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HomeMy WebLinkAboutResolution - 3013 - Contract - TDCA - 1989 Energy Crisis Intervention Grant - 01_12_1989Resolution #3013 January 12, 1.989 Item #39 RESOLUTION BE IS 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 copies herein in detail. Passed by the City Council this 12th day of January , 1989 . C. McMinn, MAYOR ATTEST: Ran to Boyd, City S c etary APPR VED AS TO CONTENT: aug He C rie, omm ni Relations Di c t o r APPROVED AS TO FORM: a L v wN/w t) Vandiver, Assistant City Atto Consider a resolution authorizi contract with the Texas Depar the Enerav Crisis Interventio ng the Ma ent of Co Grant. r to sign a unity Affairs for The City of Lubbock has received the 1988-89 contract from the Texas Department of Community Affairs for the Energy Crisis Intervention Program. The grant provides $43,833, which is the same amount as last year. Of this amount, $41,093 or 93.75% will be used for direct assistance to pay utility bills in emergency situations. The remaining $2,740 or 6.25% will cover administrative costs of the program. Funds will be used to assist the elderly, handicapped and families with pre-school age children. To be eligible, the families must be experiencing some extraordinary crisis that has depleted their resources normally used to pay utility bills. Such instances include accidents or illness resulting in high medical bills, loss of employment, death or funeral expenses, unusually high utility bills resulting from severe weather, or termination of unemployment compensation. Termination of utility service alone does not constitute an energy crisis. These funds cannot be used to pay reconnect fees or deposits. If necessary, Project Help money can be used for these expenses. Assistance is available to pay any utility bill, gas, electric, propane or water is a health -threatening condition is involved. The Community Services Department is required to determine eligibility and arrange for payment of utility bills within 48 hours of application. State funds are to be spent county -wide. Project Help money is spent within the city limits, primarily with City of Lubbock bills. Last year, a total of 299 families were assisted. We recommend approval of this contract. TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT NO. 589048 FOR THE ENERGY CRISIS PROGRAM 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 (hereinafter the "Department") and City of Lubbock (hereinafter the "Contractor"). SECTION 2. CONTRACT PERIOD This contract shall commence on. November 1, 1988 and. unless earlier terminated, shall end on September 30, 1989 (hereinafter the "Contract Period"). SECTION 3. CONTRACTOR PERFORMANCE Pursuant to the Low -Income Home Energy Assistance Act of 1981, as amended, 42 U.S.C. sec. 8621 et seg., (hereinafter 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 (hereinafter Exhibit "A"), the Budget (hereinafter Exhibit "B"), and the Allowable Activities Document (hereinafter 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: FY189 Available ECP Funds: Thirty-two Thousand Eight Hundred Seventy-five and No/100 Dollars ($32,875.00 . B. Contractor has furnished Department with an estimate of the amount of funds awarded to contractor under ECP Contract No. 588048 that will remain unexpended as of the termination of such Contract. Contractor may utilize such funds for the performance of this contract. Department's liability under this subsection is limited to the actual amount of funds finally determined by Department to be unexpended under the previous ECP contract. Estimated FY'88 ECP Carry -in Funds: One Thousand Two Hundred Thirty-seven and 92/100 Dollars ($1,237.92). C. 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'89 Anticipated ECP Funds: three and No/100 Dollars ($4 three Thousand Eight Hundred Thirt 1 of 8 ECP/Rev. 11-88 » 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 contract, the existence of questioned or disallowed costs under this or other contracts between the parties, and Contractor's overall compliance with the terms of this contract. D. Department's obligations under this Section are contingent upon the actual receipt 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 Report within ninety (90) days following the termination of this contract; or (4) is not incurred during the Contract Period. SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. After the execution of this contract, Department may make an initial advance payment to Contractor, against Department's liabilities hereunder, of an amount not to exceed thirty (30) days need but in no event more than twenty percent (20%) of Department's obligation specified in Section 4(A). Department may make such initial advance payment upon receipt from Contractor of a properly completed Monthly Funding Report and State of Texas Purchase Voucher. S. For each subsequent 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 Monthly Funding Report and State of Texas Purchase Voucher for an amount not to exceed Contractor's actual cash needs for zhe month for which such advance is sought. C. 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. D. 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 2of8 ECP/Rev. 11-88 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. E. 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. F. 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, l T.A.C. sec. 5.141 thru 5.167 (hereinafter the "Uniform Grant Management Standards") provided that all references therein to "local government" shall be construed to mean Contractor. SECTION 7. ALLOWABLE ADMINISTRATIVE EXPENDITURES Administrative costs incurred by Contractor in shall be allowable up to a maximum of 6.25% of the within the Contract Period. Contractor shall pay remaining costs of planning and administering the contract. SECTION S. TERMINATION AND SUSPENSION carrying out this contract total contract expenditures from non-federal sources the program assisted under this 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. 3 of 8 ECP!Rev. 11-88 SECTION 9. CHANGES AND AMENDMENTS Any change in the terms of this contract required• by a change in federal or state law or regulation is automatically incorporated herein effective on the date designated by such law or regulation. Except as otherwise specifically provided herein any other change in the terms of this contract shall be by 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, A-102, Attachment "C". B. Contractor shall give the United States Department of Health and Human Services, the U.S. General Accounting Office, and Department, or any of their duly authorized representatives, access to and the right to examine and copy, on or off the premises of Contractor, all records pertaining to this contract. Such right to access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible location and to cooperate with any examination conducted pursuant to this Subsection. C. Contractor shall include the substance of this Section in all subcontracts. 4 of 8 ECP/Rev. 11-88 SECTION 13. REPORTING REQUIREMENTS A Contractor shall submit, for receipt by Department no later 'than the twentieth (20th) day of the month after the end of each month of the contract period specified in Section 2 of this contract, an ECP Monthly Funding Report, of all expenditure of funds under this contract during the previous month. B. Contractor shall submit, for receipt by Department no later than the twentieth (20th) day of the month after the end of each quarter of the Contract Period, an ECP Quarterly Performance Report. C. Contractor shall submit to Department no later than thirty (30) days after the end of the Contract Period an inventory of all nonexpendable personal property (as such is defined in the Uniform Grant Management Standards, A-102 Attachment N) 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. 0. Contractor shall submit to Department no later than ninety (90) days after the termination of this contract, a final ECP Monthly Funding Report of, all expenditures of funds under this contract. The failure of Contractor to provide a full accounting of funds expended under this contract shall be sufficient reason for Department to terminate this and any future contract with Contractor. E. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit any report required by this contract to Department in a timely and satisfactory manner,Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 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 primary performance of this contract (as opposed to -supportive services) unless Contractor's intention to subcontract is indicated on Exhibit "A". Contractor shall submit to Department a signed copy of each such subcontract. Department is in no way liable to Contractor's subcontractor(s). B. Contractor shall ensure that the subcontractors named in Exhibit "A 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. 5of8 ECP/Rev. 11-88 0 SECTION 16. CONFLICT OF INTERESTINEPOTISM 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. COMPLIANCE WITH LAW Contractor shall comply with the LIHEA Act and with the rules and regulations promulgated thereunder, and with all federal, state, and local laws and regulations applicable to the performance of this contract. SECTION 18. 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 19. 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. S. 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. SECTION 20. 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 6of8 ECP/Rev. 11-88 in accordance with the Single Audit Act of 1984, 31 U.S.C. sec 7501 et sea. (hereinafter 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 21. POLITICAL ACTIVITY AND LOBBYING 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 erection or the passage or defeat of any legislation or appropriation. SECTION 22. SECTARIAN INVOLVEMENT PROHIBITED No funds received 'by Contractor under this contract may be used, either directly or indirectly, to support any religious or anti -religious activity. SECTION 23. PREVENTION OF WASTE, FRAUD, AND ABUSE A. Contractor shall establish, maintain, and utilize systems and procedures to prevent, detect and correct waste, fraud and abuse in activities funded under this contract. The systems and procedures are to address possible waste, fraud and abuse by Contractor, its employees, recipients, vendors and administering agencies. Contractor's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by Department. B. Contractor shall give Department complete access to all of its records, employees, and agents for the purposes of any investigation of the Energy Crisis Program. Contractor shall fully cooperate with Department's efforts to detect, investigate, and prevent waste. fraud, and abuse in the Energy Crisis Program. C. Contractor may not discriminate `against any employee or other person who reports a violation of the terms of this contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is made in good faith. 7of8 rro/Qov 11_.RA # SECTION 24. MAINTENANCE OF EFFORT Funds provided to Contractor under this contract may not be substituted for funds or resources from any other source nor in any way serve to reduce the funds or resources which would have been available to or provided through Contractor had this contract never been executed. SECTION 25. 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 26. ORAL AND WRITTEN AGREEMENTS All oral and written agreements between the parties relating to the subject matter of this contract have been reduced to writing and are contained in this document and the exhibits attached hereto. SECTION 27. 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 11988. CITY OF LUBBOCK TEXAS DEPARTMENT OF COMMUNITY AFFAIRS APPRO ED AS TO CONTENT: aug n endrie erector of Community Relations c APPROVED AS TO FORM: C. McMinn, Mayor -I- r,^ „ „_,� r-, , City of Lubbock . uGnaia b. Vanaiver, Assistant City Attorney Willie L. Scott, Executive Director Texas Department of Community Affairs This contract is not effective until signed by the Executive Director of T Department or his designee. ECP/Rev. 11-88 8 of 8 Contractor Name: City of Lubbock - Communtiy SPrvirPs nPnartmPnt Contract # � 589048 Contract Period: 11-1-88 to 9-30-89 EXHIBIT A PERFORMANCE STATEMENT ENERGY CRISIS PROGRAM ACTIVITIES DESCRIPTION # PERSONS HOUSEHOLDS SERVED 1. Contractor shall develop an Energy Crisis # 300 # 1.500 Program for low-income residents of the geographic area referenced in Section 3 of this contract providing assistance in the following areas: Utility Assistance 245 1,330 Temporary Shelter 10 220 Emergency Fuel Delivery 20 56 Purchase of Portable Heating and Cooling Units 5 in Purchase, Lease or Repair Containers/Lines 10 34 Evaporative Water Cooler Operating Costs 10 5o 2. Contractor shall maintain in its files supporting documentation satisfactory to Department of activities conducted pursuant to this Exhibit A. Page 1 of 1 EXHIBIT A ECP - Rev. 11/88 +293 Contractor Name: City of Lubbock - Community Services Department Contract # 589048 Contract Period: 11-1-88 to 9-30-89 EXHIBIT B BUDGET ENERGY CRISIS PROGRAM BUDGET CATEGORY STRIPPER WELL LIHEAP TOTAL Administration $ N/A $ 1.642 $ 1 6a9 Direct Services TOTAL 17,561 $ 17,561 24,630 $ 26,272 42,191 $ 43,833 Administrative costs -- salaries (including outreach/intake workers), fringe benefits, travel, equipment, supplies, audit and office space -- are limited to 6.25% of the contract total. 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. Page 1 of 1 Exhibit B ECP - Rev. 11/88 +293 EXHIBIT C ALLOWABLE ACTIVITIES DOCUMENT ENERGY CRISIS PROGRAM 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 assistance 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 in the household. NOTE: A utility termination notice ALONE does not constitute an energy crisis nor is it a prerequisite to receive program services. 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. I of 8 Exhibit C/Rev. 11-88 (+1764) 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. 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. announcements at meetings or published in newsletters C. notices provided to other social service agencies D. flyers distributed E. referral arrangements with energy supplier/vendors F. home visits 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 twelvemonths (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 as described above and that have anincome 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 2 of 8 Exhibit C/Rev. 11-88 (t1764) 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 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. 5. 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. 6. LIMITATION OF PAYMENT In no event shall the sum of Energy Crisis Program funds provided under this contract, during this contract period, to and/or on behalf of any household exceed the actual amount needed to ameliorate the household's energy —related crisis problem or the level of maximum assistance allowed the household per contract period, whichever is less. Payment shall not be made to vendors on behalf of such clients which does not result in resolving the immediate energy crisis. 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. 3of8 Exhibit C/Rev. 11-88 (+1764) .. . ` In order to assure that the highest level of assistance will be furnished to those households which have the lowest incomes and highest energy costs, taking .into account family Size, the Energy Crisis payments will be based on the following plan: Households With Incomes Of: Maximum Allowable Assistance 0 - 50% of Poverty Households would receive ' amount needed to solve crisis up to an amount not to exceed $400. 51 - 80% of Poverty Households would receive amount needed to solve crisis up to an amount not to exceed $380. 81 - 110% of Poverty 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 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 commensurate with the crisis. Funds expended under this program must meet the criteria of addressing only energy crisis needs. Only the following types of assistance may be provided with funds under this 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; where necessary to prevent undue hardships or extreme health dangers from an energy crisis, direct payment to vendors 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 necessitating temporary evacuation of household members. Payments shall not be madefor rent or mortgages; 2. emergency deliveries of fuel, not to exceed $150 per actual pumped delivery per household; NOTE - credit lines shall not be established should delivery be less than the $150 limit; 3. purchases of portable heating/cooling units not to exceed $150 per household for the duration of the contract period; 4 of 8 Exhibit C/Rev. 11-88 (+1764) 4. purchase, or . lease or repair of liquefied petroleum gas containers as well as the gas line associated with the containers not to exceed the household maximum allowable limit and if such service ensures the flow of heat to the household. These emergency funds --whether for emergency fuel deliveries, purchase of portable heating/cooling units, or temporary shelter --with a limit of $150, shall be considered part of the total maximum household allowable assistance. Funds of this program shall not be used to weatherize homes, nor for medical services, food, transporation assistance, or penalties/fines assessed to clients. C. payment for repair of heating/cooling units of whatever variety, and related home repairs, 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. J D. payment of water bills is an allowable cost only when such costs include expenses from operating an evaporative water cooler unit or when the water bill is an inseparable integral part of a total (utility) energy bill. As a part of the intake and elgibility 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 a period not to exceed 60 days prior to client application. Furthermore, contractor shall also negotiate with the utility provider to pay only the energy portion of the bill. whenever possible. Contractor must ensure in each case where payment is certified that: 1. reconnection of utilities and/or delivery of fuel is made promptly upon certification for payment; 2. for any remaining balance, Contractor has negotiated with the service provider for the customer to be allowed a deferred payment assignment or a level payment plan; 3. a reconnection fee will be paid only in line with the registered tariff filed with the Public Utility Commission and/or Texas Railroad Commission, and payment cannot exceed the stated tariff cost. 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; 4. no security deposit is required to be paid except when such a deposit is required by state law or is listed as an approved cost in the tariff filed with the Public Utility Commission 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 eventually returned to client, it cannot be paid. 5 of 8 Exhibit C/Rev. 1'-88 (+1754) S. payment for utility costs 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 on its behalf. Such notification shall be documented. Contractor shall maintain proof of utilitylor fuel bill payment. 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. 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 infirm the means to: a. submit applications for energy crisis benefits without leaving their residences; or b. travel to the sites at which such application 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. 6 of S Exhibit C/Rev. 11-88 (+1764) a If an emergency voucher (or check) is issued to a vendor to provide alternative shelter or to purchase a portable heating or cooling unit, a dated and signed copy of the voucher (or check) should be in the client file. Contractor does not have to deliver a check to the applicant or fuel vendor, within these deadlines. The intent is to ensure that individuals who are in life threatening situations receive care and the crisis is averted. Noncash assistance will satisfy these standards as long as the assistance is received by the client within the deadlines specified in the statute. Examples of energy -related crisis intervention include space heaters, alternative shelter, payments, flexible arrangements with utility providers, and resolution of the crisis through means which result in the immediate provision of essential energy. Contractor will be considered in compliance with this provision as long as the crisis is averted by the deadline. 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. SERVING TENANTS For those eligible tenants who have utility and/or fuel bills separately this plan for nonrenters apply. a separate meter or who pay their from the rent, the provisions set by For those eligible tenants who pay heating and utility bills 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 landlord, then he must furnish evidence that the bill has been paid. 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; 7 of 8 Exhibit C/Rev. 11-88 (+1764) 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.