HomeMy WebLinkAboutState of California Department of Community Services and Development (CSD) 2014-10-01 . r
' C,�+�, �� L . ��'� ���' ' � � �- Cit�� of Ukiah
Uircct Payment Agrec►ncnt
A�;recment No. 14Y-142G
STATI�, OF CAL1FORh�IA
ACREEMENT
"l�}lis Agreement coilsists ofthis si�nature pa�,c, Parts I ancl IL ancl Allachmtnts 1 and 2, which
are �ittached hcreto arld incorporated herein by this rcferrnce. lt is entce�d into between the State
o1�Cali(brnia, Dcpartment of Comrniinit�� Sei��ices and Dc��elopmcnt (CSD), and tlle Utility
Cott�pany. Citr� of Llkiah (Contractor-):
Utility Compan��: Cit�� of llki��h
"I�he term of this fl�reemcnt is: Octoher 1. ?01=� thrc��t�h April >0, 2017
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A�reed to and ap��ro��ed:
CON"1 KAC"I'OR ('it� of llkiah
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►thorizcd Signaturc I)ate Si��nccl
,� _ Jane Chambers, City Mana�er _ _
Printed Name and �l�itle ol�Persc�n Si��nin��
F�ddreSS: 300 Seminarv Avenue
. Ukiah, CA 95482
`I elepllc�ne: (707) 463-6200
f,it��til: �chambers@ci�ofukiah.com
S"l�n"['I�: OF CAI,II�ORNIA
Uepartment ot�C<�mmunit}' Ser��ices a»d Uc�-cl���>>n�nt
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Cilldv I-lal��et-sta�it, l�eputy Uir�ctor oi�ndininistrati��c Ser��ires �� �,'�-..�,,�,
Printcd Name and �fitic ol�P�rson Si�,ni�l� � ;'�
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Address: 2�fi9 Gatc���av Oaks Urivr. S�iitc IOU w
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�l�elephone: (916) �76-7109 Q° '�
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
TABLE OF CONTENTS
PARTI........................................................................................................................................ 3
ARTICLE 1 -- SCOPE OF WORK.........................................................................3
1.1 Purpose................................................................................................................................ 3
1.3 Contract Amount..................................e......................................,....................................... 3
1.4 Term.................................................................................................................................... 3
1.5 Applicable Laws and Requirements ...........................................o....................................... 3
1.6 Notices and Project Coordinators ....................................................................................... 3
ARTICLE 2 -- CONTRACT CONSTRUCTION, ADMINISTRATION AND PROCEDURE ... 5
2.1 Base Contract and Whole Agreement................................................................................. 5
2.2 Budget Contingency Clause................................................................................................ 5
2.3 Provisions for Federally Funded Contracts.................................o....................................... 6
2.4 General Terms and Conditions—"GTC 610"..................................................................... 7
2.5 Additional Provisions.......................................................................................................... 7
PARTII..................................................................................................................................... 10
SUBPART A—ADMINISTRATIVE REQUIREMENTS................................................... 10
ARTICLE 3 —ADMINISTRATIVE POLICIES, TERMS AND CONDITIONS ....................... 10
3.1 Confidentiality ......................................................................e........................................... 10
3.2 Compliance with Laws and Tax Withholding............................e..................................... 10
3.3 Conflict of Interest............................................................................................................ 11
3.4 Contractor's Use of CSD's Property...........................................e..............................o...... 11
3.5 Independent Contractor...............................................................o..................................... 11
3.6 Insurance........................................................................................................................... 11
3.7 Labor Code/Workers Compensation................................................................................. 11
SUBPART B — PROGRAMMATIC AND REPORTING REQUIREMENTS ................. 13
ARTICLE 4—PROGRAMMATIC PROVISIONS ..................................................................... 13
4.1 Applicant Eligibility.......................................................................................................... 13
4.2 Payment Issuance and Processing..................................................................................... 13
4.3 Payment Verification........................................................................................................ 14
4.4 Telephone Pledges Under Energy Crisis Intervention Program/Fast Track..................... 14
4.5 Assurances ........................................................................................................................ 15
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
ARTICLE 5 —REPORTING AND RECONCILIATION REQUIREMENTS............................ 16
5.1 Quarterly Pledge Reports............................................................a..................................... 16
5.2 Specific Requests for Additional Pledge Information...................................................... 16
5.3 Account Reconciliation..................................................................................................... 16
5.4 Additional Reporting Requirements.....e........................................................................... 16
SUBPART C —GENERAL TERMS & CONDITIONS....................................................... 17
ARTICLE 6 -- GENERAL TERMS AND CONDITIONS —GTC 610....................................... 17
1. APPROVAL. ......................................................................................a..................................... 17
2. AMENDMENT......................................................................................................................... 17
3. ASSIGNMENT......................................................................................................................... 17
4. AUDIT...................................................................................................................................... 17
5. INDEMNIFICATION............................................................................................................... 17
6. DISPUTES................................................................................................................................ 17
7. TERMINATION FOR CAUSE..........................................................o..................................... 17
8. INDEPENDENT CONTRACTOR........................................................................................... 18
9. RECYCLING CERTIFICATION. ........................................................................................... 18
10. NON-DISCRIMINATION CLAUSE..................................................................................... 18
11. CERTIFICATION CLAUSES................................................................................................ 18
12. TIMELINESS ......................................................................................................................... 18
13. COMPENSATION ................................................................................................................. 19
14. GOVERNING LAW............................................................................................................... 19
15. ANTITRUST CLAIMS .......................................................................................................... 19
16. CHILD SUPPORT GOMPLIANCE ACT.............................................................................. 20 .
17. UNENFORCEABLE PROVISION........................................................................................ 20
18. PRIORITY HIRING CONSIDERATIONS ........................................................................... 20
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS........................................................................................................................ 20
20. LOSS LEADER..................................................................................................................... 21
SUBPART D—FORMS AND ATTACHMENTS.............................................................. 22
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTSI & II
PART I
ARTICLE 1 —SCOPE OF WORK
1.1 Purpose
The purpose of this Agreement between the Department of Community Services and
Development, hereinafter referred to as CSD or the Department, and the City of Ukiah,
hereinafter referred to as Contractor, is for the purpose of making direct credit to the
accounts of low-income energy customers of the Contractor that are identified by CSD as
payinent recipients under CSD's Low-Income Home Energy Assistance Program
(LIHEAP), which includes the Home Energy Assistance Program (HEAP) and Energy
Crisis Intervention Program—Fast Track (ECIP-FT).
1.2 Location of Services
Unless otherwise specified by advanced written notice to Contractor, all services
performed by CSD under this Agreement shall be located at:
Department of Community Services and Development
Energy and Environmental Services Division - Consumer Provider Assistance Unit
2389 Gateway Oaks Way, Suite 100
Sacramento, California 95833
1.3 Contract Amount
Contractor will not receive any direct financial consideration under this Agreement.
1.4 Term
The term of this Agreement shall be October 1, 2014 through April 30, 2017.
1.5 Applicable Laws and Requirements
All services and activities undertaken by the parties in connection with this Agreement
shall be performed in accordance with all applicable federal, state, and local laws and
regulations, as may be amended from time to time, including any relevant memoranda of
understanding and/or other cooperative agreements established between CSD, utility
providers, and/or the Public Utilities Commission.
1.6 Notices and Project Coordinators
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City of tJkiah
Dircct Payment Agreement
A�reement Na. 14Y-1426
DII2F,CT YAYMEN'I' AGREF.MEN'I'
PA 1tTS 1 & I I
All written notices to the parties pertainin�� to this A�!reement shall be addressed to the
Project Coorclinatois idcntitied bcic�w. "I�he p��rties l�lay, at any tii�le, designate a
substitute Pt•oject Cool-dinator. Nc�tice: of an�- substitution in the Project Coordinators
shall be made in ���ritir�� to thc other pai-ty and �vill l�c>t require an amendnlent to this
Agreement.
CONTRACTOR"S PROJI;C"I� COORDWA'1'OR
Name and �I�itic: Jan Newell,_ Finance Controller___ _ ____
Compan<< Name: _City o_f Ukiah __ _ _ _ _
Address: 300 Seminary Avenue
Ctty, State, �tnd IlP Code: Ukiah, CA 95482__
F111a11: jnewell@cityofukiah.com__ ____ i_
Phone: ( 707 ) ___ 463 -__6216 __
CSD'S PRO,iEC"I' COORDINA7�OR
Debra Brown, Sta1f Serviccs Managcr
t:nergy & �;nvironmental Sei-�ices Divisi�»>
Department of C�ommtulity Services and I�evelc�pmeni
2389 Gateway Oaks Drive, Stiite 100
Sacramento. CA 9583�
Email: Debra.�3ro���n(ci�csd.ca.�o��
Phone� (916) 576-7109
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
ARTICLE 2 -- CONTRACT CONSTRUCTION, ADMINISTRATION AND
PROCEDURE
2.1 Base Contract and Whole Agreement
A. This Agreement consists of two parts, which together constihrte the whole
agreement between CSD and Contractor.
B. Part I is the `Base Contract"which consists of the following:
1. The face sheet which specifies:
i. the parties to the Agreement;
ii. the tern� of the Agreement;
iii. the maxiinum dollar amount of the Agreement; and
iv. the authorized signatures and dates of execution.
2. Article 1, Scope of Work, and Article 2, Contract Construction and
Procedure.
C. Part II consists of the "Administrative and Programmatic Provisions" which are
comprised of Subparts A through D, including specified requirements,
obligations, provisions, procedures, guidance, forms, and technical materials
necessary for program implementation.
2.2 Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate sufficient
funds far the program, this Agreement shall be of no further force and effect. In
this event, CSD shall have no liability to pay any funds whatsoever to Contractor
or to furnish any other considerations under this Agreement and Contractor shall
not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the State of California
Budget Act for purposes of this program, CSD shall have the option to either
cancel this Agreement with no liability occurring to CSD, or offer an agreement
amendment to Contractor to reflect the reduced amount.
C. Notwithstanding the language in Sections 2.2 A. or B. above, if CSD believes that
funds will be insufficient to allow the State to make LIHEAP payments to
Contractor i.e., for the reasons described in Section A. or B. above, then CSD
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Direct Payment Agi•eement
Abreeinent No. 14Y-1426
DIRECT PAI'MENT AGREEMENT
PARTS I & II
shall promptly notify Contractor's Project Coordinator. CSD and the Contrartor9s
Project Coordinatoi° shall attempt to amend this Agreerr�ent so the LIHEAP
pa��inents can continue to the extent possible given the 7�ature of the shortaQe or
unavailability of funding for LIHEAP. The parties agree that it is undesirable to
terminate this Agl�eement for any short-tei7n unavailability of LIHEAP funds and
that it would be preferable, i E Federal funds are not available for LIHEAP, to
suspend LIHEAP until CSD is able to obtain sufficient furiding to resume credits
to qualified low-ii�coine energy custonlers, as provided for, under LIHEAP.
2.3 Pi°ovisions for Federally Funded Contracts
A. It is mutually understood between the p�rties that this Agr�eement inay have been.
�v��itten for the mutual benefit of both parties before ascei-taining the availability of
congressional appropri�tion of funds, to avoid program an� fiscal delays that would
occ.ur if the Agreement were executed after that detennination was nlade.
S. This conh-act is valid and eni-orceable only if sufficient fiii-ids are made available to
CSD by the United States Government for the purpose of this progranl. In addition,
this Agreeinent is subject to any additional restrictions, limitations, or conditions
enacted by Congress or to any statute enacted by Congress that may affect the
provisions, terms, or funding of this Agreement in any manner.
C. The parties mutually agree that if Congress does not appropriate sufficient funds for
LIHEAP, this Agreement shall be amended to reflect any reduction in fiinds.
D. CSD has the option to void the Agreement undei the 30-day cancellation clause or
to amend the Agreement to reflect any reduction for funds.
E. CSD will notify Contractor's Project Coordinator if federal funds are insufficient
for LIHEAP to continue as expected during the next fiscal year or if restrictions,
liinitations or conditions have been imposed by Congress on the LIHEAP or
funding for it as soon as the Federal grant award letter has been issued with some
constraint. CSD filrther agrees that Contractor's willingness to suspend the
LIHEAP, as described herein and in Section 2.3.C. above, does not constitute an
agreement by Contractor that: (i) funding for LIHEAP is unimportant or (ii) a delay
in crediting a customer with LIHEAP fiinds is acceptable, to either Contractor or its
customers.
F. Federal Equal Opportunity Laws
During the performance of this Agreement, and to the extent they may be
applicable to this Agreement, Contractor agrees to comply with the following:
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
1. Federal Executive Order 11246, as amended by Executive Order 11375
relating to equal employment opportunity;
2, Title VI and Title VII of the Civil Rights Act of 1964; as amended;
3. Rehabilitation Act of 1973, as amended;
4. Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended;
5. Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of
Federal Contract Compliance Program, Equal Employment Opportunity,
Department of Labor, as amended; and
6. Public Law 101-336, Americans with Disability Act of 1990, as amended.
2.4 General Terms and Conditions—"GTC 610"
In accordance with State contracting requirements, specified contracting terms and
conditions are made a part of this agreement. The provisions in their entirety, previously
located in Exhibit C of the Standard LIHEAP contract, are now found in Part II,
Subpart C of this Agreement and are fully binding on the parties in accordance with state
law.
2.5 Additional Provisions
A. Amendment. Changes to this Agreement shall be made by formal amendment
with exceptions specified in Section H, below.
B. Assignment. Neither this Agreement nor any of the rights, interests, or
obligations under this Agreement shall be assigned by any party without the prior
written consent of the other parties, except in the case where responsibility for
program implementation and oversight may be transferred by the State to another
State agency. In the event of such transfer, this Agreement is binding on the
agency to which the program is assigned.
C. Cancellation/Termination. Either party may terminate this Agreement by giving
thirty (30) days' prior written notice to the other party.
D. Captions. The captions of the various sections, paragraphs, and subparagraphs are
for convenience only and shall not be considered or referred to in resolving
questions of interpretations.
E. Dispute Resolution. Unless otherwise mutually agreed to, any disputes between
CSD and Contractor regarding the construction or application of this Agreement
and claims arising out of this Agreement or its breach shall be submitted to
mediation within thirty (30) calendar days of the written request of one party after
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTSI & II
the service of that request on the other party, in accordance with the following
procedures:
1. The parties shall make best efforts to settle all disputes arising under this
Agreement as a matter of normal business and without recourse to either
mediation or litigation. If the parties are unable to resolve a dispute with
respect to this Agreement, either party may send a notice to the other
requesting a meeting at which senior officers or officials of the parties will
attempt to resolve the dispute. If the parties are unable to resolve the
dispute within ten (10) days after the meeting notice is received by the
party to whom it is directed, or such longer period as the parties may
agree, then either party may initiate mediation as set forth herein.
2. Mediation under this section is a condition precedent to filing an action in
any court. In the event of litigation that arises out of any dispute related to
this Agreement, the parties shall each pay their respective attorney's fees,
expert witness costs, and cost of suit, regardless of the outcome the
litigation.
F. Incidental and Consequential Dama�es. CSD shall not be liable far incidental or
consequential damages including, but not limited to, loss of profits, commitments
to subcontractors, rental or lease agreement(s), and personal services contracts,
unless expressly authorized in writing by CSD.
G. Mer�er/Entire Agreement. This Agreement (including the attachments,
documents and instruments referred to in this Agreement) constitutes the entire
agreement and understanding of the parties with respect to the subject matter of
this Agreement and supersedes all prior understandings and agreements, whether
written or oral, among the parties with respect to such subject matter.
. H. Minor Modifications. Contractor and/or CSD may request modifications to make
minor adjustments during the contract term to implement process improvements
and program efficiencies as appropriate.
I. Nonwaiver. The waiver by either party of any breach of any term, covenant, or
condition contained in this Agreement, or any default in the performance of any
obligations under this Agreement, shall not be deemed to be a waiver of any other
breach or default of the same or any other term, covenant, condition, or
obligation; nor shall any waiver of any incident of breach or default constitute a
continuing waiver of the same. All waivers shall be in writing.
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
J. Other Agreements. This Agreement shall not prevent either party from entering
into similar agreements with others,
K. Severabilitv. If any provision of this Agreement be invalid or unenforceable in
any respect for any reason, the validity and enforceability of any such provision in
any other respect and of the remaining provisions of this Agreement will not be in
any way impaired and shall remain in full force and effect.
L. Subcontracts. No subcontracts shall be permitted under this Agreement;
therefore, references to subcontractors or subcontracts as part of standard
provisions that have been included herein shall have no applicability.
M. Venue. In the event that suit shall be brought by either party to this Agreement,
the parties agree that venue shall be exclusive vested in the State Courts of the
County of Sacramento, or where otherwise appropriate, exclusively in the United
States District Court for the Eastern District of California in Sacramento,
California.
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
PART II
SUBPART A—ADMINISTRATIVE REQUIREMENTS
ARTICLE 3 —ADMINISTRATIVE POLICIES, TERMS AND CONDITIONS
3.1 Confidentiality
A. In the course of performing the services under this Agreement, CSD may have
access to confidential, commercial, or personal information concerning, but not
limited to, technology, rate making, legislative, and personnel matters and
practices of the Contractor, its subsidiaries, affiliates, or members of the public.
CSD agrees not to disclose any such information without the prior written
approval of Contractor.
B. Contractor hereby agrees to provide required security to insure the confidential,
physical security and safekeeping of all data, information, files, and documents
while in its possession. Through the observance of the same or more effective
procedural requirements as used by CSD, Contractor will protect from unauthorized
use and disclosure all sensitive data, documentation, or other information that are
designated confidential by CSD and made available to Contractar in order to carry
out this Agreement. CSD shall provide to Contractor, in writing, the identification
of all such confidential data and information, as well as CSD procedural
requirements for protection of such data and information from unauthorized use and
disclosure.
C. Any representation herein made by CSD relating to confidentiality or the
operations, limitations, and requirements for the furnishing of personnel records,
as set forth below in Section 3.4, CSD's Use of Contractor's Property, shall be
subject to the Information Practices Act of 1977, Section 1798 et seq. of the
' California Civil Code, and the California Public Records Act, Section 6250 et seq.
of the California Government Code.
3.2 Compliance with Laws and Tax Withholding
A. Contractor shall comply with all applicable Federal, State, and local laws, rules,
and regulations and shall obtain all permits required to conduct its business and
perform the work called for in this Agreement, if applicable.
B. Contractor represents and warrants that it will withhold all taxes, if any, which are
required to be withheld under applicable laws with respect to Contractor's
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
personnel who perform services for the Contractor, Contractor shall indemnify
and hold CSD harmless, on an after-tax basis, for any liability incurred as a result
of Contractor's failure to institute any such required withholding.
3.3 Conflict of Interest
Contractor shall exercise reasonable care and diligence to prevent any actions or
conditions that could resiilt in a conflict with CSD's interest. During the term of this
Agreement, Contractor shall not accept any employment or engage in any consulting
work that creates a conflict of interest with CSD or in any way compromises the services
to be performed under this Agreement. All financial statements, reports, billings, and
other documents rendered shall properly reflect the facts about all activities and
transactions handled for the account of CSD.
3.4 Contractor's Use of CSD's Property
All records, reports, computer programs, written procedures, and similar materials,
documents, or data, in whatever form provided by CSD for Contractor's use in
performance of services under this Agreement shall remain the confidential property of
CSD and shall be returned immediately upon completion of Contractor's use or upon
written request of CSD.
3.5 Independent Contractor
Contractor, and the agents and employees of Contractor, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or
agents of CSD.
3.6 Insurance
Contractor is a self-insured entity. If said coverage no longer prevails, Contractor wil.l
notify CSD within thirty (30) days of said coverage expiration.
3.7 Labor Code/Workers Compensation
Both parties affirm that they are aware of the provisions requiring every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions, and Contractor affirms that it is or shall be in compliance
with such provisions before commencing the performance of the work of this Agreement
(Labor Code Section 3700).
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
3.8 Resolution of Governing Entity (Public Utilities)
If Contractor is municipal entity or otherwise established by a county, city, district, or
other local public body, it must provide a copy of a resolution, order, motion, or
ordinance of the public entity authorizing execution of this Agreement.
3.9 Warranty
Contractor warrants to CSD that the work under this Agreement shall be performed with
the degree of skill and care that is required by current, good, and sound professional
procedures and pi•actices and in conformance with generally accepted professional
standards prevailing at the time the work is performed, so as to ensure that the services
performed are correct and appropriate for the purposes contemplated in this Agreement
and related specifications.
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
SUBPART B—PROGRAMMATIC AND REPORTING REQUIREMENTS
ARTICLE 4 —PROGRAMMATIC PROVISIONS
4.l Applicant Eligibility
CSD's LIHEAP service provider agencies, and/or CSD personnel in some instances, will
process applications and make a determination of applicant's eligibility for utility
assistance based upon pre-established criteria in accordance with federal and state
LIHEAP requirements.
4.2 Payment Issuance and Processing
A. Utility Direct Pay Web Service. CSD will host a Utility Direct Pay Web Service
(Web Service). Contractor will use the Web Service in order to receive Direct
Pay data records from CSD, and to transmit status and"return credit" results back
to CSD. The Web Service will replace all current modes of data communication
of direct pay data between CSD and Contractor:
1. Contractor must use Web Service operations to retrieve their Direct Pay
records and to post resulting statuses for all Direct Pay records received
from CSD, (full payments, full credit returns, partial credit returns, and
any other pertinent statuses).
2. CSD will no longer accept return statuses via fax, email, or paper
transmissions.
3. CSD will provide Contractor with specifications, docuinentation, sample
code, and test client software, as necessary, to enable Contractor's use of
the Web Service.
B, Funds provided under this Agreement shall be disbursed and applicant accounts
credited in accordance with the provisions of the LIHEAP Direct Payment
Instructions (Attachment 1). Payments shall issue in the form of a State of
California warrant, along with a Direct Payment Summary (See Subpart D,
Attachment 2) via Web Service/FTP transmission. The warrant shall represent
the sum total of payments identified in the Direct Payment Summary
transmission.
C. Upon receipt of the warrant, Contractor shall review the associated FTP
transmission "batch run" to identify the customers' accotmts to be credited.
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
D. Timeliness and Customer Notification of Credit. Contractor shall attempt to
credit the accounts of qualified low-income customers by the subsequent billing
cycle following the receipt of the transmittal and State of California warrant.
Contractor will provide notification of LIHEAP payment to each customer for
whom a credit is made. The wording of said notification must contain the words
"LIHEAP credit."
4.3 Payment Verification
A. Completion of Direct Pavment Summary. Within ten (10) woi•king days of
processing a batch run of LIHEAP customer credits, Contractor is responsible for
completing and returning the Direct Payment Summary to CSD. The Direct
Payment Summary inust include the following information:
L Total number of customer accounts where the Contractor was successful
in crediting full amount of eligible LIHEAP benefit;
2. Customer accounts where the Contractor was only able to credit a partial
amount of the eligible LIHEAP benefit, also referred to as Partial Payment
Return; and
3. Customer accounts where the Contractor was unable to credit any of the
eligible LIHEAP assistance amount, also referred to as Full Payment
Return.
B. Undeliverable Benefits. In the event that a credit cannot be posted to a
customer's account, Contractor shall make reasonable attempts to identify the
account and complete delivery. Contractor shall return any undeliverable
LIHEAP benefits to CSD within 60 days of receipt of the warrant.
4.4 Telephone Pledges Under Ener�y Crisis Intervention Program/Fast Track
Customers applying for LIHEAP assistance who have received a shutoff or disconnection
notice may qualify for the Energy Crisis Intervention Program or Fast Track (ECIP/Fast
Track) as determined by the agency or CSD staff processing the application. In order to
carry out the purposes of the program and prevent interruption ar loss of energy services,
an expedited telephone pledge process may be utilized.
A. Only authorized agency or CSD staff may make pledges on behalf of customers
determined eligible for ECIP/Fast Track.
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTSI & II
Bo Fraud Prevention
If Contractor's personnel responsible for receiving pledges have any concerns or
questions about the legitimacy of a pledge, ar the caller's authority to make
pledges, Contractor should notify the agency's contact person or CSD's Project
Coordinator (identified in Article 1.4 of this Agreement) immediately to verify the
pledge.
C, Contractor shall post the pledge amount as a credit pending on the customer's
account and shall ensure that any scheduled disconnection or termination process
is canceled.
D. The agency is responsible for prompt submittal of pledge data to CSD to ensure
that Contractor receives the payment as quickly as possible. To ensure prompt
payment on pledges, Contractor shall run a quarterly pledge report as provided
below in Article 5.1.
4.5 Assurances
A. Contractor shall charge the eligible household, in the normal billing process, the
difference between the actual cost of the hoine energy and the payment amount
made by the Department. The actual costs of the home energy shall be consistent
with appropriate utility company tariffs as approved by the CPUC, if applicable.
B. No customer receiving LIHEAP assistance pursuant to this Agreement will be
subjected to disparate or adverse treatment by Contractor due to receipt of such
assistance, in accordance with applicable state laws.
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City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
ARTICLE 5—REPORTING AND RECONCILIATION REQUIREMENTS
5.1 Quarterly Pledge Reports
On at least a quarterly basis, Contractor shall provide CSD with a summary pledge report
including the following information:
A. Number of pledges received during the quarter;
B. Average value of pledges;
C. Number of pledges during the quarter that expired before receipt of payment; and
D. Average number of days between initial receipt of pledges and delivery of benefit
to customers' accounts.
5.2 Specific Requests for Additional Pledge Information
To allow CSD to investigate and rectify instances of delayed benefit issuance and/or
incidents of potential fraud or abuse in the pledge process, Contractor shall, on an as-
requested basis, provide CSD with specific information on expired pledges, including
(but not limited to) name of agency/agency representative making the pledge, name and
address of customer, and frequency of pledges.
5.3 Account Reconciliation
On no less than an annual basis, Contractor shall review and reconcile Direct Payment
Summaries as necessary to ensure that any/all undeliverable LIHEAP benefits have been
returned to CSD in accordance with Article 4.3 of this Agreement.
5.4 Additional Reporting Requirements �
Any further reports necessary to carry out the purposes of this Agreement are detailed in
the LIHEAP Direct Payment Instructions and the attachments thereto in Subpart D.
16
City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
SUBPART C — GENERAL TERMS & CONDITIONS
ARTICLE 6 -- GENERAL TERMS AND CONDITIONS— GTC 610
1. APPROVAL: This Agreement is of no force ar effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not
commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or
in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have the
right to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Contractor agrees to maintain such records for possible
audit for a minimum of three (3) years after final payment, unless a longer period of
records retention is stipulated. Contractor agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who
might reasonably have infonnation related to such records. Further, Contractor agrees to
include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code
§1011S et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing or
. resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm or corporation furnishing or supplying work services, materials, or supplies
in connection with the performance of this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm or corporation w$o may be injured or
damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement
during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved
of any payments should the Contractor fail to perform the requirements of this
Agreement at the time and in the manner herein provided. In the event of such
17
City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
termination the State may proceed with the work in any manner deemed proper by the
State. All costs to the State shall be deducted from any sum due the Contractor under this
Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent capacity
and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post-consumer material as defined in
the Public Contract Code Section 12200, in products, materials, goods, or supplies
offered or sold to the State regardless of whether the product meets the requirements of
Public Contract Code Section 12209. With respect to printer or duplication cartridges
that coinply with the requirements of Section 12156(e), the certification required by this
subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow
harassment against any employee or applicant for employment because of sex, race,
color, ancestry, religious creed, national origin, physical disability (including HIV and
AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status,
and denial of family care leave. Contractor and subcontractors shall insure that the
evaluation and treatment of their employees and applicants for employment are free from
such discrimination and harassment. Contractor and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-� et seq.)
and the applicable regulations promulgated thereunder (California Code of Regulations,
Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990 (a-�, set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor
. and its subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a
part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
18
City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
13, COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be
in compensation for all of Contractor's expenses incurred in the performance hereof,
including travel, per diein, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15e ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that
if these services or goods are obtained by means of a competitive bid, the Contractor shall
comply with the requirements of the Government Codes Sections set out below:
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General may
bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that
if the bid is accepted, it will assign to the purchasing body all rights, title, and
interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing
with Section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, materials, or services by the bidder for
sale to the purchasing body pursuant to the bid. Such assignment shall be made
. and become effective at the time the purchasing body tenders final payment to the
bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment
or settlement, a monetary recovery for a cause of action assigned under this
chapter, the assignor shall be entitled to receive reimbursement for actual legal
costs incurred and may, upon demand, recover from the public body any portion
of the recovery, including treble damages, attributable to overcharges that were
paid by the assignor but were not paid by the public body as part of the bid price,
less the expenses incurred in obtaining that portion of the recovery. Government
Code Section 4553,
19
City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTSI & II
d. Upon demand in writing by the assignor, the assignee shall, within one year fi�om
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 assignee has not been injured thereby, or (b) the assignee
declines to file a court action for the cause of action. See Government Code
Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of$100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The Contractor recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
17. LJNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions
of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of$200,000, the 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 ll200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business
participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified
elsewhere in this Contract) report to the awarding department the actual
percentage of small business participation that was achieved. (Govt. Code §
14841.)
20
City of Ukiab
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
b, If for this Contract Contractor made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Contractor must within 60 days of
receiving final payment under this Contract (or within such other time period as
may be specified elsewhere in this Contract) certify in a report to the awarding
department: (1) the total amount the prime Contractor received under the
Contract; (2) the name and address of the DVBE(s) that participated in the
performance of the Contract; (3) the amount each DVBE received from the prime
Contractor; (4) that all payments under the Contract have been made to the
DVBE; and (5) the actual percentage of DVBE participation that was achieved. A
person or entity that knowingly provides false information shall be subject to a
civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §
14841.)
20. LOSS LEADER: If this Contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a"loss leader"
as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21
City of Ukiah
Direct Payment Agreement
Agreement No. 14Y-1426
DIRECT PAYMENT AGREEMENT
PARTS I & II
SUBPART D— FORMS AND ATTACHMENTS
T:ADirect Payment�2014 Direct Payment\ContractsU4Y-1426.Docx
22
(October 1, 2014—Apri130, 2017
Direct Pay Agreement)
Direct Payment
LIHEAP Direct Payment Instructions and Samples
• Attachment 1 — Direct Payment Instructions
• Attachment 2 — HEAP Direct Payment Summary
(Clctober 1, 2014—Apri130, 2017
Direct Pay Agreement)
ATTACHMENT 1
LIHEAP DIRECT PAYMENT INSTRUCTIONS
HOW TO MAKE A MATCH
OPEN ACCOUNTS: If an applicant's utility account is open at the time a LIHEAP
payment is received, the full amount of the payment can be applied even if it creates a
credit to the account.
It is incumbent upon your company to match payments to the correct account and
customer of record to which the LIHEAP applicant has directed the benefit. Far this
purpose, both 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 ACCOUNTS: If, at the time the LIHEAP benefit is to be applied, and the
applicant's reported utility account is closed, you must select and complete one of the
three options below:
1.) A match can be made with an applicant's new account within the same utility
company.
2.) If the account is CLOSED with an outstanding balance owed, a partial
payment can be made and the difference refunded to CSD with a notation on
your printout.
3.) If the account is CLOSED with no outstanding balance, the total amount of
LIHEAP benefit should be returned to CSD with a notation on your printout.
HOW TO NOTIFY CSD OF PARTIALS AND/OR NON-MATCHES
1.) PRINTOUTS:
• Provide the name of the customer of record to whose account the partial
payment was applied.
• Note beside the LIHEAP payment the amount that is being returned to
CSD (the difference between the CSD payment and the returned amount is
the amount which ��as credited to the customer of record). If there is a
100% refund to CSD, note the total LIHEAP payment amount.
• Return the LIHEAP DIRECT PAYMENT SUMMARY SHEET, which
accompanies each run of selected payment records, with the number of
partials and/or non-matches (See Attachment 2).
1
(October 1, 2014—April 30, 2017
Direct Pay Agreeinent)
• Attach a check made payable to CSD and return your printout/customer
information(with partials/non-matches information) and summary page
to:
The Department of Community Services and Development
Energy and Environmental Services
2389 Gateway Oaks Drive, Suite 100
Sacramento, CA 95833
WHAT IF ALL RECORDS ARE MATCHES
If you find that all records on a specific run are matches to your client database, you need
to notify CSD on the LIHEAP Direct Payment Summary. In the case of a 100% match,
the figure in the "Run $ Total" column would be the same amount as the amount in the
"Total $ Match" column (Attachment 2).
2
�
� ___�.,_
State of California-Health and Human Services Agency __
DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT ! ;=;� �
���� - 2389 Gateway Oal:s Drive,Suite 100,Sacramento,CA 95833 � ' �•��
' 4 F Telephone: (916)576-7109 � Fax: (916)263-1406 �a;-��� �
z.., � rvww.csd.ca.6ov _z�r+�
,h..,,.,�„�,w �'
LINNE K.STOUT EDMUND G.BROWN JR.
DIRECTOR GOVERNOR
ATTACHMENT 2
2014 LIHEAP DIRECT PAYMENT' SUMMARY
PLEASE COMPLETE FOR EACH DIRECT PAYMEN'� BATCH
(A) (B) (C) (D)
CSD RUN DATE TOTAL DOLLAR TOTAL DOLLAR TOTAL NUMBER TOTAL DOLLARS
(THIS DATE IS ON THE AMOUNT FROM AMOUNT BEING OF RECORDS THAT MATCHED
TOP LEFT HAND CSD RETURNED CSD BEING RETURNED (THIS IS THE AMOUNT
CORNER OF THE PRINT- (THIS IS THE CHECK ENTER THE AMOUNT
OUTS) � TO CSD THAT YOU STARTED
AMOUNT THAT WAS OF THE CHECK THAT (ENTER THE NUMBER WITH, MINUS ANY
SENT WITH THIS RUN WILL BE RETURNED OF RECORDS THAT RETURN DOLLARS,
DATE NOTE: THIS TO CSD WITH THIS WILL BE RETURNED TO EQUALS TOTAL
AMOUNT SHOULD FORM) CSD WITH THIS FORM) DOLLARS MATCHED A-
MATCH THE PRINT- B=D)
OUT
07/O1/2014
COMPLETED BY: PHONE:
UTILITY COMPANY: DATE:
PLEASE RETURN THIS SUMMARY SHEET WITH PRINT-OUTS AND CHECK (FOR NON-MATCHES)
NO LATER THAN 10 DAYS FOLLOWING RECEIPT FROM CSD
PLEASE RETURN SUMMARY SHEET TO: ALBERT COBIAN, ENERGY SERVICES
HOME ENERGY ASSISTANCE PROGRAM
2389 GATEWAY OAKS DRIVE, SUITE 100
SAC�ErrTO, CA 95833
IF YOU HAVE ANY QUESTION PLEASE CONTACT
ALBERT COBIAN (916) 576-7180
CSD USE ONLY
CHECK DATE
NUMBER RECENED DATE SENT TO
�AMOUNT SUMMARY ITS
RETURNED
Serving Low-Income Families Through Community Partners