HomeMy WebLinkAboutContract 39921• '+To NO* 391c /
CONSERVATION &ENERGY EFFICIENCY PROGRA1V�l AGREEIVI1Cl`1'I'
This Conservation & Ener��Y3' Efficiency Program Agreement ("CEE Agreement") is made,
entered and effective as of the �,�`�day of up 2010, ("Effective Date") by and between Atmos
Energy Corporation, a Texas and Virginia corporation ("Atmos") and City of Fort Worth Community
Action Partners, a home -rule municipal corporation of the State of Texas ("Agency").
BACKGROUND:
Atmos has recently received approval to implement a Conservation &Energy Efficiency Program
'the "CEE Program") to assist qualified Atmos customers in obtaining energy saving materials and
supplies, either in -kind or through a purchase/reimbursement mechanism. The goal of the program is to
allow qualified Atmos customers to implement energy savings measures to lower their energy utility bills.
Agency is organized, inter alia, to provide charitable assistance to qualified candidates.
Atmos and Agency may also be parties to the Share the Warmth Agreement (the "Share the
Warmth Agreement") which provides charitable assistance to persons in fmancial distress to meet
natural gas energy related costs essential to their health and welfare. While some provisions of the CEE
Program and the Share the Warmth Program are similar, they are intended to operate independently of
each other.
follows:
Agency is willing and able to assist Atmos in implementing the CEE Program.
AGREEMENT:
In consideration of the mutual covenants hereinafter set forth, Atmos and Agency hereby agree as
1. CEE Program
Atmos and Agency agree to assist each other in implementing the CEE Program, subject
to the terms and conditions set forth below. It is understood that because the CEE Program is
new and certain administrative aspects are still being worked out, Atmos reserves the right to
change any part of the CEE Program upon reasonable notice to Agency.. Atmos may engage a Yd
party to administer aspects of the CEE Program and Agency will cooperate as reasonably
necessary.
2. Funding the CEE Program
Atmos from time to time may allocate a portion of the funds it receives for the CEE Program (the
"CEE Funds") to Agency, although Atmos shall have no obligation to do so. The CEE Funds allocated
to Agency may be delivered to Agency in various ways, including one or more of the following:
2.1 Energy conserving materials and supplies obtained from approved
suppliers/retailers, such as weather stripping, caulking, water heater blankets, automatic thermostats, and
other devices and materials set forth on Exhibit "A', together with such other items approved in advance
by Atmos from time to time (the "Approved CEE Materials");
2.2 Cash, Vouchers or Gift Cards for the purchase of Approved CEE Materials;
2.3 Reimbursement for the purchase of Approved CEE Materials; and
2.4 Installation charges for any of the above.
All CEE Funds so allocated will be disbursed to Agency in the manner determined by Atmos and Agency
will use the CEE Funds as provided herein. Upon a termination of this Agreement, Atmos may request
that Agency refund to Atmos all CEE Funds not distributed by Agency as of the date of notice of the
termination. Agency will forward payment to Atmos within thirty (30) days of receipt of Atmos' request.
Atmos reserves the right to cease distribution of CEE Funds to Agency at Atmos' discretion.
3. Agency's Use of CEE Funds
The Agency shall have the sole right to determine who receives the CEE Funds (such person
being a "Beneficiary") subject, however, to the following conditions and restrictions:
3.1 Beneficiaries must either qualify for heating bill assistance through LIHEAP
("Financial Hardship Beneficiaries"), or turn 65 in the calendar year in which the CEE Funds are
provided ("Senior Citizen Beneficiaries").
3.2A Beneficiary must be the named person or full-time resident on the Atmos gas
account for which assistance is being requested.
3.3 Employees, officers, and directors of Agency, or any family members of the
same, may receive Approved CEE Materials so long as such persons) meets the eligibility criteria
established by Agency
3.4 The maximum amount of
purchase of energy savings materials and supplies
CEE Funds available to any Beneficiary for the
3.5CEE Funds may only be used to purchase and install Approved CEE Materials as set
forth on Exhibit "A". CEE Funds expressly may not be used to pay for (i) blower door tests, (ii) fuel
switching, unless Atmos has granted prior written authorization for such fuel switching, (iii) duct integrity
testing, or (iv) repairs to or replacements of windows or walls. CEE Funds shall only be used to pay
contractors that are duly licensed and bonded.
3.6A Beneficiary will not be entitled to receive CEE Funds unless the Beneficiary has
executed an information release form granting Atmos the right to share Beneficiary's payment history,
account balance and other information with Agency and other parties. The release described above will
be in the form attached hereto as Exhibit "B" and all original executed copies shall be kept on file at the
offices of Agency (the "Release").
3.7A11 information received by Agency from Atmos with respect to a Beneficiary
(including, without limitation, payment history, account balance, address and personal
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information) shall be treated as confidential information and shall not be disclosed to any third
party, other than as may be required by law.
4. CEE Report
4.lAtmo3 may develop a Web -based program in connection with the CEE Program. In
such event Atmos may require Agency to use the designated website to execute on the CEE Program.
4.2In the event the Web -based program is unavailable for any reason, Agency agrees to
complete a CEE Report in the form and content provided by Atmos (the "CEE Report") for each month
during the term of this CEE Agreement. The CEE Report shall be sent to Atmos no later than the tenth
(10t') day of the month following the month for which the report was prepared. Atmos may from time to
time amend the form, content and information requested in the CEE Report by providing thirty (30) day
advance written notice to Agency. The monthly report is not required during periods when Agency does
not have CEE Funds available to disburse to Beneficiaries.
5. CEE File
Agency will maintain a file and record of each and every transfer of CEE Funds. Such file shall
contain, without limitation, the following:
S.lA copy of all checks evidencing monies received from Atmos or third parties or in
conjunction with the CEE Program; and
5.2 A copy of all back-up documentation (e.g., invoices, receipts, etc.) evidencing the
application of CEE Funds as set forth in Section 2.
5.3A copy of the signed Release form.
6. Right to Audit
Atmos and its designated agents, representatives, accountants and attorneys shall have full access,
at all reasonable times, to the properties, books and records of Agency for examination of Agency's
administration of CEE Funds and compliance with Section 7 below; provided however, this Section shall
not be interpreted as granting Atmos the right to control how Agency determines which Beneficiaries will
be entitled to receive CEE (except as expressly provided herein) or how Agency governs its day to day
business.
7. Compliance with Codes
Agency represents and warrants that either:
7.1It is a state, county, or municipal agency whose primary function is to provide
assistance to qualified individuals; or
7.2 it is and shall continue to be during the term of this Agreement an organization
described in Section 501(c) (3) of the Internal Revenue Code and its Regulations as they now exist or as
they may be amended from time to time (the "Code"), is exempt from federal income taxes under Section
501(a) of the Code, and contributions to Agency are deductible from federal income taxes of the donor,
within limits and guidelines of Section 170 of the Code. Agency covenants and agrees that it will take no
action or omit to perform any act that will prejudice its status under said provisions of the Code.
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Agency will immediately notify Atmos if at any time during the term of this Agreement any of
the representations made in this Section cease to be true.
8. Non-exclusive Agreement
Agency acknowledges that Atmos may enter into one or more agreements with other charitable
organizations, including charitable organization located within Agency's service area, pursuant to which
such organization will be eligible to participate in the CEE Program.
9. Term and Termination
The term of this Agreement is for one year beginning on the Effective Date and ending one year
thereafter. This Agreement shall automatically renew for successive one year periods. Either Agency
or Atmos may terminate this CEE Agreement, with or without cause, upon thirty (30) days written notice
to the other parry.
10. Miscellaneous
10.1 Governing Law. This Agreement will be governed by the laws of the State of
Texas without regard to conflicts of laws principles.
10.2 Waiver. The rights and remedies of the parties to this CEE Agreement are
cumulative and not alternative. Neither the failure nor any delay by either party in exercising any right,
power or privilege under this CEE Agreement will operate as a waiver of such right, power or privilege.
No single or partial exercise of any such right, power or privilege will preclude any other or further
exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the
maximum extent permitted by applicable law, (a) no claim or right arising out of this CEE Agreement can
be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in
writing signed by the other party; (b) no waiver that may be given by a party will be applicable except in
the specific instance for which it is given; and (c) no notice to or demand on one parry will be deemed to
be a waiver of any obligation of such party or of the right of the parry giving such notice or demand to
take further action without notice or demand as provided in this CEE Agreement.
10.3 Binding Effect; Delegation of Duties Prohibited. This CEE Agreement inures
to the benefit of, and is binding upon, the parties hereto and their respective successors, assigns, heirs and
legal representatives, including any entity with which the Atmos may merge or consolidate or to which all
or substantially all of its assets may be transferred. The duties and covenants of the Agency under this
CEE Agreement, being personal, may not be delegated.
10.4 Notices. Whenever it is provided in this CEE Agreement that any notice,
demand, request, consent, approval, declaration or other communication be given to or served upon any
of the parties by another, such notice, demand, request, consent, approval, declaration or other
communication will be in writing and will be deemed to have been duly given (i) when received if
personally delivered, (ii) when transmitted if transmitted by telecopy (except that telecopies transmitted
after 5:00 p.m. in the recipient's time zone will be deemed delivered the next business day), electronic or
digital transmission method, (iii) the business day after it is sent, if sent for next business day delivery to a
domestic address by a nationally recognized overnight delivery service (i.e. Federal Express) and (iv)
three business days after it is sent, if sent by certified or registered mail, return receipt requested. In each
case notice will be sent to:
If to Atmos: Randy Beard
Atmos Energy Corporation
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5420 LBJ Freeway, Suite 1822
Dallas, Texas 75240
If to Agency: City of Fort Worth
Parks and Community Services Department
Community Services Division
4200 South Freeway, Suite 2200
Fort Worth, Texas 761154499
or at such other address as the intended recipient will from time to time designate by written notice
delivered in accordance herewith.
10.5 Entire Agreement; Amendments. This CEE Agreement contains the entire
agreement between the parties with respect to the CEE Program, but does not otherwise impact the Share
the Warmth Program (if applicable). This CEE Agreement may not be amended orally, but only by an
agreement in writing signed by each of the parties hereto.
10.6 Section Headings and Construction. The headings of Sections in this CEE
Agreement are provided for convenience only and will not affect its construction or interpretation. All
references to "Section" refer to the corresponding Section of this SEE Agreement unless otherwise
specified. All words used in this CEE Agreement will be construed to be of such gender or number as the
circumstances require. Unless otherwise expressly provided, the word "including" does not limit the
preceding words or terms.
10.7 Severability. If any provision of this CEE Agreement is held invalid or
unenforceable by any court of competent jurisdiction, the other provisions of this CEE Agreement will
remain in full force and effect. Any provision of this CEE Agreement held invalid or unenforceable only
in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
10.8 Counterparts. This CEE Agreement may be executed in one or more
counterparts, each of which will be deemed to be an original copy of this CEE Agreement and all of
which, when taken together, will be deemed to constitute one and the same agreement.
SIGNATURES APPEAR ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have executed and delivered this CEE Agreement as or the
date above first written above.
ATMOS ENERGY CORPORATION
a Texas and Virginia corporation
& 4',X
Randy Bea d
Energy Assistance Program Manager
ATTEST:
City �ecretary
AS TO FORM AND LEG
Assistant
M&C C-23232
CITY OF FORT WORTH
les W. Daniels
�tant City Manager
Contract Authorizatiox
IZ --
E �;a-t►�..:�i� KECURD
CITY SECRETARY
FT
EXHIBIT A
List of Approved CEE Materials
1) Caulking
a. Must be installed without gaps or large excesses.
2) Weatherstripping
a. Apply weatherstripping snugly against both surfaces. The material should
compress when the window or door is shut
3) Window Kits
a. The approved "Atmos Energy Kits" will continue to be distributed. However,
they will be phased out over time. After the kits have all been distributed, no more
kits will be given out.
4) Wall Outlet Covers
5) Water Heater Jackets
a. Water heater jackets must have an R-value of at least R®6.7. This estimate applies
to all weather regions.
b. Manufacturer's instructions of the water heater jacket and the water heater itself
should be followed. Thermostat and heating element access panels must be left
uncovered.
6) Clock Thermostats
a. Must be installed up to current specifications
b. Must be an upgrade from the customers current thermostat
7) Gas Heating Tune -Up
a. Replace with high efficiency units only: Gas heating appliances ER=.85 (ER =
Energy Ratio)
D. Tune -Up should include but not limited to
i. Required maintenance on gas heater to get it working properly
ii. Required maintenance on gas heater to get it up to current code
specifications
8) Insulation — Ceiling and/or Floor
a. Ceiling Insulation
i. A ceiling insulation level of R-30 is recommended throughout Texas as
prescribed by DOE. The combined R-values of the existing insulation and
the insulation being added should total R-30.
b. Floor Insulation
i. Coverage
a. All areas not occupied by ducts, plenums or other
obstructions shall be insulated
b. R-Value shall be a minimum R-15
9) Gas Water Heaters
a. Acceptable Materials
i. Minimum life expectancy of 10 years
ii. Must be capable of continuous operation at 180 degrees Fahrenheit
iii. Must have a flame spread rating of 150 or less and a smoke density of 50
or less
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b. Coverage
i. Insulate hot and cold water pipes
ii. In conditioned space, insulate first 5' leading away from tank (if no
obstruction exists)
iii. In unconditioned space, insulate all accessible pipes leading to conditioned
space
iv. On gas units, water pipes must be insulated to within 3" of exhaust vent
v. Cover all elbows or curved pipe without compressing insulation or leaving
gaps
vi. Elbows should be 45 degree mitered to form fit all pre formed insulation
10) Gas Heaters
a. Must be up to date with current code specifications
b. Must have an Energy Ratio of at least .85
11) Gas Piping — Customer Owned
a. Piping must be owned by the customer
b. Pipes should be repaired to meet current code specifications
c. Piping should not be insulated
12) Gas Yard Line — Customer Owned
a. Yard line must be owned by the customer
b. Must be up to code specifications
13) Gas Safety & Code Compliance Work
a. All repairs must fall within regulations of current code specifications
b. Measures taken must allow for appliance or piping to fall within current OSHA
guidelines
14) Duct Replacement and/or Repair
a. Materials used should be long-lasting materials, e.g., mastics, tape -applied
mastics, UL 181 foil tape with mastic applied over it, and/or aerosol -based
sealants, to reduce total leakage rates to less than 10% of total air handler fan
flow.
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EXHIBIT B
Release of Information
See attached
G]
Agreement Concerning the Use of Account Information
And
Release of Atmos Energy Corporation
Conservation & Energy Efficiency Program
You have requested financial assistance from an agency (an "Agency") that participates in the
Conservation & Energy Efficiency program (the "Program") sponsored by Atmos Energy
Corporation ("Atmos Energy"). Your eligibility to obtain financial assistance from the Program
he "CEE Funds") is conditioned upon your acceptance of the terms and conditions contained
or referenced in this agreement (the "Agreement"). Please read this Agreement carefully.
Sharing of Customer Information
By accepting the terms of this Agreement, you are authorizing Atmos Energy to share your
customer information with an Agency to facilitate the pledge of CEE Funds. The customer
information that Atmos Energy will share with an Agency may include your current and former
name(s), account number, payment history, street address, gas usage, and any other information
Atmos Energy may have in its possession. This may include information that you consider
confidential or private. All Customer information referred to in the preceding sentence is
defined as the "Customer Information."
Release and Indemnity
YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD ATMOS ENERGY,
ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES
HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING
ATTORNEY'S FEES, FROM CLAIMS RELATING TO OR ARISING UNDER THE
PROGRAM OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE
DISCLOSURE OF YOUR CUSTOMER INFORMATION TO AN AGENCY, OR AN
AGENCY'S SUBSEQUENT USE AND/OR DISCLOSURE OF YOUR CUSTOMER
INFORMATION. THIS RELEASE AND INDEMNIFICATION WILL SURVIVE THE
TERMINATION OF THIS AGREEMENT AND/OR THE SHARE THE WARMTH
AGREEMENT.
Limitation of Liability
ATMOS ENERGY SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR DAMAGES
OF ANY KIND INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT,
COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS
OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT THE
PROGRAM OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE
DISCLOSURE OF YOUR CUSTOMER INFORMATION TO AN AGENCY, OR AN
AGENCY'S SUBSEQUENT USE AND/OR DISCLOSURE OF YOUR CUSTOMER
INFORMATION.
Reservation of Rights
Atmos Energy reserves the right to modify in part or in whole, or temporarily or permanently
discontinue the Program for any reason and at anytime without notice.
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Jurisdiction
This Agreement shall be construed in accordance with the laws of the state of Texas. All disputes
arising from your use of this Website or under this Agreement shall be resolved in a court
located in Dallas County, Texas, without reference to conflict of laws or choice of laws statutes.
ACCEPTED AND AGREED:
Printed Name:
Divulgacion de I rturmacion
Vea anexo
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Acuerdo Sobre el Uso de Informacion de su Cuenta
Y
Liberacion de Responsabilidad de Atmos Energy Corporation
Programa e Conservacion y Eficiencia de Energia
Usted ha pedido ayuda economica a una agencia (una "Agencia") que participa en
A programa de Conservacion y Eficiencia de Energia (el Programa) patrocinado
por Atmos Energy Corporation ("Atmos Energy"). Su elegibilidad para obtener
ayuda economica de este Programa (fondos del programa "Guardando el Calor") se
condiciona a la aceptacion de condiciones content o referidas en este acuerdo
(el "Acuerdo"). Por favor lea este acuerdo cuidadosamente.
Compartiendo Informacion del Cliente
Con aceptar los terminos de este Acuerdo, usted autoriza a Atmos Energy a
compartir su informacion de cliente con una Agencia para facilitar la promesa de
los fondos del programa. La informacion que Atmos Energy compartira con una
Agencia puede incluir su(s) nombre(s) actuales y previos, numero de cuenta,
historia de pago, direccion su calle, el use del gas, y cualquier otra informacion
que Atmos Energy puede tener en su posesion, incluyendo informacion que usted
considera confidencial o privada. Toda la informacion del cliente mencionada
anteriormente se define como la "Informacion del Cliente."
Liberacion e Indemnizacion
LISTED ESTA DE ACUERDO EN LIBERAR, INDEMNIZAR, DEFENDER
Y EXIMIR A ATMOS ENERGY, SUS AGENTES, EMPLEADOS,
OFICIALES, DIRECTORES Y A SUS AFILIADOS DE TODA
RESPONSABILIDAD, DEMANDAS Y COSTOS, INCLUYENDO
HONORARIOS DE ABOGADOS POR DEMANDAS RELACIONADAS AL
PROGRAMA O QUE SURGIERAN BAJO EL PROGRAMA O ESTE
ACUERDO, INCLUYENDO SIN LIMITACION, LA DIVULGACION DE
SU INFORMACION DE CLIENTE A UNA AGENCIA, O EL USO
SUBSECUENTE Y/O DIVULGACION DE SU INFORMACION DE
CLIENTE POR UNA AGENCIA. ESTA LIBERACION E
INDEMNIZACION SOBREVIVIRA LA TERMINACION DE ESTE
ACUERDO Y/O DEL ACUERDO DE GUARDANDO EL CALOR.
Limitacion de Responsabilidad
ATMOS ENERGY NO SERA RESPONSABLE POR LISTED DE NINGUNA
MANERA POR DANOS DE CUALQUIER CLASE INCLUYENDO, SIN
LIMITACION, REALES, DIRECTOS, COMPENSATORIOS,
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WAM I I KOt
Reservation de Derechos
Atmos Energy se reserva el derecho de modificar en parte o en su totalidad, de
descontinuar temporalmente o permanentemente el Programa por cualquier razon y
en cualquier momento sin previo aviso.
Jurisdiction
Este Acuerdo sera interpretado de acuerdo con las leyes del estado de Texas. Toda
disputa surgiendo del use de este sitio de Web o bajo este Acuerdo, sera resuelta en
una corte situada en el condado de Dallas, Texas, sin referencia a conflicto de leyes
0 option de los estatutos de leyes.
ACEPTADO Y DE ACUERDO:
Firma:
Nombre (en Tetra de molde)
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M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
FORT WORTH
y��
COUNCIL ACTION: Approved on 12/9/2008 -Ord. No. 18400-12-2008
DATE: 12/9/2008 REFERENCE C-23232 LOG NAME: 80KEEPWARM2008
NO..
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Application for and Acceptance of Low -Income Weatherization Assistance
Program Funds from Atmos Energy, Inc., in an Amount up to $340,000.00 Annually;
Authorize Related Contracts; and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, a donation from Atmos Energy,
Inc., in an amount up to $340,000.00 annually for aLow-Income Weatherization Program;
2. Authorize the execution of a contract with Atmos Energy, Inc., for the Keeping the Warmth
Program beginning on the effective date and ending one year thereafter with automatic successive
one year period renewals; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund in an amount up to $340,000.00, subject to receipt of the funds.
DISCUSSION:
Atmos Energy, Inc., has developed a pilot low-income Weatherization program called the Keeping the
Warmth Program which will provide assistance to its low-income customers for energy efficiency
measures. The primary objective of the program is to achieve a cost effective reduction of energy
use in the homes of eligible families. To qualify, the household must be an Atmos Energy, Inc.,
customer and either (1) have income that does not exceed 125 percent of the Federal Income
Poverty Guidelines or (2) an individual age 65 or older. The Keeping the Warmth Program provides
weatherstripping, caulking, hot water heater blankets, insulation and other energy saving devices and
materials to make homes more energy efficient.
The proposed program will serve approximately 200 homes annually, supplement the Heating and
Cooling Program funded by the Texas Department of Housing and Community Affairs
Comprehensive Energy Assistance Program, and be administered within the standards and
guidelines established by the City of Fort Worth and Atmos Energy, Inc. The City of Fort Worth also
participates in the Sharing the Warmth Program which assists low income individuals and households
with payment of their natural gas bills. In order to receive funding for the Keeping the Warmth
Program, the individual or family must be a participant of the Sharing the Warmth Program.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=10649&councildate=l2/9/2008 2/3/2010
M&C Review
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The contract shall automatically renew for successive one year periods but will allow either the City or
Atmos Energy, Inc., to terminate the Keeping the Warmth Program agreement, with or without cause,
upon thirty (30) days written notice to the other party.
This program will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, adoption of the attached appropriation ordinance, and receipt of the award, funds
will be available in the current operating budget, as appropriated, of the Special Trust Fund. No
matching funds are required from the City.
TO Fund/Account/Centers
FE72 488100 080537000020 $340,000.00
FE72 5VARIOUS 080537000020 $340,000.00
Submitted for City_ Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
80KEEPWARM2008.doc
FROM_Fund/Account/Centers
Charles W. Daniels (6183)
Richard Zavala (871-5704)
Anthony Meyers (871-5775)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=10649&councildate=l2/9/2008 2/3/2010