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HomeMy WebLinkAboutContracts & Agreements_116-2007_CCv0001.pdf 414- SOUTHERN CALIFORNIA EDISON COMPANY 2007 COOL CENTER PROGRAM AGREEMENT This Agreement is entered into on July 17, 2007 ("Effective Date") by and between Southern California Edison Company ("SCE"), a California corporation, and Redlands Community Senior Center("Contractor"), (each a "Party", and collectively the"Parties"). PURPOSE On July 3, 2006, SCE filed an Application for Approval of Low-Income Assistance Programs and Budgets for Program Years 2007 and 2008 with the California Public Utilities Commission ("Commission"), seeking, among other things, permission to establish the Cool Center Program ("Cool Center Program") in SCE's service territory during the summers of 2007 and 2008, and to recover Cool Center Program-related expenses incurred during the summers of 2007 and 2008. On December 14, 2006, the Commission issued Decision 06-12-038 adopting the Cool Center Program and budgets for 2007 and 2008. Each Cool Center is intended to provide residents (particularly low- income, senior, and disabled residents), in isolated hot climates, a safe air-conditioned facility they can visit during peak hours of the summer months of 2007 in lieu of running their own cooling devices at home. SCE wishes to retain Contractor as an independent contractor to operate a Cool Center at each of the locations set forth in the Scope of Work attached hereto as Attachment A ("Scope of Work") in accordance with the specifications set forth therein. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: TERMS AND CONDITIONS 1. CONTRACTOR'S WORK a) Scope of Work: Contractor hereby agrees to perform the work set forth in the Scope of Work ("Work"), in accordance with the specifications therein and the terms and conditions set forth in this Agreement. b) Standard of Care: Contractor shall exercise the highest public safety standards and degree of skill required by current professional standards in performing the Work. 2. REPORTS For each Reporting Month (defined in the Scope of Work), Contractor shall provide a Monthly Report for each Cool Center to the SCE Representative by no later than the tenth day of the calendar month following such Reporting Month. Contractor shall also provide a Final Report for each Cool Center to the SCE Representative by no later than November 1, 2007. Each Monthly Report and Final Report shall contain all of the information and be in a format required by the Scope of Work. 1,1 kv0 W P i --,N 3. COMPENSATION a) Maximum Aggregate Amount: In exchange for the Work Contractor performs Fl under this Agreement, SCE shall pay Contractor for its actual, reasonable k---,-, _ program expenditures set forth in the Budget, defined below, up to an aggregate amount not to exceed $14,000 ("Maximum Aggregate Amount"). There shall be no additional cost to SCE unless required by a written amendment to this Agreement executed by both Parties. b) Budgets: The budget for each Cool Center location (the "2007 Cool Center Program Operational Plan and Budget") is attached hereto as Attachment B (all such budgets shall be referred to collectively as the"Budget"). Contractor may reasonably shift funds between the various itemized cost categories set forth in the I Budget only if Contractor receives prior written approval from the SCE Representative to do so. c) Installment Payments: Contractor shall receive up to four(4) payments over the Term of this Agreement, according to the following schedule: INSTALLMENT DATE TO SUBMIT PERCENTAGE PAYMENT DATE (IF INVOICE TIMELY NUMBER INVOICE OF BUDGET RECEIVED AND APPROVED BY SCE) 1 Upon Effective Date 30% Within ten(10)business days of the Effective of Agreement Date or SCE's receipt of the first invoice (whichever occurs later). 2 August 10, 2007 Up to 30%* August 27, 2007, or upon SCE's approval of Contractor's Monthly Report(s)and the second invoice(whichever occurs later). 3 September 10, 2007 Up to 20%** September 25, 2007,or upon SCE's approval of Contractor's Monthly Report(s)and the second invoice(whichever occurs later). 4 November 1,2007 Subject to the Within 30 calendar days of the true-up of actual true-up of actual reasonable program expenditures and SCE's reasonable approval of the Final Report(s)and final program invoice. expenditures and SCE's approval of the Final Report(s)and 1 I 1 1 final invoice.*** 1 * See limitations in subsections c)(2) below. ** See limitations in subsections c)(3) below. *** See limitations in subsections c)(4) below. ( ..4. 2 .4 e 0 (1) First Installment Payment: SCE shall pay Contractor an initial lump sum payment in the amount of 54,200.00, which is equal to thirty (30) percent of the Budget (the "First Installment Payment"), within 10 business days of (1) the Effective Date of this Agreement or (2) the approval of Contractor's first invoice, whichever occurs later. The first invoice shall be submitted to the SCE Representative and shall describe in detail the Work Contractor will perform using the First Installment Payment. The First Installment Payment may, at SCE's discretion, be issued to Contractor prior to the Operations Start Date, in which case Contractor shall use the First Installment Payment prior to the Operations Start Date only for the following activities: (a) preparing an informational flyer and/or brochure on the Cool Center(s); (b) hiring staff, and to the extent necessary for the start-up of operations, training staff, for each of Contractor's Cool Center locations; (c) procuring insurance, as required by Section 16 herein; and/or (d) purchasing water or other refreshments in bulk. Any other use of such funds prior to the Operations Start Date is strictly prohibited and will be considered a material breach of this Agreement pursuant to Section 20 of this Agreement. On and after the Operations Start Date, Contractor may use the First Installment Payment for all actual reasonable program expenditures incurred in accordance with this Agreement. (2) Second Installment Payment: (a) Contractor shall submit the Monthly Report for the June 2007 and July 2007 Reporting Months (including supporting documentation as required by the Scope of Work) for each Cool Center, and the invoice for the second installment payment ("Second Installment Payment") to the SCE Representative by no later than August 10, 2007. The Second Installment Payment is intended to reimburse Contractor for the actual reasonable expenditures incurred in operating the Cool Centers for the June 2007 and July 2007 Reporting Months (the "June and July Expenditures"), but in no event shall the Second Installment Payment exceed 30 percent of the Budget. (b) During the approval process, SCE shall have the right to require additional documentation to substantiate reasonable expenditures and to delay the Second Installment Payment until reasonable expenditures are adequately documented and approved. Any Monthly Report that SCE deems unsatisfactory for reasons including, but not limited to, incompleteness, illegibility, or use of incorrect format, will be returned to Contractor for revision. Contractor shall have ten business days from the date Contractor receives the unsatisfactory Monthly Report from SCE to revise it and return it to SCE. Failure to revise the Monthly Report in a satisfactory manner or return it to SCE within the allotted ten business days may result in the automatic disallowance of any or all expenditures reported on such Monthly Report. 3 (c) SCE may, in its sole discretion, disallow any expenditure for which there is no supporting documentation. Contractor also understands that any expenditure that is (i) exorbitant or (ii) not reasonably related to the performance of Contractor's obligations under this Agreement, shall be disallowed for reimbursement by SCE. Contractor must seek prior approval from SCE for any expenditure that is not described in the Contractor's 2007 Cool Center Program Operational Plan and Budget. (d) Upon approval, if any, of the June and July Expenditures and the second invoice, SCE shall make the Second Installment Payment in the lesser of either (i) an amount equal to the June and July Expenditures, or(ii) thirty percent of the Budget. (3) Third Installment Payment: (a) Contractor shall submit the Monthly Report for the August 2007 Reporting Month (including supporting documentation as required by the Scope of Work) for each Cool Center, and the invoice for the third installment payment ("Third Installment Payment") to the SCE Representative by no later than September 10, 2007. The Third Installment Payment is intended to reimburse Contractor for the actual reasonable expenditures incurred in operating the Cool Centers for the August 2007 Reporting Month (the "August Expenditures"), but in no event shall the Second Installment Payment exceed 20 percent of the Budget. (b) During the approval process, SCE shall have the right to require additional documentation to substantiate reasonable expenditures and to delay the Third Installment Payment until reasonable expenditures are adequately documented and approved. Any Monthly Report that SCE deems unsatisfactory for reasons including, but not limited to, incompleteness, illegibility, or use of incorrect foiniat, will be returned to Contractor for revision. Contractor shall have ten business days from the date Contractor receives the unsatisfactory Monthly Report from SCE to revise it and return it to SCE. Failure to revise the Monthly Report in a satisfactory manner or return it to SCE within the allotted ten business days may result in the automatic disallowance of any or all expenditures reported on such Monthly Report. (c) SCE may, in its sole discretion, disallow any expenditure for which there is no supporting documentation. Contractor also understands that any expenditure that is (i) exorbitant or (ii) not reasonably related to the performance of Contractor's obligations under this Agreement, shall be disallowed for reimbursement by SCE. Contractor must seek prior approval from SCE for any expenditure that is not described in the Contractor's 2007 Cool Center Program Operational Plan and Budget. (d) Upon approval, if any, of the August Expenditures and the third invoice, SCE shall make the Third Installment Payment in the lesser of 4 either (i) an amount equal to the August Expenditures, or (ii) twenty percent of the Budget. (4) Final Payment: (a) Contractor shall submit the Final Report (including supporting documentation as required by the Scope of Work) for each Cool Center and the invoice for the final installment payment ("Final Payment") to the SCE Representative by no later than November 1, 2007. Contractor shall include with the final invoice a release of all claims to reimbursement for any expenditures not accounted for in the Final Report(s). The Claims Release form is provided as Attachment C. In the event Contractor does not provide SCE with a duly executed Claims Release form for the 2007 Cool Center Program, SCE, in its sole discretion, may refuse Contractor's participation in future Cool Center Programs, if any. (b) The Final Report(s) is subject to the approval process set forth in Sections (3)(b) and (3)(c) above. (c) The Final Payment is intended to reimburse Contractor for actual reasonable program expenditures not reimbursed by the First, Second and Third Installment Payments. The amount of the Final Payment, if any, will be contingent upon the outcome of a true-up process, whereby SCE will review Contractor's supporting documentation for the total actual reasonable program expenditures for each Cool Center, compare such total actual reasonable program expenditures with the estimated expenditures set forth in the Budget, determine amounts paid to Contractor for the First, Second and Third Installment Payments, and determine what amount, if any, remains owing to Contractor under the terms of this Agreement. In no event shall the Final Payment, together with the First Installment Payment, the Second Installment Payment and the Third Installment Payment, exceed the Maximum Aggregate Amount. (d) SCE shall pay Contractor the Final Payment, if any, within 30 calendar days of the true-up of the actual reasonable program expenditures and SCE's approval of the Final Report(s) and final invoice. d) No Other Compensation. Contractor acknowledges and agrees that it is not entitled to any other compensation for the Work performed hereunder. Applications for SCE's California Alternate Rates for Energy (CARE) Program submitted as a result of the Work performed under this Agreement are not subject to the terms and conditions, including fees, of any CARE Capitation Project agreement, if any, between SCE and Contractor. 4. PROGRAM REPRESENTATIVES AND CONTACT INFORMATION The SCE Representative for the Cool Center Program is Pete Zanzot ("SCE Representative"). The Contractor's representative is Denny Sattler ("Contractor Representative"). All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon receipt by the Party to be notified at the address below: 5 Pete Zanzot. Cool Center Program Manager Denny Sattler, Community Services Superintendent Southern California Edison Company Redlands Police Dept., Community Services Div. 6042A N. Irwindale Ave. 111 W. Lugonia Ave. Irwindale, CA 91702 P.O. Box 3005 Phone: 626-633-3057 Redlands, CA 92373 Fax: 626-633-3408 Phone: 909-798-7572, Ext. 8 E-mail: pete.zanzot@sce.com Fax: 909-798-1349 E-mail address: dsattler@redlandspolice.org 5. AMENDMENTS a) SCE shall have the right to modify the Scope of Work, including making additions, reductions or other changes, at any time during the Term of this Agreement upon written notice to Contractor. In the event any addition, reduction or other change to the Scope of Work requires an adjustment to the Budget and/or Maximum Aggregate Amount, the Budget or Maximum Aggregate Amount, as applicable, and Work schedule if required, shall be equitably adjusted in a written amendment to this Agreement executed by both Parties. b) Contractor understands and acknowledges that the Cool Center Program is subject to change and/or cancellation by the Commission at any time. In the event the Commission changes the Cool Center Program such that an amendment to this Agreement becomes, in SCE's reasonable discretion, necessary or desirable, SCE shall have the unilateral right to amend this Agreement without Contractor's consent. Such amendment shall become effective upon written notice served on Contractor. c) Except as set forth in this Section 5, no modification or amendment to this Agreement, nor waiver of any rights under this Agreement, shall be effective unless set forth in a writing signed by both Parties. 6. RECORD KEEPING Contractor shall maintain all records generated in the operation of each Cool Center, as required by the Scope of Work, during the term of this Agreement. Upon completion of the 2007 Cool Center Program, Contractor shall retain all such records until December 31, 2010. 7. AUDIT SCE shall have the right to visit and inspect Contractor's Cool Center facilities, including transportation vehicles, to examine Contractor's books of account and records generated in the performance of the Work, and to discuss the Contractor's affairs, finances, and accounts with Contractor's representatives, all at reasonable times during normal business hours. 8. EVALUATION Contractor shall, at no additional expense to SCE, cooperate with SCE in connection with SCE's evaluation of Contractor's Work, including, but not limited to. making Cool 6 Center staff available to answer SCE evaluators' questions. This Section 8 shall survive the termination or expiration of this Agreement. 9. INDEPENDENT CONTRACTOR SCE and Contractor are acting hereunder as independent contractors and under no circumstances shall any employee of one Party be deemed the employee of the other Party for any purpose. Contractor shall not be considered or deemed to be an agent, employee,joint venturer or partner of SCE or any affiliate of SCE. Contractor shall have no authority to contract for or bind SCE in any manner and shall not represent Contractor as an agent of SCE or as otherwise authorized to act for or on behalf of SCE. 10. SUBCONTRACTING Contractor shall specifically identify to SCE any Work that Contractor has subcontracted to any third party or to any affiliate of SCE (a "Subcontractor"). Contractor shall at all times be responsible for the Work, and shall be liable for any act or omission of any Subcontractor or any director, officer, agent or employee of any Subcontractor. 11. COMPLIANCE WITH PERMITS, STATUTES AND CODES The Contractor shall, in performing the Work, comply with the requirements of all applicable statutes, acts, ordinances, regulations, codes, and standards of federal, state, local and foreign governments and agencies thereof. Contractor shall conform to the applicable employment practices requirements of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable regulations promulgated thereunder. Contractor understands and acknowledges that Contractor is solely responsible for the safety and health of Contractor's personnel. 12. NO ESSENTIAL CUSTOMER STATUS Contractor acknowledges and agrees that Contractor's participation in the Cool Center Program does not create status as an essential customer and does not create an exemption from any rotating outages that may occur. 13. FITNESS FOR DUTY Contractor acknowledges and agrees that each employee of Contractor and any Subcontractor shall, in the performance of any Work hereunder, (a) report for work in a manner fit to do their job; (b) shall not be under the influence of or in possession of any alcoholic beverages or of any controlled substance (except a controlled substance as prescribed by a physician so long as the performance or safety of the Work is not affected thereby); and (c) shall not have been convicted of any serious criminal offense which, by its nature, may have a discernible adverse impact on the business or reputation of SCE. Contractor further acknowledges and agrees that any employee of Contractor or any Subcontractor determined to be in violation of the requirements of this Section shall immediately be removed from the Cool Center locations or any other location where Work is being performed. Contractor's failure to uphold the requirements of this Section may result in the immediate termination of this Agreement pursuant to Section 20 below. 7 14. EMERGENCY PROCEDURES a) Contractor shall establish and maintain at each Cool Center, emergency procedures designed to ensure that in all emergency situations, including those during which life or property are endangered, the highest level of safety may be observed by Cool Center staff and Cool Center participants. b) Contractor acknowledges and agrees that (i) each employee of Contractor and any Subcontractor shall be trained to implement such emergency procedures, and shall implement them in emergency situations, and (ii) each Cool Center shall be equipped in a manner designed to allow for the effective implementation of such emergency procedures. 15. DISPUTE RESOLUTION The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by promptly engaging in negotiations between the SCE Representative and an authorized representative of the Contractor. Any dispute that cannot be so resolved shall be referred to mediation. The mediation shall be facilitated by a mediator that is acceptable to all parties and shall conclude within sixty (60) days of its commencement, unless SCE and Contractor agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator. SCE and Contractor shall enter into a written agreement for the mediation services. The mediation shall be conducted in Los Angeles County, in accordance with the Commercial Mediation Procedures of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each party shall bear its own legal fees and expenses. Notwithstanding the foregoing provisions, either Party may seek a preliminary injunction or other provisional judicial remedy if in such Party's reasonable judgment such action is necessary to avoid irreparable damage or to preserve the status quo. The Parties shall continue to perform their obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. If the Parties, after good faith efforts to mediate a dispute under the terms of this Agreement, cannot agree to a resolution of the dispute, either Party may pursue whatever legal remedies may be available to such party, at law or in equity, before the Commission or a court of competent jurisdiction provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall bear its own legal fees and expenses. 16. INSURANCE a) Maintenance of Insurance: As of the Effective Date, Contractor shall have and maintain, and shall require that each Subcontractor, if any, have and maintain, at all times during the Term of this Agreement, or if a longer period of time is required in the subsection(s) below, for such longer period of time, at their own expense, valid and collectible insurance as required below. This insurance shall not affect or limit Contractor's liability under the indemnity provisions of the "INDEMNITY" Section below, and shall in no event be terminated, expire, nor be materially altered except on thirty (30) days' prior written notice to the SCE Representative. Such insurance shall be maintained with insurers with an A. M. Best Company rating of B VII or better. Any other insurance carried by SCE, its 8 directors, officers, agents, or employees which may be applicable shall be deemed to be excess insurance and Contractor's insurance as well as Subcontractor's insurance, if any, shall be deemed primary for all purposes despite any conflicting provision in any such policy to the contrary. b) Certificates: As evidence that Contractor has the insurance required herein, which does in fact provide the required coverages and limits of insurance listed below and are in full force and effect, Contractor shall furnish to SCE's Representative certificates of insurance on forms acceptable to SCE. Contractor shall require each Subcontractor to provide such certificates to Contractor and shall make these certificates available to SCE upon request. Certificates of insurance shall be furnished and made available to SCE's Representative upon receipt of the Agreement and in any event no later than the commencement of Work under this Agreement. c) Requirements: (1) Workers' Compensation Insurance with statutory limits, as required by the state in which the Work is performed, and Employer's Liability Insurance with limits of not less than 51,000,000. Carriers furnishing such insurance shall be required to waive all rights of subrogation against SCE, its officers, agents, employees, and other contractors and subcontractors. (2) General Liability Insurance, written on an "occurrence" basis, including Broad Form property damage liability and Contractual liability. (a) Such insurance shall bear a combined single limit per occurrence and annual aggregate of not less than 51,000,000, exclusive of defense costs, regarding products and completed operations, and a combined single limit per occurrence and annual aggregate of not less than S1,000,000, exclusive of defense costs, regarding all other coverages. Such insurance shall: (i) Acknowledge SCE, its officers, agents, and employees as additional insureds with respect to Contractor's acts or omissions. (ii) Be primary for all purposes. (iii)Contain standard cross-liability or severability of interest provisions. (b) If Contractor elects, with the concurrence of SCE, a "claims made" form of Commercial General Liability Insurance may be maintained. In such event, the following additional requirements shall apply: (i) The retroactive date of the policy shall be prior to the commencement of the Work. (ii) Coverage shall be maintained in effect for a period of not less than two (2) years after completion of the Work, or a supplemental extended reporting period of not less than two (2) years after completion of the Work shall be included. These requirements shall ensure that such insurance enables SCE to recover for claims reported at any time commencing with the start of Work and continuing to a date not less than two (2) years following completion of the Work. (c) Automobile Bodily Injury and Property Damage Liability Insurance on an "occurrence" form with a combined single limit per occurrence of not less 9 than 51,000.000. Such insurance shall cover liability arising out of the use by Contractor and Subcontractors of owned, non-owned, and hired automobiles in the performance of the Work. Such insurance shall acknowledge SCE as an additional insured and be primary for all purposes. (i) Notification: Contractor shall report immediately to the SCE Representative and confirm in writing any injury, loss, or damage incurred by Contractor or Subcontractors in connection with the Work, or its receipt of notice of any claim by a third party, or of any occurrence that might give rise to a claim. (ii) Maintenance: If any of the required insurance coverages contain aggregate limits applying to other operations of Contractor not relating to the Work, and such limits are diminished by any incident, occurrence, claim, settlement, or judgment against such insurance, Contractor shall take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. (d) Insurance Indemnification: If Contractor fails to comply with any of the provisions of this Section entitled "INSURANCE", Contractor shall, at its own cost, defend, indemnify, and hold harmless SCE, affiliates, successor and assigns, and their respective directors, officers, agents and employees. from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs, including attorneys' fees and expenses, arising out of or in connection with the performance or non-performance of the Work by Contractor or any Subcontractor, or their officers, directors, employees or agents to the extent that SCE would have been protected had Contractor complied with all of the provisions of this Section. 17. INDEMNIFICATION a) Contractor shall, at its own cost, defend, indemnify and hold harmless SCE, its affiliates, successor and assigns, and their respective directors, officers, agents, and employees, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs, including attorneys' fees and expenses (which shall include allocable costs of in-house counsel), resulting from the death of or bodily injury to any person or damage to any property, arising out of any act or omission of Contractor, any Subcontractor, or any of their respective directors, officers, agents or employees in connection with or arising from the performance of this Agreement. b) Contractor shall at its own cost reimburse SCE for any and all costs (including property replacement costs) arising from damage to or loss of property of the Cool Center Program or SCE's property caused by Contractor, any Subcontractor, or any of their respective directors, officers, agents or employees. c) Contractor shall, at its own cost, defend, indemnify and hold harmless SCE, its affiliates, successors and assigns, and their respective directors officers, agents, and employees, from and against any and all liability, including attorneys' fees and expenses (which shall include allocable costs of in-house counsel), resulting 10 1 from the payment or non-payment of any statutory withholding charges. SCE employee benefits or other financial obligations, including but not limited to, overtime, contribution taxes, benefits and penalties payable under Workers' Compensation (including Workers' Compensation Reform Act of 1989), unemployment compensation, disability benefit, old age benefit, or tax withholding laws for which SCE shall be adjudged liable as an employer with respect to Contractor or Contractor personnel, arising out of or in any way related to the relationship between SCE and Contractor pursuant to this Agreement, including the failure of Contractor personnel to be recognized as exclusively employed by Contractor. d) The indemnities set forth in this "INDEMNITY" Section shall not be limited by any provision of the "INSURANCE" Section herein. 18. LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES a) SCE shall not be liable to Contractor for any consequential, indirect, incidental or special damages resulting from performance or nonperformance of the obligations under this Agreement or from the termination of this Agreement. b) SCE shall not be liable for any damages to Contractor unless caused by the sole gross negligence or willful misconduct of SCE. 19. EFFECTIVE DATE AND TERM This Agreement shall commence on the Effective Date and, unless otherwise teiminated as provided in Section 20 herein, will continue thereafter in full force and effect until October 15, 2007, or if longer, until the date of completion of and acceptance by SCE of the Work. 20. TERMINATION a) Termination for Convenience: Notwithstanding any other provisions of this Agreement, SCE shall have the unilateral right to cancel this Agreement at any time upon written notice to Contractor. Such written notice shall not require Contractor's acceptance. Upon a termination for convenience, Contractor shall promptly cease all Work except for any additional Work that SCE may, in its sole discretion, request Contractor to perform. Additional Work shall be performed in compliance with the terms of this Agreement. Contractor shall submit to the SCE Representative a Final Report(s) and a final invoice, which shall be subject to the approval provisions of Section 3 above. SCE reserves the right to negotiate an equitable portion of the fixed price Work performed by Contractor and adjust the Final Payment, if any, accordingly. This Section 20(a) shall be Contractor's sole remedy resulting from termination for convenience. b) Termination for Cause: In the event of: (i) the breach of or failure of Contractor to perform any of its material obligations under this Agreement including, but not limited to, failure to complete the Work on time or failure to make satisfactory progress or persistent failure to pay labor and material claims; or (ii) the failure of Contractor to give SCE adequate assurance of performance within ten working days after written demand by SCE therefore when reasonable grounds for insecurity arise, then SCE may (a) withhold payment of any further monies which 11 may be due Contractor until such condition is cured, and/or (b) declare Contractor to be in breach of this Agreement and notify Contractor in writing of such breach and shall be entitled to terminate this Agreement in whole or in part effective immediately upon written notice thereof. Any tettnination pursuant to this Section 20(b) shall not be deemed a "termination for convenience" as provided for in Section 20(a)hereof. c) Effect of Termination for Cause: (1) Upon receipt of notice of termination for cause, Contractor shall immediately cease all Work and shall surrender to SCE's possession any and all property of the Cool Center Program or SCE, and shall surrender control of the Cool Centers and any equipment, facilities, or other items that the SCE Representative deems necessary or appropriate to the completion of the Work. Contractor shall assign to SCE any outstanding subcontract, agreement or purchase order that the SCE Representative deems necessary or appropriate to the completion of the Work. (2) Contractor shall submit to the SCE Representative a Final Report(s) and a final invoice for Work performed by Contractor, which shall be subject to the approval and true-up provisions of Section 3 above. SCE reserves the right to negotiate an equitable portion of the fixed price Work performed by Contractor, and adjust the Final Payment, if any, accordingly. SCE shall withhold the Final Payment, if any, until SCE completes the Work and determines the total expenses incurred by SCE in completing the Work. (3) If the total expenses incurred by SCE to complete the Work are greater than the sum which would have been payable to Contractor under this Agreement if Contractor had completed the Work, the difference shall constitute a claim of SCE against Contractor. Such claim shall be due and payable within ten (10) business days after presentation of the claim to Contractor. SCE shall have the right to offset such claim against any payment, if any, due to Contractor under this Agreement. Additionally, SCE shall have the right to pursue any other remedy afforded by law. 21. MISCELLANEOUS a) Assignment: Neither this Agreement nor any interest under it shall be assigned without the prior written consent of SCE. b) Governing Law: This Agreement shall be interpreted, governed and construed under the laws of the State of California without regard for conflict of law principles. c) Notices: Any notice permitted or required under the Agreement shall be in writing and sent registered or certified mail, postage prepaid, to SCE or to Contractor, as appropriate, at their respective addresses appearing in Section 4 above. d) Third Parties: Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person or entity other than the Parties and the successor and assigns of the Parties any rights or remedies under, or by reason of, this Agreement. 12 Kt, e) Survival: Notwithstanding the expiration or termination of this Agreement, the Parties shall continue to be bound by any provision of this Agreement, which by its nature is intended to survive such expiration or termination. f) Waivers: No waiver by either Party of any provision of this Agreement shall be effective unless set forth in a writing duly executed by the Parties, and shall not be construed as, or constitute, a continuing waiver of such provisions, or waiver of any other violation of, breach of or default under any other provision of the Agreement. g) Entire Agreement: This Agreement contains the entire agreement and understanding between the Parties relating to the subject matter herein and merges and supersedes all prior representations and discussions between the Parties. 22. REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party's obligations hereunder have been duly authorized, and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. IN WITNESS WHEREOF, the undersigned have executed this Agreement to be effective as of the date first referenced above. CONTRACTOR: Redlands Community Senior Center By: j7/-1-4471 Attest: J-1 ,y ayor Lor e Poyze iffy Clerk Nai - Printed: Jon Harrison Title: Mayor Date: July 17, 2007 SOUTHERN CALIFO IA ED SON COMPANY, a Californ`. corpi atio By: Name Printe, "diFt, Title: \ .1"; 1/1/‘ Date: 4:,( "2-7( 7 13 ATTACHMENT A Scope of Work 14 Agreement- Attachment A 2007 COOL CENTER PROGRAM SCOPE OF WORK Redlands Community Senior Center("Contractor") shall operate a Cool Center at the following location (a"Cool Center"): Redlands Community Senior Center, 111 W. Lugonia Ave., Redlands, CA 92373 In the performance of its obligations under the Agreement, Contractor shall, with respect to the Cool Center listed above, perform the following work: A. General Operations: 1. Operate the Cool Centers from June 1, 2007, through October 15, 2007 ("Operating Period"). The Cool Centers shall be open Monday through Friday during the hours of 10 a.m. to 5 p.m. These are the minimum hours of operation for each Cool Center. 2. Use reasonable efforts to target (i) low-income, (ii) seniors, and (iii) disabled persons ("Target Population"). Reasonable efforts to target the population include, but are not limited to, those activities set forth in Section B below. 3. Admit any person who wishes to use the Cool Center for its intended purposes (a "Participant" or collectively"Participants") regardless of such person's age, gender, race, religion, ethnicity, or sexual orientation. 4. Keep the Cool Center air-conditioned during the Operating Period from Monday through Friday during the hours of 10 a.m. to 5 p.m. Contractor shall keep the Cool Center clean and in safe condition. Contractor shall ensure that drinking water is available for all Participants. 5. Take reasonable steps to ensure that parking is available to those Participants who drive to the Cool Center. 6. Establish and maintain during the Operation Period procedures to be followed by staff and Participants in the event of an emergency. Such procedures should reflect the highest level of care that can be taken in an emergency situation. 7. All Cool Center sites shall be wheelchair accessible. Scope of Work Agreement—Attachment A 2007 Cool Center Program Page 2 of 4 B. Marketing and Public Awareness: 1. Inform local community-based organizations, local government agencies, senior agencies, and other organizations that serve the needs of the Target Population about the Cool Centers so that these organizations may refer members of the Target Population to the Cool Centers. 2. Use its best efforts to promote the Cool Centers on one or more local radio stations through the use of radio public service announcements. Contractor shall submit the script(s) for any public service announcement to SCE for prior approval before it is aired. 3. Prepare an information flyer and/or brochure about the Cool Center(s) to inform the Target Population about the Cool Center(s). Contractor shall submit a proof copy of any informational flyer and/or brochure to SCE for prior approval before distribution. Contractor shall distribute copies of such information flyer and/or brochure in a manner reasonably calculated to reach the Target Population. These efforts may include, without limitation. (i) direct mail, (ii) distribution to local community-based organizations, local government agencies, local businesses, and other organizations, and/or(iii) handing them out to Participants. C. Education/Distribution of Information I. Provide energy efficiency education to Participants. Contractor is responsible for requesting written energy efficiency materials from SCE and maintaining an adequate supply so as to ensure that each Participant can receive such materials during the Operating Period. 2. Assist Participants in reading their energy bills, as necessary. 3. Conduct daily workshops at the Cool Center to inform Participants about the California Alternative Rates for Energy (CARE) program and SCE's Energy Management Assistance(EMA)program, assist Participants in determining whether they are eligible to participate in the SCE CARE/EMA programs and, if so, assist in completing and mailing a CARE application. Customers eligible for SCE's EMA program will be referred directly to SCE to receive services. Contractor shall identify any CARE application submitted to SCE as a result of the work performed under the Agreement by placing Contractor's Source Code("Source Code") on such application. Contractor's Source Code is 1070-1020. D. Tracking and Reporting 1. Utilize the sign-in sheet attached hereto as Exhibit A ("Sign-in Sheet") to track Participants for each calendar month of operation (a "Reporting Month"). Contractor shall provide to SCE a copy of the Sign-in Sheet for each Reporting Month no later than ko, 'Scope of Work Agreement—Attachment A • 2007 Cool Center Program f-41 Page 3 of 4 the tenth business day of the calendar month following such Reporting Month. te Contractor shall take reasonable steps to ensure that each Participant signs and accurately completes all of the information requested on the Sign-in Sheet upon each visit to the Cool Center. 2. Track all referrals provided to other low-income and/or LIHEAP programs and include this tracked referral data in the Contractor's Monthly Report (defined below). 3. Track the energy efficiency workshops and CARE workshops held in each Reporting Month, and include such data in the Monthly Report(defined below) for such Reporting Month. 4. Maintain supporting documentation for all expenditures related to the Cool Center operations for each Reporting Month and include such supporting documentation in the Monthly Report (defined below) for such Reporting Month. SCE may, in its sole discretion, disallow any expenditure for which there is no supporting documentation. Contractor also understands that any expenditure that is (i) exorbitant or(ii)not reasonably related to the performance of Contractor's obligations under the Agreement, may be disallowed for reimbursement by SCE. Contractor must seek prior approval from SCE for any expenditure that is not described in the Contractor's 2007 Cool Center Operational Plan and Budget. 5. Prepare an accurate report of the Cool Center operations for each Reporting Month, utilizing the monthly report format attached hereto as Exhibit B ("Monthly Report"), and provide such Monthly Report to SCE by no later than the tenth business day of the calendar month following such Reporting Month. Failure to submit a Monthly Report by its due date may result in additional funding delays. SCE may, in its sole discretion, refuse to accept any Monthly Report provided more than ten days after its due date, in which case any and all expenditures reported thereon will automatically be disallowed. Any Monthly Report that SCE deems unsatisfactory for reasons including, but not limited to, incompleteness, illegibility or use of incorrect format, will be returned to Contractor for revision. Contractor shall have ten (10)business days from the date Contractor receives the unsatisfactory Monthly Report from SCE to revise it and return it to SCE. Failure to revise the Monthly Report in a satisfactory manner or return it to SCE within the allotted 10 business days may result in the automatic disallowance of any or all expenditures reported on such Monthly Report. 6. Prepare a final report for each Cool Center utilizing the final report format attached hereto as Exhibit C ("Final Report"),and provide such Final Report to SCE by no later than November 1, 2007. SCE may, in its sole discretion, refuse to accept the Final Report if provided after its due date, in which case any and all expenditures reported thereon will automatically be disallowed. If SCE deems the Final Report unsatisfactory for reasons including,but not limited to, incompleteness, illegibility or use of incorrect format, it will be returned to Contractor for revision. Contractor shall have ten(10) 'Scope of Work Agreement— Attachment A 2007 Cool Center Program Page 4 of 4 0 business days from the date Contractor receives the unsatisfactory Final Report from SCE to revise it and return it to SCE. Failure to revise the Final Report in a satisfactory manner or return it to SCE within the allotted 10 business days may result in the automatic disallowance of any or all expenditures reported on such Final Report. E. Transportation: 1. Provide transportation as follows: Contractor shall obtain and distribute bus passes to Participants who (i) are members of the Target Population, (ii) require transportation to and/or from the Cool Center, and (iii) can reasonably be expected to use the bus for such transportation. The bus passes should be valid for the Operating Period, but should not be valid for any substantial period beyond the Operating Period. For Participants who (i) are members of the Target Population and (ii) require transportation to and/or from the Cool Center but cannot reasonably be expected to use the bus, Contractor must provide car and/or van service to transport such Participants to and from the Cool Center as needed. Contractor shall not provide transportation to any Participant who does not meet the requirements set forth in this paragraph without prior approval from SCE. 2. Use its best efforts to encourage and organize ride-sharing among Participants. 3. Maintain each vehicle, if any, used by Contractor to transport Participants in safe operating condition during the Operating Period. Such vehicle(s) must be equipped to accommodate passengers for transportation purposes, including, but not limited to, having a seat belt available for each passenger, and must be covered by insurance as set forth in section F.2. below. 4. Ensure that any person employed by Contractor to operate a vehicle used to transport Participants (i) meet the "Fitness for Duty" requirements of the 2007 Cool Center Program Agreement, (ii) have and maintain a valid California Driver's License to operate such vehicle, and (iii)have and maintain a safe driving record at all times during the Operating Period. F. Insurance 1. Maintain insurance on the Cool Center operations during the Operating Period in accordance with the requirements of Section 16 of the 2007 Cool Center Program Agreement. Contractor must provide SCE a proof of insurance coverage for the Cool Center prior to beginning Cool Center operations. 2. Maintain insurance on each vehicle, if any, used by Contractor to transport Participants to and from the Cool Center during the Operating Period in accordance with the requirements of Section 16 of the 2007 Cool Center Prop-am Agreement. Contractor must provide SCE proof of the insurance coverage for a vehicle prior to using such vehicle to transport Participants to and from the Cool Center. 014 0.0 2007 Cool Center Program Scope of Work— Exhibit A Sign-In Sheet 4A 000, Contractor: Cool Center: • {h, Date: ,2007 Total Number of Attendees: ,g4 Do you have an I left my air air-conditioner in I turned off my conditioner on but I your home? air-conditioner set my thermostat to Address Telephone before coming to a higher temperature No. Name (Yes or No) (Street, City, Zip Code) Number the Cool Center. before coming to the Cool Center. If Yes,please answer these (Yes or No) statements 4 (Yes or No) Page of iteNEMetimarammsa,,.,0- ., Scope of Work— Exhibit B 2007 Cool Center Program Monthly Report Reporting Month: 2007 Contractor: Cool Center: Program Participation Average number of attendees per month prior to establishing Cool Center Number of attendees for the reporting month Number of repeat attendees for the reporting month Number of attendees who required transportation for the reporting month Program Referrals Please identify the number of referrals made to the following programs for the reporting month: Energy Management Assistance (EMA) California Alternate Rates for Energy (CARE) Low Income Home Energy Assistance Program (LIHEAP) Budget Summary Total Expenditures for Reporting Month $ Total Budget Total Expenditures to Date Total Remaining Budget Pete Zanzot 2007 Cool Center Monthly Report Template 0521074oc ;;--; 2006 Cool Center Program Monthly Report Scope of Work—Exhibit B 13 Page 2 rx. i Reporting Month: 2007 I', Contractor: Cool Center: Labor Expenses Total Dates Staff Person Staff Position Hours Tasks Performed Expense Worked Worked $ $ $ I i $ 1 I1 1 I i i , , 1 I i I 1 I I Total ! $ 1 , i I , i iPete Zanzot I 2007 Cool Center Monthly Report Template 052107 doc f r tIza WM EU ati `2006 Cool Center Program Monthly Report r Page 3 Scope of Work —Exhibit B wl iv Report Month• 2007 Contractor: Cool Center: Description of Incremental Budget Expenditures Expenditures Category Incremental costs,where noted,are those costs for Total Expenditures Total that would not have been incurred by the Reporting Budget To Date Remaining Agency in the absence of the Cool Center. Month Budget Incremental costs for the following:janitorial, general liability insurance,office supplies,rent, bookkeeping,photocopying,management or administrative oversight personnel(not directly involved with providing Cool Center.services), Administrative and other miscellaneous administrative expenses. Exclusions:Ca ital items such as but not limit to furniture a liances corn uters and peripherals and electronic entertainment ur mens are not covered by this oro m Incr_ em_ental electricity costs associated with Utilities Cool Center activities. Incremental items associated with Cool Center activities such as crafts and games. Supplies Printing and distribution of informational flyers,brochures,banners,etc.,for use in providing outreach for the Cool Center; educational workshops or other assistance to inform Cool Center participants about energy efficiency and low-income programs. Outreach/ Note;SCE will provide materials concerning Education its other energy efficiency and low-income programs for distribution to Cool Center participants. Pete Zanzot 2007 Cool Center Monthly Report Template 052107.doc `2006 Cool Center Program Monthly Report Scope of Work— Exhibit B Page 4 y* Description of Incremental Expenditures Expenditures Total Budget for Total Expenditures Remaining Category Incremental costs,where noted,are those costs Reporting Budget To Date that would not have been incurred by the Month g Budget Agency in the absence of the Cool Center. Bus passes,vehicle rental,and fuel costs, insurance,and maintenance to provide transportation for the target population only. Exclusions:Costs to transport participants who Transportation are not members of the target population(low- $ $ $ $ income,seniors,and disabled persons)or to pay for non-Cool Center vehicle operation,and mileage associated with rental vehicles(unless charges are included in the rental contract),are not covered by this program. Incremental compensation for existing staff members to provide direct support of Cool Center activities;and/or full compensation for 1-2 new staff persons dedicated to activities. Costs can include payroll taxes,workers compensation costs,etc. Exclusions: Costs for management or Personnel/Staff administrativepersonnel not directly involved $ $ $ $ with providing Cool Center services,but who provide incremental administrative or oversight services that would not be required but for the Cool Center,should be included under the "Administrative"category;charges for volunteer personnel are not covered by this program. Incremental costs for the following: bottled water,coffee,tea,punch,cookies,crackers, pretzels,or other light snacks. Refreshments Exclusions:,Food purchases that could be $ $ $ $ construed as an effort to provide full meals for participants are not covered by this program. Total $ $ $ $ Pete Zanzot 2007 Cool Center Monthly Report Template 052107.doc 2006 Cool Center Program Monthly Report Scope of Work— Exhibit B Page 5 Administration Attach Documentation Behind This Sheet Pete Zanzot 2007 Cool Center Monthly Report Template 052107.doc 2006 Cool Center Program MonthlyReport Scope of Work— Exhibit B Page 6 Utilities Attach Documentation Behind Th . Sheet Pete Zanzot 2007 Cool Center Monthly Report Template 052107,doc 2006 Cool Center Program Monthly Report Scope of Work— Exhibit B Page 7 Supplies Attach Documentation Behind This Sheet Pete Zanzot 2007 Cool Center Monthly Report Template 052107,doe 2006 Cool Center Program Monthly Report Scope of Work—Exhibit B Page 8 Outreach/Education Attach Documentation Behind This Sheet Pete Zanzot 2007 Cool Center Monthly Report Template 052107.doe 2006 Cool Center Program Monthly Report Scope of Work—Exhibit B Page 9 V Transportation Attach Documentation Behind Th . Sheet Pete Zanzot 2007 Cool Center!vlonthly Report Template 052107.doe 2006 Cool Center Program Monthly Report Scope of Work— Exhibit B Page 10 Personnel/Staff Attach Documentation Behind This Sheet Pete Zanzot 2007 Cool Center Monthly Report Template 052107,doc 2006 Cool Center Program Monthly Report Scope of Work— Exhibit B Page 11 Refreshments Attach Documentation Behind This Sheet Pete Zanzot 2007 Cool Center Monthly Report Template 052107.doc Scope of Work— Exhibit C 2007 Cool Center Program Final Report Reporting Period: June 1, 2007 through October 15,2007 Contractor: Cool Center: Program Participation Average number of attendees per month prior to establishing Cool Center Number of attendees for the reporting period Number of repeat attendees for the reporting period Number of attendees who required transportation for the reporting period Program Referrals Please identify the number of referrals made to the following programs for the reporting period: Energy Management Assistance (EMA) California Alternate Rates for Energy (CARE) Low Income Home Energy Assistance Program(LIHEAP) Budget Summary Total Budget Total Expenditures for the reporting period $ Total Remaining Budget Pete Zanzot 2007 Cool Center Final Report Template 052107 doc 2007 Cool Center Program Final Report Scope of Work—Exhibit C Page 2 Reporting Period: June 1, 2007 through October 31, 2007 Contractor: Cool Center: Labor Expenses for the reporting period: Total Staff Person Staff Position Hours Dates Tasks Performed Expense Worked Worked $ 1 11 Total S 2007 Cool Center Program Final Report Scope of Work— Exhibit C Page 3 Reporting Period: June 1, 2007 through October 31, 2007 Contractor: Cool Center: Description of Incremental Expenditures Total Budget Total Expenditures Remaining Variance Category Incremental costs,where noted,are those costs Budget To Date Budget that would not have been incurred by the Agency in the absence of the Cool Center. Incremental costs for the following:janitorial, general liability insurance,office supplies,rent, bookkeeping,photocopying,management or administrative oversight personnel(not directly involved with providing Cool Center services), Administrative and other miscellaneous administrative expenses. Exclusions:Capital items such as,but not limited to,furniture,appliances,computers and peripherals,and electronic entertainment equipment,are not covered by this program. Please explain the reason(s)for any variance: Incremental electricity costs associated with Utilities Cool Center activities. Please explain the reason(s)for any variance: Incremental items associated with Cool Center activities such as crafts and games. Supplies 2007 Cool Center Program Final Report Scope of Work— Exhibit C Page 4 Description of Incremental Expenditures Total Budget Total Expenditures Remaining Variance Category Incremental costs,where noted,are those costs Budget To Date Bu" that would not have been incurred by the g Agency in the absence of the Cool Center. Please explain the reason(s)for any variance: Printing and distribution of informational flyers,brochures,banners,etc.,for use in providing outreach for the Cool Center; educational workshops or other assistance to Outreach/ inform Cool Center participants about energy Education efficiency and low-income programs. Note: SCE will provide materials concerning its other energy efficiency and low-income programs for distribution to Cool Center participants. Please explain the reason(s)for any variance: Bus passes,vehicle rental,and fuel costs, insurance,and maintenance to provide transportation for the target population only. Exclusions:Costs to transport participants who Transportation are not members of the target population(low- $ $ $ $ income,seniors,and disabled persons)or to pay for non-Cool Center vehicle operation,and mileage associated with rental vehicles(unless charges are included in the rental contract),are not covered by this program. Please explain the reason(s)for any variance: 2007 Cool Center Program Final Report Scope of Work—Exhibit C Page 5 Description of Incremental Total Expenditures Total Expenditures Remaining Variance Budget Budget Category Incremental costs,where noted,are those costs Budget To Date that would not have been incurred by the Agency in the absence of the Cool Center. Incremen compensation for existing staff members to provide direct support of Cool Center activities;and/or full compensation for 1-2 new staff persons dedicated to activities. Costs can include payroll taxes,workers compensation costs,etc. Exclusions Costs for manaeement or $ $ $ $ Personnel/Staff administrative •- onnel not directl involved with .rovidin:Cool Center services but who •rovide incremental administrative or oversi:ht services that would not be r•• ired but for the Cool Center should be included under the "Administrative"cate•o •char es for volunteer e •nnel are not covered b this ro Please explain the reason(s)for any variance: Incremental costs for the following: bottled water,coffee,tea,punch,cookies,crackers, pretzels,or other light snacks. $ $ Refreshments Exclusions:Food •urchases that could be ------ construed as an effort to •rovide full meals for •artici.ants are not covered b this •ro• •m. Please explain the reason(s)for any variance: Total $ $ — $ — $ 2007 Cool Center Program Final Report Scope of Work—Exhibit C Page 6 Comments: ATTACHMENT B 2007 Cool Center Operational Plan and Budget 15 w ..w..._ _ _ f_ Mw_. ,n_ w l . 2007 Cool Center Program Operational Plan and Budget Contractor: City of Redlands Police Department Cool Center: Redlands Community Senior Center Prepared by: Linda Stowell/Denny Sattler Date 7/1.7/2007—10/15/2007 Title: Rec Coord/Superintendent Daily Weekly Monthly Estimated Number of Participants to be Served 75 375 1575 DeseriPtion of Incremental Expenditures Budget Additional Information Budget Amount Category Incremental costs,where noted,are those costs#hat would not have been incurred by the Agency in the absence of the Cool Center. Incremental costs for the following:janitorial,general liability Percentage of budget for this category: insurance,office supplies,rent,bookkeeping,photocopying, management or administrative oversight personnel(not directly involved with providing Cool Center services),and other miscellaneous so RecreationnKind- envision of CoolLindStowe administrative expenses. Exclusions:Capital items such as,but not limited to,furniture, appliances,computers and peripherals,and electronic entertainment equipment,are not covered by this program. Percentage of total electricity costs Electricity costs associated with Cool Center activities. associated with Cool Center activities: Sp Paid by City Utilities Items associated with Cool Center activities such as crafts and games. Items planned for purchase: Craft Supplies Special Event Supplies/decorations, $2,000.00 games,movies,bingo prizes Supplies Paper Goods Janitorial Supplies 2007 Cool Center Operational Plan and Budget Page 2 r.iescription of Incremental Expenditures Budget Budget Additional Information Category Incremental eons,where Hated.are those dusts thtit would rzat have Amount been incurred by the Agency in the absence of the Cool Center. Methods of outreach to be used: Printing and distribution of informational flyers,brochures,banners, etc.,for use in providing outreach for the Cool Center;educational workshops or other assistance to inform Cool Center participants about Banner energy efficiency and low-income programs. Note:SCE will provide materials concerning its other energy efficiency Flyers Outreach/ and low-income programs for distribution to Cool Center participants. $2 Brochures Education Newsletters Press Releases Newspaper Ad Approximate amount you will spend for Bus passes,vehicle rental,and fuel costs,insurance,and maintenance each ox: to provide transportation for the target population only. Exclusions:Costs to transport participants who are not members of the Bus passes:$1000.00 target population(low-income,seniors,and disabled persons)or to pay for non-Cool Center vehicle operation,and mileage associated with Vehicle rental: rental vehicles(unless charges are included in the rental contract),are not covered by this program. 000.00 Transportation $1' Fuel: Bodily injury and property damage insurance: Maintenance: Number of employees duectty Incremental compensation for existing staff members to provide direct supporting Cool Center irectlyies for this support of Cool Center activities;and/or full compensation for 1-2 new site: staff persons dedicated to activities. Costs can include payroll taxes, workers compensation costs,etc. Exclusions:Costs for management or administrative personnel not Bus Driver:'Transportation of Senior directly involved with providing Cool Center services,but who provide $6526 80 Citizens to Cool Center activities Personnel/Staff incremental administrative or oversight services that would not be In kind!Senior Center Staff required but for the Cool enter,should be included under the "Administrative"category:charges for volunteer personnel are not covered by this program. 2007 Cool Center Operational Plan and Budget Page 3 Description of Incremental Expenditures Budget Bu Additional information Cat dget ory incremental costs,where noted,are those costs that would not have Atuaunt been incurred by the Agency in the absence of the Cool Center. Incremental costs for the following: bottled water,coffee,tea,punch, Type of refreshments to be provided: cookies,crackers,pretzels,or other light snacks. Bottled water,fresh fruit&veggies, Exclusions:Food purchases that could be construed as an effort to appetizers,cheese&crackers,bagel& provide full meals for participants are not covered by this program. cream cheese,lemonade,fruit juice, chips,cookies,pizza,tea,coffee,soda, Refreshments $2,473.20 ice cream,ice cream toppings, Total $14,000.00 Additional Comments: ATTACHMENT C 2007 Cool Center Claims Release Form 16 Agreement- Attachment C 2007 Cool Center Program Claims Release The final invoice submitted to Southern California Edison Company("SCE")by (Contractor Name) in the amount of$ constitutes (Contractor Name) final claim for reimbursement for expenditures incurred from the operation of Cool Centers under the 2007 Cool Center Program. sement of (Contractor Name)releases SCE fr°m any of Cool Centers undeher claim for r1ther2007 Cool Center expenditures incurred from the operation Program. By: Date: Name: Title: Pete Zanzot Claims Release-2007 051807.doc