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HomeMy WebLinkAboutContract 28486TEXAS DEPARTiNENT OF HO[iSII3G AND COMMUNITY AFFAX125 CDNTRACT 'LdO. 582039 FOR THE COMPREHEPT5IVE ENERGit ASSISTANCE PROGR11i+9 SECTTOI�T 1. P7�RTIES TQ THE CONTRACT ���� ��������� 8�� � �������� �� _ .. This contract is made by and between the Texas Departrnent of HausYng and Community Af�airs, an agency o� the 5tate of Texas {the "Depart[nent" ) and CT'i"SC OF' FQRT W�RTH (the "Contrac�.or"). SECTTON 2. CONTitACT PERIOD The period for per£ormance of this contract, unless ea�'lier terntinated, is �enuary 1, 2003 thraugh Aecember 31, 20q3. SECTION 3. CONTRACTOit PERFORMANCE Contzactox shall, on an equitai�le basis throughout ita service a�ea, operate a Comprehensive Energy ,Aesistance Frogram, (the "CEAP"?, in accordance witkt the terms of this cantract and a11 applicable state and federal regulatinns. Contractar shall assist ].ow-ineame pereone, partiCularly the e�derly and persona witl� disabilities and househalds with yQung children under 6 years of age and under in relation to the Gurrent census demographics for age, i.ncame, and ethnicity for Cantracto�r'e service area. Contractor shall implement CEAP in aCcardancB with the Low�Income Homa Energy Assistance ACt o� 1961, as amendefl, 42 U.S.C. Sec. 6621 et seq. {the "LIHEAP Act" Public Law 97- 35j, the LIHF,}�P 5tate P1ax1 and the LIiEEAP inCended LTae Report. Servicea sha11 includa Case Managernent, �nergy Cr�sis, Ca-Payment, Elc3erly and basabled Assistance, and Heating/Cooling Systems as$istance as further specified in the Budget ("Attachment A°}, and the A1].awa�le Activities Document ("Atrachrnent 8"}- SECTIOI3 4. IIEPARTMENT FINADiCIAT, OBLIGATIQi45 A. In consideration of Contxactor'e satisfactory per£ormance o£ this eontract, Depaxtment shxll reimburse Contractar for the actual allawable co�ta incurred by Contraetor a.n the amount sgeci£ied in �lttachment A of this contrae�. B. Any decision to obligate additianal funds ar deoblagate funds shall be made by Department based upon factors, a.ncluding but nat limited to; the etatus of funding under grants to Department, the ra�e of Contractar�s urilizati.an of funds under this or previous contracts, the existence�af questioned aar disallowed coats undar thia or other contracts between �he parties, and Contractor's overall comp7.iance with the terme of this cnntract. C. Department's abligations under this contract are contingen� upon the aCtual receipt of funds from khe i7.5. Department af i3ealth and Human sarvices and �he State of Taxas. Department acknowledges that it has received obligations fram thase sources, which, if paid, will be sufficient ta gay the allowable casts incurr�d by Contractar under this contract. D. nepartmen� is not liable for any cast incurred by Contractor which; (1) is subject to reimhursement by a source othez tkian CEAP/LIHEAP; (2} is for performanca a£ servicea or aetivities not authorized by the LIHEAP Act, or which is not in accardance with the terms )4�I����r�� �t���1�1 ��J '� � U1 �� ��` �±I �� l�rilU� �d ���u���o_��°' — of thxs contract; (3) is not reported to Department on a Monthly Funding/Financial/Performance Reporr within sixty (60) days fol�owing the terminaEion of the Allocation Period; or, {4i. is not incurred during �he Allacatian Period. SECTIODI 5. METHOD OF PAYMENT/CASH BALANCES A. Each month, Cantractor may request an. advance payment k�y electronically submitting ko Department at ita offices iLa Austin, Travis Counky, Texas, no later than the fifteanth {15th) day af the month prior to the manth for which advance paym�nt is sought, a prapar�}r completed Fund�ng Re�aaxt fax am amount not to exeeed Contractor�s actual cash needs for the month for which such advance is saught. B. Contractor's reques�s for advances sha11 be limited to the minimum amaunt needed and be timed to be in accardanca with actual zmmedi,ate cash requirements ot the Contractar in carrying out the purpase of this cQntract_ The timing and amount of cash advances shall he as close as admini.stratively feasible to the actual disburse�nent by the Contractor fnr di�ect program costs and the proportionate share of az�.y allawal�le indirect costs. Contractor snall establish procedures to minamize the time elapsing between tha transfer af tunds fram Department to Contractor and �.he flisbursal af such funds hy Contractor. C. riTatwirhstandang Subsectinn 5(A?, Department reserves the right to utilize a cns� reimhursement method af payrnent if (li Contxactor maintains excesaive caeh balances ar requeats advance payments in excess af tlzirty (3p) days need; (2) De�Oartment identifies any deficiency in the intemal controls or financial management system used by Contractor; {3J Contractvr violates any of the terms of �hie cont�ack; or (4) Depart�ent's �unding sourcee require the use of a cast reimbursement methocl af paymenti. p, Contractor shall refund, within fi#teen (15) days of Department's reque�t, any �um o� money pai.d to Contractor by Department which Deparkment determines (1} hae rEsul�ed in an overpayment ta Contractor or (2) has not been spent strictl� in accordance with terms ❑f this contract, Department may offset or withhold any amounts ❑khezwise owed ta Contractor under this cantract againet any amount owed by Contractor to DEpartment arasing under this or any other cantract between the parties. E. A].1 funds paid.�o Contrackar under rhi� con�ract axe paid in trust far khe exclusive benefit of th� eligible recipients of .the Comprehensave Energy Assistance Program and fnr allowable administrative, direct services auppart, case management, direct sex'va.ces, and trainix�g/travel expendikurea. SECTTON 6. COST PRINCIPT,ES TiND ADMINISTRATIVE AEQt7II2EM�1�T5 Except as expressly modified by law or the terms of this contract, Contracear ahall comply with Che caat principles and uniEorm admin,istrative requirements set forth in the Uniform Grank and Contra�t Management Standards 1 T.A.C.Sec.5.141 et seq. {the "Clnitorm Grant Management Standards") provided, hawever, that all references therein to "local government" sha13. be canstrue8 to m�an Cantractor. Unifarm cast principles fax local gnvernments are set forth in OMS Circular Na. 87, anti for non-profits in DMB circular i+7o. 122. unifarm administrative requizements for local gavernments are set forth in OMB Circular No. 102, and for nan-profita in oMs Cixcular No_ 110. SEC�ION 7. USE OF ALCOHOLIC $EVERAGES None of the funfls provid�d under th�s cantract ahall be used far the payment of salaries to any emplayee wha usea alcaholiC beverages while an active duty. No fundg provided under this contract foz travel expenses shall ba used fo� the purchase of alcoholic beve�ages. SECTION B. ALLOWABLE R.L7MTNZSTRATIVE, CASE MANAGEMENT PS�iD DIRECT SERVICES SUFPDRT �XPENI��TURES A. Administrative, Case Managem�nt, and Direct Services 8upport costs incurred �y Contractor in carryirtg out this cantract shall �e allowable ug to the maximum percentage, as specified in Attachment A of this cantract, of the total allowable cantract expenditures, excluding travel casts for trainang, with�n khe A1location Periad. Case Managamen� c�ata incurred by Contractor in carrying aut this contract sha11 be allowable up to the maximum percentage, as specified in Attachme�t A of this contract, of the total allowahie cpntzact expenditures, e�cluding txavel coats for training, within thE Allocatian Period. B. Administrat�ve and Ca�e Management funds are earned and expenditures must be supported through allowab3� activities and suppazt documentation, as specified an Attachment B Aliowable Activities Document. Contractor may choase to uae its administration, ease managemen�, and direct se�vices suppnrt dollars for direct service categories; however, contrxctar is skill required to perform Case Management and Da�eck Service Suppart activities. C. nirect Services Supgart expenditures must be supparted by appropzxate documantatlan and the allowable activities ae epecified in Attachmen� B, A1lawable Activities Dacum�nr. �ECTIQN 9. TERMINATTON AND SUSPENSION A_ Departmen� may terminate this contract, in whole or in part, at any time Department determines that there is cause Eor terminatian. Cause for termimation includes but is not �imited to Contractor's faalure ta cnmply with any term of this con�ract. Department shall notify Contxactor in writing at least fifteen {15} �usiness days hefore the date of termination. B. �eparkment may deobligaGe all or part of the funds pravided wnder this con�ract if Cnntractor has not expended ak least SOo of the funds within six months aftex the commencemen� of the A1l4cation Periad, or if the Contractor has not expended at least 7os of the funds within nine mnnths af�er cammencernent of the A1locatian Periad. Contractar`s failure to EXpErid the funds proviaed under this cantract in a timely mannar may also resulti in either the termination a£ this contraCt or Contractor`s ine�igibility to receave additianal funding under the Camprehensive �nezgy Assistance Pxagram, or bo�h. C. Nothing in this Section shall be conetrued to limit nepartrnent's autharity to withhold payment and immediat�ly suspend Contractar's performance of this contract if Department identifies possible instances nt fraud, abuae, waste, fiscal mismanagement, or other deficiencies in Cantractor's performance. Suspension shall be a temporary measure pending either corrective action by Contractor or a decision �y DeparEment ta terminate this contract. D. Notwithstanding any exercise hy �epartment of its right of tezmination or suapenaion, Contractor sha11 not be relieved of anx liabxlity to Depar�ment for damages by virtue ot any breach o� this cantract by Contractor. �epartment may wkthhold any payment due ia Contractor until such tame as the exact amount af darnages due to Dapartment ia agreed upon or ia othezwise determinad. E. Department shall nat �e liable for any casts �ncu�red by Contractor aftex teXmination ar during suapension of thia contract. SECTTO� 1D. CHANGES AND AMEi�7}MENT3 Any changa in the terms of thie cQntract requirecT ]oy a change in �ederal or state law ar regulatian is automaticaJ.ly incorPorated herein effecti.ve an the date deeignated by such law or regulation. Except as atherwise specifically provided herein, any other chaz�ge in the terms a£ this contract shall be kay amerid�nent in writing and sa.gned by both par�ies to thia contract or by a Letter af t�otificatian (LONi eigned by Ilepartment . SECTIQN 11. DEPRRTN[ENT ISSLTANCES Department may is�ue pali.cy directives which serve ta establish Contracto� eligibility or inte�Aret and clarify the fierms af thia contract. Such policy dixectives shall ]�e in the form of a policp Issuance. An Issuance ehail nat alter the terms of thie conitxact s❑ as to relieve Department of any obligation of reimhursement o� an allowal�le cost incurred by Contractor prior to �he effectave date of the Tssuance. A11 Issuances promulgated by �epartment, whether before or afrer the execution of this cantract, sha11 govex�xi the perfazmance a� this cnntract unta.l specifically rescinded by nepartment. SECTIOI3 12. MONITORTNG Departmenr or its designee may conduct an and off-aita monitoring and evaluation af Contractor•s comg7.iance v�ith the texms� af this contracr. Department`s monitaring may incluc£e a sevi.ew of the efficiency, econamy, and effectiveness af Contractor's performance_ Department wi11 notify Contractor in wri�ing o£ any deficienCies noted during such monitoring_ Department may provide trainin.g azid technical aseistance to Contracto� in correcting the deficiencies noEed. Degarttnent may require corrective action to rernedy deficiencies noted in Contractar's accounting, pereonnel, proeurement, and management procedures and eystems. AeQartment may conduct follow-up v�isite to review the previously noteci deficiencies and to assess the Cantractor's e�forte made to carrect them. Department may tierminate or euspend this cantract or invake other remedies Aepartment determines to }ae appropriate in the event monitoring uncovers material de€iciencies in Contractor�s performance, or Contractar fails to ca�rect any such deficaency within a reasonable periad o� time. Department or its designee may can.dnct an ongoing program evaluation throughout the cantract year. SECTION 13. VEl�7L70ii AGREEMfENTS ContraCtor sha11 imglement and maintain a vendar agreement �or each of Contractor`s venciors that contains assux'ances as to fair billing practices, d�livery pracedures, and gricing procedurea for busi.ness transactiana xnvolving CEAP �ecipients. All vendor agreementa are subject to manitaring procedures perfarmed by TDHCA. SECTIO@7 14. 12ETENTIOId AND ACCESSIBILITY OF REC4RD5 A. Cantractor sha11 maintain financial and programmatic records, and supporting documentation for a11 expenditures made unde� this cvntract in accordance with the retention and custadial requixe[r�ents far raca�8a set for�h in the C�na.�orm Grant Management Standards, Comman Aule Sec.42. B. Conrractar shall rnaintain a client tile syskem ta document direct serviCes rendexed_ Each client file shall cnntain �he fallowing: l. Client application cantaining all Department raquirements; 2. Documentation/Verificatian of Client Income (an alZ household members 18 yeazs and older} or Statement of �o Income Statement (if applicablel; 3. Declaratian of Incorne Eligibility (when requiredj; 4. Capy of Client's Utidity Bi11(s} when requixed by campanent; 5. �tility Consumptian history when required by campon�nt; 6. Documentation of Payment (Documentatiion of paym¢nt may be maintained in a separat� file, but must be accessible at the site where clien� files are maintained.}; 7. Documentatian o� benefits determination (when required hy cpmponent}; 8. Na�ice af Aenial Form (if applicahle); 9. Right af appeal and pracedures (if aPelicablej; 10. Any documentation required by Policy Issuances; a�d 11. Client servic� agreement {as required by comgonent}. 12. Case Notes sufficient to document Case Management activities have occurred {when required hy component}; C. Contraetor shaLl maintain complete client fil�s at a�l timee. Caets assaciated with incomple�� files faund at the ti�e of grogram monztoring may be disallowed. Client files reviewed at the time of pragram manikoring faund ta be incompler� shall aubject the caste associated therewxth to be disallowed. D. Contractar sha11 give the u.s. Department af Health and Hurnan S�rvices, the �.5. General Accounring �ffice, and Bepartment, or any of their du�y autharized representatives, access to and the right to examine and copy, on or off the premises o£ Cantractar, a�Z records pertaining tn this contract. Such right to aCcess shall cantinue as lang as the records are retained by Contractor. Cantractor agrees tb maintain such recor�s €or thxee years in an accesaible lacation azid to caoperate with any axamination conducted pureuan� to this Subsaction. Contractor ahall include the aubstamce of the Sulasection in all subcontracts. Upan termination of this contract, all records are property ai the CEAP. SECTiON 15. PROCUR�MENT STIal�DAIiDS A. Contra.c�or Sn�aa develop and impl�ment procurement proeedures, which canform �o the uz�iform administratiae requiremente in Seation �. Contractor shall not procure suppliee, equipment, materiaJ.s, or services except in ac�ordance with ats pracurement procedures and in Policy Iasuance #02-10.2. A11 procurement cantracts, other than '�sma11 purchases" am defined in Policy Issuance #02-10.2, sha11 be i.n wrifc�.ng and shall contain the pr�visions required by Policy IssuanGe #02-10.2. B. Contractor shall ensure thar ita subcantrac�ors comply with a17. applicab�e terms ❑f this contract as if the perfarmancQ rendered �y the subcontracror was being rendered by Contractor. Contractor sha1� inspect a11 subcontractors' work and sha17. be respanaible far ensuring thar it i,a pompleted in a goad and wo�kmanlike manner. SECTIOIV 1.6. REP�RTING REQUIREMEI�TTS A. CantracCor sha7.1 submi� as directed by the Department, for Department review and approval, the Annual Service Delivery Plan and Application. Funds will }ae witY�he�d or this contract auapendecl or tarmi.nated for contractor's failure to submiC an Annual Service Delivery Plan and Application, for failure to obtain approval af tne service Delivery Plan, or for failure to irnplement the program funded umder this contract within 6o days of the effective date of the contract. B. Contractor ehall electronically submit to nepartment no later than fifteen (15) days a��er the end of each month of the A1location Periad a Funding Report of all expenditure of funds and clienta served under this contract during the previaus monkh. C. Cantractar sha11 suhmit ta DepartmQnt na later than sixty (60) days after the end o£ the A1locatian Period an inventory of a11 vehiclee, taa�s, and equipmenk with a unit acquisxtion cost of �5,OOq or m�re and a useful life o£ more than ona year, if purchased in whole or in gart with tunde received under �his cantract or previaus Comprehensiva Fnergy Asaistance Program contracts. The inventary ahall ratlect the vehicles, Gao1s, and equipmenti on hand as of the last day of the Allacation �eriod. Contractar acknowledges that all equipment and supplies purchased with funde from the CEAP are the property of CEAP amd as such stay with Che program. D. Contractor shall electronically submit to Department no later than sixty (60} days after the emd Qf the Allocataon Period a final Funding Repnrti of a1Z expendi�ures a� funds and clients eerved un3er this cantract. Failure of Cantractar to grovide a full accounting of funds expended under thia contract may resaZt in rhe termination of this contract and ineligibility tp receive additiona� funds. E. I� Contractor fails to submit, in a timely and satisfactory manner, any report az respanse required by this contract, Department may withhold any or a13 paymenrs athe�wise due or r�quested by Cantractor hereunder. Payments may be withhe�d vntil such time as tne delinquenti report or reaponse is received by Departrnent. Tf the delinquent report or response is nat xeceived within forty-five (45y days af its due date, nepaxtment may suspend or terminate this contract. I£ Contractor receives funds fram Department aver twa or more Allacation Perzads, funds may be withheld or this contract auspended ar terminated �or Can�ractor's failure to submit a past due report or response (including � r�pari af auditi fram a prior contracr or .7�.�ocation Period. 5ECTZON 17. TNDEPENDEIdT CONTRACTOR It is agreed that Department is contract�ng with Cantx'actar as an independent contractar. Contraetor agress to i.ndemnify flepartment against any disallowed coats or other claimffi, which may be asserted by any third party in connectian with the services to be performed under thie contract. S�CTION 16. SUBCONTRACTS A. Contractor may no� subconrract the performance of this contrack unless it receives Depaz'kment's pxaor written appraval. Conrractor shall submit to Department a sz.gned copy ot eacka such suhcant�act. Department is i.n no way liable to Contractor's subcox►traetor{s). $. Subcantractore shall camply with the terms of this contract ta the same exten�. as if the perfarmance rendered by the subcontractor were being rendered by Contractor. Subcontractore wi�1 he subject to monitoring and investigation by I3epartment. SECTIQ�T 19. CONRLICT bF INTERE5T/NEPOTISM A. Contraator covenants that neither i� nor any member of i�s governing hody p�esently has or shall acquire any interest, direcC or indirect, which would conflict in any manner with the Performance of thia cantraet. No pereon having such interest ahall be employed by ContracCor ar appoinred as a member of Cnntractar`s . gavernang �ody. � B. Cantractor agraes that it will comply with Tex. Gov�t. Code Ann. Ch. 573 by ensuring that no officer, employee, or metnber of tkie gavex�ning body a� ContracCor shall vote or confirm the employment of an}r pexson related within �he second degzee by affinity or thire3 degree by consanguinity to any memher of the government hody or ro any oth�:r of�icez' or emplayee authorized to employ or eupervise such geraon. C. Cantractor shall. ensure �hat na emgloyee, o�ficer, dr agent of contraGtor partxcipatea in the selectian, or in the award or adminisrratian of a subcon.tract supported hy funds pravided hereunder if a conflict of interest, real or apparent, would be involved. Such a Conflict af interest would a�iae wl�en: (1) the employee, officer, ox agent; (2j any member of his or hex imrnediate familx; I3) his or her partner; ar {4) any arganization which emplaye or is ahout to employ, an.y of the above, has a financial ar other in�erest in the firm ❑r person se�ected to perfvrm the subcontract. D. Cantractor's emplayees, o€fi.cers, and agente ahail neither solicit nor accegt gratuities, favors, or anythimg df monetary vatue from su}acontractors o� potential sui�contractora. SECTION 2U. NOI3-I]ISCRIMINATIOIV FtND EQBAL OPP4RTi1NITY No person shall, on the grounds of race, color, zeligion, gex, national arigin, age, handicap, polita.Cal affiliatian or belief, be excluded from paxticiparion i.n, be denied the benefits of, be subjected to discriminatian under, or be deniad employ[nent in the administration of ar �n connection wath any program or activity funded in whole or in part with funds made avai.lable under tha.e cantract. SECTIDN 21. LEGAL AT7TH012ITY ]�. Contractar represc�nts that it passesses the practical ability and Iegal authority to enter into this canG�act, receive and manage the funds authorized by this cantract �nd to gerform the servicea Contractar k�as obligated itself to perfo�n hereunder. g. The person sa.gning this contract nn behalf of Contractor hereby war�ants tha� he/she hes been duly authori�ed by Contractor ta e�cecute this conkract an behal.f of Con�ractaz and to bind Contractor ta the terms herain aet forth. C. Department shall have the right to suspend or kerrtinat� �his contract if there is a dispute as ta the legal authority of either Contraet�r or the persnn signing this contract ta enter into this contract or ta render perfarmances herevnder. Skfould such suspension or termination accur, contractor is liable �o Department for any money it has received �or per�ormance af tkie provisions o£ t�his contract. SECTI4N 22. b�P,ARTM�IVT/CEAP TkZATN2NG �'12AV�L A, In orr3er to encourage attendance by' CEAP staff a� Department approved training and/or technital assistance events, the Department has added a travel fund to tkte cantracti budget_ The trave]. budget cannat be usad as grogram dnllars. B. The travel Eunds are ta be used only for Degartment apprav�d training events. Cnntractor sha11 adhere to either its own board- approved travel policy ox khe State of Texas tr�vel policies. (Reference Palicy Isauanae #95-16.3). C. From time to time, the Department may choose ta add add�tional funds to this category for other required travel. SECTION 23. ALFDIT A. ContraCtor shall arrange �or the performance of aYi annual tinancial and campliance eudit of funds recaived and perfarrnances rendered under this cantract, subject to the following conditions and ].imatations: 1. ContraCtors expending S3DO,U00 ox more in total Fecieral awarda shall have an audit performed in accordance with the Single Audit Act Amendments of 1996, 31 ❑.S.C. 7501, and OMB Circular Nn. 133, "Auctita af States, Lacal Gnvernments, and NQri-Px'P�lt pxganizations" issued �7une 30, 7997. Fos purposes of SecCion 2023, '�Fedesal financial assis�ance" means assiatarGce provided �y a Federal agency in the fox�m o� grants, �contracts, laans, laan guarantees, prope�'ty, cooperative agreements, interest subsidies, insurance ar direct appropriaCiona, ar ather asai.stance, but daes not include amownta received as zeirni�ursement Eor services rendered ta individuals in accordance with OMB guid2lines_ The tenrt includes awards of Federal financiai assistance received directly from l�ederal agenci.es, or indirectly through other unite o€ state and local govQrnment; z. Notwithstandi.ng 5ections 4(n? (3j and {na (4j abave, contractnr stsall utilize funds hudgetsd under thas cantx�act to pay for that portion of the cost of such audit services properly allocable to the activitiea fundad by Department under this contract, provided however that Department sha11 nat make payment for the cast of such audit services until DeparCment has receiveci a satiafactory audi� repor�, aa fletermined by Dep�rtment, from Contractor, 3. Cantractpr shall submit two (2) copies o€ such audit rep[art to the Department within the earlier of thirty (30) days after receipt af the auditor's report{sj, or nine (9) months a�ter the end af the audit period. Contrackar shall make aut�it report av�ailable �ar public inspection within thirty (3pj days after receipt �f the audit repart(s}. Audits performed under this Section are su�ject to review and resalution by Department ax .zts authorized representative. 4, The audit reporti must include vezification of all expenditurea hy budget category including matching funds, a.n accordance with Exhibit Attachrnent - Budget of this contraCt. B, xhe cost of audiring services �o� a Contractor expending less than $3DD,o0o in total Federal awards per fiscal year is not an al].awable charge under Federa7. awazds. n �r,.i..-: it...�...�.a_ti� n..Y....,..�,..�. T..F a-4.:.. �-.��:..� nn�-� r.......,...i-..,.,...f D. Cantractor unders�ands and agrees thar it shall be liable to Department for any disallowed aasts dieallowed pursuant to financial and campliance audit(s} of funds received under this contract. ConCractQr further understands and agrees that reimhursement to Department at such disallowed casis shall be paid �y Contracror from funds which were not provided or otherwise made availabZe to Con�ractor under this contracr. �. Contractor ehall taka such action to facilitate the performance of auch audit or audite conducted gursuant to this S�cEion 20 23 as Department may require of Contractor. F. Cont�actor shall pracare audit servicea rhrough an apen, competitive pracess at leasti once evex}r four yeara. The auditor shal� retain working papers and repor�s for a minimum of the three years-after the date oi iasuanca af the auditar's report ta the Cpntractor. Audit working papers shall be made availahle upon request to Department at the completian of the audit, as part af a quality review, to resolve audit findings, a� to carry out aversight responsibil�ties cansistent with ths purposes af this 5ection. Access ta working papers includes the right to obtain capies af warking papers, as is reasonable and neceseary. SECTION 24. APPEALS PRd�ESS In cornpliance wath the LiHEAp A�k, Contractinr muat provide an oppp�tunity for a faix administrarive hearing to individuals whose applica�ion fox assistance is denied, or nat acted upan in a timely manner, aceording ta the following procedures: �} Contractar must prdvide written notification to applicant of denial of assistance within ten (1Di days of the adverse determinatian, which�shall include written inetructions of the appeals p�aCess, and specific reasons for the �enial �y componant. Applicante wishing to appeal a decisian must provide writ�en notice to Cantractor within 10 days of reC2ipt af the denial notice. 2) Contzactor rnus� eatablieh a written agpeals prncedure which shall, at a minimum, include the following prvvisians: A. An appeals �ommitCee composed of at least three (3} persana who are objectiiv�, nat Qersonally involve� in the original decisian, and familiar with CEAP regulations. Appeals mus� be heard �y the cammittee wi�hin ten {lo� days of Contractor's receipt a� the appeal. 8. Cantractor's appeals Qrocess shall include tape r�corded hearings. C. A majarity vote ta sustain the appeal and apprave assiatance £or the applicant, pr to deny the agpeal. D. Wzitten nntification to applicant of Lhe results af the appeal by close of �uainess khe following business day. The natification must include the applicant's right to a�peal an adverse datermination ta the Department. 3) To appeal to the Texae Department of Housing & Community Affairs, an applicant must provide an agpeal reguesti to Depa�tment in wriring within ten (1D� days nf an advarse determination by Cantractor. Department will review the tape recaxding of the hearing, the cnmmittee�s decisian and any other relevant information the Department requests. No oral testimony will be allowed. Department wi11 notify all parties in writing af i�s deeision within thirty (30) days af the receipt of the appeal. 4j Please refer to the CEAP Appeals �rocess Policy Issuance #2002- n3.p5 �or detailed procedures. SECTIQN 25. POLITICAL ACTI�TTY PROHISITE❑ A. �one of the funds provaded under this contract sha11 �e used far influancing the outcarne of any electian, or the passage ar defeat af any legislative measu�e_ This prnhibitian sha11 not be canSCrued ta prevent any officiai ar �mplayee ❑f Contrac�or fram furnishing to any member of its governing bndy upon request, or to any other lacal ar skate official or employae, or to any citizen, informatian in the hands af the employee ❑r ofticia� nat cansidered under law to be confidential infarrnatiam. Any action taken againet an ernployee ❑r official for supplying such information sha11 subject the person initiating the action to imrnadiate diemissal €rom employment. B. No funds providad under this cont�acC may be uaed directly or indirect�y to hire em�loyees or in any other way fund or supporE tandidates for the legislative, executive, or judicial branches a� gavernment of Conrractor, the State of Texas, or the gavernmen� o€ the United states. C. Nane of the funds provided under this contract shal� �e paid to any official or employee who violates any of the gravisions of this sectian. SECTION 26. k�REVENTION OF Y�AS'S'�, FAATI�, AND ABZ38E A. Contractor shall establish, rnaintain, and u�ilize syatems and procedures to prevent, detect and correct waste, fraud and abuse in activitiea funded under this cantract. The syste[ns and praCedures shall address possi}ale waste, fraud and abuse by Contractor, its employees, recipients, vendars and administering agencies_ Cantractar�s intemal control systems and aZl transactiona and orher significant events aze to be claarly documented, and the docurnen�ation a.s to be readily available for rnonitoring by Department. S. Cantractor ehall give Deparkment complete access to al1 of its records, employees, and agenre €or the puzposes c�f any investigation of the Comprehensive Energy Assistance Program. Cpntractor sha11 immediately noti£y nepartmen� of any discavery af waste, £raud or abusa. Contractor shall fully cooperata with Department's e�forte tn detiect, i.nve-stigate, and prevent waste, fraud and abuse in the Comprehensive Energy Assietance Program. C. Contractor may not discriminate against any employee ar oEher pers❑n who reports a violatioz► of the terms of this cantract or of any law or regulatian to Departmant ar to any appropria�e 1aw enforcement authority, if tkae report is made in gaod faith. SECTION 2'7. MAINTEI3ANCE OC� EFFQRT E'unds provided to Cantractor under this contract may not be suhstituted for funds or resources from any ather saurce nor in any way serve to reduce the fund� or resources which would have been available to oz prpvided through Contractor had this cnntraet never been executed. 9ECTION 28. Nq 6JAIVER Any right ar rernedy given to Department by this cantract ah.a]�� not preclude the existence of any ❑ther right or remedy, nor shall any action taken in the exereise of any right ax remedy be d�emed a waiver of any other right or rernedy. The failure of Department to exercise any right ox remedy on any occasion sha11 not constitute a waiver of bepartment's right ta exercise that ❑r any o�her right or remedy at a later time. SECTTON 29. SEVERABILTTY If any �ortion of this contract is held to be invalid by a c�urt or administrative tribunal of competent jurisdiction, Che remainfler �hall remain va�id and binding. SECTION 30. PRTDR ORAL �A WRITTEN AGREEMENTS All oral and written agreement� he�ween the parties rela�xng to the subject matrer af this contract have been reduced to writing and are contained in this dacurnent and the attached exhib�te artachments, S�CTIQN 31. DEBARI2EI] 1911TD 5USPENDE3] PARTIES 1. Cpmtractor mus� not make any awax�d {aubgrant ar contractj to any party which is deHarred ox suspended ar is atherwise excluded fxorn ox ineligible far partici�atiou in Federal �ssistance prograrns under ��;ecutive Order 12549, °Debarment and Suspeneion 45 C.F.R. Part 76". 2. Contractor certifiea that neither it nor its principals s.a presant7.y debarred, auspended, proposed £ar debarment, declared ineligihle, o�' voluntarily excluded from paz-ticipatxon in this transactian Y�y any Federal flepart�ent, 3. Whexe ContraCtor as unab�e to Certi�y ta any nf �he statements in this certafication, such prospective partieipant sha11 a�tach an explar�ation to this contract. SE�TIQN 32_ Ei+NIRONM]J'1QTAL TOSACCO SMaiCE/PRD�CHTLT]12EN ACT OF 1994 Contractor agrees that if 3t or any of its suhgrantees gravides children's sexvzces funded directly ar indirectly with Rederal dollars, it wi].l comply wath 20 U.S.C. 60$� et seq. Par� B, Pra-Children Act of 1934, cancerning prahi}�ita.an pf smaking in ceztain indoor faci�ities pravid�,ng services to chile3ren. E'ail�re t� comply with the provisions of this law may result in tk�e impasirion a� a civil manetary penalty of up to $1,0OO,OU pex day. S�C�'IDN 33. AT!'ALHMENTS �'he attachmenta identified }ae].aw are herehy made a pa�t of �his contract: (3) Attachment A, Budget (2) At�achmant S, Allowable Activities Document SIGNLD: D1-24-2003 BY: Rick�ard Zavala CITY OF F�RT WORTH, Executive Direcror BX: Eciwina Carrington TEXRS AEPAIZTMENT OF HOUSING AND COMMUNITY AEEAIRS, Executive Direcror This cantract is not effeetive unless signed by the Executave Director af the Department or au�horiaed designee. , , �IGNATURE PAGE ATT,�ST: �'' � ' � ,.� - �_ d�_._ ...� ;�— BY� City�ac�et�ty APPROVED AS TO FORM AND LEGALIT�': Davi.d Yett, Cit}r Attorney B ��'f !�� � ��t.�i �!/"l �_ Assistant �i Attorney �'��.+3��l� __. Cantract Authori��t�on --- ��-� � -�� .----- ------� Qat� i � � ,1 _ II :.1'UI��� �<�4`�( � � �� � 1 ,� COMPAEHENSIVE E�TERGY AS5ISTANC� PROGRAM ATTACHNfED7T A - BUDGET CONT`RX�CT6R NAME: CITY OF FORT WORTH CONTIZACT NUMBER. 562039 AT.,T.00ATI4N YEAR: 5B3 ALi,OCATION PERIOD: 61/07./2003 - 12/31/20p3 i7�PARTMEl+1T FINANCIAL QBLIGATIQNS $845,484.00 CEAP FLINDS CURI2�7TLY AVAILABE,� 117D.OD TRAIIVTN'G TRAVEL ALLOYTANC� FUNDS Ci7RRENTLY AVAILAELE $645, 484 .00 TOTAL T�ICIPATED CEAP T`L7L�IL75 I170.00 TdTAL ANTICIP1a7'ED TRAINING T12,��'VFL ALLdWAIdCE FiINDS BCTDGET FOR AV�:TT�AF3LE ALLOCATIONS BUD6�T CATEGORY F�N�� $ Administratiott $64,683.00 Case Management $50,610.OU bizect Services $709,991.60 TOTAL BUBGET $945,484.00 Snergy CXisis $74,999.00 10.00 Co-Payment $141,99E.00 2D.(10 E].derly astd Diaabled $319, fl95. �0 45. DD Heating and Cooling Systems $141,99B.Do 20.00 Direct 5ervicea Support $35,500.00 5.00 TOTAJ.� DIRECT SERVIC�S $7�9, 991. 00 laCl Contractor's sexvi.ce area cansists of the foliowing Texas caunties: Tarrant County Adminzatrative coats, salariea, fringe benefita, non-training travel, equipment, supplses, audit and office spaca are limited ta 1o.00g of the contract expenditures, excluding Training Travel cos�s. Case Management coets are limited to 6.00� of the cantract expenditures excluding Training Travel costs. Direct Servicea Suppart costs are . limited to �.aa$ af total Direct Services e�;penditures. Conkractor may adjust dollar amounts cvithi.n the following companents at levels not to exceed Iog of said components. �nergy Crisis may no� exceed 10� of Direct 5ervice dollars expende8 expenditures. Sui�grantees Cantractor must ol�tain a written waiver fr�m the Depaxtment if tktey wish tio exceed lo� prior co the obligation and expenditure of €unds. Co-payment, Elderly {may' no� exceed SU% of Direct Servicea do�lars expended expenditures}, Heating/Cooling Sys�Ems (may n.ot ba lesa than lU$ of Direct Services dollars expend expendi�ures), and Airec� 5ervices Suppork (may not e�sceed 5� af birect 3ervic�s dolJ.are expertded expenditures). Department's grior wri�ten approval for purchase ar lease of equipment with an acquisition coet bf $5,aaa anrl over ia required. Apgroval ❑f tihis budget does nar constitute prior approval. Funds may not be used for Che purchase ox improvement of land, ar the purchase, constzv.ction, or pexmanent improvement of any building or facility. Far ather tha� additiional funding ad�ed to the Ailoca�ion Period, Contractor is limited ta only one �udget revisian during the fixst 6 months of the Allocatian Peraad. A second and final budgek revision may be considered by the Department 60 daye prior ta the end of the Ailocation Period. While Contractor may chaose ta use funds other khan "Direct Sarviee Suppart" to conducti ou�reach, documenkatian ie required. Cvntractar sha�l provide services under a11 companente in this category. Failure ta do so may result in contract te�minakian. Effec�ive Date af Budget: 01/O1/2003 COMPFtE}iENSTVE ENERG'Y ASSISTANCE PR�G121�.M ATTACHMENT B- AL+I+OWAELE ACfiIVTTIES �OCUMEN7' CDNTRACT012 NAME: C:ITY OF F012T inTOR'I`fi. Cq�7TRACT NUMBER: 5B2d39 F1LI,4CATIqAi XE7�,R: 583 � ALLOCATION PERIOD: U1/O1/2003 - 12�31/2003 I. GLOSSARY OF TETiA75 A�#ardability - ta have the financial capaci�y to meet an ohligation. Assessment - idenkifying, gathering, comparing and evaluating inforuiati.an and data abaut a alient househol,d in ord�r to determine rhe type and nature of prohlems involved, the capacities and resources of the cli�nt houeehold, and the eervices neaded to assist rhe cla.enk hausehald. Case Management - involves conceptualizing the cl.ient hnuac�hold in its social environment; identifaring, provading and/ar referring the client to other social services, legal se�vices, health �ervices, etc.; working wi�.h the cliant to develop solutions to the prohlems and 000rdinating and monitoring pragress made toward �esnlurian of the prol�lem; representing or advacating on behalf of th� client with other service providers to assure that needed serva.ces are pravided. Client Serwice - writiten agreement Y�etween the agency and the client Agreement concerning the �arget problem(si, the goai(s) and strategies and the roles and tasks ai the participants. The agreement must be dated and signed by all parties, must be guided by a time-lane and must include atatement of the cansequences for break�ng the agreement. Energy Hurden - heatxng and cooling expendi�.ures of the houaeha].d far energy divided by the imcome of the household. Energy Education -�.he gracess whereby individuals and households Ieasn . Co use energy effieientiy, imprave their indoor comfort, and became aware of hovr �heir behavior affects energy conaumption, energy cost, and health and safety within their Mornes. Energy Need - the home energy requiremen�e of a househald determined by taki.ng into account both the energy burden oi tl�e hauaehold and the unique situation of the hausehold that results from haviMg members aP vu7.nerable populations, auch as very yaung children, �inc3ividuals with disabilities and frail older individnals. Energy - is achieved when tihe low-in�ome household is self-Sufficiency consistently able ko pay lb�a of its tiotal montksly energy bill {see affordabilityj. Goal - a statement of t�road results, otitcomes ax impacts saught hy clients. Hame Psnergy - energy uaed ta heat or caal residential dwellings, ta laeat waker, and cool tood. Household - any indavidual or group of individuals living togekher as one ecanomic unit far wham rasidential energy is customarily purchased in common or who make undesignated payments fvr energy in the farm af rent. Inpu�� -�he resaurces a program mak�s available �o carry out ats activities. Levexaging - obtaining additional non-federal resources ta help low- income households meek their energy needs. Measure - quantifiable information that is chasen to assese and desaribe program success or tailure. Mission - a etatement af the purpose for which a program was created. Outcame - a measure af the program's result or eftect on ita eustomers. outcome measurements may cover ac�ivities tha� are largely under the contral o€ program managera, o� they may extend tQ an even braader set of ineaeurea {often called measures af impact) repreeenting resul�s that the progxam may influence but does noC achieve an its own {e.g., a re8uctian in the amount oF energy ased as a result af weatherizing a hame). butput - a rneasure of the prad�c� and/or activities of a program. Outzeach - method a set ❑f actiivities that actavely attempts to idantify clienke wha are in need of services, alerts khese C�ients to aeFvice provisians and benefits, and help� them use the services that a�e avai].able. Performance - a pxocess �ar determining if a program is succeasful, as Measuxe measured hy exp�cted outcomes anfl/or outputs. Paverky Income - zncame guidelines issued by the 5ecretaxy of P3.anning Guir3elines and Evaluation United States Departmen� o� Health and Human 3ervices. Re€exra].s - linking a clienr household with an agency, program, or professiana7. persan that can and wi11 pxovide the service needed �y the elient. Targeting - focu�ing assistance to hauseholde with the highest home energy needs. vision - a atatement af a preferred future that spells aut the conditione and qualit� af life eo be achaeved by a pragram's clients. Weatherization - in the LIHEAP progx'am, tYiis refers to energy canservation measures and athex cast-effeative energy-related home repa5.r_ II. Pk2C1G1tAM GVTD�LIFIES F+._ DEFIPTITIOiVS The primary intent af the Comprehensive En2rgy Assistazice P�ogram is ro make funcis availahle to eriable Contractors ta respond to energy needs affecting low-income hauseholds wha have an income at or belaw ].25� Yaverty Income Guidelin�s and wi�a axe unable to mee�. their hausehald energy needs. Uncter this program, a household is not ex►ta.tled to a pre-set amaunt of assistance. Cantractor sha11 pravide all potential clients the opporturiity t�o apply for the Compreheneive Energy Assis�ance Pragram. S. PRIdRITY Cvntractiar shall give priariky to eligi�le householda containing ane or more persanS age 6o ar abov�, individuals with disabilities and families with young children under six years of age. Priority shall be given to households with the lowest incomes that gay a high proportion ❑f their incomea tar residentiaZ energy. Cnntractor dertonstrates adherence ta these griorities by documenting sgecial outreach effarts directed ar these populatians. Contractar sha11 also put in place a praa�ity zating system to he appiied �o each applicant household. Department wil� monitar Contractar on these efforts. The term disability may include canditions which render individua3s una�le ta engage in any sui�stantial employment �y rea6on of any medically d�terminalale phy�ioal or mental condition which can be expected eo laet for a continuous period at nat leas than twelve (12) �anths. C. SERVING RENTEAS The �rovisiane set b� this plan for non-rentiers alsa apply ko those renters who have a separate me�er ar wha Pay their utility and/or fuel bills separaiely £xam khe rent. Ror thase renters who pay heating and cooling bills as part of their rent, Contractar ahall make special efforts tn determine the partian of the rent �ha� constitutes the fuel anfl/or utility payment. Contractor shali exercise care whan n�gotiating with the landlords so the cost of utilities quoted is in line with the cansumpt�on far similax resiflente of �he community. If Cantractor paye �he landlo�d, then the landlord muet furnish evidence that the landlord has paid the bill an8 the amount ❑f assistance must be deducted from the xent. �II. ELSGIBILITY GUxDE�INES A. INCOME �LIGIBILITY GUIDELINES Cantrackor shall nnly disEribute available funds undex the Comprehensive Enexgy Assistance Program to household� needing energy-relatefl asais�ance and having an income that doea not exceed 125� o� the current Paverty Incoma Guidelinea as isauad by the 5ecre�ary of Planning and Evaluation, U.S. Department of Health and Human ServicEs {�SDHHS). When the Poverty income Guidelines are ugdated, this pragram will follaw the mast current published guidelinea. �ncame re£ers to total annual cash receipts be�oze taxes �ram a11 aaurces_ Incom� is more full� described in General Palicy I�suanae #2000-3.1. Contractor sha11 annualize income data for a part of a year in order to determine eligibility. Each Contractor sha31 determine the.rnethod of annualizing most appropriate to that locality and ahide by that methad on�y for all recipients equally thraugh the end of the contract periad. Auring a contracC pe�iod, a Cantractor may not utilize a combination af income calculation methoda_ All househalda ak or below 125g o€ the Poverty Income Guidelines will be a€forded access ta the program. This applies �o a11 camgonents. There are no categorical eligi�ili�y a�tians. Al1 applicant houaeholds wi11 �2 dete�mined eligible according ta the income guidelines axtd program procadures. B . DETERi+7INAT70N QF INCOM� Applicants must suhmit proot af income for a11 household members 18 years and older. Proof may consast o� checks, check stubs, award letters, employee statement�, etc., showing the gross manthly income, if any. Incame data �or a part of the year muet be annualized. In the exceptional case whan proaf of income is unavailaJale, an applican� must sxgn a decla�atian oE incame atatement. If the applacant has no xncnme, they must sign a atatement af no incorne. All proof o� income must be within 12 mankhs of the application pracess. C. INCOME DISREGARD Payments not considered as incame for the purpose af determining eligibility or benefi.ts under this program, are listed in the Poverty Income Guidelines issu�d by the 5ecretary af Planning and Evaluata.an, USDHHS. ZV. PROGRANi ASSIS'Z'P.1VCE This is not an entitlement program. Contractor may not eskak�lish lower local limits af assistance. Contractor may anJ.y provide the follov�ing types of assis�ancE wiGh £unds from khe Cornprehensive Energy Aseietance Program contract. * Payment to �endors and suppliers of fuQl/utilities, gaods, and oth�r services �or past due or current bills related Co the proeurement of energy for heating and caoling needs of the residenoe, �IOT to include security lights and other itema. * Payment to venda�s-only ona energy �i11. payment per month as required by camponent. * Asai.atance ta households in developing gnals far achieving energy se7f--sufficiency thx'ough case management activities. Case management activities may involvc coordinatzon of reaources, referrala to ather progxama, and client invoZvement in deveJ.oping a clien� serv3ce agreement. Priority must be given ta co-pay cliente. Other� may receive case management services if funds are availahle after serving ca-pay clients. * uti.lity assigtance to law-incpme elderly and individuala with disabilities most vulnerahle to the hi.gh cost af �nergy far heating and cooling needs af �he resadence. * Replacement, retrofitting, or repair oi household heating and coolir�g systems if needed. A11 replacememt unit� must comply with minimum standard far anergy efficaency and must result in energy� savings �ar the client. * Assistance fo�r' an energy-related crisis. * Payment of water 6i11s only when such cost includea e�cpenses from operating an evaposative water cooler wni.t, As a part of �he i.ntalce process, autreach, and coordination, contractor �ha11 confirm that a client owns a prapezly connected and operatianal evaporati.ve cooler and hae used it within eixty {6U} days prior to app].ication to cool tkAe dwelling. * Payment ❑f ather uti.].ity charges auch as water, wastewater, and waste removal are nnly allnwable if these charges are an inseparaY�l� part af a utility bi].1. whenever possible, Contractor shall negatiate wi�.h the utility providers and clienta to pay only the energy portion af the bill. * Purchase, lease, or repair of butane ar propane tanks as we11 as the residential lines associated with the tanks ar natural gas lines of the dwelling, not to exeeed the househa�d's maximum allowable assastance and anly if such eervice ensures the flow of energy neceaeary far heating ana c�ali�g to the household. * Purchase ar repair o� reszdential electxic lines, not to exceed household's maximum all�wable assiatance and only if auch se�vice ensures the �low of energy necessary for heating and coaling the hausehald_ * Payment of reconnection fee in lime with the registered tari�� �iled with the Public utility Commissinn and/ar Texas Rax�road commissian. Payment cannat exceed that eta�ed tariff cost. Contiracrar muat negatiate to reduce the costs to cover eha actual labor and material and to asaure that the utility does nat asses� a penalty for delinguency in payments. * Payment of a security depasit only when state law requires such a payment, or if the Puhlic Utilaky Commisaion ar Texas Railraad Cammissian has lisGed auch a payment as an appraved cost, and wher� required by law, tariff or regulakion or a def�rr�d payment agreemen� includes such a payment. Contractor cannvt pay any security deposat the enexgy provider will eventually return �o the client. * while utility/fuel rates and repair charges may vary frorn vendor to vendor, Contxactor sha11 negatiate £or the lawest possible payment. Cantiractar must have a signed vendor agreement on file £ram the energy vendar receiving direct LIHEAP payments fram th� contractar. * Cantractor may make payments to landloxds on behalf of eligible renters who pay their utility and/or fuel bills indirectly. Contractor sha11 notify each particapating h�usehold of the amaunt af assiakance paid on its behalf. Contrac�or must document thia nptification. Cantractar ahal� �aintain proof of utili�y or fuel bill payment_ Cantrac�or shal� ensure that amaunt of assistance paid on 6ehal£ of client is deducred €rom client's rent. * In lieu nf deposit xequired hy an energy vendor, advanced payments may 6e made. Depasi�s are atill nnC an allowable expandi�ure. Advanca payrnents are not to exceed an estimated twa momths billings. V. ATJMZNxSTRArION A. ADi+7INISTi2ATIVE COSx'S iTNf]ER CEAP Administrative £unckions are ot a gemeral nature but are riot clearly identifaed with a par�icuJ.ar grngrarn. These functians include planning, budgeting and accaunting; and establishing and directing a contractor's policies, goals, and objectivea. B. ALLOWABL� ADMIIVISTRATIVE CpSTS Costs charged to the CEAP must be fair and reaeonaY�le. Tn alJ. casee use the S7ni£arm Grant Management Standards, OMB Circular A-87 for local. governments or OMB Circular A-12z for n�n-profits far determination of allowable and allocable cnsta and may include: * Financi.al and compliance audits * General baard and cammittee meeting expenses * Executive Director * General staff rnaetings '� Office mana.gement * Accbunting and budgeting * Personnel management * Pu�chase anr3 diatribution of equipment and aupplies � Insurance and bonding * Aeceptionist, awitch]aaard mail distribution, €iling, and other centralized and clerical eervices * Word pracessing and camputer servicas and equipment * organization and procedure studies * Travel expenditures * General record keeping * office/facilities lease ar rental {including autstatiorisj * Postage � DuQlicating/copying * Telephone expenses * Staft traan�ng * Intake - Rec�iving an application, giving the client Che ogportunity Eo provide missing informati4� needed for eligibiliiy determination, incame determination and verificatinn, and preliminary eligibility determination. VI. �IRECT SERV�C�S S�PPORT A. DEFINITi4N OF AIRECT SERVICES SUPPQRT Costs that are not administrative in natiure but are used for outr�ach an.d targeting ta elzgable households nevez served under CEAP. Cantractar sha13 canduct and document outreach and targeting activitiea (see Glasaary of Terms) designed to assure ehat eligib].e households, especially households rrith elderly metnbers with disabi.lities, ar young cl2ildren, and households who have a high enezgy burden, are mafle aware of the Camprehensive Energy Aasiatance Program. Outreach activities shall include the activzties listed below ar other activities that serve the purpase of adverta.si.ng the availability af the Comprehensive Energy Assistance Program: 1. Provide i.nforrnation through first time hame visits,.si�e visiks, graup meetfrigs ax by telephone far the elderly and for pergons with disabilities; 2. bistribute posters, flyera, and other information materi.als in lacal and county social sexvaceg agencies, affices af aging, social security offices, in English, spanish, or language media where appropriate; 3. Provide infox�mation an the p�ogram and eligibility criteria in articles in loeal newspapers or broadcast media announcements, in English, SPanish, or ianguage media where appropriate; 9. Provide infox�cnation oz� one-ta-one basis for applicants in need of translation or intergretatian assistance; 5. Warlc with energy groviders in identifying potential appiican�s; 6. Mail information and applicatioz�s; 7. Caordinate with other social servace agencies to provide LIHEAP intnrmati.an in conjunctian with oth�r programs. Contractor shall accep� appli.cations for CEAP benefi�s at sites that are geographically accessible to al.l househalds in the service area. Can�ractar sha11 provide the elc3erly or persons with disahilities the means to su}�mit agpJ.i.cations Eor CEAP benefits withaut leaving thair residence ar by securing transportation €ar them to the sites that accept such applications. S. ALLO�FABi,E EXPEP7ATTUi2ES salaries, tringe bene�iks, and tavel expenditures af sta£i when canducting autreach ro eligible households never served unc3er CEAP. Material and prinCing casts associated with outreach and rarg�ting Go aligible househnlda never served under C�AP. C. TSNALLbWABLE EXPENDITURES Cornputer pu�chases �nd ar�y rela�ed costs rnust be charged to Adminis�ration, not Direct Services SupporC. 17, TZME/EXPENDITL7RE ALF,OCATION Th� contractor must dernonstrate that the appropriate share of Direct Sertrices SupPo�t coat itemg are allocated each to outrea�h, and targeting. VII. CASE MANAGEME�TT A. IfEFTIdLTIDN OR CASE NfANACEM��1T ACTIVITIES Case management activa.ta.ee under CEAP encourage and enable househo].ds ta reduce their home energy neede and thereby the need for energy assish.ance. The typical case managemenk system should have �he following components: * Deaignin� a client agre�ment plan with the client; � Intervening in the community; Y�rakering; advocata.ng; and J.inking; � Irnplementing and monitaring the cl.ient agreement plan; +� Evaluating the effectivenesa af case managernent. Case Managementi activita.e$ znclude but are not limited to: * Providrng energy conservation education * Pxaviding budgeting educatian * Client counsel.a.�ng * AdvaCating o�1 behalE of the e].ients * Development af realistic goals * Identifya.ng resources and hota.sehold gxoblems * Discussi.on of educatian provided * Schedulxng appointments * ReferraZs �or obtaining services * Encouraging respnnsible vendax and consumer behavior * Dac�menting case management activiries (caae noteaj * 8efezral €ollow-up B. COORDI1dP,TID1� Contractor must coordinate wi.th ather social service agenci.es khraugh cooperative agxeements to prnwide services to client househalds. Cooperative agreemestte must clarify procedures, ral.es and rasponsibiJ.a.kies of a11 �takeholders. In arder to achieve compliance wirh Ghe LTH�AP Act, Contractar must caordinate with other energy related programs. 5pecificaJ.ly, Cantracror must make documented referral.s ko the 1acal Weatherization Aasistance Program contraator_ Contractor tttust coorclinate with local energy vendors to arrange for arrearage reductian, reasonably reduced pay�nent schedules, or cost reductaans. Contractior must pravxde agplications, farms, and energy education materaals in Spanish, English ar ather language when appropriate. C. ALLOW7�BLE EXPENDITURES Aliowable expendituxes include salaries, fringe benefits, and travel exQendituras of staff when providing clients with cas� rnanagement services, such as those actiivities dascribed in Section A_ Dacumentatian of Case Management activities (casQ no�esj must be maintained in xndivxdual client files. D_ TIME/EXPEiVDTTURE ALLOCA�ION The contractar must demanatrate that tihe appropriate ahaze for case rnanagement cost items ie invoived �n activities which encaurage and enable househa�ds to reduce thair hame snergy needs and the need far energy assistance. VIII. PROGRAM COMPONENxS A. ENERGY CRISIS COMPOi�TEiTT A hona fide energy crisis exists when extraoxdinary events or situation� resulting firom extxeme weather conditions or fue� supgly sYiar�ages have depleted nr will deplete househald financial resaurcea and/or have crea�ed p�oblemg in rneeting hasic househoJ.d expensee, particularly bills for energy sa as to constitute a�hreat to the hea].th or we11-being of the hausehold, particularly the eiderly, the the disahZed, ar very young chi�dren. NOTE: A uti].ity termination notiee alane does not cons�itute an energy crisis. Izx no event shall the su►[a of all energy' crisis assistante provided for the contraci year made to or on behalf of any hausehold exceed exceed the actual amnunt needed to ameliora�e the Ytouseb,ald's ertergy- related crisis ar �1,DOD.D4 whichever, ia less. Payments may not exceed client's actual fihancial loss or ciiezxk's utility bill. The aesis�ance muat result in resolutiam af the crisie. NTkrere necessary to prevent undue hardahips or extreme healCh dangers €rom an energy crisis, Contractoz may direct�y issne a voucher to pravide: 1. Temporary shelter nat ta exceed $350.DD ger hausehold for the duratian of the contract period in the limited instances ti�sat inoperaY�le heating/cooling appliances ar supply of power to tkse dwelling is disrupted causing temporary evacuati.an of household memhers. Paymente sha11 not be rt�acle for rent or mortgages; 2. Emergency deliveriea af fuel �ot �o exceed $300.00 per de�ivery per hausehold. 3. Purchase �� portabl� heating/cooling units (gartable elecrric heat�rs are on�}r allowable as a].ast resort� not to exceed $1.,QRo_o0 per household £ar the duration o� the contract period. Portahle AC and heating units may only be puschased in cases of life threatening situations to the c].i.ent. Contractor muat meet lacal energy c�asis criteria prior to purchasing partable units for clienC. Documentation nf rhe situation, such as doctar statements and weather data, must be maintained in the client fi1e. Emergency funds, whether for emergency fuel deliveries with a limit a£ $3oo.D0, purchase ot partabie heating/coala.ng wnits with a limit af $l000.OU, or temporary sheltex with a limi� of $35D.Uo, ahall b� cansidered part of the total maximum household allowable assistance. Runde fo� this program sha11 not �e used to weatherize dwelling units, to purchase medicine, food, transportation assistanca, to maintain income, or to pay for penalties or fines assessed against clients. Time Limits for Assietarice Contractor sha11 ensure tha� for clients whn have already lost serviae ar are in immediate danger vf losing aervice, some form a� assistance ta resalve the e�ergy crisis wil� be provided within a 48 hour tima limit (18 hours in life-threatening situationsi. The time limit commencea upon comp3etion of the application process. The applicaEion process is CanSidered to ba complete when an agency representative accepts an application and campletes the eligibility proc�es. Contractor must rnaintazn written documentation in the client file that it resolved the crisis within the appropr�ate time deadline. Failure to document e�forts taken to resolve the energy crisis on client'e agplication/�ile will reeult in disallowed caets. HpUS�HOVDS WITH TNCO�ES 4F: D to SU% af pavexty 51+ to 75& qf Paver�y 76+ to amount not ta exceed 125� �averty F3. CO-P7IYMENT COMPONENT IF THE HpUSE�OL� HA3 AN ENERGY CRISTS AND MEETS INCOME ELIGIBILITY, THEN THE PAYMENT I5 BASED ON THE FOLLOWTNG: Hauseholds may receive arnount needed to solve crisis up to $100�. Hauseholde may receive the amount needed t❑ solve czisis up ta $900. Househalds may receive the amount needed to resolve trisi9 up �a $Bnp_ The iatEnt of the cn-payment carnponent is to achieve iang rerm energy se1£-suffiCiency by' Y'educing the energy cost btzrden fox low-income households �hraugh case management activities. The pragram must targei clients with the least incame and the greatest energy costs. Energy affordability is achieved wh�n a client household hae the financial capacity ta meet its energy ol�ligations. Cantractor sha11 enroll CEAP co-payment clientis in the pragram for a minimum pEriod ot six months. Clien�s may be kerminated at any time, if the goal ❑f energy self-su�£iciency has bsen achaeved. A monthly utility payment on hehalf af clients to the utility ven3or shall be made based on a graduated scale ca-payment aystem deaigned by the subgrar►tee. * Contractor shall rneet with Each cliez►t pn a manthly basie. * Cantractor roay obtain the client's consumptian and billing histary for the prec�d�ng 12 mon.ths, to aid the client in budgeting for hausehold expensea. * Cli.ents with an en�rgy hurden higher than that of the �verage household a.m khe vendor's service area should receive priority sex-vice . * AJ.1 payments must he based on actual current pxogram year�s billa. * Contractor shall pravide budget counseling and energy consarvation education and coordinate with and refer households to other serva.ces which will addrees the underlying contributing causes of en�xgy induced hardghip. * Cantractor aha11 document and maintain all case managemant activitiea in client files through the use af case nates which demanstrate clients effortaJ progresa �owards achieving anergy self-sufficiency. * Contractor eha11 notiify in w�iting and maintain documentation of clients te�manated £rom the co-pay co�ponent and document the appeal process. * Rai�ure ta camgly w�kh any of the �bove wil� result in disallowed casts at the time of the monitoring. Each co-payment client �ust have a wri�ten client eervice agreement t❑ prnvide direction and facus during service dalivery. The c3ient service agreement is a contrac� be�ween the CQ�k�dCtpx amd khe client and must be signed by both parties. The clien� service agreEment is a contratt and includes agreementa concenning the target problems, goals, and strategies, and the roleg and taske oP Che participants, The agreement muet be guided �y a timeline. The client aex�vice agreem�nt serves as a basis far providing acaountahili�y �o both the client and the Contractor and musC inClude the following elements: * specification of targeC problems * Statement nf realietic goals and txmelines as negotiated be�we�n t�e caee worker and the cZient * 5tatement of client's tasks and respansibili�ies required ta achxeve goals * Sratement af case waxker's general tiaske and respansibilities whzch shall inciude, aC a minimum, �udget counseling, energy conservation education and coordination with and xe�erral of households tp other sar'v'ices which will address the underlying cantribut�ng causes a� energy induced hardehip. * Specific tirneline far duration of agreement (includ�ng datee), schedule of services to be p�avided and tasks to be performed, and schedule af monthly meetiinga to review plan with the case worker. * Statement of aoordiriatfon of all parties who will participa�e during the client sez'vice agreement, including their narnes a�d re�ationship to �he client. * statement of �enefit levals (gzaduated gcale} * Statement of rhe consequences to the client if the client fails to meet the provisions apelled aut in the client sexvice agreement. The program must tazget cliente with rhe least income and the greatest energy casts. Clients may receive up to ioo� of the bill and arrears for the first month's bill and the agreed co-payment plan (graduated scale) as lang as it daes not exceed the set maximum amounts established for their incame levels for the program year. In order to ensu�e that the high2st levei of asaistance wi11 he furnzshed to thase households which have the lowest incomes and highest energy coste os needs in relation ko household income, assistance is to he provided as follawe: HdUSEHOLDS WITH INCOME6 IF THE HO�SEIiOLD MEETS THE ELIGISILTTY CRITF�RIA, OF: THEN THE PAYMENT IS BASED ON 2'HE FOLLOWING: ------------------------ --___----------------------___---------------------- n to 54� of Poverty Househald may receive an amount na� ta excee8 $l000. 51+ ta 75� of Poverty Hausehold may receive an amounk no� to exceed $900. 76+ to amount no� excaed Househald may receave an amount nat to exceed $84D. 125� of Poverty C. ELDEALY AND DISABT��L7 .ASSI5TAiQCE COMPONEi�7T The intent of the elderly {s0 years of age or abovef and disabled assistance component is ta pravide assistance to those Yaausehalds most vuinerable to £luctuations in energy costs. Assistance should be targeted ta those hauseholds that are unable to achieve full energy self-suEticiency through other means. « * � The elderly and pex'sons with r7isaBilities shal7.i�e a priority of the program. Payments on behali af the elderly may be made based on the previous 12-months heating and coo].ing billing history. Exceas amounts ov�r the actua7. bill will be t�eated as a credit with the utility com�any �az the client. In the event a cansumption histary cannot be obtained, Contractor may make paymemts on curr�nt pxogram year�s }�ill. The reason must be documented in the fi1e. Excess amounts over the actua3 bill wi11 be treated as a credi� with the utility company #ar the client. E�derly hou9ehalds are def�ned as houeehold� witkx at least one member who as age 60 ar above. Disabled households are defined as hnuseholds with a� least one member wha has a disahility. An individual with a disability is defined as an individual who is unala�.e to engage in any substantial employment by reasoz►s of a mec3ically determinable phyaical or mental condition which can ]ae expected tv last for a continuous periad of not less than twelve months. Dacumentatian of disabili.ty, {i,e. social security supplament/SSI, dactar's letter} mus� be i.zicluded in clienE file or be svh�ect to disallowed cns�. * Contractor may pxovide energy conservation education, }�udget counse].ing and referrals af case managament fuzf.ds are avai�able. The e7.derly and/nr clients with disabilities may receive benefits to cover up to 100% of four bili& for four billing periods wathin the contract year as long as the cost does nat e�eceed the maximum allowable 6Enefit. First payment may be the current bill and arrears 5ul�sequent payments must be the highest consumptian months. If one ar more nf t�he highest months accurs pzior to the date of the application anfl has l�een pa�d by the client, th"eee mont$s cannot be considered far payraent. This period must he deterrnined by the local subgrantee basec3 on a 12 manth heating and cooling hiiling history. �f a 12 month history is unavai].a3�ie, tha reason must be documented in rhe claent file. In order to ensure �.hat the i�ighest level o� aseistance will be furnished ta tk�Qse households wha�h have the lowest incomes and highest energy costs ❑r needs in relation to Ytousehold incame, the followim,g ]�enefit levels shall be usecl: HaII8EH07.�I7S inITH INCOMES OR: 0 to 50% of Poverty 51+ ta 75� of Poverty 76+ to amount not exceed 125� of Poverty IF THE HOIISEHOT,I7 MEETS THE ELIGIBSLZTX CRITERIA, THEN THE PAYMENT IS HAS�D dN THE FOLLOWING: Hausehold may receive an amount nati to e�sceed $1UDo. Household may receive an amaunk nat to exneed $900. Household may receive an amount not to exeeed �800. D, R�PLACEME�T, REPATK OR R�fiROFZT OR HEATING/CODLING 5YSTEMS Beganning with program year 2003, TBHCA wi11 o�erate the component for HEPLACEMENT, REPATR qR R�TRdFIT OF HEATING/CObLING SYSTEMS as a stand alane component of CEAP. It remaims a cornponent of CEAP and auhjeet to all eligibility requirementa thaC apply �o other CEAP components. The intent of the Heating/Caaling component is to help cliants achieve energy sel�-sufficiency by addreasing inefficient heating and cooling appliances. Clients �ay have a high energy buzden �ecaus� ine�ficient appliances in the home cansume great amountis ot energy. Inordinately high energy bi11s during the heating or cooling seasan wauld indicate the need for an assessrnent of Ehe condition of al1 majbr heating and caoling appl�amces xn the client's �ome. The reCroEit, repair or replacement nf a heating/cooling appliance must be cost e€fective and musG result in a reduction nf energy consumption. water heaters and refrigerators are cansidered major heating and coaling appliances and sha�1 be considered in the assessment of canditian and efficiency of ail househald agpliances may include water �eaters and refrigerators. Propane tanks may he co�sidered when propane is used for heating. Any replacemerit, repair or retrofit must be based on need, i.�., an �nergy assesament af all major heating/cooling appliances ha8 determined khat the retrofir, repaix ar replacernent ❑f a heating/ cooling applianca will reault in a reduction of energy consumption. Priaxity must be given tio appliances with the highest energy usage. ��p3aCement of evaporativ� coolers with refrigerated aix is anly allawahle foz medical reasans. Replacement appliances must b� an �nergy Star rat�d appliance or must meet Texas Department of Energy Weatherization Aesietance Program minirnum energy �fficiency ratings and standards if Enexgy Star is not available. Energy 2fficiency asaessments of central heating/cooling systems must be canducted by licensed HVAC professionaia and dacumenta�ion of the assessment result$ must be placed in the client files. Energy effieiency asse9ement� of window unita, evaporative coolars, spac� heaters, water heatera and refrigerators may be conducted by trained agency staff_ nocumenta�ian of the assesemen� r�sults must be placed in the client files. In contracting aut fo� the service, tihe subgrantee must follaw the Policy Issuance #o2-1v.2 far proturing goods and services, 'T�e services may include cleaning, tuning and evaluation of syatems, repair and zeglacernent o� existing cartponents, and replacernent of unsafe and inefficient systems including: * Coaling systems (including duc� systemsl, auch as central a3r condztioners, window air canditioners and evaporative coolera * Heating aystems, such as central/wall/floor turnaces, space heaterg, wood burn�ng stavea. * Water h�atere * Re£rigeratars Energy assessments shauld muet include, at a minimum the following infozmation on a1� major heatang and cooling appliances to include water heaters and re�rigerators: Tyge af appliance Efficiency rating Fuel used �ocation of appliance 5ize of applianc� Condition Age oE appliance Size of roam where appliance ie used Input/output STU Recomrnendatian All repairs, retrofits ar replacememta must be performed to �eet a11 local cades (use Council of American Building off icials (CABO� whem na cade existsi in conjunction with the nepartmen�'s �eatherxzation Assastance Program healih and safety standarde. Replacement appiiances must meet Departrnent prescrxbed minimum energy e€iiciency s�andards ax better ae follaws: � Central Heat Systems Gas..........ER (�ffiCiency Ratio [%l) _ -$5 EleGtrac.....EER (Energy �ffxciency Ratiingl = ld COP {GoeffiCient of PerformanCe} - 2,g3.11 * Wall/Floar Furnaces amd vented Space Heaters; Gas (anly� ER = .85 � Unven�ed Space Heaters muat have a factory installed Oxygen Depletion Senso� System with automatic shutoff. Repair, replacement, or retrofit must reduce Co levels to 25 ppm or less. * Central Air Conditinners/97hale House Window/Thraugh Wall Conditianera (220 volt} EER = 1U�2 COP = 3.11 * Room Air Candztioners (120 voltsl EE� = 10 COP = 3.11 * Water Heaters Gas EER=.49 to .62 EleCtriC EER= .86 to .96 * Electric or Kerosene apace heaters wi11 not be allowed_ ER - Energy Ratio EER - Ene�gy Efficiency Aatang Co� - Caefficient of Performanca i�hen heating and caoling applian��s, water heater apg�iances, and refrig�rators are replaced, the client muat surrender the old unit to be disposed of aCcarding �a apgZicable state and federal laws. All unvented space hea�ers replaced must be destroyed �eyond repair. A11 single-family households• existi.ng refrigeratars must undergo metered teating. The results af the testing [�rust demonstrate a minimum annual enaxgy con�umptian of I250kwh with an energy efficient refrigarator. Re€rigeraCors in hauseholds lacated in rnultxfamily buildings may be replaced using criteria estabilsh�d by by TDHCA baaed on existing protocols using the units age af the unit as the dererminang factor. Thia protacol requires a refrigeratar ko �a manu�actured in 1593 ar befare. Rep�acement refrigeratars muat be Energy SEar labeled rated with a maximum annual energy consumptian af 469kwh. only one refrigeratar per elagible hausehold will he allowed. Dacumentatian o€ the rnetering resu�ts (or age in case of mul�ifamily) must b� maintained in khe cZient file. Kilowatt per � hour (KWHj usage of the n�w retxigerator and the total cost, includ�ng installatian of the n�w refrigerator must be maintained in the client fi�e. when the client ig a renter, the contractor must document by a written statement signed by the land�ard tha� the appliance is ovmed by thE client and thati the �and].ord �elinqu�shes any claims ta the appliance. {Cantractor may seek a waiver Qf this requi�ement fram the Departm�nt far special circumstan,ces on a case by case basis}. Real benefits to the hauaehald are based an the energy efficxency needs of the dw211ing, as deterrnined by an appliance energy asaessment. The maximum allowahie cost� aze ae �ollows: * Heating and Cooling appliances not tn exceed $3U00.00 per househald. C`ity of `Fort T�o�th9 T'exas �y�� ��� ��u����l ������;��r���n DATE REFERENC� NUMBER L�G NAME PAG� 214�03 **��� ���4 80CEAP03 1 of 2 sus��cr ACCEPTANCE OF A GRANT FROM THE TEXAS DEPARTMENT OF HOUSWG AND COMMUNITY A�FAIRS FOR THE FISCAL YEAR 2003 COMPREHENSiVE ENERGY ASSISTANGE PROGRAM THROUGH DECEMBER 31, 2003 AND ADOPTION OF RELATED APPR�PRIATION ORDINANCE RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to accept a grant from the Texas Departrnent of Housing and Commun�ty Affairs (TDHCA} in the amount of $665,405; and 2. Authorize a non-interest bearing inter-fund laan fram the General Fund to the Grants Fund in the amount of $166,351 for Enterim financing of this grant projecf psnding contract execution; and 3. Adopt the attached appropriat�an ordinance increasing estimafed receipts and appropriations in the grants fund by $665,405; and 4. Apply indirect costs at a rate af 26.19%, which is the most recently approved rate for this department, and apply the new, appraved rate when availab{e. DiSCUSSfON: The City l�as been notified by the TDHCA to use the original �iscal Year (FY) 2002 contract amouni, $665,405, as a planning figure for the FY2003 Gomprehensive Energy Assistance Program (CEAP). The TDHCA wi{I reimburse th� City for its expenses after the contract is executed. The CEAP fior contract year 2003 has six components: � Energy Crisis; and � ElderlylDisabled Assistance; and o Co-Payment Assistance; and • Heating and Cooling Sys�ems; and � Direct Service Support; and o Case Management. All households at or below 125% of the Federal Poverty Level will be afford�d access to the program. All applicant households will be determined eligible according to income guidelines and program procedures. The benefit determinations include ti�e hausehold's income, the household size, the energy consumption andlor the vulnerability of khe household, and the a�ailability of funds. The Parks and Community Services Departmen# wifl review all app�3cations at the nine City-operated Neighborhood Resources DeveXopment Program Center facilitiies. Payments wiU be made fior eligible clients directly to the utiiity vendors and heating and cooling systems repair companies of Tarrant Gounty. C`ity of Fort Worth, T'e.xas ���� ��� ����cyl �����r����t��� DAT� REFERENCE NUMBER LOG NAME PAG� 214103 **�o� �g7� 80CEAP03 2 of 2 SUBJ�CT ACCEPTANCE OF A GRANT FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUMTY AFFAIRS FOR THE FISCAL YEAR 2003 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM THROUGH DECEMBER 31, 2003 AND ADOPTION OF RELATED APPROPRIATION ORDINANCE The administrati�e cost for FY2003 is restricted ta a rate of 10%, Case Manag�ment to a rate of 6% and Direct Services Support to a rafe of 5°/a. The remaining funds will be used for Energy Crisis, EiderlylDisabled Assistanee, Co-Payment Assistance and Heating and Caoling Systems for the d�ration of the contract. This program is lacate� i� ALL COL1NCfL DISTRICTS. FlSCAL INFORMATIONICERTIFICATION: The Finance Director certifi�s fhat upan ap�roval of the above recommendations and adoption nf the attacE�ed appropriafion ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. Upon execution of the grant contract, the interim inter-fund loan wilf be retumed ta the General Fund. .fP:r 5ubmitted for City Nianager's Office by: Joe Paniagua Originating Degartment Head: Richard Za�ala Additinnal Information Contaci: � FUND I ACCOUNT I CENTER I (to) � 1 & 3) GR76 6140 1 & 3) GR76 2) GR76 488195 080200837000 5 Various 0$Q200837Q10 �2ooa� 0002aas�7oon 570� � {from) � 2) GG01 136076 OOOOD00 I AMOUNT $665,405.QQ $665,405.OD $166,351.D0 $166,359 .00 CITY S�CRETARI' API'ROV�I] 2/A�/a3 ORI], #15427 Willa Lister 5775