St. Vincent De Paul ~ AG190003 ~ Utility Billing Financial Assistance AGREEMENT
Between City of Tigard, a Municipal Corporation and St. Vincent De Paul, a
Non-profit Charitable Organization
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This Agreement is entered intoV;4 ("Effective Date") by and between
the City of Tigard, an Oregon muni al corporation located at 13125 SW Hall Blvd,Tigard, Oregon
("City") and The Society of St.Vincent De Paul of Portland, Oregon, an Oregon nonprofit
corporation doing business at 9905 SW McKenzie Street,Tigard, OR 97223 ("Administrator"),
collectively the"Parties".
Recitals
1. The City provides water utility billing financial aid assistance to Tigard Water Service
Area ("TWSA") customers experiencing economic hardship or other factors affecting
their ability to pay their Tigard utility bill in full.
2. The City provides water utility services to the TWSA,which includes the City of
Durham, City of King City, and Tigard Water District (representing Unincorporated
Washington County) under authority of ORS Chapter 190. The City collects fees and
charges for the services provided through utility billing on a frequent basis.
3. Administrator is a nonprofit charitable organization granted authority as a tax exempt
qualified IRS 501c3 corporation operating within Washington County, Oregon.
Administrator provides various food and financial assistance to the Tigard area through
charitable donations.
4. In order to facilitate impartial judgment regarding customer's need,reduce City staff time
associated with delinquent account notifications and shut off activities,and provide
information to customers regarding financial aid or assistance for their water utility
payments, the Parties wish to enter into this Agreement.
Agreement
NOW THEREFORE,the Parties agree as follows:
I. Administrator Responsibilities: Administrator agrees to:
1. Fairly and equitably administer and distribute financial aid assistance for billed water
utility collections for customers of the TWSA.
2. Provide a non-discriminatory,reasonable financial means test for determining assistance
eligibility,which assures the confidentiality of individuals receiving assistance,including
from City staff. This may include an income assessment test. Because City is not
involved in the determination of eligibility requirements,Administrator will hold
harmless City regarding any claim or liability arising out of or related to such
determination.
3. Provide to City,at least quarterly, a detailed report showing the number of customers
who received assistance, dollar amounts expended, fund balances, and administrative
costs associated with assistance.
4. Receive and administer the collection of public and private donations designated for
TWSA water customer assistance. Administrator may withhold 5% of such donations
for administrative expenses.
5. Follow generally accepted organizational practices and accounting procedures regarding
the distribution of financial assistance or aid funds provided by City.
II. City Responsibilities: City agrees to:
1. Make available to Administrator the community contributions funds budgeted by City.
Funds will be made available in July for assistance during that fiscal year.
2. Pay to Administrator a five percent (50/6) administrative fee to cover costs associated
with the administration of this program.
3. Consider a request from Administrator in the event the funds allocated by City are
exhausted prior to the end of the fiscal year. Notwithstanding, City is under no
obligation to provide addition funding and all funding is budget-based and approved by
City Council.
III. Minimum Program Eligibility: In order to be eligible to receive financial assistance,
an individual or family ("Customer") must meet the following minimum qualifications,
in addition to any further eligibility requirements established by Administrator:
1. Customer must demonstrate the financial means to pay in full all charges due and owing
to the City other than charges for water utility services.These other charges are required
to be paid prior to the Administrator paying the charges for water utility services.
2. Customer may not receive program assistance for more than three months within a
rolling 12-month period.
3. Only individuals or families within the TWSA are eligible customers. Multiple family
units or businesses are ineligible for the program assistance.
IV. Program Restrictions: Customers receiving assistance through the program must
comply with the following requirements:
1. The maximum amount of assistance per Customer is limited to $200.00 per month.
2. Customers may use financial assistance to make payments toward credit for leak
adjustments as described in the City Utility Services Practices and Procedures.
V. General Terms:
1. This Agreement will remain in effect for a term of 1 year from the Effective Date,unless
terminated as provided in the Agreement. By mutual written agreement,the Parties may
extend the term for an additional 1 year. If the Parties agree to extend this Agreement,
such extension is contingent upon approval of program funding in the City's adopted
budget.
2. Either Party may terminate this Agreement for convenience upon 90 days'notice to the
other Party. Upon termination of this Agreement,the Administrator will return any
unspent funds,minus administrative fees,within 30 days of termination.
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3. If a Party to this Agreement believes that the other Party is in material breach of its
obligations under this Agreement, the non-breaching Party must provide the breaching
Party with not less than 30-day's notice. Within 10 days of receipt of such notice,the
breaching Party must provide a written response stating how cure will be performed.
Cure must be completed within 30 days unless a longer period to cure is necessary. In
such case,within 30 days, the breaching party must begin diligent cure.
4. This Agreement is for the benefit of the Parties only. Each Party agrees to indemnify and
hold harmless the other Party,and its officers,employees, and agents, from and against
all claims,demands and causes of actions and suits of any kind or nature for personal
injury, death or damage to property on account of or arising out of services performed,
the omissions of services or in any way resulting from the negligent or wrongful acts or
omissions of the indemnifying party and its officers, employees and agents. To the extent
applicable,the above indemnification is subject to and shall not exceed the limits of
liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300).
Autho e ity Representative Authorized St.Vincent De I a Representative
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