FIRST AMENDED AND RESTATED AGREEMENT FOR USE OF
LOW- INCOME UTILITY BILL AND DEPOSIT ASSISTANCE FUNDS
THIS FIRST AMENDED AND RESTATED AGIF IV, ENT (" Restated Agreement") is made and entered into this
t
day of Apr i 1
LL Uu
g- 8, by and between the CITY OF
RIVERSIDE, a municipal corporation and California charter city (" City") and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of Community Action Partnership of Riverside County(" Grantee") ( individually, " Party"; collectively, " Parties") to provide low- income City utilities customers with utility bill and deposit assistance.
RECITALS
WHEREAS, the City uses funds from the Public Benefits Surcharge as authorized by AB 1890 Chapter 854, Statutes of 1996) for" Services provided for low- income electricity customers, including but not limited to, targeted energy-efficiency service and rate discounts" to provide utility bill and deposit assistance for low- income users of the City' s utilities services; and WHEREAS, the City solicits voluntary contributions from City utilities customers to be used to provide utility bill and deposit assistance for low- income users of the City' s utilities services; and WHEREAS, such financial assistance is needed to help reduce the substantial hardships faced by the City' s low- income utilities customers (" Program"); and WHEREAS, on or about July 1, 1999, the City and the County of Riverside entered into the Agreement for Use of Low- Income Utility Bill and Deposit Assistance Funds(" Original Agreement"), wherein the City agreed to use funds from the Public Benefits Surcharge authorized by AB 1890 Chapter 854, Statutes of 1996), to assist the City' s low- income utility customers, and the County of Riverside agreed to provide certain services on the City' s behalf to administer the Program for a reasonable compensation(" Administration Fee"); and
WHEREAS, the Parties have extended the term of the Original Agreement multiple times in order to provide annual funding for such low- income assistance and made other adjustments to the Original Agreement; and
WHEREAS, the Parties now wish to amend and restate that Original Agreement and provide for certain other revisions to the Original Agreement through this Restated Agreement. 1 FES 0 5 2019 a 90
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Program in General. The City has approved and budgeted from the Public Benefits Surcharge for low- income assistance and funds from wholesale water revenue for low- income water utility income assistancefor the fiscal year beginning July 1, 2018. Upon approval by the City, and at the City' s sole discretion, the low- income electric utility customer assistance to qualified customers may be increased by up to 25% if the initial funding is depleted. The City' s funding of the Program will be subject to annual appropriation.
The income level of the Program recipients will be no greater than 200% of the Federal Poverty Income Guidelines provided yearly by the U. S. Department of Health and Human Services. Grantee shall utilize the Poverty Income Guidelines attached hereto as Exhibit A and incorporated herein by reference, as amended yearly, to evaluate such income level.
The City' s Public Utilities Department will apply the allocated funds through its monthly utilities billing process to low- income customers who qualify for assistance (" Applicant"). For Applicant, such assistancewill be available on a one (1) time basis during the twelve ( 12) month period covered by the Agreement, and only if the Applicant has not applied for and received such assistance within twelve( 12) months of the date of the new application, and will be paid directly by the City through a bill credit. Any change of service address by the Applicant during the twelve 12) month period ensuing from when the last such assistance was paid will render the Applicant ineligible for ongoing assistance, as set forth herein; in order to reinstate eligibility, such an Applicant would be required to reapply.
2. Grantee' s Scope of Service.
2. 1 Certification of Applicants. Grantee will identify Applicant, process Applicant applications, certify to the City that the Applicant is eligible for utility assistanceand perform other activities necessary to effectively administer the Program. Grantee shall require all Applicants to present as proof of eligibility a RPU utility bill, a valid photo identification card, a Social Security card and current proof of income for all members of the household. Baptismal certificates shall not be accepted as sufficient proof of eligibility, nor birth certificate, or any other form of proof of citizenship. Program services will be provided at the Grantee office located at 2038 Iowa Avenue, Suite B- 102 in the City of Riverside, including but not limited to telephone coverage, and such serviceswill be available during all of Grantee's regular businesshours of 8 a.m. to 5 p.m., Monday through Friday, estimatedto be forty hours a week. Grantee shall notify the City within forty- eight( 48) hours of any closure of Grantee'soffice during thesespecified hours. Grantee shall not usethe City' sname or insignia, or any publicity pertaining to the utility assistanceservices, 2 in any social media, magazine, trade paper, newspaper, television or radio production, website or other similar medium without the prior written consent of the City.
Grantee shall administer the program in such a manner as to assure that no person is excluded from participation in, is denied the benefits of, or is subjected to discrimination under any activity funded in whole or part by the Program on the grounds of race, color, creed,national origin, ancestry, age, sex, sexual orientation or disability, including the medical condition of Acquired Immune Deficiency Syndrome ( AIDS) or any condition related thereto.
Grantee shall inform Program applicants whose claims for assistance are denied of their right to appeal. Grantee' s Program representative, the applicant or applicant' s representative, and a representative from Grantee' s management staff having no direct involvement with Program operations will review the appeal in an informal hearing. The determination at this hearing shall be final and binding.
Grantee shall maintain complete and accurate records with respect to costs incurred by Grantee under this Agreement. All such records shall be clearly identifiable. Grantee shall allow a representative of the City during normal business hours to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Grantee shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three( 3) years from the date of final payment under this Agreement.
2. 2 Notification to City of Qualified Applicants. Grantee shall submit to the City, on a daily basis, the names and addresses of all approved Applicants no later than 3:00 p.m. of every day that Grantee offers such utility assistance. The City requires such notification in order to prevent termination of service to an approved Applicant. Grantee shall give this notice by e-mailing the lists to the utility' s Credit& Collection Department at Credit Collectionsgriversideca. gov unless the City instructs otherwise.
Grantee shall develop and maintain a list of all approved Applicants for every week that Grantee offers such utility assistance(" Master List"). Grantee shall submit to the City the Master List no later than 5:00p. m. Every Monday for the preceding week. If a Monday falls on a federal or state holiday, Grantee shall submit the Master List no later than 5:00 p.m. on the Tuesday following such holiday. Grantee shall submit the Master List bye- mailing it to the utility' s Credit & Collection Department at Credit- Collections@riversideca. gov unless the City instructs otherwise.
2. 3 Invoicing. Grantee shall provide to the City a monthly invoice for administrative fees. Grantee shall submit the invoice to the City no later than the fifth ( 5th) day of each month; if the fifth ( 5th) day of the month falls on a federal or state holiday or on the weekend, 3 Grantee shall submit the invoice no later than the business day following such holiday or weekend day. Grantee shall submit the invoice by e- mailing it to the City' s Utility Credit& Collection Department at Credit- Collections@riversideca. gov unless the City instructs otherwise.
Grantee shall submit an annual report to the City no later than July 31, 2019, and each subsequent year thereafter, with detailed Program information, including total monthly and annual expenditures, total monthly and annual applicants and approved Applicants, and any other relevant information concerning Program performance. Grantee agrees to present information from the annual report to City staff and/ or the City' s Board of Public Utilities.
3. Administration Fee. The City shall compensate Grantee twenty- seven dollars
27.00) per application successfully processed for each certified Applicant as an Administration Fee.
The City shall pay Grantee for this Administration Fee within sixty ( 60) days of receipt of each monthly invoice. The annual Administration Fee shall not exceed$ 250, 000.
4. Term. The term of the Original Agreement expired on June 30, 2018. The term of this Restated Agreement will commence on July 1, 2018 and shall end on June 30, 2019. The term of the RestatedAgreement shall automatically renew in five ( 5) additional one-year periods, unless the City provides written notice of termination within ninety ( 90) days of expiration of the then-current term of the Restated Agreement. It is expressly understood that the continued funding of the portion of the Program funded pursuant to the provisions of AB 1890 ( Chapter 854, Statutes of 1996) is subject to the mandates of California state law as it now stands or hereafter may be amended. If the funding provisions of AB 1890 are repealed, and are not otherwise replaced with an equivalent statute, the City has the option, but not the obligation, to terminate the Restated Agreement by providing twenty- four hours' notice of such termination.
This Agreement may be terminated by the City or Grantee without cause if written notice is provided to the other Party ninety( 90) days prior to such termination.
5. Indemnification. Each Party hereunder shall indemnify and hold harmlessthe other party and its officers and employees on any claim of liability arising out of any act or omission by said Party as regards any work to be performed by or authority delegated to such Party.
6. Notices. Any notices required to be given, hereunder, shall be in writing and shall be personally served or given by mail. Notice by the City or Grantee will become effective two ( 2) days after personal delivery of such notice to the other party or five ( 5) days after deposit of the notice in the United StatesMail, certified and postageprepaid, addressedto the Party to be served as follows:
4 To City To Grantee
Public Utilities Department Community Action Partnership of City of Riverside Riverside
Attn: General Manager 2038 Iowa Avenue
3750 University Avenue Suite B- 102
Riverside, CA 92501 Riverside, CA 92507
Copy to:
RUHS- PH Procurement and Logistics
Contracts Unit
4065 County Circle Drive
Riverside, CA 92503
7. Independent Contractor. Grantee and its officers, employees and agents shall act at all times in an independent capacity during the term of this Agreement, and shall not act as and shall not be, nor shall they in any manner be construed to be, agents, officers or employees of the City.
8. Severability. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.
9. Integration. This Agreement embodies the entire agreement of the Parties in relation to the subject matter hereof, and no other agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the Parties at the time of execution hereof.
This Agreement may be modified or amended only by a written amendment authorized by the City Council of the City and signed by the duly authorized and empowered representativesof the City and Grantee.
10. Authorized Representatives. The Parties hereby designate the City of Riverside Public Utilities General Manager and designee to act on their respective behalves in the administration of this Agreement.
SIGNATURES ON FOLLOWING PAGE.]
5 IN WITNESS WHEREOF, the Parties hereto have causedthis Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, COUNTY OF RIVERSIDE, a political
a municipal corporation and subdivision of the State of California California chart;
By
Al Z linka Kevin Jeffries
City . nager Chairman, Board of Supervisors
Attest f Attest
Coll en J. ' col Kecia Harper- au
City lerk 1 r t Board
By
Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM
By
Gregory P. Priamos
County Counsel
By By
Susan D. Wilson Pyr . P. t>,\,‘\.
Assistant City Attorney Deputy County Counsel
6 EXHIBIT A
POVERTY INCOME GUIDELINES
2018 Federal Poverty Guidelines 200%
Household/ Family Size Monthly Annually
1 2, 023 24, 280
2 2, 743 32, 920
3 3, 463 41, 560
4 4, 183 50, 200
5 4, 903 58, 840
6 5, 623 67, 480
7 6, 343 76, 120
8 7, 063 84, 760
Add for each person 720 8, 640
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mUniversityCtiioRwj_,
PARTNERSHIP N : a i,
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HEALTH SYSTEM
Public Health
Kim Saruwatari M. P. H., Director Kevin Jeffries, Chairman Cameron Kaiser, MD Public Health Officer Board of Supervisors
RECEIVED
February 19, 2019 FEB26 2019
BY CITY ATTORNEY
Attn: Kathlyn Meadors- Camacho
City of Riverside Public Utilities
3750 University Avenue
Riverside, CA 92501
Re: TheAgreementwith theCountyof RiversideDepartmentof PublicHealth/Community Action Partnership— Contract# 99- 984 City of Riverside Public Utilities — Sharing Household Assist Riverside' s Energy ( SHARE) program
Encloseare three (3) of the above referencedAgreement. If satisfactory, pleasehave an authorized person sign all three ( 3) originals of said document, USING BLUE INK, and return two ( 2) original document to my attention as soon as possible.
Riverside University Health System – Public Health
Debbie Plascencia, Office Assistant III
4065 County Circle Drive, Room # 403
Riverside, CA 92503
We would like to express our appreciationto you and your staffs for working with the Countyof RiversideDepartmentof Public Health, if you have any questions, pleasefeel free to call me at ( 951) 358- 7563 for assistance.
Sincerely,
Qsseta_
Debbie Plascencia
Office Assistant III
Encl.
Finance and Business Operations- Procurement& Logistics 4065 County Circle Drive• Riverside, CA 92503
www. rivcocha. org
COUNCILMEMBERS
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WARDS 1 2 3 4 5 6 7
Proposition 1B grant funds for the Special Transportation Division through the California Association for Coordinated Transportation/ Morongo Basin Transit Authority Purchasing Schedule in accordance with Purchasing Resolution 23256, Sections 602 ( c) and ( e).
AGREEMENT - LOW- INCOME UTILITY BILL AND DEPOSIT ASSISTANCE
FUNDS - SHARING HOUSEHOLDS ASSIST RIVERSIDE' S ENERGY PROGRAM The City Council ( 1) approved the First Amended and Restated Agreement for Use of Low- Income Utility Bill and Deposit Assistance Funds with the County of Riverside, a political subdivision of the State of California, on behalf of Community Action Partnership of Riverside County for the Sharing Households Assist Riverside' s Energy Program to include options to extend the program from July 1, 2018, through June 30, 2024, for an annual program amount of $ 2, 800, 000 and change the Grantee name as stated in the written staff report; and 2) authorized the City Manager, or his designee, to execute the First Amended and Restated Agreement for Use of Low- Income Utility Bill Deposit Assistance Funds with the State of California, on behalf of Community Action Partnership of Riverside County, including making non- substantive changes.
CREATION OF ANNUAL ENGINEERING ESSAY CONTEST
The City Council approved creation of an annual Engineering Essay Contest with a value of annual awards issued to be $ 1, 200.
PUBLIC HEARINGS/ PLANNING REFERRALS AND APPEALS
HOUSING AUTHORITY - DISPOSITION AND DEVELOPMENT AGREEMENT - DISPOSITION OF HOUSING AUTHORITY OWNED PROPERTY - 34- UNIT SINGLE- FAMILY HOUSING DEVELOPMENT - 4350 LA SIERRA
Hearing was called to consider a Disposition and Development Agreement with National Community Renaissance, Inc., DBA La Sierra 34, LLC, for disposition of 3.75 acres of Housing Authority- owned property located at 4350 La Sierra Avenue for the fair market value of 1,400, 000 to facilitate future development of 34 single- family homes including seven affordable home ownership opportunities. Two 104- 319
Unapproved March 25, 2019 Minutes of the Board of Public Utilities March 25, 2019 Scheduled for approval by the Board of Public Utilities at its regular Board of Public Utilities Meeting on April 8, 2019. UNOFFICIAL" Minutes
CONSENT CALENDAR
A motion was made to approve the following items on the Consent Calendar:
Motion — Austin. Second — O' Farrell.
Ayes: Russo- Pereyra, Austin, Crohn, Hernandez, Oceguera, O' Farrell, and Walcker.
Abstain: None.
Absent: Sanchez- Monville ( absence due to vacation)
Other Items
8 Recommend that the City Council approve the First Amended and Restated Agreement for Use of Low- Income Utility Bill and Deposit Assistance Funds with the County of Riverside, a political subdivision of the State of California, on behalf of Community Action Partnership of Riverside County for the Sharing Households Assist Riverside' s Energy Program
The Board of Public Utilities recommended that the City Council:
1. Approve the First Amended and Restated Agreement for Use of Low- Income Utility Bill and Deposit Assistance Funds with the County of Riverside, a political subdivision of the State of California, on behalf of Community Action Partnership of Riverside County for the Sharing Households Assist Riverside' s Energy Program to include options to extend the program from July 1, 2018 through June 30, 2024 for an annual program amount of $ 2, 800, 000 and change the Grantee name as stated herein; and
2. Authorize the City Manager, or his designee, to execute the First Amended and Restated Agreement for Use of Low- Income Utility Bill Deposit Assistance Funds with the State of California, on behalf of Community Action Partnership of Riverside County, including making non- substantive changes.
DEPARTMENT HEAD APPROVAL FORM
Contracts/ Agreements
DATE: March 27, 2019
ANTICIPATED CITY COUNCIL DATE ( IF APPLICABLE): March 26, 2019 PARTIES: City of Riverside and County of Riverside
PROJECT DESCRIPTION: Amended and restated agreement for use of low- income utility and bill assistance funds with the Community Action Partnership of Riverside County
SCOPE OF CONTRACT/ SERVICE: Community Action Partnership of Riverside County administers the Sharing Households Assist Riverside' s Energy ( SHARE) program IF AN AMENDMENT, REASON FOR AMENDMENT ( e. g., more time needed, additional scope added, extension permitted from original contract, etc.): Changed name of grantee
DEPARTMENT: Customer Engagement
BUDGET ACCOUNT ( GL nd Object): 6020100- 456010
DEPT. HEAD APPROVAL: 3' 2t1
PROCUREMENT:
Verification that procurement of goods, services, construction, etc., was done in conjunction with the City' s purchasing policies and procedure:
Formal Procurement ( Bid #, RFP #, panel, etc.):
X ) Informal Procurement ( Three quotes, single/ sole source, under non- bidding threshold, etc.):
Emergency Procurement ( date, event, etc.):
Requisition Number:
Date Approved by City Council/ Board:
Purchasing Division Validation: Date:
PLEASE RETURN TO: City Clerk' s Office, Ext. 4276, LMitchell@riversideca. gov g:\ deptcommon\ masters\ agreements\ Dept Head Approval Slip_ 122017