HomeMy WebLinkAboutAgenda Report - June 3, 2020 H-01AGENDA ITEM H-l
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Adopt Resolution 1) Authorizing City Manager to Amend Customer Assistance &
Relief Energy (CARE) Package Program lncreasing Benefits by $249,000; 2)
Authorizing City Manager to Amend Existing CARE Program Third-Party
Administrator Contract Limits and Existing Energy Efficiency Services Professional
Services Agreement to lnclude CARE Program Application Services in Amount
NotTo-Exceed $102,000 Collectively; and 3) Authorizing Necessary
Appropriations and Carry Fonruard into Fiscal Year 2020121
June 3, 2020
Business Development Manager
RECOMMENDED ACTION: Adopt resolution 1) authorizing the City Manager to amend
Customer Assistance & Relief Energy (CARE) package program
increasing benefits by $249,000; 2) authorizing the City Manager to
amend the CARE Program Third-Party Administrator contract limits and existing Energy Efficiency
Services professional services ageement to include CARE Program application services in an amount
not-to-exceed $102,000 collectively; and 3) authorizing the necessary appropriations and carry forurrard
into Fiscal Year 2020121.
BACKGROUND INFORMATION: Since 2004, the Customer Assistance & Relief Energy (CARE)
Package Program has been assisting low income individuals and
families pay electric bills when an unmanageable hardship occurs
impairing a customer's ability to pay the amount due through one-time payment assistance in the amount
of $1 10, available once every six months. The funding source for this assistance is the Electric Utility's
Public Benefits Fund. The Salvation Army and Community Partnership for Families serve as third party
administrators of this program under contract with the utility.
Since July 2018, 121 payments have been applied, including 70 applications approved this fiscal year,
totaling approximately $12K in financial assistance. Approximately 75 percent of the total payments were
for the maximum payment of $1 10 with the remaining 25 percent below $1 10. The third party
administrator fee per application is $45; administrative fees paid total 95,490. Using a third party
administrator eliminates the need for City Finance staff resources that would othenruise be needed to
screen and process applications.
City Council has expressed a desire to provide additional assistance, beyond the recently approved one-
time billcredit, to low-income and fixed income customers impacted by COVID-19. As such, staff
proposes various short{erm amendments.
For the period effective immediately upon City Council approval through August 31,2020:
n
t\APPROVED
Manager
Adopt Resolution 1) Authorizing City Manager to Amend Customer Assistance & Relief Energy (CARE) Package Program
lncreasing Benefits by $249,000; 2) Authorizing City Manager to Amend Existing GARE Program Third-Party Administrator
Contract Limits and Existing Energy Efficiency Services Professional Services Agreement to lnclude CARE Program Application
Services in Amount Not-To-Exceed $102,000 Collectively; and 3) Authorizing Necessary Appropriations and Carry Forward into
Fiscal Year 2020121
June 3, 2020
1. Expand eligibility for customers who currently qualify to receive the City's SHARE Program
discount (low-income) and fixed income discount who demonstrate a need and/or hardship.
Currently, approximately 2,260 customers receive the low-income and fixed income discount.2. Expand eligibility such that a customer in need is eligible for an additional $1 10 one-time bill
payment even if the customer received a one-time payment under CARE eligibility criteria within
the past 6 months.
3. Remove the requirement the customer present in person appropr¡ate documentation to qualiñ/ for
payment ass¡stance and allow customers to provide information via US Mail and/or electronically
as many at-risk customers may be unable or unwilling to travel away from their residence.4. Remove the requirement the customer must present a receipt from the Finance Department
showing the water, wastewater, and refuse (solid waste) charges paid.
5. Allow third party administrators to accept proof of hardship as it relates to COVID-19 in the form of
unemployment verification, layoff notice, furlough notice, or related documents. The City's
Business Development Manager will work with the third party administrators to determine
appropriate documentation as it relates to the specified hardship and/or change in circumstance.6. Processing of these additional applications will be first come, first served up to a maximum total of
$351,000 in total assistance, including third party administrator costs.
With the exception of those noted above, all other program requirements remain the same
The current third-party administrator contracts with the Salvation Army and Community Partnership for
Families are limited to $10,000 each for payment of the administration fee of $45 per application. Should
applications increase in number equal to the number of customers who receive the low-income and fixed
income discount, the administrative fees will total approximately $102,000. Since there is no way to
ascertain the exact amount needed for each existing contract, staff recommends the City Manager be
given the authority to increase the current not-to-exceed contract amounts to the maximum amount of
$ 1 02,000, collectively.
ln anticipation of a high number of applications by email, staff recommends an additional third-party
administrator to assist in processing CARE applications. Efficiency Services Group (ESG), the City's
current provider of energy efficiency services to residential and business customers is equipped to
provide this additional service. Consequently, staff seeks authorization from City Council to expand
ESG's scope of service to include processing CARE applications.
FISCAL IMPACT The additional assistance will be capped at $351,000. This assumes every
current eligible low-income and fixed-income customer would apply for the
additional assistance described above.
FUNDING AVAILABLE: Public Benefits Fund Account 50465300.72450 and 50465300.72921. An
appropriation in the amount of $351,000 is requested from the 504 Fund
Balance to 50465300.72450 ($102,000) and 50465300.72921 ($249,000)
It is requested that any unused funds at the end of Fiscal Year 2019120 be carried forward into FiscalYear2o2ot21' Andrew Keys
Andrew Keys
De City Manager/lnternal Services Director
City Manager
H tRESOLUTION NO. 2020.
A RESOLUTION OF ÏHE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO AMEND CUSTOMER ASSISTANCE & RELIEF ENERGY
(CARE) PACKAGE PROGRAM TNCREASTNG BENEFTTS BY $249,000;
AUTHORIZING THE CITY MANAGER TO EXECUTE THREE AMENDMENTS TO
THE PROFESSIONAL SERVICES AGREEMENTS WITH EFFICIENCY SERVICES
GROUP. LLC. THE SALVATION ARMY, AND COMMUNITY PARTNERSHIP FOR
FAMILIES OF SAN JOAQUIN, AMENDING EXISTING CARE PROGRAM THIRD-
PARTY ADMINISTRATOR CONTRACT LIMITS ANÐ EXISTING ENERry
TO
INCLUDE CARE PROGRAM APPLICATION SERVICES IN AMOUNÏ NOT TO
EXCEED $102,000 COLLECTIVELY; AND AUTHORIZING NECESSARY
APPROPRIATIONS AND CARRY FORWARD INTO FISCAL YEAR 2O2OI21
WHEREAS, the Customer Assistance & Relief Energy (CARE) Package program is
designed to provide emergency payment assistance to Lodi individuals and families who fall at
or below 60 percent of State median income thresholds and who experience hardship
preventing payment of their electric bill; and
WHEREAS, since 2004, the CARE program eligibility requirements stipulated the
customer must not have received assistance through the CARE program more than once in the
previous six months, must present in person appropriate documentation to qualify for payment
assistance, and present a receipt of the Finance Department demonstrating water, wastewater,
and refuse (solid waste) charges have been paid; and
WHEREAS, effective immediately upon City Council approval through August 31, 2020,
the City of Lodi seeks to expand eligibility for CARE assistance to Electric Utility customers who
currently qualify to receive the City's SHARE Program discount (low-income) and fixed income
discount who demonstrate a need and/or hardship; and
WHEREAS, for the period stated above, Lodi seeks to facilitate greater participation in
the CARE Package Program by allowing the customer to be eligible for an additional $110 one-
time bill payment even if the customer had previously received a one-time payment under
CARE within the past six months; and
WHEREAS, for the period stated above, the City will remove the requirement of
applying for assistance in person allowing for email, regular mail, and a drop box provided by
the third-party administrator to be the method of application; and
WHEREAS, for the period stated above, the City will remove the requirement of a
receipt from the Finance Department demonstrating water, wastewater, and refuse (solid
waste) charges have been paid; and
WHEREAS, processing of the additional CARE applications will be first come, first
served up to a maximum total of $351,000 in total assistance, including third party administrator
costs; and
WHEREAS, all other program requirements remain the same; and
WHEREAS, the current third-party administrator contracts with the Salvation Army and
Community Partnership for Families are limited to $10,000 each for payment of the
administration fees per application; and
WHEREAS, staff recommends authorizing an additional third-party administrator to
assist in the application process under the amended CARE assistance program in anticipation
of a significant number of applications; and
WHEREAS, the additional third-party administrator is Efficiency Services Group, the
City's existing energy efficiency consultant and efficiency services provider; and
WHEREAS, should the applications increase in number equal to the number of
customers who currently receive the City's low-income and fixed income discount,
administrative fees could collectively reach $102,000; and
WHEREAS, for the three-month period stated above, staff recommends the City
Manager be authorized to increase CARE Program third-party administrator contracts in an
amount not to exceed $102,000, collectively; and
WHEREAS, staff recommends the City Council appropriate funds in the amount of
$351,000 from the Public Benefits Fund Balance (Fund 504) to account 50465300.72450 in the
amount of $102,000 and to account 50465300.72921 in the amount of $249,000 and that any
unused funds at the end of Fiscal Year 2019120 be carried fonruard into Fiscal Year 2020121.
NOW, THEREFORE, BE lT RESOLVED, the Lodi City Council does hereby authorize
the City Manager to temporarily amend the Customer Assistance & Relief Energy (CARE)
Package Program increasing benefits by $249,000 as set forth above; and
BE lT FURTHER RESOLVED that the Lodi City Council herebv authorizes the City
Manager to execute three Amendments to the Professional Services Aqreements with
Efficiencv Services Group, LLC to. The Salvation Armv, and Communitv Partnership for
Families of San Joaquin, to expand the scope of the existing contracts @
€+eupto include third-party processing of CARE applications; and
BE lT FURTHER RESOLVED that the Lodi City Council authorizes the City Manager to
increase CARE Program third-party administrator contracts in an amount not to exceed
$1 02,000, collectively; and
BE lT FURTHER RESOLVED that the Lodi City Council does hereby authorize an
appropriation in the amount of $351,000 for increased costs associated with temporarily
amending the CARE Program as set forth above and a carry fonrvard of any unused funds into
Fiscal Year 2020121.
Dated: June 3,2020
I hereby certify that Resolution No. 2020-- was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 3,2Q20 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
PAMELA M. FARRIS
Assistant City Clerk
2020-
AMENDMENT NO. 1
EFFICIENCY SERVICES GROUP
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this _ day of 2Q20, by and between the CITY OF LODI, a municipal
corporation (hereinafter "CITY'), and EFFICIENCY SERVICES GROUP, LLC, a Oregon limited liability
company (hereinafter "CONTRACTOR').
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on June
13,2019, (the "Agreement"), attached hereto as Exhibit 1 and made a part hereof; and
2. WHEREAS, Contractorwas retained by the City to provide 1) energy efficiency program design,
2) residential, commercial and industrial program administration and field services, 3) residential
direct install and snapshot audit program, and 4) marketing support; and
3. WHEREAS, CONTRACTOR and CITY now desire to amend the Agreement to add to the
Contractor's scope of services to serve as a third-party administrator of the Customer Assistance
& Relief Energy (CARE) Package program effective immediately upon City Council approval
through August 31,2020', and
4. WHEREAS, CITY requires these additional services to assist in the application process under the
amended CARE assistance program in anticipation of a significant number of applications; and
5. WHEREAS, CONTRACTOR has developed an electronic application process and agrees to
provide application processing services in accordance with the program requirements which have
been provided to the CONTRACTOR for a fee of $45 per application; and
6. WHEREAS, the CITY desires to amend the contract amount with CONTRACTOR by $45 per
application which may extend beyond the August 31, 2020 temporary program termination date to
allow CONTRACTOR sufficient time for reporting and invoicing to the CITY; and
7. WHEREAS, by approval of Resolution No. 2020-xxx, Lodi City Council has authorized the City
Manager to increase CARE Program third-party administrator contract limits by an indefinite
amount each, however, collectively, not-to-exceed $102,000 for applications processed effective
immediately upon approval of Resolution No. 2020-xxx by City Council until August 31,2020.
NOW, THEREFORE, the parties agree to amend the Agreement's scope of services to provide
temporary application processing services related to the extension of the CARE Program at a
compensation rate of $45 per application, and increase the contract limit by an indefinite amount for each
third-party administrator, however, collectively, not-to-exceed $102,000 for applications processed
effective immediately upon approval of Resolution No. 2020-xxx by City Council until August 31,2020.
lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipalcorporation EFFICIENCY SERVICES GROUP, LLC. an
Oregon limited liability company
STEPHEN SCHWABAUER
City Manager
Attest:
MARK GOSVENER
Chief Operating Officer
Approved as to Form:
PAMELA M. FARRIS
City Clerk
JANICE D. MAGDICH
City Attorney
Section l.l Parties
THIS AGREEMENT is entered into on
EXHIBIT L
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE I
PARTIES AND PURPOSE
5ir-,r-, \3 .2019 , by and
between the CITY OF LODI, a municipal corporation (hereinafter "C|TY"), and Effïciency
Services Group, LLG a Oregon limited liability company (hereinafter "CONTRACTOR').
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhlbit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for l) energy
efficiency program design, 2) residential, commercial and industrial program
administration and field seruices, 3) residential direct install and snapshot audit program,
and 4) marketing support (hereinafter "Project") as set forth in the Scope of Services
attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide
such services to CITY.
ARTIGLE 2
SCOPE OF SERVICES
Section 2.1 Seope of $ervices
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Gompletion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from GITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
a
I
counÈd against CONTRACTOR's contract performance period, Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all effoñs to review and return all
comments.
Section 2.3 Meetlnos
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffinq
CONTRACTOR acknowledges that C¡TY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless GITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
GITY under this Agreement.
Section2.S Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any suþcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on July 1,20'19 and terminates upon the
completion of the Scope of Services or on June 30,2021, whichever occurs first.
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Section 2.7 Option to Extend Term of Aqreement
At its option, City may extend the terms of this Agreement for an additional one
(1) one (1)-year extension; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. ln the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in fullforce and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed three (3) years.
ARTICLE 3
COMPENSATION
Section3.l Gompeneatlon
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additionalwork is approved in advance and in writing by CITY.
Section 3.2 Method of Pavment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for allwork under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Audltinq
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for seruices under this Agreement, Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
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CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement,
ARTICLE 4
M|SGELLANEOUS PROV¡SIONS
Section4.l Nondiscrimination
ln performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Oompllance
ln performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 lndomnlflcatlon and Responsibilltv for Damaqe
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTMCTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the Gity of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. lf CITY chooses at
4
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Llaþilitv
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Resoonslbllltv of GITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 lnsurance Reouirements for GONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverege as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Aeslons
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY,
Section 4.8 llotices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
5
To CITY:City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Astrida Trupovnieks, Business Development Manager
To CONTRACTOR Efficiency Services Group, LLC
5606 NE Elam Young Parkway
Hillsboro, OR 97124
Attn: Mark Gosvener, Chief Operating Officer
Section 4.9 Cooperatlon of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Sectlon 4.10
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.ll Termination
CITY mey terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed, Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall essume no liability for
costs, expenses or lost profits resulting from seruices not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Gonfidentialitv
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
6
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Appllqable Law. Jurisdlction. Severabilitv. and Attornev's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. lf any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. ln the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin Gounty
Superior Court.
Section 4.l4
CONTRACTOR acknowledges that Lodi Municipal Code Section 3,01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to pedorming any work
hereunder.
Section 4.15 Captlons
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.f 6 lnteE¡atlEn and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein, No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Sectlon 4.17 Gontract Terms Prevall
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
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Sectlon 4.18 Severabllltv
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownershlp of'Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTMCTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authoritv
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Fqndlno Gonditions
n lf the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. ln the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
I
lN WTNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above wrltten.
CITY OF LODI, a municipalcorporation
ATTEST:
J M.oLo STEPHEN
City Clerk City Manager
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
EFFICIENCY SERVICES GROUP, LLC
a Oregon limited liabllity company
By:
Mark Gosvener
Title: Chief Operating Officer
Attachments:
Exhlblt A - Scope of Servlces
ExhibltB-FeeProposal
Exhlblt C - lnsurance Requlrements
Exhlblt D - Federal Translt Fundlng Gonditions (lf appllcable)
Fundlng Source:504q10ou3e20
(Busineòs Unit & Account No.)
Doc lD:
CA¡Rev.01.2015
9
EFFICIENCY SERVICES
Group
EXHIBIT A
SCOPE OF WORK
This Scope of Work (SOW) includes the following programs:
¡ New Energy Program Design
r Residentlal, Commercial and lndustr¡al Program Administratlon and Field Serviceso Residential Direct Install and Snapshot Audit Programe Marketing Support
Term
The term for this SOW is July 1, 2019 through June 30,2021, with a one-year option for renewal.
Annual Budget
The budget for programs and services under this SOW for the two-year term is not to exceed 5458,600. LEU may
allocate the budget across any or all programs and seruices listed in this SOW. This provides LEU with the flexibilíty
to prioritize programs and services across customer market sectors as information is gained and as conditions may
change, ensure that programs and services are available to all customers, including hard-to-reach customers, and
achieve AB202t State energy efficiency goals.
Energy Programs Administrat¡on
Efficiency Services group has operated as LEU's Energy Efficiency (EE) Public Benefit Fund Program administrator
since 2014, During that time, the program has delivered $2.8 million in rebates to 1,108 residential customers and
134 businesses in Lodi. The program has provided over 14 million kilowatt hours of energy savings. That is enough
to power over two thousand homes in California for a year. ln addition to contínuing to provide EE program
administration, ESG will develop, implement and administer an Electric Vehicle Program that w¡ll be funded in
part by the State's Low Carbon Fuel Standards (LCFS) program and greenhouse gas funding.
lnitial EV Program Design and Setup {New and One-Time Only}
ESG will perform the following one-time services:
¡ Review potential program offerings with LEU to determine goals and objectives of the EV program
o Determine which measures will qualify for the proBram; i.e. EVs, residential and work place chargers,
dedicated EV meters, etc.
o Establish program specifications and requirements
¡ Add program measures and details to ESG's database
o Create rebate application forms
o Meet with LEU and the City building department staff to establish efficient program protocols
o Reach out to local car dealerships and local contractors to inform them about the program íncentives and
rebate application processes
o Develop/identifu program marketing materials to include program brochure, links to industry resources
and content for socíal media and utility website
I
offlce Support (Ongoingl
r Maintain program hotline to address customer/contractor inquiries regarding Lodi's EE and E V programs;
the hotline will be staffed 8:00 am - 5:00 pm, Monday through Friday (except for major holidays)
. Manage residential, commercial and industrial EE and EV rebate programs, including review of all
customer/contractor rebate applications and project documentation to ensure compliance with LEU
program specifications and requirements
r Enter all customer rebates and project details into database
o Provide Lodi with monthly activity reports which include:
- Program Summary and Number of Customers (current month, YTD, Program to Date)
- Measure Summary (current month)
- Customer/Measure Detail (current month)
- Customer Rebates (current month)
o ,Maintain all customer/contractor applications and required project documentation for EM&V and other
compliance requirements in accordance with City policy. Data will be kept electronically.
Fleld Support (Ongolngl
¡ Provide all aspects of field support (audits/inspections) required to ensure LEUs energy programs are in
compliance with requirementso Provide basic technical guidance and assistance to customers and contractors partÍcipating in LEU's
programs
o Maintain all field records and required project documentation in accordance with City policy. Data will be
kept electronically.o Conduct on-site energy evaluation assistance (if needed) for LEU's larger customers to help determine
potential energy efficiency projects and eligibility for participat¡on ¡n LEU's rebate programs
r Perform residential customer site visits within Lodi service territory as requested to address the specific
needs of customers regarding the management of the¡r energy use. This may include customer inquiries
regarding unusually high energy use and evaluations for potential participat¡on in Lodi's energy programs.
Requests for field visits will be scheduled in a way that provides timely response to customer/contractor requests,
while maximizing the use of the Field Specialist's time. A Field Specialist will be available each month. Field
support will be performed by knowledgeable, experienced Field Specialists. The City reserves the right to modify
this practice based upon customer response and ease of administration. Any modifícation will be communicated
in writing from the City to ESG.
Reportlng
ESG will complete and submit annual EE reports in compliance with 581037 requirements on behalf of LEU. ESG
will complete quarterly reports for the California Air Resources Board (CARB) Low Carbon Fuel Standard (LCFS)
program. ESG can assist with other reportíng as requested.
Third-Pa rty Contractor Oversight
lf LEU contracts with another entíty to provide energy efficiency services ¡n the City, ESG will provide oversight of
the contractors, including:¡ Review of contractor's deliverables/responsibilities¡ Review of contractor's project documentation/reports submitted to LEU to ensure that work is complete,
accurate and compliant with program requirements¡ Coordinate with contractors and LEU's PB manager to resolve any quest¡ons or issues that arise
Coordination with LEU
ESG's Program Manager will meet monthly with LEU's PB Manager to report on program activity and address any
questions or issues, as well as discuss future program developments.
2
Budget and Goal Tracking
ESG will track and report PB expenditures to LEU in order to assure that sector budgets are not exceeded, as well
as track and report energy savings acquired and progress towards LEU's AB2021goals.
NCPA Representation
ESG has been reglrlarly attending NCPA Demand Management Work Group meetings on behalf of our NCPA client
utilities for over ten years. ESG staff, NCPA staff and other NCPA members are well known to each other. ESG will
represent Lodi at the monthly NCPA Work Group meetings, as well as respond to inquiries from NCPA regarding
Lodi's EE and Renewable programs.
Data Management
ESG mainta¡ns a database that is used to process rebates as well as report EE and Renewable program activity for
all our client utílities. LEU can opt to use ESG's database at no additional charge. ESG's database functions very
well in capturing, managing and reporting program activity in order to respond to CEC and utility
budgeting/reporting needs.
Legislative Requirements
ESG stays current on existing and proposed legislation regarding PB fundlng, energy efficiency, and renewable
proBrams in order to assure that LEU remains in compliance with requirements. ESG also stays current on the
CEC's reporting requirements, as well as any changes to reporting tools. ESG will provide LEU with all data and
draft narratives required to meet legislative/CEC reporting requirements for EE and Electrification programs.
Energy Engineerlng Servlces
lf ESG or the City deem it necessary to use technical specialists (engineering staff) for large commercial or
industrial customers, fees for these services will be in addítion to the standard fees listed above. ESG will obtain
the City's written approval prior to work beginning and the associated fees will be billed separately from the
standard fees on ESG's monthly invoice,
ESG Office Locatlons
ESG is headquartered in Hillsboro, Oregon, and maintains a California satellite office in 5an Francisco. ESG staff
maintain a presence in LEU's service area that allows them to address customer needs in a timely manner.
lmplementatlon Timeline
ESG can continue delivery of these program services immediately upon execution of an Agreement with LEU.
Pricing
Electric Vehicle lnitial Program Design and Setup (One-Time Only) - ESG will bill a one-time program start-up
fee of 55,000 for the services listed under this section of th¡s SOW.
Monthly fee for Energy Program Administration is 57,525. This includes up to three days per month in Lodi by an
ESG Field Specialist providing auditing, inspecting and high bill inquiry support services. Travel expenses are
separate, and described below. lf the City requests ESG's presence in the City's service territory, or if ESG's
Field Specialist is required for more than three days per month, ESG will bill 5800 per addit¡onal day spent in
the field. Travelfield expenses for NCPA Work Group attendance and field services in Lodi will be invoiced in
addition to the Program Administration fee, will not be marked up, and will not exceed SZSO per month, The
estimated annual budget allocation for program administration and field servíces is 590,300 for year one and
$gO,gOO for year two. The estimated one-time budget allocation for new program design is $5,000.
J
Residential Snapshot Auditing and Direct lnstall
ESG has provided the Residential Snapshot Audit and Direct lnstall for LEU since 2015. To date, the program has
served 956 LEU customers. This program is proactive and cost-effectively serves many customers in a short period
of time. lt also is a great resource for renters and customers with fixed or limited income who are unable to
participate in the standard rebate program due to financial restraints or the inability to make permanent changes
to a rental property. ESG wíll work with Lodi to determine how this program can best meet the needs of Lodi by
providing instant energy and water savings and a positive experience for residential customers.
ESG will provide the following services:
o Coordinate with Lodi to sign customers up for the program
o Direct installation of selected measures in eligible home
o Field collection of customer and site data
¡ Email snapshot audit report to Lodi
¡ Deliver marketing, educational, and customer relations collateralto explain benefits and applications of
installed measures, promote other utility programs, and strengthen relationships with customers;
development of new collateral materials to be at additional cost, with prior approval by Lodi
. Supply all product, materials and labor associated with the installation of measures
o Warranty fulfillment for all products installed for a period of two years
. Report customer, site and measure installation to Lodi in a flexible format (CSV), including summary
reports of snapshot audit findings
r Complete program administration, including customer hotline, invoicing, reporting, inventory
management and compliance
Lodi will be asked to provide the following:
o Coordinate with ESG to sÍgn customers up for the program
¡ Review and approval of marketing and customer relation materialso Provide a utility-endorsed letter on Lodi letterhead explaining the program that ESG's Energy Efficiency
Advisors (EEAs) can present to customers when visiting their homes
o Provide vehicle magnets with Lodi logo so EEAs are clearly identified with the Lodi Dl and Snapshot Audit
Program
¡ Provide identification badges issued by the City of Lodi
¡ Provide shirts for Field Technician with LEU logo
Customer Eligibillty
The program wíll be open to all Lodi residential customers. Lodi Customer Service Representatives can refer
customers to the program. Customers may also emaíl or call to sign up for the program, or ESG may approach
customers directly. ESG will coordinate with Lodi to finalize a strategy to approach customers and generate sign-
ups for the program.
Electronic Data Collection
EEAs utilize a tablet application to electronically capture all snapshot audit and direct install data in the field. The
application is a data management system that is linked to a web-based database. The system creates a PDF report
of each customer served and emails a copy of the report to Lodi and ESG. All data is uploaded to an online
database which allows ESG to prepare activity reports, provide Lodi with aggregate and detailed snapshot audit
data, invoicing, and inventory management.
4
Direct lnstall Measures (DlMs|
ESG will work with Lodi to finalize the DlMs and quantities to be offered to residential customers through this
program. ESG recommends íncluding the following DlMs:
o Screw-ln LEDs
¡ High Performance Showerheads
. Faucet Aerators (1 gpm Bath and 1.5 gpm Kitchen Swivel)
o Thermostatic Shower Valves
¡ Advanced lnfrared Smart Power Strips
¡ Personal Computer Power Strip
ESG will make product recommendations to Lodi based on field installation experience and customer satisfaction
feedback. ln addition to the DlMs, EEAs take the opportunity while in the customer home to promote Lodi Electric
Utility's energy efficienry rebate programs as well as other related programs that could benefit the customer.
Residential Snapshot Audits
While in the customer home installing DlMs, ESG will acquire the following customer demographic and
site/equipment data:
o Customer name and contact information
o Water heater fueltype and size
r Own/rent
o Year bullt
o Approximate square footage
o Foundation type
r House type
¡ Primary space heat fuel type
¡ Primary HVAC system type
r Secondary space heat fuel type
¡ Secondary HVAC system type
. central A/C (Yes/No)
o Central A/C tons
. A/C last serviced
o Window type
. Attic ¡nsulat¡on
o Wallinsulation
o FloorÆrawlinsulation
o Duct type
o Duct insulation
. Appliance inventory
o Clothes dryer fuel
o Clothes washer type
o Dishwasher age
o Evaporative Cooler
o Refrigerator quantity and age
o Freezer quantlty and age
o Range/Oven type
o Television quantity and type (HD/analogl
o Window A/C units
o Wellpumps
5
o Poolpumps
o Spa
o Computers. Customer Comfort (satisfied, not satisfied)o EEA/customercomments
Field Manual
ESG will coordinate with Lodi to develop a field manualthat establishes acceptable DIM installation standards, as
well as snapshot audit data collection protocols.
Reportable Energy Savings
Energy savings for the DlMs will be provided in ESG's monthly EE reports.
Pricing
The fees for the Dl Program are on a per-measure-installed basis. Prices include all labor, materials and expenses
associated with installation of the products and delivery of services. Fees for d¡rect installed measures and
snapshot audits are shown in the following table. Additional measures can be added to the program with prior
approval. The estimated annual allocation for Dl is 5125,000 for year one and S120,000 for year two.
Marketing Support
ESG will provide program marketing materials such as flyers, bill inserts, program catalogs, social media content,
newsletters and other materials as requested to support and promote LEU's new Electric Vehicle program and
LEU's energy efficiency programs. Pricing will be provided on a pr{ect-by-project basis upon request. The
estimated two-year budget for marketing support is S10,000.
6
Home Snapshot Audit Audit $40.00
Screw-ln LEDs Lamp Srg.oo
Standard Showerhead Showerhead S20.00
Handheld Showerhead Showerhead SEO.Oo
Thermostatic Shower Valve Valve S4o.oo
Faucet Aerator Aerator S S.OO
Advanced Smart Power Strips Power Strip 590.00
Personal Computer Power Strip Power Strip 590.00
Fee per
Cost Unit
Measure Cost Unit
Other Pricing Considerations
Taxes and Other Charges
Any use tax, sales ta& excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any
nature whatsoever imposed by any governmental authority, on or measured by the transaction between ESG and
the City shall be invoiced by ESG in addition to the pr¡ce quoted in this SOW. ln the event ESG is required to pay
any such tax, fee or charge, the City shall reimburse ESG therefore or, in lieu of such payment, the City shall
provide ESG at the time the Contract is subm¡tted an exemption certificate or other document acceptable to the
authority imposing the tax, fee or charge.
ESG reserves the right to modifli rates due to the impositlon of any new taxes imposed by state, county or local
entities.
7
Exhibit B
Compensation
Total compensation for the two-year term will not exceed 5458,600. The estimated breakdown
per the scope of work is shown below.
A. Resldentlal, Commercialand lndustrial Program Administration and Fleld Services:
r lntake and maintenance of program customer service inquiries
r lntake and maintenance of residential, commercial and industrial EE and EV (new)
rebate program
o Database management
o Provision of monthly activity reports
o Maintain program/project information for Energy Efficiency Measurement and
Validation (EMV)
¡ Provide all components of residentialand commercialvisits, technical guidance, and
field support (audits/inspections)
o Compliance reporting (SB 1037, California Air Resources Board (CARB) and Low Carbon
Fuel Standard (LCFS)
¡ Third-partycontractoroversight
o Budget and goal tracking
o Legislative and regulatory updates and reporting
o NCPA representation
Estimated compensation for the two-year contract term is $fgO,GOO.
E{þenses
Travel expenses associated with delivering the services shown in Exhibit B, Section A are
not included in the not-to-exceed budget of $180,600. Travel expenses are invoiced in
addition to the budget shown in Exhibit B, Section A, and will not exceed $ZS0 per
month or 518,000 for the term of the contract. Travel expenses will not be marked up.
B. Electric Vehlcle (EV) Program Design (one time):
o ldentify, analyze, and recommend Lodi Electr¡c EV alternatives for implementation
o Establish specifications, administrative requirements, implementation requirements
¡ Create application forms
¡ Develop EV program marketing materials
¡ Perform information outreach to local car dealerships and others
Compensation for this one-tlme service is $5,000.
C. Resldentlal Snapshot and Direct lnstall (Dl) Measures
o Direct installation of energy efficiency measures into homes
o Perform energy efficiency audit in homes
o Distribute informational materials and promote EU programs
o Warranty fulfillment of measures
o Database management of measures, customers, and energy savings
o Complete program administration
o Coordinate activities with LEU staff; provide customer service
o Pricing of Dl measures is given in the statement of work
Estimated compensation for the two-year contract term is 5245,000.
D. Marketing Support
o ldentify, design and recommend energy efficiency program flyers, program catalogs,
social media content, fact sheets for informational and promotional purposes for
ongoing and the new EV program
Estlmated compensation for the two-yeer contract term is s10,000.
EXHIBIT C
NOTE: The CIty of Lodt is now uslng the onllna lnsurance program PINS Advantage. Once you have þeen awarded a
contract you wlll recelve an email from the Clty's online lnsurance program requesting you to lorward the emall to your
lnsurance provlde(s) to submlt the requlred Insurance documentatlon electronlcally
lngurance Requlrsments for Mott ConhactÉ
{Not conatrucûon or rsoulrlno orofsaslonal llabllltvl
Contractor shall procure and maintain for the duration of the oontract insurance against claíms for injuries to persons or damages
to property which may arise from or in connection wlth the performance of the work hereunder and the results of that work þy the
Contractor, his agents, representatlves, employees or subcontractors.
MINIMUM SCOPE AND L¡MIT OF INSURANCE
Coverage shall be at least as broad ae:
1, Commerclal General Llablll$ (CGL): lnsurance Servlces Office Form CG 00 01 covering CGL on an "occurrence" basls, including
products and completed operations, property damage, bodily inJury and personal & advertlsing inJury with limits no less than
$2,000,000 per occurrence. lf a general aggregate limit applies, either the general aggregate limit shall epply separetely to thls
projecUlocation (lSO CG 25 03 or 25 04) or the general aggregate limit shall be twlce the requlred occunence limlt.
2. Automoblle Llabllity: ISO Form Number CA 00 01 covering any auto or if Contrector hes no owned autos, then hired, and non-
owned autos with limit no less than $1,000,000 per accldent for bodlly injury and property damage.
3. Workers' Compensatlon: as required by the Stete of California, with Statutory Limits, and Employe/s Liability lnsurance wlth limit
of no lesg than $l,000,000 per accident for bodily inJury or dieease.
Other lnsurance Provlsions:
(a) Addllional Nãmpd lnsured Statgq
The Cíty of Lodi, its elected and appointed boards, commlssions, oflicers, agents, employees, and volunteers are to be covered
as additional insurede on the CGL end auto policy wlth respect to liability arising out of work or operatlons performed by or on
behalf of the Contraotor includlng materials, parls, or equipment furnished in connection wlth such work or operations. General
liabillty coverage can be provided in the form of an endorsement to the Contractor's insurance (at least ae broad as ISO Form
CG 20 10 11 85 or if not available, through the addltion of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; gC CG 20 37 if a
later edition ls used
(b) Prlmarv, and Non.Contributorv tneurance, Endonement
The limits of insurance coverâge required may be satisfied by a combination of primary and umbrella or exceEs insurance, For
any claime related to this contract, lhe Contractot'e insurance coverage shall be prlmary coverage at leæt as broad as ISO CG
2001 04 13 as ræpecß the Entity, its officers, officials, employees, and volunteers, Any insurance or self-lnsurance malnta¡ned
by the Entlty, its ofücers, officials, employees, or volunteers shall be excess of the Contractor's ingurance and ehall not contr¡bute
wlth lt.
(c) Walver of Subroqation Contractor hereby grants to City of Lodi a waiver of any right lo subrogation which any insurer of said
Contraotor may aoquire against the City of Lodi by virtue of the payment of any loss under such lnsuranco. Contractor agrees to
obtain any endorsement that may be necessary to afbct this walver of subrogation, but this provlsion applies regardlesg of whether
or not the City of Lodi has received a walver of subrogation endorsement from the insurer
NOTE: (1) The street address of the QlMElflgLmust be shown along with (a) and (b) and (c) above: 221West Pine Slreet,
Lodi, California, 95240; (2) The insurance certificate must etate, on its face or aE an endoreement, a descrlption of lhe proigct
that it is insuring.
(d) Ssverabllltv of lnterest Clause
The term "lnsured" is used severally and not collectively, but the lnclusion herein of more than one ìnsured shall not operate to
lncrease the limlt of the company's liability under lhe Contractors commercial general liability and automoblle liabillty policies,
(e) rNotioer,of Cânoellatioh or Ghanqe ln Covêrago Ehdorgement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior wrltten notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240,
Pagellof2pages Risk; rev, 31112018
(f)
(s)
Cont¡nultv of Govoraoe
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thlrty (30) days prlor to the expiratlon
of each insuranco policy, Gontractor shall fumish a cerlificate(s) showlng that a new or exlended policy has been obtained whlch
meets lhe minimum requirements of this Agreoment. Contrastor shall provide proof of conlinuing insurance on at least an annual
basis during the Term. lf Contractor's insurance lapses or is disconlinued for any reason, Contractor shall immediately notify the
City and immediately obtaín replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to lhe
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the clalms period or
statutes of limitations found in the Calibmia Tort Claims Act (California Government Code Section 810 et seq.),
Failuro to Complv
lf Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse tha City for premiums paid, with interest on the premium paid by the City al the maximum
allowable legal rate then in effect in California. The Gity shall notify Contractor of such payment of premiums wlthin thlrty (30) days
of payment stating the amount paid, the neme(s) of the insurer(s), and rate of interest, Conlrâctor shall pay such reimbursement
ånd interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of thia Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contrector shall immedlately cease use of the
Site or facilitieE and commence and diligently pursue the removal of any and all of its personal property from the slte or facilities,
Voriffcâtlon of Coveråoê
Consultant shall furnish the City with a copy of the policy deolaration and endorsement page(s), original certificates and
amendatory endorsêments or copies of the appllcable policy language effecting coveregê required by this clause. All certificetes
and endorsements are to be recelved and approved by the City before work commences, However, failure to obtaln the required
doouments prior to the work beglnning shall not waive the Consultant's obligation to provide lhem. The City reserves the right to
require complete, oertilied copies of all required lneurance policies, including endorsementg reguired by these speclfioatlons, at
any time. Fallurc to exerciee thls rlght shall not constltute a walver of the Clty's right to exercise after the effective
date.
(h)
(l) Self-lnsured Retentions
Self-insured retentions must be declared to and approved by the City. The Gity may require the Consultant to provlde proof of abilily
to pay losses and related investlgalions, clalm administretion, and defense expEnses within the retention. The pollcy language ehall
provide, or be endorsed to provlde, that the selflnsured retention may be satlsfied by either the named insured or Clty,
ü) lnsurance Limits
The limlts of lnsurance descrlbed herein shall not limit the liabllity of the Contractor and Contractor's officers, employees, agents,
representetives or subcontractors. Contracto/s obligation to defend, indemnify and hold the City and its offloers, officials,
employees, agents and volunteere harmless under the provisions of thls paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and malntain a policy of insurance.
(k) Srlboontraotors
ConsuJtant shall require and verify that all suboontraotors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(l) Qg¡rllfied lnsursr{sì
All insurence required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, Vl" by the AM Best Ratings Guide, and whlch are acceptable to the City. Non-admitted
surplus lines carriers may be accepled provided they are inoluded on the most recent llst of California eligible surplus lines
insurers (LESLI list) and otherwlse meet Clty requirements,
p"g"zlotãpásèr I Rlsk: rev.3l1l2O18
AMENDMENT NO. 1
THE SALVATION ARMY
AGREEMENT FOR PROFESSIONAL SERVICES
WITNESSETH:
WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on
August 20,2019, (the "Agreement"), attached hereto as Exhibit 1 and made a part hereof;
and
WHEREAS, Contractor was retained by the City to provide application administration
services for the Lodi Electric Utility's Customer Assistance & Relief (CARE) package
program; and
3. WHEREAS, CONTRACTOR and CITY now desire to amend the Agreement to increase the
contract limit aþove the current contract amount of $10,000 in anticipation of an increased
number of applications to the program during a temporary program expansion of the CARE
Program; and
4. WHEREAS, the temporary CARE program expansion will commence effective upon the date
of City Council approval through August 31,2020; and
5. WHEREAS, the CITY desires to amend the contract amount which may extend beyond the
August 31, 2020 temporary program termination date to allow CONTRACTOR sufficient time
for reporting and invoicing to the CITY; and
6. WHEREAS, by approval of Resolution No. 2020-xxx, Lodi City Council has authorized the
City Manager to increase CARE Program third-party administrator contract limits by an
indefinite amount each, however, collectively, not-to-exceed $t02,000 for applicaiions
processed effective immediately upon approval of Resolution No. 2020-xxx by City Council
until August31,2020.
NOW, THEREFORE, the parties agree to amend the Agreement to increase the contract
limit by an indefinite amount for each third-party administrator, however, collectively, not-to-exceed
$102,000 for applications processed effective immediately upon approval of Resoiution No. 2020-
xxx by City Council until August 31,2020.
lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1
on the date and year first above written.
CITY OF LODI, a municipal corporation THE SALVATION ARMY, a California
Domestic Non-Profit
THIS AMENDMENT NO. 1 TO PROFESSI
entered this _ day of
municipal corporation (hereinafter "CITY'), and THE
Profit, (hereinafter "CONTRACTOR').
STEPHEN SCHWABAUER
City Manager
Attest:
PAMELA M. FARRIS
City Clerk
ONAL SERVICES AGREEMENT, is made and
2Q2Q, by and between the CITY OF LOD|, a
SALVATION ARMY, a California Domestic Non-
IVAN WILD
Major Divisional Commander
Approved as to Form:
1
2.
ä)!îã,?"yo"o'"k
EXHIBIT L
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE I
PARTIES AND PURPOSE
Section l.{ Parties
THIS AGREEMENT is entered into on&r3æ, 2019, by and between the CITY
OF LODI, a municipal corporation (hereinafter "CITY'), and The Salvation Army, a
California Domestic Non-Profit (hereinafter'CONTRACTOR').
Section 1.2 Purpose
CITY selected thg CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for administration
of the Lodi Electric Utility CARE Emergency Energy Assistance Program (hereinafter
"Ptoject") as set forth in the Scope of Services attached here as Exhibit A,
CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 _Scooe of Se¡vices
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and,Colnpletlon of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all seruices diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services,
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
t
weather, vendalism, acts of God, etc., shall not be counted, CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetlnss
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffinq
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all seruices
specified therein, CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section2.S Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on July 1,2019 and terminates upon the
completion of the Scope of Services or on June 30,2021, whichever occurs first.
2
ARTICLE 3
COMPENSATION
Section3.l Gomoeneation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additíonalwork is approved in advance and in writing by CITY.
Section 3.2 Method of'Pavment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing,, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work ís attríbutable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable cosls
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Audltlns
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit,
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal busiriess hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
3
ARTICLE 4
MISCELLAN EOUS PROVISIONS
Section4.l Nondiscrimination
ln performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compllance
ln performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA,
Section 4.3 lndemnlflcatlon and Responslbllltv fôr Damaoe
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification, lf CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay ali of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liabllitv
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
4
Section 4.5 Resnonslbllitv of GITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 lnsurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assiqns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY, Gonsent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or ovemight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certífied mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O, Box 3006
Lodi, CA 95241-1910
Attn: Astrida Trupovnieks, Business Development Manager
To CONTRACTOR: The Salvation Army
525 W. Lockeford Street
Lodi, GA 95240
Attn: Major Mark Thielenhaus
Section 4.9 Cooperatlon of ClW
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 GONTRACTOR is Not an Emplovee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
5
the services and work to be performed hereunder. GITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY mey terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.1 2 @!!S!en!!gl!13y,
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by. law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicabls Law. Jurisdlction. Severabllltv. and Attornevrs Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. lf any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. ln the
event any dispute between the parties arises under or regarding this Agieement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Coutt.
6
Section 4.14 Cltv Business Llcênse Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Sectlon 4.15 Gaptions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 lnteqratlon and Modlflcation
This Agreement represents the entire understanding of C¡TY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Gontract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attaehed exhibits, the terms of this Agreement shall prevail.
Section 4.18 9everabllllv
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provisíon of this Agreement.
Section 4.lg Ownershlp of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days,
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from ClïY's use of such documents for any purpose other than the
purpose for which they were intended.
7
Section 4.20 Authoritv
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Fundins Condltions
n lf the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. ln the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
lN WITNESS WHEREOF, CITY and CONTnÁCfOn have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
S
Clerk City Manager
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
-6
Name:
Title:
Attachments:
Exhibit A - Scope of Servlces
ExhlbltB-FeeProposal
Exhibit G - lnsurance Requlrements
Exhlblt D - Federal Transit Funding Conditlons (if applicable)
Funding Source: 50465300.72450 AdministFtlon
(Business Unit & Account No,)
Doc lD:
CA:Rev.01,2015
The Salvation Army, a California Domestic
Non-Profit
Divisional Commander
By:
I
EXHIBIT A Scope of Servlces
City of lodi Electrlc Utility CARE Emergency Energy Assistance Program
The Salvation Army will administer the CARE Emergency Energy Assistance Program which includes the
followlng activities:
1. Provide all customer application intake including revlewlng electric utility customer eligibillty
requirements, and approval of a customer's application in this emergency energy assistance
program
2. Maintain either a hard copy file or an electronic file with back-up of each electr¡c utll¡ty
customer who has applied for assistance for three years. This includes applications that have
been approved and unapproved. The file must contain copies of the documentation requlred
3. Provide a year-end electronic spreadsheet of customers who have applied for assistance with
name of account holder, eccount number, service address, approved/unapproved, and amount
of assistance by July 30th
4, Take standard, reasonable care to mainta¡n confidentiality of information.
eustomer Elielbllitv RèEulrements
t. Must meet income guidelines as provided by the LEU. The income guidef ines are the same as
under the San Joaquin County Low lncome Home Energy Assistance Program (LIHEAP).
Households with gross household incomes at or below 60% of State Median lncome levelare
eligible.
2019 lncome Guldellnes by number of people at6O% of State Median lncorne (SMlf :
t 2 3 4 5 6 7 8 9 10
52,770.74 Sz,ggg,oo S3,s06.s8 54,L74.so Sq,e+z.qz s5,510,34 Ss,635.58 Ss,zso.gr Ss,886.os s6,011.28
2. Electric Utility customer has not received asslstance by this program in the past six months;
3. Customer must present (in person)the following documentation to qualify for an assistance
payment. This information will be copied and retained in a file for three years.
r Current City of Lodi utility statement
¡ Social Security cards for ALL members of the household, and a drive/s license or
California lD card of the account holder
o Proof of current income
. Current rental agreement of service premises
r Current City of Lodi customer payment plan agreement
o lndicate reason why emergency energy assistance payment is needed; provide any
documentation reflectlng thls need
4. The assistance payment is for up to 5110 which only pays for the electric utility component of
the bill. The customer is required to demonstrate the payment of all other charges (water,
wastewatet trash collection) prior to the assistance payment being authorized by the Salvation
Army. The acceptable forms of documentâtion include current utlllty bill showing payment,
receipt prepared by the City of lodi showing payment, andlor a copy of the C¡ty of Lodl payment
plan.
Si¡bnilsslon of Aoolicatlon to Cltv and lnvolclns
The Salvation Army wlll electronically convey approved appllcation upon receipt to
âtn¡¡pvnleks6¡ lod Lqoq
The assistance will be applied to the bill as soon as practical by the City of Lodl.
2
Exhlblt B Compensat¡on Plan
The Salvation Army will lnvoice for all administrative work performed at a rate of S¿S per customer
verification/certlflcation with a cap of 510,000. The invoice will be submitted to Lodl the flrst day of
each month, payable wlthln thirty (30) days of the invoice date.
EXHIBIT C
NOTE: The CIty of Lodt Is now using the online lnsurcnca prog¡dm PINS AútanÉ,ge. Once you have been awa¡ded a
cont ?ct you wlll receÍve an emall lrom the Clly's onllne lnsurancê pragram rcguestlng you to loward the emall to your
lnsurance provtde(s) to submltthe rcqulred lnsurance documenhtlon electrcnlcally
lneurance Reouh€ment¡ for Profeaslonal Servlce¡
Contrac,tor shall procure and maintaín for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contrac'tor, his agents, representatives, employees or subcontrac{ors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Goverage shall be at least as broad as:
1. Commerclal Goneral Liabillty (CGL): lnsurance Services Office Form CG 00 01 covering CGL on an "occunence" basis, including
produc.ts and completed operat¡ons, property damage, bodily injury and personal & advertising injury with limits no less than
¡1,000,000 per occurrenoe. lf a general aggregete limit applies, either the general aggregate limit shall apply separately to this
project/locetion (lSO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automoblle Llablllty: ISO Form Number CA 00 0l covering any auto or if Contractor has no owned autos, then hired, and non-
owned autos with limit no less lhan $1,000,000 per accident for bodlly inJury and property damage.
3. Workerc' Compeneatlon: as required by the State of Califomia, with Statutory Limits, and Employe/s Liability lnsurence with limlt
of no less than $1,000,000 per accident for bodily injury or disease.
4. Profeeslonal Llablllty (Enors and Omissions) lnsurance appropriate to the Consultant's profession, with limits not less than
tl,000,000 per occurrênce or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services,
Other lnsurance Proviglon¡:
(a) ,{ddltlo¡al Named lnsuted Stàtus
The City of Lodl, its elected and appointed boerds, commissions, officers, agents, employees, and volunleere are to be covered
as additional insureds on the CGL and auto policy with respect to liabillty arising out of wort< or operations performed by or on
behalf of the Contractor including materials, parts, or equipment fumished in connedion with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's ingurance (at least as broad as ISO Form
CG 20 10 1l 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; C43] CG 20 37 if a
later edition is used
(b) Filmarvand Non-Contributory,lireuranceEndorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or exoess insurance. For
any claims related to this contract, the Contracto/s insurance cov€rege shall be primary coverage at least ¡¡ broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteerc. Any insurance or self-insurance maintained
by the Entity, ¡ts officers, officials, employees, or volunteers shall be excess of the Contracto/s insurance and shall not contribute
with it.
(c) Welver of Subrosation Contrac'tor hereby grants to City of Lodi a waiver of any rlght to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contrac,tor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not lhe City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the GITY oF LoDl must be shown along wilh (a) and (b) and (c) above:221West Piñe Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the p¡gþt
that it is insuring.
(d) Sèverabifitv of lnlerest Oleuse
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the llmit of the oompany's liability under the Contrectors commercial general liability and automobile liability policies.
(e) Notice of Gancellation or Ghange in Covefaoe Endoreement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written noticeof suchc , ?21 West P¡ne St., Lod 952a0.
PagellotZp"g
(0 Gontinuitv of Goveraoé
Ãföid*ãi;:ñãilf,èiñffect on or before the first day of the Term of this agreement' At leest thffiy (30-) dav¡ prþr to the expiratlon
of eaoh insuranoe polioy, Contractor shall fumish a
-".*incate(sl
strowìng ihgt a new or extênded pollcy has baen obtained whlch
meels,the minimum requlremente of this Agrêêmgnl. Cãntraaor ¡hall piovide proof of continuing lnsurânce on al leasl an qnnugl
--rir ruñnl tnã ierm. 'rr ó"iriäããrs insdiànoe tapses or is dlsæntlnüed for ány.rea.so-n 93tt:$rlsall.immediatelv p!i! þe
c1ñtlrä;¿iaìerv ouraií-reËla-dr*nilnsirãñ.alcontr"c'toragrees and stlpuÉtes that any lnsurance.coverage provlded to the
ðiií;il"¿i;ñàrLprcí¡oe ror l ãâil"J pã"d Alowing. tÀrmlnaflonóf coverage which is at least consistent with lhe claime perlod or
staiui"" of limftatione fbun¿ in ttre caitfomie Tort CÈims Act (callfomia Gevernment Gode seotion:,810 et seq;)'
Failure lo oomDlv
lfcontractorfailsorretusestoobtainandmaintaintherequiredinsuranoe,or âils.toprovideproofofcoverage,thec-ltyrnaygbÌain
theinsurance. contraaoriháfire¡mUurset¡eCityforpremiumspaid,with'interestonürepæmiurnpaidbytheCitr/althemaxlmum
åiÉ'oãure ì"iìr ot" it én ¡n ånåifln ıåiirırüiã. rúe o¡tv i¡àrr noiity contt"aor.of such pavmentof premiums wlthln thJrty (30) davs
ãïiäimã.iãt"tinù t¡,e ámoînìi;i¡, rh";àmê(s) órtnê insugr:(sf, and rate of in.tðrest. Gontraotor shall pay suah reimbursement
and ¡nferðst on the ffrst,(1Éiià!}}iú *"ntn iottowtng the O¡tirá:norice.. Nþh¡r,ithÊtending any other provisJon of thia Agreemenl,
if contraclor fails or refuses to óuiain or maintain insuiance as'requlrêd by this agreemeñt, or falls. to pro{de poof of insurance'
it ã öitv ,.,,'ãv tãrm¡nate ttr¡s ærããmeniupon suot' ureaðr,. upon sirch terirínation, contrac{or shall lmmedlatêly caase uEe-of the
site or facilit¡es and commenı:and dlfigäntly pursue the rembval of any and all of its personal property from the site or facilities.
Verifi câtion gf€oyefagq
Gonsultant shall ft¡mish lhe City with a copy of the policy deolaration and,-endorsement page(s), original certificates and
ã.åno"tory endorsemente oiéopi". of ttie appl¡ca'ble policy language effec,ting coveruge,regulr€d by thls clause' All ceriificates.
and endorsements are to oe reai¡vø ánd qpþ'roved oi tne bity Ëetore wort< cornmences. Howsver, failure to obtain the required
doeumenìs prtorto the wo* uããinning strail riot watvsrttráconiultanl's obligalion to provida lhem, The clty reservel-the ríght to
;ìì-rË*}'pì;t", *rtinäå lì.,Tíiä3TqiigqiiÇ ñuâce óóriore", tnctudini_ endorsàments roquired by.these speciricatlons, al
any ¡me. Fa¡urs to erercìiå iñfi ¡érrt årra¡l not cınetiults a walver ol ttre cltfe rlght io exsrclse åfrer tho sffectlvo
date.
Self-lnsured Relenlions
self.lnsured rst€ntions must be declared to and approved by the clty. The clty may requlre the consultanlto provide.proof of ability
tü;iË;"äi r"íáiøinuã.t¡gations, ctaim administration, and defenseexpenseswlthin lhe retentlon. The policy language shall
;óùå":6¡ tà ánooreeo tò proviãã, it'ái t¡" self-insured retention may be salislied by ellher lhe named insured or cily;
ffiffi"t*"-rance described herein shail not timit the tiabitity of the contraclor ånd contrac{of-s. officere,.employees,-T9lÞ,
råpËsenÈtiuàs or suucontra;ors. Gontracto/e obllgation !o dep¡.d, lndemnify, and ,f'919 JE _!lty and lts offic€rs' otrlclals'
êm'tovees, aoents and uáìuniger" trermláis unCermelprovisions of this parâgrâpfi is not limited to or restrioted by any equirement
in t¡ãÂgieàmînt for Contractorto procure and meintâin a policy of insurance.
Subcpnlueloaffisffi:hãll requlre and verify that all subcontractors maintain ingurance meeting all the requlrements stated heæin, and
Consultant ehall enèure that Clty is an addltional insured on insurence required from subcontractors
OlÉims Made Poticies
fãny¡f Sã reqdtod poltoles provide covefage,on a cleims-made baeie:- il it'" Retróacltvd oaiã muEr úe sho',vn ãnd must be before the date of the contract or the beginnins of qtlla,qygÍ,__ ^...^
2. lnsurance must be maintained and evidence of insurance must be provided for at least flve (5) years aftêr completion ol tne
contract of work.
a. tt coverage is canceted or non-renewed¡ and not replacsd w¡th another claims-made policy form with a Retroac-tive'Date prior
to th6 contraot efeaive.¿afe, the Consultant must puichase "extended reporting" cov€rage for a minimum of five (5) years after
completion of contract work.
Qua[ned lngurerlÊ)
rha ramc nrrhic anraomanr.mrer he nrovidaer bv insu e in,the State of'Ãiiññ;ãnce r€quh€d by the terms of this Agreement musl bE provided by insurers liconsed to do buslnes
câiúómiu whtch ire rated át Èast 'A-, Vt" bithe AM Beet Rati;gs cuide, ãnd whidr arê âcceBtable to tf"..9Ltv:..I1I|ÍTltt"d
,rrplu. iine. carrters may ue áocepteb provioea they are indudãd on lhe most eoent llst ol Galifornia ellgible suçlus llnes
ineurers (LESL| list) and otheruvlge meot City requirernents.
(i)
(s)
(h)
ü)
(m)
(k)
(t)
Page 2 | of2 pages I Risk: rev.3nnilÛ
AMENDMENT NO. 1
COMMUNITY PARTNERSHIP FOR FAMILIES OF SAN JOAQUIN
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this _ day of , 2020, by and between the CITY OF LODI, a municipal
corporation (hereinafter "CITY'), and COMMUNITY PARTNERSHIP FOR FAMILIES OF SAN
JOAQUIN a California Charitable Non-Profit, (hereinafter "CONTRACTOR').
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on
August 20,2019, (the "Agreement"), attached hereto as Exhibit I and made a part hereof;
and
2. WHEREAS, Contractor was retained by the City to provide application administration
services for the Lodi Electric Utility's Customer Assistance & Relief (CARE) Package
program; and
3. WHEREAS, CONTRACTOR and CITY now desire to amend the Agreement to increase the
contract limit above the current contract amount of $10,000 in anticipation of an increased
number of applications to the program during a temporary program expansion of the CARE
Program; and
4. WHEREAS, the temporary CARE program expansion will commence effective upon the date
of City Council approval through August 31,2020; and
5. WHEREAS, the CITY desires to amend the contract amount which may extend beyond the
August 31,2020 temporary program termination date to allow CONTRACTOR sufficient time
for reporting and invoicing to the CITY; and
6. WHEREAS, by approval of Resolution No. 2020-xxx, Lodi City Council has authorized the
City Manager to increase CARE Program third-party administrator contract limits by an
indefinite amount each, however, collectively, not-to-exceed $102,000 for applications
processed effective immediately upon approval of Resolution No. 2020-xxx by City Council
until August31,2020.
NOW, THEREFORE, the parties agree to amend the Agreement to increase the contract
limit by an indefinite amount for each third-party administrator, however, collectively, not-to-exceed
$102,000 for applications processed effective immediately upon approval of Resolution No.2020-
xxx by City Council until August 31,2020.
lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1
on the date and year first above written.
CITY OF LODI, a municipal corporation COMMUNITY PARTNERSHIP FOR
FAMILIES OF SAN JOAQUIN, a California
Charitable Non-Profit
STEPHEN SCHWABAUER
City Manager
Attest:
MEREDITH BAKER
Executive Director
Approved as to Form
JANICE D. MAGDICH
City Attorney
PAMELA M. FARRIS
City Clerk
EXHIBIT T
AGREEilIENT FOR PROFESSIONAL SERVICES
ARÎICLE I
PARTIESANI' PURPOSE
8ecüon l.l Pqrtl¡q
THIS AGREEMENT ls cntorod tnto orúuqÞ20i9, by and bctuncn thc CtTy OF
LoDl, a munlclpal corporatlon (hcrelnafrer "cì1y1, and communlty partnerrahlp for
Famllies of San Joaquln (herclnafrcr "CONTRACTOR,),
Scctlon 1.2 Purooe¡
CITY selected the CONTRACTOR to provlde the servlces required ln accordance
wlth ettachcd Scope of Servlces, Exhlbll A, attached and lncorporatcd by thle rsfcrunoe.
CITY wlshce to cnter lnto an agruement with CONTRACTOR forthe admlnlgtreflon
of the CARE omerycncy enorgy accl¡tancc progrem (herelnaf,er'ProJccf') a¡ sel forth ln
the Soopc of SeMces atlached hcre as Exhlblt A, CONTRACTOR eoknowlcdgcc thet lt
lc quallfied to provlde euch eervlcce to ClTy.
ARTICLE 2
8COPE OF ËERvrcEq
8¡ctlon 2.1 Soons of Servloes
CONTRACTOR, for thc bEncflt and at thc dlreotlon of CITY, rhall pcrform thc
Scopc of Sawices as setforth in ExhlbltA,
S¡cüon 2.2 Tllne For Gommencemsnt ¡nd Comoleflon of Work
CONTRACTOR ahallcommlnoa wort pureuant to thlo Agrccmcnt, upon rcoatpt
of ¡ wrlttcn nolloc to procecd from CITY or on thc datc rct forth ln Seot|on 2.6, whlchcvcr
occurs first, and shall perform ¡ll serviccs dlllgcntly and comptctc wo* under thls
Agreement based on a mutually agreed upon tlmellne or as othsrlvlsc deolgnatcd ln the
Scopc of Scrvicct.
coNTMcroR ¡hall submlt to clrY ouch rcporb, dlagraml, drawlngr and othcr
work productr or may,be derlgnatcd ln thc Scopc of Scrvlce¡.
CONTRACTOR sh¡ll not bc rerponrlblc for delayo o¡used by the failurc of CIW
ataff to provlde roqulrcd dat¡ or revlcw documenta within the approprlatc gmt framc¡.
Thc tltvlcw tlme by CITY and any other agende¡ lnvolved ln the proJect ¡hall not be
countcd agalnat CONTRACTOR,! contrec{ pcrformancc pctiod. Alco, any deleyo due to
weathcr, vandallrm, ed¡ of God, clc., ¡hell nol bc countcd. coNTRAcroR shall
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remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 lUlsetlnos
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Sectlon 2.4 9tafflnq
coNTRAcroR acknowledges that clrY has relied on coNTRACToR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as identifled
in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR,
unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR
of any change of Project Manager and CITY is granted the right of approval of all original,
additional and replacement personnel at CITY's sole discretion and shall be notified by
coNTRAcToR of any changes of coNTRACToR's proJect staff prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within the
Scope of Services (Exhibit A) and is prepared to and can peÉorm all services specifled
therein. CONTRACTOR represents that it has, or will have at the time this Agreement is
executed, all licensee, permits, qualifications, insurance and approvals of whatsoever
nature are legally required for CONTRACTOR to practice its profession, and that
CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this
Agreement all such licenses, permits, qualifications, insurance and approvals, and shall
indemnify, defend and hold harmless CITY against any costs associated with such
llcenses, permits, qualiflcations, insurance and approvals which may be imposed against
CITY under this Agreement.
Section2.S Subcontracts
Unless prlor written approval of CITY is obtained, CONTRACTOR shall not enter
lnto any subcontract with any other party for purposes of providing any work or servicés
covered by this Agreement.
Section 2.6 TerlJl
The term of this Agreement commences on July 22,2019 and terminates upon the
completion of the scope of services or on June 30,2021, whichever occurs first.
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ARTICLE 3
COITIPENSATION
Section3.l Comnonsatlon
GONTRACTOR's compensation for allwork under thls Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake anywork beyond the scope of this Agreement
unless such additional work is approved in advance and in writing by CITY.
Sectlon 3.2 Msthod of Prvmsnt
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, wlthout llmltatlon, detalls as to amount of hours, lndlvldual
performing said work, hourly rate, and indicating to what aspect of the Scope of Services
said work is attributable. CONTRACTOR's compensalion for all work under this
Agreemenl shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs requlred forthe performance
of the Scope of Services, Payment of additional reimbursable costs considered to be over
and above those inherent ln the orlg¡nal Scope of Servlces shall be approved in advanced
and in writing, by CITY.
Sectlon 3.4 Audltlno
CITY reservee the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnlsh CITY, or a designated representatlve, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or lts delegate will have the rlght to review,
obtaln and copy all records pertaining to performance of this Agreement. CONTRACTOR
egreês to provide CITY or its delegate with any relevant informatlon requested and shall
permit CITY or its delegate access to its premises, upon reasonaþle notice, during normal
business hours for the purpose of interviewing employees and inspecting and oopying
such books, records, accounts, and other mater¡althat may be relevant to a matter under
investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement,
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ARTICLE 4
MISCELLANEOUS PROVISIONS
Sectlon4.l Nondiscriminatio4
ln performing services under this Agreement, coNTRAcroR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexualorientation, marital status,
national origin, ancestry, age, or any other criteria prohibited by law,
Section 4.2 ADA Comollance
ln performing services under this Agreement, CONTRACTOR shell comply with
the Americans with Disabllities Aot (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Sectlon 4.3 lndemnlficatlon and Rerpon¡ibtlltv for Damaqg
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, tosses, and expenses (including
reasonab¡e attorney's fees and costs), arising out of performance of the servlces to be
performed under this Agreement, provided that any suoh claim, damage, loss, or expense
is caused by the negligent âcts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by GoNTRAcroR, anyone direcfly or indirecfly employed by any of
them, or anyone for whose acts they may be liable, except those injurles or damages
arising out of the actlve negligence, sole negligence, or sole willful misconduct of the City
of Lodi, its elected and appointed officials, directors, officers, employees and volunteers.
CITY may, at its election, conduct the defense or participate ln the defense of any claim
related in any way to this indemnification. lf CITY chooses at its own election to conduct
its own defense, participate ln its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification, CONTRACTOR shall pay all of the
costs related thereto, including without limitation reasonable attorney fees and costs. The
defense and indemnification obligations required by this Agreement are undertaken in
additlon to, and shall not in anyway be limited by the insurance obligations set forth herein.
Sectlon 4,4 No Personal Liabilltv
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
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Sectlon 4.5 Responelb-llltv of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 lnsurance Requl¡ements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverege as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Succeseorg and Asslqno
CITY and CONTRACTOR each bind themselves, thoir partners, Buccessors,
assigns, and legal representatives to this Agreement without the written consent of the
olhers, CONTRACTOR shall not assign or transfer any interest in this Agreement without
the prior wrltten consent of CITY. Consent to any such transfer shall be at the sole
discretlon of CITY,
Sectlon 4.8 &!!S
Any notice required to be given by the terms of thls Agreement shall be ln writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same ls personally served or upon receipt by express or overnlght delivery,
postage prepaid, or three (3) days from the time of mailing if sent by first class or certified
mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Plne Street
P,O. Box 3006
Lodi, CA 95241-1910
Attn: Business Development Manager
To CONTRACTOR: Meredith Baker, Executive Director
Community Partnership for Famllles of San Joaquin
PO Box 1569
Stockton, CA 95201
Section 4,9 Goopqr.qtfoEof GITY
CITY shall cooperate fully and in a timely manner in providing relevant information
It has at lts dlsposal relevant to the Scope of Servlces.
Section 4.10 CONTRACTQR ie Not an Emnlovee of CITY
CONTRACTOR egrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not an
employee of CITY. CITY Ehall not direct the work and means for accomplishment of the
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serv¡ces and work to be performed hereunder. GITY, however, retains the right to require
that work performed by CONTMCTOR meet specific standards without regard to the
manner and means of accomplishment thereof.
Sectlon 4.{l Termlnatlon
CITY may terminate this Agreement, with or without cause, by giving
GONTRACTOR at least ten ('10) days written notice. Where phases are anticipated within
the Scope of Servlces, et which an intermediate decision is requlred concerning whether
to proceed further, CITY may terminate at the conclusion of any such phase. Upon
terrnination, CONTRACTOR shall be entitled to payment as set forth in the attached
Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY, However, CITY shall assume no liability for costs,
expenses or lost profits resulting from services not completed or for oontracts entered into
by CONTRACTOR with third pârtles ln reliance upon this Agreement,
Sectlon 4.12 OonfidentlalltV
CONTRACTOR agrees to maintain confidentiality of allwork and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY, CITY agrees to malntain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in wrlting by
CONTRACTOR. CONTRAOTOR acknowledges that CITY is subJect to the California
Publlc Records Act.
Sectlon 4.13 ¡dppllcablô Lew, Jurledlctlon, Severabllltv. and Attornev's Fses
This Agreement shall be governed by the larus of the State of Galifornia.
Jurisdiction of litigation arlsing from this Agreement shall be venued with the San Joaquin
County Superior Court. lf any part of this Agreement is found to conflict with applicable
laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws,
but the remainder of this Agreement shall be in force and etfect. ln the event any dispute
between the parties arises under or regarding this Agreement, the prevailing party in any
litigation of the dispute shall be entitled to reasonable attorney's fees from the party who
does not prevail as determined by the San Joaquin County Superior Court,
Sectlon 4.14 Gltv Buslnees Llcenee Requlrement
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CONTRACTOR acknowledges that Lodi Munioipal Code Section 3.01.020 requires
coNTRAcroR to have a city business license and coNTRAcroR agrees to
secure such license and pay the appropriate fees prior to performing any work hereunder.
Sectlon 4.15 Captlon¡
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any questlon or
interpretation or intent hereunder,
Section 4.1ô lnteqratlon ¡nd Modlflcatlon
This Agreement represents the entire understanding of CITY and CONTRAGTOR
as to those matters contained herein, No prior oral or written understanding shall be of
any force or effect with respect to those matters covered hereunder. Thls Agreement may
not be modified or altered except in writing, signed by both parties.
Section 4,17 Gontract Terms Prevail
Allexhiblts and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the
attached exhiblts, the terms of this Agreement shall prevail.
Sectlon 4.18 Severabllltv
Ïhe invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 ,Ownerghlp of Documentç
All documents, photographs, reports, enalyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which have
been oþtained or prepared under thls Agreement, shall be deemed the property of ClTy.
Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents
during CONTRACTOR's regular business hours, Upon terminat¡on or completion of
services under this Agreement, all information collected, work product and documents
shall be delivered by coNTRAcroR to clry wlthtn ten (10) calendar days.
CITY agrees to indemnify, defend end hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authprltv
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
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S€ctlon 4,20 Authoritv
The undersigned hereby represont and warrant that they are authorizecl by the
parties to execute this Agreement.
Sectlon 4.21 Federal Translt Fundlnq Condlüons
Ü lf the box at left is checked, the Federat Transit Funding conditions attached as
Exhibit D apply to this Agreement. ln the event of a conflict between the termE of this
Agreement or any of its other exhibits, and the Federal Transil Funding Conditions, the
Federal Transit Funding Condltions will control.
lN wrNEss WHEREOF, clw and coNTRAcroR have executed this
Agreement as of the date first above witten.
CITY OF LODI, a municipalcorporatlon
ATTEST:
Clerk City Manager
APPROVED AS TO FORM:
JANICE D. MAGDICH, Clty Attorney
Community Partnership for Families of
San Joaquin, California charitable non.profit
corporation
Name:
Title:Dlrector
By
.-1.4-
---¿'¿
Attachmente:
Exhlblt A - Scope of Servlces
ExhlbltB-FeeProposal
Exhlblt C - lngurance Requlrements
Exhibit D - Fedoral Translt Fundtng Condlüons (lf appilcable)
Fundlng Source:50485300-72460
(Buslness Unlt & Account No.)
Doc lD:
C¡Rev.01.2015
I
EXHIBIT A Scope of Services
City of Lodi Electric Utlllty CARE Emergency Energy Assistance program
The Commun¡ty Partnership for Families of San Joaquin witl adminíster the CARE Emergency Energy
Assistance Program which includes the following activities:
1. Provide all customer appllcation intake including reviewing electric utillty customer ellglbillty
requirements, and approval of a customer's application ln this emergency energy assistance
program
2. Maintain either a hard copy file or an electronic file with back-up of each electric utility
customer who has applied for assistance for three years. This includes appl¡cations that have
been approved and unapproved. The file must contain copies of the documentaflon required
3' Provide a year'end electronic spreadsheet of customers who have applied for assistance with
name of account holder, account number, service address, approved/unapproved, and amount
of assistance by July 30th
4' Take standard, reasonable care to maintain confidentiality of information.
Customer Ellelbllitv Reaulrements
Must meet income guidelines as provided by the LEU. The income guidelines are the same as
under the san Joaquin county Low lncome Home Energy Assistance program (UHEAp).
Households with gross household incomes at or below 60% of State Median lncome levelare
eligible.
2019 lncome Guidelines by number of people at 6o%of state Median lncome (sMl):
2' Electrlc Utlllty customer has not receíved asslstance by this program in the past six months;3. Customer must present (in person)the followlng documentatíon to quallfy for an assistance
payment. This information will be copied and retained in a file for three years.¡ Current Clty of lodi utility statement¡ Soclal Security cards for ALL members of the household, and a drive/s license or
California lD card of the account holder¡ Proof of current income
¡ Current rental agreement of service premises¡ Current City of lodi customer payment plan agreemente lndicate reason why emergency energy assistance payment is needed; provide any
documentation reflectlng this need4' The assistance payment is for up to S110 which only pays for the electric utility component of
the bill. The customer is required to demonstrate the payment of all other charges (water,
wastewater, trash collection) prior to the assistance payment being authorized by The
1.
1 2 3 4 5 6 7 8 9 10
52,77o.74 S2,839.66 Ss,soe.sa Sq,fiq.so S+,a+z.qz $s,sto.g¿Ss,ess.sa Ss,75o.g1 s5,886.05 s6,011.28
Exhiblt A Continued
Community Partnership for Familles of San Joaquin. The acceptable forms of docurnentation
include current utllity bill showlng payment, recelpt prepared by the City of Lodi showing
payment, and/or a copy of the City of Lodi payment plan,
Subrrllsslon óf AÞÞlicatlon td Cltv and lnvoldnE
The Communlty Partnershlp for Families of San Joaquin will elecronlcally convey approved applicatlon
upon receipt to ptruoovnlek¡@lodl.sov
The asslstance wlll be applied to the bill as soon as practical by the Clty of Lodl.
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Exhiblt B Compensat¡on Plan
The Community Partnership for Familles of San Joaquln will lnvoice for all administrative work
performed at a rate of S45 per customer verlficatlon/certlficatlon wlth a cap of 510,000. The lnvoice wlll
be submltted to Lod¡ the first day of each month, payable wlthln thirty (30) days of the invoice date,
tolL