HomeMy WebLinkAboutAgenda Report - August 19, 2020 C-15AGENDA ITEM C4s
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Adopt Resolution Authorizing City Manager to Extend Temporarily Modified
Customer Assistance & Relief Energy (CARE) Package Program Term to June 30,
2021 and to Execute Second Amendments to Term of the Professional Services
Agreements with Efficiency Services Group, LLC, the Salvation Army, and
Community Partnership for Families of San Joaquin
August 19,2020
Business Development Manager
RECOMMENDED ACTION Adopt a resolution authorizing the City Manager to extend the
temporarily modified Customer Assistance & Relief Energy (CARE)
Package Program term to June 30, 2021 and to execute Second
Amendments to Term of the Professional Services Agreements with
Efficiency Services Group, LLC, the Salvation Army, and
Community Partnership for Families of San Joaquin.
BACKGROUND INFORMATION: Resolution No. 2020-121 approved by City Council on July 17,2020
temporarily modified eligibility requirements to make additional
emergency electric payment assistance available to Lodi Electric
Utility customers to August 31,2020 during COVID-19 mitigation. The modified program has been
advertised a number of ways including bus advertising, print media, and direct contact with the LOEL
Senior Center, Meals on Wheels, senior apartment communities, and local churches. The modified
program is also advertised on the City of Lodi website. Despite this advertising and the ongoing needs
customers have to mitigate the adverse financial impacts of COVID, participation in the CARE Program
has been much lower than anticipated.
For the reasons set forth above, staff recommends extending the modified program until June 30,2021.
This additional time will allow staff to gain feedback from third party administrators, develop ideas, and
implement different public information strategies to reach more customers.
Adopting this resolution will provide the authorizations needed to continue the goals and objectives of
City Council as reflected in Resolution No. 2020-121 concerning the temporarily modified CARE
Program.
FISCAL IMPACT:The additional assistance, including third party administrative costs was
capped at $351,000 per Resolution 2020-121 and funds were appropriated
in Fiscal Year 2019120. Unused funds were authorized to roll and be
available in Fiscal Year 2020121 per Resolution 2020-121.
FUNDING AVAILABLE: Public Benefits Fund Account No. 50465300.72450 and 50465300.72921
APPROVED
Manager
Adopt Resolution Authorizing City Manager to Extend Temporarily Modified Customer Assistance & Relief Energy (CARE)
Paokage Program Term to June 30, 2021 and to Execute Second Amendments to Term of the Professional Services
Agreements with Efficiency Services Group, LLC, the Salvation Army, and Community Partnership for Families of San Joaquin
August 19,2020
Page2 ol 2
Andrew Keys
Andrew Keys
Deputy City Manager/lnternal Services Director
ßa
Astrida Trupovnieks
Business Development Manager
AMENDMENT NO. 2
EFFICIENCY SERVICES GROUP
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 EFFICIENCY SERVICES GROUP, LLC, a Oregon limited liability
company (hereinafter "CONTRACTOR').
WIÏNESSETH:
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, on June 3, 2020, CONTRACTOR and CITY amended the Agreement to expand the
Contractor's scope of services, to serve as a third-party administrator of the Customer Assistance
& Relief Energy (CARE) Package program, the Amendment is attached hereto as Exhibit 2 and
made a part hereof; and
4. WHEREAS, the CARE program will be extended through June 30, 2021; and
5. WHEREAS, by approval of Resolution No. 2020-121, 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 $1 02,000.
NOW, THEREFORE, the parties agree to amend the Agreement to extend the term of the
Agreement to and including June 30, 2021.
lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on
the date and year first above written.
CITY OF LODI, a municipalcorporation EFFICIENCY SERVICES GROUP, LLC.,
an Oregon limited liability company
STEPHEN SCHWABAUER
City Manager
Attest:
MARK GOSVENER
Chief Operating Officer
Approved as to Form
JENNIFER CUSMIR
City Clerk
JANICE D. MAGDICH
City Attorney ù/
AMENDMENT NO. 1
EXHIBIT 2
EFFICIENCY SERVICES GROUP
AGREEMENT FOR PROFESSIONAL SERVICES
O. 1 TO PROFESSIONAL SERVICES AGRËEMENT, is made and
2020, by and between the CIW OF LODI, a municipal
and SERVICES GROUP, LLC, a Oregon llmited llabllity
company (hereinafter "CONTRACTORT.
wtTNËs$ETH:
1. WHEREAS, CONTRACTOR and Glfi entered lnto a Profassional Services Agreement on June
13, 2019, (the "Agreement'), attached hereto as Exhiblt 1 and made a part hereof; and
2. WHERËAS, Contractor was retained by the City to provide 1) energy etficiency program design,
2) residential, commercial and industrlal program admlnlstration and field ÊervicËs, 3) residential
direct install and snapshot audit progråm, and 4) marketing eupport; and
3. WHEREAS, CONTRACTOR and CITY now deslre to amend the Agreement to add to the
Contracto/s scopÊ of servicEs to serye as a third-party administrator of the Customer Assistiance
& Relief Energy (CARE) Package program effective immediately upon Gity Council approval
through August 31, 2020; and
4. WHEREAS, CIW requires these additionalservices to assist in the applicatíon process under lhe
amended CARE assistance program in anticipation of a significant number of applications; and
5. WHEREAS, CONTRACTOR haE developed an electronic application process and agrees to
provide application processing services in accordance with the progÍam requirements which have
been provided to the CONTRACTOR for a fee of $45 per application; and
6, WHEREAS, the CIW desires to amend the contract amount with CONTRACTOR by $45 per
application whlch may extend beyond the August 31,2020 temporary program termination date to
allow CONTRACTOR sufficient time for reportlng and invoiclng to the CITY; and
7. WHEREAS, by approval of Resolution No. 2020-121, Lodi City Council haE authorized the City
Manager to increase CARE Program third-party admlnistrator contract llmits by an lndefinite
amount eaeh, however, collectively, noÞto-exceed $102,000 for applicalions processed effective
immedlately upon approval of Resolution No. 2020-121 by City Council untilAugust 31,2020.
NOW, THEREFORE, the parties agree to amend the Agreement's scope of servioes to provide
temporary application processing services related to the extension of the CARE Program at a
compensation rate of $45 per application, and increaee the contract limit by an indefinite amount for each
third-party administrator, however, collectively, not-to-exceed $102,000 for applications processed
effective immediately upon approvalof Resolution No. 2020-121by City Council untilAugust 31, 20?0.
lN WITNESS WHEREOF, CITY and CONTRACTOR have çxecuted this Amendment No. 1 on
the date and year flrst above wr¡tten.
CITY OF LODI, a municipalcorporation EFFICIENCY SERVICES GROUP, LLC. an
Oregon llmited liabifity company
Ci$ Manager
Attest:
PAMELA M. FARRIS
City Clerk
Chief Operating Officer
as to Formr
a
EXHIBIT T
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE I
PARï|ES ANp PURPOSE
Sectlon l.l Parties
THIS AGREEMENT is entered into on Iq 2019, by and
between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and Efficiency
Services Group, LLC a Oregon límited liability company (hereinafter "CONTRACTOR'),
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Servlces, Exhibit A, attached and incorporated by
this reference,
CITY wishes to enter into an agreement with CONTRACTOR for 1) energy
etficiency program design, 2) rcsidential, commercial and industrial program
administration and field services, 3) residential direct install and snapshot audit programr
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.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
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 Gom,plêtlon 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 services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as othenruise designated in
the Scope of Services.
CONTRACTOR shall suþmit 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 requÍred data or review documents wlthin the appropriate time frames,
The review time by CITY and any other agencies involved in the proJect shall not be
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counÈd against CONTRACTOR's contract peÍormance 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 efforts to review and return all
comments.
Section 2,3 Meetinqs
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Stafflnq
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 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 etfect 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.
$ectlon 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.
z
Section 2.7 O_ption tg Fxtendlej¡q of Aqre.pmqn!
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 full force and effecl.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed three (3) years,
ARTICLE 3
COMPENSATION
SectionS.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 M.ethgd 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 attriþutable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal,
Section 3.3 Gosts
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to þe over and aþove those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Audltino
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.
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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.
CONÏRACTOR 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 intervlewing 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 r sc ELLåN EoUS -P RoVr g I oNs
Section4.l Nondiscrimination
ln performing services under this Agreernent, 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, mar¡tal
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 AEAOomplian-q!¿
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 lndemnifiêation gnd ,Re,sponsibllitv for D.amasg
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 ects, 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 Cíty 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
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its own election to conduct its own defense, participate in its own defense, or oþtain
independent legal counsel in defense of any olaim 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 P.e.Ìsonal Llabilitv
Neither the City Council, nor any other officer or authorized assistant or agent or
City emptoyee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 ResponslbllitV of GIW
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Seruices prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 lnsurance Req,qiJ.enients for CONTRAGTOB
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as Eet forth in Exhiþit C attached hereto and incorporated by this
reference.
Section 4.7 Succesggrç,and.ASsigns
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 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 overnight
delivery, postage prepald, 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:
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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 Gooperatlon 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,
Section 4.1 0 CSNTRAÇTQR tS _Not-en. FmnlpVSç pjg tTJ
CONTRACTOR agrees that in underlaking the duties to be performed under thls
Agreement, it shall act as an independent contractor for and on behalf of ClTy 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 Ter!![ration
clrY may terminate this Agreernent, 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 tho
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 a.12 $snfidçntielltV
CONTRACTOR agrees to malntain 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
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"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 ApÞllcäbte Law. Jurisdiction, Severabilitv. and Affornev,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 County
Superior Court.
Section 4.14 Citv Busihess Llcehse 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.
Section 4.15 Gaptigns
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 hþgfatign antModificatiq[
This Agreement represents the entire understanding of ClTy and
CONTRACTOR as to those matters contained herein, No prior oral or written
understanding shall be of any force or etfect 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 Preva!!
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 prevall.
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Sectlon 4.18 S.everâblllty
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 Ownefship ctf DıcumentE
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 propefty 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 GITY's use of such documents for any purpose other than the
purpose for which they were intended,
Section 4.20 Ag!hgr!$¿
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement,
Section 4.21 Federal TrFnqlt Fundinq Conditlons
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.
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lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above wrltten,
CITY OF LODI, a municipalcorporation
ATTEST:
J RM.STEPHEN SC
City ManagerCity Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
EFFICIENCY SERVICES GROUP, LLC
a Oregon limited liability company
By:
Na me Mark Gosvener
Title: Chief Operating Officer
Attachments;
Exhlblt A - Scope of Servlces
ExhibitB-FeeProposal
Exhiblt C - lnsurance Requirements
Exhiblt D - Federal Transit Fundlng Conditions (lf applicable)
Fundlng Source:50465,l00.72920
(Buslness Unlt & Account No.)
Doc lD:
GArRev.01.2015
I
EF CIENCY RVICE
EXHIBIT A
SCOPE OF WORK
This Scope of Work {SOW) includes rhe followlng progra
New Energy Program Design
Residentlal, Commerclal and lndustrial program
a
a
a
a
Group
nistratlon and Fleld Servlces
Residentlal Direct lnstall and Snapshot Audlt
Marketing Support
Term
The term for this SOW is July 1, 2019 through June JO,ZOz with a one-year option for renewal,
Annual Budget
The budget for programs and services under this SOW for he two-yearterm is not to exceed $45g,600. LEU mayallocate the budget across any or all programs and se listed in this SOW. This provides LEU with the fl exibilityto prioritize programs and services across customer ma sectors as information is gained and as conditions maychange, ensure that programs and services are available to all customers, including hard-to-reach customers,andachieve AB202L State energy efficiency goals,
Energy Programs Admlnlstration
Efficiency services group has operated as LEU's Energy Efficiency (EE) publlc Benefit Fund program admlnistratorsince 2014' During that time, the program has delivered $z,a mitlion in rebates to 1,10g residential customers andL34 businesses ln Lodi. The program has provlded over L4 million kilowatt hours of energy savings. That is enoughto power over two thousand homes in california for a year, ln addition to continuing to provlde EE programadministration, ESG will develop, implement and administer an Electric vehicle profram that will be funded inpart by the State's Low Carbon Fuel Standards (LCFS) program and greenhouse gasiunding.
lnitial EV Program Design and Setup (New and One-Time Only)
ESG will perform the following one-time services:
¡ Revíew potential program offerings with LEU to determine goals and objectives of the EV program¡ Determine whlch measures wlll qualify for the program; i,e. EVs, resldential and work place chargers,dedlcated EV meters, etc.o Establish program specifications and requirements. Add program measures and details to ESG,s database¡ Create rebate application formso Meet wlth LEU and the Clty building department staff to establish efficient program protocolso Reach out to local car dealerships and local contractors to inform them about the program incentives andrebate application processes
' Develop/identify program marketing materials to include program brochure, links to industry resources
and content for social media and utility website
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Offlce Support (Ongolng)
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 Frlday {except for maJor holidays}
' Manage residential, commercialand 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 requirementsr Enter all customer rebates and project details into databaseo Provide Lodi with monthly activity reports which lnclude:- 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)¡ .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,
Field Support (Ongolng)¡ Provide all aspects of field support (audits/inspections) required to ensure LEUs energy programs are in
complia nce with req uirementse Provide basic technical guidance and assistance to customers and contractors participating in LEU,s
programs
¡ Maintaln allfield records and required project documentation in accordance with city policy. Data will be
kept electronically.¡ Conduct on-site energy evaluation assisthnce (if needed) for LEU's larger customers to help determine
potential energy efficiency projects and eligibility for participation in LEU's rebate programsr Perform residential customer site visits within Lodi service territory as requested to address the specific
needs of customers regarding the management of their energy use. This may include customer inquiries
regardlng unusually high energy use and evaluations for potential participation 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 modification 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 Callfornia Air Resources Board (CARB) Low Carbon Fuel Standard (LCFS)
program. ESG can assist with other reporting as requested.
Third-Party Contractor Oversight
lf LEU contracts with anóther entity to provide energy efficiency services ln the City, ESG will provide overslght of
the contractors, including:r Reviewof contractor's deliverables/responsibilítiesr Review of contractor's proJect documentation/reports submitted to LEU to ensure that work is complete,
accurate and compliant with program requirementsr Coordinate with contractors and LEU's PB manager to resolve any quest¡ons or issues that arlse
Coordinatlon with IEU
ESG's Program Manager wifl 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,
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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 482021 goals.
NCPA Representation
ESG has been regUlarly 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 ma¡ntains a database that is used to process rebates as well as report EE and Renewable program activity for
all our client utilities. LEU can opt to use ESG's database at no additional charge, ESG,s database iunctions very
well in capturing, managing and reporting program activity in order to respond to CEC and utllity
budgetíng/reporting needs,
leglslative Requirements
ESG stays current on existing and proposed legislation regardlng PB fundlng, energy efficiency, and renewable
programs in order to assure that LEU remains in compllance 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 anddraft narratives required to meet legislative/CEC reporting requirements for EE and Electrification programs,
Energy Engineering Servlces
lf ESG or the City deem it necessary to use technical specialists (engineerlng staff) for large commercial or
industr¡al customers, fees for these servlces w¡ll þe in addition to the standard fees listed above. ESG will obtainthe City's written approval prior to work beginning and the assoclated fees will be billed separately from the
standard fees on ESG's monthly invoice,
ESG Office Locations
ESG ls headquartered ln Hillsboro, Oregon, and maintains a California satellite office in San Franclsco, ESG staff
maintain a presence in LEU's service area that allows them to address customer needs in a timely manner.
lmplementation TimelÍne
ESG can continue dellvery of these program services immedlately upon execution of an Agreement wíth LEU,
Pricing
Electric Vehicle lnitial Program Design and setup (one-Time only)- ESG will bill a one-time program start-up
fee of S5,000 for the services listed under this section of this SOW.
Monthly fee for Energy Program Administratlon ls 57,525, Thls includes up to three days per month in Lodl 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 Speciallst is required for more than three days per month, ESG will þlll $8OO per additional day spent in
the field' Travelfiield expenses for NCPA Work Group attendance and field services in Lodi will be invoiced in
addition to the Program Adminlstration fee, will not be marked up, and will not exceed $ZSO per month, The
estimated annual budget allocation for program administration and field services is S90,3OO for year one and
$go,3OO for year two, The estimated one-time budget allocation for new program design is $5,000.
J
Residential Snapshot Audlting and Direct tnstalt
ESG has provided the Res¡dential Snapshot Audit and Direct lnstall for LEU since 2015. To date, the program hasserved 956 LEU customers, This program is proactive and cost-effectively serves many customers in a short period
of tlme. lt also is a great resource for renters and customers with fixed or limited income who are unable toparticipate in the standard rebate program due to financial restraints or the inability to make permanent changesto a rental property. ESG will work with Lodi to determine how this program can best meet the needs of Lodi byproviding instant energy and water savings and a positive experience for residential customers.
ESG will provide the following services:
r Coordinate with Lodi to sign customers up for the program¡ Direct installatior¡ of selected measures in eligible home¡ Field collection of customer and site datar Email snapshot audit report to Lodi¡ Deliver marketlng, educatíonal, and customer relations collateral to explain benefits and applicagons ofinstalled measures, promote other utility programs, and strengthen relationships with customers;development of new collateral materials to be at additional cost, w¡th prior ap[roval by Lodl
' supplY all product, materials and labor associated with the installation of measuresr warranty fulfíllment for all products installed for a period of two yearsr Report customer, síte and measure installation to Lodl ln a flexible format (csV), lncluding summaryreports of snapshot audit findings¡ complete program administration, including customer hotline, lnvoicing, reporting, lnventory
management and compliance
Lodi will be asked to provide the following:
o Coordlnate with ESG to sign customers up for the programo Review and approval of marketing and customer relation materials¡ Provide a utility-endorsed letter on Lodi letterhead explaining the program that ESG,s Energy EfficiencyAdvisors {EEAs) can present to customers when visiting their homeso Provide vehlcle magnets with Lodi logo so EEAs are clearly identified with the Lodi Dl and Snapshot AudttProgram
o Provide identificatíon badges issued by the City of Lodir Provide shirts for Field Technician with LEU logo
Customer Eliglblllty
The program will be open to all Lodi residential customers. Lodi customer service Representatives can refercustomers to the program. Customers may also email or call to sign up for the program, or ESG may approachcustomers directly. ESG will coordinate with Lodito finalize a strategy to approach customers and generate sign-ups for the program.
Electronlc Data Collection
EEAs utilize a tablet application to electronically capture all snapshot audit and direct install data in the fleld. Theapplication is a data management system that is linked to a web-based database. The system creates a pDF reportof 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 prepere activity reports, provide Lodl with aggregate and detailed snapshot auditdata, invoicing, and ínventory 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 including the following DlMs:
o Screw-ln LEDs
r High Performance Showerheads
o Faucet Aerators (1 gpm Bath and 1.5 gpm Kitchen Swivel)
o Thermostatic Shower Valves
r Advanced lnfrared Smart Power Strips
r 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 opportunlty while in the customer home to promote Lodi Electric
Utility's energy efficiency rebate programs as well as other related programs that could benefit the customer.
Residentlal Snapshot Audits
While in the customer home installing DlMs, ESG will acquire the followlng customer demographlc and
site/equlpment data:
a
a
a
a
Customer name and contact information
Water heater fueltype and size
Own/rent
Year built
Approximate sq ua re footage
Foundation type
House type
Primary space heat fueltype
Primary HVAC system type
Secondary space heat fuel type
Secondary HVAC system type
Central A/C (Yes/No)
Central A/C tons
A/C last serviced
Window type
Attic insulation
Wallinsulation
Floor/Crawl insulation
Duct type
Duct insulat¡on
Appliance inventory
o Clothes dryer fuel
o Clothes washer type
o Dishwasher age
o Evaporative Cooler
o Refrigerator quantity and age
o Freezer quantity and age
o Range/Oven type
o Television quantity and type (HD/analog)
o Window A/C units
o Wellpumps
a
5
o Poolpumps
o Spa
o Computers. Customer Comfort (satisfied, not satisfied)
¡ EEAlcustomercomments
Field Manual
ESG will coordinate with Lodi to develop a field manual that 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, materíals and expenses
associated with installation of the products and delivery of services. Fees for direct installed measures and
snapshot audits are shown in the following table. Additional measures can be added to the program with prior
approval. The estlmated annual allocation for Dl is 5125,000 for year one and $1ZO,OOO for year two.
Marketing Support
ESG will provide program marketing materials such as flyers, bill inserts, program catalogs, social media content,
newsletters and other mater¡als as requested to support and promote LEU's new Electric Vehicle program and
LEU's energy efficiency programs. Pricing will be provided on a project-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 518.00
Standard Showerhead Showerhead S20.00
llandheld Showerhead Showerhead S30,00
Thermostatic Shower Valve Valve $4o.oo
Faucet Aerator Aerator $ S.OO
Advanced Smart Power Strips Power Sulp 590.00
Personal Computer Power Strlp Power Strip $90.00
Fee per
Cost Unit
Mcasure Cost Unit
Other Prlcing Consideratlons
Taxes and Other Charges
Any use tax, sales tax, excise tax, duty, custom, inspection ortesting fee, or any other tax, fee or charge ofany
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 price quoted in this SoW. tn the event ESG ls 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 submitted an exemptlon certificate or other document acceptable to the
authority imposlng the tax, fee or charge.
ESG reserues the right to modify rates due to the imposition 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 $458,600. The estimated breakdown
per the scope of work is shown below.
A. Residential, Commercial and lndustrial Program Administration and Field 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
r Provision of monthly activity reports
o Maintain program/project information for Energy Efficiency Measurement and
Validation (EMV)
r Provide all components of residential and commercial visits, technical guidance, and
field support (audits/inspections)
¡ Compliance reporting {SB 1037, California Air Resources Board (CARB) and Low Carbon
Fuel Standard (LCFS)
r Third-party contractor oversight
r Budget and goal tracking
r Legislative and regulatory updates and reporting
r NCPA representation
Estimated compensatlon for the two-year contract term is $190,600.
ExpenSeq
Travel expenses associated with delivering the services shown in Exhibit B, Section A are
not included in the not-to-exceed budgetof S180,600. Travelexpenses are invoiced in
addition to the budget shown in Exhíbit 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 Vehicle (EV) Program Design (one tlme):
¡ ldentify, analyze, and recommend Lodi Electric EV alternatives for implementation
r Establish specifications, administrat¡ve requirements, implementat¡on requirements
r Create application forms
¡ Develop EV program marketing mater¡als
o Perform information outreach to local car dealerships and others
Compensation for this one-time service is $5,000.
C. Resldential Snapshot and Dlrect lnstall (Dll Measures
r Direct installation of energy efficiency measures into homes
r Perform energy efficiency audit in homes
o Dístribute informational materials and promote EU programs
o Warranty fulfillment of measures
¡ Database management of measures, customers, and energy savings
o Complete program administration
o Coordinate actlvlties with LEU staff; provide customer service
r Pricing of Dl measures is given in the statement of work
Estimated compensatlon for the two-year contract term is $245,000,
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-year contract term is s10,000.
2.
3.
EXHIBIT C
NOTE: The Clty of Lodl ls now uslng the onllne lnsurance program PINS Advantage. Qnce you have been awarded a
contractyou wlll recelve an email from the Clty's onllne lnsurance program requestlng you to fotward the emall to your
lnsurance provlder(s) to submltthe requlred Insurance documentatlon electronlcally
hg,qruçgRe.fl ¡lrsmeJtp.f o¿qlog jLÈo.ntf qç"h
lNot,conátructlon or,reouirlnu orofesslônel llabllltvl
Contractor shall prooure and maintaln for the duration of the contract insurance against claims for inJuries to persons or damages
19 CroRertV whlch may arise from or in conneotion with lho performance of the work hereunder and the results of that work by the
Contraotor, hls agents, represêntatlves, employeee or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
GommerclalGeneral Llablllty (CGL): lnsurance Servlces Office Form CG 00 01 coverlng cGL on an "occurrence" basls,lncludlng
products and completed operations, property damage, bodily injury and personal & advertlslng lnJury wlth llmits no less thañ
$2,000'000 per occurrence.lf a g_eneral aggregate llmit applies,'either tfre general aggregate tiñrlt ånáll apply separately to thls
proJeoUlocation (lSO CG 25 03 or 25 04) or the general aggregate llmit shall be twlce the requlred occurrence llmlt,
Automoblle Llabllity: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hlred, and non-
owned autos with limit no less than $1,000,000 per accldent for bodlly injury and propeßy damage.
Workers' compensatlon: as requlred by the State of Callfornia, with Statutory Limlts, and Employer,s Llabllity lnsurance wlth limit
of no loss thqn $1,000,000 per aooldent for bodiiy inJury or dlsease.
Other lqsurançe Proylslons :
Addltlonàl Named lnsurêd Slãtus
The City of Lodl, its elected and appolnted boards, commlsslons, off¡cers, agents, employees, and volunteers are to be covered
ag additlonal lnsureds on the CGL and auto policy wlth reepect to liabllity arising out of work or operatlons performed by or on
behalf of the Contrsotor including materials, parts, or equipment furnlshed ln connection with such work or operatlons. éeneral
[a!lt!ty ggverqge can be provided in the form of an endorsement to the Contraclor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or lf not avallable, through the addltion of both CG 20 10, Cc 20 26, Cc 20 33, or CG 20 aS; g!çl CG 20 37 iÍ a
later edition ls used
Primerv, and NoniContrlbuto-ôLl naUranee;Fndorsemq.Al
The limits of insurance coverege requlred may be satlsfied by a combination of primary and umbrella or Excess insurance. For
any clalms related to this contract, the Contracto/s insurance coverage shall be prlmary coverage at least as broad as ISO CG
20 01 0j 13 as respects the Ent¡ty, its officers, officials, employees, and volunteers. Any insurance or self-lnsurance malntained
by lhe Entlty, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
wlth lt.
Walvqr of $ubroqation. Contractor hereby grants to City of Lodi a walver of any right to subrogation whlch any insurer of said
Contractor may acqulre agalnst the City of Lodl by virtue of the payment of eny loss under such insurance. Contractor agrees to
obtain any endorsement that may be neoessary to affect thls walver of subrogation, but thls provlsion applies regardless of whether
or not lhe City of Lodl has recelved a walver of subrogation endorsement from lhe lnsurer
NOTE; (1)The street address of the rlTY oF LoPl must be shown along with (a) and (b) and (o) above: 221 West Plne Street,
Lodl, Callfornla, 95240: (2) The insurance certificate must state, on its fac€ or as an endorsement, a descrlption of lhe proigct
that it is lnsuring,
S e ve ra blli tv gf.Lqls¡csUgla usg
The term "lnsured" ls used severally and not collectlvely, but the incluslon herein of more than one insured shall not operate to
lncrease the limit of the company's liablllty under lhe Contraotors commerclal general liabillty and automoblle llabillty policles,
NgticçrotGân0ellatioiì 0f Çhanqe ln covÊiaqe:Endofsemgnt
Thls pollcy may not be canceled nor the coverage reduced by the company withoul 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, Clty of Lodl, 221 West Pine St., Lodi, CA 95240,
(a)
(b)
(o)
(d)
(e)
Pagellof2pages Risk; rev, 31112018
(D Gontinuity of Cgveragg
All pollcies shall be in effect on or beforo the first day of the Term of thls Agreement. At least thlrty (30) days prlor to the expiratlon
of eaoh insurance policy, Contraotor shall furnish a cerlificate(s) showlng that a new or extended polioy has been oþlalned whlch
meets lhe mlnlmum reguiremenls of this Agreement, Contraotor shall provlde proof of conlinulng lnsurance on at least an annual
basis during lhe Term, lf Conlractor's insurance lapsee or is disconllnued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance, Contraotor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termlnalion of coverage which is at least conslstent with the olalms period or
statutes of limitatlons found ln the Calífornia Tort Claims Act (California Government Code Section 810 et seq,).
Fallure to Gomply
lf Gontractor falls or refuses to obtain and maintain the required insurance, or falls to provide proof of coverage, the City may obtain
ihe lnsurance, Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect ln California, The Glty shall notify Conlraclor of such payment of premlums within lhlrty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of lnterest, Contraotor shall pay such reimbursement
and interest on the fìrst (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor falls or refuses to obtaln or maintain insurance as required by this agreement, or fails to provlde proof of lnsurance,
ihe Cily may terninale this Agreement upon such breaoh. Upon such termlnatlon, Contractor shall lmmediately cease use of the
Site or facilitlos and commence and diligently pursue the removal of any and all of ils personal property from tho slte or facllities,
Verlfleaflon <if Covgragp
Consultant shall furnish the City with a copy of the policy declaratlon and endorsement page(e), orlglnal certiflcates and
amendatory endorgements or copies of the appllcable policy language effeotlng coverage requlred by this clause, All certlficates
and endorsements are to be recelved and approved by the City before work oommences, However, failure lo obtaln thE required
doouments prior to the work beginning shall not waive the Consultant's obligation to provide them, The City reserves the right to
require complete, certilied coples of all required insurance pollcies, lncluding endorsements reguired by these speolfioatlons, at
any time. Fallure to exercise thls rlght shall not constitute a walver of the Clty's rlght to exerıise after the effective
date.
Self-lnsured Retentions
Self'lnsured retentions must be doclared to and approved by tho Clty, The City may require the Consultant to provlde proof of ability
to pay losses and related lnvestigallons, claim admlnlstratlon, and defense expens€s withln the retentlon, The pollcy language shaíl
provide, or be endorsed to provide, that the selflnsured retenlion may be satlsfied by either the named lnsured or City,
-
lnsurance Limits
The limlts of lnsurance descrlbed herein shall not limit the liabllity of the Conlractor and Contractor's officere, employees, agenlsr
representatives or subcontractors. Contraotor's obligation to defend, lndemnlfy and hold the City and lts offlcers, officlals,
employees, agents and volunteets harmless under the provisions of thls paragraph is not limited to or restricted by any requirement
ln the Agreement lor Contractor to procure and malntain a policy of insurance.
(s)
(h)
(l)
0)
(k)
(l)
Súbconlraolofs
Consultant shall require and
Consultant shall ensure that
verify that all subcontractors maintaln insurance meeling all the requirements staled herein, and
City is an additional lngured on insurance requlred from subcontractors
AgAllfied lhsgrerlp)
All insurance required by the terms of this Agreement must be provided by lnsurers licensed to do businees in the Slate of
Callfornla which are rated at least "A-, Vl" by the AM Best Ratings Guide, and whlch are acceptable to the City. Non-admitted
surplus lines carrlers may be âccepted provided they are lncluded on the most recent llst of Callfornia eligible surplus lines
insurors (LESLI list) and otherwlse meet City requirements.
Pâge 2 | of2 pages I Rlsk: rev.3l1l2O18
AMENDMENT NO. 2
THE SALVATION ARMY
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
SALVATION ARMY, a California Domestic Non-Profit,corporation (hereinafter 'CITY'), and THE
(herein after' CO NTRACTO R' ).
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, 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, on June 3,2020, CONTRACTOR and CITY amended the Agreement to expand the
Contractor's scope of services, to serve as a third-party administrator of the Customer Assistance
& Relief Energy (CARE) Package program, the Amendment is attached hereto as Exhibit 2 and
made a part hereof; and
4. WHEREAS, the CARE program will be extended through June 30, 2021 and
S. WHEREAS, by approval of Resolution No. 2020-121, 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 $1 02,000.
NOW, THEREFORE, the parties agree to amend the Agreement to extend the term of the
Agreement to and including June 30, 2021.
lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on
the date and year first above written.
CITY OF LODI, a municipalcorporation THE SALVATION ARMY, a California
Domestic Non-Profit
STEPHEN SCHWABAUER
City Manager
Attest:
MARK GOSVENER
Chief Operating Officer
Approved as to Form
JENNIFER CUSMIR
City Clerk
JANICE D. MAGDICH
City Attorney
AMENDMENT NO. 1 EXHIBIT 2
THE SALVATION ARMY
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDJVIENT NO..1 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this àMday of , 2020, by and between the CITY OF LODI, a
municipal corporation (hereinafter "CITY'), and THE SALVATION ARMY, a California Domestic 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 1 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. 2020-121, Lodi City Council has.authorized the
City Manager to increase CARE Program third-party adminístrator contract limits by an
indefinite amount each, however, collectively, not-to-exceed $102,000 for applications
processed effective immediately upon approval of Resolution No. 2020-121 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 N
SC ER WILD
City Manager ajor Divisional Commander
Attest:as to Form
.-fr-
NOW, THEREFORE, the parties agree to amend the Agreement to increase the contract
limit by an indefinite amount for each third-party administrator, howev.er, collectively, not-to-exceed
$102,000 for applications processed effective immediately upön approVal of Resolution No. 2020-
121 by City Council until August 31,2020.
PAMELA M. FARRIS
City Clerk
D. MAGDICH (y
öl
EXHIBIT L
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Partles
THIS AGREEMENT ls entered lnto on&t5â0, 2019, by and between the CITY
OF LODI, a munlclpal corporation (hereinafter "C|TY"), and The Salvation Army, a
Callfornla Domestic Non-Profit (herelnafter "CONTRACTOR").
Sectlon 1,2 Purpose
CITY selected the CONTRACTOR to provide the servlces requlred in
accordance with attached Scope of Servlces, Exhlblt A, attached and incorporated by
this reference.
CITY wlshee to enter lnto an agreement wlth CONTRACTOR for adminlstration
of the Lodi Electrlc Utility CARE Emergency Energy Assistance Program (herelnafter
"Project") as set forth ln 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,f $cooe of Sefvlcee
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 Tillrc For Gomrnencement and GOmpletlon of llVork
CONTRACTOR shall commence work pursuant to thls Agreemont, upon recelpt
of a wrltten notlce to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services dlllgently and complete work under
this Agreement based on a mutually agreed upon tlmellne or as otherwlse designated in
the Scope of Servlces.
CONTRACTOR shall subm¡t to CITY such reports, diagrams, drawings and other
work products es may be deslgnated in the Scope of Services,
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or revlew documents wlthin the appropriate tlme framee.
The revlew time by CITY and any other agencles involved ln the project shall not be
counted against CONTRACTOR's contract performance period, Also, any delays due to
t
weather, vandalism, acts of God, eto., shall not be counted. CONTRACTOR shall
remaín in contact with reviewlng agencies and make all efforts to review and return all
comments.
Sectlon 2.3 lUleetlhss
CONTRACTOR shall attend meetings es may be set forth in the Scopo of
Servlces.
Section 2.4 Stlrffinq
CONTRACTOR acknowledges that CITY has relled on CONTRACTOR's
capabilltles and on the quallflcatlons of CONTRACTOR's prlnclpals and staff as
identifled in its proposal to CITY. The Scope of Sewices shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CIW shall be notlfied
by CONTRACTOR of any change of Project Manager and CITY is granted the rlght of
approval of all original, addltional and replacement personnel at CITY's sole dlEcretlon
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 ls prepared to and can perform all servlces
specified therein. CONTRACTOR represents that lt has, or wlll have at the tlme this
Agreement ls executed, all licenses, permits, qualificatlons, lnsurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practlce its profession, and
that CONTRACTOR shall, at lts own cost and expense, keep in effect durlng the life of
this Agreement all such llcenses, permits, qualificatlons, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs assoclated wlth such
licenses, permits, qualifications, insurance and approvals which may be imposed agalnst
CITY under this Agreement.
Section2.S Subcontracts
Unless prlor written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract wlth any other party for purposes of providing any work or services
covered by this Agreement.
Sectlon 2.6 Term
The term of this Agreement commences on July 1, 2019 and termlnates upon the
completion of the Scope of Services or on June 30, 2021, whichever occurs fírst.
2
ARTICLE 3
COMPENSATION
SectionS.l 0ompenoatlon
CONTRACTOR's compensatlon for allwork under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto ae Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such addltionalwork is approved in advance and in writing by CITY,
Sectlon 3.2 Method of Pavment
CONTRACTOR shall submlt involceE for oompleted work on a monthly basls, or
as otherwlse agreed, provldlng, wlthout llmltatlon, detalls as to amount of hours,
individual performing said work, hourly rate, and indlcatlng to what aspect of the Scope
of Servlces said work is attrlbutable. CONTRACTOR's compensatfon for allwork under
this Agreement shall not exceed the arnount of the Fee proposal.
Section 3.3 Gosts
The Fee Proposal shall include all relmbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent ln the original Scope of Servlces shall
be approved in advanced and in writing, by ClW.
Sectlon 3.4 Audltlns
CITY reserves the right to periodlcally audit all charges made by CONTRACTOR
to clTY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a deslgnated 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 thls Agreement,
CONTRACTOR agrees to provide CITY or its delegate with any relevant informatlon
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal busirlese hours for the purpose of lnterviewing employees and
inspecting and copying such books, records, accounts, and other material that may bc
relevant to a matter under investigation for the purpose of determinlng compliance with
this requirement. CONTRACTOR further egrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
3
ARTICLE 4
M¡SCELLAN EOUS PROVISIONS
Sectlon4.l Nondiscrlmlnatlon
ln performlng services under thls Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basls of rece, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Cqmþllanoo
ln performing services under thls Agreement, CONTRACTOR shall comply with
the Americans with Disabllities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulatlons and guidelines lssued pursuant to the ADA.
Soet¡on 4.3 lndemnlllastlon,and Resronelbllltv for Dsmage
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 (includlng
reasonable attorney's fees and costs), arlslng out of performance of the serulces to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense ls caused by the negllgent âcts, errors or omlsslons of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyonE dlrectly or indirectly
employed by any of them, or anyone for whose acts they may be llable, except those
injuries or damages arising out of the active negligence, sole negligence, or Eole willful
misoonduct of the Clty of Lodi, lts elected and appolnted officials, direclors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or particlpate
in the defense of any claim related in any way to this indemnlflcation. lf CITY chooses at
its own election to conduct its own defense, participate in lts own defense, or obtain
independent legal counsel in defense of any claim related to this indemnlflcatlon,
CONTRACTOR shall pay ali of the costs related thereto, including wlthout limitetion
reasonable attorney fees and costs. The defense and lndamnification obllgations
requlred by thls Agreement are undertaken ln addltion to, and shall not ln any way be
limited by the insurance obligatlons set forth herein.
Section 4.4 No Fereonal Llabllltv
Neither the City Council, nor any other officer or authorlzed assistant or agent or
City employee shall be personally responslble for any liability arising under thls
Agreement.
4
Sectlon 4.5 Rasponelbllltv of C|IY
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 provlded herein.
Sectlon 4.6 lneurance Reoulrements for CONTRACTOR
CONTRACTOR Ehall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by thls
reference.
Section 4.7 Succeseors and AgslEns
CITY and CONTRACTOR each bind themselvee, their partners, successors,
asslgns, and legal representatives to this Agreement without the wrltten conEent of tho
others. CONTRACTOR shall not assign or transfer any interest in thls Agreement
without the prior wrltten consent of CITY. Gonsent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Ngllges
Any notice requíred to be given by the terms of this Agreement shall be in wriling
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 overnlght
dellvery, postage prepald, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepald, addressed to the respectlve parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O, Box 3006
Lodi, CA 95241-1910
Attn: Astrlda Trupovnleks, BuEinees Development Manager
To CONTRACTOR: The Salvation Army
525 W. Lockeford Street
Lodl, GA 95240
Attn: Malor Mark Thielenhaus
Section 4.9 Cooperatlon of CITY
CITY shall cooperate fully and in a timely manner in providlng relevant
lnformation it has at íts dlsposal relevant to the Scope of Servlces.
Sectlon 4.10 99NTRAGTOR le Not an Ernplove_e of CIII
CONTRACTOR agrees that ln undertaklng the duties to be performed under this
Agreement, it shall act as an independent contraotor 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. CITY, however, retains the right to
require that work performed by CONTRACTOR meet spec¡fic standards without regard
to the manner and means of accomplishment thereof.
Sectlon 4.1'l Termlnatlon
CITY mey terminate thls Agreement, with or wlthout cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are antlclpated
withln the Scope of Servlces, at whlch an intermediale decision ls requlred concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termlnation, CONTRACTOR shall be entitled to payment as set forth ln the
attaohed Exhlblt B to the extent that the work has been performed. Upon termlnatlon,
CONTRACTOR shall immedlately suspend all work on the Project and dellver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expensês or lost proflts resultlng from servlces not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon thls Agreement.
Sectlon 4.12 Confidentlalltrl
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, exoept to the extent othenruise requlred by. law or
permitted in writlng by CITY. CITY agrees to maintain confidentlality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permltted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Apollcable Law. Jurlsdlctlon. $ey"orqbllltv,..and Attor0gJ¿ls Feeg
This Agreement shall be governed by the laws of the State of California,
Jurisdiction of l'rtigatlon 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
appllcable laws, such part shall be inoperatlve, null, and void insofar as lt is in conflict
with said laws, but the remainder of thls Agreement shall be in force and effeot. ln the
event any dispute between the parties arlses under or regarding this Agieement, the
prevalllng party ln any litigation of the dispute shall be entitled to reasonaþle attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
6
Sectlon 4.14 Oltv Bu¡lness Llconse Requlrement
CONTRACTOR acknowledges that Lodi Municlpal Code Sectlon 3.01.020
requlres CONTRACTOR to have a city business llcense and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performlng any work
hereunder.
Sectlon 4.15 Caotione
The captions of the sections and eubsections 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 lnteoratlon and Modlflcatlon
This Agreement represents the entire understandlng 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 excepl in writing, signed by
both partles.
Section 4.17 Contract Terms Prevail
Alt exhiblts and this Agreement are intended to be construed as a single
document. Should any lnconsistency occur between the specific terms of thls
Agreement and the attaehed exhiblts, the terms of this Agreement shall prevail.
Section 4.r8 $ey@i!l$¿
The invalidity in whole or in part of any provision of thls Agreement shall not void
or affect the validity of any other provision of thls Agreement.
Sectlon 4.19 Ownershln of Documentg
All documents, photographs, reports, analyses, audlts, computer media, or olher
material documents or data, and working papers, whether or not ln final form, whlch
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 buslness hours, Upon termination or
completion of services under this Agreement, all lnformatlon 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
llability resulting from CITY's use of such documents for any purpose other than the
purpose for whloh they were intended.
7
Section 4.20 Agl]þ¡!!r
The undersigned hereby represent and warrant that they are authorlz'ed by the
parties to execute this Agreement.
Section 4.21 Fe,deral Translt Fundlnq Cpndltions
tr lf the box at left is checked, the Federal Transit Funding conditlone attached as
Exhibit D apply to this Agreement. ln the event of a confllct between the terms of this
Agreement or any of its other exhlbits, and the FederalTransit Funding Condltions, the
Federal Transit Funding Conditions will control,
tN WTNESS WHEREOF, clTY and CONTRÁCfon have executed thls
Agreement as of the date flrst above wrltten.
CITY OF LODI, a munlclpalcorporation
AfiEST:
Clerk City Manager
APPROVED AS TO FORM:
JANICE D. MAGDICH, CitY AttorneY
"l,-t--'
Name:
Tltle:
Attachments:
Exhlblt A - Scope of Serylces
ExhlbltB-FeeProposal
Exhlblt C - lnsurance Requlrements
Exhlblt D - Federal Tranglt Fundlng Condltlons (lf appllcable)
Fundlng Source: 50485t00.72450,Admlnlstratlon
(Buslness Unit & Account No.)
Doc lD:
CA:Rcv.01.201S
The Salvation Army, a Californla Domestlc
Non-Profit
Dlvlslonal Commander
By
I
EXHIBIT A Scopc of Servlces
Clty of Lodl Electrlc UtllltyCARE Emergency Energy Asslstance Program
The Salvation Army wlll administer the CARE Emergency Energy Assistance Program whlch lncludes the
followlng actlvlties:
1. Provlde all customer âppllcatlon lntake lncludlng revlewlng electrlc utlllty customer ellglblllty
requlrements, and approval of a customer's applicatlon ln thls emergency energy asslstance
program
2, Malntaln elther a hard copy flle or an electronlc flle wlth back-up of each electrlc utlllty
customer who has applled for asslstance for three years. This includes applicatlons that have
been approved and unapproved. The flle must conteln coples of the documentatlon requlred
3. Provlde a year-end electronlc spreadsheet of customers who have applled for asslstance wlth
name of account holder, account number, servlce address, approved/unapproved, and amount
of asslstance by July 30th
4, Take standard, reasonable care to malntain confidentiallty of lnformaflon.
Customor EllçlblliW Røqylremsntq
1. Must meet Income guldellnes as provlded bythe LEU. The lncome guldellnes are the same as
under the San Joaquin County Low lncome Home Energy Asslstance program (LlHEAp).
Households wlth gross household lncomes at or below 60% of State Medlan lncome levelare
ellglble.
2019 lncome Guldellnes by number of people at 60% of State Medlan lncome {SMtf :
I 2 3 4 5 6 7 8 9 10
2,t70.74 S2,838,66 s3,s06.s8 i4,174,50 s4.842.42 s5,510,34 s5,635.58 ss,760.81 5,886.0s s6,011,28
2. Electric Ut¡l¡ty customer has not recelved asslstance by thls progrâm ln the past slx months;
3. Customer must present (ln person) the following documentatlon to quallfy for an asslstance
payment. Thls lnformatlon wlll be copled and retalned ln a flle for three years.I Current Clty of Lodl utlllty statement
¡ Soclal Securlty cards for ALL members of the household, and a drlvey's license or
Callfornla lD card of the account holderr Proof of current lncome
. Cufrent rental agreement of servlce premlses
¡ Current Clty of todl customer payment plan agreementr lndlcate reason why emergency energy asslstance pãyment ls needed; provlde any
documentatlon reflectlng thls need
4. The asslstance payment ls for up to SftO whtch only pays for the electrlc utility component of
the blll, The customer ls requlred to demonstrate the payment of all other charges (water,
wastewater, trash collectlon) prlor to the assistance payment belng authorlzed by the Salvatlon
Army, The acceptable forms of documentâtlon lnclude current utlllty blll showlng payment,
recelpt prepared by the Clty of Lodl showlng payrnent, and/or a copy of the Clty of Lodl payment
plan.
5r¡btälbÈlon of a0þllGr¡t¡0n (o Gltv, ánÉ lnvolcl[r
The Salvatlon Army wlll electronlcally convey approved appllcatlon upon recelpt to
atrqqoyn lþl¡s @lodl,sov
The asslstance wlll be applled to the blll as soon as practlcal by thê Clty of Lodl.
2
Exhlblt B Compensatlon Plan
The Salvatlon Army wlll lnvolce for all adminlstratlve work performed at a rate of S45 per customer
verlflcatlon/certlflcatlon wlth a cap of 51O000. The lnvolce wlll be submltted to Lodl the flrst day of
each month, payable wlthln thlrty (301 days of the lnvolce date,
EXHIBIT C
NOTE: Thø Clty ol Lodl Is now uslng the onllno lnsunnce prognm PINS Advantage, once you have been awatded a
conlraet you wlll rccølve an emall lrom þe Clty's onllne lnsura,nce prcgæ,m nguestlng you to \o¡wa¡d the amall lo yout
lnsurance provldeils) 1o submltthe nqulred lnsurance documonþilon electrcnlcalty -
lnrurrnce Rsoulmment¡ for Pfcifeselonal Be¡vlceq
Conkactor shall procure and malntaln for the duration of the contraot lnsurance agalnst olalms for inluiles to persons or damãgsa
þ ProPertY which may arise from or in conneclion with lhe pcrfomance of thc worù hercunder and the reeults of that woû by[hc
Conkactor, hls agente, reprcaentatlves, employces or subcontrac,torg.
MINIMUM SCOPE AND LIMIT OF IÍ{SURANCE
Coverage ehall be at least ae broad as:
Commsrclal General Llablll$ (CGL); lnsurance Services Oflice Fom cG 00 01 covering CGL on an "occunence" basi3, lncluding
g1o!y_cl! qntl completed operations, property damage, bodily iniury and personal & advertising injury with limits no less thañ
S1,000,000 psr occurlenoð, !le g9!9ral aggrcgatê lfmlt applies, elther thi gancral aggregåtô llrñlt étrfi apply ecparately to thlJ
proJec{/ìocatlon (lSO CG 25 03 or 25 04) or the general aggregalc llmit shall bc twlce tñà raqulred occunendd linrlt,'
Automoblle Lla-blllty: ISO Fom Number CA 00 01 coverlng any auto or lf contrector hae no owncd auto¡, thcn hhed, and non-owned autog wlth limlt no less than $1,000,000 per accldent for ¡ö¿tly lnjury and property damage.
W-orkcf!' Gompenratlon_: as roqulred by the slate of Callfomla, with Stalutory L¡mits, end Employe/o Llablllty lnsuranco wlth llmlt
of no lees than $1,000,000 per accident for bodlly injury or dlseaac.
fTol?93,l9Jtal Llcblllty (Effor3 and omleolons) ln9urance appropilate to th€ consultsnlls proþsslon, wlth llmlts not loss thanll '000'000 Per occur€ncc or clalm, $2,000,000 aggregale, May be waived by Rlek Mandgcr dopnelng o; tlio ecope of scrvlceg,
Other lnturance Provlelon¡l
Addlllonål NâmÉd lnsvrsd gtatug
The Clty of Lodl, lts elected an_d aPpoínted.boards, commlsslons, olllcers, agents, employccs, and volunleers are to be covered
Es addlüonaf lneureds on the CGL and auto polioy wllh r€Bpect.to ltablllty e-rlelng out'of worlt or op€râllom pelormeO by or on
b€half of the tontraclor lncludlng. mEterlala, parb, or oqulpinent furnlshed ln ooñneç{lon with eucli wortt òi ópãrárioni <5¡norai
llablllty coverage ey f9 ntovl{9d ¡n thô fom of an cndôrsem€nl to tho oontr¡ôIo/s lnsufåncê (at l€edt aa drsad ae ISO Fsm
CG 20 l0 11 85 or lf nol available, through the addlllon qf both CG 20 10, CG zO2O,CG20 33, òr CG 20 COi g¡C CG 2031 lìt a
latcr edltlon ls uged
PfJmary,and No[,.Contrlbutorv,lnsumnce Etldqßomont
The llmlte of lneuÞnco'coverage required may be satlefied by a comblnation of prlmary and umbrella or €xoesa lnsurance. For8ny clallh3 ælated to thls contract, lhe Contras:lor's insurancecoverege ahall ¡e þdmari coverag€ at lea¡t ¡¡ ¡loa¿ ai tSO cê
?0 01 q4 13 as respaols the Entlty, its oflicep, oflclals, employoes, and volunteere, Any lnsulañce or selflnsuranc€ malnlalned
by the Entity, its offlcerg, offlclala, employees, o¡ volunteers sháfl ¡e êxcas of the Contrácto/s insurance and shall nol oontrlbute
wlth lt,
lVâlYðÎ Pf subrooâtlqñ contraolor hgPby grads to Clty of Lodl a walver of any rtght to subrogailon whloh any lnsuror of eald
contracìtor may acgulre againat the Clty of Lodi by virlue of the payment of any Ées-under guch insurance. Conirac.tor agreee lo
obtaln any endorsement that may be neceseary to effectthb welvei of subrogation, but thie provislon appllca regerdlesg ofi¡trether
or not the Clty of Lodi has rec€lvcd a walver of subrogatlon êndorsemênt fróm tha lnsurer
NOTEI (!) The street address of lhe $lfrQf.l¡Qllmuot be shown along wlth (a) and (b) and (c) above: 221 west plñe Strcet,
Lodl, Callfornla' 95240; (2) The lnsurance cerllficate musl stat€, on lts facs or aB an ondora€ment, a descrlptlon of the ¡¡cieqithat it ia lnsurlng,
ffi
2.
3,
4,
(a)
(b)
(o)
(d) SgVs¡abllltvotlntáreÈtr0lauae
The term "lnsured" ie used eeverally an^d not collectively, but the inoluslon h¿rêin of more than one lnsured shall not operate to
lncreasê lhe llmlt of the oompanyþ llablllty under ths Contraclors commerclsl general llablllty and automobll€ llablllty poilàes,
may not be cancelod nor lhe coverage wlthout 30 pdor wrlttên notice of such
95240,
(e)
Pagellof2pagee
lo
the
221 Plne
Rlsk: ¡ev. 3l1no1Û
(0
Contraolor ¡hall
lnsuranco
sêq;).
(s)
(h)
(m)
FElluro to ôomolt{
iÌöôñtr:ffiüñiãrflläilr refuses to obtâtn and maintaln the requir€d insurance, orfalls to provlde proof olcovorage, the Clty.may oblaln
thi incuranc€, contraaor eháirem¡üóe ttre City nr prumlumr pald, wlth lnlorcal oñ.tho promlum. pald by the C.ll! at lhe mdxlmum
altowabte leoal rate lhen f n affeofin Camornla. The ctiy ahall noiffy Contraotor ql suoh payrnent of prcmlrtms wllhln lhlrly (00)days
ıiiärmoriiËiàttñltüJãmouni paid, the name(e) of thi¡ hsursr(ei and rote of hteresl. Contraotor ahsll pay suoh ßlmbursemcnt
àñãlñiäiertïn ¡6 ¡[¡;¡eti oqy orirrs month initowlng the Cttit¡ notloe. Nolwlthdtândlng any oth6r provl¡l¡tÈ df thfg 4greqmenlt
lf Contractor hlls or refusei to óUtaln or malntaln lnsu;anc€ Es rEqulrþd by lhls ågftomqñt, or lalls lo provldo pmof of lnauranee'
i¡ı ô¡iimÀV tãrrfnate ttfb Aéroemont upon such breach, Upon si¡ch tenilínatlon,.Oontraotor shåll lmmodlàtely cea¡o,u$e of the
SltE or'fadlíties and commen& anrl dl[gànlly pursuø.lhe rcm'ovel of âny and all ol lts pereonal property from thc ¡ltc or facllitlcs.
V6rlncåtlon ôf ,Covof60e
C-oñãüiËñiifr-atil-umËñ ttre Ctty with a copy of the pollcy doclaratlon and endoroemcrlt page(a)' orlglnel certlfìoates and
amendatory endorsemente or ıopbs of ltid applbable pbiloy lsnguage efeoting cov€ragerleqülfod by thls olauss' All oedllloatee
anC en¿onemenls arê lo be recËNeO and apþioved ¡i t¡e Otty ¡efore work commonoet, However, fallure lo obtaln the roqulred
dooumente prlor to the wo¡k þoglnnlng shall.not'walvo tho Oonsultant'e obllgállon to provlde lhcm, The Clly reE€rvêg lh€ rlghl lo
requlrs combþte, oedlñed copËs of d'il ¡equlreo lnEurance pôllolos, lncludhb 6ndor8êmont6 roqulrod by lheae apEclf,catlone' al
ani, ilme. fa'tturs to sxsrolgb thlb dght ihell not oonetiluto ¡ welver of lha Clty'r flght to exarclso efter lhe sflectlvo
date.
(i)Sell¡lnaured Retenllona
Seff;lnsured retanllons must ba declared
to pay lo$es and rolated investlgatlons,
provide, of be endorsed to provide, that
may
the sclf-insured rôlênllon may by
0)lnsursnc6 Llmits
frsjffiìtob¡lnsi¡ranca described hereln ehall not limlt th€ liabll¡ty,of the Oonlreô'tor and Contraôlô/o oflicarE' omployeee, agonb,
reprasentsllvee or ôubcontractors. Contractor'a obllgetion lo defEnd, lndsmnlfy and hold lhð Clty and lts ofllosrs, ofllclals,
edipbyees, agents and voluntgêrs hermloss.under lhaprovlsiona of lhls paragrâph lB not llmltôd lo or reslrlcted þy any roqulrom€nt
ln tho AgreEment for Côntraotor to pro0ufe and malntâh a polloy of lnsurance.
sübcontieqtoE
ııñdunanl gfr-all mqulre and verlly thst âll strbcontraotors mainlain lnsurånc€ m€eting all the requlremcnte etated hereln, and
eontullant shall onsure that Olty ls En addltlonal.ineured on lnsurane,s roqulred from Eubcontraotors
ClÉimg Made Poltclee
tf àni of ttre requlrod pollol9s pfovldê ,coveifEgg on a clÊlm8,m8de baels:
ll ftrã Retróaotlvri Date muet'ba shown aîd must bo befo¡e:the dete of th€ conlract or the beglnnlng of coltmcl work,
2, lneurance must be malntalned and Evidence of lnsurance must be, provided for at least flve (5) years after completlon of the
contraot of wod<,
3, lf ooverage ls canceled or non-renewed, and nol reBlaced wlth anolhe¡ clalms-made policy form wlth a Rstroactlve Date prlor
to the contraot effectlvè,date, the CongultEnt must purchase "extended reporling" covêrãge for a minlmurn qf flve (5) years after
completlon of conlract worlç.
Quallflel lnsurel(e)
ÃÍingurencs requlrad by the terms of thls Agre€ment rflust be provlded by lnsuror¡ llcsnsed to dq buslnese ln lhe 8lât€ of
CÀ¡6mra wntbttïrE ¡aË¿ ãi reãJt ,l-, vr o/m" RM Baet Raurige oulds, ;nd whlch arp acccplacle to the clly, Non-a9mltlcd
surplu¡ únae canlere lhay be aocepteb prcvlOed they at6 ¡ndudéd 0rl th6 mosl Goent llsl of Callbrnla ellgible surpluo lhqs
insufers (LEsll líèt) and othcMlse moet city lequlrements'
(k)
(t)
Page 2 | of2 pagês 0 Rlsk: rev, 31112018
ø Salvation Army
Overall Status: Approved
9¿
lnfo Contract Number ProJect Number
CI ø sa6o
ProJect Name
Buslness Development
Department Name
Electrrc uilltty
ProJect Ststus
Approved
General Llablllty
Manual Entry
t0/01/2018 - l0/Ot/20.l9
Pollq/:02in2409
ln¡uren Wllls ln¡u¡¡nce .sgn lccs,of Gsltlo¡ntn;lnc
Each Occur€nce:
$2,o00,000
Fire Dêmsge (any one tlrel:
Med,exp (eny one personl:
$o
P€¡sonol/adv lnluryi
$2,ooo,ooo
General (Aggregalefl
Sc,ooo,ooo
Products{omp/op Aggl
$4,000,000
t
Approvod
Excess
Manu¿l Ëntry
'r0/0t/2018 - t0/0f/20t9
Pollcy¡ RI,VE50002lS08
!ßuet: wllllâ lnsurônco SoMcêR ôf côlltomtâ.&g
Llmlt
St,ooopoo Approvcd
Requested Documents Approved
Requlrements Notes:
AMENDMENT NO. 2
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 1 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, on June 3, 2020, CONTRACTOR and CITY amended the Agreement to expand the
Contractor's scope of services, to serve as a third-party administrator of the Customer Assistance
& Relief Energy (CARE) Package program, the Amendment is attached hereto as Exhibit 2 and
made a part hereof; and
4. WHEREAS, the CARE program will be extended through June 30, 2021; and
5. WHEREAS, by approval of Resolution No.2020-121,L.odi 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.
NOW, THEREFORE, the parties agree to amend the Agreement to extend the term of the
Agreement to and including June 30, 2021.
tN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 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:
MARK GOSVENER
Chief Operating Officer
Approved as to Form
JANICE D. MAGDICH
City Attorney
JENNIFER CUSMIR
City Clerk
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
JOAQUI N a California Charitable Non-Profit, (hereinafter "CONTRACTOR').
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered ínto a Professional Services Agreement on
August 20,2019, (the "Agreement"), attached hereto as Exhibit 't and made a part hereof;
and
2. WHEREAS, Gontractor was retained by the City to provide application administration
services for the Lodi Eleckic 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 íncreased
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, 2O2O temporary program termination date to allow CONTRACTOR sufficient time
for reporting and invoicing to the CITY; and
6. WHEREAS, by approval of Resolution No. 2020-121, 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. 2020-121 by City Council
until August 31,2020,
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-
121 by City Council until August31,2020.
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 COMMUNITY PARTNERSHIP FOR
FAMILIES OF SAN JOAQUIN, a California
Charitable Non-Profit
City Manager Executive Director
Attest:Approved as to Form:
'ill+?Ð
ity Clerk
4nni (æw(MAGDICH
EXHIBIT T
AOREEiIIENT FOR PROFESSIONAL SERT'ICE8
ARÎICLE I
FARTIESA¡ID PURPO9E
Seatlon'l.l Pañlcq
1Hl8 AGREËMENT ls cnùorcd lnto orûq\ÞZO1O, by and bohì,oon thc CtW OF
LODI, r munlcþrl ooçomllon (hcrclnaffer "Cì1V1, and Communlty partncnhlp for
Femlllc¡ of San Jo¡quln (hcrctnaltcr "CONTRACTOR,),
9cotlon 1.2 Pu?oom
CITY oclectctl lhc GONTRACTOR to provlde lhc ¡crylccs fequlnd ln sooordanco
wlth ¡ttrchcd Scope ol9ervlccr, Exhlbll A, ettaohsd and lnoorporatcd by thlr ruforcnoc.
CITY wlshc¡ to cntor lnto ¡n agrcament wlth CONTRACTOR forthc admlnlslr¡tlon
of the OARE cmcrg.noy mcroy m¡lctanoc Fogr.m (hentnaftcr iproJcof) a¡ ¡at foilh ln
thc scopc of Scrvlco ail¡ohed hsro ¡s Exhlbll A, coNTMCToR roknowladgc¡ thrl lt
lc quallfled to provlde suoh ¡ervlccr lo CITY.
ARTICLE 2
BCOPE OF TERVICE8
Srctlon 2.1 Soooe of Servloeg
coNTRAcroR, for thr bancflt end at thr dhecilon of otry, aheil pcÌform lhc
Scopo of Scrulccr ac ¡ct forth ln Exhlblt A,
3cctlon 2.2 Tlme.Fo[ Gommonoornont and Oomdotlon of ltlork
coNTRAcroR shall commrnoa wort punuant lo thle Agrccmcnt, upon rooclpt
of r wrltlcn nolloc to prooccd from CITY or on thc detc cct forlh ln gsoüon 2.6, whlohcvcr
ocour! flr¡t, rn¿ rhell pcrlorm ¡ll ¡ervlcec dlllgrnlly rnd oompletc wolk undcr thls
Agreament based on a mutually sgresd upon tlmelln€ or e¡ olhcrwlrc dcolgnrtcd ln ttre
Soope of Scrylocr.
coNTRAcroR ¡hallrubmll to clrY ¡uch rcporb, dlagramr, dnwtnga end othcr
work produclr m mly,bc dcrlgnrtcd ln lhc Scopc of gcrulcc¡.
CONTRACTOR ohrll not be rerpondblo for delayr orured by thc fellurc of CIW
ctaff to provldc ruqulrcd drtr q rcvlcw documcnl¡ wllhin thr approprlatc tlmc f¡emc¡.
Thc revlcw llmc by CITY and any othcr agcnclc¡ lnvolvcd !n thc profrot shall not bs
countrd agalnct CONTRACTOR,! oontnac,t pcrformanoo prriod. Al¡o, rny deleyo due to
woathcr, vandallrm, act¡ of god, clc., ¡hall not bc counlcd. CONTRACTOR rhall
t
romaln ln oontaot with revlewlng agenoles and make alleffortg to rovlew and return all
comments.
Sectlon 2,3 fULeetl¡gs
coNTRAcroR ghall attend meeüngs as may be set forth ln the scope of
Servlces.
Sectlon 2.4 Staffinq
coNTRAcroR acknowledgea that ctry hae relled on coNTRACToR,s
capabllltles and on the quallflcatlone of CONTRACTOR's prlnclpals and gtaff as ldenflfled
in lts proposalto CITY. The scope of servlces shall be performed by coNTRAcToR,
unless agreed to othe¡wlse by CITY ln wrltlrg. CITY shall be noilfled by CONTRACTOR
of any change of Project Manager and CITY ls granted the rlght of approval of all orlglnal,
additional and replacement pereonnel at CITY's sole diecretion and ehall be notifled by
coNTRAcroR of any changes of coNTRACToR's proJeot etaff prlor to any change.
CONTRACTOR repreeents lt is prepared to and can perform allgervlceg wlthln the
Soope of ServlceE (Exhiblt A) and ls prepared to and can perform all servlces speclfled
therein' CONTRACTOR represents that lt has, or wlll have at the tlme thls Agreement is
executed, all llcenees, permits, quallflcatlons, ineurancê and approvals of whalsoevcr
nature are legally requlrad for CONTRACTOR to practlce lts profeselon, and that
CONTRACTOR shall, at its own cost and expense, keep ln effect durlng thc llfe of thls
Agreement all euch llcenses, petmlts, quallflcatlons, lnsuranoe and approvale, and ehall
lndemnlfy, defend and hold ha¡mlEse CITY agalnst any costs aseoolated with such
llcensee, permits, quallflcatlons, lnsurence and approvals which may bc lmposed agalnst
CITY under thls Agreement.
Sectlon2.6 Subcontracts
Unlees prlor wrlttcn approval of CITY is obtalned, CONTRACToR shall not enter
lnto any subcontract wlth any other party for purpoees of provlding any work or servloés
covered by thls Agreement.
Sectlon 2.6 Tern
The term of thls Agreement commences on July 22,201 g and tormlnates upon the
completlon of the scope of services or on June 30, 202i, whlchever occurs flret.
2
ARTICLE 3
COMPENSATION
Section3.l GomoençFtlgn
CONTRACTOR's oompensatlon for allwork under thls Agroement shallconform
to the provlslone of lhe Fea Proposal, atlachcd hereto as Exhlblt B and inoorporated by
this reference.
CONTRACTOR Ehall not undertake any work beyond the scope of thls Agreement
unless such additionalwork ls approved ln advance and in wrlfing by ClTy.
sectlon 3.2 Method of PsvinÊnt {
CONTRACTOR ehall submlt lnvoicee for completed work on a monthly baele, or
as otherwlse agreed, provldlng, wlthout llmltatlon, detalls as to amount of houp, lndlvldual
performlng sald work, hourly rate, and lndlcatlng to what aspecl of the Scope of Servloes
esld work ls attrlbutablo. CONTRACTOR'a compeneallon for all work under thls
Agreemenl shall not exceed the amount of the Fee proposaf.
Sectlon 9.3 Co¡ts
The Fee Propoealehallinclude allrelmbursable costs requlred fortho porformanoe
of the Scope of SErvicee. Payment of additional relmbureable costs considered to be over
and above thoee lnherent ln the orlginal Soope of Servlces shall bc approved ln advanced
end ln wrltlng, by ClW,
Sectlon 3.4 Audltlns
CITY reserves the rlght to periodlcally audlt all charges made by CONTRACTOR
to clrY for eerulcea under thls Agreement. upon request, coNTRAcToR agrees to
fumleh CITY, or a deelgnated representatlvc, wlth neccsgâry lnformetlon and eeslstancE
needcd to conduct such an audlt,
CONTRACTOR agrees thet CITY or lte delegate will have the rlght to rovlew,
obtaln and copy all records pcrtalnlng to pcrformancc of this Agrecment. CONTRACTOR
egrees to provide CITY or lts delegate wlth any relevant informatlon requested and shall
permll CITY or lts delegate gccess to lts premlses, upon reasonaþle notioe, durlng normal
buslnoss houre for tho purpose of lntorvlewlng employecs and lnspeoilng and oopylng
auch books, records, accounts, end other materlalthgt may þe relevant to a matter under
invastigatlon for the purpoee of determlnlng compliance wlth
thls requlrement. CONTRACTOR further egreæ to maintain such records for a perlod of
three (3) yeare after flnal payment under thie Agrepment,
3
ARTICLE 4
MISCELLANEOUS PROVISIONS
Sectlon4.l Nondls.crlmlnatlon
ln performlng services undar thls Agreement, CONTRACTOR shall nol
dlscrlmlnate in the employment of lts employees or ln the engagement of any aub
GONTRACTOR on the baslE of race, color, rellglon, sox, sexual orlentâtlon, marllal status,
natlonal orlgln, ancestry, age, or any other crlteria prohiblled by law,
Scctlon 4,2 ADA Compllanoe
ln performlng eervlces under thls Agreement, CONTRACTOR ehall comply wlth
thc Amerlcana wlth Disabllltlce Act (ADA) of 1990, and allamendments thereto, as wcll
as all appllcable regulatlons and guldelines lssued pursuant to the ADA,
Scctlon 4.3 l$Ílelnnlllaetlonr¡nd Reroonrlbllltv for Dameqe
CONTRACTOR to the fullegt Extcnt permltted by law, shall indemnlfy and hold
harmlees CITY, lts elected and appolnted officlals, dlreotors, officere, cmployees and
voluntecrs from and againet any clalms, damages, logses, and expenses (includlng
reasonable attorney'ô feee and ço8ts), arlslng oul of performance of the servlcet to þe
performed under thie Agreement, provlded that any such clalm, damage, lose, or expense
is caused by thc negllgent acte, errore or omiEsione of CONTRACTOR, any suþcontractor
employed direclly by CONTRACTOR, anyone dlrectly or lndlrectly employed by any of
them, or anyone for whose aote they may be liable, except those lnJurloo or damages
arlslng out ol the actlve negllgence, solo ncgllgance, or sole wlllful mlsoonduct of tho City
of Lodl, its elected and appolnted officials, directors, offlcers, employeee and volunteers.
CITY may, et lte electlon, conduct the defenEe or partlcipate ln the defense of any clalm
related ln any way to this indemnificallon. lf CITY choosee at lts own electlon lo oonduct
Its own defense, participate ln its own defenee, or obteln lndependent lagal counsel ln
defense of any clalm related to lhis indomnlfication, GONTRACTOR shall pay all of the
coste related thereto, lncluding wlthout limitatlon reasonable attorney fees and oosle. The
dafense and lndemnificatlon obllgations requlred by thls Agreernent are undertaken in
addltlon to, and ehall not in any way be lirnlted by the lnsuranca obligations set forth hereln.
Sectlon 4.4 No PorsonalLlabllltv
Nelther the Clty Councll, nor any other offlc€r or authorlzed aEslstsnt or agent or
Clty employee shall be personally responsible for any llablllty arislng under thls
Agrecment.
4
Seetion 4.5 Resnon¡lblfltv of 0lTY
CITY shall not be held responslble for the care or protectlon of any materlal or
parts of the work descrlbed in lhe $cope of Servlces prior lo flnal acceplance by CITY,
except as expreasly provlded hereln.
Sectlon 4.6 lnsuranoe,Fequlremsnts foTGONTRAGTOR
CONTRACTOR shall take out and maintain during the life of thls Agreement,
ineuìance coverege a¡ eat forth ln Exhiblt C attached hereto and lncorporated by this
referenoe.
Section 4.7 Sucoo¡sors and Asslqna
CITY and CONTRACTOR each blnd themsolves, thelr partners, Buccessoro,
assigns, and legal representativee to thls Agreement wllhout the wrltten oonsent of the
olhers. CONTRACTOR shall not assign or transfer any lnlerest in thls Agreement wlthout
the prlor wrltten cons€nt of CITY. Goneent to any euch transfer shall be al the sole
dlscretlon of CITY.
Sectlon 4.8 e$gæ
Any notlce tequ¡red to be glven by the terms of thls Agreement shall be ln wrlting
elgned by an authorlzed rcprcsentativc of tho eender and ehall bE deemod to have been
given when the samc ls personally served or upon receipt by express or overnlght dsllvery,
postage prepaid, or three (3) days from the tlme of mailing if sent by first ctaes or cerlifled
mail, postage prepaid, addressed to the reapecflve parfies es follows:
To CITY: Clty of Lodl
221West Plne Street
P,O. Box 3006
Lodl, CA 95241-19'10
Attn: Buslness Development Manager
To CONTRACTORI Meredith Baker, Exeouilve Dlrector
Communlty Partnershlp for Fàmllles of San Joaquln
PO Box 1569
Stockton, CA S6201
Sectlon 4.9 Coopqretlon of CITY
CITY shall cooperate fully and ln a tlmely manner ln provldlng relevant lnformatlon
It has at lta dloposal relevant to the Scope of Servloes,
Section 4.10 CONTRACTOR la Not an Enlnlovee of CITY
' CONTRACTOR agress that ln undertaklng tha dutles lo be performed under thls
Agreement, lt shall act as en lndependenl contractor for and on behalf of CITY and not an
omployee of CITY. CIW ehall not direct the work and mcens for accompllshment of the
5
services ând work to be performed hereunder, CITY, howevor, rotalns the rlght to requlrc
lhat work performed by CONTRACTOR moet speclflc standards without regard to the
manner and mêans of accompllshment thereof.
Sectlon 4.1 ,| Tgrglngtlg¡
GITY may termlnate lhls Agreement, wlth or wlthout csuse, by glvlng
CONTRACTOR at least ten (10) days wrltten notice. Where phases are antioipated wlthln
tha Scope of Servlces, at whlch an intermedlate decision la requlred concernlng whether
to proceed further, CITY may termlnale at the conclueion of any such phaee. Upon
termlnatlon, CONTRACTOR shall ba entltled to paymenl ae set forth ln the attached
Exhlblt B to the extent that the work hae been performed. upon termlnation,
CONTRACTOR shall lmmedlately suspend all work on the Project and dellver any
documente or work ln progress to CITY, Howêver, CITY shall âssume no llablllty for costs,
êxpôns€s or lost profits resultlng from servlces not completed or for contracte entered lnto
by CQNTRACTOR with thlrd partles ln reliance upon thts Agreement,
Sactlon 4.12 9,srtl{E¡!Þ!lfl
CONTRACTOR agreee to malntain confldentlallly of ellwork and work products
produced under thls Agreement, exoept to the extent otherwise rcquired by law or
permltted ln wrltlng by GITY. CITY agrees lo malntaln confldentlallty of any documents
owned by coNTRAcroR and claarly marked by coNTRAcroR as "confldenflâ|" or
"Proprietaryo, except to the extent otherwlse requlred þy law or permltted ln wrltlng by
CONTRACTOR, CONTRACTOR acknowledges that CITY ls subJect to the Callfornia
Publlc Recorde Act.
sectlon 4.13 Applloeble- l¡aw, Jurledlgtlon. Sevorabllltv,and Attsrnqr/e paee
Thle Agreement shall be governed by the lews of the State of Callfornla,
Jurlsdlolion of lltlgatlon adslng from thls Agreement shall be venued wlth the San Joaquln
County Superior Court. lf any part of thls AgreemEnt is found to conflict wlth appllcable
laws, such part ahallbe lnoperative, null, and vold lnsofar ae it ls ln oonflict with eald lawe,
but the remalnder of thls Agreement shall bg in force and effect. ln the evenl any dlspute
between thc partles arlses under or regardlng this Agreement, the prevalllng parly ln any
lltlgatlon of the dlspute shall be entltled to reasonable attorney'a fees from the party who
doeE not prevall as determined by the San Joaquin County Superior Court,
Sectlon 4.14 Glty Bualnese Lloqnqe Reculrement
6
CONTRACTOR aoknowledges that Lodl Munlolpal Code Sectlon 9,01,020 requires
coNTRAcToR to heva a clly buslness llcense end coNTRAcroR agrees to
secure euoh llcense and pay the appropriate fees prior to performlng any work hereunder.
Sectlon 4.15 Caþtlone
The captlone of the eectione and subsectlons of thls Agreernent are for
convenlence only and ehqll not be deemed to bo relevant ln rcsolvlng any quesflon or
lnlerpretation or lntent hereunder.
Sectlon 4,1ô lnteqratlon and Modtflaatlon
Thls Agreemenl represente the entlre understandlng of CITY and CONTRACTOR
as to those mettors contalned herein. No prlor oral or wrltten understandlng shall ba of
any force or effecl with reepect to those matters covered hereunder. Thlo Agreoment may
not be modlfled or altar€d except in wrlflng, slgned by both pariles.
Sectlon 4,17 GontractTerms prevall
AllexhlbltE and thls Agreement are lntended to be construed ae a elngle document,
Should any lnoonsistenoy occur between the speclflo terms of thls Agreement and the
attached exhlblls, the terms of this Agreement shall prevell.
Ssctlon 4.18 Ssverabllltv
The lnvalldlty in whole or ln part of any provislon of thle Agreement shall not void
or affeot the validlty of any other provlslon of thle Agreement,
Sectlon 4.19 Ownershln of Þoaumente
All documents, photographs, reports, anaryses, audits, oomputer medla, or other
materlal documents or data, and working papero, whether or not ln flnal form, whlch have
becn obtalned or prepared under thls Agreement, shall be doomed lhe property of GlTy.
Upon CITY'a request, CONTRACTOR shall allow CITY to lnspect all such documente
durlng CoNTRAcToR's regular buelnese hours. Upon termlnatlon or complolon of
servicee under thls Agreement, ell lnformatlon collected, work product and documents
shall be delivered by coNTRAcroR to ctry wlthln ten (10) calendar daye.
CITY agrees to lndemnify, defend end hold CONTRACTOR harmlees from any
llabllity resulting from CITY'e use of suoh documents for any purpose other than the
purpose for whloh they were lntended,
Sactlon 4.20 Authorlty
The underslgned heroby represont and warrant that they arê authorlzed by the
partles to execute thls Agreemenl,
7
Soctlon 4,20 Authorltv
The undersþned hereby rcprescnt and warrant lhat thoy are authorlzad by thc
partles lo executc thfa Agreemenl.
Sectlo n 4.2 I Eqdor¡Lft¡ns lt,Fundl.nq Gondlfl onq
n lf the box at left ls checked, the Fedcral Translt Fundlng condltlons attabhed as
Exhlblt D apply to thls Agreemcnt, ln the event of a confllot between the terms of thls
Agrecment or any of its other exhlblts, and ths FcderalTransit Funding Condlilons, lhc
Federal Translt Fundlng Condlflons wlll conhol.
lN wlrNEss WHEREOF, ctrY and coNTRAcroR h¡vc sxecuted thla
Agreement as of the date flret above wrltten.
CITY OF LODI, a munloipalcorporaüon
ATTEST:
Clerk Glty Manager
APPROVEDAS TO FORM:
JANICE D. MAGDIC|'|, CltyAttorney
Fundlng Source:
Communlty Partnershlp
San Joaquln, Califomla
for Famlllca of
charltable non.profit
Att¡chments:
Exhlblt A - Scope of Servtcoo
ExhlbltB-FeeProposal
Exhlblt C - Ineurancc Rcqulrcmentr
Exhlþlt D - Fedoral Tran¡tt Fundlng Condllton¡ (lf rppilcable)
Tltle:Olrector
50486300.72450
(Buclness Unlt & Account No.l
Doc lD:
CArRev.o1.tro1s
I
EXH|E|T A Scope of Servlces
clty of Lodt Electrtc uilllty CARE Emergency Energy Asslstance progrem
The Communlty Partnership for Famllies of San Joaquln wlll admlnlster the GARE Emergency Energy
Asslstance Program whlch includes the followlng actlvltles:
1, Provlde all custorner appllcatlon intake lncludlng revlewlng electric uilllty customer ellglbillty
requirements, and approval of a custome/s appllcatlon ln thls emergency energy asslstance
program
2' Malntaln elther a hard copy flle or an electronlc flle wlth back-up of each electric utlllty
customer who has applled for asslstance for three years. Thls lncludes appllcatlons that have
been approved and unapproved. The flle must contaln coples of the documentatlon requlred
3' Provlde a year'end electronlc spreadsheet of customers who have applled for asslstance wlth
name of account holder, account number, seruice address, approved/unapproved, and amount
of asslstance by July 30th
4, Take standard, reasonable care to malntaln confldenflallty of lnformatlon.
Customer Ellelbllltv Reoulrements
1' Must meet income guidellnes as provlded by the LEU. The lncome guldellnes are the same asunder the san Joaquln county Low lncome Home Energy Asslstance program (UHEAp),
Households wlth gross household incomes at or below 60% of state Medlan lncome level are
ellglble.
2019 lncome Guldelrnes by number of peopte åt 60% of state Medlan rncome (sMl):
2' Electrlc utlllty customer has not recelved asslstance by thls program ln the past slx months;3' Customer must present (ln person)the followlng documentatlon to quallfy for an asslstancepayment. This informatlon wlllbe copled and retalned in a flle for three years,¡ Current Clty of Lodl utllity statement
' SoclalSecurlty cards for AtL members of the household, and a drlve/s llcense or
Callfornia lD card of the account holderr Proof of current lncomeo Current rental agreement of servlce premlses. Current Clty of Lodl customer payment plan agreement¡ lndlcate reason why emergency energy assrstance payment rs needed; provrde any
documentailon reflecUng thls need4. The asslstance payment ls for up to $110 whlch only pays forthe electrlc utlllty component of
the blll. The customer ls requlred to demonstrate the payment of all other charges (water,
wastewater, trash collectlon) prlor to the asslstance payment belng authorlzed by The
1 2 3 4 5 6 7 8 I 10s2,r70.74 s2,838.66 Ss,sos.ss S¿,tz+.so 54,B4z.4z s5,s10.34 S5,63s,58 $5,760.81 $s,ggo,os So,ou.zg
Exhlblt A Contlnued
Communlty Partnershlp for Famllles of San Joaquln. The acceptable fonns of documentatlon
include current utlllty blllshowlng payment, recelpt prepared by the Clty of lodlshowlng
payment, andlor a copy of the Clty of Lodl payment plan.
SubmlsSlon,oT Aoollcatlort to Cltt{ and lnvolclFs
The Communlty Partnershlp for Famllles of San Joaquln wlll electronlcally convey approved appllcatlon
upon rece¡pt to ptrunovnlêlts@lodl,Fov
The asslstance wlll be applled to the blll as soon as practlcal by the Clty of Lodl.
2
Exhlblt B Compensrtlon plan
The Communlty Partnershlp for Famllles of San Joaquln will lnvolce for ail admlnlstratlve wo¡k
performed at a rate of $45 per customer verlflcatlon/certlflcatlon wlth a cap of g1qo00. The tnvolce wlll
be submltted to Lodlthe flrst day of each month, payable wlthln thlrty (30) days of the lnvolce date,
1of1