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HomeMy WebLinkAboutContract 45109 (2)Al sMs energy. CITY SECRETARY CONTRACT SHARING THE WARMTH AGREEMENT This Sharing the Warmth Agreement ("Agreement") including all exhibits (A, B, C) is made and entered into as of the L&" day of 20 is, ("Effective Date") by and between Atmos Energy Corporation, a Texas and Virginia corporation ("Atmos Energy"), acting by and through it duly authorized agent, and the City of Fort Worth, a home -rule municipal corporation of the State of Texas, acting by and through its authorized Assistant City Manager ("City"). BACKGROUND: Atmos Energy and City recognize the need for providing charitable assistance to persons in financial distress to meet energy related costs essential to their health and welfare. Atmos Energy has developed the Sharing the Warmth Program ("Sharing the Warmth") as a supplement to government and community aid programs designed to assist persons in financial distress pay their natural gas bill from Atmos Energy. City is organized, inter alia, to provide charitable assistance to persons in financial distress, and City recognizes that Sharing the Warmth is a program for providing charitable assistance to individuals. Atmos Energy will act merely as a conduit for contributions made by others so that City and nonprofit charitable organizations can use and apply such contributions for the charitable purposes of the Sharing the Warmth Program in meeting the needs of the poor, disabled, sick and disadvantaged for gas service. AGREEMENT: In consideration of the mutual covenants hereinafter set forth, Atmos Energy and City hereby agree as follows: 1. Sharing the Warmth City acknowledges that Atmos Energy has established Sharing the Warmth and that said program is funded by voluntary contributions from Atmos, its customers, employees and third parties. City further acknowledges that the policies and procedures governing the collection and the disbursement of the funds contributed to Sharing the Warmth (the "Sharing the Warmth Funds") shall be established and may be modified by Atmos Energy from time to time, provided that Sharing the Warmth Funds shall always be disbursed to one or more agencies, and shall never be retained by Atmos for any other purpose. Sharing the Warmth Agreement Between Atmos and Fort Worth R CF/vEn ?OM OFFICIAL RECORD CITY SECRETARY flt WORTH, TX 1 of l l 2. Funds Any Sharing the Warmth Funds obtained by Atmos Energy are deemed to be collected on behalf of the City foi the purposes described above. Atmos Energy will act merely as a conduit foi contributions made by others so that City can use and apply such contributions for the charitable purposes of the Sharing the Warmth Program, as described in Exhibit A, which is attached hereto and incorporated herein for all purposes. 3. Fund Guidelines The City shall have the sole right to determine who receives the Sharing the Warmth Funds (such person being a `Beneficiary") subject, however, to the following conditions and restrictions* 3.1 City is required to process all Sharing the Warmth pledges using both Atmos Energy's website and MAACLINK, a web -based program operated by Mid -America Assistance Coalition (MAAC), a Missouri nonprofit corporation. 3.2 A Beneficiary is eligible to receive Sharing the Warmth assistance up to 3 times per rolling 12 month period. 3.3 Although a Beneficiary does not have to meet federal poverty income guidelines in order to be eligible to receive Sharing the Warmth Funds, such Beneficiary shall be a person experiencing financial hardship. 3.4 A Beneficiary must be the named person or full-time resident on the gas account for which assistance is being requested 3.5 Sharing the Warmth Funds may only be used to pay Atmos Energy natural gas bills, which may include, without limitation, customary monthly charges, past due amounts late fees, deposits and service charges. 3.6 Sharing the Warmth Funds may also be used to replace or repair the main customer owned natural gas supply line(s) necessary to provide safe operation and restore services. 3.7 A Beneficiary will not be entitled to receive Sharing the Warmth Funds unless the Beneficiary has executed an information release form granting Atmos Energy the right to share Beneficiary's payment history, account balance and other information with City and other parties. The release described above will be in the form attached hereto as Exhibit "B", incorporated herein for all purposes, and all original executed copies shall be kept on file at the offices of City. 3.8 All information received by City from Atmos Energy with respect to a Beneficiary (including, without limitation, payment history, account balance, address and personal information) shall be treated as confidential information and shall not be disclosed to any third party except MAAC or any other party allowed by Atmos, other than as may be required by law or by agreement of the parties. Sharing the Wannth Agreement Between Atmos and Fort Worth 2 of 11 4. Sharing the Warmth Report 4.1 Atmos Energy has developed a Web -based program to allow City and charitable programs to pledge Sharing the Warmth Funds and other state and federal funds to a particular Beneficiary's account. The address of such website is: http://www.atmosenergy corn/. City shall use the Web -based program to pledge in accordance with the rules established from time to time by Atmos Energy with respect to such program. 4.2 In the event Atmos Energy ceases to use the Web -based program for any reason, City agrees to complete a Sharing the Warmth Report in the form and content provided by Atmos (the "Sharing the Warmth Report") for each month during the term of this Agreement. The Sharing the Warmth Report shall be sent to Atmos Energy no latet than the tenth (10th) 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 Sharing the Warmth Report by providing thirty (30) day advance written notice to City. The monthly report is not required during periods when City does not have Sharing the Warmth Funds available to disburse to Beneficiaries. 5. Right to Audit The parties and their designated agents, representatives, accountants and attorneys shall have full access, at all reasonable times, to the properties, books and records of either party for examination of the administration distribution of Sharing the Warmth Funds and compliance with Section 7 below; provided, however this Section shall not be interpreted as granting Atmos Energy the right to control how City determines which Beneficiaries will be entitled to receive Sharing the Warmth Funds or how City governs its day to day business. 6. Compliance with Codes City represents and warrants that it is a state, county, or municipal agency that provides energy assistance to low income individuals (for example, Comprehensive Energy Aid Programs, LIHEAP or CEAPs). 7. Non-exclusive Agreement City acknowledges that Atmos Energy may enter into one or more agreements with charitable organizations, including charitable organizations located within City's service area, pursuant to which such organizations will be eligible to participate in Sharing the Warmth. 8. 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 per rods. Either City or Atmos Energy may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party. Sharing the Warmth Agreement Between Atmos and Fort Worth 3 of 1 1 9. Miscellaneous 9.1 Governing Law and Venue. This Agreement will be governed by the laws of the State of Texas without regard to conflicts of laws principles. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tairant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. 9.2 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by either party in exercising any right, power or privilege under this 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 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 party will be deemed to be a waiver of any obligation of such party or of the light of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement 9.3 Binding Effect, Assignment, and Delegation of Duties Prohibited. This 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 Atmos Energy may merge or consolidate or to which all or substantially all of its assets may be transferred. Neither party hereto shall assign or transfer its Intel est herein without prior written consent of the other party, and any attempted assignment or transfer of all or any part hereof without such prior written consent shall be void. The duties and covenants of the City under this Agreement, being personal, may not be delegated. 9.4 Notices. Whenever it is provided in this 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 Energy: Atmos Energy Corporation Attn: Sharing the Warmth Program P.O. Box 650205 Dallas, TX 75265-0205 Sharing the Warmth Agreement Between Atmos and Fort Worth 4 of I 1 If to City: Director Parks and Community Services City of Fort Worth 4200 South Freeway, Ste. 2200 Fort Worth, Texas 76115 with copies to: City of Fort Worth Attn City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 or at such other address as the intended recipient will from time to time designate by written notice delivered in accordance herewith. 9.5 Entire Agreement: Amendments. This Agreement contains the entire agreement between the parties with respect to subject matter hereof and supersedes all prior agreements and understandings, oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended orally, but only by an agreement in wilting signed by each of the parties hereto. 9.6 Section Headings and Construction The headings of Sections in this 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 Agreement unless otherwise specified. All words used in this Agreement will be construed to be of such gender o1 number as the circumstances require. Unless otherwise expressly provided, the word "including" does not limit the preceding words or terms. 9.7 Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this 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. 9.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement 9.9 Replacement of Existing Agreement. This Agreement entirely superseded and replaces any existing Share or Sharing the Warmth Agreement entered into by the parties 9.10 Governmental Immunity and Powers Sharing the Warmth Agreement Between Atmos and Fort Worth 5 of 11 Nothing contained in this Agreement shall be deemed to constitute an expansion, waiver, or abrogation of any damage caps, immunity or affirmative defense that may be asserted by City as to any claim of any third party. Furthermore, City does not waive or surrender any of its governmental powers. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date above first written above. ATMOS ENERGY CORPORATION, a Texas and Virginia corporation by:—lei.a‘ Energy Assistance Program Manager CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas b isan Alanis Assistant City Manager Approved As To Form and Legality AsOtarit City Attorney Contract Authorization: M&C C-26349 July 16, 2013 f Frian Sharing the Warmth Agreement Between Atmos and Fort Worth 6 of 11 Exhibit A Schedule of Payment to Administer the Sharing the Warmth Program In consideration foi the strict adherence to the terms and conditions of the Agreement and subject to the City performance of the work set forth in the Agreement, to the satisfaction of Atmos Energy Corporation's authorized representative, Atmos Energy agrees to compensate the City in the following manner. The City will receive three (3) percent administrative fees (monthly) based on number of approved clients in MAACLink, to offset its costs of administering utility bill assistance activities specific to Atmos Energy. Sharing the Warmth Agreement Between Atmos and Fort Worth 7 of 11 Exhibit B Agreement Concerning the Use of Account Information and Release of Atmos Energy Corporation Sharing the Warmth Program You have requested financial assistance from the City of Foit Worth ("City") that participates in the Sharing the Warmth program (the "Program") sponsored by Atmos Energy Corporation ("Atmos Energy"). Your eligibility to obtain financial assistance from the Program (the "Sharing the Warmth 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 a the City Mid -America Assistance Coalition (MAAC), a Missouri nonpi ofit corporation or any other entity with which Atmos Energy permits, to facilitate the pledge of Sharing the Wailnth Funds to your Atmos Energy account. The customer information that Atmos Energy will share with the City and/or MAAC 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 AND THE CITY, AND THEIR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS REPRESENTATIVES AND AFFILIATES HARMLESS FROM AND AGAINST ALL LIABILITIES CLAIMS AND EXPENSES INCLUDING, BUT NOT LIMITED TO, 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 THL CITY, MAAC, ANY OTHER PARTY PERMITTED BY ATMOS ENFI,RGY, OR ANY SUBSEQUENT USE AND/OR DISCLOSURE OF YOUR CUSTOMER INFORMATION. THIS RELEASE AND INDEMNIFICATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT AND/OR THE SHARING THE WARMTH AGREFMENT Limitation of Liability ATMOS ENERGY AND CITY SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION ACTUAL, DIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, EXFMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR THIS AGREEMINT, INCLUDING, WITHOUT LIMITATION THE DISCLOSURE OF YOUR CUSTOMER INFORMATION TO THE CITY, MAAC, OR ANY PARTY PERMITTED BY ATMOS ENERGY, OR ANY SUBSEQUENT USE AND/OR DISCLOSURE OF YOUR CUSTOMER INFORMATION. Sharing the Warmth Agreement Between Atmos and Fort Worth 8 of 11 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 any time without notice. You agree not to hold the City liable for any damages if Atmos Energy discontinues the Program for any reason, either temporarily or permanently. Jurisdiction This Agreement will be governed by the laws of the State of Texas without regard to conflicts of laws principles. If any action whether real or asserted, at law or in equity, arises on the basis of any piovision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas Fort Worth Division. Beneficiary Signature: Date: Sharing the Warmth Agreement Between Atmos and Fort Worth 9 of 11 Exhibit C Terms of Service Agreement 1.0 Acceptance of Terms The Sharing the Waimth website, and all of its content and services (collectively, the ' Website"), are owned by Atmos Energy Corporation ("Atmos Energy' ). City s use of this Website is conditioned upon your acceptance of the terms, conditions, and notices contained or referenced in this Terms of Service Agreement (the "Agreement"). 2.0 Use of Website By accepting the terms of this Agreement, City is requesting that Atmos Energy grant City access to the Website to facilitate City's donation of Sharing the Waimth funds (the "Funds") to customers of Atmos Energy. The details of City's agreement with Atmos Energy with respect to the Funds, and the Share the Warmth program generally, are set forth in the Sharing the Warmth Agreement which City has executed. If City has not yet signed the Sharing the Warmth Agreement, then City nonetheless agrees to be bound by its terms if City wishes to use this Website. You shall not grant any third party the right to access the Website or otherwise assign or transfer your right to use the Website. 3.0 Access to Customer Information on Website City will, in the course of using the Website: (i) be required to provide certain information about an Atmos Energy customer ("Customer') prior to pledging Funds, such as an account number, and (ii) have access to sensitive information about a Customer, including payment history and street address. All Customer information referred to in the preceding sentence is defined as the "Customer Information." City certifies that the Customer has authorized City to access and obtain the Customer Information. City and Atmos Energy further certify and warrant that any Customer Information that obtained through the Website will be used solely for the Sharing the Warmth program, will not be disclosed to any other person except Mid -America Assistance Coalition (MAAC) or any other entity or party permitted by Atmos Energy, and will be treated as confidential information, unless otherwise required by law or by agreement of the parties. 4.0 Indemnity TO THE EXTENT ALLOWED BY LAW, CITY AGREES TO RELEASE, INDEMNIFY, 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 FROM CITY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF THE WEBSITE AND THE MISUSE OR DISCLOSURE OF CUSTOMER INFORMATION THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT AND/OR THE SHARE THE WARMTH AGREEMENT. Nothing contained herein shall ever be construed so as to require City to create a sinking fund or to access, levy, and collect any tax to fund its obligations under this Section. Sharing the Warmth Agreement Between Atmos and Fort Worth 10 of 11 5.0 Limitation of Liability ATMOS ENERGY SHALL NOT BE LIABLE 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 OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. ATMOS ENERGY SHALL NOT HOLD THE CITY LIABLE FOR ANY DAMAGES RESULTING FROM OR ARISING OUT OF ANY ISSUES RELATED TO THE WEBSITE NOT CAUSED BY THE CITY, EITHER DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, ISSUES CONCERNING ACCURACY, RELIABILITY, CONFIDENTILIATY COMPLETENESS, COMPUTER VIRUSES AND WORMS, DEFECTS, TYPOGRAPHICAL ERRORS, OR ANY OTHER SIMILAR PROBLEM AND/OR DEFECT. 6.0 Reservation of Rights Atmos Energy reserves the right to modify in part or in whole, or temporarily or permanently discontinue the Website or any content contained therein for any reason and at anytime without notice. Atmos Energy is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website. 7.0 Jurisdiction This Agreement will be governed by the laws of the State of Texas without regard to conflicts of laws principles. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. 8.0 Governmental Immunity and Powers Nothing contained in this Agreement shall be deemed to constitute an expansion, waiver, or abrogation of any damage caps, immunity or affirmative defense that may be asserted by City as to any claim of any third party. Furthermore, City does not waive or surrender any of its governmental powers. 9.0 Unauthorized Access. Atmos Energy shall store and maintain all information subject to this Agieement in a secure manner and shall not allow unauthorized users to access, modify, delete of otherwise corrupt any information in any way. Atmos Energy shall notify the City immediately if the security or integrity of any information has been compromised or is believed to have been compromised, in which event, Atmos Energy shall, in good faith use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. Sharing the Warmth Agreement Between Atmos and Fort Worth 11 of 11 MAACLink Agency Information Agency Name City of Fort Worth Parks Department Community Action Partners Program Does this organization have sites that would utilize this funding? If so, please list them. • Date October 24, 2013 Far Northwest Community Action Partners — 920 Roberts Cut -Off Rd, River Oaks, TX 76114 Far Southeast Community Action Partners — 1601 E. Lamar Blvd, Arlington, TX 76011 Andrew Doc Session Community Center — 201 S. Sylvania Ave, Fort Worth, TX 76111 Como Community Center — 4900 Horne St, Fort Worth, TX 76107 Martin Luther King Community Center — 5565 Truman Dr, Fort Worth, TX 76112 Northside Community Center — 1100 NW 18th St, Fort Worth, TX 76106 North Tri-Ethnic Community Center — 2950 Roosevelt Ave, Fort Worth, TX 76106 Southside Community Center — 959 E. Rosedale St, Fort Worth, TX 76104 Worth Heights Community Center — 3551 New York Ave, Fort Worth, TX 76110 Agency Address (Physical location of agency) City of Fort Worth Parks and Community Services 4200 South Freeway, Suite 2200 Fort Worth, TX 76115 Executive Director (Name, Phone, Email) Sonia Singleton (817) 392-5774 Sonia. Singletonna,FortWorthTexas. gov Primacy Contact (Name, Phone, Email) Marie Francis (817) 392-5798 Marie.Francis(a,FortWorthTexas. gov I Is this agency a 501 C3? No, City of Fort Worth is a government entity which receives federal funding to administer the Community Action Partner Program (CAP). CAP provides assistance to low income families to provide case I management, utility assistance, money management and energy conservation education. N/A If yes, please include your tax payer ID number: 75-6000528 Link User Agreement The City of Fort Worth ("City") understands that MAAC and Atmos Energy will have access to client - specific data entered into MAACLink. This will allow MAAC to manage, approve and process client payments through MAACLink. Atmos Energy will only access client -specific data when help desk support is requested System Administrator/Fund Manager (MAAC) agrees to do the following: • Provide initial individual or group training to City and Local Administrators • Provide and maintain the resources necessary to support MAACLink.net • Purchase necessary software for the operation of the network • Provide security of the data in the system, including backup • Respond to requests by Local Administrator for upgrades and refinements of the system • Ensure payments to vendors are made in a timely fashion • Strictly adhere to the Privacy Agreement • MAAC shall store and maintain all information subject to this Agreement in a secure manner and shall not allow unauthorized users to access modify, delete or otherwise corrupt any information in any way. MAAC shall notify the City immediately if the security or integrity of any information has been compromised or is believed to have been compromised, in which event, MAAC shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. MAAC certifies and warrants that any and all information received from the City that is client specific shall as part of this Agreement be used solely for Atmos Energy's Sharing the Warmth Program will not be disclosed to any other person or entity except Atmos Energy, and will be treated as confidential information, unless otherwise required by law or by agreement of the parties. Local Administrator (Atmos Energy) Responsibilities: • Provide ongoing trainings for new users • Provide MAACLink help desk support • Strictly adhere to the Privacy Agreement City's Responsibilities: • Abide by all federal, state, and local laws and regulations, and with all MAAC procedures and policies relating to the collection, storage retrieval, and dissemination of MAACLink information • Attend MAACLink data entry, confidentiality, reports training before accessing MAACLink • Acquire and maintain computers, software, and modems according to MAAC standards • Provide a connection to the Internet • Commit its personnel to training and assure MAAC that untrained and/or unauthorized personnel do not attempt to access MAACLink • Notify local administrator of any user that leaves the agency so that user's account can be deactivated • Ensure accurate, complete, and timely data entry for clients receiving assistance through MAACLink funds • Will contact the Local Administrator for MAACLink help desk support • Strictly adhere to the Privacy Agreement Errors, Negligence, or Misconduct IF THERE IS ERROR, NEGLIGENCE OR MISCONDUCT BY EITHER PARTY, THEN , TO THE EXTENT ALLOWED BY LAW, THE PARTY WHO COMMITS THE ERROR, NEGLIGENCE OR MISCONDUCT WILL INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY ITS AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL CLAIMS DEMANDS, ACTIONS, SUITS, JUDGMENTS AND LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF DATA OBTAINED UNDER THE TERMS OF THIS AGREEMENT. Nothing contained herein shall ever be construed so as to require the City to create a sinking fund or to access, levy, and collect any tax to fund its obligations under this section. MAAC shall not hold the City liable for any damages resulting from or arising out of any issues related this Agreement not caused by the City, either directly or indirectly, including, but not limited to, issues concerning accuracy, reliability, confidentiality, completeness, computer viruses and worms, defects, typographical errors or any other similar problem or defect. Governmental Immunity and Powers Nothing contained in this Agreement shall be deemed to constitute an expansion, waiver, or abrogation of any damage caps, immunity or affirmative defense that may be asserted by City as to any claim of any third party. Furthermore, City does not waive or surrender any of its governmental powers. Link Level 1 Privacy Agreement All agencies/organizations that participate in MAACLink must adhere to the following standards: All users must have received MAACLink user training and have their own user name and password in order to access the system. Every individual, whether they are an employee or volunteer, must be an authorized user in order to gain access to MAACLink. In order to become an authorized user of MAACLink each individual must complete a Statement of Confidentiality form which can be obtained from the Local Administrator. Once the form is completed it must be sent to the Local Administrator's office and training will need to be scheduled. Once the individual receives training they will then be given their unique login name and password. An authorized user cannot delegate use of their account to anyone else including other authorized users. Each authorized user must be logged in to their own account whenever they use the system in any way. If administrators detect a violation of any piece of the Statement of Confidentiality or the Privacy Agreement by an individual user, a Notice of Violation will be mailed to the user agency executive director. Any violation may result in discontinuation of user or agency rights to MAACLink and may be considered a breach of contract. All clients who apply for a service or program enrollment at your organization must grant informed consent to put their files into the MAACLink system. Each agency must have their clients sign the Client Consent and Release of Information form before their information can be entered in MAACLink. The Client Consent and Release of Information form must be completed at least annually and stored onsite. The files entered in MAACLink must be stored on -site for at least 5 years after the last date of service. City may choose to provide additional releases of information as applicable to their individual operating procedures and policies as long as they do not conflict with the MAACLink Client Consent and Release of Information. In addition the client must sign the Authorization Certification at the bottom of the MAACLink Standard Intake Form. Clients own their MAACLink files. Clients have the right to see their files if requested. Please keep this in mind when putting client notes, household notes or case management notes into the system Reports that identify clients and that are generated directly from MAACLink should not be shared with outside individuals or organizations at any time. When submitting reports or sharing statistical information you must make sure that you are only sharing aggregate information. Anyone who is not an authorized MAACLInk user should not have access to specific client information from MAACLink. Do not give client information to non-MAACLink organizations or individuals who call your organization and request it by phone, including law enforcement. You may refer the caller to MAAC's Executive Director if he/she persists. CaII the MAAC Executive Director if your agency's electronic files are subpoenaed. M A Link Level 1 Privacy Agreement (Cont.) Initials All agencies/organizations that participate in MAACLink must adhere to the following standards: Keep these points in mind: Do not use information in the MAACLink system for any unofficial interaction with the client. For instance: 1. A landlord cannot use MAACLink to evaluate potential tenants. 2. "Friends" cannot look up information for or about their "friends". 3. Business owners or operators cannot use the system to evaluate potential employees. Conversations about specific MAACLink information should be kept at a professional level and such conversations should be conducted in a secure environment. When communicating (verbally or through email) with other authorized users or MAACLink tech support please use the Client ID # to identify the client instead of other confidential client specific information Always log off of MAACLink or lock your computer screen before walking away from the computer. If you feel like you must write down your password in order to remember it, please be sure you hide it in a secure place. If you suspect someone may have learned your log -in information, change your password immediately. The City shall be responsible for the maintenance, accuracy, and security of all its emergency assistance records and terminal sites and for the oversight of City personnel regarding confidentiality. The City must accept responsibility for the validity of all records entered by its employees or agents and the confidential manner in which any MAACLink information is shared. The Primary Contact is responsible for assigning appropriate user rights based on the job description of each staff person. These designations are made on the individual Statement of Confidentiality agreements. Enforcement of the Confidentiality Policy The Local Administrator has the absolute right to terminate without notice services of MAACLink for the purpose of investigation of any suspicion of breached confidentiality. Thereafter, the Local Administrator may terminate this agreement if the Local Administrator in its sole reasonable discretion, determines that there has been a breach of confidentiality. The Local Administrator and MAAC reserve the right to immediately suspend furnishing information covered by the terms of this agreement to the City when any terms of this agreement are violated or are suspected to be violated. The Local Administrator and MAAC shall resume furnishing such information upon receipt of satisfactory assurances that such violations did not occur or that such violations have been fully corrected or eliminated. Three exceptions to the privacy agreement: Duty to Warn —As professionals, we all have a duty to guard each other from harm. If a client has threatened you, him/herself, or others at your organization you must warn other users of a potential threat through the MAACLink system. This may be done by placing an alert on the client's profile. This alert should be brief, clear and factual. Child Abuse and Neglect —If you see evidence or have reason to believe that a child/children have been abused or neglected then you have a duty to report it to authorities, regardless of confidentiality agreements. You may call 1-800-422-4453 to find a local phone number for reporting purposes. Notwithstanding anything to the contrary, MAAC understands and acknowledges that the City is a public entity under the laws of the State of Texas and, as such, all documents and information held by the City are subject to disclosure under Chapter 552 of the Texas Government Code. MAAC shall not hold the City liable for disclosing documents or information required by law. MAACLink Signatures Initials the Assistant City Manager of the City of Fort Worth indicates agreement with the terms stated in the MAACLink Agreement and the Privacy Agreement by signing below. City of Fort Worth Assistant City Manager Name (Please Print) Susin Alanis City of Fort Worth Assistant City Manager Signature r csos5zotw‘_._Lo MAAC Executive Director Name (Please Print) MAAC Executive Director Signature Atmos Energy Local Administrator (Please Print) Date Illla-I(3 Date I APPROVED AS TO FORM AND LEG LITY: 3 C'-IiaEtant C Attorncv 11 Atmos Energy Local Administrator Signature Date ✓1&C Review Page 1 ot2 Official site of th of Fart Worth, Texask DATE: CODE: SUBJECT: COUNCIL ACTION: Approved on 7/16/2013 - Ordinance No. 20804-07-2013 7/16/2013 REFERENCE NO.: C-26349 LOG NAME: C TYPE: NON -CONSENT PUBLIC NO HEARING: Authorize Acceptance of a Grant from Atmos Energy Corporation for the "Sharing the Warmth" Program in the Amount Up to $500,000.00, Authorize Execution of Agreement with Atmos Energy Corporation for the ' Sharing the Warmth" Program and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) 80ATMOS-STW- 2013 RECOMMENDATION: It is recommended that the City Council. 1 Authorize the acceptance of a grant from Atmos Energy Corporation for the "Sharing the Warmth" Program in the amount up to $500 000.00; 2 Authonze the execution of an Agreement with Atmos Energy Corporation for the "Sharing the Warmth" Program; and Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in Grants Fund in the amount of $500,000.00. DISCUSSION: Atmos Energy Corporation developed the "Sharing the Warmth" Program (Program) as a supplement to government and community aid programs designed to assist Atmos Energy customers in financial distress to meet their gas utility related costs. The Program is funded by voluntary contributions from Atmos, its customers, its employees and third parties. The Parks and Community Services Department's Community Action Partners (CAP) Program has received these Program funds and administered this Program since 2005 Atmos Energy has agreed to allow the CAP to retain a 10 percent administrative fee to offset the costs of administering utility bill assistance activities specific to Atmos Energy Beneficiaries of the Program funds do not have to meet federal poverty income guidelines, but they must be experiencing financial hardship and be the named person or full-time resident on the natural gas account The Program funds may also be used to replace or repair the main customer -owned natural gas supply line(s) necessary to provide safe operation and restore services. The term of the Agreement will begin on the date of execution of the Agreement and end one year thereafter. The Agreement will automatically renew on a year-to-year basis until terminated. This program serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above commendations and adoption of the attached appropriation ordinance, funds will be available in the 1111ETrent operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers him •//arms cfwnetora/cc,uncil nacket/mc review.asn?WY 1 8 155&councildate=7/1 6/201 3 7/30/201: vl&C Review Page 2 of 2 GR76 451804 080479632000 $500,000.00 GR76 5XXXXX 080479632XXX, $500,000.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 80ATMOS-STW 2013 A013 (rev).doc • • Susan Alanis (8180) Richard Zavala (5704) Sonia Singleton (5774) httn•//annc efwnet_or!/council nacket/mc review.asn?ID=18155&councildate=7/16/2013 7/30/2012 • • • Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT UP TO $500,000 00 SUBJECT TO RECEIPT OF A GRANT FROM ATMOS ENERGY CORPORATION, FOR THE PURPOSE OF SUPPORTING THE `SHARING THE WARMTH PROGRAM PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2012-2013 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount up to $500,000 00, subject to receipt of a grant from Atmos Energy Corporation, for the purpose of supporting the "Sharing the Warmth' Program. SECTION 2 That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 20411-09-2012 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: SECTION 4.