HomeMy WebLinkAboutResolution - 3476 - Contract - TDCA - 1990-91 Energy Crisis Grant Program - 10_22_1990Resolution # 34 76
October 22, 1990
Item #1.3
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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 Community Affairs
for energy crisis intervention for low income persons, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of
ATTEST:
aneyte Boyd, City Secr'6tal,r-y
APPROVED AS TO CONTENT: l
Sylvia A. Martinez, Community
Services Supervisor
APPROVED AS TO FORM:
4
uornaia b. vanaiver, rirs
Assistant City Attorney
October , 1990.
C `
4B. rMcMr AYOR
Page 1 of 8r
ATTACHMENT 2
GRANT PROPOSAL EVALUATION FORM
COVER SHEET
GRANT NAME: Energy Crisis Program
GRANT AGENCY: Texas Department of Community Affairs
GRANT FISCAL PERIOD: 11-1-89 to 10-30-90
MONTH/DATE/YEAR TO MONTH/DATE/YEAR
CITY DEPARTMENT/INDIVIDUAL
PREPARING GRANT: Sylvia A. Martinez
(Whom to contact in case of questions)
APPROVALS:
DEPARTMENT"HEAD DATE
ASSISTANT CITY MANAGER61R CHIEF OF POLICE
BUDGET AND RESEARCH DIRECTOR
DEPUTY CITY MANAGER
Upon completion of approvals, return to:
10 "o�o2-G%�
DATE
DATE
DATE -
Sylvia A. Martinez / Community Services by
INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE
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page 2 of 8
CITY OF LUBBOCK
GRANT PROPOSAL EVALUATION FORM
INSTRUCTIONS:
This form must be completed and signed by the appropriate individuals in
order for a grant application to be evaluated and approved by the City
Manager.
1. State, as clearly as possible, the goals and objectives of the proposed
project for which a grant is being sought.
The Energy Crisis Program is designed to assist individuals in an Energy
Crisis situation with utility assistance to restore utility service or to
prevent loss of utility service. Through Community Involvement, Project
Help, Inc. has provided local utility assistance funding to the
department in order to assist clients who do not meet the state
guidelines.
A. Is this the fulfillment of an identifiable community (Lubbock) goal?
If so, list the source of the identified goal.
Yes. Alliance for the 90's Community Needs Assessment.
B. Is this the fulfillment of an identifiable community (Lubbock) need?
If so, please provide quantifiable data (studies, etc.) that
illustrate the community need and how this grant will meet that need:
Yes. Approximately 12% of the population is low-income within Lubbock
County, of these many are in need of utility assistance of which the
grant may provide assistance.
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page 3 of 8
2. List at least three measures by which City Staff and City Council might
be able to evaluate the.program in order to determine that it has reached
the goals and objectives described in Question 1.
- Ensure that the elderly, handicapped, and families with small children
meeting the requirements are assisted with utility assistance.
- Inform clients applying for utility assistance with energy saving
information.
- Ensure that community contributions through Project Help are utilitized
by the department for utility assistance clients.
3. Will this program benefit the Lubbock community as a whole? If not,
please provide a detailed profile of the individuals or groups that will
benefit from the program.
No. Only families with an energy crisis and meet income guidelines and
be experiencing an energy crisis.
4. Are other agencies (other than the City of Lubbock) available to
administer this program? Yes.
If so, list the agencies:
Catholic Family Services
County General Assistance
Neighborhood House
Salvation Army
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Page 4 of 8
5. Are other agencies administering similar programs?
agencies. If not, why not?
Yes. Catholic Family Services
Neighborhood House
County General Assistance
Salvation Army
If so, list the other
6. Is the program or activity provided by this grant required by state or
federal law or required as a condition of other ongoing state or federal
programs? Please explain:
No.
7. Does the grant require a local match? If so, in what amount? Is the
match in the form of cash or an in -kind contribution?
No.
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Page 5 of 8
8. Is the grant for capital or operating programs? Please describe
specifically what the funds will be used for (personnel, supplies,
services, capital outlay, capital project, etc.).
Operating (only):
Personnel : 6.25% of full-time employee's salary is paid through this
grant
Other:_ Direct utility assistance
A. If the grant is for capital outlay or a capital project, will it
result in ongoing City operational costs? Is so, explain in detail.
No.
B. If the grant is for an operating program or programs, is it a one-time
grant which will result in ongoing City expenses, if the program is to
be continued in the future?
This grant is dependent on the availability of federal appropriation.
The percentage of funding varies from year to year.
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C. Does the grant require continuation"of the program, at City expense,
after grant funding has expired? If so, how long will the City be
obligated to expend local funds, and in what areas? Be specific.,
No.
9. Is the grant a one-time grant, a one-time grant with an option to renew
the grant, or an on -going grant? If the grant in on -going, how many
years has the grant been provided to the City, and what year does the
upcoming period represent (2nd year, 5th year, etc.). If the grant has
an option to _renew, how often can it be renewed, and what are the terms
of renewal? Please explain.
This grant has been administered by the City for eight years. This will
be the 9th year and it is a 12 month grant. Renewal is based on Council
accepting the grant, as well as federal funds available.
10. Are indirect costs reimbursed by the grant?
No.
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Page 7 of 8
11. Are grant audit costs,reimbursed by the grant?
No.
12. What is the immediate (twelve-month) impact of the grant program on City
employee allocation and utilization? How will this affect their work
hours, productivity, etc. on City programs and activities?
6.250 of one full-time employees salary is paid through this grant.
Additional funds are provided through the Community Services Block Grant.
13. What is the long-term (five-year) financial and manpower impact of the
grant program both on the community.and on the City organization?
See no. 14.
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14. Provide, in as much detail as possible, a 5-year Revenue and Expenditure
Projection for the grant related program beginning with the current year
or the first year this grant will be in effect. Show any ongoing costs
to the City, even if the grant si only for one year. If the grant is
renewable or ongoing, show the estimated revenues and expenditures for
future years that you intend to renew/continue the grant (up to five
years).
Be sure to fully explain the source and type of revenues (in -kind)
contribution, reimbursement of expenses, etc.) and fully explain the
specific types of expenditures (payroll for 1/2 time clerk, purchase
desk, capital project construction, etc.). Attach additional sheets if
necessary.
FOR GRANT FISCAL YEAR
(FROM
11-1-90 to
9-30-91):
1991
1992
1993
1994 1995
Revenues
Federal Grant 85,534 85,534 85,534 85,534 85,534
State Grant - - - - -
Local Match - - - - -
Other - - - -
Total Revenues 85,534 85,534 85,534 85,534 85,534
FOR GRANT FISCAL YEAR (FROM 11-1-90 to 9-30-91):
1991 1992 1993 1994 1995
Expenditures
Personnel 5,346
Supplies
Maintenance
Other Charges 80,188
Capital'Outlay
Capital Project
Total Expenditures 85,534
5,346 5,346 5,346 5,346
80,188 80,188 80,188 80,188
85,534
A25-8
85,534 85,534 85,534
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS &7 ✓� ("'
CONTRACT NO. 591048 FOR THE
FY 1991 ENERGY CRISIS PROGRAM
CFDA #93.028
SECTION 1. PARTIES TO THE CONTRACT
This contract is made by and between the Texas Department of Community
Affairs, an agency of the State of Texas (herein the "Department") and City of
Lubbock. Community Services Department (herein the "Contractor").
SECTION 2. CONTRACT PERIOD
This contract shall commence on October 1, 1990, and unless earlier
terminated, shall end on September 30, 1991 (herein the "Contract Period").
SECTION 3. CONTRACTOR PERFORMANCE
Pursuant to the Low —Income Home Energy Assistance Act of 1981, as amended, 42
U.S.C. sec. 8621 et se . (herein the "LIHEA Act") Contractor shall operate, on
an equitable basis throughout Contractor's service area, an energy crisis
program (hereinafter '"ECP") in accordance with all applicable state and
federal regulations, and this contract, including the Performance Statement
(herein Exhibit "A"), the Budget (herein Exhibit "B"), and the Allowable
Activities Document (herein Exhibit "C"). Contractor's service area consists
of the following Texas counties:
Lubbock.
SECTION 4. DEPARTMENT OBLIGATIONS
A. In consideration of Contractor's satisfactory performance of this
contract, Department shall reimburse Contractor for the actual allowable
costs incurred in the amount of:
FY 191 Available ECP Funds: Thirty -Nine Thousand Eight Hundred
Seventy —Two and no/100 Dollars ($39,872.00)
B. By written notice to Contractor, Department may obligate additional funds
under Section 4(A). For planning purposes only, Contractor may assume
that the total award to Contractor during the Contract Period will be:
FY 191 Anticipated ECP Funds: Eighty —Five Thousand Five Hundred
Thirty —Four and no/100 Dollars ($85.534.00)
C. Any decision to obligate additional funds shall be made by Department
based upon factors, including but not limited to, the status of funding
under grants to -Department, the rate of Contractor's utilization of funds
under this or previous ECP contracts, the existence of questioned or
disallowed costs under this or other contracts between the parties, and
Contractor's overall compliance with the terms of this contract.
PAGE 1 OF 8
ECP/Rev. 9/90
D. Department's obligations under this Section are contingent upon the actual.
receipt by Department of funds from the U.S. Department of Health and
Human Services and the Office of the Governor of, the State of Texas.
Department acknowledges that it has received obligations from those
sources, which, if paid, will be sufficient to pay the allowable costs
incurred by Contractor under this contract.
E. Contractor shall plan for the provision of ECP services through March 15th
of the contract period utilizing no more than 75% of the funds received
under this Contract. The remaining 25% of the funds are reserved for ECP
services after March 15.
F. Department is not liable for any cost incurred by Contractor which:
(1) is subject to reimbursement by a source other than Department;
(2) is for performance of services or activities not authorized by the
LIHEA Act, or which is not in accordance with the terms of this contract;
(3) is -not reported to Department on an ECP Monthly
Funding/Financial/Performance Report (TDCA Form 56) within ninety (90)
days following the termination of this contract; or,
(4) is not incurred during the Contract Period.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. For each month of the Contract Period, Contractor may request an advance
payment by submitting to Department, no later than the twentieth (20th)
day of the month prior to the month for which advance payment is sought, a
properly completed ECP Monthly Funding/Financial/Performance. Repor- (TDCA
Form 56) 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 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
PAGE 2 OF 8
ECP/Rev. 9/90
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 Energy Crisis Program
and for allowable administrative expenditures.
SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
Except as specifically modified by law or the terms of this contract,
Contractor shall comply with the cost principles and uniform administrative
requirements set forth in the Uniform Grant and Contract Management Standards
for State Agencies, 1 T.A.C. §§ 5.141 et seq. (herein the "Uniform Grant
Management. Standards") provided that a1-1 references therein to "local
government" shall be construed to mean Contractor.
SECTION 7. ALLOWABLE ADMINISTRATIVE EXPENDITURES
Administrative costs incurred by Contractor in carrying out this contract
shall be allowable up to a maximum of 6.25% of the total allowable contract
expenditures within the Contract Period.. Contractor shall pay from
non-federal sources the remaining costs of planning and administering the
program assisted under this contract.
SECTION 8. TERMINATION AND SUSPENSION
A. Department may terminate this contract, in whole or in part, at any time
Department determines that there is cause for termination. Cause for
termination includes but is not limited to Contractor's failure to comply
with any term of this contract. Department shall notify Contractor in
writing at least thirty (30) days before the date of termination.
B. Nothing in this Section shall be construed to limit Department's authority
to withhold payment and immediately suspend Contractor's performance of
this contract if Department identifies possible instances of fraud, abuse,
waste, fiscal mismanagement, or other serious deficiencies in Contractor's
performance. Suspension shall be a temporary measure pending either
corrective action by Contractor or a decision by Department to terminate
this contract.
C. Notwithstanding any exercise by Department of its right of termination or
suspension, Contractor shall not be relieved of any liability to
Department for damages due to Department by virtue of any breach of this.
contract by Contractor. Department may withhold any payment due to
Contractor until such time as the exact amount of damages due to
Department from Contractor is agreed upon or is otherwise determined.
D. Department shall not be liable for any costs incurred by Contractor after
termination or during suspension of this contract.
SECTION 9. CHANGES AND AMENDMENTS
Any change in the terms of this contract required by a change in federal or
state law or regulation is automatically incorporated herein effective on the
PAGE 3 OF 8
ECP/Rev. 9/90
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 an
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 issued by Department in the
form of ECP Issuances. Issuances shall not alter the terms of this contract
so as to relieve Department of any obligation to reimburse an allowable cost
incurred by Contractor prior to the effective date of the Issuance or 5 days
after such Issuance is mailed or delivered to Contractor, whichever is later.
All ECP Issuances promulgated by Department, whether before or after the
execution of this contract, shall govern the performance of this contract
until specifically rescinded by Department.
SECTION 11. MONITORING
Department or its designee may conduct on and off -site monitoring and
evaluation of Contractor's compliance with the terms of this contract.
Department's monitoring may include a review of the efficiency, economy, and
effectiveness of Contractor's performance. Department will notify Contractor
in writing of any deficiencies noted during such monitoring. Department may
provide training and technical assistance to Contractor in correcting the
deficiencies noted. Department may require or suggest corrective action to
remedy deficiencies noted in Contractor's accounting, personnel, procurement,
and management procedures and systems. Department may conduct follow-up.
visits to review the previously noted deficiencies and to assess the efforts
Contractor has made to correct them. Department may terminate or suspend this
contract or invoke other remedies Department determines to be appropriate in
the event monitoring uncovers material deficiencies in Contractor's
performance or if Contractor fails to correct any deficiency within a
reasonable period of time.
SECTION 12. RETENTION AND ACCESSIBILITY OF RECORDS
A. Contractor shall maintain fiscal records and supporting documentation for
all expenditures made under this contract in accordance with the retention
and custodial requirements for' records set forth in the Uniform Grant.
Management Standards, Common Rule §_.42.
B Contractor shall maintain a client file system to document direct services
rendered. Each ECP client file shall contain the following:
1. Department's ECP Client Application;
2. Documentation/Veri.fication of Client Income;
3. Declaration of Income Eligibility (when required);
4. Copy of Client's Utility Bill(s);
5. Alien Status Form; and,
6. Documentation of Payment.
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,
PAGE 4 OF 8
ECP/Rev. 9/90
on or off the premises of Contractor, all records pertaining to this
contract. Such right to access shall continue as long as the records are
retained by Contractor. Contractor agrees to maintain such records in an
accessible location and to. cooperate with any examination conducted
pursuant to this Subsection. Contractor shall include the substance of
this subsection in all subcontracts.
SECTION 13. REPORTING REQUIREMENTS
A. Contractor shall submit, for receipt by Department no later than twenty
(20) days after the end of each month of the Contract Period an ECP
Monthly Funding/.Financial/Performance Report (TDCA Form 56) of all
expenditure of funds under this contract during the previous month.
B. Contractor shall submit to Department no later than sixty (60) days after
the end of the Contract Period an inventory of all equipment acquired in
whole or in part with funds received under this or previous Energy Crisis
Program.contracts. Upon the termination or non -renewal of this Contract,
Department may transfer title to any nonexpendable personal property so
acquired to itself or to any,other entity receiving funds under the.LIHEA
Act.
C. Contractor shall submit to Department no later than sixty (60) days after
the termination of this contract, a final ECP Monthly
Funding/Financial/Performance Report (TDCA Form 56) of all expenditures of
funds under this contract. The failure of Contractor to provide a full
accounting of funds expended under this contract shall be sufficient
reason for Department to terminate this and any future contract with
Contractor.
D. If Contractor fails to submit, in a timely and satisfactory manner, any
report or response required by this contract, Department may withhold any
or ail payments otherwise due or requested by Contractor hereunder.
Payments may be withheld until such time as the delinquent report or
response is received by Department. If the delinquent, report or response
is not received within forty-five (45) days of its due date, Department
may suspend or terminate this contract. If Contractor receives ECP funds
from Department over two or more contract periods, funds may be withheld
or this contract suspended" or terminated for Contractor's failure to
submit a report or response (including a report of audit) past due from a
prior contract period.
SECTION 14. INDEPENDENT CONTRACTOR
It is agreed that Department 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..
SECTION 15. SUBCONTRACTS
A. Contractor may not subcontract the performance of this contract unless
approved by Department. Contractor shall submit to Department a signed
copy of each such subcontract. Department is in no way liable to
Contractor's subcontractor(s).
PAGE 5 OF 8
ECP/Rev. 9/90
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 shall ensure 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 governing 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.
B. The person signing this
that he/she has been
contract on behalf of
.herein set forth.
contract on behalf of Contractor hereby warrants
duly authorized by Contractor to execute this
Contractor and to bind Contractor to the terms
PAGE 6 OF 8
ECP/Rev. 9/90
SECTION 19. AUDIT
A. Contractor shall arrange for the performance of a. financial and compliance
audit of the funds received under this contract. The audit shall be made
in accordance with the Single Audit Act of 1984, 31 U.S.C. sec 7501 et
seq. (herein the "Audit Act"), and OMB Circular No. A-128, "Audit of State
and Local Governments", 50 Fed. Reg. 19,114 (May 6, 1985). Where a
contract is awarded for audit services, the contract shall include a
reference to the Audit Act and OMB Circular A-128. Contractor shall take
such action to facilitate the performance of the audit(s) conducted
pursuant -to this Section as Department may require.
B. Contractor shall submit three (3) copies of the report of such audit to
Department no later than one hundred eighty (180) days after the end of
the audit period. Audits performed under this Section are subject to
review and resolution by Department or its authorized representative.
C. Contractor shall take immediate appropriate corrective action after
issuance of the audit report in instances of material noncompliance with
laws, regulations or this contract. Contractor shall be liable to
Department for any costs disallowed pursuant to financial and compliance
audit(s) of funds received under this contract. Reimbursement to
Department of disallowed costs shall be paid by Contractor from funds
which were not made available to Contractor under any contract with
Department..
SECTION 20. POLITICAL AND SECTARIAN ACTIVITY PROHIBITED
A. No funds received by Contractor hereunder may be used for any political
activity including, but not limited to, any. attempt to influence the
outcome of any election or the passage or defeat of any legislation or
appropriation.
B. No funds received by Contractor under this contract may be used, either
directly or indirectly, to support any religious or anti -religious
activity.
SECTION 21. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Contractor shall establish, maintain, and utilize systems and procedures
to prevent, detect and correct waste, fraud and abuse in activities funded
under this contract. The systems and procedures are to address possible
waste, fraud and abuse by Contractor, its employees, recipients, vendors
and administering agencies. Contractor's internal control systems and all
transactions and other significant events are to be clearly documented,
and the documentation is to be readily available for monitoring by
Department.
B. Contractor shall give Department complete access to all of its records,
employees, and agents for the purposes of any investigation of the Energy
Crisis Program. Contractor shall fully cooperate with Department's
efforts to detect, investigate, and prevent waste, fraud, and abuse in the
Energy Crisis Program.
PAGE 7 OF 8
ECP/Rev. 9/90
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 22. MAINTENANCE OF EFFORT
Funds provided to Contractor under this contract may not be substituted for
funds or resources from any other source nor in any way serve to reduce the
funds or resources which would have been available to or provided through
Contract had this contract never been executed.
SECTION 23. NO WAIVER
Any right or remedy given to Department by this contract shall not preclude
the existence of any other right or remedy, nor shall any action taken in the
exercise of any right or.remedy be deemed a waiver of any other right or
remedy. The failure of Department to exercise any right or remedy on any
occasion shall not constitute a waiver of Department0s right to exercise that
or any other right or remedy at a later time.
SECTION 24. SEVERABILITY
If any portion of this contract is held to be invalid by a court or
administrative tribunal of competent jurisdiction, the remainder shall remain
valid and binding.
SECTION 25. ORAL AND WRITTEN AGREEMENTS
All oral and written agreements between the parties relating to the subject
matter of this -contract have been reduced to writing and are contained in this
document and the exhibits attached hereto.
SECTION 26. EXHIBITS
The exhibits identified below are hereby made a part of this contract:
(1) Exhibit A, Performance Statement
(2) Exhibit B, Budget
(3) Exhibit C, Allowable Activities Document
Signed this day of 1990.
APPROVED -FOR FORM:
by:
Bob Cass, Deputy City Manager
CITY OF LUBBOCK, COMMUNITY SERVICES
DEPARTMENT
APPROVED FOR CONTENT:
Y�
tLo,rfald G. Vaniver
First Assistant City Attorney
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
by: - by:
.C. "Pe k McMinn, Mayor Willie L. Scott, Executive
Director
PAGE 8 OF 8
ECP/Rev. 9/90
805C
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
EXHIBIT A
PERFORMANCE STATEMENT
ENERGY CRISIS PROGRAM
CONTRACT NO. 591048
NITH
CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT
NUMBER OF NUMBER OF
HOUSEHOLDS
PERSONS
ACTIVITIES DESCRIPTION
SERVED
SERVED
1. Contractor shall develop an Energy Crisis
590
2,850
Program for low—income residents of the
geographic area referenced in Section 3
of this contract providing assistance
in the following areas:
Utility Assistance
485
2,325
Temporary Shelter
20
100
Emergency Fuel Delivery
35
175
Purchase of Portable
10
50
Heating and Cooling Units
Purchase, Lease or Repair
20
100
Containers/Lines
Evaporative Water Cooler
20
100
Operating Costs
2. Contractor shall maintain in its files supporting documentation
satisfactory to Department of activities conducted pursuant to this
Exhibit A.
PAGE 1 OF 1
ECP — REV. 9/90
805C
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
EXHIBIT B
BUDGET
ENERGY CRISIS PROGRAM
CONTRACT NO. 591048
HITH
CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT
BUDGET
FFY '91
SFY '91
SFY '91
CATEGORY
LIHEAP
STRIPPER HELL
EXXON TOTAL
Administration
(6.25%).$ 5.346
..$ (DNA) ..$
(DNA) ..$ 5,346
Direct Services ........ $ 18,933 ...$ 17,402 ..$ 43,853 ...$ 80,188
100% Total .............. $, 24,279 ...$ 17.402 ...$ 43,853 ...$ 85.534
NOTES: Administrative costs - salaries (including outreach/intake
workers), fringe benefits, travel, equipment, supplies, audit and
office space -- are limited to 6.25% of the contract expenditures.
No administrative expenses of an organization shall be charged to
Direct Services.
Department's prior written approval for purchase or lease of
equipment with acquisition cost of $300 and over is required.
Approval of this budget does not constitute prior approval.
Availability of budgeted funds is controlled by SECTION 4A.
DEPARTMENT OBLIGATIONS of this contract.
Funds may not be used for the purchase or improvement of land, or
the purchase, construction, or permanent improvement (other than
low-cost residential weatherization or other energy -related home
repairs) of any building or facility.
PAGE 1 OF 1
ECP - REV. 9/90
805C
EXHIBIT C
ENERGY CRISIS PROGRAM
ALLOWABLE ACTIVITIES DOCUMENT
1. ELIGIBILITY
The. Energy Crisis Program (ECP) is designed to assist people in an energy
crisis. As described in the Human Services Reauthorization Act of 1984 (PL
98-558), energy crisis is defined as weather -related and supply shortage
emergencies and other household energy -related emergencies. The term home
energy means a source of heating or cooling in residential dwellings. Some
emergencies may include:
A. bona fide inability to pay energy bills resulting in a supply
shortage, potential termination, or a supply shut-off that has already
occurred;
B. inoperable energy appliances in conjunction with severe weather
extremes that result in health hazards to members of the eligible
applicant household;
C. other circumstances that will require weather -related and energy
supply assista"ce to alleviate the crisis, i.e., emergency payments to
keep fuel in the house and, if necessary, also provide emergency
lodging, but not rent or mortgage payments, for the household who is
without shelter because of an energy -related situation.
A bona fide emergency energy crisis exists when extraordinary events or
situations have depleted or will deplete household financial resources
and/or have created problems in meeting basic household expenses,
particularly bills for energy so as to constitute a threat to the health or
well-being of the household, particularly the elderly, the handicapped, or
very young children.
NOTE: A utility termination notice ALONE does not constitute an energy
crisis.
Under this program, a household is not entitled to a certain preset amount
of assistance. For this program, the term household means any individual
or group of individuals who are living together as one economic unit.,
contributing financially to common household expense, and for whom
residential energy is customarily purchased in common or who make
undesignated payments for energy in the form of rent.
In order for a household to receive ECP assistance, the household must meet
all three of the following criteria:
a. have a bona fide energy crisis that is weather -related and results in
a current or potential supply shortage;
b. have a gross annual income which is less than 110% of the current
Poverty Income Guidelines; and
C. have at least one U.S. citizen or legally admitted alien residing in
the household.
All clients shall be provided the opportunity to make an application for
ECP services and shall be provided a copy of the ECP Information Sheet.
PAGE 1 OF 8
2. OUTREACH
Contractors shall document and provide outreach activities designed to
assure that eligible households, especially households with elderly persons
ages 60 or over and/or handicapped individuals or both are made aware of
the program and any similar energy -related assistance. Outreach activities
shall include activities as listed below or other activities which serve
the purpose of advertising the availability of this service to eligible
households, especially households with elderly and/or handicapped members.
A. news releases
B. an.nouncements at meetings
C. notices provided to other
D. flyers distributed
E. referral arrangements with
F. home visits
or published in newsletters
social service agencies
energy supplier/vendors
Handicapped person means any individual 1) who is a handicapped individual
as defined in Section 7(6) of the Rehabilitation Act of 1973, 2) who is
under a disability as defined in section 1614 (a)(3)(A) or 223 (d)(1) of
the Social Security Act or in Section 102 (7) of Construction Act, or 3)
who is receiving benefits under Chapter 11 or 15 of Title 38, United States
Code.
The term handicapped is clarified to mean an individual who is unable to
engage in any substantial employment by reason of any medically
determinable physical or mental condition which can be expected to result
in death or which has lasted or can be expected to last for a continuous
period of not less than twelve months (or in the case of a child under the
age of 18, if he/she suffers from any medically determinable physical or
mental impairment or comparable severity). Handicapped also means an
individual who has attained the age of 55 and is blind and who by reason of
such blindness is no longer able to be employed in the field previously
engaged.
Mentally impaired means a disability attributable to mental retardation,
cerebral palsy, epilepsy, or another neurological condition of any
individual closely related to mental retardation or to require treatment
similar to that required for mentally retarded individuals.
3. INCOME DISREGARD
Payments made under this program are not to be considered as income for the
purpose of determining eligibility or benefits under any income maintenance
program, including, but not limited to, public assistance, veteran
benefits, and food stamps.
4. DETERMINATION OF INCOME
Funds available for recipients. under the Energy Crisis Program shall be for
households having an energy crisis a.s described above and that have an
income less than 110% of the current Poverty Income Guidelines as issued by
the Secretary of Planning and Evaluation, Department of Health and Human
Services. As the Poverty Income Guidelines are updated, this program will
follow the most current published guidelines. Income refers to total
annual cash receipts before taxes from all sources. Income is more fully
described in the current Poverty Income Guidelines. Income data for a part
PAGE 2 OF 8
EXHIBIT C
ALLOWABLE ACTIVITIES DOCUMENT
ENERGY CRISIS PROGRAM
5.
of a year is to be annualized in order to determine eligibility. ,Each
local contractor should determine the method of annualizing most
appropriate to that locality and abide by that method only for all
recipients equally. During a contract period, a combination of methods may
not be utilized.
Annual gross income may be determined by:
A. estimating gross income for the period of thirty (30) days after the
date of the household's application and annualizing by multiplying by
twelve; or,
B. annualizing gross income from some consistent portion of a year
immediately preceding the household application date (e.g., 30 days,
90 days).
Proof of income will be required. Contractor shall receive and maintain
proof of the income eligibility documentation of each applicant household.
Such proof may consist of copies of checks, check stubs, award letters,
employer 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 eligibility statement. In such cases, local
contractors shall document verification of income eligibility. Verifying
income means confirming the correctness of the household's income reported
on the application through some source other than the applicant's
statement. Verification may not be from another member of the applicant's
household. Verification efforts shall be completed by the end of the next
working day from when the declaration of income eligibility statement was
provided.
RESIDENCE REQUIREMENT
In order to be` eligible for this program, the household must have' a
resident who is a U.S. citizen or a legally admitted alien.
LIMITATION OF PAYMENT
In no event shall the sum of Energy Crisis
this contract, during this contract period,
household exceed the actual amount needed t
energy —related crisis problem or the level o
the household per contract period, whichever '
made to vendors on behalf of such clients
resolving the immediate energy crisis.
Program funds provided under
to and/or on behalf of any
ameliorate the household's
maximum assistance allowed
s less. Payment shall not be
which does not result in
In determining the level of assistance provided to eligible applicants to
alleviate a particular energy crisis, consideration should be given to
other assistance provided under the Home. Energy Assistance Program or any
other local energy assistance program so as to avoid duplication of
assistance.
In order to assure that the highest level of assistance will be furnished
to those households which have the lowest incomes and highest energy costs,
taking into account family size, the Energy Crisis payments will be based
on the following plan:
PAGE 3 OF 8
Households With Incomes Of:
0 — 50% 'of Poverty
51 — 80% of Poverty
81 — 110% of Poverty
Maximum Allowable Assistance
Households would receive amount
needed to solve crisis up to an
amount not to exceed $400.
Households would receive amount
needed to solve crisis up to an
amount.not to exceed $380.
Households would receive amount
needed to solve crisis up to an
amount not to exceed $360.
Contractors may not establish lower local limits of assistance.
7. ALLOWABLE ASSISTANCE
Only the following types of assistance may be provided with the funds
provided under the ECP contract:
A. Payment to vendors and suppliers of fuel/utilities, goods, and other
services for past due or current bills related to the procurement of
energy to heat/cool a residence;
B. Where necessary to prevent undue hardships or extreme health dangers
from an energy crisis, the direct issuance of voucher disbursement is
allowable to provide:
1. Temporary shelter not to exceed $150 per household for the
duration of the contract Period in the limited instance 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;
Z.
3.
Emergency deliveries of fuel not to exceed $150 per delivery per
household; and,
Purchases of portable heating/cooling units not to exceed $150
per household for the duration of the contract period. These
emergency funds, whether for emergency fuel deliveries or
purchase of portable heating/cooling units with a limit of $150
or temporary shelter with a limit of $150, shall be considered
part of the total maximum household allowable assistance. Funds
for this oroaram shall not be used to weatherize dwellina units.
C. Payment for repair of heating/cooling units of whatever variety, if
such repair is absolutely necessary to assure heating/cooling for the
household, and, provided such repair does not exceed the household
maximum allowable limit and such repair would ensure the restoration
of the flow of heat/air to the household. Funds provided under this
contract in an amount not to exceed the household maximum allowable
limit may be matched with other funds to assure such heat/air flow be
restored for an eligible household.
PAGE 4 OF 8
` D. The payment of water bills is an allowable cost only when such cost
include expenses from operating an evaporative water cooler unit or
when the water bill is an inseparable integral part of a total
(utility) energy bill. As a part of the intake and eligibility
determination process, outreach or other contractor staff shall
confirm that the evaporative cooler(s) is (are) properly connected and
been in operation cooling the household's dwelling within 60 days
prior to client application. Furthermore, contractor shall also
negotiate with the utility providers to pay only the energy portion of
the bill, whenever possible.
E. Purchase, lease, or repair of butane or propane tanks as well as the
gas line associated with the tanks not to exceed the household's
maximum allowable assistance and if such service ensures the flow of
heat to the household.
F. A reconnection fee will be paid only in line with the registered
tariff filed with the Public Utility Commission and/or Texas Railroad
Commission, and payment cannot exceed that stated tariff cost. The
contractor will negotiate to have the reconnection costs reduced to
the actual labor and material costs and to assure that no penalties
are assessed for delinquency in payments; and,
G. No security deposit is required to be paid except when such a deposit
is required by state law or is listed as an approved cost in the
tariff filed with the Public Utility Commission and/or Texas. Railroad
Commission, and where required by law or tariff or regulation such
deposit is included in a deferred payment arrangement. If such
security deposit is to be eventually. returned to client, it cannot be
paid.
Contractors will make every effort to keep the level of assistance provided
to a household to the minimum required for addressing immediate energy
crisis needs. While utility/fuel rates and repair charges may vary from
vendor to vendor, contractors will negotiate for the lowest payment
possible to be commensurate with the crises. Funds expended under this
program must meet the criteria of addressing only energy crisis needs.
The contractors must ensure in each case where payment is certified that:
-- Reconnection of utilities and/or delivery of fuel is made
promptly upon certification for payment; and
-- For any remaining balance, the contractor has negotiated with the
service provider for the customer to be allowed a deferred
payment assignment or a level payment plan.
Payment may be made to landlords on behalf of eligible renters who pay
their utility and/or fuel bills indirectly.
Contractors shall notify each participating household of the amount of
assistance paid omits behalf. Such notification shall be documented.
Contractors shall maintain proof of utility or fuel bill payment.
PAGE 5 OF 8
8. TIME LIMITS FOR ASSISTANCE
Contractor shall ensure that it will:
A. not later than 48 hours after a household applies for energy crisis
benefits, provide some form of assistance that will resolve the energy
crisis if such household is eligible to receive such benefits; and
B. I not later than 18 hours after a household applies for crisis benefits,
provide some form of assistance that will resolve the energy crisis if
such household is eligible to receive such benefits and is in a
life -threatening situation.
Contractor shall:
C. 1. accept applications for energy crisis benefits at sites that are
geographically accessible to all households in the area to be
served; and
2. provide to low-income individuals who are physically infirmed the
means to:
a. submit applications for energy crisis benefits without
leaving their residences; or
b. travel to the sites at which such applications are accepted.
The preceding shall not apply to a program in a geographical area affected
by a natural disaster in the United States designated by the Secretary, or
by a major disaster or emergency designated by the President under the
Disaster Relief Act of 1974, for so long as such designation remains in
effect, if the Secretary determines that such disaster or such emergency
makes compliance with such sentence impracticable.
For clients who have already lost service or are in immediate danger of
loss of service, the 48 hour time limit (18 hours in life threatening
situations) will commence upon completion of the application process. Once
an application has been accepted by an agency representative and the client
interview has been terminated, the application process is considered to be
complete.
The Contractor must maintain written documentation in the client file that
the crisis was averted by the appropriate time deadline.
Examples:
If agency staff calls- a utility vendor to either restore the utility
or delay a cut-off of the utility, the call should be documented in
the client file stating 1) who made the call, 2) on what date the call'
was made, 3) who was called, and 4) what action was taken.
If an emergency voucher (or check) is issued to a vendor to provide
alternative shelter or to purchase a portable heating or cooling unit,
a dated and signed copy of the voucher (or check) should be in the
client file.
PAGE 6 OF 8
Contractor does not have to deliver a check to the applicant or fuel
vendor within these deadlines. The intent is to ensure that
individuals who are in life threatening situations receive care and
the crisis is averted. Noncash assistance will satisfy these
standards as long as the assistance is received by the client within
the deadlines specified in the statute. Examples of energy -related
crisis intervention include space heaters, alternative shelter,
payments, flexible arrangements with utility providers, and resolution
of the crisis through means which result in the immediate provision of
essential energy.
Contractor will be considered in compliance with this provision as
long as the crisis is averted by the deadline.
In order to fulfill the requirements of C(1), at a minimum, Contractor must
take ECP applications monthly in every county served on a pre -announced
basis. In order to fulfill the requirements of C(2), Contractor may take
the information on page 1 of the application form over the telephone, or
make a home visit to the applicant. If an applicant appears to meet the
income and residency requirements, then Contractor must either 1) make a
home visit to. the applicant to complete the application or 2) arrange for
transporting the applicant to a site where the application can be completed.
9. SERVING TENANTS
For those eligible tenants who have a separate meter or who pay their
utility and/or fuel bills separately from the rent, the provisions set by
this plan for nonrenters apply.
For those eligible tenants who pay heating and utility b"ills as part of
their rent, special efforts shall be made by Contractor to determine the
portion of the rent that constitutes the fuel and/or utility payment. Care
must be exercised when negotiating with the landlords that the cost of
utilities quoted is,' in line with the consumption for similar residents of
the community. If money is paid to the l.andlord, then he must furnish
evidence that the bill has been paid.
10. COORDINATION WITH OTHER PROGRAMS
In order to achieve compliance with Public Law 97-35 Title XXVI, contractor
is to coordinate with other energy related programs. Specifically,
contractor. is to make referrals to the local Weatherization Assistance
Program contractor.
11. APPEALS PROCESS
In compliance with the Low -Income Home Energy Assistance Act and State law,
TDCA will provide an opportunity for a fair administrative hearing to
individuals whose application for assistance are denied or not acted upon
in a timely manner by;
A. informing individuals of their right to a hearing if they are denied
assistance or the request was not acted upon in a timely manner by
printing such information. on the application form and ECP Information
Sheet;
PAGE 7 OF 8
•B. requiring each ECP contractor to develop and maintain minimum written
procedures for review of denials of services. Such procedures will be
made available in Spanish if determined by TDCA or the local
contractor to be necessary; and
C. providing for appropriate appellate review of adverse determinations
by Texas Department of Community Affairs and or court of appropriate
jurisdiction.
PAGE 8 OF 8
Exhibit C/Rev. 9/90
766C
Memo - FFY '91 Energy Crisis Program (ECP) Contract
October 10, 1990
Page 2
-- Fuel overcharge funds (SFY '91 Stripper Well and SFY '91 Exxon) are on
a reimbursement basis and for the provision of direct services only.
-- Twenty-f,ive percent (25%) of the grant and contract funds must be
reserved for use and services after March 15, 1991.
TDCA looks forward to another productive ECP contract year with your
organization. Should you have any related questions, please contact your
assigned program officer.
JAA:dhp
Enclosures
829C-P
830C-S