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024-12 - Resolution - Contract with Kitsap Community Resources for Utility Assistance ProgramIntroduced by: City Treasurer Requested by: Council Utility Committee Drafted by: City Treasurer Reviewed by: City. Attorney Introduced: August 28, 2012 Adopted: August 28 , 2012 RESOLUfiON NO. 024-12 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING A UTILITY ASSISTANCE PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KITSAP COMMUNITY RESOURCES TO CO-ADMINISTER SAID PROGRAM WHEREAS, the City of Port Orchard recognizes the need to assist low-income families avoid water shutoffs and help families better manage their utility cost; and WHEREAS, partnering with K.itsap Community Resources provides an opportunity to build a stronger self-supported community where neighbors help neighbors; and WHEREAS, the City of Port Orchard and K.itsap Community Resources working in a joint effort to assist low-income families will qualify eligible utility rate payers for a onetime waiver of the current water j sewer bill and will enroll participants into a monthly budget billing that smoothes out future billing demands; and WHEREAS, a written agreement between the City of Port Orchard and K.itsap Community Resources will set forth customer requirements, scope of services, roles and responsibilities of participants; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: a Utility Assistance Program is established in accordance with the terms and conditions attached hereto as Exhibit A, as now or hereafter amended; and further THAT: the Mayor is authorized to execute Agreement 062-12 between the City of Port Orchard and Kitsap Community Resources for the joint administration of a program to assist eligible low-income utility customers, a copy of which is attached hereto as Exhibit B. PASS ED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 28th day of August 2012. Helping neighbors ... with a helping hand. A Helping Hand for those in Crisis ~ City of Port Orchard Kesolutwn No. 024-12 Exhibit A 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 1st 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. Resolution No. 024-12 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, tum 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 50l(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% inch water meter servicing only one residential unit. Single family residence-the only residence that is serviced by a% inch water meter. Onetime -means a waiver of one bimonthly base rate of a single % 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 I 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. Kesomnon l'lo. 024-12 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. Resolution No. 024-12 Exhibit B Agreement 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"). Recitals 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 I 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 I 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 % 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; Resolution No. 024-12 Exhibit B • 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. 4. 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. 5. 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 81h Street Bremerton, WA 98337 Phone: 360-478-2301 City Treasurer City of Port Orchard 216 Prospect Street Port Orchard, W A 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. 062-12 Page 2 of3 Resolution No. 024-12 Exhibit B 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 ofKitsap 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. 9. Agreement Approval. The City approved the terms of this Agreement at its regularly scheduled City Council meeting held on the _ day of , 2012. KCR approved the terms of this Agreement at is regularly scheduled Board of Directors meeting held on the _ day of , 2012. The effective date of this Agreement shall be deemed the latter 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: Timothy C. Matthes, Mayor ATTEST: Brandy Rinearson, CMC, City Clerk KITSAP COMMUNITY RESOURCES BY: Executive Director City of Port Orchard and Kitsap Community Resources Contract No. 062-12 Page3of3