HomeMy WebLinkAboutState of California Department of Community Services and Development (CSD) 2012-07-01' July 1, 2012-Septembcr 30, 201�3
Dircct Payment Agreement
Agreement No. 12Y'-1�2i
STATE OF CALIFORNIA
AGREEMENT
�Iltis A�reement consists of this sianature page, Exhibits A through F, and Attaclunents I through
IV, wl�icli are attadied hcreto and incorporated herein by this reference. It is entered into
betw�ecn the State of California, Department of Community Services and Development, and
thc Utility Company. City of Ukiah:
Utility Company: City of Ukiah
The term of this Agreement is: .Iuly 1, 2012 throuah September ;0, 2014
�
The maximum amount of this Agreement is: $-0-
, A�;reed to and approved:
' CONTRACTOR Cit� of Ul:iah
,
By: ��Gc� �,,�. �� � �r %Z % '
Aut io�zed Si_natu6e Dat Signa
��C�� l� � �l{ � /)1L}C� 5
� � i �t_� ���'-'�_u`C�<����� u�
', Printed Name and Title of Person Si��nim�
, _
Address: ��X,j� ` Y'I) 1ii1C��Y.� ���C
I � ft;�cil � �"/-3 '--i 5��� � _
N �
L� p
� / � C '�
Telephone: / L'� - �-�i�J -�i.�GL = c>m^
�� 1`l
�
.� � _1 /I /_ � � m
Pacsimile: ' `t �" � ��F �� p� I
� �m
c�p
STATE OF CALIPORNIA ao � I
Deparunent of Community Ser�ices and Devclopment � �
.o
y
� �
�
l3)': , '� ,' 11, 1 ' , � �y`"��� 1' '
' Authorized Sienature Date Signed
� Jean Johnson_ Depuri Director of Administrative Services
PriNed Name and l�ide of�Person SiRnin<,
Address: P.O. Box 1947
Sacramento. California 95812-1947
Telepl�one: (916) 576-7109 �
Facsimile: (916) 263-1406
,
I
Juh� 1, 2012-September 30, 2014
llirect Pa��ment Agreement
Ezhibit A
(Standxrd Agreement)
SCOPE OF WORK
1. Thc purpose of this Agreement between the Department of Com�nunity Scrvices and �
Devclopment. hcreinafter referred to as CSD or the Department, and the Cih' of Ukiah,
hereinafier referred to as Contractor. is for tl�e purpose of making direct credit to the
accounts of low-income encrgy customers of the Contractor that are identif ied by CSD as
payment recipients under CSD's Low-]ncome Home I;nergy Assistance Program
(LIHEAP), which includes the Home Gnerby Assistance Program (HEAP) and Energy
Crisis Intervention Yrogram —Fast Track (CC]P-FT).
I
2. LOCATION WHERE SERVICES ARG TO BE PROVIDED ,
Unless specified in writing. in advance. by CSD, the location of all services to be
pro��ided by CSD under this Aarcement ti�ill be at:
Department of Community Services and Development
Program Services and Support Unit
2389 Gateway Oaks Way. Suite 100
Sacramento, California 95833
3. ADDRESSES
All notices to the parties shall. unless otherwise requested in writing, be sent to �
Cont�actoi's address as follows: ��
NamcandTitle: �L�a� �1C��.U�:� � . �i'l ��Y—��l,L°_� L�lT}"fU���" �
� ,�., r� I/
Company name: ( l ,�f II �7���
�
Address: ;ii�� %J�il�lil�(�-f ��1�
City. State and Zip Code: ���,v�,�.v l , ���� G����i
or by facsimile to ( ���i7 ) �� - �G �'�,L'�
and to CSD's address as fbllows:
Kathy Andry_ Senior Maoa�er �
Department of Communit}� Services and Development
P.O. 13ox 1947
Sacramento. CA 95813-1947 '
Or by lacsimile to (916) 263-1651 �
ql I
I
I I
I Juh 1, 2012-September 30, 201a
Direct Payment Agrcemcnt
� EXIIIBIT I3
(Standard A�reen�ent)
BUDGET DLTAIL AND PAYMENT PROVISIONS
1. YAYMCNT
Contractor w�ill not recei��e any direct financial consideration under this Agreement.
2. CSD'S PROJECT COORDINATOR
The Manager of the I:nergy and Lnvironmeutal Services is designated as the
Department's Project Coordinator. The Department may. at any time, designate a
substitute Project Coordinator.
3. CON'i'RACTOR'S PROJECT COORD]NATOR
�'��-�1 ���-�� � is designated as the Contractor's Project
Coordinator. The Project Coordinator can be reached at
� The Contractor may, at any time, designate a substitute Project Coordinator. Notification
to CSD of any change in the Project Coordinator will be made in writing and will not
require an amcndment to this Agrcement.
4. BUDGET CON'I INGLNCY CLAUSE
A. It is mutually agreed that if the Budget t�ct of the current year and/or any
subsequent years covered under this Agreement does not appropriate sufficient
funds for the pro��ram. this Agree�ncnt shall be of no funher force and effect. In
this cvent, CSD shall ha��c no liability to pay any funds wfiatsoever to Contractor 'i
or to furnish any other considerations under this Agreeinent and Contractor shall
not be obligated to perfonn any provisions of this Agreement.
[3. If fundine for any fiscal ��ear is reduced or deleted b�� the State of California
6ud�,et Act for purposes of this program, CSD shall have the option to eithcr
cancel this Agreement with no liability occun�ing to CSD, or offer an agreement
amendment to Contractor to reflect the reduced amount.
L31 I
�
Jul�• 1, 2012-September 30, 201�
Direct Payment Agrcement
� EXHIf31T B
(Standard Aereement) �
C NotH ithstandine the lan=uage in Sections 4.A. or 4.B. abo�e, if CSD believes that
funds w�ill be insufficient to allow the State to make LIHEAP payments to
Contractor i.e., tor thc reasons describcd in Section 4.A. or 4.B. above, then CSD
shall promptly notify Contractor's Project Coordinator. CSD and the Contractor's
Project Coordinator shall attempt to amend this Agreement so thc LIHEAP
payments can continue to the eatent possible gi��en tl�e nature oCthe shortage or
una��ailability of funding for LIHEAP. The partics agree that it is undesirable to
terniinate this Agmement for any short-term unavailability of LIHEAP funds and
that it would bc prcferable, if Federal i�unds are not available for LII-IEAP, to
suspcnd LIHEAP until CSD is able to obtain sufticient fwiding to resume credits
to qualified low-income ener��y customers, as provided for under LIHEAP.
5. PROVISIONS FOR FEDERALLY FUNDLD CONTRACTS
A. It is mutually understood between the parties that this Agreement may have been I
wririen for the mutual benefit of both parties beiore ascertaining the a�°ailability of
congmssional appropriation of funds, to avoid prograin and tiscal dela}�s that
would occur if the Agreement wcre e�ecuted altcr that determination was made. �
I3. This contract is valid and enforceable only if sufticient funds are made available �I
to CSD by the Uniled States Government for the purpose of this program. In I
addition. this Agreement is subject to any additional restrictions, limitations, or �
conditions enacted by the Congress or to an� stawte enacted by the Congress that !�
may al�fect the pro��isions, temis, or fundin� of this Agreement in any manner. '
C Che parties nmtually agree that if Congress does not appropriate sufficient funds
for LIHliAY. tl�is ns�reement shall be amended to reflect any reduction in funds.
D. CSD has the option to void the Agreement under the 30-day cancellation clause or
to amcnd the Agreement to reflect any reduction for funds.
E. CSD ���ill notify Contractor s Project Coordinator if federal funds are insut7icient
for LIHGAP to continue as expected durinQ thc ncst fiscal year or if restrictions.
limitations or conditions have been imposed b� Congress on the LIHEAP or
funding for it as soon as the Federal arant award letter has been issued with some
constraint CSD further agrees tl�at Contractor's willingness to suspend the
LIHI�nP. as described herein and in Section S.C. above, does not constitute an
agreement by Contractor thar. (i) funding for LIHCAP is unimportant ar(ii) a
delay in creditine a customer��ith LIHEAP funds is acceptable. to either
Contractor or its customers. '
Ii
BZ
1
Jul�� 1 2012-Se tembcr30 201�
. , P ,
Direct Payment Agreement
EXHIBIT C
(Standard A�mement)
GENERAL "I�LRMS AND COI�TDITIONS —GTC 610
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Departinent of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No ame�dment or variation of the terms of this ngreement shall be valid
wiless made in writing, signed by the pariies and approved as rcquired. No oral understanding or
Agree�nent not incorporated in the Agreement is binding on any of�the parties.
3. ASSIGNMENT: This A reemeut is not assi nable bv the Contractor, either in whole or in
� �
part, Nithout the consent of the State in the forni of a fomial tiritten amendment.
4. .nUDIT: Contractor agrees that the awardina department, the Department of General Ser�ices,
the Bureau of State Audits, or their designated representati��e shall have the right to re��iew and
to copy any records and supporting docwnentation pertaining to the performance of this
Agreement Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a lon�cr period of records retention is stipulated. Contractor
agmes to allow the auditor(s) access to such records during normal business hours and to allow
intcrviews of any cmployees wl�o might reasonably have information related to such records.
Further, Contractor a�rees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this A�reement (Gov. Code §8546.7, Pub.
Contract Code §101 15 et seq., CCR Title 2, Scction 1896).
5. INDEVINIFICA��ION: Contractor agrees to indemnify, defend and save harniless the State, its
officers. aRents and emplo}ees from any and al] claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers. laborers. and any other person, firm or coiporation
furnishing or supph ing ��ork ser�ices, materials. or supplies in connection ti ith the performance
of this Agreement, and from an} and all claims and losses accruing or resulting to any person,
timi or corporation N�ho may be injured or damased by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities undcr this Agreement c�uring
any dispute.
7. TF,RMiNATION I'OK CAUSL-': The State may tcnninate this Agreement and be relieved of
any payments should thc Contractor iail to perform the requiremcnts ofthis Agreement at the
� time and in the manncr herein provided. In the event of such tcnnination tl�e State may procecd
�n ith the �a�ork in an}� manner dee�ned proper by the State. All costs to the State shall be deducted
from am sum due thc Contractor under this Aereement and the balance, if am. shall be paid to
the Contractor upon demand.
G
Jul�� 1, 2012-September 30, 201�1
Direct Payment Agrcement
GXHIBI'C C
(Standard Aerecment) �
I
8. INDEPGNDEN�I� CONTRACTOR: Contractor, and the agents and employees of Contractoc ��
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
� 9. RECYCLING CERTIFICATION: The Contractor shall certif}�in �+�riting under penalty of
perjury. the minimum, if not exact. percentage of post consumer material as defined in the Public
Contract Code Section 13200, in products, materials. goods, or supplies offered or sold to the
State regardless of whether the product meets the rcquirements of Public Contract Code Section
12209. Witl� respect to printer or duplication cartrid�es that comply with the requirements oi�
� Section 12156(e), the certification required by this subdivision shall specify that the cartridges so '
comply (Pub. Contract Code �12205).
10. NON-DISCRIMII�'�ATION CLAUSE: During the perforn�ance of Uiis Agseen�ent, Contractor I
and its subcontractor.c shall not unlawfully discriminate, harass, or allow harassment aQainst any I
cmplopee or applicant for emplo��ment bccause of sex. race, color, anccstry_ religious creed,
❑ational origin. physical disabiliri� (includine HIV and AIDS), mental disability, medical
condition (e.g.. cancer), a�e (o��cr 40). marital status. and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are fi�ee from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisionc of the Fair Emplo}�ment and Housing Act (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (Califor�ia
Code of Regulations, Title 2, Section 728� ct seq.). 'fhe applicable re�ulations of the Fair
Employmcnt and Housing Commission iu�plementin� Government Code Section 12990 (a-f), set
Corth in Chapter 5 of Division 4 of Title 2 of the Calit�omia Code of Regulations, are incorporated
into this ngreement b�� referencc and inade a part hereof as if sct forth in 1ulL Contractor and its
� subcontractors shall gir�e ��ritten notice of their obligations under this clause to labor
orgauizations ���ith which they have a collectice bargaining or other Agreement. �
Contractor sl�all include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perlonn ��ork under il�e A��reenlent. �I
1 l. CERTIFICATION CLAUSL-S: The CONTRACTOR CERTIF[CATION CLAUSES I
contained in the document CCC 307 are hereby incorporated by reference and made a part ofthis
G�greemcnt by ihis referencc as if attacl�ed hereto. �
12. TIMI:LINESS: Time is of the essence in [his n!�reement.
13. COMPLNSATION: The consideration to be paid Contractor, as provided herein. shall bc in �i
compcnsation for all of Contractor's expcnses incurred in thc perfonnance hereof, including ��
travel. per diem, and taxes, unless otherwise expressly so provided. �
14. GOVf:RNIVG I_AW: This contract is go�erned b� and shall be interpreted in accordance
with the laws of the State of CaliComia.
C2
Jul�� 1, 2012-September 30, 201-1
�, � Direct Pa��ment Agreement
EXI IIBIT C
� (Standard Aareement)
� 15. AN'I�]'] RUST CLAIMS: The Contractor b si rnin> iltis a �reement hereb � certifies h
y � � }, � t at if
these se�vices or goods are obtained by means of a con�petitive bid, the Contractor shall comply
witl� tl�e requirements of tl�e Go��envnent Codes Sections set out beloN�.
a. The Govemment Code Chapter on Antitrust claims contains the follotiing definitions:
1) "Public purchase" means a purchase by means of competiti��e bids of_oods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attomey Gcncral may bring an action pursuant to subdirision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 45�0.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it ��ill assign to the pwchasin�� bod� all ri;hts, title. and interest in and to all causes of
action it may have under Section 4 of the Clayton lut (1� U.S.0 Sec. 15) or under the
Cart�aight nct (Cl�apter 2 (commencing with Section 16700) of Part 2 of Division 7 ofthe
I3usiness and Professions Code), arising from purchases of�goods, mate�ials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
becomc el�lective at the timc the purchasing body tenders final payment to the bidder.
Govcrnmcnt Code Section 4552.
' c. If�an aHardine body or public purchasing body receives, eithcr throuahjudgment or
settlement, a monetary recovcry for a cause of action assigned uuder this chapter, the assionor
shall be entitled to receive rcimbursemcnt for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the rccovery, including treblc damages, amibutable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
� bid pricc, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
� d. Upon demand in w�riting by the assignor, the assignee shall. ti�ithin one year from such
� demand_ reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assi�nee
l�as not bccn injured thereby, or (b) the assignce declines to tile a court action for the cause of
actio�i. Sec Govermnent Codc Section 4554.
16. CI�IILD SUPPORT COMPLItANCE ACT: F'or any Agreement in eacess of$100.000. the
, contractor ackno�a�ledges in accordance w�ith Public Coi�tract Code 7] 10, that:
, a. 'I�he contractor recognizes the importancc of�child and family support obli�ations and shall
� fully comply with all applicable state and ledcral laws relating to child and lamily support
� enforcement, includin�. but not limited to. disclosure of information and compliance with
earniugs assignment orders, as providcd in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the ramily Code: and
C3
July ], 2012-September 30, 2014
Direct Papment Agreement
EXHIBIT C
(Standard ,4grcement)
b. The contractor. to the best of its knoNledae is Yully compl��ing with the earnings assignment
orders of all employees and is pro�idin_ the names ot all new employees to the New Hire
Registry maintained b}� the California Employment De��clopment Department.
17. iJNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforccablc. then thc parties agree that all other provisions of this
� Agreement have torce and efiect �ind sliall not be aflected tl�ereby.
� 18. PRIORI"CY HIRING CONSIUERATIONS: If this Contract includes services in excess of
$200.000. Uie Contractor shall give priority consideration in filling vacancies in positions funded
' by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 1 1200
in accordance with Pub. Contract Code §10353.
19. SMnLL I3USINESS PARTICIPA"TION AND DVI3E PARTICIPATION REPORTING
REQUIREMI:NCS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receivina tinal payment under this Contract (or within
such other time period as�nay be speciticd elsewhere in this Contract) report to the a�vardi�g
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
� b. If for tl�is Contract Contractor made a commitment to achieve disabled vetcran business
cnterprise (DVQE) participation, then Contractor must witl�in 60 days ofrecciving final payment
under this Contract (or within such other time eriod as ma � be s ecified elscwhcre in this
P � P
Contract) certiYy in a report to the awarding departmenu (1) the total amount the prime
Contractor received under the Conu�act (2) the name a�d address of the DVE3E(s) that
participated in il�e performance of the Contracr, (3) the amount each DVBF, recei��ed from the
prime Contracror. (4) that all pa��ments under the Contract ha��e been made to the DVBE; and (5)
the actual percentage of DVBE participation that ti�as achicved. A person or entity that
know�in�l}� provides false inlom�ation shall be subject to a civil penalty Yor each violation. (Mil.
& Vets. Code § 999.�(d); Govt Codc § 14841.)
20. LOSS LEADER:
If this contract im�oh�es the furnishing of equipment, materials, or supplies then the following
statc�nent is incorporated: ]t is unlawiul ft>r any person engaged in business within this state to
sell or use any article or product as a "loss leader" as defincd in Section 1 7030 oY the Business
and Professions Code (PCC 10344(e)).
C4
i
July l, 2012-September 30, 2014
Direct Payment Agreement
EXHIBIT D
� (Standard Agreement)
SPLCIAL "1'ERMS AND CONDITIONS
1. CANCELLATION
�icher party may terminate this Agreement by �iving thirty (30) days prior written notice
to the other party.
� 2. SUBCONTRACTS
No subcoutracts shall be pernlitted under this Agreement therefore, references to
I subcontractors or subcontracts as part of standard provisions that l�ave been included
herein shall liave no applieability.
3. CERTIF]CATION
Contracror's si;nature affixed hereon shall constitute a certification that to the best of its
ability and knowledge it will, unless exempted, comply with the provisions set forth in
� tlie following: Information Integrity and Secw�ity (Department of Pinance, Budget
Letter 04-35).
4. LABOR CODE/WORKERS' COMPLNSATION
Both parties agree that they are aware of the provisions that require every employer to be
insured against liability for Workers' Compensation or to undertake selF-insurance iu
accordance with the provisions, and CSD aftinns to comply with such provisions before
commencing the performance of the work of this Agreement (Labor Code Section 3700)
5. RESOLUTION
Contractor must provide the State with a copy of a resolution, order, motion, or ordinance
of tl�e local �overning body that by law has authority to enter into an agreement,
authorizing execution of tl�e agreement.
6. COMPLIANCE WITH LAWS AND TAX WI"I'HHOLDING
A. CSD shall comply with all applicable Federal_ Statc, and ]ocal laws, rules, and
regulations and shall obtain all permits required to conduct its busincss and
perform the work caLled for in this Agreement, if applicable.
B. CSD represents and warrants that it will withhold all taxes, if atry, which are
required to be withheld ui�der applicable laws with respect to CSD personnel who
perform services for the Contractor. CSD shall indemnify and hold the
Contractor harmless, on an after-tax basis, for any liability incurred by the
Contractor as a result of CSD's failure to institute any such reyuired withholding.
D1
Juh ], 2012-September 30, 2014
Direct Payment Agreement
F.XHIBIT F.
(Standard Agreement)
ADDITIONAL PROVISIONS
1. [NDEPENDENT CON'�f2ACTOR
CSD, and the a�ents and employees of CSD, in the performance of this Agreement, shall act
in an indepcndcnt capacity and not as of7icers or cmplo}�ees or agents ot�Contractor.
2. DELEGATION OF CSD'S DUTIES �
This Agrecment is not assignable by CSD, eitl�cr in whole or in part, without the consent of
Contractor in the form of a formal written amendment CSD shall not employ other
consultants or contractors to pro�ide ke� data entry, document perfection. and/or an� other
ser��ices under this n�reement w�ithout the prior H�ritten approval of Contractor, nor shall the
dutics of CSD, undcr this Agreement, be delegated without prior wriucn approval of
Contractor. Uuless otherwise expressly agrecd upon by Contractor, CSD shall rcmain
responsible for the quality and timeliness of performance notwitl�standing any delegation.
3. CONFLICT OF WTF.REST,'BUSINLSS LTIiICS
CSD shall exercise reasonable care and diliaencc to prevent any actions or conditions that
could result in a conflict witli Contractor's interest. During the term of this Agreement,
CSD shall not accept any employment or en�a�e in any consulting work that creates a
conflict of interest wiili Contractor or in any way compromises the services to be perfonned
under this Agreemcnt. All linancial statemcnts, repoRs, billings, and other documents
rendered shall properly rel]ect the facts about all acti��ities and transactions handled for the
account of Contractor.
4. WARRAN"IY
CSD w°arrants to Contractor that the �°ork under this Agreement shall be perfornied �ith the
de�ree of skill and care that is required by curmnt. �,00d, and sound professional procedures
a��d practices and in conformance with �enerally accepted professional standards prevailing
at the time tl�e work is performed, so as to ensure that the services perti�rmed are correct and
appropriate for the pwposes contemplated in this Aereement and related specifcations.
El I
July 1, 2012-Septembcr 30, 21114 ��
Direct Payment Agrecment
EXHII3IT E
(Standard A�rccment)
I
5. COM'IDENTIALITY
A. In the course of performin� thc services under this Agreement, CSD may have
access to confidential, commercial, or personal infomlation concerning, but not
limited to, technology, rate making, Icgislative, and personnel matters and practices
of the Contractor, its subsidiaries, af�f iliates, or members of the public. CSD agrees
not to disclose any such information without the p�ior written approval of Contractor.
[�. Contractor hereby agrees to provide required security to insure tl�e confidential,
pl�ysical security and sa1'ekeepin� of all data, informatiou, files, and documents while
in its possession. Tlirough the observance of the same or more effective procedural
requircments as used by CSD, Conu�actor will protect from unautl�orized use and
disclosure all sensitive data, documentation, or other information that are designated
coi�tidential by CSD and madc available to Contractor in order to carry out this
Agreement CSD shall provide to Contractor in writing the identification of all such
confidential data and information, as wcll as CSD procedural requireinents for
protection of sucl� data and inlormation from unauthorized use and disclosurc.
C. Any representation herein inade by CSD relating to confidentiality or tl�e operations,
limitations, and requirements for the furnishing of personnel records, as set forth in
EXI�IIBIT E_ ADDITIONAL PROVISIONS. Section 6., CSD's Use of Contractor's
Prooertv_ below shall be subject to the Information Practices Act of 1977,
Sectio�� 1798 et seq. of the California Civil Code. and the California Public Records
Act. Section 62�0 et seq. of the Califoruia Government Code.
6. CSU'S USE OF CONTRACTOR'S YROPLiR"l�Y
All records, reports. computer pro�rams. written procedures, and similar materials.
documcnts, or data, in whatever form proeided by Conu�actor for CSD's use in performance
oF services under this Aareement shall rcmain the conlidential properry of Contractor and
shall be returued to Contractor immcdiatcly upon completion of CSD's use or upon writtcn
request of Contractor.
7. NONWAIVER
17ie waiver by either party of any breach of any terni, covenant. or condition coi�tained in
this Agreement. or any default in the perfonnance of any obligations under this Agreement,
shall not be deemed to be a ��aiver ol�any other breach or default of the saine or any other �
term, covenant, condition, or obligation: nor sl�all any waiver of any incident of breach or
default constitute a continuing waiver of the same. All waivers shall be in writing. �
E2
�
i
I — � — -- -
July 1, 2012-September 30, 201-t
Direct Pa}ment Agrcement
EXH161T E
(Standard Agrecment)
8. INCIUL�N I'AL AND CONSEOUENTIAL DAMAGES
Contractor shall not be liable for incidental or consequential damages includina but not
limited to loss of profits, commitments to subcontractors, rental or lease agreement(s), and
personal services contracts, unless eapressly authorized in writing by Contractor. �
I
9. INSURANCE '
CSD is a self-insured entity. If said coverage no longer prevails, CSD will notify Contractor �
H�ithin thirty (30) days of said coverage expiration. �
10. CAPTIONS
I'he ca�nions oCthe various sections, paragraphs, and subparagraphs are for convenience
only ai�d shall not be considered or referred to in resolving questions of interpretations.
11. VLNUL
In the event that suit shall bc brought by either party to this A�reement. the parties agree that
�enue shall be cxclusi�e vested in the State Courts of the County of Sacramento, or where
otherwise appropriate. exclusivel} in the United States District Court for the Eastern District
ot�California in Sacramento. California.
12. OTI IF,R AGREEMENTS
This Agreement shall not prevent either party from entering into similar agreements witl�
others.
13. DISPUTE RESOLUTION
A. Unless otherwise nmtually a�;reed to. any disputes betti�een CSD and Contractor
re�.!ardin_the construction or application of this Agreement and claims arising out of
this Agrcemcnt or its breach shall be submitted to mediation within tl�im� (30) �
calendar days of the w�ritten request of one party after the service of that request on
the other party.
E3
I
— _ _ —
Juh 1, 2012-September 30, 201�J
Direct Pa��ment Agreemcnt
EXHII3IT E
(Standard Agreement) �
B. il�e parties shall make best efforts to settle all disputes arising under this Agreement
as a matter of nonnal business and without recourse lo either mediation or litigation.
]1�the parties are unable to resolve a dispute with respect to this A,reement, either
party n�ay send a notice to the other requesting a n�eeting at which senior ofticers or
officials of the partics w�ill attcmpt to resoh�e the disputc. If the parties are unable to
resol�°e the dispute within ten (10) days a£ter the meeting notice is recei��ed by the
party to whom it is directed, or such longer period as the parties may agree, then
either party may initiate inediation as set forth herein.
C. Mediation under ihis section is a condition precedent to filing an action in any court.
In the event of litigation that arises out of an}� disputc related to this Agreement, the
parties shall each pay dieir respecti�e attorne}'s fees, eapert wimess costs. and cost
of suit regardless of the outcome the litigation.
14. FLDF.KAL EOUAL OPPORTUNITY LAWS
During the performance of this Aareement. and to the extent they may be applicable to this �I
Agrecment. CSD agrees to comply with tl�c follo�a�ina:
A. Federal Executive Order 11246, as amended b� L-zecuti��e Order 1137� rclatin��to
equal employment opportunity:
B. Title VI and Title VII of the Civil Rights Act of 1964; as amended;
C. Rehabilitation Act of 1973, as amended:
D. Vietnam Era Veterans Readjustment Assistance Act of 1972. as amended; �
E. TiUe 4l. Code of Fedcral Re_ulations (CPR). Chapter 60. Office of Federal Contract i
Complianee Program. �qual E�nployment Opportunity. Department ol Labor. as 'i
amcnded; and
F. Public Law ]O l-336. Americans with Disability Act of 1990, as amended. �
,
G4 '
J
July 1, 2012-September 30, 201A
Dircct Pxyment Agrecment
EXHIBIT F
(Standard Agmerocnt) �
PROGRAMMA'1'IC PROVISIONS
1. A. CSD will process applications and make a determination of applicant's eli�ibiliq- for �
assistance based upon pre-established criteria pursuant to the LII-IEAP. CSD will ��
provide the Contractor witl� a disk which lists applicants determined elioible for
assistance and tl�e amount of assistance as shown on Attachment 2. Payment, in the I
form of a State of California ��arrant, and Direct Pa��ment Summary (Attachment 3).
shall accompany the disk, and shall represent the sum total of benefits contained on
said transrnittal.
I3. Contr�ctor�ill process pa}��uents contained on aCorementioned disk in accordance
with the provisions of tl�e enclosed LIHL;AY Direct Payment Instructions
(Attachment I).
C Contractor w i11 pro��ide notification of LIHEAP payment to each customer for Nfiom
a credit is made. The wordina of said notification must contain die words "LII IEAP
cred i�."
D. The Contractor shall attempt to credit the accounts of qualified low-income
customers by tl�e subscquent billing cycle following the rcceipt of the transmittal and
Statc oPCalifornia warrant.
G 1) Contractor is responsible for completing and returning to CSD, tl�e Direct I
Payment Summary that accompanies each transmittal_ within ten (10) �
workina days of processing and handling the batch run of cligible low-
income utility customers rcceiving LII IEAP assistance. Contractor shall ,
� complete thc llirect Payment Summary by indicating: a) the total number of �
customer accounts w�here the Contractor was successful in crediting full
amount of eligible LIHGAP bcnefit; b) thc customcr accounts where the
Conh�actor H�as onl}� able to credit a partial amount of the eligible LII II�AP
benefit. also reierred to as Partial Payment Return: and c) the customer
accounts ���here the Contractor tias unable to credit any of the eligible
I.IHEAP assistance amount, also referred to as Full Payment Return.
2) Contractor shall return any undeli��erable LIHEAP bene(its to CSD durine
the course of this Agreement.
2. DISBURSP:MENTS
Punds provided under this Agreement shall be disbursed and applicant accounts credited in
accordance with the provisions of the LIHEAP Direct Payment Instructions.
P1 I
.luly 1, 2012-September 30, 201-1
� Direct Payment Agrcemcnt
' EXH113IT F
(Standard Agreement)
� 3. ASSURANCES
I
A. Contractor shall cl�arge the eligible household, in the normal billing process, the
difference between the actual cost of the home energy and tl�e payment amount
made by the Department Thc actual cosis of the home energy shall be consistent
witl� applicable utility company taritl�s as approved by the CPUC, if applicablc.
B. Contractor assures that no household receiving assistance under this process will
be treated adversely because of such assistance under applicable provisions of
State Law regarding public re�;ulatory mquirements.
4. RI'PORTS
Rcports required under this Agrcement are detailed in the L]HF,AP Direct Payment
Instructions aud the attachments thereto.
,I
�
��
I
F2
. Julv 1, 2012-Septembcr 30, 201a
Dimct Payment Agreement
aTTCxMENTs
Direc� Payment ���
LIHEAP Direct Payment Instructions and Samples
• A chment 1 — Direct Pa ment Instructions
tta y
• Attachment 2 — Sample Printout
• Attachment 3 — HEAP Direct Payment Summarv
• Attachment 4 — Utilitv Direct Pay File Format
�
• �.
July 1, 2012-September 30, 2014
Direct Payment Agreement
ATT.aCHME\T 1
LIHEAP DIRECT PAYMENT INSTRUCTIOIvS
HOW TO MAKE A MATCH
I
OPEN ACCOUNTS: IT an applicant's utility account is open at the time a LIHEAP
payment is received, the full amount of the payment can Ue applied even if it creates a
credit to the account.
It is incumbent upon your company to match payments to the correct account and
customer of record to which the LIHEAP applicant has directed the benefit. For this
purpose, botli the "Customer of Record" and last name of the LIHEAP applicant,
"Applicant Last Name" has been provided, as weLl as an account number and service
address.
CLOSED ACCOtiNTS: If, at the time the LIHEAP benefit is to be applied, and the ��I
applicanr s repotted utilit}� account is closed, you must select and complete one of the
three options below:
l.) A inatch can be made �cith an applicant's new account within the same utilit}
company.
2.) If the account is CLOSED with an outstandino balance owed, a partial
payment can be made and the difference refunded to CSD with a notation on '
your printout.
3.) If the account is CLOSED with no outstandino balance, the total amount of
LIHEAP benefit should be remrned to CSD with a notation on your prinCOUt.
HOW TO NOTIFY CSD OF PARTIALS ANDiOR NON-MATCHES
I.) PRINTOUTS:
• Osina the disk that was provided with the LIHEAP payment, print the
page upon��°hich the LIHEAP applicant's name appears.
• Circle the name of the customer of record to �ahose account the partial
pay�ment was applied (See Attachinent 2).
• Note beside the LIHEAP payment the amount that is being retumed to
CSD (the difference between the CSD payment and the retumed amount is
the amount which was credited to the customer ofrecord). If there is a
l00%refund to CSD, note the total LIHEAP payment amount. '
1
I
, Julc 1, 2012-September 30, 301� �
Dircct Payment Agreement �
I
' • Provide an adding machine tape listing the total amounY of money to be
refunded to CSD. The tape should include both the individual amounts, as
well as a total. I
• Retum the LIHEAP DIRECT PAYI�IENT SUMMARY SHEET, which �i
accompanies each run of selected payment records, with the number of
� partials and/or non-matches (See Attachment 3). i
I
• Attach a check made pa}°able to CSD and return your printout (with
partials/non-matches information), addine machine tape, and summary
� page to: �
The Department of Community Services and Development ''
Energy and Environmental Services '
' P.O. Box 1947 �I
Sacramento, CA 9�812-1947
2.) Compact Disk (CD)/File Transfer Protocol (FTP) �
I
• If you ehpect to retwn Yhe `'partial or non-n�atch" information to CSD by I
CD or File Transfer Protocol (FTP), refer to Attachment 4 for more
specific instructions on how to code the record.
WHAT IF ALL RECORDS ARE MATCHES
If you find that all records on a specific run are matches to your client database, you need
� to notify CSD on the LIHEAP Direct Pavment Summary. In the case of a 100% match,
the fioure in the"Run $ Total" colunm would be the same amount as the amount in the i
, "TotaL $ Match" cotumn (Attachment 3).
' I
�
I
? II
�
.luly I,2012-Scp�cmber 3U,201'.�{
Direcl Payment Agrecmcnl.
�T�rncnMEN�r 2
I
DA�I1?: 07/01/2012 DIiPARTMENT OF COMMUNITY SGRVICGS AND DCVI?LOPMENT PAG[i: I
2012 I IOMG EN[;RGY ASSISTANCI!PROGRAM
(Fedcrally I'unded Programs)
U"CILI"I'Y COMPANY NA�9E �
Pay Run on 07/01/2012
ACCOUN'I'NUMI3GR PAY AMT COSTOMI�:It OP SERVICF. ADDRESS APPUCANT LAST NAMI? DLN
, R�CORD
4257R0960262500000330I $236.00 68TTY CAS'I'KO 2(25 S MNN ST LOS ANGI�IJ�.S, CA 9567R CAS'fR0 120410500000004
1099766500156000000401 $297.00 �RGD JONIS 156 W 82 S'1'LOS ANGL'LES, CA 90003 JOMiS 120630700000026
GRAND TOTAI.: $530.00
I
I
STATE OF CALIFORNIA-HEALTH AND HUMAN SERVICcS 4G`cNCY EDMUND G. BROWN JR..GOVERNOR
i DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT
P.O. Box 1947 ��y .
Sacramento, CA 95812-1947 '=
),'
(916)576-7109 ��i '�,
���.� :/
(916)263-1651 (FAX) _/�
(916)263-1402(TDD)
July 1, 2012-September 30, 2014
Direct Payment Agreement
ATTACHMENT3
2012 LIHEAP DIRECT PAYMENT SUMMARY ,
PLEASE COMPLETE FOR EACH DIRECT PAYMENT BATCH
IA) I$) (�I ID) I
CSD RUN DATE TOTAL DOLLAR TOTAL DOLLAR TOTAL NUMBER TOTAL DOLLARS
(rH�S DnTe �S ON rxe �OUNT FROM AMOUNT BEING OF RECORDS THAT MATCHED
roP[.eF'r[-uND CSD RETURNED CSD BEING RETURNED (rHls �s 7'He nvouxr
CORNER OF THE PRIN'C- (THIS IS THE CHEC6 (ENTER "CHE AMOGNT THAT YOU STARTED
OuTS� TO CSD
AMOUNT THAT WAS OF THE CHECIC THAT (����ER THE NUMBER W�TFI, MINUS A1Y
SENT WITH THIS RUN WILL BE RETURNED TO OF RECORDS THAT RETURN DOLLARS,
DATE NOTE: THIS CSD WITH THIS FORM) w�LL BE RFTURNED TO EQUALS TOTAL
AMOUNT SHOULD CSD WITFI THIS FORM) DOLLARS `v1ATCHED A-
MA"CCH 'CHEPRINT- B=D) �,
OtiT
07/O1/2012
I
COMPLETED BY: PHONE:
UTILITY COMPANY: DATE:
PLEASE RETURN THIS SUMMARY SHEET WITH PRINT-OUTS AND CHECK (FOR NON-MATCHES) ,
NO LATER TFIAN 10 DAYS FOLLOWING RECEIPT FROM CSD
PLEASE RETURN SUh4MARY SHEET TO: B3rbara Ramos, ENERGY SERVICES
HOME ENERGY ASSISTANCE PROGRAM
I P. O. BOX 1947
SACRnMENTO, CA 95812-1947
IF YOU HAVE ANY QUESTION PLEASE CONTACT
Barbara Ramos (916) �76-7162
CSD USE ONLY
CHECF DATE �
, NUMBER DATE SENT '
RECENED
$ AMOUNT SUMM.ARY TO ITS �,
RETURNED
. , _ I
ATTACHMENT4 �ul� 1.30R-Seprembcr�u_'ula
Utility Direct Pay File Format �'"��" �'"`"1O°' �'='��0°1°°� I
Header Record � . �. � .� I
�ataFeltl �__._ : Length Justification Domain ... .,... . Comment .. . ��- . _. , ._._. Source
Header I �n ifi.sGOn Coae " lah 00^IOR Firs;five cnara 'ars of first line of all data nles const��t
Sys�em C1ate e .�eff YVPYMMDD D. e f'�a produCetl � svste��
Syster^.Ti:ne left HHMMSS Time fle protl.icetl _:;yster-i
Ubb,ty Icaias � left XXXXX P(�E O G e . u u�I h �.0 i�nr..
Rllu ci§ left spaees Fnc o nxed�ac r ngth rai � i_c
Detail Record ... �R,, .. -.. . . .. . ���n �wat'� ��'� '� 'c�;_xr� 2 }" .--,.,,
�ata Feltl _ .... . _ Length .��,_„� omain .,_„�_ ._: . Gomment _,yyu;,y-�y��,_,� � '� � �.'}; Souree . "' �
Re_�::rc N.mLei . lek NNNNN ��OCO�-NNNN i.ul��:a!
g
UbhV/Aceount Numoe� �3G .left Ulillty specfic npl a�.ir^ara aa;ount number,without punctuation,Including chack -G��c�:o�,nt. n
_ _ _ _�6igrts(if usar7)-_kft��astlfy,force to upper-case, pad wlth ireiling spaces
PaymentAmount 8 _n4ht _ NNNNN.NN _ . aid amount
Energy Bill Atltlress Line 1 44 leR ae.bill_atldress 1
Energy Bill Adtlress Line 2 18 lek ae.bill address 2
Energy Bill Address QI 30 lek I _ ae.bill city_
Energy Bill_Address State 2 lek �XX ae.bill state code
Energy Bill Address Zi 9 lek -NNNNN NNNN ae.bill zip_code
Bill First Name 20 lek I a .bill first name ,
Bill Last Name 30 lek a .bill last name �
Bill Mitldle Initial 1 lek � a .bill middle initial
__.. _ __�-- .__ �_._—
Applicant First Name 20 left � a.first name
-_ ___._. _ __. _—_—
._—_,._._ _.. ..._._—_
Applicant Lzst Name 30 left I �a last name
._.— . ._____. _—"—_ _ _._._ __
�nohcar.t SSN 9 left NNNNNNNNN .ApFlicam Social Sacurity Nuinber a ssn
A�,^,SLN _ _ �2 IeH . N[NNNNNNNNNN] SystamLoca�orNUmheo-left�ish9edQadtletlwi�hspaces apusln
Apc OW 15 Ilek NNNNNNNNN!JNNNNN Doc..ment Loca�o�N�mber-�re9�us rizd padded with spaces p� �
_ . . . . . .. .. _ . a. ,.d-n I
FooterRecord .. .. _ .,.._ ... _..... . . . . . . .,:�...�. . ,._ . .. _ . .
�ata Field. . _.�..._ . Length , ,,.;,,,,,_Damain . . _ .. Comment'�� . ,,, . �' ' ._, _ . ..Source _ , .
Poo'er ld i tif ration C„de 5 left 99WF f i t 9 e haracters o`fwter � ��� � o istir t
RecorC C�un1 ,5 nght NNNNN I l a�i umb.,r of det�I rec�rds a ul�taJ _
PaymentAmounlTotal 12 n ht NNNNNNNNNNN IPaynentamoenttotal cacula«d
Fller 2fi1 left spaees �padtofixedrecord enqth' �caculated
.... ...,. �.c� . y�"� . <. -. . ... .,... _.,c,- �•++e.
Notes �. � ' � � .. .� . . ;., p ...
. �5{� ' �' . t; rna k �'�t.t�.a v . � '_
� :
..__:..... ,. , . . �..��_��..�...:�:� ..,._. ...... . _... �._.� . ..... :�:�._.o.ar�:
'Fxed record len th:283 charecters+Carria e Return+Line Feed I _ I . _ .
T
Source column table abbrevialion ke :
a=applicant
ap=app_� rem
ae=�p enefoy
p=app_�rogrem a ment
u=utility __ . ___
�rev iizzoaij-- �- - ----
' . I
I
Attachment 4 SldDirectPayFileFOrmat2012.x1s