HomeMy WebLinkAboutResolution No. UB- 12-C434
RESOLUTION NO. 12-C43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
EXTENDING THE LOW INCOME HOME ENERGY ASSISTANCE
PROGRAM FOR AZUSA RESIDENTS.
WHEREAS, the Low Income Energy Assistance Program is funded by the federal
government and administered by the State of California to assist low income electric customers;
WHEREAS, the City Council supports programs to assist low income residents in the
City of Azusa; and
WHEREAS, Azusa Light & Water desires to offer this program to Azusa residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES FIND AND DECLARE THAT:
The Low Income Home Energy Assistance Program agreement is hereby adopted for
July 1, 2012 through September 30, 2014.
PASSED, APPROVED AND ADOPTED this 25`h day of June, 2012.
oseph R. Rocha, Mayor
ATTEST:
Vera Mendoza
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Resolution No. 12-C43 was duly introduced and adopted at a regular meeting of the Azusa City
Council/Utility Board on the 25`h of June, 2012, by the following vote, to wit:
AYES: COUNCILMEMBERS: GONZALES, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: CARRILLO
Vera Mendoza
City Clerk
STATE OF CALIFORMA-DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9)
STD. 204 (Rev. 6.2003)
INSTRUCTIONS: Complete all information on this form. Sign, date, and return to the State agency (department/office) address shown at '
the bottom of this page. Prompt return of this fully completed form will prevent delays when processing payments. Information provided In
this form will be used by Stale agencies to prepare Information Returns (1099). See reverse side for more information and Privacy
Statement.
NOTE: Govemmentai entities, federal, State, and local (including school districts), are not required to submit this form.
PAYEE'S LEGAL BUSINESS NAME (Type or Print)
L h+ 4- Wa_-}e.r
if 1'4 of 142 -Lisa,
SOLE PRO RIETOR—ENTER NAME AS SHOWN ON SSN (Last, First, M.I.) E-MAIL ADDRESS
MAILING ADDRESS
BUSINESS ADDRESS
7,A q N. Azusa, Ave,
7a9 N. ,42-usa ue_-
CITY, STATE, ZIP CODE
CITY, STATE, ZIP CODE
Az"5a- CA 91-7oa.,
Azusa CA 01170
3
ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): I6I5I — 16 I o 1010 I b 1'710
NOTE:
❑
Payment will not
l] PARTNERSHIP CORPORATION:
be processed
PAYEE
❑ MEDICAL (e.g.. dentistry, psychotherapy, chiropractic, etc.)
without an
ENTITY
Q ESTATE OR TRUST ❑ LEGAL (e.g., attorney services)
accompanying
TYPE
❑ EXEMPT (nonprofit)
taxpayer I.D.
number.
ALL OTHERS
CHECK
ONE BOX
F__J INDIVIDUAL OR SOLE PROPRIETOR
ONLY
ENTER SOCIAL SECURITY NUMBER:
'
SSN required by authority of California Revenue and Tax Code Section 18646
(� California resident - Qualified to do business in California or maintains a permanent place of business in California.
California nonresident (see reverse side) - Payments to nonresidents for services may be subject to State income tax
PAYEE
withholding. "
RESIDENCY
❑ No services performed in California.
STATUS
❑ Copy of Franchise Tax Board waiver of State withholding attached.
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the State agency below.
AUTHORIZED PAYEE REPRESENTATIVE'S NAME (Type or Print) T TLE
6t.Ps Qh'i btr reEFor
KcLrel11/afrlarti LLstomelf— are + Sol LL+;
SIGNATURE DATE iELEPHIONE
Please return completed form to:
6
Department/Office: Department of Community Services and Development
Unit/Section: Contract Services Unit
Mailing Address: P.O. Box 1947
City/State/Zip: Sacramento, California 95817-1947
Telephone:f916) Fax:9( 16)
E-mail Address:
,rLs
STATE OF CALIFORNIA
AGREEMENT
July 1, 2012 -September 30, 2014
Direct Payment Agreement
Agreement No. 12Y-1403
This Agreement consists of this signature page, Exhibits A through F. and Attachments I through
IV, which are attached hereto and incorporated herein by this reference. It is entered into
between the State of California, Department of Community Services and Development, and
the Utility Company, Azusa Light and Water:
Utility Company:
The term of this Agreement is:
The maximum amount of this Agreement is:
Agreed to and approved:
CONTRACTOR
By:
Auth ized Signature
Jose h R .Rocha. M or
Printed Name and Title of Person igning
Azusa Light and Water
July 1, 2012 through September 30, 2014
Azusa Light and Water
to/24�i Z
Date Signed
Address: _ai 13 E. Fooik� i t -8 t a
A� us4
CA
Telephone:
Facsimile: lQ 6 — 3. Li — (0 3 5-9
STATE OF CALIFORNIA
Department of Community Services and Development
Authorized Signature
Date Signed
Jean Johnson. Deputy Director of Administrative Services
Printed Name and Title of Person Signing
Address: P.O. Box 1947
Sacramento, California 95812-1947
Telephone: (916) 576-7109
Facsimile: (916) 263-1406
Ift
STATE OF CALIFO
PAYEE DA
STD. 204 (Rev. 6-2(
Requirement to Complete Payee Data Record, STD. 204
1
A completed Payee Data Record, STD 204 is required for payments to all non-governmental entities and will be kept on file at each
State agency. Since each State agency with which you do business must have a separate STD. 204 on file, it is possible for a payee
to receive this form from various State agencies.
Payees -who do not wish to complete the STD. 204 may elect to not do business with the State. If the payee does not complete the
STD. 204 and the required payee data is not otherwise provided, payment may be reduced for federal backup withholding and
nonresident State income tax withholding. Amounts reported on Information Returns (1099) are in accordance with the Internal
Revenue Code and the California Revenue and Taxation Code,
2
Enter the payee's legal business name. Sole proprietorships must also include the owners full name. An individual must list his%her
full name. The mailing address should be the address at which the payee chooses to receive correspondence. Do not enter
payment address or lock box information here.
3
Check the box that corresponds to the payee business type. Check only one box. Corporations must check the box that identifies
the type of corporation. The State of California requires that all parties entering into business transactions that may lead to
payment(s) from the State provide their Taxpayer Identification Number (TIN). The TIN is required by the California Revenue and
Taxation Code Section 18546 to facilitate tax compliance enforcement activities and the preparation of Form 1099 and other
information returns as required by the Internal Revenue Code Section 6109(a).
The TIN for individuals and sole proprietorships is the Social Security Number (SSN). Only partnerships, estates, trusts, and
corporations will enter their Federal Employer Identification Number (FEIN). -
Are you a California resident or nonresident?
4
A corporation will be defined as a "resident' if it has a permanent place of business in California or is qualified through the Secretary
of State to do business in California.
A partnership is considered a resident partnership if it has a permanent place of business in California. An estate is a resident if the
decedent was a California resident at time of death. A trust is a resident if at least one trustee is a California resident.
For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or
transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an
individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident.
However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.
-
Payments to all nonresidents may be subject to withholding. Nonresident payees performing services in California or receiving rent,
lease, or royalty payments from property (real or personal) located in California will have 7% of their total payments withheld for State
income taxes. However, no withholding is required if total payments to the payee are $1,500 or less for the calendar year.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-7924900 E-mail address: wscs.gen@ftb.ca.gov
For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov*
5
Provide the name, title, signature, and telephone number of the individual completing this form. Provide the date the form was
completed.
6
This section must be completed by the State agency requesting the STD. 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, State, or local governmental agency, which
requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is
mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it.
It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not
. provided is subject to federal backup withholding and State law imposes noncompliance penalties of up to $20,000.
You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact
the business services unit or the accounts payable unit of the State agency(ies) with which you transact that business.
All questions should be referred to the requesting State agency listed on the bottom front of this form.
Exhibit A
(Standard Agreement)
SCOPE OF WORK
July 1, 2012 -September 30, 2014
Direct Payment Agreement
The purpose of this Agreement between the Department of Community Services and
Development, hereinafter referred to as CSD or the Department, and the Azusa Light
and Water, 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 payment 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).
LOCATION WHERE SERVICES ARE TO BE PROVIDED
Unless specified in writing, in advance, by CSD, the location of all services to be
provided by CSD under this Agreement will be at:
Department of Community Services and Development
Program Services and Support Unit
2389 Gateway Oaks Way, Suite 100
Sacramento, California 95833
ADDRESSES
All notices to the parti6s shall, unless otherwise requested in writing, be sent to
Contractor's address as follows:
Ko V
Name and Title: rm of nco , As,5' 1 recV r CU,64om 6P C4P e
Company name:Az" a 0� W&4e- 6, So l icHU n S
Address: pari AZ.-sct_ Atre-
City, State and Zip Code: A ZvtSQ t C. A 91 -7 Oa
or by facsimile to b ,;� 8IA - D 9 � 3
and to CSD's address as follows:
Kathy Andry, Senior Manager
Department of Community Services and Development
P.O. Box 1947
Sacramento, CA 95812-1947
Or by facsimile to (916) 263-1651
Al
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT B
(Standard Aereement)
BUDGET DETAIL AND PAYMENT PROVISIONS
PAYMENT
Contractor will not receive any direct financial consideration under this Agreement.
2. CSD'S PROJECT COORDINATOR
The Manager of the Energy and Environmental Services is designated as the
Department's Project Coordinator. The Department may, at any time, designate a
substitute Project Coordinator.
CONTRACTOR'S PROJECT COORDINATOR
1` t,rW V a4q C P,- is designated as the Contractor's Project
Coordinator. The Project Coordinator can be reached at jp a(o — 8l of - .S,Q+O 7
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 amendment to this Agreement.
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 for 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.
Azusa Light and Water
Direct Payment Agreement
Agreement No. 09-1352
STATE OF CALIFORNIA
AGREEMENT
This Agreement consists of this signature page, Exhibits A through F, and Attachments I through
IV, which are attached hereto and incorporated herein by this reference. It is entered into
between the State of California, Department of Community Services and Development, and
the Utility Company, Azusa Light and Water:
Utility Company: Azusa Light and Water
The term of this Agreement is: July 1, 2009 through.June 30, 2012
The maximum amount of this Agreement is: S -0 -
Agreed to and approved:
CONTRACTOR Azusa Light and Water
By.. t �- .2�— Ocl
/,Authorized Signature Date Signed
To ef k R. Rocha cLr
Printed Name and Title of Person in
C t' -+y E) f SiX2 usa
Address: 8 (d d
v .
A2USQ� CA 9l7oZ o _'
0
�yI �7 (J c
Telephone: (�oZ 6' d !d ' S,Za"
Facsimile: 6A6 — 334- 63ST
N
STATE OF CALIFORNIA
Department of Community Services and Development v z
By: Ad- O`Y
uthorized Signature Date Signed
Margie Chan. Deputy Director for Administrative Services Division
Printed Name and Title of Person Signing
Address: 700 North Tenth Street, Room D-215
Sacramento, California 95811-0336
Telephone: (916) 341-4200
Facsimile: (916) 341-4213
\\Cobra\shared\Contracts\Direct Payment\2009 Direct Pa)anet-ABoilerplate\2009 Facesheets and Attachment A\09-1352 Facesheet.doc
Exhibit A
(Standard Agreement)
SCOPE OF WORK
Azusa Light and Water
Direct Payment Agreement
Agreement No. 09-1352
The purpose of this Agreement between the Department of Community Services and
Development, hereinafter referred to as CSD or the Department, and the Azusa Light
and Water, 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 payment 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).
LOCATION WHERE SERVICES ARE TO BE PROVIDED
Unless specified in writing, in advance, by CSD, the location of all services to be
provided by CSD under this Agreement will be at:
Department of Community Services and Development
Program Services and Support Unit
700 North Tenth Street, Room D215
Sacramento, California 95811-0336
3. ADDRESSES
All notices to the parties shall, unless otherwise requested in writing, be sent to
Contractor's address as follows:
Name and Title:V,&rcn V&nca- Assisto-nt Direc,+yt- CuStorne - (rare-
II S o (utiOhS
Company name: A 2 ass_ L I g n t 4-Vf a_+el,—
Address:'7,9 9 N� A Z Lk5 a liy e.
City, State and Zip Code:_ A z u S a . � f� 91 � 0,;t
or by facsimile to(of ai b > a - 0 9103
and to CSD's address as follows:
Sukie Montes, Manager
Department of Community Services and Development
P.O. Box 1947
Sacramento, CA 95812-1947
or by facsimile to (916) 341-4285
\%Cobra\shared\Contracts\Direct Payment\2009 Direct PaymentR009 Facesheets and Scope of Work\094352 Scope of Work.doc
EV
(2009 Direct Payment)
Exhibit B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
PAYMENT
Contractor will not receive any direct financial consideration under this Agreement.
2. CSD'S PROJECT COORDINATOR
The Manager of the Energy and Environmental Services is designated as the
Department's Project Coordinator. The Department may, at any time, designate a
substitute Project Coordinator.
3. CONTRACTOR'S PROJECT COORDINATOR
k6r elin VA h GGL is designated as the Contractor's Project
Coordinator. 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 amendment to this Agreement.
4. 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 for 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 4.A. or 4.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 4.A. or 4.13. above, then CSD
shall promptly notify Contractor's Project Coordinator. CSD and the Contractor's
Project Coordinator shall attempt to amend this Agreement so the LIHEAP .
payments can continue to the extent possible given the nature of the shortage or
unavailability of funding for LIHEAP. The parties agree that it is undesirable to
terminate this Agreement for any short-term unavailability of LIHEAP funds and
that it would be preferable, if Federal funds are not available for LIHEAP, to
suspend LIHEAP until CSD is able to obtain sufficient funding to resume credits
to qualified low-income energy customers, as provided for under LIHEAP.
IN
(2009 Direct Payment)
Exhibit B
(Standard Agreement)
PROVISIONS FOR FEDERALLY FUNDED CONTRACTS
A. It is mutually understood between the parties that this Agreement may have been
written for the mutual benefit of both parties before ascertaining the availability of
congressional appropriation of funds, to avoid program and fiscal delays that would
occur if the Agreement were executed after that determination was made.
B. This contract is valid and enforceable only if sufficient funds are made available to
CSD by the United States Government for the purpose of this program. In addition,
this Agreement is subject to any additional restrictions, limitations, or conditions
enacted by the Congress or to any statute enacted by the 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 funds.
D. CSD has the option to void the Agreement under 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,
limitations 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 further agrees that Contractor's willingness to suspend the LIHEAP, as
described herein and in Section S.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 funds is acceptable, to either Contractor or its customers.
\\Cobra\shamd\Contracts\Direct Payment\2009 Direct Payment\Bcilerplate%04 Exhibit B, Budget Detail and Payment Pmvisions.clm
(2009 Direct Payment)
EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
PLEASE NOTE: This page will not be included with the final agreement. The General Terms
and Conditions will be included in the agreement by reference to Internet site: www.csd.ca.flov.
\\Cobra\shared\Contracts\Direct Payment\2009 Direct Payment\Boilerplate\05 Exhibit C, General Terms and
Conditions.doc
Cl
(2009 Direct Pavment)
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
CANCELLATION
Either party may terminate this Agreement by giving thirty (30) days prior written notice
to the other party.
2. 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.
3. CERTIFICATION
Contractor's signature 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
the following: Information Integrity and Security (Department of Finance, Budget
Letter 04-35).
4. LABOR CODE/WORKERS' COMPENSATION
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 in
accordance with the provisions, and CSD affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code Section 3700)
RESOLUTION
A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body that by law has
authority to enter into an agreement, authorizing execution of the agreement.
6. COMPLIANCE WITH LAWS AND TAX WITHHOLDING
A. CSD 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. CSD represents and warrants that it will withhold all taxes, if any, which are required
to be withheld under 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 required withholding.
\\Cobm\sharcd\Contracts\Direct Payment\2009 Direct Payment\Boilerplate\06 Exhibit D, Special Terms and Conditions.doc
D1
(2009 Direct Payment)
EXHIBIT E
(Standard Agreement)
ADDITIONAL PROVISIONS
INDEPENDENT CONTRACTOR
CSD, and the agents and employees of CSD, in the performance of this Agreement, shall act
in an independent capacity and not as officers or employees or agents of Contractor.
2. DELEGATION OF CSD'S DUTIES
This Agreement is not assignable by CSD, either 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 provide key data entry, document perfection, and/or any other
services under this Agreement without the prior written approval of Contractor, nor shall the
duties of CSD, under this Agreement, be delegated without prior written approval of
Contractor. Unless otherwise expressly agreed upon by Contractor, CSD shall remain
responsible for the quality and timeliness of performance notwithstanding any delegation.
CONFLICT OF INTEREST/BUSINESS ETHICS
CSD shall exercise reasonable care and diligence to prevent any actions or conditions that
could result in a conflict with Contractor's interest. During the term of this Agreement,
CSD shall not accept any employment or engage in any consulting work that creates a
conflict of interest with Contractor 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 Contractor.
4. WARRANTY
CSD warrants to Contractor 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 practices 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.
5. 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
E1
(2009 Direct Payment)
EXHIBIT E
(Standard Agreement)
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 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 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 in
EXHIBIT E, ADDITIONAL PROVISIONS, Section 6., CSD's Use of Contractor's
Property, below 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.
6. CSD'S USE OF CONTRACTOR'S PROPERTY
All records, reports, computer programs, written procedures, and similar materials,
documents, or data, in whatever form provided by Contractor for CSD's use in performance
of services under this Agreement shall remain the confidential property of Contractor. and
shall be returned to Contractor immediately upon completion of CSD's use or upon written
request of Contractor.
AVAILABILITY OF INFORMATION AND PUBLIC TESTIMONY
A. Contractor's duly authorized representatives shall have, for the term of this
Agreement and for two (2) years thereafter, access at all reasonable times, upon five
(5) days written notice and during regular working hours, to the CSD personnel,
accounts, and records, including but not limited to applications processed and
computer files for personnel who perform services for Contractor under this
Agreement in order to verify or review the quantity, quality, work program and
progress of the work, reimbursable costs, amounts claimed by CSD, estimates of cost
for fixed rates, including those applicable to proposed changes, annual audit to verify
recertification processes, and for any other reasonable purposes. The personnel
records, accessible under this paragraph, shall be limited to timekeeping, expense,
and other such public records.
B. This provision shall apply to all Agreements except those performed solely on a
lump -sum basis. However, where lump sum and time and materials work, i.e., unit
price, reimbursable cost, fixed rates, are performed together, either as a part of this
Agreement or as separate contract(s), then the above audit privilege shall also extend
to Contractor for access to all CSD's records pertaining to all contracts including the
lump sum for assurance that the portions of the work performed on a time -and -
materials basis are not being charged with time, material, or other units or cost that
E2
(2009 Direct Payment)
EXHIBIT E
(Standard Agreement)
are intended to be covered by lump sum or fixed rates, etc., provided herein,
supplement hereto or in such other agreements.
C. CSD accounts shall be kept in accordance with generally accepted accounting
principles in the particular industry and shall be kept in such a manner and in
sufficient detail to clearly disclose the nature and amounts of the different items of
service and cost pertaining to this Agreement and the basis for charges or allocations
to this Agreement.
D. CSD shall preserve all such accounts and records for a period of two (2) years after
the expiration of the term of this Agreement. Contractor's duly authorized
representatives shall have the right to reproduce any such accounts and records.
Contractor shall be responsible for the incremental cost, if any, of retention and
retrieval of said records. CSD shall promptly adjust any inaccuracy in the billings.
E. Access under this paragraph shall not extend the time for the taking of written
exception to and the adjustments of accounts as provided for in EXHIBIT B,
BUDGET DETAIL AND PAYMENT PROVISIONS, Section 2. Compensation,
A. Application Category Costs, item 1). CSD shall bear no portion of the
Contractor's audit cost incurred under this paragraph unless agreed to by CSD.
8. 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.
9. PRIOR WORK
Services performed by CSD pursuant to Contractor's authorization, but before the execution
of this Agreement, shall be considered as having been performed subject to the provisions of
this Agreement.
10. INCIDENTAL AND CONSEQUENTIAL DAMAGES
Contractor shall not be liable for 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 Contractor.
11. INSURANCE
CSD is a self-insured entity. If said coverage no longer prevails, CSD will notify Contractor
within thirty (30) days of said coverage expiration.
E3
EXHIBIT E
(Standard Agreement)
12. CAPTIONS
(2009 Direct Payment)
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.
13. 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.
14. OTHER AGREEMENTS
This Agreement shall not prevent either party from entering into similar agreements with
others.
15. DISPUTE RESOLUTION
A. 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 the service of that request on
the other party.
B. 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.
C. 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.
16. ADDITIONAL WORK
Before proceeding with any work involving possible claims for extra compensation not
specified in this Agreement, CSD shall, upon receipt of a detailed description of services
requested, submit in writing to the Contractor a detailed estimate for the cost for such work.
E4
(2009 Direct Payment)
EXHIBIT E
(Standard Agreement)
CSD shall provide the Contractor with a detailed breakdown and estimated cost of
anticipated work, including extensions and change orders, as follows:
A. Description of work to be performed, including detailed.breakdown of identifiable
tasks;
B. Estimated cost of each task;
C. Expected date of completion of each task;
CSD shall not proceed with any such additional work prior to receiving written amendment
to this Agreement, signed by both parties.
17. FEDERAL EQUAL OPPORTUNITY LAWS
During the performance of this Agreement, and to the extent they may be applicable to this
Agreement, CSD agrees to comply with the following:
A. Federal Executive Order 11246, as amended by Executive Order 11375 relating 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. Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of Federal Contract
Compliance Program, Equal Employment Opportunity, Department of Labor, as
amended; and
F. Public Law 101-336, Americans with Disability Act of 1990.
\\Cobra\chared\Con=cts\nirect Pay+nent\2009 Direct Paynnent\BoilerplateM Exhibit E, Additional Provisions.doc
E5
(2009 Direct Payment)
Exhibit F
(Standard Agreement)
PROGRAMMATIC PROVISIONS
A. CSD will process applications and make a determination of applicant's eligibility for
assistance based upon preestablished criteria pursuant to the LIHEAP. CSD will
provide the Contractor with a printout or transmittal (Attachment 2) which lists
applicants determined eligible for assistance and the amount of assistance. Payment,
in the form of a State of California warrant, and Direct Payment Summary
(Attachment 3), shall accompany the printout, and shall represent the sum total of
benefits contained on said transmittal.
B. Contractor will process payments contained on aforementioned printout in
accordance with the provisions of the enclosed LIHEAP Direct Payment
Instructions (Attachment 1).
C. 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."
D. The 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.
E. 1) Contractor is responsible for completing and returning to CSD, the Direct
Payment Summary that accompanies each transmittal, within ten (10)
working days of processing and handling the batch run of eligible low-
income utility customers receiving LIHEAP assistance. Contractor shall
complete the Direct Payment Summary by indicating: 1) the total number
of customer accounts where the Contractor was successful in crediting full
amount of eligible LIHEAP benefit; 2) the 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) the customer
accounts where the Contractor was unable to credit any of the eligible
LIHEAP assistance amount, also referred to as Full Payment Return.
2) Contractor shall return any undeliverable LIHEAP benefits to CSD during
the course of this Agreement.
2. DISBURSEMENTS
Funds provided under this Agreement shall be disbursed and applicant accounts credited
in accordance with the provisions of the LIHEAP Direct Payment Instructions.
FI
Exhibit F
(Standard Agreement)
ASSURANCES
(2009 Direct Payment)
A. Contractor shall charge the eligible household, in the normal billing process, the
difference between the actual cost of the home energy and the payment amount
made by the Department. The actual costs of the home energy shall be consistent
with applicable utility company tariffs as approved by the CPUC, if applicable.
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 regulatory requirements.
4. REPORTS
Reports required under this Agreement are detailed in the LIHEAP Direct Payment
Instructions and the attachments thereto.
\\Cobra\share&Contmcts\Direct Payment\2009 Direct Payment\Boilerplate\08 Exhibit F, Programmatic Provisions.doc
F2
Direct Payment
LIHEAP Direct Payment Instructions and Samples
• Attachment 1 — Direct Pavment Instructions
• Attachment 2 — Sample Printout
• Attachment 3 — HEAP Direct Pavment Summary
* Attachment 4 — Utility Direct Pav File Format
\\Cobra\sharcd\Contmcm\Direct Pavment\2009 Direct PaymenABoilerplate\09 Attachment Coversheet.doc
ATTACHMENT
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. For 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:
l.) 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:
• Copy the page of the printout upon which the LIHEAP applicant's name
appears.
Circle the name of the customer of record to whose account the partial
payment was applied (See Attachment 2).
• 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 was credited to the customer of record). If there is a
100% refund to CSD, note the total LIHEAP payment amount.
Provide an adding machine tape listing the total amount of money to be
refunded to CSD. The tape should include both the individual amounts, as
well as a total.
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 3).
• Attach a check made payable to CSD and return your printout (with
partials/non-matches information), adding machine tape, and summary
page to:
The Department of Community Services and Development
Energy and Environmental Services
P.O. Box 1947
Sacramento, CA 95812-1947
2.) Compact Disk (CD)/File Transfer Protocol (FTP)
If you expect to return the "partial or non -match" information to CSD by
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 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 S Match" column (Attachment 3).
\\CO1hra1shared\Contracts\Direc1 Payment\2009 Direct Payment\13mierplate\IO Attachment 1 Dir. Paym. Instructions.doc
ATTACHMENT 2
DATE: 01/07/2009 DEPARTMENTOF COMMUNITY SERVICES AND DEVELOPMENT
2009 HOME ENERGY ASSISTANCE PROGRAM
(Federally Funded Programs)
UTILITY COMPANY NAME
Pay Run on 01/07/2009
ACCOUNT NUMBER PAY AMT CUSTOMER OF SERVICE ADDRESS APPLICANT LAST NAME
RECORD
4257809602625000003301 $236.00 MELLISA CASTRO 2625 S MAIN ST LOS ANGELES, CA 95678 CASTRO
1099766500156000000401 $294.00 LUIS ABUNDIZ 156 W 82 ST LOS ANGELES, CA 90003 ABUNDIZ
GRAND TOTAL: $530.00
PAGE: I
u111Z
092780500000004
STATE OF CALIFORNIA- HEALTH AND H )MAN SERVICES APFNCY ARNOLD S HWAR7 N E •o a=
DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT
700 North 10th Street, Room D-215
Sacramento, CA 95811-0336
(916) 341.4200
(916) 341-4203 (FAX)
(916) 327-631 B (TDD) -
ATTACHMENT
2009 HEAP DIRECT PAYMENT SUMMARY
PLEASE COMPLETE FOR EACH DIRECT PAYMENT BATCH
COMPLETED BY:
UTILITY COMPANY: DATE:
II PLEASE RETURN THS SUMMAHEET WTH PRINT-OUTS AND CHECK (FO
NOILATER THANS 0 DA SIFOLLOWING RECEIPT FROM CSDR NON MATCHES) '
PLEASE RETURN SUMMARY SHEET TO: Vernita Faison, ENERGY SERVICES
HOME ENERGY ASSISTANCE PROGRAM
P. O. BOX 1947
SACRAMENTO, CA 95812-1947
IF YOU HAVE ANY QUESTION PLEASE CONTACT
VERNITA FAISON (916) 341-4276
CSD USE ONLY
CHECK
(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-
OUTS)
(THIS IS THE CHECK
(ENTER THE AMOUNT
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 TO
OF RECORDS THAT
RETURN DOLLARS,
DATE NOTE: THIS
CSD WITH THIS FORM)
WILL BE RETURNED TO
EQUALS TOTAL
AMOUNT SHOULD
CSD WITH THIS FORM)
DOLLARS MATCHED A -
MATCH THE PRINT-
B -D)
OUT
01/07/2009
COMPLETED BY:
UTILITY COMPANY: DATE:
II PLEASE RETURN THS SUMMAHEET WTH PRINT-OUTS AND CHECK (FO
NOILATER THANS 0 DA SIFOLLOWING RECEIPT FROM CSDR NON MATCHES) '
PLEASE RETURN SUMMARY SHEET TO: Vernita Faison, ENERGY SERVICES
HOME ENERGY ASSISTANCE PROGRAM
P. O. BOX 1947
SACRAMENTO, CA 95812-1947
IF YOU HAVE ANY QUESTION PLEASE CONTACT
VERNITA FAISON (916) 341-4276
CSD USE ONLY
CHECK
DATE
NUMBER
RECEIVED
DATE SENT
TO ITS
AMOUNT
SUMMARY
RETURNED
Header Am
1%
De�
Header Identll
System Date
System Time
Utility Initials
Filler
Detail R
Dain F L2
Record Numb
Utility Acmunl
Payment Amo
Energy Bill Ad
Energy Bill Ad
Energy Bill Ad
Energy Bill Ad
Energy Bill Ad
Bill First Name
Bill Last Name
Bill Middle Init
Applicant Firsl
Applicant last
Applicant SSD
App SLN
App DLN
FootenRec
Ds}e Ffeid
Footer Identifi
Re rd Count
Payment Amo
Filler
Notes:
Fixed record
Source MUM
a=applicant
_aP=app oro<
ae=apP_ene
L=app orogr
u = utility
(rev. 11R 01)
Attachment 4 StdDirectPayFileFomlat2009
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT B
(Standard Agreement)
C. Notwithstanding the language in Sections 4.A. or 4.13. 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 4.A. or 4.13. above, then CSD
shall promptly notify Contractor's Project Coordinator. CSD and the Contractor's
Project Coordinator shall attempt to amend this Agreement so the LIHEAP
payments can continue to the extent possible given the nature of the shortage or
unavailability of funding for LIHEAP. The parties agree that it is undesirable to
terminate this Agreement for any short-term unavailability of LIHEAP funds and
that it would be preferable, if Federal funds are not available for LIHEAP, to
suspend LIHEAP until CSD is able to obtain sufficient funding to resume credits
to qualified low-income energy customers, as provided for under LIHEAP.
5. PROVISIONS FOR FEDERALLY FUNDED CONTRACTS
A. It is mutually understood between the parties that this Agreement may have been
written for the mutual benefit of both parties before ascertaining the availability of
congressional appropriation of funds, to avoid program and fiscal delays that
would occur if the Agreement were executed after that determination was made.
B. This contract is valid and enforceable only if sufficient funds are made available
to CSD by the United States Government for the purpose of this program. In
addition, this Agreement is subject to any additional restrictions, limitations, or
conditions enacted by the Congress or to any statute enacted by the 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 funds.
D. CSD has the option to void the Agreement under 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,
limitations 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 further agrees that Contractor's willingness to suspend the
LIHEAP, as described herein and in Section S.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 funds is acceptable, to either
Contractor or its customers.
IM
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS — GTC 610
1. APPROVAL: This Agreement is of no force or 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 informationrelated 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 §10115 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 who 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 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.
C1
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT C
(Standard Aereement)
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: The 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 comply 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 -f) 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 Cofnmission implementing Government Code Section 12990 (a -f), 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.
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 diem, 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.
C2
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT C
(Standard Agreement)
15. 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 compl}
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 ernitled 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.
d. Upon demand in writing by the assignor, the assignee shall, within 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 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
C3
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT C
(Standard Agreement)
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. UNENFORCEABLE 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 11200
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.)
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)).
C4
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
CANCELLATION
Either party may terminate this Agreement by giving thirty (30) days prior written notice
to the other party.
2. 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.
3. CERTIFICATION
Contractor's signature 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
the following: Information Integrity and Security (Department of Finance, Budget
Letter 04-35).
4. LABOR CODEIWORKERS' COMPENSATION
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 in
accordance with the provisions, and CSD affirms 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 the local governing body that by law has authority to enter into an agreement,
authorizing execution of the agreement.
6. COMPLIANCE WITH LAWS AND TAX WITHHOLDING
A. CSD 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. CSD represents and warrants that it will withhold all taxes, if any, which are
required to be withheld under 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 required withholding.
D1
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT E
(Standard Agreement)
ADDITIONAL PROVISIONS
INDEPENDENT CONTRACTOR
CSD, and the agents and employees of CSD, in the performance of this Agreement, shall act
in an independent capacity and not as officers or employees or agents of Contractor.
2. DELEGATION OF CSD'S DUTIES
This Agreement is not assignable by CSD, either 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 provide key data entry, document perfection, and/or any other
services under this Agreement without the prior written approval of Contractor, nor shall the
duties of CSD, under this Agreement, be delegated without prior written approval of
Contractor. Unless otherwise expressly agreed upon by Contractor, CSD shall remain
responsible for the quality and timeliness of performance notwithstanding any delegation.
3. CONFLICT OF INTEREST/BUSINESS ETHICS
CSD shall exercise reasonable care and diligence to prevent any actions or conditions that
could result in a conflict with Contractor's interest. During the term of this Agreement,
CSD shall not accept any employment or engage in any consulting work that creates a
conflict of interest with Contractor 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 Contractor.
4. WARRANTY
CSD warrants to Contractor 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 practices 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.
E1
EXHIBIT E
(Standard Agreement)
CONFIDENTIALITY
July 1, 2012 -September 30, 2014
Direct Payment Agreement
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 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 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 in
EXHIBIT E, ADDITIONAL PROVISIONS, Section 6., CSD's Use of Contractor's
Property, below shall be subject to the Information Practices Act of'I977,
Section 1798 et seq. of the California Civil Code, and the California Public Records
Act, Section 6250 et seq. of the Califomia Government Code.
6. CSD'S USE OF CONTRACTOR'S PROPERTY
All records, reports, computer programs, written procedures, and similar materials,
documents, or data, in whatever form provided by Contractor for CSD's use in performance
of services under this Agreement shall remain the confidential property of Contractor and
shall be returned to Contractor immediately upon completion of CSD's use or upon written
request of Contractor.
7. 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.
E2
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT E
(Standard Agreement)
8. INCIDENTAL AND CONSEQUENTIAL DAMAGES
Contractor shall not be liable for 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 Contractor.
9. INSURANCE
CSD is a self-insured entity. If said coverage no longer prevails, CSD will notify Contractor
within thirty (30) days of said coverage expiration.
10. 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.
11. 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.
12. OTHER AGREEMENTS
This Agreement shall not prevent either party from entering into similar agreements with
others.
13. DISPUTE RESOLUTION
A. 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 the service of that request on
the other party.
E3
July 1, 2012 -September 30, 2014
Direct Payment Agreement
EXHIBIT E
(Standard Agreement)
B. 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.
C. 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.
14. FEDERAL EQUAL OPPORTUNITY LAWS
During the performance of this Agreement, and to the extent they may be applicable to this
Agreement, CSD agrees to comply with the following:
A. Federal Executive Order 11246, as amended by Executive Order 11375 relating 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. Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of Federal Contract
Compliance Program, Equal Employment Opportunity, Department of Labor, as
amended; and
F. Public Law 101-336, Americans with Disability Act of 1990, as amended.
E4
EXHIBIT F
(Standard Agreement)
PROGRAMMATIC PROVISIONS
July 1, 2012 -September 30, 2014
Direct Payment Agreement
A. CSD will process applications and make a determination of applicant's eligibility for
assistance based upon pre -established criteria pursuant to the LIHEAP. CSD will
provide the Contractor with a disk which lists applicants determined eligible for
assistance and the amount of assistance as shown on Attachment 2. Payment, in the
form of a State of California warrant, and Direct Payment Summary (Attachment 3),
shall accompany the disk, and shall represent the sum total of benefits contained on
said transmittal.
B. Contractor will process payments contained on aforementioned disk in accordance
with the provisions of the enclosed LIHEAP Direct Payment Instructions
(Attachment 1).
C. 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."
D. The 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.
E. 1) Contractor is responsible for completing and returning to CSD, the Direct
Payment Summary that accompanies each transmittal, within ten (10)
working days of processing and handling the batch run of eligible low-
income utility customers receiving LIHEAP assistance. Contractor shall
complete the Direct Payment Summary by indicating: a) the total number of
customer accounts where the Contractor was successful in crediting full
amount of eligible LIHEAP benefit; b) the 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 c) the customer
accounts where the Contractor was unable to credit any of the eligible
LIHEAP assistance amount, also referred to as Full Payment Return.
2) Contractor shall return any undeliverable LIHEAP benefits to CSD during
the course of this Agreement.
2. DISBURSEMENTS
Funds provided under this Agreement shall be disbursed and applicant accounts credited in
accordance with the provisions of the LIHEAP Direct Payment Instructions.
FI
EXHIBIT F
(Standard Agreement)
ASSURANCES
July 1, 2012 -September 30, 2014
Direct Payment Agreement
A. Contractor shall charge the eligible household; in the normal billing process, the
difference between the actual cost of the home energy and the payment amount
made by the Department. The actual costs of the home energy shall be consistent
with applicable utility company tariffs as approved by the CPUC, if applicable.
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 regulatory requirements.
4. REPORTS
Reports required under this Agreement are detailed in the LIHEAP Direct Payment
Instructions and the attachments thereto.
F2
July 1, 2012 -September 30, 2014
Direct Payment Agreement
ATTCHMENTS
Direct Payment
LIHEAP Direct Payment Instructions and Samples
• Attachment 1— Direct Payment Instructions
* Attachment 2 — Sample Printout
• Attachment 3 — HEAP Direct Payment Summary
• Attachment 4 — Utility Direct Pay File Format
July 1, 2012 -September 30, 2014
Direct Payment 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. For 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.)
• Using the disk that was provided with the LIHEAP payment, print the
page upon which the LIHEAP applicant's name appears.
• Circle the name of the customer of record to whose account the partial
payment was applied (See Attachment 2).
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 was credited to the customer of record). If there is a
100% refund to CSD, note the total LIHEAP payment amount.
July 1, 2012 -September 30, 2014
Direct Payment Agreement
Provide an adding machine tape listing the total amount of money to be
refunded to CSD. The tape should include both the individual amounts, as
well as a total.
• 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 3).
Attach a check made payable to CSD and return your printout (with
partials/non-matches information), adding machine tape, and summary
page to:
The Department of Community Services and Development
Energy and Environmental Services
P.O. Box 1947
Sacramento, CA 95812-1947
2.) Compact Disk (CD)/File Transfer Protocol (FTP)
• If you expect to return the "partial or non -match" information to CSD by
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 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 3).
2
DATE: 07/01/2012
ACCOUNTNUMBER
4257809602625000003301
1099766500156000000401
GRAND TOTAL: $530.00
PAY AMT
$236.00
$297.00
ATTACHMENT 2
DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT
2012 HOME ENERGY ASSISTANCE PROGRAM
(Federally Funded Programs)
CUSTOMER OF
RECORD
BETTY CASTRO
FREDJONES
UTILITY COMPANY NAME
Pay Run on 07/01/2012
SERVICE ADDRESS
APPLICANT LAST NAME
2625 S MAIN ST LOS ANGELES, CA 95678
156 W 82 ST LOS ANGELES, CA 90003
CASTRO
JONES
July 1, 2012 -September 30, 2014
Direct Payment Agreement
PAGE: I
DLN
120410500000004
120630700000026
STATE OF CALIFORNIA- HEALTH AND HUMAN SERVICES AGENCY EDMUND G. BROWN JR., GOVERNOR
DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT
P.O. Boz 1947
Sacramento, CA 95812-1947
(916)576-7109
(916) 263-1651 (FAX)
(916) 263-1402 (TDD)
July 1, 2012 -September 30, 2014
Direct Payment Agreement
ATTACHMENT 3
2012 LIHEAP DIRECT PAYMENT SUMMARY
PLEASE COMPLETE FOR EACH DIRECT PAYMENT BATCH
COMPLETED BY: -- PHONE:
UTILITY COMPANY:
TE:
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: Barbara Ramos, ENERGY SERVICES
HOME ENERGY ASSISTANCE PROGRAM
P. O. BOX 1947
SACRAMENTO, CA 95812-1947
IF YOU HAVE ANY QUESTION PLEASE CONTACT
Barbara Ramos (916) 576-7162
CSD USE ONLY
CHECK
(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-
OUTS)
(THIS IS THE CHECK
( ENTER THE AMOUNT
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 TO
OF RECORDS THAT
RETURN DOLLARS,
DATE NOTE: THIS
CSD WITH THIS FORM)
WILL BE RETURNED TO
EQUALS TOTAL
AMOUNT SHOULD
CSD WITH THIS FORM)
DOLLARS MATCHED A -
MATCH THE PRINT-
B=D)
OUT
07/01/2012
COMPLETED BY: -- PHONE:
UTILITY COMPANY:
TE:
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: Barbara Ramos, ENERGY SERVICES
HOME ENERGY ASSISTANCE PROGRAM
P. O. BOX 1947
SACRAMENTO, CA 95812-1947
IF YOU HAVE ANY QUESTION PLEASE CONTACT
Barbara Ramos (916) 576-7162
CSD USE ONLY
CHECK
DATE
NUMBER
RECEIVED
DATE SENT
TO ITS
$ AMOUNT
SUMMARY
RETURNED
ATTACHMENT 4 July 1, 2012 -September 30, 2014
Utility Direct Pay File Format Direct Payment Agreement
Attachment 4 Std DirectPayFileFomiat20l2.xls
;
n
ustthbation-Domain..
-
°. .C6mm 2
-Sbtiree
Header Identification Code
5
left
OOHDR
First five characters of first line of all data files
constant
System Date
6
left
YYYYMMDD
Date file roducetl
,ons
stem
System Time
6
left
HHMMSS
ITime fileric uced
system
Utility Initials
5
left
xxxxx
PGE, SOCG etc.
u.utiliry_initials
Filler
259
left
spaces
pad to fixed record length'
calculated
De#all- eco
.s.x..:
Data reld
3_ert�
_
Record Number
15
left
NNNNN
I0001-NNNN
calculated
Utility Account Number
30
left
Utility specific
Complete current account number, without punctuation, including check
ap.account_no
digits if used—left'usti force to upper-case, pad with trailing soaces
Payment Amount
8
ri ht
NNNNN.NN
id amount
e.paae.bill
Energy Bill Address Line 1
44
left
address 1
Energy Bill Address Line 2
18
left
Ener Bill Address. Ci
30
left
ae.bill address 2
Energy Bill Address State
2
1 left
xX
ae.bill city
Energy Bill Address Zip
9
left
NNNNN[NNNNI
ae.bill state code
Bill First Name
20
left
ae.bill zip code
Bill Last Name
30
left
a .bill first name
Bill Middle Initial
1
left
it
a .bill last name
Applicant First Name
20
left
a .hill middle initial
licant Last Name
30
left
e.frst name
Applicant SSN
9
left
INNNNNNNNN
Applicant Social Secud Number
a.last name
a.ssn
App SLN
12
left
N NNNNNNNNNN
S stem Locator Number- left justified. padded with spews
apasin
App DLN
15
left
NNNNNNNNNNNNNNN
Document Locator Number - left justified, padded with spaces
app.dln
me ,_ -•
ource-
Footer Identification Code
5
left99EOF
First five characters of tooter
constant
Record Count
5
d hl
NNNNN
Total number of detail records
calculated
Payment Amount Total
12
d ht
NNNNNNNNN.NN
Payment amount total
calwlated
Filler
261
left
s cespad
to fixed record length
calculatetl
Nates
' Fixed record length: 283 characters + Carriage Return + Line Feed
Source column table abbreviation ke
a=applicant
a =a ro ram
ae=app energy
P=app program payment
u =utility
Jim, 11/ 001)
Attachment 4 Std DirectPayFileFomiat20l2.xls