HomeMy WebLinkAboutContract 26657 CITY SECRETARY ,
CONTRACT NO.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 587039 FOR THE
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
SECTION 1 . PARTIES TO THE CONTRACT
This contract is made by and between the Texas Department of Housing
and Community Affairs, an agency of the State of Texas (the
"Department") and CITY OF FORT WORTH (the "Contractor") .
SECTION 2. CONTRACT PERIOD
The period for performance of this contract, unless earlier
terminated, is January 1 , 2001 through December 31 , 2001 .
SECTION 3. CONTRACTOR PERFORMANCE
.Contractor shall, on an equitable basis throughout its service area,
operate a Comprehensive Energy Assistance Program, (the "CEAP") , in
accordance with the terms of this contract and all applicable state
and federal regulations. Contractor shall assist low-income
persons, particularly the elderly and persons with disabilities and
households with young children 6 years of age and under in relation
to the current census demographics for age, income, and ethnicity
for Contractor's service area. Contractor shall implement CEAP in
accordance with the Low-Income Home Energy Assistance Act of 1981 ,
as amended, 42 U.S.C. Sec. 8621 et seq. (the "LIHEAP Act") , the
LIHEAP State Plan and the LIHEAP Intended Use Report. Services
shall include Case Management, Energy Crisis, Co-Payment, Elderly
and Disabled Assistance, and Heating/Cooling Systems assistance as
further specified in the Budget ("Attachment A") , and the Allowable
Activities Document ("Attachment B") .
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Contractor's satisfactory performance of
this contract, Department shall reimburse Contractor for the
actual allowable costs incurred by Contractor in the amount
specified in Attachment A of this contract.
B. Any decision to obligate additional funds or deobligate funds
shall be made by Department based upon factors, including but
not limited to; the status of funding under grants to
Department, the rate of Contractor's utilization of funds under
this or previous contracts, the existence of questioned or
disallowed costs under this or other contracts between the
parties, and Contractor's overall compliance with the terms of
this contract .
C. Department 's obligations under this contract are contingent
upon the actual receipt of funds from the U.S. Department of
Health and Human Services and the State of Texas. Department
acknowledges that it has received obligations from those
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sources, which, if paid, will be sufficient to pay the
allowable costs incurred by Contractor under this contract.
D. Department is not liable for any cost incurred by Contractor
which:
(1 ) is subject to reimbursement by a source other than
CEAP/LIHEAP;
(2) is for performance of services or activities not
authorized by the LIHEAP Act, or which is not in
accordance with the terms of this contract;
(3) is not reported to Department on a Monthly
Funding/Financial/Performance Report within sixty (60)
days following the termination of the Allocation Period;
or,
(4) is not incurred during the Allocation Period.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Contractor may request an advance payment by
electronically submitting to Department at its offices in
Austin, Travis County, Texas, no later than the fifteenth
(15th) day of the month prior to the month for which advance
payment is sought, a properly completed Funding Report for an
amount not to exceed Contractor's actual cash needs for the
month for which such advance is sought.
B. Contractor's requests for advances shall be limited to the
minimum amount needed and be timed to be in accordance with
actual immediate cash requirements of the Contractor in
carrying out the purpose of this contract. The timing and
amount of cash advances shall be as close as administratively
feasible to the actual disbursement by the Contractor for
direct program costs and the proportionate share of any
allowable indirect costs. Contractor shall establish procedures
to minimize the time elapsing between the transfer of funds
from Department to Contractor and the disbursal of such funds
by Contractor.
C. Notwithstanding Subsection 5(A) , Department reserves the right
to utilize a cost reimbursement method of payment if (1)
Contractor maintains excessive cash balances or requests
advance payments in excess of thirty (30) days need; (2)
Department identifies any deficiency in the internal controls
or financial management system used by Contractor; (3)
Contractor violates any of the terms of this contract; or (4)
Department's funding sources require the use of a cost
reimbursement method of payment.
D. Contractor shall refund, within fifteen (15) days of
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Department's request, any sum of money paid to Contractor by
Department which Department determines (1) has resulted in an
overpayment to Contractor or (2) has not been spent strictly in
accordance with terms of this contract. Department may offset
or withhold any amounts otherwise owed to Contractor under this
contract against any amount owed by Contractor to Department
arising under this or any other contract between the parties.
E. All funds paid to Contractor under this contract are paid in
trust for the exclusive benefit of the eligible recipients of
the Comprehensive Energy Assistance Program and for allowable
administrative, direct services support, case management,
direct services, and training/travel expenditures.
SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
Except as expressly modified by law or the terms of this contract,
Contractor shall comply with the cost principles and uniform
administrative requirements set forth in the Uniform Grant and
Contract Management Standards 1 T.A.C.5.141 et seq. (the "Uniform
Grant Management Standards") provided, however, that all references
therein to "local government" shall be construed to mean Contractor.
Uniform cost principles for local governments are set forth in OMB
Circular No. 87, and for non-profits in OMB circular No. 122.
Uniform administrative requirements for local governments are set
forth in OMB Circular No. 102, and for non-profits in OMB Circular
No. 110.
SECTION 7. USE OF ALCOHOLIC BEVERAGES
None of the funds provided under this contract shall be used for the
payment of salaries to any employee who uses alcoholic beverages
while on active duty. No funds provided under this contract for
travel expenses shall be used for the purchase of alcoholic
beverages.
SECTION 8. ALLOWABLE ADMINISTRATIVE, CASE MANAGEMENT AND DIRECT
SERVICES SUPPORT EXPENDITURES
A. Administrative, Case Management, and Direct Services Support
costs incurred by Contractor in carrying out this contract
shall be allowable up to the maximum percentage, as specified
in Exhibit A of this contract, of the total allowable contract
expenditures, excluding travel costs for training, within the
Allocation Period. Case Management costs incurred by
Contractor in carrying out this contract shall be allowable up
to the maximum percentage, as specified in Exhibit A of this
contract, of the total allowable contract expenditures,
excluding travel costs for training, within the Allocation
Period.
B. Administrative and Case Management funds are earned and
expenditures must be supported through allowable activities and
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support documentation, as specified in Attachment B Allowable
Activities Document. Contractor may choose to use its
administration, case management, and direct services support
dollars for direct service categories; however, contractor is
still required to perform Case Management and Direct Service
Support activities.
C. Direct Services Support expenditures must be supported by
appropriate documentation and the allowable activities as
specified in Attachment B, Allowable Activities Document.
SECTION 9. TERMINATION AND SUSPENSION
A. Department may terminate this contract, in whole or in part, at
any time Department determines that there is cause for
termination. Cause for termination includes but is not limited
to Contractor's failure to comply with any term of this
contract. Department shall notify Contractor in writing at
least fifteen (15) business days before the date of
termination.
B. Department may deobligate all or part of the funds provided
under this contract if Contractor has not expended at least 40%
of the funds within six months after the commencement of the
Allocation Period, or if the Contractor has not expended at
least 60% of the funds within nine months after commencement of
the Allocation Period. Contractor's failure to expend the
funds provided under this contract in a timely manner may also
result in either the termination of this contract or
Contractor's ineligibility to receive additional funding under
the Comprehensive Energy Assistance Program, or both.
C. Nothing in this Section shall be construed to limit
Department's authority to withhold payment and immediately
suspend Contractor's performance of this contract if Department
identifies possible instances of fraud, abuse, waste, fiscal
mismanagement, or other deficiencies in Contractor's
performance. Suspension shall be a temporary measure pending
either corrective action by Contractor or a decision by
Department to terminate this contract.
D. Notwithstanding any exercise by Department of its right of
termination or suspension, Contractor shall not be relieved of
any liability to Department for damages by virtue of any breach
of this contract by Contractor. Department may withhold any
payment due to Contractor until such time as the exact amount
of damages due to Department is agreed upon or is otherwise
determined.
E. Department shall not be liable for any costs incurred by
Contractor after termination or during suspension of this
contract.
SECTION 10. CHANGES AND AMENDMENTS
Any change in the terms of this contract required by a change in
federal or state law or regulation is automatically incorporated
herein effective on the date designated by such law or regulation.
Except as otherwise specifically provided herein, any other change
in the terms of this contract shall be by amendment in writing and
signed by both parties to this contract or by a Letter of
Notification (LON) signed by Department.
SECTION 11 . DEPARTMENT ISSUANCES
Department may issue policy directives which serve to establish
Contractor eligibility or interpret and clarify the terms of this
contract. Such policy directives shall be in the form of an
Issuance or Memorandum. An Issuance or Memorandum shall not alter
the terms of this contract so as to relieve Department of any
,obligation of reimbursement of an allowable cost incurred by
Contractor prior to the effective date of the Issuance. All
Issuances or Memoranda promulgated by Department, whether before or
after the execution of this contract, shall govern the performance
of this contract until specifically rescinded by Department.
SECTION 12. MONITORING
Department or its designee may conduct on and off-site monitoring
and evaluation of Contractor's compliance with the terms of this
contract. Department's monitoring may include a review of the
efficiency, economy, and effectiveness of Contractor's performance.
Department will notify Contractor in writing of any deficiencies
noted during such monitoring. Department may provide training and
technical assistance to Contractor in correcting the deficiencies
noted. Department may require corrective action to remedy
deficiencies noted in Contractor's accounting, personnel,
procurement, and management procedures and systems. Department may
conduct follow-up visits to review the previously noted deficiencies
and to assess the Contractor's efforts made to correct them.
Department may terminate or suspend this contract or invoke other
remedies Department determines to be appropriate in the event
monitoring uncovers material deficiencies in Contractor's
performance, or Contractor fails to correct any such deficiency
within a reasonable period of time. Department or its designee may
conduct an ongoing program evaluation throughout the contract year.
SECTION 13. VENDOR AGREEMENTS
Contractor shall implement and maintain a vendor agreement for each
of Contractor's vendors that contains assurances as to fair billing
practices, delivery procedures, and pricing procedures for business
transactions involving CEAP recipients. All vendor agreements are
subject to monitoring procedures performed by TDHCA.
SECTION 14. RETENTION AND ACCESSIBILITY OF RECORDS
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A. Contractor shall maintain financial and programmatic records,
and supporting documentation for all expenditures made under
this contract in accordance with the retention and custodial
requirements for records set forth in the Uniform Grant
Management Standards, Common Rule 42.
B. Contractor shall maintain a client file system to document
direct services rendered. Each client file shall contain the
following:
1 . Client application containing all Department requirements;
2. Documentation/Verification of Client Income (on all
household members 18 years and older) or No Income
Statement (if applicable) ;
3. Declaration of Income Eligibility (when required) ;
4. Copy of Client's Utility Bill(s) when required by
component;
5. Consumption history when required by component;
6. Documentation of Payment (Documentation of payment may be
maintained in a separate file, but must be accessible at
the site where client files are maintained.) ;
7. Documentation of benefits determination (when required by
component) ;
B. Notice of Denial Form (if applicable) ;
9. Right of appeal and procedures (if applicable) ;
10. Any documentation required by Policy Issuances; and
11 . Client service agreement (as required by component) .
12. Case Notes sufficient to document Case Management
activities have occurred (when required by component) ;
C. Contractor shall maintain complete client files at all times.
Client files reviewed at the time of program monitoring found
to be incomplete shall subject the costs associated therewith
to be disallowed.
D. Contractor shall give the U.S. Department of Health and Human
Services, the U.S. General Accounting Office, and Department,
or any of their duly authorized representatives, access to and
the right to examine and copy, on or off the premises of
Contractor, all records pertaining to this contract. Such
right to access shall continue as long as the records are
retained by Contractor. Contractor agrees to maintain such
records for three years in an accessible location and to
cooperate with any examination conducted pursuant to this
Subsection. Contractor shall include the substance of the
Subsection in all subcontracts. Upon termination of this
contract, all records are property of the CEAP.
SECTION 15. PROCUREMENT STANDARDS
A. Contractor shall develop and implement procurement procedures,
which conform to the uniform administrative requirements in
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Section 6. Contractor shall not procure supplies, equipment,
materials, or
services except in accordance with its procurement procedures
and WAP Policy Issuance #88-10.1 . All
procurement contracts, other than "small purchases" as defined
in WAP Policy Issuance #88-10.1 , shall be
in writing and shall contain the provisions required by WAP
Policy Issuance #88-10.1 .
B. Contractor shall ensure that its subcontractors comply with all
applicable terms of this contract as if the performance
rendered by the subcontractor was being rendered by Contractor.
Contractor shall inspect all subcontractors' work and shall be
responsible for ensuring that it is completed in a good and
workmanlike manner.
.SECTION 16. REPORTING REQUIREMENTS
A. Contractor shall submit as directed by the Department, for
Department review and approval, the Annual Service Delivery
Plan and Application. Funds will be withheld or this contract
suspended or terminated for contractor's failure to submit an
Annual Service Delivery Plan and Application, for failure to
obtain approval of the Service Delivery Plan, or for failure to
implement the program funded under this contract within 60 days
of the effective date of the contract.
B. Contractor shall electronically submit to Department no later
than fifteen (15) days after the end of each month of the
Allocation Period a Funding Report of all expenditure of funds
and clients served under this contract during the previous
month.
C. Contractor shall submit to Department no later than sixty (60)
days after the end of the Allocation Period an inventory of all
vehicles, tools, and equipment with a unit acquisition cost of
$500.00 or more and a useful life of more than one year, if
purchased in whole or in part with funds received under this
contract or previous Comprehensive Energy Assistance Program
contracts. The inventory shall reflect the vehicles, tools, and
equipment on hand as of the last day of the Allocation Period.
Contractor acknowledges that all equipment and supplies
purchased with funds from the CEAP are the property of CEAP and
as such stay with the program.
D. Contractor shall electronically submit to Department no later
than sixty (60) days after the end of the Allocation Period a
final Funding Report of all expenditures of funds and clients
served under this contract. Failure of Contractor to provide a
full accounting of funds expended under this contract may
result in the termination of this contract and ineligibility to
receive additional funds.
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E. If Contractor fails to submit, in a timely and satisfactory
manner, any report or response required by this contract,
Department may withhold any or all payments otherwise due or
requested by Contractor hereunder. Payments may be withheld
until such time as the delinquent report or response is
received by Department. If the delinquent report or response
is not received within forty-five (45) days of its due date,
Department may suspend or terminate this contract. If
Contractor receives funds from Department over two or more
Allocation Periods, funds may be withheld or this contract
suspended or terminated for Contractor's failure to submit a
past due report or response (including a report of audit) from
a prior contract or Allocation Period.
SECTION 17. INDEPENDENT CONTRACTOR
'It is agreed that Department is contracting with Contractor as an
independent contractor. Contractor agrees to indemnify Department
against any disallowed costs or other claims, which may be asserted
'by any third party in connection with the services to be performed
under this contract.
SECTION 18. SUBCONTRACTS
A. Contractor may not subcontract the performance of this contract
unless it receives Department's prior written approval.
Contractor shall submit to Department a signed copy of each
such subcontract. Department is in no way liable to
Contractor's subcontractor(s) .
B. Subcontractors shall comply with the terms of this contract to
the same extent as if the performance rendered by the
subcontractor were being rendered by Contractor.
Subcontractors will be subject to monitoring and investigation
by Department.
SECTION 19. CONFLICT OF INTEREST/NEPOTISM
A. Contractor covenants that neither it nor any member of its
governing body presently has or shall acquire any interest,
direct or indirect, which would conflict in any manner with the
performance of this contract. No person having such interest
shall be employed by Contractor or appointed as a member of
Contractor's governing body.
B. Contractor agrees that it will comply with Tex. Gov't. Code
Ann. ch. 573 by ensuring that no officer, employee, or member
of the governing body of Contractor shall vote or confirm the
employment of any person related within the second degree by
affinity or third degree by consanguinity to any member of the
government body or to any other officer or employee authorized
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to employ or supervise such person.
C. Contractor shall ensure that no employee, officer, or agent of
Contractor participates in the selection, or in the award or
administration of a subcontract supported by funds provided
hereunder if a conflict of interest, real or apparent, would be
involved. Such a conflict of interest would arise when: (1 )
the employee, officer, or agent; (2) any member of his or her
immediate family; (3) his or her partner; or (4) any
organization which employs or is about to employ, any of the
above, has a financial or other interest in the firm or person
selected to perform the subcontract.
D. Contractor's employees, officers, and agents shall neither
solicit nor accept gratuities, favors, or anything of monetary
value from subcontractors or potential subcontractors.
SECTION 20. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall, on the grounds of race, color, religion, sex,
national origin, age, handicap, political affiliation or belief, be
excluded from participation in, be denied the benefits of, be
subjected to discrimination under, or be denied employment in the
administration of or in connection with any program or activity
funded in whole or in part with funds made available under this
contract.
SECTION 21 . LEGAL AUTHORITY
A. Contractor represents that it possesses the practical ability
and legal authority to enter into this contract, receive and
manage the funds authorized by this contract and to perform the
services Contractor has obligated itself to perform hereunder.
B. The person signing this contract on behalf of Contractor hereby
warrants that he/she has been duly authorized by Contractor to
execute this contract on behalf of Contractor and to bind
Contractor to the terms herein set forth.
C. Department shall have the right to suspend or terminate this
contract if there is a dispute as to the legal authority of
either Contractor or the person signing this contract to enter
into this contract or to render performances hereunder. Should
such suspension or termination occur, contractor is liable to
Department for any money it has received for performance of the
provisions of this contract.
SECTION 22. DEPARTMENT/CEAP TRAINING TRAVEL
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A. In order to encourage attendance by CEAP staff at Department
approved training and/or technical assistance events, the
Department has added a travel fund to the contract budget.
B. The travel funds are to be used only for Department approved
training events. Contractor shall adhere to either its own
board-approved travel policy or the State of Texas travel
policies. (Reference Policy Issuance #95-16.3) .
C. From time to time, the Department may choose to add additional
funds to this category for other requested travel.
SECTION 23. AUDIT
A. Contractor shall arrange for the performance of an annual
financial and compliance audit of funds received and
'performances rendered under this contract, subject to the
following conditions and limitations:
1 . Contractors expending $300,000 or more in total Federal
awards shall have an audit performed in accordance with the
Single Audit Act Amendments of 1996, 31 U.S.C. 7507, and OMB
Circular No. 133, "Audits of States, Local Governments, and
Non-Profit Organizations" issued June 30, 1997. For purposes of
this Section 20, "Federal financial assistance" means assistance
provided by a Federal agency in the form of grants, contracts,
loans, loan guarantees, property, cooperative agreements,
interest subsidies, insurance or direct appropriations, but does
not include direct federal cash assistance to individuals. The
term includes awards of Federal financial assistance received
directly from Federal agencies, or indirectly through other
units of State and local government;
2. Notwithstanding Sections 4(D) (3) and (D) (4) above,
Contractor shall utilize funds budgeted under this contract to
pay for that portion of the cost of such audit services properly
allocable to the activities funded by Department under this
contract, provided however that Department shall not make
payment for the cost of such audit services until Department has
received a satisfactory audit report, as determined by
Department, from Contractor;
3. Contractor shall submit two (2) copies of such audit report
to the Department within the earlier of thirty (30) days after
receipt of the auditor's report(s) , or nine (9) months after the
end of the audit period. Contractor shall make audit report
available for public inspection within thirty (30) days after
receipt of the audit report(s) . Audits performed under this
Section are subject to review and resolution by Department or
its authorized representative.
4. The audit report must include verification of all
expenditures by budget category including matching funds, in
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accordance with Exhibit A-Budget of this contract.
B. The cost of auditing services for a Contractor expending less
than $300,000 in total Federal awards per fiscal year is not an
allowable charge under Federal awards.
C. Notwithstanding Subsection A of this Section 20, Department
reserves the right to conduct an annual financial and compliance
audit of funds received and performance rendered under this
contract. Contractor agrees to permit Department or its
authorized representative to audit Contractor's records and
obtain any documents, materials, or information necessary to
facilitate such audit.
D. Contractor understands and agrees that it shall be liable to
Department for any disallowed costs disallowed pursuant to
financial and compliance audit(s) of funds received under this
,contract. Contractor further understands and agrees that
reimbursement to Department of such disallowed costs shall be
paid by Contractor from funds which were not provided or
.otherwise made available to Contractor under this contract.
E. Contractor shall take such action to facilitate the performance
of such audit or audits conducted pursuant to this Section 20 as
Department may require of Contractor.
F. Contractor shall procure audit services through an open,
competitive process at least once every four years. The auditor
shall retain working papers and reports for a minimum of the
three years after the date of issuance of the auditor's report
to the Contractor. Audit working papers shall be made available
upon request to Department at the completion of the audit, as
part of a quality review, to resolve audit findings, or to carry
out oversight responsibilities consistent with the purposes of
this Section. Access to working papers includes the right to
obtain copies of working papers, as is reasonable and necessary.
SECTION 24. APPEALS PROCESS
In compliance with the LIHEAP Act, Contractor must provide an
opportunity for a fair administrative hearing to individuals whose
application for assistance is denied, or not acted upon in a timely
manner, according to the following procedures:
1 ) Contractor must provide written notification to applicant of
denial of assistance within ten (10) days of the adverse
determination, which shall include written instructions of the
appeals process, and specific reasons for the denial by
component. Applicants wishing to appeal a decision must provide
written notice to Contractor within 10 days of receipt of the
denial notice.
2) Contractor must establish a written appeals procedure which
shall, at a minimum, include the following provisions:
A. An appeals committee composed of at least three (3) persons who
are atrftFotive, not personally involved in the original
decision, and familiar with CEAP regulations. Appeals must be
heard by the committee within ten (10) days of Contractor's
receipt of the appeal.
B. Contractor's appeals process shall include tape recorded
hearings.
C. A majority vote to sustain the appeal and approve assistance
for the applicant, or to deny the appeal.
D. Written notification to applicant of the results of the appeal
by close of business the following business day. The
notification must include the applicant's right to appeal an
adverse determination to the Department.
,3) To appeal to the Texas Department of Housing & Community
Affairs, an applicant must provide an appeal request to
Department in writing within ten (10) days of an adverse
determination by Contractor. Department will review the tape
recording of the hearing, the committee's decision and any other
relevant information the Department requests. No oral testimony
will be allowed. Department will notify all parties in writing
of its decision within thirty (30) days of the receipt of the
appeal.
4) Please refer to the CEAP Appeals Process Policy Issuance #95-
3.4 for detailed procedures.
SECTION 25. POLITICAL ACTIVITY PROHIBITED
A. None of the funds provided under this contract shall be used
for influencing the outcome of any election, or the passage or
defeat of any legislative measure. This prohibition shall not
be construed to prevent any official or employee of Contractor
from furnishing to any member of its governing body upon
request, or to any other local or state official or employee,
or to any citizen, information in the hands of the employee or
official not considered under law to be confidential
information. Any action taken against an employee or official
for supplying such information shall subject the person
initiating the action to immediate dismissal from employment.
B. No funds provided under this contract may be used directly or
indirectly to hire employees or in any other way fund or
support candidates for the legislative, executive, or judicial
branches of government of Contractor, the State of Texas, or
the government of the United States.
C. None of the funds provided under this contract shall be paid to
any official or employee who violates any of the provisions of
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this section.
SECTION 26. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Contractor shall establish, maintain, and utilize systems and
procedures to prevent, detect and correct waste, fraud and
abuse in activities funded under this contract. The systems
and procedures shall address possible waste, fraud and abuse by
Contractor, its employees, recipients, vendors and
administering agencies. Contractor's internal control systems
and all transactions and other significant events are to be
clearly documented, and the documentation is to be readily
available for monitoring by Department.
B. Contractor shall give Department complete access to all of its
records, employees, and agents for the purposes of any
investigation of the Comprehensive Energy Assistance Program.
Contractor shall immediately notify Department of any discovery
of waste, fraud or abuse. Contractor shall fully cooperate
with Department 's efforts to detect, investigate, and prevent
waste, fraud and abuse in the Comprehensive Energy Assistance
Program.
C. Contractor may not discriminate against any employee or other
person who reports a violation of the terms of this contract or
of any law or regulation to Department or to any appropriate
law enforcement authority, if the report is made in good faith.
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Contractor under this contract may not be
substituted for funds or resources from any other source nor in any
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 28. NO WAIVER
Any right or remedy given to Department by this contract shall not
preclude the existence of any other right or remedy, nor shall any
action taken in the exercise of any right or remedy be deemed a
waiver of any other right or remedy. The failure of Department to
exercise any right or remedy on any occasion shall not constitute a
waiver of Department's right to exercise that or any other right or
remedy at a later time.
SECTION 29. SEVERABILITY
If any portion of this contract is held to be invalid by a court or
administrative tribunal of competent jurisdiction, the remainder
shall remain valid and binding.
SECTION 30. PRIOR ORAL AND WRITTEN AGREEMENTS
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All oral and written agreements between the parties relating to the
subject matter of this contract have been reduced to writing and are
contained in this document and the attached exhibits.
SECTION 31 . DEBARRED AND SUSPENDED PARTIES
1 . Contractor must not make any award (subgrant or contract) to any
party which is debarred or suspended or is otherwise excluded from
or ineligible for participation in Federal assistance programs under
Executive Order 12549, "Debarment and Suspension 45 C.F.R. Part 76".
2. Contractor certifies that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department .
3. Where Contractor is unable to certify to any of the statements in
.this certification, such prospective participant shall attach an
explanation to this contract.
SECTION 32. ENVIRONMENTAL TOBACCO SMOKE/PRO-CHILDREN ACT OF 1994
Contractor agrees that if it or any of its subgrantees provides
children's services funded directly or indirectly with Federal
dollars, it will comply with 20 U.S.C. 6081 et seq. Part B, Pro-
Children Act of 1994, concerning prohibition of smoking in certain
indoor facilities providing services to children. Failure to comply
with the provisions of this law may result in the imposition of a
civil monetary penalty of up to $1 ,000.00 per day.
SECTION 33. ATTACHMENTS
The attachments identified below are hereby made a part of this
contract:
(1 ) Attachment A, Budget
(2) Attachment B, Allowable Activities Document
SIGNED 01 -26-2001
BY: "CONTRACTOR
TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS
SIGNED 01 -29-2001
BY: Daisy Stiner - Executive Director
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This contract is not effective unless signed by the Executive
Director of the Department or authorized designee.
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
ATTACHMENT B- ALLOWABLE ACTIVITIES DOCUMENT
CONTRACTOR NAME: *
CONTRACT NUMBER: 587*
ALLOCATION YEAR: 581
ALLOCATION PERIOD: 01/01/01 -12/31/01
I. GLOSSARY OF TERMS
Affordability to have the financial capacity to meet an
obligation.
Assessment identifying, gathering, comparing and evaluating
information and data about a client household in
order to determine the type and nature of problems
involved, the capacities and resources of the client
household, and the services needed to assist the
client household.
Case Management involves conceptualizing the client household in
its social environment; identifying, providing
and/or referring the client to other social
services, legal services, health services, etc. ;
working with the client to develop solutions to the
problems and coordinating and monitoring progress
made toward resolution of the problem; representing
or advocating on behalf of the client with other
service providers to assure that needed services are
provided.
Client Service
Agreement written agreement between the agency and the client
concerning the target problem(s) , the goal(s) and
strategies and the roles and tasks of the
participants. The agreement must be dated and
signed by all parties, must be guided by a time-line
and must include statement of the consequences for
breaking the agreement.
Energy Burden heating and cooling expenditures of the household
for energy divided by the income of the household.
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Energy Education the process whereby individuals and households
learn to use energy efficiently, improve their
indoor comfort, and become aware of how their
behavior affects energy consumption, energy cost,
and health and safety within their homes.
Energy Need the home energy requirements of a household
determined by taking into account both the energy
burden of the household and the unique situation of
the household that results from having members of
vulnerable populations, such as very young children,
individuals with disabilities and frail older
individuals.
Energy is achieved when the low-income household is
consistently able to pay 10096 of its
Self-Sufficiency total monthly energy bill (see affordability) .
Goal a statement of broad results, outcomes or impacts
sought by clients.
Home Energy energy used to heat or cool residential dwellings,
to heat water, and cool food.
Household any individual or group of individuals living
together as one economic unit for whom residential
energy is customarily purchased in common or who
make undesignated payments for energy in the form of
rent.
Inputs the resources a program makes available to carry out
its activities.
Leveraging obtaining additional non-federal resources to help
low-income households meet their energy needs.
Measure quantifiable information that is chosen to assess
and describe program success or failure.
Mission a statement of the purpose for which a program was
created.
Outcome a measure of the program's result or effect on its
customers. Outcome measurements may cover
activities that are largely under the control of
program managers, or they may extend to an even
broader set of measures (often called measures of
impact) representing results that the program may
influence but does not achieve on its own (e.g. , a
reduction in the amount of energy used as a result
of weatherizing a home) .
Output a measure of the product and/or activities of a
program.
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Outreach method that actively attempts to identify clients
who are in need of services, alerts these clients to
service provisions and benefits, and helps them use
the services that are available.
Performance a process for determining if a program is
successful, as measured by
Measure expected outcomes and/or outputs.
Poverty Income Income guidelines issued by the Secretary of
Planning and Evaluation
Guidelines United States Department of Health and Human
Services.
Referrals linking a client household with an agency, program,
or professional person that can and will provide the
.service needed by the client.
Targeting focusing assistance to households with the highest
home energy needs.
Vision a statement of a preferred future that spells out
the conditions and quality of life to be achieved by
a program's client 's.
Weatherization in the LIHEAP program, this refers to energy
conservation measures and other cost-effective
energy-related home repair.
II. PROGRAM GUIDELINES
A. DEFINITIONS
The primary intent of the Comprehensive Energy Assistance
Program is to make funds available to enable Contractors to
respond to energy needs affecting low-income households who
have an income at or below 125% Poverty Income Guidelines and
who are unable to meet their household energy needs. Under
this program, a household is not entitled to a pre-set amount
of assistance.
Contractor shall provide all potential clients the
opportunity to apply for the Comprehensive Energy Assistance
Program.
B. PRIORITY
Contractor shall give priority to eligible households
containing one or more persons age 60 or above, individuals
with disabilities and families with young children under six
years of age. Priority shall be given to households with the
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lowest incomes that pay a high proportion of their incomes
for residential energy. Contractor demonstrates adherence to
these priorities by documenting special outreach efforts
directed at these populations. Contractor shall also put in
place a priority rating system to be applied to each
applicant household. Department will monitor Contractor on
these efforts.
The term disability may include conditions which render
individuals unable to engage in any substantial employment by
reason of any medically determinable physical or mental
condition which can be expected to last for a continuous
period of not less than twelve (12) months.
C. SERVING RENTERS
The provisions set by this plan for non-renters also apply to
those renters who have a separate meter or who pay their
utility and/or fuel bills separately from the rent.
For those renters who pay heating and cooling bills as part
of their rent, Contractor shall make special efforts to
determine the portion of the rent that constitutes the fuel
and/or utility payment. Contractor shall exercise care when
negotiating with the landlords so the cost of utilities
quoted is in line with the consumption for similar residents
of the community. If Contractor pays the landlord, then the
landlord must furnish evidence that the landlord has paid the
bill and the amount of assistance must be deducted from the
rent.
III. ELIGIBILITY GUIDELINES
A. INCOME ELIGIBILITY GUIDELINES
Contractor shall only distribute available funds under the
Comprehensive Energy Assistance Program to households needing
energy-related assistance and having an income that does not
exceed 12596 of the current Poverty Income Guidelines as
issued by the Secretary of Planning and Evaluation, U.S.
Department of Health and Human Services (USDHHS) .
When the Poverty Income Guidelines are updated, this program
will follow the most current published guidelines. Income
refers to total annual cash receipts before taxes from all
sources. Income is more fully described in General Policy
Issuance #2000-3.1 . Contractor shall annualize income data
for a part of a year in order to determine eligibility. Each
Contractor shall determine the method of annualizing most
appropriate to that locality and abide by that method only
for all recipients equally through the end of the contract
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period. During a contract period, a Contractor may not
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utilize a combination of income calculation methods.
All households at or below 125% of the Poverty Income
Guidelines will be afforded access to the program. This
applies to all components. There are no categorical
eligibility options. All applicant households will be
determined eligible according to the income guidelines and
program procedures.
B. DETERMINATION OF INCOME
Applicants must submit proof of income for all household
members 18 years and older. Proof may consist of checks,
check stubs, award letters, employee statements, etc. ,
showing the gross monthly income, if any. Income data for a
part of the year must be annualized. In the exceptional case
when proof of income is unavailable, an applicant must sign a
declaration of income statement. If the applicant has no
income, they must sign a statement of no income.
All proof of income must be within 12 months of the
application process.
C. INCOME DISREGARD
Payments not considered as income for the purpose of
determining eligibility or benefits under this program, are
listed in the Poverty Income Guidelines issued by the
Secretary of Planning and Evaluation, USDHHS.
IV. PROGRAM ASSISTANCE
This is not an entitlement program.
Contractor may not establish lower local limits of assistance.
Contractor may only provide the following types of assistance with funds
from the Comprehensive Energy Assistance Program contract.
? Payment to vendors and suppliers of fuel/utilities, goods,
and other services for past due or current bills related to
the procurement of energy for heating and cooling needs of
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the residence, NOT to include security lights and other
items.
? Payment to vendors-only one energy bill payment per month as
required by component.
? Assistance to households in developing goals for achieving
energy self-sufficiency through case management activities.
Case management activities may involve coordination of
resources, referrals to other programs, and client
involvement in developing a client service agreement.
Priority must be given to co-pay clients. others may receive
case management services if funds are available after serving
co-pay clients.
? Utility assistance to low-income elderly and individuals with
disabilities most vulnerable to the high cost of energy for
.heating and cooling needs of the residence.
? Replacement, retrofitting, or repair of household heating and
.cooling systems if needed. All replacement units must comply
with minimum standard for energy efficiency and must result
in energy savings for the client.
? Assistance for an energy-related crisis.
? Payment of water bills only when such cost includes expenses
from operating an evaporative water cooler unit. As a part
of the intake process, outreach, and coordination, contractor
shall confirm that a client owns a properly connected and
operational evaporative cooler and has used it within sixty
(60) days prior to application to cool the dwelling.
? Payment of other utility charges such as water, wastewater,
and waste removal are only allowable if these charges are an
inseparable part of a utility bill. Whenever possible,
Contractor shall negotiate with the utility providers and
clients to pay only the energy portion of the bill.
? Purchase, lease, or repair of butane or propane tanks as well
as the residential lines associated with the tanks or natural
gas lines of the dwelling, not to exceed the household's
maximum allowable assistance and only if such service ensures
the flow of energy necessary for heating and cooling to the
household.
? Purchase or repair of residential electric lines, not to
exceed household's maximum allowable assistance and only if
such service ensures the flow of energy necessary for heating
and cooling the household.
? Payment of reconnection fee in line with the registered
tariff filed with the Public Utility Commission and/or Texas
Railroad Commission. Payment cannot exceed that stated
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tariff cost, Contractor must negotiate to reduce the costs
to cover the actual labor and material and to assure that the
utility does not assess a penalty for delinquency in
payments.
? Payment of a security deposit only when state law requires
such a payment, or if the Public Utility Commission or Texas
Railroad Commission has listed such a payment as an approved
cost, and where required by law, tariff or regulation or a
deferred payment agreement includes such a payment.
Contractor cannot pay any security deposit the energy
provider will eventually return to the client.
? While utility/fuel rates and repair charges may vary from
vendor to vendor, Contractor shall negotiate for the lowest
possible payment. Contractor must have a signed vendor
agreement file from the energy vendor receiving direct LIHEAP
,payments from the contractor.
? Contractor may make payments to landlords on behalf of
eligible renters who pay their utility and/or fuel bills
indirectly. Contractor shall notify each participating
household of the amount of assistance paid on its behalf.
Contractor must document this notification. Contractor shall
maintain proof of utility or fuel bill payment. Contractor
shall ensure that amount of assistance paid on behalf of
client is deducted from client's rent.
V. ADMINISTRATION
A. ADMINISTRATIVE COSTS UNDER CEAP
Administrative functions are of a general nature but are not
clearly identified with a particular program. These functions
include planning, budgeting and accounting; and establishing
and directing a contractor's policies, goals, and
objectives.
B. ALLOWABLE ADMINISTRATIVE COSTS
Costs charged to the CEAP must be fair and reasonable and may
include:
? Financial and compliance audits
? General board and committee meeting expenses
? Executive Director
? General staff meetings
? Office management
? Accounting and budgeting
? Personnel management
? Purchase and distribution of equipment and supplies
? Insurance and bonding
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? Receptionist, switchboard mail distribution, filing, and
other centralized and clerical services
? Word processing and computer services and equipment
? Organization and procedure studies
? Travel expenditures
? General record keeping
? Office/facilities lease or rental (including outstations)
? Postage
? Duplicating/copying
? Telephone expenses
? Staff training
? Intake - Receiving an application, giving the client the
opportunity to provide missing information needed for
eligibility determination, income determination and
verification, and preliminary eligibility determination.
,VI. DIRECT SERVICES SUPPORT
A. DEFINITION OF DIRECT SERVICES SUPPORT
Costs that are not administrative in nature but are used
for outreach and targeting to eligible households
never served under CEAP.
Contractor shall conduct and document outreach and targeting
activities (see Glossary of Terms) designed to assure that
eligible households, especially households with elderly
members with disabilities, or young children, and households
who have a high energy burden, are made aware of the
Comprehensive Energy Assistance Program.
Outreach activities shall include the activities listed below
or other activities that serve the purpose of advertising the
availability of the Comprehensive Energy Assistance Program:
1 . Provide information through first time home visits, site
visits, group meetings or by telephone for the elderly and
for persons with disabilities;
2. Distribute posters, flyers, and other information
materials in local and county social services agencies,
offices of aging, social security offices, in English,
Spanish, or language media where appropriate;
3. Provide information on the program and eligibility
criteria in articles in local newspapers or broadcast
media announcements, in English, Spanish, or language
media where appropriate;
4. Provide information on one-to-one basis for applicants in
need of translation or interpretation assistance;
5. Work with energy providers in identifying potential
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applicants;
6. Mail information and applications;
7. Coordinate with other social service agencies to provide
LIHEAP information in conjunction with other programs.
Contractor shall accept applications for CEAP benefits at
sites that are geographically accessible to all households in
the service area. Contractor shall provide the elderly or
persons with disabilities the means to submit applications
for CEAP benefits without leaving their residence or by
securing transportation for them to the sites that accept
such applications.
B. ALLOWABLE EXPENDITURES
Salaries, fringe benefits, and travel expenditures of staff when
conducting outreach to eligible households never served under
CEAP. Material and printing costs associated with outreach and
Targeting to eligible households never served under CEAP.
C. UNALLOWABLE EXPENDITURES
Computer purchases and any related costs must be charged to
Administration, not Direct Services Support.
D. TIME/EXPENDITURE ALLOCATION
The contractor must demonstrate that the appropriate share
of Direct Services Support cost items are allocated each to
outreach, and targeting.
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VII. CASE MANAGEMENT
A. DEFINITION OF CASE MANAGEMENT ACTIVITIES
Case management activities under CEAP encourage and enable
households to reduce their home energy needs and thereby the
need for energy assistance.
The typical case management system should have the following
components:
? Designing a client agreement plan with the client;
? Intervening in the community; brokering; advocating; and
linking;
? Implementing and monitoring the client agreement plan;
? Evaluating the effectiveness of case management.
Case Management activities include but are not limited to:
Providing energy conservation education Providing
.budgeting education
Client counseling Advocating on
behalf of the clients
Development of realistic goals Identifying
resources and household problems Discussion of education
provided Scheduling appointments
Referrals for obtaining services Encouraging responsible
vendor and consumer
Documenting case management activities (case notes)
behavior
Referral follow-up
B. COORDINATION
Contractor must coordinate with other social service agencies
through cooperative agreements to provide services to client
households, Cooperative agreements must clarify procedures,
roles and responsibilities of all stakeholders.
In order to achieve compliance with the LIHEAP Act, Contractor
must coordinate with other energy related programs.
Specifically, Contractor must make documented referrals to the
local Weatherization Assistance Program contractor.
Contractor must coordinate with local energy vendors to arrange
for arrearage reduction, reasonably reduced payment schedules,
or cost reductions.
Contractor must provide applications, forms, and energy
education materials in Spanish, English or other language
when appropriate.
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C. ALLOWABLE EXPENDITURES
Alloh,able expenditures include salaries, fringe benefits, and
travel expenditures of staff when providing clients with case
management services, such as those activities described in
Section A. Documentation of Case Management activities (case
notes) must be maintained in individual client files.
D. TIME/EXPENDITURE ALLOCATION
The contractor must demonstrate that the appropriate share for
case management cost items is involved in activities which
encourage and enable households to reduce their home energy
needs and the need for energy assistance.
VIII. PROGRAM COMPONENTS
A. ENERGY CRISIS COMPONENT
A bona fide energy crisis exists when extraordinary events
or situations resulting from extreme weather conditions or
fuel supply shortages have depleted or will deplete
household financial resources and/or have created problems
in meeting basic household expenses, particularly bills
for energy so as to constitute a threat to the health or
well-being of the household, particularly the elderly, the
disabled, or very young children.
NOTE: A utility termination notice alone does not
constitute an energy crisis.
In no event shall the sum of all energy crisis assistance
provided for the contract year made to or on behalf of any
household exceed the actual amount needed to ameliorate the
household's energy-related crisis or $1 ,000.00 whichever, is
less. Payments may not exceed client's actual financial loss
or client's utility bill. The assistance must result in
resolution of the crisis.
Where necessary to prevent undue hardships or extreme health
dangers from an energy crisis, Contractor may directly issue
a voucher to provide:
1 . Temporary shelter not to exceed $350.00 per household for
the duration of the contract period in
the limited instances that inoperable heating/cooling
05)MCIU,L RECORD
appliances or supply of power to the dwelling is disrupted
causing temporary evacuation of household members.
Payments shall not be made for rent or mortgages;
2. Emergency deliveries of fuel not to exceed $300.00 per
delivery per household.
3. Purchase of portable heating/cooling units (portable
electric heaters are only allowable as a last resort) not
to exceed $1 ,000.00 per household for the duration of the
contract period. Portable AC and heating units may only
be purchased in cases of life threatening situations to
the client.
Documentation of the situation, such as doctor statements and
weather data, must be maintained in the client file.
Emergency funds, whether for emergency fuel deliveries with a
limit of $300.00, purchase of portable heating/cooling units
with a limit of $1000.00, or temporary shelter with a limit
of $350.00, shall be considered part of the total maximum
household allowable assistance.
Funds for this program shall not be used to weatherize
dwelling units, for medicine, food, transportation
assistance, income maintenance, or to pay for penalties or
fines assessed against clients.
Time Limits for Assistance
Contractor shall ensure that for clients who have already
lost service or are in immediate danger of losing service,
some form of assistance to resolve the energy crisis will be
provided within a 48 hour time limit (18 hours in life-
threatening situations) . The time limit commences upon
completion of the application process. The application
process is considered to be complete when an agency
representative accepts an application and completes the
eligibility process.
Contractor must maintain written documentation in the client
file that it resolved the crisis within the appropriate time
deadline. Failure to document efforts taken to resolve the
energy crisis on client's application/file will result in
disallowed costs.
HOUSEHOLDS WITH
INCOMES OF:
IF THE HOUSEHOLD HAS AN ENERGY
CRISIS AND MEETS INCOME ELIGIBILITY,
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THEN THE PAYMENT IS BASED ON THE
FOLLOWING:
0 to 5096 of Poverty
Households may receive amount
needed to solve crisis up to
$1000.
51 + to 7595 of
Poverty
Households may receive the
amount needed to solve crisis
up to $900.
76 + to amount not
to exceed 12596
Poverty
Households may receive the
amount needed to resolve
crisis up to $800.
B. CO-PAYMENT COMPONENT
The intent of the co-payment component is to achieve long
term energy self-sufficiency for low-income households
through case management activities. The program must
target clients with the least income and the greatest
energy costs. Energy affordability is achieved when a
client household has the financial capacity to meet its
energy obligations. Contractor shall enroll CEAP co-
payment clients in the program for a minimum period of six
months. Clients may be terminated at any time, if the goal
of energy self-sufficiency has been achieved. A monthly
utility payment on behalf of clients to the utility vendor
shall be made based on a graduated scale co-payment system
designed by the subgrantee.
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? Contractor shall meet with each client on a monthly
basis.
? Contractor shall obtain the client's consumption and
billing history for the preceding 12 months.
? Clients with an energy burden higher than that of the
average household in the vendor's service area should
receive priority service.
? As a planning tool, contractor shall estimate future
utility assistance payments and co-payments on the
previous year's billing to aid the client in budgeting
for household expenses and to allow contractor to
maintain an accurate and current balance of funds.
? All payments must be based on actual current program
,year's bills.
? Contractor shall provide budget counseling and energy
.conservation education and coordinate with and refer
households to other services which will address the
underlying contributing causes of energy induced
hardship.
? Contractor shall document and maintain all case
management activities in client files through the use of
case notes which demonstrate clients efforts/ progress
towards achieving energy self sufficiency.
? Contractor shall notify in writing and maintain
documentation of clients terminated from the co-pay
component and document appeal process.
? Failure to comply with any of the above will result in
disallowed costs at the time of the monitoring.
Each co-payment client must have a written client service
agreement to provide direction and focus during service
delivery. The client service agreement is a contract
between the contractor and the client and must be signed by
both parties. The client service agreement is a contracts
and includes agreements concerning the target problems,
goals, and strategies, and the roles and tasks of the
participants. The agreement must be guided by a timeline.
The client service agreement serves as a basis for
providing accountability to both the client and the
contractor and must include the following elements:
? Specification of target problems
? Statement of realistic goals and timelines as negotiated
between the case worker and the client
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7 Statement of client 's tasks and responsibilities required
to achieve goals
? Statement of case worker's general tasks and responsibilities
which shall include, at a minimum,
budget counseling, energy conservation education and
coordination with and referral of households
to other services which will address the underlying
contributing causes of energy induced hardship.
? Specific timeline for duration of agreement (including
dates) , schedule of services to be provided and tasks to
be performed, and schedule of monthly meetings to review
plan with the case worker.
? Statement of coordination of all parties who will
participate during the client service agreement,
including their names and relationship to the client.
? Statement of benefit levels (graduated scale)
? Statement of the consequences to the client if the client
fails to meet the provisions spelled out in the client
service agreement.
The program must target clients with the least income and
the greatest energy costs. Clients may receive up to 10096
of the bill and arrears for the first month's bill and the
agreed co-payment plan (graduated scale) as long as it does
not exceed the set maximum amounts established for their
income levels for the program year.
In order to ensure that the highest level of assistance
will be furnished to those households which have the lowest
incomes and highest energy costs or needs in relation to
household income, assistance is to be provided as follows:
HOUSEHOLDS WITH
INCOMES OF:
IF THE HOUSEHOLD MEETS THE
ELIGIBILITY CRITERIA, THEN
PAYMENT IS BASED ON THE
FOLLOWING:
0 to 5096 of Poverty
Household may receive
an amount not to
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exceed $1 ,000.
51 + to 75% of
Poverty
Household may receive
an amount not to
exceed $900.
76 + to amount not
to exceed 125% of
Poverty
Household may receive
an amount not to
exceed $800.
C. ELDERLY AND DISABLED ASSISTANCE COMPONENT
The intent of the elderly (60 years of age or above) and
disabled assistance component is to provide assistance to
those households most vulnerable to fluctuations in energy
costs. Assistance should be targeted to those households
that are unable to achieve full energy self-sufficiency
through other means.
? The elderly and persons with disabilities shall be a
priority of the program.
? Payments on behalf of the elderly shall be made based on
the previous 12 month's heating and cooling billing
history. Excess amounts over the actual bill will be
treated as a credit with the utility company for the
client.
? Elderly households are defined as households with at
least one member who is age 60 or above. Disabled
households are defined as households with at least one
member who has a disability. An individual with a
disability is defined as an individual who is unable to
engage in any substantial employment by reasons of a
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medically determinable physical or mental condition
which can be expected to last for a continuous period of
not less than twelve months. Documentation of
disability, (i.e. social security supplement/SSI,
doctor's letter) must be included in client file or be
subject to disallowed cost.
? Contractor may provide energy conservation education,
budget counseling and referrals if case management funds
are available.
The elderly and/or clients with disabilities may receive
benefits to cover up to 100 of four bills for four
billing periods within the contract year as long as the
cost does not exceed the maximum allowable benefit.
Payments must be limited to the highest consumption months
of the program year during which time the elderly and/or
persons with disabilities are most vulnerable to energy
'related stress. First payment may be the current bill and
arrears. Subsequent payments must be the highest
consumption months. If one or more of the highest
consumption months occurs prior to the date of the
application and has been paid by the client, these months
cannot be considered for payment. This period must be
determined by the local subgrantee based on a 12 month
heating and cooling billing history. If a 12 month history
is unavailable, the reason must be documented in the
client file.
In order to ensure that the highest level of assistance
will be furnished to those households which have the
lowest incomes and highest energy costs or needs in
relation to household income, the following benefit levels
shall be used:
HOUSEHOLD WITH
INCOMES OF:
IF THE HOUSEHOLD MEETS THE
ELIGIBILITY CRITERIA, THEN
PAYMENT IS BASED ON THE
FOLLOWING:
Fre K; 7H 7a.
0 to 5096 of Poverty
Household may receive
an amount not to
exceed $1 ,000.
5196 + to 7596 of
Poverty
Household may receive
an amount not to
exceed $900.
76 96 + to amount
not to exceed 125%
of Poverty
Household may receive
an amount not to
exceed $800.
D. REPLACEMENT, REPAIR OR RETROFIT OF HEATING/COOLING SYSTEMS
The intent of the Heating/ Cooling component is to help clients
achieve energy self-sufficiency by addressing inefficient heating
and cooling appliances. Clients may have a high energy burden
because inefficient appliances in the home consume great amounts of
energy. Inordinately high energy bills during the heating or
cooling season would indicate the need for an assessment of the
condition of all major heating and cooling appliances in the
client's home. The retrofit, repair or replacement of a
heating/cooling appliance must be cost effective and must result in
a reduction of energy consumption. Only clients who have received
or are currently receiving services under one or more of the other
CEAP components during the same contract year are eligible for the
replacement, retrofit or repair of heating and cooling units.
Heating and cooling appliances may include water heaters and
refrigerators.
Any replacement, repair or retrofit must be based on need, i.e. , an
energy assessment of all major heating/cooling appliances has
determined that the retrofit, repair or replacement of a
heating/cooling appliance will result in a reduction of energy
consumption. Priority must be given to appliances with the highest
energy usage. Replacement of evaporative coolers with refrigerated
air is only allowable for medical reasons. Replacement appliances
must be an Energy Star rated appliance or must meet Texas Department
of Energy Weatherization Assistance Program minimum energy
efficiency ratings and standards if Energy Star is not available.
CEAP clients who receive Co-Pay, Elderly and Disabled, or Energy
Crisis assistance during the current program year may be eligible
for replacement, repair, or retrofit of heating and cooling systems.
Energy efficiency assessments of central heating/cooling systems
must be conducted by licensed HVAC professionals and documentation
of the assessment results must be placed in the client files.
Energy efficiency assessments of window units, evaporative coolers,
space heaters, water heaters and refrigerators may be conducted by
trained agency staff. Documentation of the assessment results must
be placed in the client files. In contracting out for the service,
-the subgrantee must follow the Weatherization Assistance Program
Policy Issuance #88-10.1 for procuring goods and services.
The services may include cleaning, tuning and evaluation of systems,
repair and replacement of existing components, and replacement of
unsafe and inefficient systems including:
? Cooling systems (including duct systems) , such as central air
conditioners, window air conditioners and evaporative coolers
? Heating systems, such as central/wall/floor furnaces, space
heaters, wood burning stoves.
? Water heaters
? Refrigerators
Energy assessments should include, at a minimum the following
information on all major heating and cooling appliances to include
water heaters and refrigerators:
Type of appliance Efficiency rating
Fuel used Location of appliance
Size of appliance Condition
Age of appliance Size of room where appliance is used
Input/Output BTU Recommendation
All repairs, retrofits or replacements must be performed to meet all
local codes (use Council of American Building Officials (CABO) when
no code exists) in conjunction with the Department's Weatherization
Assistance Program health and safety standards. Replacement
appliances must meet Department prescribed minimum energy efficiency
standards or better as follows:
? Central Heat Systems
Gas ER(Efficiency Ratio [96]) _ .85
Electric EER (Energy Efficiency Rating) = 10
COP (Coefficient of Performance) = 2.9
UJ�RCC�G��
R O)r;�t 9
? Wall/Floor Furnaces and Vented Space Heaters:
Gas (only) ER = .85
? Unvented Space Heaters must have a factory installed
Oxygen Depletion Sensor System with automatic shutoff.
Repair, replacement, or retrofit must reduce CO levels
to 25 ppm or less.
? Central Air Conditioners/Whole House Window/Through Wall
Conditioners (220 volt)
EER = 10
COP = 2.9
? Room Air Conditioners (120 volts)
EER = 10
COP = 2.9
? Water Heaters
Gas EER=.49 to .62
Electric EER= .88 to .98
? Electric or Kerosene space heaters will not be allowed.
ER - Energy Ratio
EER - Energy Efficiency Rating
COP Coefficient of Performance
When heating and cooling appliances, water heater appliances,
and refrigerators are replaced, the client must surrender the
old unit to be disposed of according to applicable state and
federal laws. All unvented space heaters replaced must be
destroyed beyond repair.
Refrigerators may be replaced using existing demand side
management programs or if the result of a metered (30 minute
minimum reading) assessment indicates the replacement will
result in a minimum reduction of 25% of current consumption.
Documentation of the metering results must be maintained in the
client file. Kilowatt per hour (KWH) usage of the new
refrigerator and the total cost, including installation of the
new refrigerator must be maintained in the client file.
When the client is a renter, the contractor must document by a
written statement signed by the landlord that the appliance is
owned by the client and that the landlord relinquishes any
claims to the appliance (Contractor may seek a waiver of this
requirement from the Department for special circumstances on a
case by case basis) .
Real benefits to the household are based on the energy efficiency
needs of the dwelling, as determined
by an appliance energy assessment. The maximum allowable costs are
as follows:
Heating and Cooling appliances. . . . . . . . . . . . . . . not to exceed
$1,000.00 per household.
Central HVAC system. . . . . . . . . . . . . . . . . .not to exceed $1 ,500.00 per
household.
1
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COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
ATTACHMENT A - BUDGET
CONTRACTOR NAME: CITY OF FORT WORTH
CONTRACT NUMBER: 587039
ALLOCATION YEAR: 581
ALLOCATION PERIOD: 01/01/2001 - 12/31/2001
DEPARTMENT FINANCIAL OBLIGATIONS
$664,236.00 CEAP FUNDS CURRENTLY AVAILABLE
$1 ,170.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
$738,190.00 TOTAL ANTICIPATED CEAP FUNDS
$1 ,170.00 TOTAL ANTICIPATED TRAINING TRAVEL ALLOWANCE FUNDS
Additional funds may be obligated via Letter of Notification. Funds may only
be obligated and expended during the current allocation period. Unexpended
fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS 96
---------------------------- ---------------- ------
Administration $35,031 .00 5.27496
Case Management $42,037.00 6.32896
Direct Services $587,168.00 88.39896
TOTAL BUDGET $664,236.00 10096
Energy Crisis $11 ,743.00 .00
Co-Payment $193,765.00 .00
Elderly and Disabled $293,584.00 .00
Heating and Cooling Systems $58,717.00 .00
Direct Services Support $29,358.00 5.00
TOTAL DIRECT SERVICES $587,167.00 100%
Contractor's service area consists of the following Texas counties:
Tarrant County
NOTES:
Administrative costs, salaries, fringe benefits, non-training travel,
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equipment, supplies, audit and office space are limited to 5.274% of the
contract expenditures, excluding Training Travel costs. Case Management
costs are limited to 6.32896 of the contract expenditures excluding
Training Travel costs. Direct Services Support costs are limited to 5.00%
of total Direct Services expenditures.
Contractor may adjust dollar amounts within the following components at
levels not to exceed 10% of said components: Energy Crisis (may not
exceed 1096 of Direct Service dollars expended) , Co-Payment, Elderly (may
not exceed 5096 of Direct Service dollars expended) , Heating/Cooling Systems
(may not be less than 10% of Direct Service dollars expended) , and Direct
Services Support (may not exceed 5% of Direct Services dollars expended) .
Department's prior written approval for purchase or lease of equipment
with acquisition cost of $5,000 and over is required. Approval of this
budget does not constitute prior approval.
Funds may not be used for the purchase or improvement of land, or the
purchase, construction, or permanent improvement of any building or
facility.
For other than additional funding added to the Allocation Period, Contractor is
limited to only one budget revision during the first 6 months of the Allocation
Period. A second and final budget revision may be considered by the Department
60 days prior to the end of the Allocation Period.
While Contractor may choose to use funds other than "Direct Service Support" to
conduct outreach, documentation is required. Contractor shall provide services
under all components in this category. Failure to do so may result in contract
termination.
EFFECTIVE 01/01 /2001
BY: Richard Zavala on 01/26/2001
CITY OF FORT WORTH
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
BY: SIGNED on
Daisy Stiner, Executive Director
This contract is not effective unless signed by the Executive Director
of the Department or her authorized designee.
��OCDa� E!,EC(0, °)DD
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Cover Sheet Inquiry ID No 13770
Contract Number 587039 Amendment 5 LON 0 Routing No 974593
Contractor 000136 CITY OF FORT WORTH
SUPERINTENDANT OF C.S.
FORT WORTH 76115
Begin Date 01/01/1997 End Date 12/31 /2001
Purpose of Contract:
THROUGH THE CEAP PROGRAM ASSIST LOW INCOME PERSONS WITH THE ENERGY CRISIS
COMPONENT, HEATING/COOLING COMPONENT, CASE MANAGEMENT COMPONENT, CO PAYMENT
COMPONENT AND ELDERLY ASSISTENCE COMPONENT
Purpose of Amendment:
START PY 2001 CEAP CONTRACT AT 90% ALLOTMENT
BUDGET: Federal 664,236.00 Max TDHCA Obl 665406.00
State .00
------------
Total 664,236.00 Local .00 Posted?
Press ENTER for contract approval 1 ) view Attachment END) Exit
Database: PRO Appl: API 01 User: 039 Jan 3rd, 12:49 pm
KeVm ap: DATA ENTRY Mode: Ing
SIGNATURE PAGE
Approved as to form
and legality
ATTEST:
ecretary
Assistant ' Attorney
Contract Authoriz ton
Assistant dty Manager
City of Fort Worth, Texas
My � o) Clckatian
DATE REFERENCE NUMBER LOG NAME PAGE
2/20/01 **G-13164 80CEAP 1 of 2
SUBJECT AUTHORIZATION TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS FOR THE COMPREHENSIVE ENERGY
ASSISTANCE PROGRAM FOR THE PROGRAM YEAR 2001 AND ADOPT THE
RELATED APPROPRIATION ORDINANCE
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept a grant from the Texas Department of Housing and
Community Affairs in the amount of$739,360; and
2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Grants Fund by $739,360; and
3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15, at a rate of
17.76%, which is the most recently approved rate for this department, and apply the new, approved
rate when available.
DISCUSSION:
On January 3, 2001, the City was notified that the anticipated contract amount for the 2001
Comprehensive Energy Assistance Program (CEAP) is $739,360.
The CEAP for contract year 2001 has six components: 1) Energy Crisis, 2) Elderly/Disabled Assistance,
3) Co-Payment Assistance, 4) Heating and Cooling Systems, 5) Direct Service Support and 6) Case
Management. The allocation is being made to address the needs of low-to-moderate income
households in Tarrant County who are paying a disproportionate amount to meet the needs for heating
and cooling.
All households at or below 125% of the Federal Poverty Level will be afforded access to the program.
All applicant households will be determined eligible according to the income guidelines and program
procedures as approved by the Texas Department of Housing and Community Affairs. Benefit
determinations include the household's income, the household size, the energy consumption and/or the
vulnerability of the household and the availability of funds. The Parks and Community Services
Department will review all applications at the nine City-operated Neighborhood Resources
Development Program Center facilities. Payments will be made for eligible clients directly to the utility
vendors and heating and cooling systems repair companies of Tarrant County.
The Administrative cost for 2001 is restricted to a rate of 5.27%, Case Management to a rate of 6.33%
and Direct Services Support to a rate of 5%. The remaining funds will be used for Energy Crisis,
Elderly/Disabled Assistance, Co-Payment Assistance and Heating and Cooling Systems for the
duration of the contract.
City of Fort Worth, Texas
41y � o
.) Cl ckatian
DATE REFERENCE NUMBER LOG NAME PAGE
2/20/01 **G-13164 80CEAP 2 of 2
SUBJECT AUTHORIZATION TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS FOR THE COMPREHENSIVE ENERGY
ASSISTANCE PROGRAM FOR THE PROGRAM YEAR 2001 AND ADOPT THE
RELATED APPROPRIATION ORDINANCE
This program is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Fund.
LW:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
2)GR76 488195 080200692000 $739,360.00
Libby Watson 6183 2)GR76 Various 080200692010 $739,360.00
Originating Department Head:
Richard Zavala 5704 (from) APPROVED 2-20-01
ORDINANCE NO.14520
Additional Information Contact:
Richard Zavala 5704