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02-697CounciFitc# Oy.•(�q� ORlGINAL P_eseate3 3v B2'_erzed To Cc�.tee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the Board of Water Commissioners authorized a WaterWorks pilot program in October, 1999 by entering into an agreement with the Department of Public Works and Ramsey Action Programs; and WHEREAS, the purpose of the WaterWorks pilot was to assist fmancially needy customers with payment of water and sewer bills; and , WHEREAS, the Boazd of Water Commissioners and the Deparhnent of Public Works each coniributed $5,000 to fund said pilot program; and WHEREAS, Ramsey Action Programs administered the progam using federnl income and gant criteria to qualify clients; and WHEREAS, there is a continuing need to assist the Boazd's customers who aze in financial crisis; and WI�REAS, the Boazd of Water Commissioners wishes to continue WaterWorks as a permanent program; and WFIEREAS, Ramsey Action Pro�ams agrees to administer the program; and WHEREAS, an agreement between the Board of Water Commissioners and Ramsey Action Programs will specify implementation arad operation procedwes for the WaterWorks program; and WHEREAS, the Board of Water Commissioners wishes to fund this program from outside sources; and WHEREAS, the Boazd of Water Commissioners recommends funding this program by soliciting voluntary contributions from its customers and other interested parties; now, therefore, be it RESOLVED, that the Boazd of Water Commissioners be allowed to accept such contributions in accordance with Chapter 41 of the Administrative Code of the City of Saint Paul. Requ:stcd by Depzrtsent of: opted by Council: Date�� opCion Certified by Counal Sece;ary Grean She_t � �,3g�'1 � RESOLtSTiQN CIiY OF SAiNT PAUL, MIKNESOTA �� �-o c� � Saint Paul Regional Water Services BY•�e , � �ts.�.-QtyF i eG�`n r�aT�'Ianag r Form Approved by Ciry Attomcy � DEPARTMENT/OFFICE/COUNCII.: DATE IN11'IATED GREEN SfIEET 1va: 113871 Sf Paul Regional Water Services June 14, 2002 ��`�`q� CONTACTPERSON & PHONE: �iTUVnATE INiT7A�.m°T£ Bernie R Bullert 266-6274 � nEP,uTMEN�r Du�, a crrrcouxcn. MUST BE ON COUNCR. AGENDA BY (DATEj ASSIGN ? CiTY ATT�RNEY� _�iTY LLERK FINANCIAGSERVDIR. _FINANCIAI•SERV/ACCCG NUNIBER 3 MAYORCORASST.) .. FOR ROi77'A'G ORDER TOTAL# OF SIGNATUREPAGES 1(CLIP ALL I.00AT[ONS FOR SIGNA'CORE) ACTION REQiJF.STED: City Council approval of the Board of Water Commissioners' request that Saint Paul Regional Water Services be allowed to accept contributions from customers, foundations and interested parties to fund the WaterWork program. RECOMNIENDATIONS:App�ove(A)orReject(R) PERSONALSERVICECON'CRACTSMUSTANSWERI'HEFOLLOWINGQUESTIONS: i. Ilas t6is peisonJSrm evu worked under a coMraM for this department? PI.ANNINGCOMMISSION Yes No CIB COMMI'iTEE 2. Has t6is person/firtu ever been a city employee? CIVII,SERVICECOMMISSION y¢s No A_BOard ot Water Commicsioners 3. Does this persoWfirm posscss a skill not normally possessed by any curreni city employee? Yes No Explain alI yes answers ou separate sheet�and attach to gr�een sheet � =F°�,', Ir � � ¢ j eq_ ^� :�, � '"� „_... .. IMTIATIlVGPROBLEM, ISSIIE, OPPORTUMI'Y(Who, WhaG When. Wheie, Why): JUL A� .�t�t:J z .; ' "_ `ar .. .: � `.� ;� � � � The WaterWorls pilot program was laanched in 1999 to provide a resource for firia��ially�`"�cdy residential customerswho were unable to pay their water and sewer bi11. The pilot was founded on a partnership of the Board of Water Commissioners, the Department of Public Works and Ramsey Action Programs. The Board of Water Commissioners and the Department of Public Works each contributed $5,000 and Ramsey Action Programs dedicated up to $10,000 in administrative costs. In March, 2002, the Board of Water Commissioners directed staff to proceed with a permanent program to be funded by contributions from utility customers, foundations and other interested parties. ADVANTAGESIFAPPROVED: Financially needy customers will receive a doliar grant to help pay their water and sewer bills, as well as counseling services to achieve self sufficiency. "- '—- — DISADVAN'1'AGES IF APPROVED: /e,,.,�_ ��t �$�t�fu� �.��.'P!�A�' None ��� � � zQ �� DISADVANTAGES IF NOT APPROVED: Customers might not tap into the RAF networkofresonrces; SPRWS would egperience a higber rate of delinquent accounts. " TOTALAMOUNTOFTRANSACA`ION: COSTIREVENI)EBUDGETED:Yes .. F'[INDING SOURCE: 850 ACTNII'Y NUMBER: 25161, 2SI42, 25131 FINANCIAL INFORMATION: (EXPLAIM SPRWS intends [a fund start-up costs, estima[ed a[ $6,250 for sofhvar¢ modifcation, bill insert desi�a and printlo�, as we0 as � ' 0�.- `q'1 sa��� Pau nal STAFF REPORT Water Se �Sarch 12, 2002 SUBJECT Regazding the establishment of a permanent WaterWorks program to assist financially needy customers with their water and sewer bills. BACKGROUND INFORMATION See Attached RECOMMENDATION Staff seeks approvai to proceed with implementation of a permanent WaterWorks pro�ram and asks that the Boazd fund the startup and annual costs. It is anticipated that the number of accounts that are shut-off for non-payment wiil decrease due to this program which will, in turn, result in cost savings. 0���°� WaterWorks Program March 12, 2002 Page 2 Xce1 Energy sponsor a similaz program administered by the Salvation Army, to support elderly, physically challenged and low-income residents with emergency energy funds. At its October 1999 meeting, the Board of Water Commissioners (the Board) authorized a WaterWorks pilot program pursuant to an agreement between the Boazd, the St. Paul Publac Works Department (Public Works) and Ramsey Action Programs (RAP). The Board and Public Works each contributed $5,000.00 for grants to needy utility customers for their water and sewer bills. RAP dedicated up to $1Q000.00 for administrative costs. RAP administered the program, using criteria established by federal programs to qualify customers for grants. From July 6, 2000, until November 15, 2000, this program served 56 customers with 60 separate grants, with an average grant amount of $16430. Nine customers received the maximum of $300.00. Geographic distribution of the grantees and other data regarding the program are reflected on the attached sunuuary. The WaterWorks funds greatly complemented other resources for customers who are in need of financial assistance. RAP staff say, far example, that families who benefit from the program tend to be in crisis situations, and assistance with water/sewer bills supplements assistance they receive far other energy expenses. House Calls, a program that receives federal, state, and city fixnding was able to stretch resources for a variety of other housing-related expenses because of the money available from WaterWorks. Between January 1 and May 31, 2000, House Calls received 40 requests for assistance with water bills. However, because of the WaterWorks £unds provided through RAP, they received only eight such requests during the time of tl�e pilot. At their January 2001 meeting, the Board authorized staff to plan for a permanent WaterWorks program. Later in 2001, the RAP Board of Directors also indicated their interest in administering a permanent WaterWorks program. Therefore, Board and RAP staff propose the following steps for establishing and implementing a permanent WaterWorks Program: Board staff will work with the Boazd and the Mayor's office to obtain media coverage for the kick-off of the program. Staff will report to the Boazd in May regarding plans for such media coverage. • Beginning July l, 2002, an annual solicitation brochure will be mailed to all Board customers, which will ask customers for donations to the WaterWorks Program. A draft will be available for Board input in May. 2 �� ,�� �� ,� �You can lend a hand;�' � � � ��. . • • � � �`, by g�v�ng to �'�/ � ; � \ � ` ��\�`� �`� ��� ��11/aterWorks-� � /j % � � � �, •(iq�l � i � , � � � � '� � % \�� �� /;� i ,� �, WaterWorks: Heip for r�eighbors in need WaterWorks is a newprogram initiated by Saint Paul Regional Water Services (SPRWS). It is a voluntary contribution program administered jointly by SPRWS and Ramsey Action Programs (RAP).Yourgenerous contribution will assist low-income families with their water and sewer bills. Under the WaterWorks program, assistance will be limited to annual maximum amounts per recipient. To be eligible for assistance, families must • be in financial crisis, • qualifyunderlowincomeguidelinesestablishedbytheMinnesotaDepartrnentof Commerce, and • have had their water sexvice terminated or be in danger of texmination. RAP also works in partnership with program recipients to promote self-sufficiency. � �'-: � SAINi PAUL � � ' REGIONAL � � WATER s�-� sExnc�s �-. -_.--�. �" 8 4th SeE, Ste 200 Saint Paul, MN 5 S I a 1 651-2bfi-b350 Samc Paul Regionai Water Services serves approzimately 415,000 residenrs of Saint Pau1 and several surrounding communixies.The utility is governed by che Board of Water Commissioners and is entirely self- supporting,Oparating revenues are obrained solely through the sale of wacer and paymenc for services prov"�ded to ocher entities: no faxes are used to support the wa- ter utiiiry. _ ` i� : R��i... ���. . s�se.r � Peo�wuu,[�c. �� �r�� 450 Syndicate St N Saint� Paul, MN 55104 651-645-6445 RAP's mission is co roobi6ze com- muniry resaurces co reduce poverty in Ramsey and Washmg ton coun*.ies. Programs mdude chddren and family servites, crisis m[ervention, senior rimeals, and Head Scarc; supporc for economic seli sufR<ienry, budget counseling/cax aid, and wei- fare-co-work. RAP also suppor[s housing ch rough a Family 4oan program, energy assiscance services, homeless and foredo- sure prevention, rencal assiscance, and wea[herization. For more information aboutWaterWorks, contact SPRW5 Customer Sarvice ot 631-266-6350. �. v A � 7 ❑ C � 0 u v ro w � V � y, O V w�. V b ro v ^5i ti, � U w L b ,d a u (J 4' � Q O N a: N d � b 2 6 � C 0 .� C L � C .� � m m U � L w L d !-� � � � a` S. z � �i S: 5 0 3 ,. � v � � 3 � v � � � O � � �'6 � U o °�s � � � � e� � Q � ��a 9 O� o �o� � o�� � o v �, � � �x� f o u cv � a� � ov o�❑ b � y�� , 6' � . O � �' ',' N U � O O O U W � ❑ � O ❑ 8 �� �8 � R W rJ 9 0 _ j.i 1 i �' p � Z a� � � � �N O� - �.97 Water Works Program Nlarch 12, 2002 Page 3 • Customers who choose to participate will have the option of making a one-tirne contzibution or of having a designated amount added to each bill. Such designation will have to be renewed in the fourth quarter of customers' billing cycle. "I'he utility will create a separate, specially designated account for deposits to and withdrawals from this WaterWorks account. ■ Distribution of grants to customers will commence when this account reaches an inirial balance of $3,000.00. • In addition to the solicitation of customers, both Board and RAP staff will seek grant and foundation funding from other sources, such as charitable foundations. • The Saint Paul City Council will be asked for a waiver from Section 41.01, which states in part: "No officer or employee of the City of Saint Paul shall solicit any funds or property for any employer-related or occupational-related purposes: ' ■ RAP will administer the pro�am by qualifying applicants based on income criteria established by the Minnesota Department of Commerce. ■ Participants in WaterWorks also must meet the following criteria: ► be a Board residential water andlor sewer customer who is named on the water bill ► be a single-family homeowner or an owner or renter of a one- to four-unit rental property (renters must also have landlord/owner approval) ■ As part of the counseling services provided by R.AP, and in accordance with goals established by the organization, RAP staff also will help clients who seek assistance "in achieving self-reliance through provision of long term self-safficiency" and in achieving "stability in their lives." • In addition to the WaterWorks Agreement to be executed by the Board and RAP, Boazd and RAP staff will develop an Operational Plan, which will address the day-to-day operational details of administering the program. • RAP and Board staff will report back to the Board on the progress and operations of the program on a quarterly basis for the first year of operation and annually thereafter. ox . V91 WATERWORKS AGREEMENT BET'WEEN THE BOARD OF WATER CONNi ICSSIONERS and RAMSEY ACTION PROGRAMS, INC. THTS AGREEMENT made and entered into this day of , 2002, by and between the BOARD OF WATER COMMISSTONERS OF THE CITY OF SAINT PAiJI., a Minnesota Municipal Corporation whose address is 400 Commerce Building, 8 Fourth Street Bast, Saint Paul, Minnesota 55101 ("the `Board"), and RANISEY ACTION PROGRAMS, INC., a Minnesota Non-Profit Corporation whose address is 450 North Syndicate Street, Saint Paul, Minnesota 55104 ("RAP)" WITNESSETH: WI3EREAS, the Board has customers who fail to pay their water or sewer bills due to lack of adequate financial resources; and WHEREAS, the Board desires to assist these financially needy customers; and WHEREAS, in order to meet these obligations, the Board joined with the City of Saint Paul through its Departrnent of Public Works, and RAP to conducted a WaterWorks pilot program from July, 2000 through November 2000, with $5,000.00 in funding provided by each the Board and the City of Saint Paul, and the dedication of up to $10,000.00 in admirustrative costs by RAP; and WHEREAS, said Water Works pilot program successfully assisted 60 families with payment of their water and sewer bills; and WHEREAS, tl�e Boazd and 12AP desire to establish a permanent WaterWorks program to assist financially needy customers of the Board with payment of their water and sewer bills; and WI�IEREAS, RAP is qualified and desires to provide certain administrative services for a permanent WaterWorks program; NOW, THEREFORE, the parties, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1. Recitals incorporated. The above recitals aze hereby incorporated herein. SECTION 2. Establishment of WaterWorks Program. Boazd and Rap hereby establish and a�ree to jointly manage a WaterWorks Program to assist financially needy customers with their water and sewer bills (the "Program") by soliciting and disbursing contributions from Board customers and others, in accordance with the terms and conditions of this Agreement. oa• l��'1 SECTTON 3. Tasks and Responsibilities. A. RAP agrees to provide all administrative and coordination services for the Program. Specifically, RAP agrees to perform the following tasks and responsibilities: Task & Resp,onsibilitv 1. Provide and enforce verifiable fmancial and eligibiliry guidelines for customer participation, as discussed in SECTTON 17. Eligibility. Task & Responsibilitv 2. Provide intake and referral assistance. Task & Responsibilitv 3. Verify eligibility and authorize payments for water and sewer bills as required, which bills shall not exceed $300.00 per customer in any 12-month period. Task & Responsibilitv 4. Produce and maintain all records, which shall be maintained on file and available for review by the parties upon reasonable notice, as described in SECTION 8. Records. Task & Resoonsibilitv 5. RAP may chazge an administratian fee no greater than 10 percent of the total monies disbursed under the Program. RAP will bill the Boazd for such administrative fees on a quarterly basis. B. Board agrees to provide leadership for the solicitation of funds and coordination of the Program, and to specifically perform the following tasks and responsibilities: Task & Res�onsibilitv 1. Solicit contributions from the Board's customers by mailing a solicitation brochure to all its customers beginning July 1, 2002, and every fourth quarter thereafter, so long as the Program is in full force and effect. Task & Responsibilitv 2. Establish a separate, designated account for the Progxam which sha11 be maintained by Board staff. Furthermore, Boazd staff wi11: a. Deposit all funds raised for the Program by either party into the Program account. b. Inform R.AP when the balance of the account reaches $5,000.00, at which time RAP is authorized to approve pre-qualified Boazd customers for payment from the account. a Make payments from the Program account to customer accounts that have been qualified and authori2ed by RAP through internal transfer from the Program account to the qualified customer accounts. Task & Responsibility 3. As identified in the regular course of business, refer Board customers to RAP for application to the Program. C. Board and RAP both agree to the following tasks and responsibilities: o a - Gq'l Task & Responsibilitv 1. Meet with representatives of the other parry from time-to-time to discuss the Prograzn and make any necessary changes or improvements in operations, including changes to the Programs Manual, attached hereto and incorporated herein as E�ibit "A", to which both parties have agreed and which will guide both parties in the day-to-day operations of the Program. Task & Responsibilitv 2. Seek opportunities to raise funds for the Program from sources other than the Board's customers. SECTION 4. Commencement Date. The commencement date for the Program shali be the date on which the agreement is fully executed. SECTION 5. Changes in Scope of Services. Boazd and RAP may mutually agree to changes that would increase, decrease, or otherwise modify the Scope of Services. Tncreases in scope and/or corresponding changes in compensation must be requested and authorized in writing and in advance by the Board, as well as by RAP. SECTION 6. Program Managers. RAP agrees to assign Tamra Ann Brace, Manager, Coordinated Intake, as its WaterWorks Program manager ("Principal Project Manger"). This individual will coordinate and manage the project under the terms of the Agreement. RAP agrees that it sha11 not remove its Principal Pro}ect Manager without the prior written approval of Saint Paul Regional Water Services General Manager. Any such unauthorized removal shall constitute reasonable grounds for termination of this Agreement by the Board. It is recognized that questions regazding the conduct of performance pursuant to tYus Agreement may arise. The Board agrees to assign Helga Kessler, Public Service Manager, as its WaterWorks Proa am manager (`Boazd's Pxo}ect Manager") This individual will coordinate and manage the project on behalf of Che Board, answez questions in the day-to-day performance of this Agreement, and have the authority to transmit instructions, receive inforxnation, and inteipret and define the Board's policy and decisions pertinent to this Agreement. SECTION 7. Termination or Cancellation. This Agreement will continue in full force and effect unless it is terminated or canceled at an earlier date by either party, pursuant to the terms and conditions contained herein. Either party to this Agreement may terminate or cancel it at will and without cause at any time by giving no less than thirry (30) days written notice of the intent to terminate to the other parry. In the event of termination, RAP shall provide Board, upon request, all documents or records developed up to the time of termination. SECTION 8. Records. RAP agrees not to release, transmit, or otherwise disseminate information generated as a result of this Program without prior knowledge and consent of the Boasd. oi• `q� SECTTON 9. Reports and Evaluafion. RAP agrees to provide any reports or information requested or required by the Boazd. Informarion requested shall be provided or made available within 30 days following a written request. RAP further agrees to grant the Board reasonable access to any books and records concerning the Pro�am and any of the funds and activities specified herein. RAP further a�ees to maintain all books, documents, papers, account records, and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such material available at its o�ce at all reasonable times during the Agreement period and for one (1) yeaz after the conclusion of this Agreement. SECTION 10. Marketing, Publicity and Pre-Approval of Documents. Both parties shall mazket the Program. Unless otherwise agreed by the Parties' Project Managers, all literature, brochures, advertisements or other wratten communications to be distributed to Program participants, or potential Program participants must be pze-approved by the Parties' Project Managers. Any publicity given to the Program, publications, or services provided resulting from this Agreement, including but not limited to notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices shall identify both the Soard and RAP as sponsoring agencies of the Program. Wherever possible, the parties' logos shall be included in any such marketing or pubiicity documents. SECTION 11. Equal Opportunity Employment. The parties agree that they will not discriminate against any employee or applicant for employment for work under this Agxeement because ofrace, creed, religion, color, sex, sexual or affectional orientation, fanvliai status, national origin, ancestry, age, disability, marital status or status with regazd to public assistance, and will take affirmative steps to ensure that applicants aze employed and employees aze treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. SECTION 12. Assignment. The parties each bind themselves and their successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement. No party may assign or transfer their interest in this Agreement without the written consent of the other parties. SECTION 13. Tndependent Contractor. It is agreed by the parties that, at all times and far a11 purposes within the scope of the Agreement, the relationship of RAP to the Board is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find RAP an employee of the Board and RAP shall be entitled to none of the rights, privileges, or benefits of Board employees. L� o z• `q� SECTION 14. Subcontracting. RAP a�rees not to enter into any subcontracts for any ofthe work contemplated under ttris Agreement without obtaining prior written approval of the Boazd. SECTION 15. Liability and Indemnification. RAP shall defend, indemnify and hold hannless the Board and the City of St. Paul from any claim, loss, judgment, liability, or expense (including reasonable attorneys fees) for damage to any property, or for death or injury to any person caused by or arising from the negligent acts or omissions or willful misconduct of its officers, employees, and representatives of the officers, employees or representatives of participating contractors or subcontractors during performance of this Agreement. SECTION 16. Insurance. RAP shall purchase and maintain such insurance as shall protect the Board and the Ciry of St. Paul from claims under Workers' Compensation Acts and from claims for damages because of bodily injury, including death, and properiy damage which may in any way arise out of or in any remote or proximate manner connected with the performance of this Agreement. RAP sha11 provide Certificates of Insurance that reiate to Worker's Compensation insurance, general liability, and automobile insurance for damages arising out of bodily injury and property damage during the performance of the work required pursuant to this Agreement. The Certificate of Insurance shall name the BOARD of WATER COMMISSIONERS and the CITY OF ST. PALTL as additional insureds. SECTION 17. Eligibility. RAP agrees to take all reasonable steps to verify that all Program participants meet the following criteria: A. Participant must be a Boazd residential water andlor sewer customer who is named on the water bill. B. Participants' income must meet the low-income criteria established annually by the Minnesota I7epartment of Commerce, or as specified in the WaterWorks "Programs Manual" established jointly by RAP and the Boazd, which is subject to review and revision upon agreement by both parties. C. Participant must be a single-family homeowner or an owner or renter of a one- to four-unit rentai properry. D. Participant must live in a Minnesota County where RAP has the ability to provide services, which includes Ramsey, Dakota and Washington Counties in the State of Minnesota. SECTION 18. Entire Agreement. It is understood and agreed that the enure Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters hereof. oa. �q� SECTION 19. Requirement of a Wriring. Any altemations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. SECTION 20. Amendment of Agreement. This Agreement may be amended by fiuther mutual written agreement of the parties thereto. SECTION 21. Governing Law. The interpretation of ttus Agreement and the rights and obligations of the par[ies hereunder sha11 be conslrued under and govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising from this Agreement (or breach thereo fl shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. SECTION 22. No Third Party Beneficiary. No provision in this Agreement sha11 be in any way to inure to the benefit of any third person (including the public at large or any Program participants) as to constitute any such person as a third party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise oives rise to a cause of action in any person not a pariy hereto. SECTION 23. Execution Authority. The parties to this Agreement and the individuals executing tkus Agreement certify that the appropriate person(s) have executed this agreement on behalf of each party as required by applicable articles, by-laws, resolutions, or ordinances. SECTION 24. Notice. Any notice between the parties shall be sent by United States mail, postage thereon prepaid, addressed to the individuals named below (or, if necessary, their successors): For Board: Helga Kessler Boazd of Water Commissioners 8 Fourth Street East, Suite 200 Saint Paul MN 55101 !_. � � '7f' . �� . : �s �� Ramsey Acrion Programs, Inc. 450 North Syndicate Street Saint Paul MN 55104 O �. - 6°1'1 IN WI`INESS WHEREOF, the parties hereto have executed this Agreement, the day and yeaz first above written. Approved: Bernie R. Bullert, General Manager Approved as to form: BOARD OF WATER COMiVIISSIONERS OF THE CITY OF SAINT PAUL By James C. Reiter, President (date) � Janet Lindgren, Secretary (date) By Assistant City Attomey Peter Hames, Director (date) Office of Financial Services RAMSEY ACTION PROG�2AM5, INC. � Title: Date: 7 90ARD OF WATEtt COMMISSlONERS RE50LtJTlON — 6F�JEi2At FORM o a- t�9'1 No 4838 coMMES oH Cardinal oA � July 9, 20Q2 WHEREAS, there are customers of the Boazd of Water Commissioners ("Board") who are unabie to pay their water or sewer bills because they lack adequate financial resources; and WHEREAS, the Boazd desires to assist these financialty needy customers in the payment of their water and sewer bills by establishing and supporting a WaterWorks program; and WAEREAS, Ramsey Action Programs, Inc. ("RAP") currently administers financiai assistance programs and is willing to provide certain administrative services for a WaterWorks program for a fee not to exceed ten (10) percent of the dollar grants made to Board customers; and WHEREAS, staff has prepared a WaterWorks agreement and the assistant city attorney has approved it as to form; now, therefore, be it RESOLVED, that the WaterWorks agreement between the Board of Water Commissioners and Ramsey Action Pro�ams, Inc, to implement a WaterWorks program, is hereby approved and that the proper officers are hereby authorized to execute said Agreement on behalf of the Boazd following Saint Paul City Council approval of a request for variance from Administrative Code Section 41.01. Solicitations Prohibited Water Commissionets yea,y Anfang Cardinal Harris President Reiter Nays n Adopted by the Board of Water Commissioners July 9, : 2002 In favor 4_ Oppose� Q C I ✓�� � � SECY. co��F��� os.. Gq7 ORIGiNAL ?reseated 3v �e'e_red '*o Ce�ttee; Dzte 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the Boazd of Water Commissioners authorized a WaterWorks pilot program in October, 1999 by entering into an agreement with the Department of Public Works and Ramsey Action Programs; and W�REAS, the purpose ofthe WaterWorks pilot was to assist financially needy customers with payment of water and sewer bills; and , WHEREAS, the Boazd of Water Commissioners and the Department of Public Works each conri-ibuted $5,000 to fund said pilot program; and WHEREAS, Ramsey Action Programs administered the program using federal income and grant criteria to qualify clients; and WT�REAS, there is a continuing need to assist the Board's customers who are in financial crisis; and WI3EREAS, the Boazd of Water Commissioners wishes to continue WaterWorks as a permanent program; and WHEREAS, Ramsey Action Programs agrees to administer the program; and WHEREAS, an agreement between the Boazd of Water Commissioners and Ramsey Action Programs will specify implementation and operation procedures for the WaterWorks proa am; and WHEREAS, the Board of Water Commissioners wishes to fund this program from outside sources; and WHEREAS, the Board of Water Commissioners recommends funding this progam by soliciting voluntary contributions from its customers and other interested parties; now, therefore, be it RESQLVED, that the Boazd of Water Commissioners be allowed to accept such contributions in accordance with Chapter 41 of the Administrarive Code of the City of Saint Paul. Requ;stcd by Depzr?ment of: .4dopted by Council: Date�� Adoption Certi£ied by Council Sccetary Gzeen Sheet r � 1� g h� RESOLUT}ON CIiY OF SAII�iT PAUL, M1AINcS07A ��} �-o c� � Saint Paul Regional Water Services BY•�e � � e�anag r Form Approwd by Ciry At[omcy ✓ DEPARTMENL/OFFICE/COUNCIL: DATE INITIATEA GREEN SHEET No.• 113871 � St Paul Regional Water Services June 14, 2002 ' O' 1 CUNTACf PERSON& PHONE_ 1N1TfAL/UATE INiTTALDATE Bernie R Bullert 266-6274 1 DEp,�xTMENr nm, a crrr cocmrcn. M[JStBEONCOUNCII.AGENDA BY(DATE) ASSIGN ? �'�ATTORNEY_� _ C11'YCLE1iK FINANCIALSERVDIIL _ FINAn'C[�AI.SERV/ACCCG N5IMBER 3 MAYOR(ORASS'T) � FOR ROU1'ING ORDER TOTALH OF SIGNATORE PA6ES 1(CI.IP ALL LOCATIONS FOR SIGNATURE) ACfLONREQU&STED: City Council approval of the Board of Water Commissioners' request that Saint Paul Regional Water Services be allowed to accept contributions from customers, foundations and interested parties to fund the WaterWork program. RECOMII4ENDATIONS:Appmve(A)orReject(R) PERSONALSERVICECONIRACISMOSTANSWERTAEFOLLOWINGQUESTIONS: 1. Has this p¢rson/firm ever worked under a contrac[ for this departmeot? PLANNINGCOMMISSION Yes No CiB COT1A'II1"1'EE 2. Has this persodfirm ever been a city employee? CIVII.SERVICECOIbA�IISSION Yes No � A_ Boattl of Water Commissiorers 3. Does this persodfirm poss�s a skJ� not oormally possessed by any current city employee? Yes No Explain all yes aoswers ou separate speet and attach to men sheet . �a :r's4 � '� F r .:.x- i..., � 2 (+ S n n - .�- � �t �. _ ... INl'CIATING PROBLEM, ISSUE, OPPORT[JNiTY (Who, What, Wheq 4✓here, Why): °�u� � G ��� ,.�. _,.:, ;,,�°"�����; t"'_� The WaterWorks pilot program was launched in 1444 to provide a re`'source�for friaucially��e�dy residential customerswho were unable to pay theirwater and sewer bill. The pilotwas founded on a partnership of the Board of Water Commissioners, the Department of Public Works and Ramsey Action Programs. The Board of Water Commissioners and the Department of Public Works each contributed $5,000 and Ramsey Action Programs dedicated up to $10,000 in administrative costs. In March, 2002, the Board of Water Commissioners directed staff to proceed with a permanent program to be landed by contributions from utility customers, foundations and other interested parties. ADVANTAGES IF APPROVED: Financially needy cnstomers will receive a dollar grant to help pay their water and sewer bills, as well as counseling services to achieve self sufficiency. �"' -- DLSADVANI'AGESIFAPPROVED: �e � ���}� WlR �( None ��� � � � DISADVANTAGES IF NOT APPROVED: Customers might not tap into the I2AP networkofresources; SPRWS would experience a higher rate of delinquent accounts. " TOTALAMOUNI'OFTRANSACTiON: COST/REVEN[IEBUDGETED:Yes .. FONDWG SOURCE: 850 ACI'IVI1'P NUMBER: 28161, 28142, 28131 FA'ANCL4L INFORMATION: (EXPLAIM SPRWS intends to fund sfar4up costs, estimated at $6,250 for mfCware moditication, bill insert design aud orintin�, as well as . � O�- �9'1 sa�� Pau na� $TAFF REPORT Water Se �r�h �z, Zoo2 SUBJECT Regazding the establishment of a pemzanent WaterWorks program to assist financially needy customers with tiieir water and sewer bills. BACKGROUND INFORMATfON See Attached RECOMMENDATION Staff seeks approval to proceed with implementation of a permanent WaterWorks pro;ram and asks that the Boazd fund the startup and annual costs. It is anticipated that the number of accounts that are shut-off for non-payment wiil decrease due to this program which will, in turn, result in cost savings. oa-�q't �---�' �____� o�.�•a� ; ����� �You can I�nd a hand � ;', � �`� bY giving to %� ' �der� , � �, � � i \' �\ '����11/aterWorks ,%�'� � ,;�' i 1 ��\ � � � , �j �� ; ,� lia �� � � � � �� / � ublic � �/ sewer WaterWorks: Help for rteighbors in need WaterWorks is a new program initiated by Saint Paul Regional Water Services (SPRWS). It is a voluntary contribution program administered jointly by SPRWS and Ramsey Action Programs (RAP).Yourgenerous contributionwill assistlow-income families with their waCer and sewer bills. Under the WaterWorks program, assistance will be limited to annual maximum amounts per recipient. To be eligible for assistance, families must • be in financial crisis, • qualifyunderlowincomeguidelinesestablishedbytheMinnesotaDepartsnentof Commerce, and • have had their water service terminated or be in danger of terxnination. RAP also works in partnership with prog:am recipients to promote self-sufficiency. � SAINT PAUL § ' REGIONAL �F"�`-. WATER �` � SERYILES �� f � - ... . _.N ...... . . . "-,._.....- -. _ h"::: 5 B 4th St E, Ste 20D Saint Paul, MN 5510 ( 651-266-5350 j I � �, P an,�s-�a r v,<o�r,,as:�.r- ,.. x� sr_i^ _6 A50 SyndicaYe St N Saint Paul, MN SS I OA 651-6A5-6445 Saint Paul Regional Water $ervices serves approzimately 415,000 residenes of Saint Paul and several surrounding communixies.The utiliry is governed by che Board otWaterCommissioners and is entirely self- supporcing.Oparating revenues are obcained solely chrough the sale of wacer and paymenc for services provided to o[her entities: no taxes are used to support Ehe wa- ter utiltty. RAP's mission is co mobilize com- menity resources eo reduce poverty irt Ramsey and Washing- xon munties. Programs indude children and family services, crisis mxervenrion, senior meals, and Head S�arc; support for e<onomic self suifr<izncy, budget munseling(cax aid, and wel- tare-co-work. RAP also supports housing through a family toan program, energy assiscante services, homeless and torecio- sure preventio�, rencal assistance, and weacherizanon. ed of n tend city se of s funds 'orks stering ; step5 age for Or draft For more in formation abouiWaterWorks, contact SPftWS Customer Service at 651-266-6350. o�-��� Water Works Program Ntarch 12, 2002 Page 3 • Customers who choose to participate will have the option of making a one-time contribution or of having a designated amount added to each bill. Such designation will have to be renewed in the fourth quarter of customers' billing cycle. The utility will create a sepazate, specially designated account for deposits to and withdrawals from this WaterWorks account. ■ Distribution of grants to customers will commence when this account reaches an initial balance of $3,000.00. • In addition to the solicitation of customers, both Board and RAP staff will seek grant and foundation funding from other sources, such as charitable foundations. • The Saint Paul City Council will be asked for a waiver from Section 41.01, which states in part: "No officer or employee of the City of Saint Paul shall solicit any funds or property for any employer-related or occupational-related purposes: ' • RAP will administer the program by qualifying applicants based on income criteria established by the Minnesota Department of Commerce. � Participants in WaterWorks also must meet the following criteria: / be a Board residential water and/or sewer customer who is named on the water bill ► be a single-family homeowner or an owner or renter of a one- to four-unit rental property (renters must also have landlord/owner approval) • As part of the counseling services provided by RAP, and in accordance with goals established by the organization, RAP staff also will help clients who seek assistance "in achieving self-reliance through provision of long term self-sufficiency" and in achieving "stability in their lives." � In addition to the WaterWorks Agreement to be executed by the Board and RAP, Board and RAP staff will develop an Operational Plan, which will address the day-to-day operational details of administering the program. • RAP and Board staff will report back to the Board on the progress and operations of the program on a quarterly basis for the first yeaz of operation and annually thereafter. oa • �9� WATERWORKS AGREEMENT BET'WEEN THE BOARD OF WATER COD�'IISSIONERS and RAMSEY ACTION PROGRANIS, INC. THIS AGREEMENT made and entered into this day of , 2002, by and between the BOARD OF WATER COMNIISSIONERS OF THE CITY OF SAINT PAUL, a Minnesota Municipal Corporation whose address is 400 Commerce Building, 8 Fourth Sizeet East, Saint Paul, Minnesota 55101 ("the "Board"), and RAMSEY AC'I'ION PROGRAMS, INC., a Minnesota Non-Profit Corporation whose address is 450 North Syndicate Street, Saint Paul, Minnesota 55104 ("RAP)" WITNESSETH: WHEREAS, the Board has customers who fail to pay their water or sewer bills due to lack of adequate financial resources; and WHEI2EAS, the Boazd desires to assist these financially needy customers; and WHEREAS, in order to meet these obligations, the Board joined with the City of Saint Paul through its Departrnent of Public Works, and RAP to conducted a WaterWorks pilot program from July, 2000 through November 2000, with $5,000.00 in funding provided by each the Boazd and the City of Saint Paul, and the dedication of up to $10,000.00 in admuustrative costs by RAP; and WHEREAS, said Water Works pilot program successfully assisted 60 families with payment of their water and sewer bills; and WHEREAS, the Boazd and RAP desire to establish a permanent WaterWorks program to assist financially needy customers of the Board with payment of their water and sewer bills; and WHEREAS, RAP is qualified and desires to provide certain administrative services for a permanent WaterWorks program; NOW, THEREFORE, the parties, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1. Recitals incorporated. The above recitals are hereby incorporated herein. SECTION 2. Establishment of WaterWorks Program. Board and Rap hereby establish and agree to jointly manage a WaterWorks Program to assist financially needy customers with their water and sewer bills (the "Program") by soliciting and disbursing contributions from Board customers and others, in accordance with the terms and conditions of this Agreement. 02• laq'1 SECTION 3. Tasks and Responsibilities. A. RAP a�ees to provide all adnvnistrative and coordinarion services for the Program. Specifically, RAP aa ees to perform the following tasks and responsibilities: Task & Responsibilitv 1. Provide and enforce verifiable financial and eligibility guidelines for customer participation, as discussed in SECTION 17. Eligibility. Task & Resnonsibilitv 2. Provide intake and referral assistance. Task & Responsibilitv 3. Verify eligibility and authorize payments for water and sewer bills as required, which bills shall not exceed $300.00 per customer in any 12-month period. Task & Responsibility 4. Produce and maintain all records, which sha11 be maintained on file and available for review by the parties upon reasonable notice, as described in SECTION 8. Records. Task & Responsibilitv 5. RAP may chazge an administration fee no greater than 10 percent of the total monies disbursed under the Program. RAP will bill the Boazd for such administrative fees on a quarterly basis. B. Board agrees to provide leadership for the solicitation of funds and coordination of the Program, and to specifically perform the following tasks and responsibilities: Task & Responsibility 1. Solicit contributions from the Boazd's customers by mailing a solicitation brochure to all its customers beginning July 1, 2002, and every fourth quarter thereafter, so long as the Program is in full force and effect. Task & Responsibilitv 2. Establish a sepazate, designated account for the Program which shall be maintained by Board staff. Furthermore, Board staff will: a. Deposit all funds raised for the Program by either party into the Program account. b. Inform RAP when the balance of the account reaches $5,000.00, at which time RAP is authorized to approve pre-qualified Board customers for payment from the account. c. Make payments from the Program account to customer accounts that have been qualified and authorized by RAP through intemal transfer from the Progzam account to the qualified customer accounts. Task & Responsibilitv 3. As identified in the regular couzse of business, xefer Boazd customers to RAP for application to the Program. C. Board and RAP both agree to the following tasks and responsibilities: o a - `q? Task & Responsibilitv 1. Meet with representatives of the other party from time-to-time to discuss the Progcam and make any necessary changes or improvements in operations, including changes to the Programs Manual, attached hereto and incorporated herein as Er.hibit "A", to which both parties have a�eed and which will guide both parties in the day-to-day operations of the Program. Task & Responsibilitv 2. Seek opportunities to raise funds for the Program from sources other than the Board's customers. SECTION 4. Commencement Date. The commencement date for the Program shall be the date on which the agreement is fully executed. SECTION 5. Changes in Scope of Services. Boazd and RAP may mutually agree to changes that would increase, decrease, or otherwise modify the Scope of Services. Increases in scope and/or corresponding changes in compensation must be requested and authorized in writing and in advance by the Boazd, as well as by RAP. SECTION 6. Program Managers. RAP agrees to assign Tamra Ann Brace, Manager, Coordinated Intake, as its WaterWorks Program manager ("Principal Project Manger'�. This individual will coordinate and manage the project under the terxns of the Agreement. RAP agrees that it shall not remove its Principal Project Manager without the prior written approval of Saint Paul Regional Water Services General Manager. Any such unauthorized removal shall constitute reasonable grounds for termination of this Agreement by the Boazd. It is recognized that questions regarding the conduct ofperforsnance pursuant to this Agreement may arise. The Board ab ees to assign Helga Kessler, Public Service Manager, as its WaterWorks Program manager (`Board's Project Manager") This individual will coordinate and manage the project on behalf of the Board, answex questions in the day-to-day performance of this Agreement, and have the authority to transmit instructions, receive information, and interpret and define the Board's policy and decisions pertinent to this Agreement. SECTION 7. Termination or Cancellarion. This Agreement will continue in full force and effect unless it is terminated or canceled at an earlier date by either party, pursuant to the terms and conditions contained herein. Either party to this Agreement may terminate or cancel it at will and without cause at any time by giving no less than thirty (30) days written notice of the intent to terminate to the other pariy. In the event of termination, RAP shall provide Boazd, upon request, all documents or records developed up to the time of termination. SECTION 8. Records. RAP agrees not to release, transmit, or otherwise disseminate information generated as a result of this Program without prior knowledge and consent of the Boazd. , � C.ti• `q''l SECTION 9. Reports and Evaluation. RAP agrees to provide any reports or information requested or required by the Boazd. Information requested shall be provided or made available within 30 days following a written request. RAP further agrees to �ant the Boazd reasonable access to any books and records concerning the Program and any of the funds and activities specified herein. RAP fiirther agrees to maintain all books, documents, papers, account records, and other evidences pertaining to work performed under tlris Agreement in such a manner as will readily conform to the terms of this Agreement and to make such material available at its office at all reasonable tunes during the Agreement period and for one (1) yeaz after the conclusion of this Ab eement. SECTION 10. Marketing, Publicity and Pre-Approval of Documents. Both parties shall market the Program. Unless othenvise agreed by the Parties' Project Managers, all literature, brochures, advertisements or other written communications to be distributed to Program participants, or potential Program participants must be pre-approved by the Parties' Project Managers. Any publicity given to the Program, publications, or services provided resulting from this Agreement, including but not limited to notices, informational pamphlets, press releases, reseazch, reports, signs, and similaz public notices sha11 identify both the Board and RAP as sponsoring agencies of the Program. Wherever possible, the parties' logos shall be included in any such mazketing or publicity documents. SECTION 11. Equal Opportunity Employment. The parties agree that they will not discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, familial status, national origin, ancestry, age, disability, mazital status or status with regazd to public assistance, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employxnent, upgrading, demotion, or transfer; recnzitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. SECTION 12. Assignment. The parties each bind themselves and their successors, legal representatives, and assigns of such other pariy, with respect to all covenants of this A�eement. No party may assign or transfer their interest in this Agreement without the written consent of the other parties. SECTION 13. Independent Contractor. Tt is agreed by the parties that, at all times and for all purposes within the scope of the Agreement, the relationship of RAP to the Boazd is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find RAP an employee of the Boazd and RAP shall be entitled to none of the rights, privileges, or benefits of Board employees. L'! OZ• (.q'1 SECTION 14. Subcontracting. RAP agrees not to enter into any subcontracts for any ofthe work contemplated under this Agreement without obtaining prior written approval of the Boazd. SECTION 15. Liability and Indemnification. RAP shall defend, indemnify and hold harmless the Board and the City of St. Paui from any claim, ioss, judgment, liability, or expense (including reasonable attomeys fees) for damage to any properry, or for death or injury to any person caused by or arising from the negligent acts or omissions or willful misconduct of its officers, employees, and representatives of the officers, employees or representatives of participating contractors or subcontractors during performance of this Agreement. SECTION 16. Insurance. RAP shall purchase and maintain such insurance as shall protect the Board and the City of St. Paul from claims under Workers' Compensation Acts and from claims for damages because of bodily injury, including death, and property damage which may in any way arise out of or in any remote or proximate manner connected with the performance of this Agreement. RAP shall provide Certificates of Insurance that relate to Worker's Compensation insurance, general liability, and automobile insurance for damages arising out of bodily injury and property damage during the performance of the work required pursuant to this Agreement. The Certificate ofInsurance shall name the BOARD of WATER COMMISSIONERS and the CITY OF ST. PAUL as additional insureds. SECTION 17. Eligibility. RAP agrees to take all reasonable steps to verify that all Program participants meet the following criteria: A. Participant must be a Board residential water and/or sewer customer who is named on the water bill. B. Participants' income must meet the low-income criteria established annually by the Minnesota Department of Commerce, or as specified in the WaterWorks "Programs Manual" established jointly by RAP and the Boazd, which is subject to review and revision upon agreement by both parties. C. Participant must be a single-family homeowner or an owner or renter of a one- to four-unit rental property. D. Participant must live in a Minnesota County where RAP has the ability to provide services, which includes Ramsey, Dakota and Washington Counties in the State of Minnesota. SECTION 18. Enfire Agreement. It is understood and agreed that the entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters hereof. os • �q�t SECTION 19. Requirement of a Writing. Any altemations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. SECTION 20. Amendment of Agreement. This Agreement may be amended by further mutual written agreement of the parties thereto. SECTION 21. Governing Law. The interpretation of this Agreement and the rights and obligations of the parties hereunder shall be construed under and govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising from this Agreement (or breach thereo fl shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. SECTION 22. No Third Party Bene£ciary. No provision in this Agreement shall be in any way to inure to the benefit of any third person (including the public at lazge or any Program participants) as to constitute any such person as a third party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise gives rise to a cause of action in any person not a party hereto. SECTION 23. Execution Authority. The parties to this Agreement and the individuals executing this Agreement certify that the appropriate person(s) have executed this agreement on behalf of each party as required by applicable articles, by-laws, resolutions, or ordinances. SECTION 24. Notice. Any notice between the parties shall be sent by United States mail, postage thereon prepaid, addressed to the individuals named below (or, if necessary, their successors): For Boazd: Helga Kessler Board of Water Commissioners 8 Fourth Street East, Suite 200 Saint Paul MN 55101 • ' � ' .,�5'��:� Ramsey Action Programs, Inc. 450 North Syndicate Street Saint Paul MN 55104 C � - ��1'1 IN WITNESS WI-IEREOF, the parties hereto have executed this Agreement, the day and year first above written. Approved: Bemie R. Bu11ert, General Manager Approved as to form: BOARD OF WATER COMNIISSIONERS OF "I`HE CITY OF SAINT PAUL James C. Reiter, President (date) � Janet Lindgren, Secretary (date) By Assistant City Attorney Peter Hames, Director (date) Office of Financial Services RAMSEY ACTION PROGRAMS, INC. : Title: Date: BOARD OF WATER CAMMISSI0NER5 RESOLUTION — GENERAL FORM o a- c�q'1 No 4838 PReser+ren ev Cardinal July 9, 2002 COMMISSIONER DA7E. 'WFIEREAS, there aze customers of the Boazd of Water Commissioners ("Boazd") who are unable to pay their water or sewer bills because they lack adequate financial cesources; and WHEREAS, the Board desires to assist these financially needy customers in the payment of their water and sewer bills by establishing and supporting a WaterWorks program; and WE3EREAS, Ramsey Action Programs, Tnc. ("RAP") currenfly administers fmancial assistance programs and is willing to provide certain administrative services for a WaterWorks prograzn for a fee not to exceed ten (10) percent of the dollaz grants made to Board customers; and '4VFIEREA5, staff has prepazed a WaterWorks agreement and the assistant ciry attorney has approved it as to form; now, therefore, be it RESOLVED, that the WaterWorks agreement between the Board of Water Commissioners and Ramsey Action Pro�ams, Inc. to implement a WaterWorks program, is hereby approved and that the proper officers are hereby authorized to execute said Agreement on behalf of the Boazd following Saint Paui City Council approval of a request for variance from Administrative Code Section 41.01. Solicitations Prohibited Watu Coaunissioners ye Anfang Cardinal Harris President Reiter Nays Adopted by the Board of Water Commissioners Ju1y 9, 2002 In favor 4 _ Opposed. � _ SECV.