UTILITIES WE CARE FUND AGREEMENT
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City of Clearwater
Utilities We Care Fund
Agreement with
The Salvation Army A GEORGIA CORPORATION
This Agreement is made and entered into this d5<< day of ~' I 2CLJS"
between the City of Clearwater, a municipal corporation of the State of Flonda, whose
mailing address is P.O. Box4748~ Clearwater, Florida 33758-4748 hereinafter referred to
as "City", andH&fAL~AT~~t~~ti~~O~~;o~ATW~fP_'i>rofit corporation of the State of Georgia,
whose address is 1424 NE Expressway N.E., Atlanta, Georgia 30329 hereinafter referred
to as the "Agency".
Witnesseth
WHEREAS, it has been determined highly desirable and socially responsible to
provide a source of funds to City utilities customers in temporary emergency need of
financial assistance in paying their utility bills; and
WHEREAS, the City Utilities We Care Fund, hereinafter referred to as the
"Fund", has been created to allow donations by utilities customers of the City to a fund
for those who may need such temporary assistance; and
WHEREAS, the Agency now provides the professional capability for
administering social service programs for those in need of assistance in paying utility
bills and desires to provide further assistance in paying for utilities supplied by the City;
NOW THEREFORE, the parties agree as follows:
ARTICLE I. PERIOD
This Agreement shall be for an initial period of 12 months commencing on the ~ of
(] ~ I zooS- and continuing through the ~ day of Q..pk i.f I 20~ , unless
~ed earlier under the terms of this Agreement. After the initial period, this
Agreement shall continue on a year-to-year basis, unless terminated earlier by either
party under the terms of this Agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided. The Agency, for its part, shall administer temporary
emergency payment of past due City utilities bills for eligible customers of the City
Utilities System.
2. Eligibility for Assistance. Recipients of Fund monies must be residential customers
of the City Utilities System as verified by the Agency. A customer will generally be
eligible to receive assistance only one time per calendar year with a maximum
amount of assistance of $100.00. The maximum amount of such assistance may be
changed from time to time with the written consent of each party. Fund monies shall
-~ not be used to pay deposits for utility serv~ces.'
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3. Disbursement of Funds. Disbursements shall be made by the Agency by check
payable to the City of Clearwater. All utilities services including applicable fees and
taxes charged on the customer's City Utilities bill shall be eligible for payment. The
Agency shall provide each City utilities customer to whom it has agreed to provide
assistance through the Fund, a voucher that states: Name of customer/recipient;
Address of recipient; City Utilities Account Number of recipient; Amount of Fund
assistance approved; Date of approval; Signature and Title of authorized Agency
employee appro,:,ing the assistance. The Utility customer shall present the approved
voucher to City Customer Service. City Customer Service will accept and apply the
voucher to recipient's account and forestall collection action against said account.
The Agency shall compile information related to all vouchers of assistance and remit
a check to the City on the first of each month representing the total of all vouchers
issued the previous month.
4. Charges to the Fund. Disbursements for assistance shall be charged to or deducted
from the Fund in the form of the monthly payment to the City as described above.
Administrative charges in an amount not to exceed ten percent of the monetary
amount of each voucher of assistance to qualified recipients may be charged by the
Agency to the Fund. Such administrative charges are to partially defray costs
incurred by the Agency in processing the requests for assistance.
5. Reports of Fund Activity. The Agency shall provide a monthly report of Fund
activity to the City of Clearwater Director of Customer Service. Reports shall be
received by the City no later than fifteen days after the last day of the month. Reports
shall include: Beginning Fund balance; Name of recipient; Address of recipient;
Clearwater Utilities Account Number of recipient; Amount of Fund assistance
approved; Approval date; Total of Administrative charges; Ending Fund balance.
6. Retention of Records. The Agency shall maintain books, records, documents and
other evidence which accurately reflect Fund activity according to generally accepted
accounting principles and practices. Such records shall be subject to inspection,
review or audit at all times by personnel duly authorized by the City. City shall
provide reasonable notice of any such inspection.
7. Proof of Tax Exempt Status. The Agency shall provide to the City proof of its tax"
exempt status at the time this Agreement is executed.
rGSCllMnded
8. Civil Rights Act of 1964' and Other Applicable Law. In the operation of this
Agreemen~gency shall comply with all provisions of the Civil Rights Act of
1964,rrn~iiait1:gTitles VI and VII. Agency hereby warrants that it will comply with
applicable law, including but not limited to statutes, ordinances, rules, orders,
regulations, and requirements of federal, state, county, and city governments and their
respective agencies.
-9. Indemnification and Insurance. The Agency shall act as an independent contractor in
providing the services contained in this Agreement. The Agency shall be liable for,
and shall indemnify, defend and hold the City harmless, for all claims, suits,
judgments or damages alising from the provision of the services described in this
Agreement dUling the period in which this Agreement is in effect, and shall provide
insurance coverage at its own expense.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Provision of Funds. The City, for its part, shall provide an annual contribution of
Six Thousand Dollars ($6,000) or such other amount as is approved by the City in
accordance with its annual budgetary process. In addition, the City shall provide
monies collected through the Utilities We Care Fund on a monthly basis to the
Agency as such monies are received by the City.
2. Promotion of the Utilities We Care Fund. Creation, execution, and costs
attendant to activities promoting the fund and soliciting contributions to the Fund
are responsibilities of the City. Informational material may be made available to
the Agency at the Agency's request.
3. Assurance of Assistance. The City shall conduct periodic Agency site visits and
inspections or audits of Agency Fund records to ensure that assistance provided
with Fund monies is performed in accordance with the provisions of this
Agreement.
ARTICLE IV. TERMINATION AND EXPIRATION
1. Without Cause. This Agreement may be terminated, with or without cause, by
either party provided that no less than thirty (30) days' written notice is provided
to the other party.
2. With Cause. Failure to adhere to any of the provisions of this Agreement in
material respect shall constitute cause for immediate termination of this
Agreement.
3. Disposition of Fund Monies. In the event of termination for any reason or
expiration of this Agreement, monies belonging to the Fund shall be returned to
the City for disposition in accordance with Fund objectives.
ARTICLE V. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date that such notice
is hand-delivered to such party at the address indicated below (or at such address as such
party shall specify to the other party in writing), or if sent by registered or certified mail
(postage prepaid) on the fifth (5th) business day after the day on which such notice is
mailed and properly addressed.
1. If to the Agency, addressed to:
Executive Director,
The Salvation Army
P.O. Box 8070
2. If to the City, addressed to:
Clearwater, FL 33758-8070
City Manager,
City of Clearwater
P.O. Box 4748
IN WITNESS WHEREOF, the parties hereto have caused this Agreernentto be
executed on the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
~~I(~: tO~/~
V. Hibbard . William B. Home, II
Mayor City Manager
Approved as to form:
Attest:
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. Lipowski, Esq."
~ City Attorney
"jnternaIR~ve~r:ie service
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. DejJartriient oHhe Ire~~tiISl'
P; O. Box 25DB
Cincinnati, QH 45201
Date:, December 6,2002
Person to Contact:
Tonya Martin 31-07387
Customer Service Represerrtatlve
Toll Free Telephone Number:
B:OO a.rn. to 6:30 p;m. eST
, 877-829-5500
Fax: Numbe,.:
513-283-3756
Federal 'Identification Number:
58-0860807
Salvation Army
1424 Nol-theast Expressway NE
Atlanta, GA 30329-2018
Dear Sir or Madam':
This is In response to your telephone call requesting a copy of your organlzaUon's detarmlnatlo~ letter. This
will take the place of the copy you requested. .
In October 1955 we 'Issued a determination letter that recognized your organization as eXempt !rom fedaral
income tax under section 501 (c)(3) of the Internal Revenue Code. That letter 15 still In effect ,
We qlE1ss!fled your organization as one that is not a private foundation !"i1hln the meanIng crf section 509(a) of
the-did~'b~cause It Is.an:organlzatJon described In sections 509(a)(1) and 170(b)(1)(A)(I). This classification'
was based on me assumption that your organIZation's operations would continue as stated In'your application.
If your sources of support, character, method of operations, or purposes have changed, please iet us Imow so
we tan consider the effect of the change on your organization's exempt and foundation Status.
All exempt organizations (unless specifically excluded) ara lIe!)le for taxes under the Federal Insurance
Contributions Act (social security taxes) on remuneration of $1 00 or mora paid each employee dUring a
calendar year: Your organIzation Is not liable. for the tax Imposed under the Federal Unemployment Tax Act
(FUTA),
If your organization is a churoh or a qualified church-controlled organization as defined In section 312'f(w)(3}
of the Code, It mey elect to exclude wages paid to Its.employees (other than far'ser:vlcas performed ln an
unrelated trade or business) far social security taxas. This elect!on must be made byflllng Form 8274. by the
day before the date the organization's first quarteriy employment tax retum would be due under the revised
. law.' If your organization makes this election, Its employees who eem $100 or more' dUring a calendar year'
became /lable for the payment of the self-emplOyment tax on the wages the organization pays them.
Donors may deduct contributions to your organization as prOvided in section 170 of tI,e Code. Bequests,
legacies. devises, transfens, or ,glfls to your organization or for Its use are deductible for federal estate and gift
tax purposes If they meet the a~p/lcable proVisions of section!l. 2055, 2108, and 2522 of the Code.
Your organization Is not required to file federal Income tax retums unless It Is subject to the tax on unrelated
business' Income under section 511 cfthe Code; If your organization Is subJact to this tax, It must file an
Inc:ome taX raturn on the Form 990-T, Exempt Organization Buslness.lncome Tax Return. In this letter, we al"!?
not determining whether any of your organization's present or proposed activities are unrelated trade or
business 85 defined In section 513 aftha Code.
,Organizations that are not privata foundations are not subject to the ~Ise taxes under Chapter 42 of the
Code. However, ij,ese orgenlzations era not atrtornatlcaJJy exempt from other federal axcl~e taxes. '
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The law requires you to make available for publlc'lnspection -a copy Of Your organIZation's ~;.olft!on
, application, any Sl,lpporti~g documents and the exemption latter to any Individual ~o requests ~uch ,
. dcrcumentsln person or In,wrltlng. You can charge only s reasonable fee for reproduction and actLial postage
costs for the copied matena/s. The law does not require you to provide copies of public Inspection documents
that are widely available, such as by posting them cn1he Internet (World Wlde We~). You may be liable for a
penalty of $20 a day for eech day you do not make ~ese documents available for publIc Inspectlon.
Because this letter could help resolve questlone about your organlzatl~n's exempt status arid foundation
status, you shOUld keep it with tI'e ol1!anIzatlon's permanent recofds. '.'.. ,
If you have any questions, please call us at the telephcna ~umb~r shown In the heading of this letter.
This letter affirms your organization's exempt status.
Sincerely,
g~~~
John E. Ricketts, Director, TElGE
Customer Account Services
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THE SAL V ATlON ARMY POLICY STATEMENT
ON RELA TTONSmPS WITH OTR"F.R GROUPS AND ORGANTZA TIONS
The Salvation Army in the United States work:s cooperatively with many groups _
governmental, social. service, civic, religious. business. humanitarian, educational,
health, character building. and other groups - in the pursuit of its mission to preach the
Christian Gospel and meet hnl1JlIn need.
Any agency. governm.eubU or private, wbich,enters into a contractlial or cooperative
relatioDSbip with The. Salvation AImy. ~uJd be advised that:
1. The Salvation Army is an intcmatiooal religious and charitable movement,
organized an4 operated on a quasi-mijitary pattern, and is a branch of the
Christian church.
2. All programs of1hc Salvation Army ue administered by Salvation Army
Oflic~, who are ministers of the Gospel.
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3. The motiVation of the organization is love of God and a practical concern
for the needs ofhumaDity.
4. The Salvation Army's provision offood, shelter, health services. counseling,
and other physical, social,' cmotiooal, psychological and spiritual aid. is
given on the basis of nccd, a~le ~urces and established program
policies. '
Organizations contracting and/or cooperating with The Salvation Army may be assured
that because the Salvation Army is rooted in Christian compassion and is governed by
Judeo-Christian ethics, The SalvatiOQ Anny'Will strictly observe all provisions of its
contracts and agreements.
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Conunusioncrs Confcrcac:c:
MIIY 1996