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HomeMy WebLinkAboutAgenda Report - October 17, 2012 C-06AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute the Direct Payment Program Agreement with the State of California Department of Community Services and Development for the Term of July 1, 2012 through September 30, 2014 MEETING DATE: October 17,2012 PREPARED BY: Jordan Ayers, Deputy City Manager RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute the Direct Payment Program Agreement with the State of California, Department of Community Services and Development for the term of July 1, 2012 through September 30, 2014. BACKGROUND INFORMATION: The LIHEAP (Low -Income Home Energy Assistance Program) is designed to provide assistance to qualified customers once a year or as a crisis intervention action. As a crisis intervention action, this program is crucial to customers who need help paying their utility bills, as otherwise they may suffer termination of service for non-payment. The State of California, Department of Community Services and Development determines program eligibility and issues funds to the City on behalf of qualified clients. The State of California, Department of Community Services and Development (CSD) requires an agreement be entered into between CSD and the City of Lodi to provide for LIHEAP disbursements on behalf of the City of Lodi energy customers. The attached proposed agreement will provide for this program for the term of July 1, 2012 through September 30,2014. FISCAL IMPACT: Nominal program expenses for the City already included in Finance Division budget. Jordan Ayers JA/pn Deputy City Manager Attachments APPROVED: Bartlam, City Manager DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT P. 0. Box 1947 Sacramento, CA 95812-1947 (916) 341-4200 (916) 341-4203 (FAX) (916) 327-6318(TDD) July 17,2012 Konradt Bwtla n, City Manager City of Lodi 221 West Pine Street Lodi, CA 95241-1910 Dear Mr. Bartlam.: Re: ContractNumber 12Y-1414 Enclosed is a copy of the signed,' executed contract referenced above. If you have any questions regarding the contractprocess, you may contact me at (916) 576-5316. S' cerely, Abig ail Churchill Contract Services Unit Enclosure t July 1,2012-September30,2014 Direct Payment Agreement Agreement No. 12Y-1414 STATE OF CALIFORNIA AGREEMENT This Agreement consists of this signaturepage, Exhibits A ftoughF, and Attachments I through IV, which are attached hereto and incorporated herein by this reference. It is entered into between the State of California, Department of Community Services and Development, and the Utility Company, City of Lodi: Utility Company: The term of this Agreement is: The maximum amount of this Agreement is: Agreed to and approved: CONTRACTOR By: c Autrorized Signature Konradt Bartlam, City Manager Printed Name and Title of Person S igning City of Lodi July 1,2012 through September 30,2014 City of Lodi '1_ 10 — 2012 Date Signed Approved as to ©tI! • City Attorney Address: City Hall, 221 W. Pine St. SM Lodi, CA 95241-1910 • • ... _ Telephone: (209)333-6700 CHy Clek Facsimile: (209)333-6807 STATE OF CALIFORNIA as Department of Community Services and Development xr• . b,00 By: W a'— Ili M-4 Authorized Signature Date Signed Jean Johnson. Deputy Director of Administrative Services �~ Printed Name and Title of Person Signing Address: P.O. Box 1947 Sacramento, California 95812-1947 Telephone: (916) 576-7109 Facsimile: (916) 263-1406 Exhibit A (Standard Agreement) SCOPE OF WORK July 1,2012-September30,2014 Direct Payment Agreement 1. The purpose of this Agreement between the Department of Community Services and Development, hereinafter referred to as CSD or the Department, and the City of Lodi, hereinafter referred to as Contractor, is for the purpose of making direct credit to the accounts of low-income energy customers of the Contractor that are identified by CSD as payment recipients under CSD's Low -Income Home Energy Assistance Program (LIHW) ,which includes the Home Energy Assistance Program (HEAP) and Energy Crisis Intervention Program —Fast Track(ECIP-FT). 2. LOCATION WHERE SERVICES ARE TO BE PROVIDED Unless specified in writing, in advance, by.CSD, the location of all services to be provided by CSD under this Agreement will be at: Department of Community Services and Development Program Services and Support Unit 23 89 Gateway Oaks Way, Suite 100 Sacramento, California 95833 3. ADDRESSES All notices to the parties shall, unless otherwise requested in writing, be sent to Contractor's address as follows: Name and Title: Jordan Ayers, Deputy City Manager/ Internal Services Director Company name: Ci ty of Lodi Address: P.O. Box 3006 City, State and Zip Code: Lodi , CA 95241-1910 or by facsimile to ( 209 ) 333 - 6807 and to CSD's address as follows: Kathy Andry, Senior Manager Department of Community Services and Development P.O. Box 1947 Sacramento, CA 95812-1947 Or by facsimile to (916) 263-1651 A] July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT B (Standard A-areenaent) BUDGET DETAIL AND PAYMENT PROVISIONS 1. PAYMENT Contractor will not receive any direct financial considerationunder this Agreement. 2. CSD'S PROJECT COORDINATOR The Manager of the Energy and Environmental Services is designated as the Department'sProject Coordinator. The Department may, at any time, designate a subsiitute'Project Coordinator. 3. CONTRACTOR'S PROJECT COORDINATOR Ruby Paiste, Internal Services Manageis designated as the Contractor's Pro* ect Coordinator. The Project Coordinator can bereachedat (209)333-6800 ext.25-91 The Contractor may, at any time, designate a substitute Project Coordinator. Notification to CSD of any change in the Project Coordinator will be made in Writing and will not require an amendmentto this Agreement. 4. BUDGET CONTINGENCY CLAUSE A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this'Agreementdoes not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, CSD shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the State of California Budget Act for purposes of this program, CSD shall have the option to either cancel this Agreement with no liability occurring to CSD, or offer an agreement amendment to Contractor to reflect the reduced amount. July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT B (Standard Agreement) C. Notwithstanding the language in Sections 4.A. or 4.B. above, if CSD believes that funds will be insufficientto allow the State to make LH- EAP payments to Contractor i.e., for the reasons described in Section 4.A. or 4.B. above, then CSD shall promptly notify Contractor's Project Coordinator. CSD and the Contractor's Project Coordinator shall attempt to amend this Agreement so the LIIIEAP payments can continue to the extentpossible given the nature of the shortage or unavailability of funding for LIHEAP. The parties agree that it is undesirable to terminate this Agreement for any short-term unavailability of LIHEAP funds and that it would be preferable, if Federal funds are not available for LIHEAP, to suspend LIHEAP until CSD is able to obtain sufficient funding to resume credits to qualified low-income energy customers, as provided for under LMAP. A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertainingthe availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. B. This contract is valid and enforceable only if sufficient funds are made available to CSD by the United States Government for the purpose of this program. In addition, this Agreement is subjectto any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner. C. The parties mutually agree that if Congress does not appropriate sufficient funds for LMEAP, this Agreement shall be amended to reflect any reduction in funds. D. CSD has the option to void the Agreement under the 30 -day cancellation clause or to amend the Agreement to reflect any reduction for funds. E. CSD will notify Contractor's Project Coordinator if federal funds are insufficient for LIHEAP to continue as expected during the next fiscal year or if restrictions, limitations or conditions have been imposed by Congress on the LIHEAP or funding for it as soon as the Federal grant award letter has been issued Adh some constraint. CSD further agrees that Contractor's willingness to suspend the LMEAP, as described herein and in Section 5.C. above, does not constitute an agreement by Contractor that: (i) funding for LIHEAP is unimportant or (ii) a delay in crediting a customer tiffi LIHEAP funds is acceptable, to either Contractor or its customers. IM July 1,2012 -September 30,2014 Direct Payment Agreement EXHIBIT C (Standard Agreement GENERAL TERMS AND CONDITIONS — GTC 610 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance u#il such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASS : This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontractrelated to performance of this Agreement. (Gov. Code § 8546.7, Pub. Contract Code § 101 15 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporationwho may be injured or damaged by Contractorin the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such terminationthe State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any s u m due the Contractorunder this Agreement and the balance, if any, shall be paid to the Contractor upon demand. Cl July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT C (Standard Agreement) 8. INDEPENDENT CONTRACTOR Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or. employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the rani r nun, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code § 12205). 10.NON-DISCRUVIINATION CLAUSE: During the performance ofthis Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employmentbecause of sex, race, color, ancestry, religious creed, national origin, physical disability (including H N and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discriminationand harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a -f et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-�, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made apart hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligationsunder this clause to labor organizations v&h which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. c2 July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT C (Standard Agreement) 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply the requirements of the Government Codes Sections set out below. a The Government Code Chapter on Antitrust claims contains the following definitions: I) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Publicpurchasing body" means the State or the subdivisionor agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. S ec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either throughjudgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section4553. d Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assignedunder this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall My comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and 0 July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT C (Standard Agreement) b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY H R G CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority considerationin filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code § 10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATIONREPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, . then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE)participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certifyin a report to the awarding department: (1) the total amount the prime Contractor received under the, Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt Code § 14841.) 20. LOSS LEADER If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code (PCC 10344(e)). c4 July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT D (Standard Agreement) SPECIAL T E RM S AND CONDITIONS 1. CANCELLATION Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other party. 2. SUBCONTRACTS No subcontracts shall be permitted under this Agreement; therefore, references to subcontractors or subcontracts as part of standard provisions that have been included herein shall have no applicability. 3. CERTIFICATION Contractor's signature affixedhereon shall constitute a certification that to the best of its ability and knowledge it v"unless exempted, comply with the provisions set forth in the following: Information Integrity and Security (Department of Finance, Budget Letter 04-35). 4. LABORCODE/WORKERS' COMPENSATION Both parties agree that they are aware of the provisions that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions, and CSD affirms to comply with such provisions before commencingthe performance of the work of this Agreement. (Labor Code Section 3700) 5. RESOLUTION Contractormust provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body that by law has authority to enter into an agreement, authorizing execution of the agreement. 6. COMPLIANCE WITH LAWS AND TAX WITHHOLDING A. CSD shall comply with all applicable Federal, State, and local laws, rules, and regulations and shall obtain all permits required to conduct its business and perform the work called for in this Agreement, if applicable. B. CSD represents and warrants that it will withhold all taxes, if any, which are required to be Withheld under applicable laws v&h respect to CSD personnel who perform services for the Contractor. CSD shall indemnify and hold the Contractor harmless, on an after-tax basis, for any liability incurred by the Contractor as a result of CSD's failure to institute any such required withholding. DI July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT E (Standard Agreement) ADDITIONAL PROVISIONS 1. INDEPENDENT CONTRACTOR CSD, and the agents and employees of CSD, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of Contractor. 2. DELEGATION OF CSD'S DUTIES This Agreement is not assignable by CSD, either in whole or in part, without the consent of Contractorin the form of a formal written amendment. CSD shall not employ other consultants or contractors to provide key data entry, document perfection, and/or any other services under this Agreement without the prior written approval of Contractor, nor shall the duties of CSD, under this Agreement, be delegated without prior written approval of Contractor. Unless otherwise expressly agreed upon by Contractor, CSD shall remain responsible for the quality and timeliness of performance notwithstanding any delegation. 3. CONFLICT OF INTEREST/BUSINESS ETHICS CSD shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with Contractor's interest. Dicirg the term of this Agreement, CSD shall not accept any employment or engage in any consulting work that creates a conflict of interest with Contractor or in any way compromises the servicesto be performed under this Agreement. All financial statements, reports, billings, and other documents rendered shall properly reflect the facts about all activities and transactions handled for the account of Contractor. 4. WARRANTY CSD warrants to Contractor that the work under this Agreement shall be performed with the degree of skill and care that is required by current, good, and soundprofessional procedures and practices and in conformance with generally accepted professional standards prevailing at the time the work is performed, so as to ensure that the services performed are correct and appropriate for the purposes contemplated in this Agreement and related specifications. E1 EXHIBIT E (Standard Agreement) 5. CONFIDENTIALITY July 1,2012-September30,2014 Direct Payment Agreement A. In the course ofperforming the services under this Agreement, CSD may have access to confidential, commercial, or personal information concerning, but not limited to, technology, rate maldng, legislative, and personnel matters and practices of the Contractor, its subsidiaries, affiliates, or members of the public. CSD agrees not to disclose any such information without the prior Written approval of Contractor. B. Contractor hereby agrees to provide required security to insure the confidential, physical security and safekeeping of all data, information, files, and documents while in its possession. Through the observance of the same or more effectiveprocedural requirements as used by CSD, Contractor will protect from unauthorizeduse and disclosure all sensitive data, documentation, or other information that are designated confidential by CSD and made available to Contractor in order to carry out this Agreement. CSD shall provide to Contractor in writing the identificationof all such confidential data and information, as well as CSD procedural requirements for protection of such data and information from unauthorized use and disclosure. C. Any representationherein made by CSD relating to confidentiality or the operations, limitations, and requirements for the furnishing of personnel records, as set forth in EXHIBIT E, ADDITIONAL PROVISIONS, Section 6., CSD's Use of Contractor's Pro e , below shall be subject to the Information Practices Act of 1977, , Section 1798 et seq. of the California Civil Code, and the California Public Records Act, Section 6250 et seq. of the California Government Code. 6. CSQ'SUSE OF CONTRACTOR'S PROPERTY All records, reports, computer programs, written procedures, and similar materials, documents, or data, in whatever formprovided by Contractor for CSD's use in performance of services under this Agreement shall remain the confidential property of Contractor and shall be returned to Contractor immediately upon completion of CSD's use or upon written request of Contractor. 7. NONWAIVER The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in the performance of any obligations under this Agreement, shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation; nor shall any waiver of any incident of breach or default constitute a continuing waiver of the same. All waivers shall be in Writing. E2 July 1,2012-September30,2014 Direct Payment Agreement EBH= E (Standard Agreement) 8. INCIDENTAL AND CONSEQUENTIAL DAMAGES Contractor shall not be liable for incidental or consequential damages including but not limited to loss of profits, commitments to subcontractors, rental or lease agreement(s), and personal services contracts, unless expressly authorized in writing by Contractor. 9. INSURANCE CSD is a self-insured entity. If said coverage no longer prevails, CSD mM notify Contractor inn thirty (30) days of said coverage expiration. 10. CAPTIONS The captions of the various sections, paragraphs, and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretations. 11. VENUE In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall'be exclusive vested in the State Courts of the County of Sacramento, or where otherwise appropriate, exclusively in the United States District Court for the Eastern District of California in Sacramento, California. 12. OTHER AGREEMENTS This Agreement shall not prevent either party from entering into similar agreements -Vdh others. 13. DISPUTE RESOLUTION A. Unless otherwise mutually agreed to, any disputes between CSD and Contractor regarding the constructionpr application of this Agreement and claims arising out of this Agreement or its breach shall be submittedto mediation within thirty (30) calendar days of the written request of one party after the service of that request on the other party. E3 July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT E (Standard Agreement) B. The parties shall make best effortsto settle all disputes arising under t h is Agreement as a matter of northal business and without recourse to either mediation or litigation. If the parties are unable to resolve a dispute v&h respect to this Agreement, either party may send a notice to the other requesting a meeting at which senior officers or officials of the parties will attempt to resolve the dispute. If the parties are unable to resolve the dispute within ten (10) days after the meeting notice is received by the party to whom it is directed, or such longer period as the parties may agree, then eitherparty may initiate mediation as set forth herein. C. Mediation under this section is a conditionprecedent to filing an action in any court. In the event of litigationthat arises out of any dispute related to this Agreement, the parties shall each pay their respective attorney's fees, expert witness costs, and cost of suit, regardless of the outcome the litigation. 14. FEDERAL EQUAL OPPORTUNITY LAWS Djdrrg the performance of this Agreement, and to the extent they may be applicable to this Agreement, CSD agrees to comply Adh the following: A. Federal Executive Order 11246, as amended by Executive Order 11375 relating to equal empioyment opportunity; B. Title VI 'and Title VII of the Civil Rights Act of 1964; as amended; C. Rehabilitation Act of 1973, as amended: D. Vietnam Era Veterans ReadjustmentAssistance Act of 1972, as amended; E. Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of Federal Contract Compliance Program, Equal Employment Opportunity, Department of Labor, as amended; and F. Public Law 101-33 6, Americans with Disability Act of 1990, as amended. M July 1,2012-September30,2014 Direct Payment Agreement EXHIBIT F (Standard Agreement) 1. A. CSD will process applications and make a determination of applicant's eligibility for assistance based upon pre -established criteria pursuant to the LHI EAP. CSD will provide the Contractor with a disk which lists applicants determined eligible for assistance and the amount of assistance as shown on Attachment 2. Payment, in the form of a State of California warrant, and Direct Payment Summary (Attachment 3), shall accompany the dhsk, and shall represent the sum total of benefits contained on said transmittal. B. Contractor will process payments contained on aforementioneddisk in accordance with the provisions of the enclosed LRIEAP Direct Payment Instructions (Attachment 1). C. Contractor will provide notification of LIHEAP payment to each customer for whom a credit is made. The wording of said notification must contain the words "LMAP credit." D. The Contractor shall attempt to credit the accounts of qualified low-income customers by the subsequentbilling cycle following the receipt of the transmittal and State of Californiawarrant. E. 1) Contractor is responsible for completing and returning to CSD, the Direct Payment Summary that accompanies each transmittal, W�ri ten (10) working days of processing and handling the batch nus of eligible low- income utility customers receiving LRIEAP assistance. Contractor shall complete the Direct Payment Summary by indicating: a) the total number of customer accounts where the Contractor was successful in crediting full amount of eligible LMAP benefit; b) the customer accounts where the Contractor was only able to credit a partial amount ofthe eligible LIHEAP benefit, also referred to as Partial Payment Return; and c) the customer accounts where the Contractorwas unable to credit any of the eligible LIHEAP assistance amount, also referred to as Full Payment Return. 2) Contractor shali return any undeliverable LRIEAP benefits to CSD during the course of this Agreement. �07i.*Ilei MaUVIa20 Funds provided under this Agreement shall be disbursed and applicant accounts credited in accordance with the provisions of the LIHEAP Direct Payment Instructions. F1 EXHIBIT F (Standard Agreement) 3. ASSURANCES July 1,2012-September30,2014 Direct Payment Agreement A. Contractor shall charge the eligible household, in the normal billing process, the difference between the actual cost of the home energy and the payment amount made by the Department. The actual costs of the home energy shall be consistent with applicable utility company tariffs as approved by the CPUC, if applicable. B. Contractor assures that no household receiving assistanceunder this process will be treated adversely because of such assistance under applicable provisions of State Law regarding public regulatory requirements. Reports required under this Agreement are detailed in the LMAP Direct Payment Instructions and the attachmentsthereto. F2 July 1, 2012 -September 30,2014 Direct Payment Agreement ATTCHMENTS Direct Payment LIHEAP Direct Payment Instructions and Samples • Attachment 1-= Direct Pavment Instructions • 'Attachment 2 — Sample Printout • Attachment 3 — HEAP Direct Payment Summary • Attachment 4 — Utility Direct Pay File Format July 1,2012-September30,2014 Direct Payment Agreement ATTACHMENT 1 LH -EAP DIRECT PAYMENT INSTRUCTIONS HOW TO MAKE A MATCH OPEN ACCOUNTS: If an applicant's utility account is open at the time a LIHEAP payment is received, the full amount of the payment can be applied even if it creates a credit to the account It is incumbent upon your company to match payments to the correct account and customer of record to which the LIHEA.P applicant has directed the benefit. For this purpose, both the "Customer of Record" and last name of the LH- EAP applicant, "Applicant LastName" has been provided, as well as an.account number and service address. CLOSED ACCOUNTS: A at the time the LH- EAP benefit is to be applied, and the applicant's reported utility account is closed, you must select and complete one of the three options below: I,) 'Amatch can be made with an applicant's new account within the same utility company. 2.) If the account is CLOSED with an outstanding balance owed, a partial payment can be made and the difference refunded to CSD with a notation on your printout. 3.) If the account is CLOSED with no outstanding balance, the total amount of LIHEAP benefit should be returned to CSD with a notation on your printout. HOW TO NOTIFY CSD OF PARTIALS AND/OR NON -MATCHES 1.) PRINTOUTS: Using the disk that was provided with the LIHEAP payment, print the page upon which the LIHEAP applicant's name appears. • Circle the name of the customer of record to whose account the partial payment was- applied (See Attachment 2). . • Note beside the L]HEAF'payment the amount that is being returned to CSD -(the difference between the CSD payment and the returned amount is the amount which was credited to the customer of record). If there is a 100% refund to CSD, note the total LIHEAP payment amount. July 1,2012-September30,2014 Direct Payment Agreement • Provide an adding machine tape listing the total amount of money to be refunded to CSD. The tape should include both the individual amounts, as well as a total. • Return the LIHEA.P DIRECT PAYMENT SUMMARY SBEET,which accompanies each run of selected payment records, nth the number of partials and/or non -matches (See Attachment 3). • Attach a check made payable to CSD and return your printout Wth partials/non-matches information), adding machine tape, and summary page to: The Department of Community Services and Development Energy and Environmental Services P.O. Box 1947 Sacramento, CA 95812-1947 2.) Compact Disk (CD)/File Transfer Protocol (FTP) • If you expect to return. the "partial or non -match" information to CSD by CD or File Transfer Protocol (FTP), refer to Attachment 4 for more specific instructions on how to code the record. WHAT IF ALL RECORDS ARE MATCHES If you find that all records on a specific run are matches to your client database, you need . to notify CSD on the LIHEAP Direct Payment Summary. In the case of a 100%match, the figure in the "Run $ Total" column would be the same amount as the amount in the "Total $ Match" column (Attachment 3). 2 ATTAMAENT 2 DATE -07/01/2012 DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT 2012 HOME ENERGY ASSISTANCE PROGRAM (Federally Funded Programs) UTILITY COMPANYNAME Pay Run on 07/01/2012 ACCOUNT NUMBER PAY AMT CUSTOMER OF SERVICE ADDRESS APPLICANT LAST NAME RECORD 4257809602625000003301 $236.00 BETTY CASTRO 2625 S MAIN ST LOS ANGELES, CA 95678 ' CASTRO 1099766500156000000401 $297.00 FREDJONES 156 W 82 ST IAS ANGELES, CA 90003 JONES GRAND TOTAL: $530.00 July 1,2012-September30,2014 Direct Payment Agreeinert PAGE: 1 DLN 120410500000004 120630700000026 STATE OF CALIFORNIA—HEALTHAND HUMAN SERVICESAGENCY EDMUNDG. BROWNJR., GOVERNOR DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT P.O. Box 1947 Sacramento, CA 95812-1947 (916) 576-7109 (916) 263-1651 (FAX) (916) 263-1402 (TDD) July 1, 2012-September30,2014 Direct Payment Agreement ATTACHMENT 3 2012 LIHEAP DIRECT PAYMENT SUMMARY PLEASE COMPLETE FOR EACH DIRECT PAYMENT BATCH COMPLETED BY : UTILITY COMPANY: PHONE: PLEASERETURN MM SUMMARY SHEET WITH PRINT-OUTS AND CHECK (FOR NON MATCHES) NO LATER THAN 10 DAYS FOLLOWING RECEIPT FROM CSD PLEASE RETURN SUMMARY SHEET TO: Barbara Ramos, ENERGY SERVICES HCNE ENERGYABSISTANCE PROGRAM P. O. BOX 1947 SACRAMENTO, CA 95812-1947 3F YOU HAVE ANY QUESTION PLEASE CONTACT Barbara Ramos (916) 576-7162 CHECK (A) (B) (C) (D) CSD RUN DATE TOTAL DOLLAR TOTAL DOLLAR TOTAL NUMBER TOTAL DOLLARS (THIS DATE IS ON THE AMOUNT FROM AMOUNT BEIl�G OF RECORDS THAT MATCHED TOP LEFT HAND CSD RZTURNED CSD BEING RETURNED (THIS IS THE AMOUNT CORNER OF THE PRINT- OUTS) (THIS IS THE CHECK (ENTERTHE AMOUNT TO CSD THAT YOU STARTED AMOUNT THAT WAS OF THE CHECK THAT (ENTER THE NUMBER WITH MINUS ANY SENT WITH THIS RUN WILL BE RETURNEDTO OF RECORDS THAT ' )DATE NOTE: THIS CSD WITH THIS FORM) WILL BE RETURNED TO �,��s' DOLLARS MATCHED A' AMOUNT SHOULD CSD WITH THIS FORM) MATCH THE PRINT- B -D) O 07/01/2012 COMPLETED BY : UTILITY COMPANY: PHONE: PLEASERETURN MM SUMMARY SHEET WITH PRINT-OUTS AND CHECK (FOR NON MATCHES) NO LATER THAN 10 DAYS FOLLOWING RECEIPT FROM CSD PLEASE RETURN SUMMARY SHEET TO: Barbara Ramos, ENERGY SERVICES HCNE ENERGYABSISTANCE PROGRAM P. O. BOX 1947 SACRAMENTO, CA 95812-1947 3F YOU HAVE ANY QUESTION PLEASE CONTACT Barbara Ramos (916) 576-7162 CHECK D`� TE NUMBER RECEIVED DATE SENT TO ITS $ AMOUNT SUMMARY RETURNED ATTACHMENT4 July 1,2012-September30,2014 Utility Direct Pay File Format Direct Payment Agreement Attachment 4 StdDIrectP8yFIIeFormat2012.YJ$ STATE OF CALIFORNIA -HEALTH AND HUMAN SERVICES AGENCY Edmund G. Brown. Jr.. Govemor DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT P.O. Box 1947 Sacramento, CA 95812.1947 (916)576-7109 (916) 263-1406 (FAX) (916) 263.1402 (TDD) May 14,2012 To: All Direct Payment Program Participants: July 1, 2012 -September 30.2014 Direct Payment Program Agreement Attached, is the agreementreferenced above for your approval and signature. In order to expedite the execution of your Agreement packet, please print two copies, observe the following instructions, and feel free to use this letter as a checklist: ❑ Please review your contract carefully, as there are a few minor changes. Q Contractorsmust submit the Standard204 attached. The following links maybe used to access these forms or you may access on our CSD website. littp://www.documents.dgs.en.aovlosp/pdf/STD204.1)df ❑ Print or typo the name and title of the person authorized to sign the Agreement on both copies. ❑ Have your authorized representative sign both copies of the Agreement. Your authorized representative is the person who has your govemingboard's authorizationto execute Agreements on behalf of your company. ❑ The Agreement shall be accompanied by a copy of the resolution, order motion, or ordinance of the local governing body, which by law has authority to enter into the proposed contract, authorizing the execution of the agreement. ❑ The Agreement must remain unchanged; CSD is not able to process Agreements that have been changed by a company. Ifyou see the need to make changes to the Agreement, please contactyour Program Analyst, Mary Rhine at (916) 576-7186, who will arrange for Contract Services Unit to immediately mail your company a corrected Agreement. Do not use correction fluid or tape. If a correctionto any page is necessary, please contact your Program Analyst. ❑ Do not staple anythingto the Agreement such as a transmittal letter or board resolution. You may place documents in front of or behind the Agreement packet. ❑ Return the Agreementpackage to CSD's Contract Services Unit within 30 days of the date of this letter. If you are unable do so, please contactyour Program Analyst. Once it is filly executed, Contracts Services Unit will sendyour company one copy of the executed Agreement for your files. If you have any questions regarding the Agreementprocess, you may contact Abigail Churchill of my staff at (916) 576-5316. Sincerely, Rex TiaeYwPmwCat hew AKIimrley Petz P8 Manager, Contract Services Unit KP:ac Enclosure STATE O= !.ALIFORNIA-DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9) STD. 204 (Rm6-2003) INSTRUCTIONS: Complete all information on this form. Sign, date, and return to the State agency (department/office) address shown at the bottom of this page. Prompt return of this fully completed formwill prevent delays when processing payments. Information provided in this form will be used by State agencies to prepare Information Returns (1099). See reverse side for more information and Privacy Statement. NOTEN Governmental entities. federal- State. and local (including school districts), are not required to submit this form - PAYEE'S LEGAL BUSINESS NAME (Type or Print) j 21 SOLE PROPRIETOR— ENTER NAME AS SHOWN ON SSN (La*First M.I.) E-MAILADDRESS MAILING ADDRESS BUSINESSADDRESS P.O. Box 3006 221 W. Pine St. CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE Lodi, CA 95241-1910 Lodi, CA 95241-1910 ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): g 4 _ 6 O O �0. 3 6 1 NOTE: Payment will not [] PARTNERSHIP CORPORATION: wi be,processed ❑ t an PAYEE ,) MEDICAL(e.g., dentistry, psychotherapy,chiropractic, etc.)accom 0 ESTATE OR TRUST El LEGAL services) accompanying ENTITY (e.g., attorney taxpayerl.b, TYPE ❑ EXEMPT (nonprofit) _ number. )b ALLOTHERS Municipal Corporation CHECK ONE BOX Q INDIVIDUAL OR SOLE PROPRIETOR ' I _ _ I ! 1 ` I ONLY ENTER SOCIAL SECURITY NUMBER: (SSNrequiredby authorltyof California Revenue and Tax Code Section 18646 4] California resident - Qualified to do business in California or maintains a permanent place cf business in California. F1 California nonresident (see reverse side) -Payments to nonresidents for services maybe subject to State income tax PAYEE withholding. RESIDENCY ❑ No services performed in California. STATUS ❑ Copy of Franchise Tax Board waiver of State withholding attached. hereby certify under penalty of perjury that the information provided cn this document is true and correct. Should my residency status change, I will promptly notify the State agency below. AUTHORIZED PAYEE REPRESENTATIVE'S NAME (Type or Print) TITLE Jordan Ayers, Deputy City Manager/1 ternai Services D rector SIGNATU E DATE TELEPHONE g 2012 1,20 333-6700 P return completed form t 61- Department/Office: Department ofCannmityServices and Development Unit/Section: Contract Services Unit Mailing Address: P.O. Box 1947 City/State/Zip: Sacramento, California 95817-1947 Telephone: (91 b) Fax: (21-6). E-mail Address: STATE OF CALIFORNIA-0EPARTMENTOF FINANCE PAYEE DATA RECORD M. 204 (Rev. 6-2003) (REVERSE) Reauirementto Comalete Pavee Data Record. STD. 204 A completed Payee Data Record, STD. 204, is required for payments to all non-govemmerital entities and will be kept on file at each State agency. Since each State agency with which you do business must have a separate STD. 204 on file, it is possiblefor a payee to receive this form from various State agencies. Payee&whodo not wish to complete the STD. 204 may elect to not do businesswith the State. If the payee does not complete the STD. 204 and the required payee data is not otherwise provided, payment maybe reduced for federal backup withholding and nonresident State incometax withholding. Amounts reported on Information Returns (1099) are in accordance with the Internal Revenue Code and the California Revenue and Taxation Code. Enter the payee's legal business name. Sole proprietorships must also include the owner's full name. An individual must list his/her full name. The mailing address should be the address at which the payee chooses to receive correspondence. Do not enter payment address or lock box information here. Check the box that corresponds to the payee business type. Check only one box. Corporations must check the box that identifies the type of corporation. The State of California requires that all parties entering into business transactions that may lead to payment(s) from the State providetheir Taxpayer Identification Number (TIN), The TIN is required by the California Revenue and Taxation Code Section 18646 to facilitate tax compliance enforcement activities and the preparation of Form 1099 and other information returns as required by the Internal Revenue Code Section 6109(a). The TIN for individuals and sole proprietorshipsis the Social Security Number (SSN). Only partnerships, estates, trusts, and corporationswill enter their Federal Employer Identification Number (FEIN). Are vou a California resident or nunresident? A corporationwill be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California. A partnership is considered a residentpartnership- if it has a permanent place of business in California. An estate is a resident if the decedentwas a California resident at time of death. A trust is a resident if at least one trustee is a California resident. For individuals and sole proprietors, the term "resident' includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over along or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident. layments to all nonresidents maybe subject to withholding. Nonresident payees performing services in California or receiving rent, ease, or royalty payments from property (real or personal) located in California will have 7% of their total paymentswithheld for State noometaxes. However, no withholding is required iftotal payments to the payee are $1,500 or less for the calendar year. =or information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below: Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov, Irovide the name, title, signature, and telephone number of the individual completing this form. Provide the date the form was :ompleted. Phis section must be completed by the State agency requesting the STD. 204. Irivacy Statement >ection 7(b) of the PrivacyAct of 1974 (Public Law 93-579) requiresthat any federal, State, or local governmental agency, which equests an individualto disclose their social security account number, shall inform that individualwhether that disclosure is nandatory or voluntary, bywhich statutory or other authority such number is solicited, and what uses will be made of it. . t is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not rrovided is subject to federal backup withholding and State law imposes noncompliance penalties of up to $20,000. 'ou have the rightto access records containing your personal information, such as your SSN. To exercise that right, please contact ,ie business services unit or the accounts payable unit of the State agency(les) with which you transactthat business. ►11 questions should be referred to the requesting State agency listed on the bottom front of this form. RESOLUTION NO. 2012-163 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE DIRECT PAYMENT PROGRAM AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Direct Payment Program Agreement with the State of California Department of Community Services and Development for the Low - Income Home Energy Assistance Program; and BE IT FURTHER RESOLVED that the term of this Agreement will be in effect from July 1, 2012 through September 30, 2014. Dated: October 17, 2012 hereby certify that Resolution No. 2012-163 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 17, 2012, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None .� City Clerk 2012-163