HomeMy WebLinkAboutContract 56879 CSC No. 56879
PUBLIC UTILITIES VENDOR AGREEMENT
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
The purpose of the Comprehensive Energy Assistance Program ("CEAP") funded from the Low-Income
Home Energy Assistance Program ("LIHEAP") grant is to maintain an energy supply to heat and cool the
residences of eligible low-income clients.
The Energy Services provider ("Vendor"), agrees to honor the purpose of the CEAP grant and to accept
pledges of payment from CEAP agencies only for certified customers to whom Vendor continues to
provide energy services. The Energy Assistance Provider ("Agency"), agrees to make payments only for
eligible low-income clients.
This vendor agreement is by and between:
City of Fort Worth
and
Energy Assistance Provider(Agency)
NRG Energy dba Cirro Energy
(Vendor)
Vendor and Agency agree to assist customers in the following counties: Tarrant County
This agreement shall be effective from the hl day of 1.11,11mv n,»for a period not to exceed two years
from the effective date. Either party may terminate this agreement by written notice. Such written notice
of termination shall not affect any obligation by either party incurred prior to the receipt of such notice
Notice shall be sent via certified mail with return receipt requested.
NRG Energy dba Cirro Energy
(Vendor Name)
1. 0. & 30as? Jon
(Vendor Mai 4ng Address)
City of Fort Worth; Neighborhood Services Department
(Agency Name)
200 Texas Street Fort Worth, TX 76102
(Agency Mailing Address)
1 OFFICIAL RECORD
Re
CITY SECRETARY
FT. WORTH, TX
The Agency named above represents and warrants to Vendor that it is a subrecipient of the Texas
Department of Housing and Community Affairs ("TDHCA") and as such is authorized and has received
funding from the TDHCA to provide bill payment assistance service for eligible low-income households.
The Vendor named above represents and warrants that it will apply any payments received from Agency
to the account of the customer that the Agency has determined to be eligible under the CEAP guidelines
and such is a "Certified Customer".
Vendor will,with reference to a Certified Customer:
• Extend the CEAP applicant's energy service for up to five business days while the Agency
determines whether the CEAP applicant is eligible pursuant to the CEAPguidelines.
• Upon accepting pledge from Agency for Certified Customer, continue or restore energy service
to Certified Customer with no increases in charges,service charges or other charges affecting the
total cost of the bill, except as allowed by the stated tariff cost registered with the Public Utility
Commission "PUC" and/or Texas Railroad Commission.
• In the event the full past due balance is not paid by the Agency, the Certified Customer must pay
the remaining balance on or before the disconnect date stated in the customer's Disconnect
Notice required by PUC regulations in order to avoid disconnection or be eligible for
reconnection. Nothing in this agreement requires the Vendor to reconnect the customer upon
receipt of a pledge that does not cover the full past due balance or if the customer has already
been disconnected by the time the pledge is received by the Vendor.
• Invoice the Certified Customer in accordance with Vendor's normal billing practices.
• Upon verbal or written request from Agency, provide at no cost to the Agency the Certified
Customer's billing and usage history for previous twelve months, or available history plus
monthly estimates if less than twelve months of billing history and usage is available. Vendor will
transmit such billing history via electronic mail or facsimile as soon as possible, but no later than
forty eight hours following the request.
• Work with Agency and Certified Customer to explore the feasibility of offering flexible payment
arrangements that may include, without limitation, waiving security deposits, reconnect fees,
application fees, and all other fees whenever possible.
• Not discriminate against Certified Customer in price or services, including the availability of
deferred payment plans, level or average payment plans, discount, budget, advance payment or
other credit plans
• Not refuse to provide energy service or otherwise discriminate in the marketing and provision of
energy service to any Certified Customer because of race, creed, color, national origin, ancestry,
sex, marital status, lawful source of income, level of income, disability, financial status, location
2 Revised January 2021
of customer in an economically distressed geographic area,or qualification for low-income or
energy-efficiency services.
• Allow Agency forty-five days from the date of the pledge to forward payment to the Vendor.
Vendor agrees not to consider the portion of the Certified Customer's account to be paid by the
Agency delinquent if said payment is received within the above mentioned forty-five day period,
and Vendor is provided with a verbal or signed pledge from the Agency within forty-five days of
identifying a Certified Customer.
• Not interrupt service if Certified Customer is eligible under PUC regulations, or other state
agency regulations(as applicable), and enters into an agreement with the Vendor concerning
how the Certified Customer will pay the balance owed Vendor and the Certified Customer is
meeting the obligation under such agreement.
• If the Agency has paid for an initial deposit or similar refundable instrument, upon the
termination of service to the Certified Customer, the Vendor shall return funds including
interest (after any balance owed) to the Agency in accordance with PUC regulations or 10 Texas
Administrative Code§6.312(f)(as applicable).
The Agency will:
• Obtain written permission for Agency to request and have access to customer information,
including confidential or personal account information, credit and payment history, from
customers seeking Agency's assistance. Social Security numbers are not required for the CEAP
program and may not be disclosed to Agency.
• Provide to Vendor, at Vendor's request, customer's written permission for Agency's access to
customer information as stated above.
• Not provide pledges on behalf of a Certified Customer to Vendor without having adequate funds
to pay such pledge.
• Pay pledges within forty five days of making pledge to Vendor.
• Determine if a customer is a Certified Customer within five daysof contacting Vendor
• Provide Vendor a list of names, telephone numbers and a mail addresses of Agency staff
designated to make pledges on behalf of the Agency and Certified Clients, if requested from
Vendor.
The terms of any confidential transaction under this agreement or any other information exchanged by
the Agency and Vendor relating to any transaction shall not be disclosed to any person not employed or
retained by the Agency or Vendor,their affiliates,or brokers,except to the extent disclosure is 1)required
by law, 1) necessary to disclose to the other party in connection with a dispute between the parties; 3)
otherwise permitted by written consent of the other party, 4) required by guarantors to be disclosed, 5)
3 Revised January 2021
information which must be disclosed to a third party to transmit energy; 6) to meet reliability council,
regulatory,administrative,judicial,governmental,or regulated commodity exchange requirements where
necessary; or 7) information which was or is hereafter in the public domain (except by breach of this
Agreement).
If vendor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not
apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City
is prohibited from entering into a contract with a company for goods and services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
Vendor Agreement, Vendor Certifies that Vendor's signature provides written verification to City that
Vendor: (1)does not boycott Israel;and (2)will not boycott Israel during the term of the Agreement.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under the
Agreement, have access to and the right to examine any directly pertinent books,documents, papers and
records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have
access during normal working hours to all necessary Vendor facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this section. City
shall give Vendor reasonable advance notice of intended audits.
(Signature page follows)
4 Revised January 2021
� l
Authd*rtzJ44endor SignafLire Date
("tu' / S
Type N e of Authorized Signature Title
T' s" - #/s — 6O/Z
Vendor(Area Code)Telephone Number
Vendor Emil Ad ress
Dec 10,2021
Authorized Agency Signature Date
Victor Turner Director,Neighborhood Services
Typed Name of Authorized Signature Title
817-392-7540
Agency (Area Code)Telephone Number
CITY OF FORT WORTH,TEXAS:
1C'L-
Fernando Costa(Dec 17,202110:34 CST) Dec 17,2021
Fernando Costa Date
Assistant City Manager
RECOMMENDED:
f�1ry- L•1
By; Sonia snglet (Dec 17,202110:06 CST)
Sonia Singleton
Assistant Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY:
By:
Taylor Paris
Assistant City Attorney I
5 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
a� OR
ATTEST: ��F°�°°°°00 0��
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By: ��1 ./yao 0 o o=0
Ronald P. Gonzales ��
Acting City Secretary �d'� °o o �
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SEX Asap
Contract Authorization:
M&C: N/A
Date Approved: N/A No M&C required. Ordinance No. 24161-04-2020
CONTRACT COMPLIANCE MANAGER:
By signing below, I acknowledge that I am the person responsible for the monitoring and administration of
this contract, including ensuring all performance and reporting requirements.
Sonia Singleton
Assistant Neighborhood Services Director
6 CITY SECRETARY
T WORTH, TAX
J It
Form W=9 Request for Taxpayer Give Fore„to the
-,• (Rev.October2018) Identification Number and Certification requester.Do not
�em aevenueethe
TSerry cep ►Go to wwwJrs.Sov/FormW9 for Instructions and the latest Information. end to the IRS.
1 Name(as drown on your Income lax return).Name is required on this be;do not leave this One Wank.
NRG Energy, INC.
2 Business nameldiistegarded entity name.it dMermt from above
US RETAILERS, LLC dba CIRRO ENERGY
3 Check appropriate box for federal tax kdassiikatkmn of the perewr whose name Is entered on Irne 1.Cheek only one of the a Exemptions(code,apply only to
following seven boxes. certain entities.not Individuals:see
a an
❑ bxfiv;duaYsole proprietor or El Corporation [IPartnershipS Corporation ❑ Partnership ❑Tm Vaslate Instructions page 9►.
a single-membor LLC
Exempt payee cods(if any)
❑ Limited Lability company.Enter the tax classification(CeC corporation,S■S corporation,PoPartnership)►
Note:Check fits appropriate box In the One above for the tsLx claulficallat of the soille-r 18mber owner. Do not chock Exemption from FATCA reporting
LLC it the LLC Is classified as a single-member LLC that Is disregarded from the owns unless the owner of the LLC Is
another LLC Net Is not disregarded from the owner for U.S.federal to purposes.Otherwise,a single-member LLC that ,(it°n1A
Is dWegarded from the owner should cheek the appropriate box fa the tax eiassJNcatlon of Its owner.
Other(see instructions)► Worn to noww"0%%ftbw OLOAM ow u sJ
B Address(numbar,street,and apt.or suite no.)See bhatructions. Requesters name and address(opt"
P 0 Box 3188 City of Fort Worth
a City.state.and ZIP code 200 Texas St.
Houston.TX 77253-3188 Fort Worth, TX 76102
7 Ust account number(e)here(opt"
Taxpayer Identification Number IN
Enter your TIN in the appropriate box.The TIN provided must match the name given on[(no 1 to avoid social seeu number
backup withholding.For Individuals,this is generally your social security number(SSN).However,for a
resident allen,sole proprietor,or disregarded entity see the instructions for Part I,later.For other —F[I
—
entities,R Is your employer Identification number(EIN).R you do not have a number,see How to got a
TIN,later. or
Note:If the account is in more than one name,too the instructions for line 1.Also see What Name and loyw Identification number
Number To Givethe Requester for guidelines on whose number to enter. 4 1 — 2 - 3 g
Certifloation
Under ponalties of penury,I certify that;
1.The number shown on this form Is my correct taxpayer IdenlRicatlon number(or I am waiting for a number to be issued to me);and
2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure 10 report all Interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(,)entered on this lore ill any)Indicating that I am exempt from FATCA reporting is correct.
CoMestlon instructions.You must cross out Rom 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all Interest and dividends on your tax return.For real estate transactions,hem 2 does not apply.For mortgage Interest paid,
acquisition or abandonment of secured property,cancellation of dobt,oontrib utiom to an Individual retirement anv"ment ORA),and generally,payments
other than Interest and diddends, are not equirsd to sign the certification,but you must provide your correct TIN.Soo the Instruollorm for pan II,later.
Sign Mgnature of `
Herd U.S.person► tf, S Date D. l
General Instructl -its •Form 1099-DIV(dividends,Including lhu a from etocka of mknuei
hands)
Section references are to the Internal Revenue Coda unless otherwise .Form 1099•MISC(various typ6i of income,prizes.awards,or gross
noted proceeds)
Future developments.For the Islest Information about developments e Form 1099.8(stock or mutual fund sales and certain other
related to Form W-9 and he Instructions,such as logielmlon enacted transactions by broken)
after they were published,go to www.fn gov/FormW9.
•Form 1099•8(proceeds from real estate transactions)
Purpose of Form •Form 1099•K(morchant rod and third party network transactions)
An Individual or snthy(Form W•0 requester)who is required to file an •Form 1095(home mortgage Interest), 1 OWE(student ban Interest).
Information mium with the IRS must obtain your correct taxpayer 1028-T puitlon)
Identification number(TIN)which rosy be your social security number •Form 1099-C(canceled debt)
(SSM.W41vlduai taxpayer Identification number OI IN).adoption -Form 10p9 A(acquisition a abandonment of secured property)
laxia"r Identification number(ATllh,or employer identification numtm
(ERA,10 report on an Information Mum the amount paid to you,or other Use Form W-9 only 0 you am a U.S.porson(hxtudkng a reddent
amount reportable an an Information rotum.Examples of In ormalkum ahw%to provide your correct TIN.
returns Include,but are not limited to,the foltowk►g. It you do not+arum Foram W-0 to the Anqueste,with a 17N,you nVa
•Fortin 1099-INT(Interest owned or paid) be subject to backup withholding See What Is backup withholding.
later.
CAI.No 10nIx Form -0 rAv.10-?014)