HomeMy WebLinkAboutStaff Report 251-0914
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JULY 6,2009 CMR: 251:09
REPORT TYPE: CONSENT
SUBJECT: Resolution of the Council of the City of Palo Alto Approving and
Authorizing the Execution of the State of California Department of
Community Services and Development 2009-2012 Direct Payment
Program Agreement No. 09-1367 in Conjunction with the Department
of Community Service Home Energy Assistance Program
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager or his designee to execute Direct Payment Agreement No. 09-1367 (Agreement)
between with the State Department of Community Services and Development (CSD) and the
City of Palo Alto for the purpose of making direct payments from CSD to the Utilities accounts
of qualifying low-income residents.
BACKGROUND
The Federal Department of Health and Human Services annually distributes authorized funds
under the Low-Income Home Energy Assistance Program (LIHEAP) to states to assist eligible
low-income households with payments for heating and/or cooling energy expenses. California's
annual funding allotment has recently been $89 million, which the California Department of
Community Services and Development distributes among energy service providers under the
terms and conditions of the agreement. Financial assistance from LIHEAP is provided on the
basis of household income for up to $365 per qualifying Utilities account. The annual LIHEAP
payment, the monthly Utilities Rate Assistance Program, the Utilities ProjectPLEDGE program,
and an annual payment by the Society of Saint Vincent de Paul are the sources of financial
assistance to qualifying Utilities accounts for the payment of bills.
DISCUSSION
CSD administers LIHEAP in California under their Home Energy Assistance Program (HEAP).
The local LIHEAP administrator for Santa Clara County is the Community Action Agency,
headquartered in San Carlos. Eligibility for financial assistance is based upon the combined
household income of all people in the residence.
The Agreement with CSD provides the means for low-income families meeting federal poverty
guidelines to receive one payment per funding year for energy assistance by means of a direct
credit from CSD to the Utilities account with the City of Palo Alto.
CMR: 251:09 Page 1 of2
CSD, through their local administrators, would provide the energy utility customer applicant
with program intake services, including verification of eligibility and determination of allowable
direct credits. The City of Palo Alto would be provided with the names of applicants determined
to be eligible for assistance, and the amount of assistance to be applied to their account. The
applicable credits would then be applied to the customer's Utilities account, and the City of Palo
Alto Utilities would be reimbursed by CSD for the applied credits. The LIHEAP credits would
only be applied to the electric and/or natural gas portion of the customer's Utilities bill.
Since October 2003, CSD requires that each executed Agreement be accompanied by a
resolution or ordinance authorizing the participation and execution of the provisions of the
Agreement.
RESOURCE IMPACT
The Direct Payment Agreement is a no cost contract, but participation by the City in LIHEAP
represents an increased workload for Utilities Customer Service and Credit and Collection for
program marketing, customer contact, program administration, and payment reconciliation,.
There is also an increased workload for the Administrative Services Department's Enterprise
Accounting for accounting services.
POLICY IMPLICATIONS
This recommendation is consistent with the Council-approved Utilities Strategic Plan Strategy
No.4, to deliver products and services valued by our customers
ENVIRONMENTAL REVIEW
The adoption of this resolution does not constitute a project under Section 21080 of the
California Environmental Quality Act or Section 15378 of the CEQA Guidelines, and, therefore,
no environmental assessment is required.
ATTACHMENTS
A: Resolution
B: City of Palo Alto Direct Payment Agreement
PREPARED BY:
Assistant Director, Customer Support Services
DEPARTMENT APPROVAL: VA~ONG
Director of Utilities
CITY MANAGER APPROVAL:
CMR: 251:09 Page 2 of2
ATTACHMENT A
NOT YET APPROVED
Resolution No. ----
Resolution of the Council of the City of Palo Alto Approving
and Authorizing the Execution of the State of California
Department of Community Services and Development 2009-
2012 Direct Payment Program Agreement No. 09-1367 in
Conjunction with the Department of Community Service
Home Energy Assistance Program
WHEREAS, the City of Palo Alto ("City"), a California charter city, has offered
energy assistance to families oflow-income since 1981 as a part of the City's Low Income Home
Energy Assistance Program; and
WHEREAS, the City has a contract (the "Direct Payment Program Agreement") with
the State of California to provide direct credit to the accounts of Palo Alto residents who have
been identified by the State of California Department of Community Services and Development
("State CSD") as recipients of payments to be made under and in accordance with the State CSD
Low-Income Energy Assistance Program, which includes the Home Energy Assistance Program;
and
WHEREAS, the Direct Payment Agreement No. 09-1367 is for the term July 1, 2009
through June 30, 2012;
NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE
as follows:
SECTION 1. The Council hereby authorizes the City of Palo Alto to enter into and
execute with the State of California Department of Community Services and Development the
2009-2012 Direct Payment Program Agreement.
II
II
II
II
II
1
090605 syn 6050743
NOT YET APPROVED
SECTION 2. The Council finds that the adoption of this resolution does not
constitute a project under Section 21080 of the California Environmental Quality Act or Section
15378 of the CEQA Guidelines and, therefore, no environmental assessment is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Deputy City Attorney
090602 syn 6050743
2
APPROVED:
Mayor
City Manager
Director of Utilities
Director of Administrative
Services
ATTACHMENT
City of Palo Alto Utilities
Direct Payment Agreement
Agreement No. 09-1367
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 Deve]opment, and
the Utility' Company, City of Pa]o Alto Utilities:
Utility Company:
The tenn of this Agreement is:
The maximum amount of this Agreement is:
Agreed to and approved:
CONTRACTOR
By:
Authorized Signature
Printed Name and Title of Person Signing
Address:
Telephone:
Facsimile:
City of Palo Alto UtiJities
July 1,2009 through June 30, 2012
$-0-
City of Pa10 Alto Utilities
Date Signed
-----------------------------
STATE OF CALIFORNIA
Department of Community Services and Development
By:
Authorized Signature Date Signed
Margie Chan, Deputy Director for Administrative Services Division
Printed Name and Title of Person Signing
Address:
Telephone:
Facsimile:
700 North Tenth Street, Room D-215
Sacramento, California 95811-0336
(916) 341-4200
(916) 341-4213
IICobra\sharedlContractslDirect Payment\2009 Direct Payment\2009 Facesheets and Scope of Work109·1367 Facesheet.doc
SCOPE OF WORK
Exhibit A
(Standard Agreement)
City of Palo Alto Utilities
Direct Payment Agreement
Agreement No. 09-1367
1. The purpose of this Agreement between the Department of Community Services and
Development, hereinafter referred to as CSD or the Department, and the City of Palo
Alto Utilities, hereinafter referred to as Contractor, is for the purpose of making direct
credit to the accounts oflow-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).
2. 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: ----------------------------------------------
Companyname: ____________________________________________ __
Address: ----------------------------------------------------
City, State and Zip Code: __________________________ _
or by facsimile to ( ) ________________________ _
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
IICobra\sharedlContractslDirect Payment\2009 Direct Payment\2009 Facesheets and Scope of WorkI09-1367 Scope of Work. doc
Al
Exhibit B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. PAYMENT
(2009 Direct 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
________________ 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 perfonn 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.B. above, then CSD
shall promptly notify Contractor's Project Coordinator. CSD and the Contractor's
Project Coordinator shall attempt to amend this Agreement so 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
tenninate this Agreement for any short-tenn 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.
Bl
Exhibit B
(Standard Agreement)
5. PROVISIONS FOR FEDERALLY FUNDED CONTRACTS
(2009 Direct Payment)
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 Proj ect 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 5.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.
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EXHIBITD
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. CANCELLATION
(2009 Direct Pavment)
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 i:1cluded
herein shall have no applicability.
3. CERTIFICATION
Contractor's signature affixed hereon shall coristitute 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 unde~ake 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
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, ruJes, 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 ofCSD's
failure to institute any such required withholding.
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DI
EXHIBITC
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
(2009 Direct Payment)
PLEASE NOTE: This page will not be included with the final agreement. The General Terms
and Conditions wil1 be included in the agreement by reference to Internet site: www.csd.ca.gov.
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. Conditions.doc
Cl
ADDITIONAL PROVISIONS
EXHIBITE
(Standard Agreement)
1. INDEPENDENT CONTRACTOR
(2009 Direct Payment)
CSD, and the agents and employees of CSD, in the perfonnance 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 fonn of a fonnal 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 perfonnance notwithstanding any delegation.
3. CONFLICT OF INTERESTIBUSINESS 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 tenn 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 perfonned
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 perfonned with the
degree of skill and care that is required by current, good, and sound professional procedures
and practices and in confonnance with generally accepted professional standards prevailing
at the time the work is perfonned, so as to ensure that the services perfonned are correct and
appropriate for the purposes contemplated in this Agreement and related specifications.
5. CONFIDENTIALITY
A. In the course of perfonning the services under this Agreement, CSD may have
access to confidential, commercial, or personal infonnation 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 infonnation 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, infonnation, files, and documents while
El
EXHIBITE
(Standard Agreement)
(2009 Direct Payment)
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. ofthe 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.
7. 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
EXHIBITE
(Standard Agreement)
(2009 Direct Payment)
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 tenn 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 CS~.
8. NONWAIVER
The waiver by either party of any breach of any tenn, covenant, or condition contained in
this Agreement, or any default in the perfonnance 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
tenn, 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 perfonned by CSD pursuant to Contractor's authorization, but before the execution
of this Agreement, shall be considered as having been perfonned 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
12. CAPTIONS
EXHIBIT E
(Standard Agreement)
(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 ofthe 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 req uest 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
Exhibit F
(Standard Agreement)
(2009 Direct Payment)
PROGRAMMATIC PROVISIONS
1. A. CSD will process applications and make a detennination of applicant's eligibility for
assistance based upon preestablished criteria pursuant to the LIHEAP. CSD will
provide the Contractor with a printout or transmittal (Attachm"ent 2) which lists
applicants detennined eligible for assistance and the amount of assistance. Payment,
in the fonn 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 m"ust contain the words
"LIHEAP credit."
D. The Contractor shall attempt to credit the accounts of qualified low-income
customers by the subsequent billing cycle fol1owing 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 shal1 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
EXHIBITE
(Standard Agreement)
(2009 Direct Payment)
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 perfonned, 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 perfonnance 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.
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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
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3. ASSURANCES
Exhibit F
(Standard Agreement)
(2009 Direct Payment)
A. Contractor shall charge the eligible household, in the nonnal billing process, the
differ~nce 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 LnIEAP Direct Payment .
Instructions and the attachments thereto.
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F2
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.) 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 ofrecord). If there is a
100% refund to CSD, note the total LIHEAP payment amount.
1
• 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 thenumber 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)lFile 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).
\\Cobra\Shared\Contracls\D,rect Payment\2009 Direct Payment\Boilerplate\] 0 Attachment] Dit. Paym. Instructions.doc
2
DATE: 01107/2009
ACCOUNT NUMBER PAY AMT
4257809602625000003301 $236.00
1099766500156000000401 $294.00
GRAND TOTAL: $530.00
ATTACHMENT 2
DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT
2009 HOME ENERGY ASSISTANCE PROGRAM
CUSTOMER OF
RECORD
MELLISA
LUIS
(Federally Funded Programs)
UTILITY COMPANY NAME
Pay Run on 01/0712009
SERVICE ADDRESS APPLICANT LAST NAME
2625 S MAIN ST LOS ANGELES, CA 95678
156 W 82 ST LOS ANGELES, CA 90003
PAGE: 1
DLN
092780500000004
090630500000026
STATE OF CALIFORNIA -HEALTH AND HUMAN SERVICES AGENCY ARNOLD SCHWARZENEGGER Governs'
DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT
700 North 101t1 Street, Room 0-215
Sacramento. CA 95811-0336
(916) 341-4200
(916) 341-4203 (FAX)
(916) 327-6318 (TOO)
ATTACHMENT 3
e '-'. . ~ . . .
'" -
2009 HEAP DIRECT PAYMENT SUMMARY
PLEASE COMPLETE FOR EACH DIRECT PAYMENT BATCH
(A) (B) (C) (D)
CSD RUN DATE TOTAL DOLLAR TOTAL DOLLAR TOTAL NUMBER TOTAL DOLLARS
(fHIS 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 TOCSD 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: _____________ ,PHONE: ______ _
UTILITY COMPANY: ____________ DATE: ______ _
PLEASE RETURN THIS SUMMARY SHEET WITH PRINT-OUTS AND CHECK (FOR NON-MATCHES)
NO LATER THAN 10 DAYS FOLLOWING RECEIPT FROM CSD
PLEASE RETURN SUMMARY SHEET TO: Vernita Faison, ENERGY SERVICES
HOME ENERGY ASSISTANCE PROGRAM
P. O. BOX 1947
CSD USE ONLY
CHECK I NUMBER
$ AMOUNT I RETURNED
SACRAMENTO, CA 95812-1947
IF YOU HAVE ANY QUESTION PLEASE CONTACT
VERNITA FAISON (916) 341-4276
DATE DATE SENT RECEIVED TO ITS SUMMARY
ATTACHMENT 4
Utility Direct Pay File Format
<----<-----------------------------
Attachment 4 StdDirectPayFileFormat2009
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