HomeMy WebLinkAboutRes 2022-02-1104 Texoma COG Low Income Household Water Asst ProgramCITY OF ANNA, TEXAS
RESOLUTION NO. cROa% "Ua - I It)
A RESOLUTION OF THE CITY COUNCIL OF
PARTICIPATION IN THE TEXOMA COUNCIL
HOUSEHOLD WATER ASSISTANCE PROGRAM
MANAGER TO EXECUTE THE AGREEMENT,
THE CITY OF ANNA, APPROVING
OF GOVERNMENTS LOW INCOME
(LIHWAP) AND AUTHORIZE THE CITY
WHEREAS, The City Council of the City of Anna, Texas (the "City Council") finds that from
time to time some of Anna's neighbors need assistance to pay their water bills; and
WHEREAS, The Texoma Council of Governments administers a program in Collin County to
provide financial assistance for low income households that need assistance to pay their
water bills; and
WHEREAS, The Texoma Council Governments has solicited the City of Anna to participate
in the LIHWAP; and
WHEREAS, staff is confident it can administer its roles and responsibilities under the
program and recommends the City's participation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated.
The facts and recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Acknowledgement
The City Council hereby approves the City of Anna's participation in the LIHWAP attached as
Exhibit A, and authorizes, raes, and approves the City Manager to execute the agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th day of
February, 2022.
ATTESTED:
Carrie L. Smith; City Secretary
i.a*id
APPROVED:
Nate Pike, Mayor
RES. PAGE 1 OF 1
40"M0.�TCOG i energy services
T0: Water Department, CITY OF ANNA
FR: Judy Fullylove, Energy Services Director
RE: Low -Income Housing Water Assistance Program (LIHWAP)
Enclosure: LIHWAP WATER PROVIDER AGREEMENT
1117 Gallagher Drive, Suite 200
Sherman, Texas 75090
www.tcog.com
(903) 813-3541 Phone
Texoma Council of Governments has been contracted to administer the Low -Income
Household Water Assistance Program (LIHWAP) for Collin, Cooke, Denton, Fannin, Grayson,
Hunt, and Rockwall counties. The program is funded through the Consolidated Appropriations
Act and the American Rescue Plan Act of 2021 for emergency water and wastewater
assistance.
The program's purpose is to assist low-income households that pay a high proportion of
income for drinking water and wastewater services by providing funds to owners or operators
of public water systems or treatment works.
Priorities of the program are:
• Disconnected Services -restoration of water and wastewater services to eligible
households;
• Pending Disconnections - payment of arrearages to prevent disconnections of
water/wastewater services.
Program guidelines require a completed and signed Water Provider Agreement before the
disbursement of funds. The agreement outlines the responsibilities of Texoma Council of
Governments and the water utility provider.
Feel free to contact me directly should you have questions concerning the program. I can be
reached at 903-813-3537, Monday -Thursday 8:OOam - 5:OOpm.
better leaders building better lives
Texoma Council of Governments I Eric M. Bridges, Executive Director � Honorable Jeff Whitmire, President, Governing Board
LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWAP)
"WATER PROVIDER AGREEMENT"
PURPOSE. The purpose of the Low Income Household Water Ass€stance Program {LIHWAP) grant €s to provide emergency
assistance to low-income households, particularly those with the lowest incomes that pay a high proportion of household
Income for water, storm water, drinking water, wastewater/sewer, and groundwater services collectively named (Water
Services).
The Water Services Provider {Water Provider or Vendor), agrees to the terms of the LIHWAP grant and to accept payment
from LIHWAP agencies only for eligible LIHWAP clients to whom Water Provider continues to provide Water Services. The
Water Assistance Provider (Agency), agrees to make payments only for eligible LIHWAP clients.
PARTIES. This Water Provider Agreement is by and between:
Texoma Council of Governments
Water Assistance Provider (Agency)
City of Anna
Water Services Provider (Water Provider)
The Agency and Water Provider are each a Party to the Water Provider Agreement and collectively known as the Parties.
Water Provider and Agency agree to assist eligible LIHWAP clients in the following Texas counties:
Collin
WATER SERVICES. Water Services provided and billed by Water Provider:
R Water Fees
❑ Stormwater Fees
❑ Wastewater
t"t Sewer Fees
(� Groundwater Fees
Other:
TERM. This Water Provider Agreement shall be effective from the 1 st day of January , in the year 2022 , for a
period not to exceed one year from the effective date, although the Parties can agree in writing to extensions for up to
one additional year. Either Party may terminate this Wafter Provider Agreement by written notice. Such written notice of
termination shall not affect any obligation by either Party incurred prior to the receipt of such notice.
NOTICE. Notice shall be sent via certified mail to the addresses below with return receipt requested.
City of Anna
(Water Provider Name}
P O Box 776, Anna, TX 75409
{Water Provider Mailing Address}
1 November 24, 2021
months of billing history and usage is available. Water Provider will transmit such billing history via electronic
mail or facsimile as soon as possible, but no later than forty-eight hours following the request.
• Work with Agency and eligible LIHWAP client to explore the feasibility of offering flexible payment arrangements
that may include, without limitation, waiving security deposits, reconnect fees, application fees, and all other
fees whenever possible.
• Not discriminate against eligible LIHWAP client in price or services, including the availability of deferred payment
plans, level or average payment plans, discount, budget, advance payment or other credit plans.
• Not refuse to provide water service or otherwise discriminate in the marketing and provision of water service to
any eligible LIHWAP client because of race, creed, color, national origin, ancestry, sex, marital status, age, lawful
source of income, level of income, disability, financial status, location of client in an economically distressed
geographic area, or qualification for low-income or water -efficiency services.
• Allow Agency forty-five days from the date of pledge for assistance payment to forward payment to the Water
Provider. Water Provider agrees not to consider the portion of the eligible LIHWAP client's account to be paid by
the Agency delinquent if said payment is received within the above mentioned forty-flve day period, and Water
Provider is provided with a verbal or signed pledge from the Agency within forty-five days of identifying an eligible
LIHWAP client.
• Not interrupt service if eligible LIHWAP client is eligible under PUC regulations, or other state agency regulations
(as applicable), and enters into an agreement with the Water Provider concerning how the eligible LIHWAP
client will pay the balance owed Water Provider and the eligible LIHWAP client is meeting the obligation under
such agreement.
• if the Agency has paid for an initial deposit or similar refundabEe instrument, upon the termination of service to
the eligible LIHWAP client, the Water Provider shall return funds including interest (after any balance owed} to
the Agency in accordance with PUC regulations or 10 Texas Administrative Code §6.312(f) (as applicable).
• Not apply LIHWAP payments to account balances that have previously been written off or paid with other
funds.
• Not apply LIHWAP payments to commercial accounts. LIHWAP payments must only be applied to residential
accounts.
• Clearly enter, on LIHWAP household bills, the amount of LIHWAP payments) received in a manner which
identifies the payment as received from LIHWAP or at least the amount paid by LIHWAP shown as credited.
• Continually maintain accurate records of LIHWAP credit balances and annually reconcile accounts. After one
year, credit balances must be refunded to the Agency, in compliance with LIHWAP Wafer Provider Refund
Policies.
• Not exchange the household's credit authorization for cash or give any cash equivalent for excess credit.
• Cooperate with any Federal, State, or local investigation, audit, or program review. Understand that failure to
cooperate with any Federal, State, or local investigation, audit, or program review may result in the immediate
disqualification from participation in the LIHWAP.
• Water Provider's application materials should include language that authorizes the Water Provider to release
the applicant's information as described below to the Agency, Texas Department of Housing and Community
3 November 24, 2021
12976
(Water Provider Certificate of Convenience and Necessity # (CCN))
Texoma Council of Governments
(Agency Name)
1117 Gallagher Dr., STE 200, Sherman, TX 75090
(Agency Mailing Address)
AGENCY REPRESENATIONS. The Agency named above represents and warrants to Water Providerthat it is an entity under
contract with the Texas Department of Housing and Community Affairs (TDHCA) and as such is authorized and has received
funding from the TDHCA to provide bill payment assistance service for eligible LIHWAP clients. In addition, the Agency
further represents and warrants to Water Provider that it has determined eligible LIHWAP clients to be eligible under the
LIHWAP guidelines. Thefunds will be used to cover and/or reduce arrearages, rates and fees associated with reconnection,
or prevention of disconnection of service, and to pay either partially or in full an eligible LIHWAP client's current due water
bill, known as "Eligible Costs" related to Water Services.
WATER PROVIDER'S REPRESENTATIONS. The Water Provider named above represents and warrants that it will apply any
payments received from Agency to the eligible LIHWAP client's account related to Eligible Costs.
Both parties acknowledge that this Water Provider Agreement and the services provided by the Water Provider are
governed by and subject to the federal and state laws and regulations in accordance with the LIHWAP.
AMENDMENTS. Any and all amendments to this Water Provider Agreement shall be in writing, approved by TDHCA, and
agreed upon by both Parties.
WATER PROVIDER'S RESPONSIBLITIE5. Water Provider will, with reference to an eligible LIHWAP clienfi:
• Provide the Agency with at least one designated contact person who shall be available fio respond by telephone
and email to all reasonable inquiries regardi"Bust u LIHWAP clients and client accounts including but not
limited to bills, payments, and services.
• Provide water services to each eligible and approved household for which payment is provided under LIHWAP.
• Extend the potential LIHWAP application for water services for up to ten calendar days while the Agency
determines whether the potential LIHWAP applicant is eligible pursuant to the LIHWAP.
• Upon accepting payment from Agency for the eligible LIHWAP client, continue or restore water services to eligible
LIHWAP client with na increases in charges, service charges or other charges orfees affectingthe total cast of the
bill, except as allowed by the stated tariff cost registered with the Public Utility Commission "PUC".
• In the event the Agency requires the eligible LIHWAP client to pay a portion of the bill prior to having a pledge
made an their account on or before the disconnect date, as stated in the client's Disconnect Notice as required
by PUC regulations, nothing in this agreement requires the Water Provider to delay a disconnect if the eligible
LIHWAP client has not paid their required portion.
• Invoice the eligible LIHWAP client in accordance with Water Provider's normal billing practices.
• Upon verbal or written request from Agency, provide at no cast to the Agency the eligible LIHWAP client's billing
and usage history for previous twelve months, or available history plus monthly estimates if less than twelve
2 November 24, 2021
Affairs, Texas State Auditor's Office, Office of the Attorney General of Texas, U.S. Department of Health and
Human Services, the U.S. Department of Health and Human Services Internal Auditor, or the designee of any of
Yhese governmental agencies.
• Data related to a eligible LIHWAP client's Water Services and payments must be provided within a timeframe
specified by the Agency at no cost and must be provided in the format requested by the Agency. The data must
be provided to the Agency for the purposes of verification, research, evaluation, analysis, and reporting. The
eligible LIHWAP client's signed LIHWAP application will authorize the Water Provider to release this information
to the Agency.
AGENCY RESPONS(BLITIES. The Agency will:
• Accept written referrals far LIHWAP benefits by the Water Provider, and evaluate whefiher the referral is eligible
as an eligible LIHWAP client.
• Obtain written permission for Agency to request and have access to eligible LIHWAP client information, including
confidential or personal account information, credit and payment history, from eligible LIHWAP client's seeking
Agency assistance. Social Security numbers are not required for the LIHWAP program and may not be disclosed
to Agency.
• Provide to Water Provider, at Water Provider's request, eligibie LIHWAP client's written permission for Agency's
access to eligible LIHWAP client's information as stated above.
• Review invoices) submitted by the Water Provider. The Agency may request additional documentation and/or
clarification of charges as needed. No payment will be made without all required documentation/clarification of
charges.
• Not provide payments on behalf of an eligible LIHWAP client to Water Provider without having adequate funds to
pay such payments.
• Provide payment to the Water Provider after receipt of proper invoices, and any additional required
documentation or clarification, for services rendered pursuant to this Water Provider Agreement, upon full
compliance by the Water Provider with the terms herein within 45 days.
• Determine if a client Is LIHWAP eligible within ten calendar days of contacting Water Provider.
• Provide Water Provider a list of names, telephone numbers and a -mail addresses of Agency staff designated to
make payments on behalf of the Agency and eligible LIHWAP clients, if requested from Water Provider.
• Comply with all relevant state and federal laws and regulations in its implementation of the LIHWAP. Follow all
supplemental terms and conditions as setforth by the U.S. Department of Health and Human Services. The Agency
shall provide notice of any changes or amendments to policies or guidelines for the LIHWAP.
CONFIDENTIALITY. The terms of any confidential transaction under this Water Provider Agreement or any other
information exchanged by the Agency and Water Provider relating to any transaction shall not be disclosed to any person
not employed or retained by the Agency or Water Provider, their affiliates, or brokers, except to the extent disclosure is
1) required by law; 2) necessary to disclose to the other Party in connection with a dispute between the Parties; 3)
otherwise permitted by written consent of the other Party; 4) required by guarantors to be disclosed; 5) information
which must be disclosed to a third Party to transmit water; 6) to meet reliability council, regulatory, administrative, judicial,
governmental, or regulated commodity exchange requirements where necessary; or 7) information which was or Is
hereafter in the public domain (except by breach of this Water Provider Agreement,
4 November 24, 2021
Authorized Water Provider Signature
typed Name of Authorized Signature
Water Provider Telephone Number
Water Provider Email Address
Authorized Agency Signature
Eric Bridges, Executive Director
Date
Title
Date
Typed Name of Authorized Signature Tifile
t a 90M 13-3512
Agency Telephone Number
ebridges @texoma mg AXI us
Agency Email Address
5 November 24, 2021