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HomeMy WebLinkAboutSalvation Army 2007-09-0107 Professional Services Contract This Agreement is made and entered in Ukiah, California, on September 1, 2007, by and between the Salvation Army ("Contractor"), and the City of Ukiah ("Ukiah"), a general law municipal global corporation. 1. SERVICES PROVIDED BY CONTRACTOR. Contractor shall provide the services as specified in the attached Program Descriptions, which are identified as Attachment All to this Agreement and incorporated herein by reference. If any provision of this Agreement and the Program Descriptions are inconsistent or conflict the provisions of the Agreement shall prevail: Contractor shall provide the following services for the duration of this Agreement: a. Under the guidelines listed in Attachment #1, for the Emergency Assistance, Low Income Assistance, Senior Citizen Low Income Assistance Programs, and Attachment #2, for the Energy Rebate Program, offered by the City's Public Utilities Department, as they are written or revised by the City of Ukiah, determine eligibility as they are written or revised by the City of Ukiah. Eligibility determination shall include: i. Interview applicants for City of Ukiah Low Income Assistance Programs and Emergency Assistance Program ii. Require Verification of eligibility for Low Income Programs, Emergency Assistance Program and Energy Rebate Program, including but not limited to income of household, occupancy, age of . eligible seniors, documented evidence of any exception to guidelines b. Maintain records of all Low Income and Emergency Assistance programs regardless of their eligibility c. Maintain reporting records for Energy Rebate Program under guidelines in Attachment #2 d. Submit to City of Ukiah, written approval of eligible applicants of Assistance Programs e. Mail applications with verification of eligibility for energy rebates to City of Ukiah's Contracted Service Provider for Processing of Energy Rebate applications f. Submit to City of Ukiah, a summary of all applicants quarterly on report form provided by City of Ukiah. Ukiah shall have the right at all reasonable times on reasonable notice to Contractor to audit its books, records and accounts pertaining to the City of Ukiah Low Income Assistance Programs and Emergency Assistance Programs. Contractor shall maintain financial records sufficient accounting to generally accepted accounting principles to permit an accurate assessment of its finances and transactions. It shall maintain these records in a location reasonably accessible to Ukiah and for a three (3) year period following each of the fiscal years that the records cover. 2. TIME OF PERFORMANCE. Contractor shall provide the services as requested by Ukiah in accordance with a schedule agreed upon as to each service requested. 3. TERM The terms of this Agreement shall cover the Period, beginning on September 1, 2007, and ending on August 31, 2010, unless extended by mutual written agreement of the parties or terminated as provided in paragraph 9. 4. COMPENSATION. Ukiah shall pay Contractor in accordance with the program budget, which is $35,000.00 for the life of this agreement and paid on a quarterly basis at a rate of $2917.00. Compensation shall be prorated from the effective date of contract through September 30, 2007 at the rate of $972.00 per month and thereafter, quarterly payments with be made during the months of October, January, April, and July until the termination of the contract. 5. METHOD OF PAYMENT Billing and payments shall be made on a quarterly basis and paid by check 6. CONFIDENTIALITY. Contractor hereby agrees that it, and its officers, agents, and employees will not disclose or make any other use of information about the business methods, operations, costs, proposals, budgets, and projections of Ukiah or any other information of a confidential nature pertaining to Ukiah, without the prior written consent of the Finance Director. 7. INDEMNIFICATION AND INSURANCE. 7.1 Indemnification. Contractor shall hold City harmless from and defend City against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or willfully wrongful act or omission of Contractor in performing services under this Agreement, except that caused by the sole and active negligence or willful misconduct of City or City's employees. These indemnity obligations shall include reasonable attorney fees, investigation costs, and all other reasonable costs incurred by City from the first notice that any claim or demand is to be made or may be made. City shall promptly give notice to Contractor of any claim or demand. The provisions of this Section shall survive the termination of Agreement for any event occurring prior to the termination. 7.2 Insurance. Contractor shall comply with the insurance requirements set forth in the attached Exhibit A, which is incorporated herein by reference as though set forth in full. Comprehensive general liability insurance is only required in Contracts, where the compensation payable to Contractor under this Agreement equals or exceeds $1500. 8. RETURN OF DOCUMENTS. Upon termination of Contractor 's services to the Ukiah under this Agreement, Contractor agrees to return all written and other materials, which are not matters of public record, furnished to him by Ukiah. Any documents created by Contractor as part of providing services under this Agreement shall be the property of Ukiah which shall own the copyright to same. Any and all such documents shall be furnished to Ukiah upon request. 9. TERMINATION. This Agreement may only be terminated by Ukiah: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) Ukiah has abandoned and does not wish to complete the project for which Contractor was retained. Ukiah shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. Ukiah shall pay the Contractor only for services performed and expenses incurred as of the effective termination date. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Agreement shall, at the option of Ukiah, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off -set for any direct or consequential damages Ukiah may incur as a result of Contractor's breach of contract. Contractor may terminate the Agreement on 15 days written notice to Ukiah. In that event Contractor shall be compensated and documents shall be handled as provided in this paragraph. 10. MODIFICATION OF AGREEMENT. Ukiah may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between Ukiah and the Contractor, shall be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 11. ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of Ukiah. 12. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement.. 13. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Contractor is an independent contractor and not an employee, joint venturer, or partner of Ukiah for any purpose whatsoever. Ukiah shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in Ukiah have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and Ukiah. Contractor shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold Ukiah and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Contractor warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County. 15. SEVERABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in anyway. 16. INTEGRATION. This Agreement contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 17. WAIVER. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 18. NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered or when deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: Contractor Salvation Army 714 S State St Ukiah Ca 95482 19. PARAGRAPH HEADINGS. U KIAH Finance Dept., c/o: City of Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 20. DUPLICATE ORIGINALS. This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. WHEREFORE, the parties have entered this Agreement on the date first written above. CONTRACTOR THE LVATION ARMY, A CALIFORNIA CORPOROON By: NOV 14 ZA Date Title: DONALD C. BELL *Vice President MICHAEL . OODR ECRETAR-Y Finance Shared File: CARES folder; salvation army contract UKIAH e �b —/7 a�7 Date Title:( mac, DATE t M' CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 1 10/05/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED The Salvation Army - Division 4 INSURERA:Lexington Insurance Company & +X V 19437-000 180 East Ocean Blvd. INSURER B: Long Beach, CA 90802 INSURER C: INSURER D: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' TYPEOFINSURANCE POLICYNUMBER POLICY EFFECTIVE T POLICY EXPIRATION T D LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY 6309765 10/1/2007 10/1/200$ EACHOCCURRENCE $ 4,000,000 PREMISES Eaocourertce $ 1,000,000 MED EXP (Anyone person) $ CLAIMS MADE 7 OCCUR PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 61000,000 GEMLAGGREGATELIMITAPPLIESPER: PRODUCTS- COMP/OP AGG $ 4,000,000 POLICY F 7 PROT X LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) . $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO fil OCT (y S 2007JU I AUTOONLY: AGG $ EXCESS/UMBRELLALIABILITY City t `k';A EACHOCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE Cf (� $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC T ST MIO R T RY IMI EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEPJEXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE -POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Division #04-001; Purpose: To provide emergency assistance services. j CERTIFICATE HOLDER GAN(aLL.AI WN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Ukiah "- 300 Seminary Avenue pus Eo Ukiah, CA 95482 ACORD 25 (2001/08) C011:2133402 Tpl:690528 Cert:96532 .TION 1988 �ffy�a ESss' through Energy Support sponsored by City of Ukiah. Administered by the Salvation Army. VM-ATTACHMENT #1 Ukiah C.A.R.E.S. Guidelines (effediveAprill, 2007) The City of Ukiah C.A.R.E.S. Temporary Emergency Assistance and Monthly Discount Rates are not entitlement programs. Assistance will be available only as long as there is funding and applicants are deemed eligible through the Salvation Army's office at: 714 S. State St., Ukiah, CA 95482, (707) 468- 9577. The assistance for all Ukiah C.A.R.E.S. programs applies to City of Ukiah residential electric charnes only. EMERGENCY ASSISTANCE PROGRAM A City of Ukiah utility customer can receive up to $350 maximum each twelve-month period (whichever comes first*). The non -electric portion of the household's utility bill must be paid prior to receiving the Emergency Assistance benefit. If a customer's electric charges do not equal or exceed $350- at the time of the first eligibility period, they may re -apply and become eligible for the remaining balance of the maximum benefit before the end of the twelve-month period. For example, if a customer is eligible to receive emergency funds in the amount of $160- in January and has emergency needs in August of that same year, they may re -apply for a benefit of $190- as long as they meet the eligibility guidelines. The following set of circumstances may be taken into consideration to allow for energy assistance as exceptions to the guidelines. 1. An ENERGY EMERGENCY must be present {applicant has received a Delinquent or Notice of Termination with disconnection of power eminent and as a result of income and assets is unable to pay his/her electric bill in installments). a. Exceptions to this guideline include: i. Unexpected repair or replacement of water heater/refrigerator or heater that created an unusually high electric bill is present. ii. This customer could qualify for assistance without being on a Delinquent or Notice of Termination. 2. Applicant is unable to complete direct payment amortization to the City of Ukiah. It is possible and acceptable that a customer will contact TSA (The Salvation Army) prior to attempting payment arrangements with City of Ukiah Customer Service Department. 3. Applicant must provide acceptable evidence that gross household income must not exceed 200% of the current federal Poverty Income Guidelines. a. Applicant must provide verification of at least two (2) pay periods prior tot ate of application. l b. Proof of income includes but is not Limited to: i. Pay Stub ii. Award Letter iii. Copy of Federal Tax Return Page I .R.E.S. Program Guidelines (Cont'd) 4. Household income and available assets must be insufficient to pay the electric charges. a. Household income means all monev (including instruments readily converted to money Such as, but not limited to, stocks, bonds, stock options, certificates of deposit, whole life insurance policies) received or expected within the calendar year, and any other benefits available to meet living expenses. b. Assets mean any tangible or intangible property readily convertible to cash and available to any household members. C. 5. Applicant must not be residing in subsidized housing (Section 8, HUD, RCHDC, CDC, or FmHa). a. Exception - the applicant could qualify if: All other criteria are met and circumstances like temporary loss or delay of income is present. b. Immediate family emergency is present such as: i. Verification of responsibility of funeral expenses ii. Verification of unexpected medical expenses not covered by insurance iii. Unexpected repair of major household appliance or vehicle required for employment 6. No alternative assistance is available a. Exception - If applicant has applied for HEAP but funds have not yet been promised to the City of Ukiah, The Salvation Army may assist in their normal manner and determine eligibility for the applicants' energy emergency. a. If applicant has applied and qualified for ECIP, funds would be forthcoming and City staff will hold the customer's account. TSA (The Salvation Army) shall delay determination of eligibility for a 6=month period after the application date of ECIP. b. Exception - If the total gross income of the household normally exceeds the FPIG standard, but extenuating circumstances are present, TSA (The Salvation Army) may determine a household eligible for assistance upon verification of the following items including but not limited to: i. Temporary Loss of Employment/income of Primary and/or SecondaryWage Earner ii. Unexpected, uncovered Medical Expenses iii. Unexpected Funeral Expenses iv. Temporary Disability V. Unexpected water heater/refrigerator/heater or other major household repair or replacement is present. 7. Applicant must possess insufficient cash assets No Exceptions to this guideline is allowed 8. A plan to pay their future energy bills must be completed No Exceptions to this guideline is allowed Page 2 Ukiah C.A.R.E:& Program Guidelines (Cont'd) SENIOR CITIZEN DISCOUNT RATE PROGRAM 1. Applicant must be 62 years or older. a. Identification validating date of birth is required such as: i. Drivers License ii. Birth Certificate iii. Medicare Card validating Birth Date No exceptions to this guideline 2. Applicant must provide verification of annual gross household income on a calendar year basis for all household members. a. Applicant must provide verification of annual income prior to the date of application. b. Proof of income includes but is not limited to: i. Pay Stub, if produced for one month amount will be multiplied by 12 to determine annual income. ii. Award Letter iii. Copy of Federal Tax Return No exceptions to this guideline 3. The total household income must not exceed 200% of the current Federal Poverty Income Guidelines a. Household income means all money (including instruments readily converted to money such as, but not limited to, stocks, bonds, stock options, certificates of deposit, whole life insurance policies) received or expected within the calendar. year, and any other benefits available to meet living expenses. b. Assets mean any tangible or intangible property readily convertible to cash and available to any household members. No exceptions to this guideline 4. Utility services must be in the eligible senior citizen's name. No exceptions to this guideline 5. Eligibility must be renewed each twelve month period No exceptions to this guideline Finance shared uldah care guidelines March 2007 Page 3 Ukiah C.A.R.ES. Program Guidelines (Cont'd) ..e;. MONTHLY DISCOUNT RATE PROGRAM 1. Applicant must provide verification of annualrg oss household income on a calendar year basis for all household members. a. Applicant must provide verification of annual income prior to the date of application. b. Proof of income includes but is not limited to: i. Pay Stub, if produced for one month amount will be multiplied by 12 to determine annual income. ii. Award Letter iii. Copy of Federal Tax Return No exceptions to this guideline 2. The total -gross household income must not exceed 204% of the current Federal Poverty Income Guidelines a. Household income means all money (including instruments readily converted to money such as, but not limited to, stocks, bonds, stock options, certificates of deposit, whole life insurance policies) received or expected within the calendar year, and any other benefits available to meet living expenses b. Assets mean any tangible or intangible property readily convertible to cash and available to any household members No exceptions to this guideline 3. Utility services must be in the eligible applicant's name. No exceptions to this guideline 4. Applicant must not be residing in subsidized housing (Section 8, HUD, RCHDC, CDC, FmHa). a. Exception - the applicant could qualify if: i. All other criteria are met and circumstances like temporary loss or delay of income is present. b. Immediate family emergency is present such as: i. Verification of responsibility of funeral expenses ii. Verification of unexpected medical expenses not covered by insurance iii. Unexpected repair of major household appliance or vehicle required for employment 5. Eligibility must be renewed each twelve month period. No exceptions to this guideline Finance shared uldah cares guidelines march -2007 Page 4 e 1 s ATTACHMENT #2 Energy Rebate Verification Guideline for Service Salvation Army Services Contract The City of Ukiah would like to add the following items to the duties currently outlined in the Professional Services Contract between the City of Ukiah and the Salvation Army. Salvation Army will determine income eligibility for low income families for a higher energy rebate through City of Ukiah's Energy Rebate Program using the following steps: • Accept application packets from the applicant. The applicant must provide Salvation Army with a stamped envelope addressed to Efficiency Services Group (contracted to process applications for Energy rebates) • . By using the income guidelines and documentation listed in item 1.1 a. ii of the current service contract, and outlined in Attachment 1, determine if the applicant is income qualified for the low income energy rebate. _On the back of the application in the area provided, check the appropriate box as either approved or disapproved, sign and date. • The application will then be put into the stamped addressed envelope provided by the applicant and mailed with Salvation Army's regular outgoing mail. The application should not be handed back to the applicant for mailing. • On a monthly basis, using the spreadsheet provided by the City of Ukiah, mark the number of applications processed, number approved under the appropriate income level and the number disapproved in the area provided. (per service contract item 1.1 section b & d) • Salvation Army is NOT responsible for making sure the application is complete or that required documentation is included. This is the responsibility of the applicant prior to bringing the packet for income verification and will be reviewed for completeness by Efficiency Services Group. Finance shared folder: Cares folder, salvation army Attachment #2 energy rebate verification