A. MaineHousing's
Responsibilities.
1. MaineHousing will prepare
and submit to the Secretary of the United States Department of Health and Human
Services an annual State Plan for HEAP in conformity with the provisions of the
HEAP Act after conducting a public hearing for the purpose of taking
comments.
2. MaineHousing will
maintain this Rule, the HEAP Handbook and any other guidance and documents that
relate to the administration of the Programs.
3. MaineHousing will contract with
Subgrantees and other entities to administer the Programs and may, at its
discretion, make payments to Eligible Households or Vendors or provide
Supplemental Benefits to the extent available. MaineHousing will assign at
least one Subgrantee to each Service Area to administer the Programs and will
select Subgrantees annually based on applications received by June
1st outlining the Subgrantee's: experience in
administering the Programs or similar programs; capacity; availability of other
qualified entities within a Service Area; cost efficiency; ability to enhance
accessibility to the Programs; schedule for taking Applications; and ability to
perform outreach and serve homebound Applicants.
4. MaineHousing will determine the annual
allocation of HEAP funds to each Subgrantee, not including any amount allocated
to MaineHousing to pay Benefits.
5.
MaineHousing will conduct program and fiscal monitoring of Subgrantees and
Vendors to ensure compliance with all rules, regulations and laws applicable to
this Rule.
B.
Subgrantee, Vendor and Contractor Responsibilities.
1. Subgrantees, Vendors and Contractors are
responsible for the following:
a. Conflict of
Interest. No employee, officer, board member, agent, consultant or other
representative of Subgrantee, Vendor, or Contractor who exercises or has
exercised any function or responsibility with respect to Programs' activities
or who is in a position to participate in a decision-making process or gain
inside information with regard to these activities, may obtain a financial
interest or benefit from Programs' activities or have an interest in any
contract, subcontract or agreement regarding the Programs' activities, or the
proceeds there under, which benefits him or her or any person with whom he or
she has business or family ties. Subgrantees, Vendors, and Contractors shall
notify MaineHousing of any potential conflict of interest.
b. Confidentiality. Subgrantees, Vendors,
Contractors, and their employees and agents shall keep confidential Applicant
or Household information obtained in the administration of the Programs,
including without limitation, an individual's name, address and phone number,
household income, assets or other financial information, and benefits received
("Confidential Information") and shall safeguard and protect from disclosure at
all times Confidential Information.
c. Prohibited Discrimination. Subgrantees,
Vendors, Contractors, and their employees and agents are prohibited from
discriminating against any Household applying for or receiving goods or
services in accordance with this Rule.
2. Subgrantees responsibilities also include,
but are not limited to, the following as further defined in the annual Subgrant
Agreement between MaineHousing and Subgrantees and in accordance with the HEAP
Act and this Rule:
a. Conduct outreach, accept
and verify Applications, determine Household eligibility, pay Benefits,
coordinate with MaineHousing on denials and requests for Informal Review and
Fair Hearing, use MaineHousing's database software and equipment, address
emergencies, cost effectively administer and operate the Programs, prioritize
Eligible Households where required, coordinate services between Programs,
submit production schedules, work plans, budgets, monthly status reports, and
billing information to MaineHousing, use forms provided by MaineHousing, make
reasonable accommodations upon request for a Person with a Disability, follow
procurement requirements as may be required by
45 C.F.R. §§
75.327 -
75.335 and
45 C.F.R. §§
75.316-753.23, and inform Applicants of their
rights to request an Informal Review and Fair Hearing;
b. Maintain comprehensive, accurate and
separate documentation, payroll reports, financial statements, and other
records in connection with its administration of the Programs including at a
minimum, the amount and disposition of the Programs' funds received by the
Subgrantee and the total cost necessary to administer the Programs and provide
MaineHousing with copies of any such records as requested and maintain such
records for a minimum of three (3) years from the end of the relevant contract
period or a longer period as prescribed by MaineHousing. In cases of
litigation, other claims, audits, or other disputes the Subgrantee will retain
all relevant records for at least one (1) year after the final disposition
thereof;
c. Provide an annual
budget prior to each Program Year and within ninety (90) calendar days of the
close of Subgrantee's fiscal year furnish to MaineHousing an annual financial
statement prepared by an independent certified public accountant in accordance
with 45 C.F.R. Part
75, Subpart F.
C. Administrative and Program Expenses.
Subgrantees shall be permitted administrative and program expenses necessary to
carry out their responsibilities under this Rule and the Programs. Such
expenses will be allowed in a manner consistent with the provisions of the HEAP
Act and must be reasonable in amount as determined by MaineHousing.
Administrative expenses for the Program Year may be spent only between October
1 and the following September 30 of the applicable Program Year, unless
otherwise authorized. Allowable administrative and program expenses for each of
the Programs are listed below. Other expenses may be allowed if authorized by
MaineHousing before the expenses are incurred.
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Fuel Assistance and
ECIP
|
Expense Category
|
|
Salary and fringe benefit costs for the actual time
an individual performs intake, processing, or eligibility determination
functions associated with an active Application
|
Program
|
|
Salary and fringe benefit costs for the actual time
an individual participates in administering Fuel Assistance or ECIP and is not
performing functions associated with an active Application
|
Program
|
|
Salary and fringe benefits and other related and
reasonable costs for specific HEAP and ECIP training and professional
development of individuals performing intake, application processing,
eligibility determination, and administration of HEAP fuel assistance and
ECIP
|
Program
|
|
Space costs/rent, telephone, copier/printing,
office supplies, postage, transportation/travel, data processing/computer
costs, equipment repairs and maintenance, equipment purchase/lease, and
consultants/professional services associated with the above referenced
activities.
|
Program
|
|
Indirect costs
|
Administrative
|
|
Salary and fringe benefits and other related and
reasonable costs for specific HEAP and ECIP training and professional
development for individuals whose salary and fringe benefits are budgeted
directly to Administrative Costs or for whom salary and fringe are included in
the agency's Indirect Rate
|
Administrative
|
|
Salary and fringe costs, space costs, rent,
telephone, copying, printing, office supplies, postage, transportation, travel,
data processing, computer costs, equipment repairs and maintenance, equipment
purchase or lease, consultant fees and professional services associated with
the administration of HEAP not included in the agency's Indirect Rate or
allowable from program funding
|
Administrative
|
|
HEAP Weatherization, CHIP, and Heat Pump
Program
|
Expense Category
|
|
Material/labor costs for Heating system
repairs/replacements and measures installed as part of
weatherization
|
Program
|
|
Either salary and fringe benefit costs for the
actual time staff participates in administering HEAP Weatherization, CHIP, Heat
Pump Program or a program management fee established by
MaineHousing.
|
Program
|
|
Space costs/rent, telephone, copier/printing,
office supplies, postage, transportation/travel, equipment purchase/lease,
liability insurance, pollution occurrence insurance, and
consultants/professional services.
|
Program
|
|
Indirect costs
|
Administrative
|
|
Assurance 16 Services
|
Expense Category
|
|
Salary and fringe benefit costs for staff providing
direct services and the direct administrative costs associated with providing
the services, such as the costs for supplies, equipment, travel, postage,
utilities, rental and maintenance of office space
|
Program
|
|
Indirect costs
|
Administrative
|
1. Assurance 16
Activities. Subgrantees may submit annual proposals, for MaineHousing's
consideration, describing their planned activities and expenses associated with
providing services to Applicants pursuant to Assurance 16 of the HEAP Act.
Administration of Assurance 16 Activities will be conditioned on the
availability of HEAP funds.
D. Vendors.
1. Eligibility. In order to participate in
the Programs Vendors must demonstrate the capacity and stability of their
business and supply a credit report and business plan to MaineHousing's
satisfaction. Vendors must also show they have been in business for one year
prior to enrolling to participate. MaineHousing reserves the right to exclude
Vendors in certain situations, including but not limited to, bankruptcies or
judgments and prior Program terminations, violations and defaults.
2. Enrollment. Upon approval of a Vendor,
Vendors may enter into a Vendor Agreement during the time period as prescribed
by MaineHousing. Returning Vendors may reenroll each Program Year as prescribed
by MaineHousing contingent upon performance and compliance in previous Program
Years.
3. Use of Benefits. Benefits
may not:
a. Be sold, released, transferred or
otherwise conveyed without written authorization from MaineHousing;
b. Be used to pay Incidental Costs
Benefits;
c. Be used to deliver a
different Home Energy product than the one authorized by MaineHousing
or
d. Be used to deliver Home
Energy products to a Household that is moving, has a Heating System
experiencing mechanical difficulties or has storage tanks that need replacement
or do not meet code.
For electricity and natural gas, Vendors may apply Benefits
to past due charges for Home Energy deliveries with the oldest charges being
paid first.
4.
Annual Consumption Report. As part of the Annual Consumption Report process,
Vendors must review Eligible Household accounts and identify any remaining
Benefits that were issued in or prior to the preceding Program Year. All such
unused Benefits must be returned to MaineHousing no later than June
30.
5. Return of Payments. Upon
receipt of a Benefit Return form Vendor shall return such Benefits to
MaineHousing or Subgrantee within fifteen (15) business days of the date of the
Benefit Return form. If any of the following events occur, Vendor shall within
fifteen (15) business days of becoming aware, submit to MaineHousing a
completed Benefit Return form and return any Benefits paid to Vendor:
a. Death of an individual who is a sole
member of an Eligible Household;
b.
Institutionalization of an individual who was the sole member of an Eligible
Household;
c. Vendor's receipt of a
written notice from an Eligible Household that it no longer desires to receive
Home Energy deliveries from Vendor;
d. An Eligible Household has not received
deliveries of Home Energy for twelve (12) consecutive months;
e. An Eligible Household has moved out of
Vendor's Service Area;
f. An
Eligible Household has moved out of State;
g. Vendor has been paid an excessive Benefit
on behalf of the Eligible Household.
For Benefits with a balance of less than $25, Vendors may
aggregate remaining Benefits and return the balance to MaineHousing when the
Annual Consumption Report is submitted.
All Benefit Return forms should be accompanied by
documentation evidencing: the name and address of the Vendor, the name and
address of the Eligible Household; the Eligible Household's account number; the
Benefit amount being returned; a concise explanation for the return of funds; a
detailed account history showing delivery activity and payment for the twelve
(12) months prior; and any other documentation requested by
MaineHousing.
E. Noncompliance.
1. MaineHousing shall have the right to
terminate or suspend in whole or in part the Subgrantee Agreement in its sole
discretion if it determines the Subgrantee has failed to comply with any
provision of this Rule, the Subgrantee Agreement, the HEAP Handbook, or the
provisions of other applicable law. A written notice will be sent to Subgrantee
and shall set forth as applicable, the reason for termination, the specific
violations and any suspensions. For non-compliance not resulting in termination
or suspension a written notice setting forth the specific violation and cure
period will be provided to Subgrantee. In situations of malfeasance or
misfeasance MaineHousing may bar a Subgrantee's participation in the
Programs.
2. MaineHousing shall
have the right to terminate a Vendor for failure to comply with the terms of
the Vendor Agreement, State law concerning consumer home heating rights as
prescribed by the Office of the Maine Attorney General, documentation,
audit/investigation requirements and the requirements of this Rule. In
situations of malfeasance or misfeasance MaineHousing may bar a Vendor's
participation in the Programs and pursue any other remedies available under the
law. MaineHousing may also choose to place the Vendor on a watch list and
monitor Vendor's performance.
