062-12 - Kitsap Community Resources - ContractAgreement No. 062-12 between City of Port Orchard
and Kitsap Community Resources
This Agreement is dated for reference August 28, 2012 and is made and entered into by
and between the City of Port Orchard, a municipal corporation, (hereinafter "the City") and
Kitsap Community Resources, nonprofit corporation, (hereinafter "KCR").
RP ..italc
Whereas, pursuant to Resolution No. 024-12, the City has established the Helping Hand
Utility Assistance Program to assist low-income families avoid water shut offs and help families
better manage their utility cost; and
Whereas, a partnership between the City and KCR provides an opportunity to build a
stronger self -supported community where neighbors help neighbors; and
Whereas, the City and KCR seek to establish a process to qualify eligible utility rate
payers for a onetime waiver of the current water / sewer bill and will enroll participants into a
monthly budget billing process; and
Whereas, the purpose of this Agreement is to set forth customer requirements, scope of
services, and the roles and responsibilities of the City and KCR in implementing and
administering the City's Helping Hand Utility Assistance Program; now, therefore, the parties
agree as follows:
Agreement
1. Utility Assistance Program. The City and KCR agree to assist one another in the
implementation and administration of the City's Helping Hand Utility Assistance Program. A
copy of the Program's terms and conditions are attached hereto as Exhibit A.
2. Scope of Services. The City and KCR will implement and administer a process to assist low-
income families avoid water shut offs and help families better manage their utility cost and
will qualify eligible utility rate payers for a onetime waiver of the current water / sewer bill.
3. Customer Requirements. A customer must receive water and/or sewer utility service from the
City and must qualify under federal guidelines for low income and poverty levels as
determined for Kitsap County by KCR. An eligible rate payer is served by a single 1/4 inch
water meter servicing only one residential unit and the billing is based upon flow through
that meter.
3.1. In addition, the customer must:
• Provide KCR with a current City utility invoice showing location and type of
utility service customer is receiving;
• Participate in budget billing;
• Contact the City or KCR prior to having their water/sewer shutoff;
• Be an owner or tenant occupied single family residency;
• Be responsible for payment of utility services based upon a fully executed
landlord -tenant agreement;
M
Conform to City and KCR program administrative rules;
Be aware of water conservation methods and programs; and
Make timely repairs or notify landlord or City of leaks.
3.2. Utility customers residing in a multi -unit complex (a building that has more than one
living unit served by a master meter) or a landlord paid account do not qualify.
Administration.
4.1. City's Responsibilities. The City shall: provide KCR with a copy of the terms and
conditions for the City's Helping Hand Utility Assistance Program, as now or hereafter
amended; provide customers with information regarding the Program; promptly process
accounts deemed eligible; maintain a record of participants; notify KCR if a customer
drops from budget billing or suffers late payment; and pay to KCR a $15.00 fee per
eligible customer application and per annual renewal application.
4.2. KCR's Responsibilities. KCR shall: qualify customers based upon service location and
type of utility service using a mutually agreed process; issue a voucher to the client, who
will then be instructed to physically bring voucher and identification to the City; provide
the City with a list of eligible participants -- to include date, name, utility account
number, service location, voucher number, and effective date; provide customers with
information for conservation methods, leak detection, and distribute any items provided
by City for the program; maintain records of customer contact; and provide City with
current qualifying income guidelines.
Notices. All notices and other written communications required by this Agreement shall be in
writing and shall be deemed to have been given at the time of delivery, if personally
delivered, or at the time of mailing if mailed by first class, postage pre -paid and addressed to
the party at its address as stated below, or at such address as any party may designate at any
time in writing.
Executive Director
Kitsap Community Resources
845 8th Street
Bremerton, WA 98337
Phone: 360-478-2301
City Treasurer
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-7023
6. Effective date, Duration; and Termination. The effective date of this Agreement shall be as
provided in section 9 below. The term of this Agreement shall be for one (1) year beginning
on the effective date, and shall be automatically renewed for successive twelve (12) month
periods; provided, however, either party may terminate the Agreement at any time by first
notifying the other party at least thirty (30) days prior to the termination date stated in the
notice, which termination date shall fall on the last day of the month stated in the termination
notice. This Agreement may also be terminated by operation of law, if the terms hereof are
ever deemed illegal by any local, state, or federal laws or regulations.
City of Port Orchard and Kitsap Community Resources
Contract No. o62-12
Page 2 of 3
7. Hold Harmless. Each party to this Agreement agrees to hold harmless and indemnify the
other party from any loss, claim, or liability arising from or out of the negligent or tortious
actions or inactions of its employees as related to the services described in this Agreement
8. Miscellaneous.
8.1. Governing Law, Jurisdiction; Venue. This Agreement will be governed by the laws of
the State of Washington and any legal proceeding arising under it may be brought only
in the courts of Kitsap County, Washington.
8.2. Amendment. This Agreement may be amended or modified only upon the written
agreement of the parties executing with the same formalities as the Agreement.
8.3. Independent Contractor. KCR's services will be furnished as an independent contractor
and not as an employee, agent or servant of the City.
8.4. Severability. If a court of competent jurisdiction holds any provision of the Agreement
to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties' rights and obligations will be construed
and enforced as if the Agreement did not contain the particular provision held to be
invalid. If any provision of the Agreement conflicts with any statutory provision of the
State of Washington, the provision will be deemed inoperative to the extent of the
conflict or modified to conform to statutory requirements.
Agreement Approval. The City approved the terms of this Agreement at its regularly
scheduled City Council meeting held on the 2Le6 day of M, 2012. KCR
approved the terms of this A reement at is regularly scheduled Noard of Directors meeting
held on the L day of 2012. The effective date of this
Agreement shall be deemed the 1 tter of the two dates stated in this section 9.
IN WITNESS WHEREOF the parties hereto execute this AGREEMENT on this
day of , 2012.
CITY OF PORT ORCHARD
BY:
y Rin6a„V'Jh'8% y Clerk
KITSAP COMMUNITY RESOURCES
BY
Exeikutive D recto
,�►�"'' ; City of Port Orchard and Kitsap Community Resources
�.�'�► .!:' Contract No. o62-12
Page 3 of 3
Contract No. o62-12
Exhibit A
Helping neighbors ... with a helping hand.
A Helping Hand for those in Crisis — City of Port Orchard
The Helping Hand Utility Assistance Program seeks to help families and individuals cope
with crises, secure needed resources, and find stability. The City has partnered with
Kitsap Community Resources (KCR) in an effort to avert shutting off water/sewer
service and help people better manage their utility costs.
The program provides an entry point to a network of essential services, covering a wide
range of needs. For more information on water/sewer helping hand, including eligibility
requirements, please contact the City of Port Orchard or KCR.
Our Program
Our program proactively seeks to avoid a shutoff of water/sewer utility services for
customers of the City of Port Orchard. Federal guidelines for low-income and poverty
levels determine eligibility based on annual income and the number of adults and
children within the household. In order to help the City and the customer avoid
unnecessary cost, and allow time to qualify, individuals must contact the City or KCR
prior to having their water/sewer shutoff.
How it Works
Eligible rate payers receive immediate help with a onetime waiver of their current
water/sewer bill. Water/sewer utilities services are not curtailed. Participants enter into a
monthly "Budget Billing" that smoothes out future billing demands. Rather than paying
every other month participants pay a set budgeted amount that is adjusted yearly.
Customers are encouraged to enter into the automatic payment program. Participants
receive counseling from KCR on a wide range of resources that help individuals and
families cope and better manage through difficult times. Budget Billing will appeal to
those individuals who desire to stay in their home and are looking for options to balance
their household related expenses. The household must remain occupied by the qualifying
resident. A landlord cannot apply for the Helping Hands Program on behalf of their
tenant.
The City encourages customers to stay in the Budget Billing Program as a long-term
solution, providing a consistent billing amount and payment schedule. If the customer is
not able to maintain a timely payment schedule, their enrollment in the Budget Billing
Program will be jeopardized. Delinquent payments may result in discontinuation of the
program and disconnection of service. The 1 st late payment will result in a letter sent to
the enrolled customer as a notification. A 2nd late payment will result in a letter to KCR
and the enrolled customer stating that the customer is removed from the program.
Contract No. o62-12
Exhibit A
Contact the City of Port Orchard Utility Billing Department for additional information or
KCR to fill out an application form. Be prepared to provide additional information
regarding your personal financial condition, including verifying household income.
The Program does not include the following:
Penalties, late fees, turn off fees, or other administrative charges
Charges for excessive water consumption
Storm Drainage Assessment charges
Charges for damaged meters
Landlords paying the utility bill
Defined terms
KCR - Kitsap Community Resources 845 8th Street Bremerton, WA 98337. Kitsap
Community Resources is a 501(c)(3) non-profit corporation and a member
Washington State Community Action Partnership.
Eligibility requirements — Program rules, criteria, and administration guidelines set forth
in partnership with KCR and the City of Port Orchard.
Eligible rate payer - a single connection where one customer meeting applicable federal
low income and poverty guide lines is being served through a meter and the billing is
based upon flow through that meter. A single sewer account meeting applicable program
criteria.
Water/sewer utility services for customers — a tenant which is required to pay utility
services based upon a fully executed tenant -landlord agreement. An owner -occupied
single family residency.
Single water connection - a 3/4 inch water meter servicing only one residential unit.
Single family residence- the only residence that is serviced by a 3/4 inch water meter.
Onetime - means a waiver of one bimonthly base rate of a single 3/4 inch connection
where one residential utility customer, including members of the same household, are
being served through a meter. A onetime waiver, of one single residential sewer account
charge, that meets applicable program criteria.
Current water / sewer bill — a bimonthly base rate that is not delinquent.
Low income — Federal guidelines for low income and poverty levels as determined for
Kitsap County by KCR.
City Administrative Rules — program administrative rules.
Contract No. o62-12
Exhibit A
City Helping Hands program administrator — The City Treasurer in conjunction with the
City Public Works Director.
Utility Committee — the City of Port Orchard Council Utility Committee consisting of
three members with oversight of water, sewer, and storm drainage utilities.