reserves the right to conduct an annual financial and compliance audit of funds received and performance rendered under this contract. Contractor agrees to permit Department or its authorized representative to audit Contractor's records and obtain any documents, materials, or information necessary to facilitate such audit. D. Contractor understands and agrees that it shall be liable to Department for any disallowed costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. E. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 20 23 as Department may require of Contractor. F. Contractor shall procure audit services through an open, competitive process at least once every four years. The auditor shall retain working papers and reports for a minimum of the three years after the date of issuance of the auditor's report to the Contractor. Audit working papers shall be made available upon request to Department at the completion of the audit, as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this Section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. SECTION 24. APPEALS PROCESS In compliance with the LIHEAP 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, according to the following procedures: 1) Contractor must provide 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, and specific reasons for the denial by component. Applicants wishing to appeal a decision must provide written notice to Contractor within 10 days of receipt of the denial notice. 2) Contractor must establish a written appeals procedure which shall, at a minimum, include the following provisions: A. An appeals committee composed of at least three (3) persons who are objective, not personally involved in the original decision, and familiar with CEAP regulations. Appeals must be heard by the committee within ten (10) days of Contractor's receipt of the appeal. B. Contractor's appeals process shall include tape recorded hearings. C. A majority vote to sustain the appeal and approve assistance for the applicant, or to deny the appeal. D. Written notification to applicant of 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. 3) To appeal to the Texas Department of Housing & Community Affairs, an applicant must provide an appeal request to Department in writing within ten (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 thirty (30) days of the receipt of the appeal. 4) Please refer to the CEAP Appeals Process Policy Issuance #2002- 03.05 for detailed procedures. SECTION 25. POLITICAL ACTIVITY PROHIBITED A. None of the funds provided under this contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Contractor from furnishing to any member of its governing body upon request, or to any other local or state official or employee, or to any citizen, information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. B. No funds provided under this contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of Contractor, the State of Texas, or the government of the United States. C. None of the funds provided under this contract shall be paid to any official or employee who violates any of the provisions of this section. SECTION 26. 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 shall 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 27. 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 serve to reduce the funds or resources which would have been available to or provided through Contractor had this contract never been executed. SECTION 28. NO WAIVER Any right or remedy given to Department by this contract shall not preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time. SECTION 29. SEVERABILITY If any portion of this contract is held to be invalid by a court or administrative tribunal of competent jurisdiction, the remainder shall remain valid and binding. SECTION 30. PRIOR 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 attached exhibits attachments. SECTION 31. DEBARRED AND SUSPENDED PARTIES 1. 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, "Debarment and Suspension 45 C.F.R. Part 76". 2. Contractor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department. 3. Where Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this contract. SECTION 32. ENVIRONMENTAL TOBACCO SMOKE/PRO-CHILDREN ACT OF 1994 Contractor agrees that if it or any of its subgrantees provides children's services funded directly or indirectly with Federal dollars, it will comply with 20 U.S.C. 6081 et seq. Part B, Pro -Children Act of 1994, concerning prohibition of smoking in certain indoor facilities providing services to children. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1,000.00 per day. SECTION 33. ATTACHMENTS The attachments identified below are hereby made a part of this contract: (1) Attachment A, Budget (2) Attachment B, Allowable Activities Document SIGNED:../../.... BY: ..NOT.SIGNED.......... CITY OF LUBBOCK, Executive Director BY: ..NOT.SIGNED.......... TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, Executive Director This contract is not effective unless signed by the Executive Director of the Department or authorized designee. No Text COMPREHENSIVE ENERGY ASSISTANCE PROGRAM ATTACHMENT A - BUDGET CONTRACTOR NAME: CITY OF LUBBOCK CONTRACT NUMBER: 582048 ALLOCATION YEAR: 583 ALLOCATION PERIOD: 06/01/2003 - 12/31/2003 DEPARTMENT FINANCIAL OBLIGATIONS $379,272.00 CEAP FUNDS CURRENTLY AVAILABLE 730.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE $379,272.00 TOTAL ANTICIPATED CEAP FUNDS 730.00 TOTAL ANTICIPATED TRAINING TRAVEL ALLOWANCE FUNDS BUDGET FOR AVAILABLE ALLOCATIONS BUDGET CATEGORY FUNDS % -------------------------------------------- Administration $44,922.00 ------ Case Management $26,953.00 Direct Services $307,397.00 -------------------------------------------- TOTAL BUDGET $379,272.00 ------ -------------------------------------------- Energy Crisis $30,740.00 ------ 10.00 Co -Payment $92,219.00 30.00 Elderly and Disabled $107,589.00 35.00 Heating and Cooling Systems $61,479.00 20.00 Direct Services Support -------------------------------------------- $15,370.00 5.00 ------ TOTAL DIRECT SERVICES $307,397.00 100 Contractor's service area consists of the following Texas counties: Lubbock County Administrative costs, salaries, fringe benefits, non -training travel, equipment, supplies, audit and office space are limited to 10.00% of the contract expenditures, excluding Training Travel costs. Case Management costs are limited to 6.00% of the contract expenditures excluding Training Travel costs. Direct Services Support costs are limited to 5.00% of total Direct Services expenditures. Contractor may adjust dollar amounts within the following components at levels not to exceed 100 of said components. Energy Crisis may not exceed 10% of Direct Service dollars expended expenditures. Subgrantees Contractor must obtain a written waiver from the Department if they wish to exceed 10% prior to the obligation and expenditure of funds. Co -payment, Elderly (may not exceed 50% of Direct Services dollars expended expenditures), Heating/Cooling Systems (may not be less than 10% of Direct Services dollars expend expenditures), and Direct Services Support (may not exceed 5% of Direct Services dollars expended expenditures). Department's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is required. Approval of this budget does not constitute prior approval. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or facility. For other than additional funding added to the Allocation Period, Contractor is limited to only one budget revision during the first 6 months of the Allocation Period. A second and final budget revision may be considered by the Department 60 days prior to the end of the Allocation Period. While Contractor may choose to use funds other than "Direct Service Support" to conduct outreach, documentation is required. Contractor shall provide services under all components in this category. Failure to do so may result in contract termination. Effective Date of Budget: 06/01/2003 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM ATTACHMENT B - ALLOWABLE ACTIVITIES DOCUMENT CONTRACTOR NAME: CITY OF LUBBOCK CONTRACT NUMBER: 582048 ALLOCATION YEAR: 583 ALLOCATION PERIOD: 06/01/2003 - 12/31/2003 I. GLOSSARY OF TERMS Affordability - to have the financial capacity to meet an obligation. Assessment - identifying, gathering, comparing and evaluating information and data about a client household in order to determine the type and nature of problems involved, the capacities and resources of the client household, and the services needed to assist the client household. Case Management - involves conceptualizing the client household in its social environment; identifying, providing and/or referring the client to other social services, legal services, health services, etc.; working with the client to develop solutions to the problems and coordinating and monitoring progress made toward resolution of the problem; representing or advocating on behalf of the client with other service providers to assure that needed services are provided. Client Service - written agreement between the agency and the client Agreement concerning the target problem(s), the goal(s) and strategies and the roles and tasks of the participants. The agreement must be dated and signed by all parties, must be guided by a time -line and must include statement of the consequences for breaking the agreement. Energy Burden - heating and cooling expenditures of the household for energy divided by the income of the household. Energy Education - the process whereby individuals and households learn to use energy efficiently, improve their indoor comfort, and become aware of how their behavior affects energy consumption, energy cost, and health and safety within their homes. Energy Need - the home energy requirements of a household determined by taking into account both the energy burden of the household and the unique situation of the household that results from having members of vulnerable populations, such as very young children, individuals with disabilities and frail older individuals. Energy - is achieved when the low-income household is Self -Sufficiency consistently able to pay 100% of its total monthly energy bill (see affordability). Goal - a statement of broad results, outcomes or impacts sought by clients. Home Energy - energy used to heat or cool residential dwellings, to heat water, and cool food. Household - any individual or group of individuals living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent. Inputs - the resources a program makes available to carry out its activities. Leveraging - obtaining additional non-federal resources to help low- income households meet their energy needs. Measure - quantifiable information that is chosen to assess and describe program success or failure. Mission - a statement of the purpose for which a program was created. Outcome - a measure of the program's result or effect on its customers. Outcome measurements may cover activities that are largely under the control of program managers, or they may extend to an even broader set of measures (often called measures of impact) representing results that the program may influence but does not achieve on its own (e.g., a reduction in the amount of energy used as a result of weatherizing a home): Output - a measure of the product and/or activities of a program. Outreach - method a set of activities that actively attempts to identify clients who are in need of services, alerts these clients to service provisions and benefits, and helps them use the services that are available. Performance - a process for determining if a program is successful, as Measure measured by expected outcomes and/or outputs. Poverty Income - Income guidelines issued by the Secretary of Planning Guidelines and Evaluation United States Department of Health and Human Services. Referrals - linking a client household with an agency, program, or professional person that can and will provide the service needed by the client. Targeting - focusing assistance to households with the highest home energy needs. Vision - a statement of a preferred future that spells out the conditions and quality of life to be achieved by a program's clients. Weatherization - in the LIHEAP program, this refers to energy conservation measures and other cost-effective energy -related home repair. II. PROGRAM GUIDELINES A. DEFINITIONS The primary intent of the Comprehensive Energy Assistance Program is to make funds available to enable Contractors to respond to energy needs affecting low-income households who have an income at or below 125% Poverty Income Guidelines and who are unable to meet their household energy needs. Under this program, a household is not entitled to a pre-set amount of assistance. Contractor shall provide all potential clients the opportunity to apply for the Comprehensive Energy Assistance Program. B. PRIORITY Contractor shall give priority to eligible households containing one or more persons age 60 or above, individuals with disabilities and families with young children under six years of age. Priority shall be given to households with the lowest incomes that pay a high proportion of their incomes for residential energy. Contractor demonstrates adherence to these priorities by documenting special outreach efforts directed at these populations. Contractor shall also put in place a priority rating system to be applied to each applicant household. Department will monitor Contractor on these efforts. The term disability may include conditions which render individuals unable to engage in any substantial employment by reason 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 cooling 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 sc 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 the landlord has paid the bill and the amount of assistance must be deducted from the rent. III. ELIGIBILITY GUIDELINES A. INCOME ELIGIBILITY GUIDELINES Contractor shall only distribute available funds under the Comprehensive Energy Assistance Program to households needing energy -related assistance and having an income that does not exceed 1250 of the current Poverty Income Guidelines as issued by the Secretary of Planning and Evaluation, U.S. Department of Health and Human Services (USDHHS). 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 General Policy Issuance #2000-3.1. Contractor shall annualize income data for a part of a year in order to determine eligibility. Each Contractor shall determine 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 Poverty Income Guidelines will be afforded access to the program. This applies to all components. There are no categorical eligibility options. All applicant households will be determined eligible according to the income guidelines and program procedures. B. DETERMINATION OF INCOME Applicants must submit proof of income for all household members 18 years and older. Proof may consist of checks, check stubs, award letters, employee statements, etc., showing the gross monthly income, if any. Income data for a part of the year must be annualized. In the exceptional case when proof of income is unavailable, an applicant must sign a declaration of income statement. If the applicant has no income, they must sign a statement of no income. All proof of income must be within 12 months of the application process. C. INCOME DISREGARD Payments not considered as income for the purpose of determining eligibility or benefits under this program, are listed in the Poverty Income Guidelines issued by the Secretary of Planning and Evaluation, USDHHS. IV. PROGRAM ASSISTANCE This is not an entitlement program. Contractor may not establish lower local limits of assistance. Contractor may only provide the following types of assistance with funds from the Comprehensive Energy Assistance Program contract. * 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, NOT to include security lights and other items. * Payment to vendors -only one energy bill payment per month as required by component. * Assistance to households in developing goals for achieving energy self-sufficiency through case management activities. Case management activities may involve coordination of resources, referrals to other programs, and client involvement in developing a client service agreement. Priority must be given to co -pay clients. Others may receive case management services if funds are available after serving co -pay clients. * Utility assistance to low-income elderly and individuals with disabilities most vulnerable to the high cost of energy for heating and cooling needs of the residence. * Replacement, retrofitting, or repair of household heating and cooling systems if needed. All replacement units must comply with minimum standard for energy efficiency and must result in energy savings for the client. * Assistance for an energy -related crisis. * Payment of water bills only when such cost includes expenses from operating an evaporative water cooler unit. As a part of the intake process, outreach, and coordination, contractor shall confirm that a client owns a properly connected and operational evaporative cooler and has used it within sixty (60) days prior to application to cool the dwelling. * Payment of other utility charges such as water, wastewater, and waste removal are only allowable if these charges are an inseparable part of a utility bill. Whenever possible, Contractor shall negotiate with the utility providers and clients to pay only the energy portion of the bill. * 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 only if such service ensures the flow of energy necessary for heating and cooling to the household. * Purchase or repair of residential electric lines, not to exceed household's maximum allowable assistance and only if such service ensures the flow of energy necessary for heating and cooling the household. * Payment of 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. * Payment of a security deposit only 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 security deposit the energy provider will eventually return to the client. * While utility/fuel rates and repair charges may vary from vendor to vendor, Contractor shall negotiate for the lowest possible payment. Contractor must have a signed vendor agreement on file from the energy vendor receiving direct LIHEAP payments from the contractor. * Contractor may make payments 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. Contractor shall ensure that amount of assistance paid on behalf of client is deducted from client's rent. * In lieu of deposit required by an energy vendor, advanced payments may be made. Deposits are still not an allowable expenditure. Advance payments are not to exceed an estimated two months billings. V. ADMINISTRATION A. ADMINISTRATIVE COSTS UNDER CEAP Administrative functions are of a general nature but are not clearly identified with a particular program. These functions include planning, budgeting and accounting; and establishing and directing a contractor's policies, goals, and objectives. B. ALLOWABLE ADMINISTRATIVE COSTS Costs charged to the CEAP must be fair and reasonable. In all cases use the Uniform Grant Management Standards, OMB Circular A-87 for local governments or OMB Circular A-122 for non -profits for determination of allowable and allocable costs and may include: * Financial and compliance audits * General board and committee meeting expenses * Executive Director * General staff meetings * Office management * Accounting and budgeting * Personnel management * Purchase and distribution of equipment and supplies * Insurance and bonding * Receptionist, switchboard mail distribution, filing, and other centralized and clerical services * Word processing and computer services and equipment * Organization and procedure studies * Travel expenditures * General record keeping * Office/facilities lease or rental (including outstations) * Postage * Duplicating/copying * Telephone expenses * Staff training * Intake - Receiving an application, giving the client the opportunity to provide missing information needed for eligibility determination, income determination and verification, and preliminary eligibility determination. VI. DIRECT SERVICES SUPPORT A. DEFINITION OF DIRECT SERVICES SUPPORT Costs that are not administrative in nature but are used for outreach and targeting to eligible households never served under CEAP. Contractor shall conduct and document outreach and targeting activities (see Glossary of Terms) designed to assure that eligible households, especially households with elderly members with disabilities, or young children, and households who have a high energy burden, 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: 1. Provide information through first time home visits, site visits, group meetings or by telephone for the elderly and for persons with disabilities; 2. Distribute posters, flyers, and other information materials in local and county social services agencies, offices of aging, social security offices, in English, Spanish, or language media where appropriate; 3. Provide information on the program and eligibility criteria in articles in local newspapers or broadcast media announcements, in English, Spanish, or language media where appropriate; 4. Provide information on one-to-one basis for applicants in need of translation or interpretation assistance; 5. Work with energy providers in identifying potential applicants; 6. Mail information and applications; 7. Coordinate with other social service agencies to provide LIHEAP information in conjunction with other programs. Contractor shall accept applications for CEAP benefits at sites that are geographically accessible to all households in the service area. Contractor shall provide the elderly or persons with disabilities 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. B. ALLOWABLE EXPENDITURES Salaries, fringe benefits, and tavel expenditures of staff when conducting outreach to eligible households never served under CEAP. Material and printing costs associated with outreach and targeting. to eligible households never served under CEAP. C. UNALLOWABLE EXPENDITURES Computer purchases and any related costs must be charged to Administration, not Direct Services Support. D. TIME/EXPENDITURE ALLOCATION The contractor must demonstrate that the appropriate share of Direct Services Support cost items are allocated each to outreach, and targeting. VII. CASE MANAGEMENT A. DEFINITION OF CASE MANAGEMENT ACTIVITIES Case management activities under CEAP encourage and enable households to reduce their home energy needs and thereby the need for energy assistance. The typical case management system should have the following components: * Designing a client agreement plan with the client; * Intervening in the community; brokering; advocating; and linking; * Implementing and monitoring the client agreement plan; * Evaluating the effectiveness of case management. Case Management activities include but are not limited to: * Providing energy conservation education * Providing budgeting education * Client counseling * Advocating on behalf of the clients * Development of realistic goals * Identifying resources and household problems * Discussion of education provided * Scheduling appointments * Referrals for obtaining services * Encouraging responsible vendor and consumer behavior * Documenting case management activities (case notes) * Referral follow-up B. COORDINATION Contractor must coordinate with other social service agencies through cooperative agreements to provide services to client households. Cooperative agreements must clarify procedures, roles and responsibilities of all stakeholders. 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 must coordinate with local energy vendors to arrange for arrearage reduction, reasonably reduced payment schedules, or cost reductions. Contractor must provide applications, forms, and energy education materials in Spanish, English or other language when appropriate. C. ALLOWABLE EXPENDITURES Allowable expenditures include salaries, fringe benefits, and travel expenditures of staff when providing clients with case management services, such as those activities described in Section A. Documentation of Case Management activities (case notes) must be maintained in individual client files. D. TIME/EXPENDITURE ALLOCATION The contractor must demonstrate that the appropriate share for case management cost items is involved in activities which encourage and enable households to reduce their home energy needs and the need for energy assistance. VIII. PROGRAM COMPONENTS A. ENERGY CRISIS COMPONENT A bona fide energy crisis exists when extraordinary events or situations resulting from extreme weather conditions or fuel supply shortages 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 the disabled, or very young children. 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 exceed the actual amount needed to ameliorate the household's energy - related crisis or $1,000.00 whichever, is less. Payments may not exceed client's actual financial loss or client's utility bill. The assistance must result in resolution of the crisis. Where necessary to prevent undue hardships or extreme health dangers from an energy crisis, Contractor may directly issue a voucher to provide: 1. 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; 2. Emergency deliveries of fuel not to exceed $300.00 per delivery per household. 3. Purchase of portable heating/cooling units (portable electric heaters are only allowable as a last resort) not to exceed $1,000.00 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. Contractor must meet local energy crisis criteria prior to purchasing portable units for client. Documentation of the situation, such as doctor statements and weather data, must be maintained in the client file. Emergency funds, whether for emergency fuel deliveries with a limit of $300.00, purchase of portable heating/cooling units with a limit of $1000.00, or temporary shelter with a limit of $350.00, shall be considered part of the total maximum household allowable assistance. Funds for this program shall not be used to weatherize dwelling units, to purchase medicine, food, transportation assistance, to maintain income, or to pay for penalties or fines assessed against clients. Time Limits for Assistance Contractor shall ensure that for clients who have already lost service or are in immediate danger of losing service, some form of assistance to resolve the energy crisis will be provided within a 48 hour time limit (18 hours in life -threatening situations). The time limit 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 eligibility process. Contractor must maintain written documentation in the client file that it resolved the crisis within the appropriate time deadline. Failure to document efforts taken to resolve the energy crisis on client's application/file will result in disallowed costs. IF THE HOUSEHOLD HAS AN ENERGY CRISIS AND MEETS INCOME ELIGIBILITY, THEN THE PAYMENT IS BASED ON HOUSEHOLDS WITH INCOMES OF: THE FOLLOWING: --------------------------- ------------------------------------------------ 0 to 50% of Poverty Households may receive amount needed to solve crisis up to $1000. 51+ to 75% of Poverty Households may receive the amount needed to solve crisis up to $900. 76+ to amount not to exceed Households may receive the amount needed to 125% Poverty resolve crisis up to $800. B. CO -PAYMENT COMPONENT The intent of the co -payment component is to achieve long term energy self-sufficiency by reducing the energy cost burden for low-income households through case management activities. The program must target clients with the least income and the greatest energy costs. Energy affordability is achieved when a client household has the financial capacity to meet its energy obligations. Contractor shall enroll CEAP co -payment clients in the program for a minimum period of six months. Clients may be terminated at any time, if the goal of energy self-sufficiency has been achieved. A monthly utility payment on behalf of clients to the utility vendor shall be made based on a graduated scale co -payment system designed by the subgrantee. * Contractor shall meet with each client on a monthly basis. * Contractor may obtain the client's consumption and billing history for the preceding 12 months, to aid the client in budgeting for household expenses. * Clients with an energy burden higher than that of the average household in the vendor's service area should receive priority service. * All payments must be based on actual current program year's bills. * Contractor shall provide budget counseling and energy conservation education and coordinate with and refer households to other services which will address the underlying contributing causes of energy induced hardship. * Contractor shall document and maintain all case management activities in client files through the use of case notes which demonstrate clients efforts/ progress towards achieving energy self-sufficiency. * Contractor shall notify in writing and maintain documentation of clients terminated from the co -pay component and document the appeal process. * Failure to comply with any of the above will result in disallowed costs at the time of the monitoring. Each cc -payment client must have a written client service agreement to provide direction and focus during service delivery. The client service agreement is a contract between the contractor and the client and must be signed by both parties. The client service agreement is a contract and includes agreements concerning the target problems, goals, and strategies, and the roles and tasks of the participants. The agreement must be guided by a timeline. The client service agreement serves as a basis for providing accountability to both the client and the contractor and must include the following elements: * Specification of target problems * Statement of realistic goals and timelines as negotiated between the case worker and the client * Statement of client's tasks and responsibilities required to achieve goals * Statement of case worker's general tasks and responsibilities which shall include, at a minimum, budget counseling, energy conservation education and coordination with and referral of households to other services which will address the underlying contributing causes of energy induced hardship. * Specific timeline for duration of agreement (including dates), schedule of services to be provided and tasks to be performed, and schedule of monthly meetings to review plan with the case worker. * Statement of coordination of all parties who will participate during the client service agreement, including their names and relationship to the client. * Statement of benefit levels (graduated scale) * Statement of the consequences to the client if the client fails to meet the provisions spelled out in the client service agreement. 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 (graduated scale) 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, assistance is to be provided as follows: HOUSEHOLDS WITH INCOMES IF THE HOUSEHOLD MEETS THE ELIGIBILITY CRITERIA, OF: THEN THE PAYMENT IS BASED ON THE FOLLOWING: ------------------------ ---------------------------------------------------- 0 to 50% of Poverty Household may receive an amount not to exceed $1000. 51+ to 750 of Poverty Household may receive an amount not to exceed $900. 76+ to amount not exceed Household may receive an amount not to exceed $800. 125% of Poverty C. ELDERLY AND DISABLED ASSISTANCE COMPONENT The intent of the elderly (60 years of age or above) and disabled assistance component is to provide assistance to those households most vulnerable to fluctuations in energy costs. Assistance should be targeted to those households that are unable to achieve full energy self-sufficiency through other means. * The elderly and persons with disabilities shall be a priority of the program. * Payments on behalf of the elderly may be made based on the previous 12-months heating and cooling billing history. Excess amounts over the actual bill will be treated as a credit with the utility company for the client. In the event a consumption history cannot be obtained, Contractor may make payments on current program year's bill. The reason must be documented in the file. 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 has a disability. An individual with a disability is defined as an individual who is unable to engage in any substantial employment by reasons of a medically determinable physical or mental condition which can be expected to last for a continuous period of not less than twelve months. Documentation of disability, (i.e. social security supplement/SSI, doctor's letter) must be included in client file or be subject to disallowed cost. * Contractor may provide energy conservation education, budget counseling and referrals if case management funds are available. The elderly and/or clients with disabilities may receive benefits to cover up to 100% of four bills for four billing periods within the contract year as long as the cost does not exceed the maximum allowable benefit. First payment may be the current bill and arrears Subsequent payments must be the highest consumption months. If one or more of the highest months occurs prior to the date of the application and has been paid by the client, these months cannot be considered for payment. This period must be determined by the local subgrantee based on a 12 month heating and cooling billing history. If a 12 month history is unavailable, the reason must be documented in the client file. 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, the following benefit levels shall be used: HOUSEHOLDS WITH INCOMES IF THE HOUSEHOLD MEETS THE ELIGIBILITY CRITERIA, OF: THEN THE PAYMENT IS BASED ON THE FOLLOWING: ------------------------ ---------------------------------------------------- 0 to 50% of Poverty Household may receive an amount not to exceed $1000. 51+ to 75% of Poverty Household may receive an amount not to exceed $900. 76+ to amount not exceed Household may receive an amount not to exceed $800. 125% of Poverty D. REPLACEMENT, REPAIR OR RETROFIT OF HEATING/COOLING SYSTEMS Beginning with program year 2003, TDHCA will operate the component for REPLACEMENT, REPAIR OR RETROFIT OF HEATING/COOLING SYSTEMS as a stand alone component of CEAP. It remains a component of CEAP and subject to all eligibility requirements that apply to other CEAP components. The intent of.the Heating/Cooling component is to help clients achieve energy self-sufficiency by addressing inefficient heating and cooling appliances. Clients may have a high energy burden because inefficient appliances in the home consume great amounts of energy. Inordinately high energy bills during the heating or cooling season would indicate the need for an assessment of the condition of all major heating and cooling appliances in the client's home. The retrofit, repair or replacement of a heating/cooling appliance must be cost effective and must result in a reduction of energy consumption. Water heaters and refrigerators are considered major heating and cooling appliances and shall be considered in the assessment of condition and efficiency of all household appliances may include water heaters and refrigerators. Propane tanks may be considered when propane is used for heating. Any replacement, repair or retrofit must be based on need, i.e., an energy assessment of all major heating/cooling appliances has determined that the retrofit, repair or replacement of a heating/ cooling appliance will result in a reduction of energy consumption. Priority must be given to appliances with the highest energy usage. Replacement of evaporative coolers with refrigerated air is only allowable for medical reasons. Replacement appliances must be an Energy Star rated appliance or must meet Texas Department of Energy Weatherization Assistance Program minimum energy efficiency ratings and standards if Energy Star is not available. Energy efficiency assessments of central heating/cooling systems must be conducted by licensed HVAC professionals and documentation of the assessment results must be placed in the client files. Energy efficiency assessments of window units, evaporative coolers, space heaters, water heaters and refrigerators may be conducted by trained agency staff. Documentation of the assessment results must be placed in the client files. In contracting out for the service, the subgrantee must follow the Policy Issuance #02-10.2 for procuring goods and services. The services may include cleaning, tuning and evaluation of systems, repair and replacement of existing components, and replacement of unsafe and inefficient systems including: * Cooling systems (including duct systems), such as central air conditioners, window air conditioners and evaporative coolers * Heating systems, such as central/wall/floor furnaces, space heaters, wood burning stoves. * Water heaters * Refrigerators Energy assessments should must include, at a minimum the following information on all major heating and cooling appliances to include water heaters and refrigerators: Type of appliance Efficiency rating Fuel used Location of appliance Size of appliance Condition Age of appliance Size of room where appliance is used Input/Output BTU Recommendation All repairs, retrofits or replacements must be performed to meet all local codes (use Council of American Building Officials (CABO) when no code exists) in conjunction with the Department's Weatherization Assistance Program health and safety standards. Replacement appliances must meet Department prescribed minimum energy efficiency standards or better as follows: * Central Heat Systems Gas.......... ER (Efficiency Ratio .85 Electric..... EER (Energy Efficiency Rating) = 10 COP (Coefficient of Performance) = 2.93.11 * Wall/Floor Furnaces and Vented Space Heaters: Gas (only) ER = .85 * Unvented Space Heaters must have a factory installed Oxygen Depletion Sensor System with automatic shutoff. Repair, replacement, or retrofit must reduce CO levels to 25 ppm or less. * Central Air Conditioners/Whole House Window/Through Wall Conditioners (220 volt) EER = 1012 COP = 3.11 * Room Air Conditioners (120 volts) EER = 10 COP = 3.11 * Water Heaters Gas EER=.49 to .62 Electric EER= .88 to .98 * Electric or Kerosene space heaters will not be allowed. ER - Energy Ratio EER - Energy Efficiency Rating COP - Coefficient of Performance When heating and cooling appliances, water heater appliances, and refrigerators are replaced, the client must surrender the old unit to be disposed of according to applicable state and federal laws. All unvented space heaters replaced must be destroyed beyond repair. All single-family households' existing refrigerators must undergo metered testing. The results of the testing must demonstrate a minimum annual energy consumption of 1250kwh with an energy efficient refrigerator. Refrigerators in households located in multifamily buildings may be replaced using criteria estabilshed by by TDHCA based on existing protocols using the units age of the unit as the determining factor. This protocol requires a refrigerator to be manufactured in 1993 or before. Replacement refrigerators must be Energy Star labeled rated with a maximum annual energy consumption of 489kwh. Only one refrigerator per eligible household will be allowed. Documentation of the metering results (or age in case of multifamily) must be maintained in the client file. Kilowatt per hour (KWH) usage of the new refrigerator and the total cost, including installation of the new refrigerator must be maintained in the client file. When the client is a renter, the contractor must document by a written statement signed by the landlord that the appliance is owned by the client and that the landlord relinquishes any claims to the appliance. (Contractor may seek a waiver of this requirement from the Department for special circumstances on a case by case basis). Real benefits to the household are based on the energy efficiency needs of the dwelling, as determined by an appliance energy assessment. The maximum allowable costs are as follows: * Heating and Cooling appliances not to exceed $3000.00 per household. 05/20/03 08:51 FAI 5124753935 TDHCA CAEA 002 TEXAS DEPARTMENT OF MOUSING. AND COMMUNITY Rick Pcrry GovexNUx Edwina 11 Carrington May 20, 2003 Todd Steelman City of Lubbock Community Development Department AFFAIRS BOARD MEMBEMS Michael E Jons. Chair Eliubcrb Andc son Shadrick Bopny C. Kent Conine vi" Gonzalez Norberto Salinas Todd; As I mentioned earlier, I noticed some incorrect figures for the CEAP Contract (Contract 9582048). The figures are derived from a standard formula which splits the money 84/10t6. The figures in the contract you will receive this morning are affected by the administration that Guadalupe Services was not allowed to draw. The budget will look like this when the revisions are made: BUDGET CATEGORY FUNDS % Administration 37,927 10.00 Case Management 22,756 6.00 Direct Services 318,589 84.00 TOTAL BUDGET $ 379,272 Energy Crisis 31,859 10.00 Co -Payment 95,577 30.00 Elderly and Disabled 111,506 35.00 Heating and Cooling 63,718 20.00 Direct Services Support 15,929 5.00 TOTAL DIRECT SERVICES $ 318,589 100.00 Sorry for the confusion, in my rush to get the contracts out I wasn't able to do a complete check on the figures prior to release. I just tracked the package and UPS show the package at the Lubbock airport at 7:45 a.m. this morning. I'll keep checking every thirty minutes. I truly appreciate your patience on this - Take Care -- Michael De Young Fiscal and Planning Visit us con the world wide web aa: raruw.rdbca.sraac.rx.ut 507 SABINE - SUfTF 400 • P. U. SOX I3941 • AUSTIN, fEXAS 78711-3941 - (512) 475-3800 0P—dauMhWkdpr- Linda Hart Max 22, 2003 Council A enda items 65-68 Page 1 From: Todd Steelman To: Linda Hart Date: 5/21 /03 9:OOAM Subject: May 22, 2003 Council Agenda items 65-68 Linda, These four items are funding grants from the State Texas Department of Housing and Community Affairs for weatherization and energy assistance. All four are electronic contracts, thus no signature page. This is acceptable according to Legal. Todd Steelman CC: Amy Sims