HomeMy WebLinkAboutContract 48194 CITY SECRK qyl
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NEIGHBOR-TO-NEIGHBOR PROGRAM AGA2 a
FOR ELECTRIC HOME ENERGY ASSISTANCE
This Neighbor to Neighbor Program Agreement ("Agreement") is entered into and effective
as of January 1, 2016 ("Effective Date"), by and between Direct Energy, LP ("Direct Energy"), CPL
Retail Energy, LP ("CPL Retail Energy"), WTU Retail Energy, LP ("WTU Retail Energy"), First
Choice Power, LP ("First Choice Power"), and/or Bounce Energy, Inc ("Bounce Energy") (together
the "REPs") and City of Fort Worth, a home rule municipality organized under the laws of the State
of Texas, for its Community Services Department (the "Administering Agency") (each referred to
herein as "Party" and collectively as the "Parties").
Purpose of Agreement:
Under this Agreement the Administering Agency and the REPs shall implement the
program known as "Neighbor-to-Neighbor," under which the REPs will provide funding in their
respective areas of operation to be used by the Administering Agency for payment of the Electric
Home Energy Expenses, as defined below, of needy people experiencing an energy emergency or
crisis. The Parties, in consideration of the promises and commitments found herein, agree as
follows:
I. Program Established
A. The Neighbor-to-Neighbor Program (hereinafter referred to as the "Program") is
hereby intended to help needy people experiencing an energy emergency or crisis pay their
Electric Home Energy Expenses. The REPs shall supply funding for the Program in their
respective areas of operation as described in Article II herein. The Administering Agency shall,
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subject to the terms of this Agreement, utilize these funds to aid needy people in paying their
Electric Home Energy Expenses.
B. "Electric Home Energy Expenses" shall mean any debt incurred by the Recipient for
the consumption of electric energy used (including consumption prepaid by the Recipient) in the
lighting, appliance usage, and cooling/heating of the primary residence of the Recipient. Debt
incurred may arise from both Prepaid and/or Postpaid electricity plans.
II. Program Funding
The REPs shall provide annual funding for the Program pursuant to the following terms.
The funding amount shall be determined annually at the REPs' sole discretion, with funds
allocated to the Administering Agency in two possible bi-annual disbursements. The first
disbursement shall occur no later than February 28th of each calendar year and the second
disbursement shall occur no later than August 31St of each calendar year.
III. Recipients
A. A Recipient is any individual who receives assistance as contemplated by this
Agreement. There can be only one Recipient for each household. In order to qualify as a
Recipient, an individual must meet all of the following conditions at the time he or she receives
this assistance:
1. The individual must be receiving residential electric service from a REP(s) at the
residence from which the subject Electric Home Energy Expenses arise.
2. The individual must reside at the service address and be responsible for the Electric
Home Energy Expenses to be paid.
Page 2 of 8
3. The individual must meet the income eligibility criteria established for the
Administering Agency that is based on household income not to exceed 200%
federal poverty guideline limit.
B. The Administering Agency shall select Recipients from those qualifying individuals
seeking assistance in its sole discretion, but the REPs may, from time to time, refer special cases
for consideration for assistance from the Program. The Administering Agency shall give due
consideration to any such special cases, but shall nonetheless retain the ultimate authority in
selecting Recipients.
IV. Use of Funds
A. All funds forwarded to the Administering Agency, subject to the administrative fee
discussed in Article VII, shall be used by the Administering Agency in accordance with this
Agreement to help Recipients pay their Electric Home Energy Expenses.
B. No Program funds may be used for utility deposits.
C. A Recipient can receive assistance from the Program of no more than a total of$600,
in any calendar year. Assistance provided may not exceed the actual Electric Home Energy
Expenses due at the time assistance is provided; or the estimated monthly Electric Home Energy
Expenses at the time assistance is provided.
D. Except to the extent specified in this Agreement, the REPs shall have no power or
authority to direct the Administering Agency in the management or control of the Program.
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V. Reports
The Administering Agency shall submit to each REP monthly reports, reflecting the total
receipts and disbursements of Program funds, the identity, location and address of each person
helped by the Program, and the amount of assistance received. The Administering Agency shall
submit each monthly report to the REPs, as appropriate, within 10 calendar days of the end of the
month being reported (the Neighbor to Neighbor Fund Disbursement Record form is attached as
Exhibit "B"). Such information and reports shall be available for audit verification by the REPs or
their designated agents, at their individual expense. The Administering Agency agrees to maintain
all records necessary to permit the REPs to verify the accuracy of such reports and information for
a minimum of two years. The Administering Agency's obligation to maintain records shall survive
termination of this Agreement.
VI. Term of Agreement
A. This Agreement shall become effective on August 1St, 2016, and shall continue in
effect for an initial term through December 31St, 2016, and may be renewed annually with the
signature of all parties. The Administering Agency, with or without cause, may terminate this
Agreement at any time by delivering written notice of termination to the REPs at least thirty (30)
days prior to the effective date of termination. The REPs may terminate this Agreement with the
consent of the Administering Agency or for failure of the Administering Agency to meet the terms
and conditions of this Agreement, by delivering written notice of termination to the Administering
Agency at least thirty (30) days prior to the effective date of termination.
B. Upon termination of this Agreement, the Administering Agency agrees to return,
within sixty calendar days, any balance of funds in the Program to the REPs for distribution.
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VII. Administrative Fees
The administrative fee retained by the Administering Agency is intended to cover only
Program costs. Program costs include costs directly related to Program outreach, application
processing, accounting, reporting, and other Program activities. To defray the cost of the
Administering Agency's duties and responsibilities for outreach, application processing,
accounting, reporting, and other related Program administration activities, the Administering
Agency shall be entitled to retain up to 10% of the total annual funding provided under this
Agreement.
VIII. Contractor Performance
A. The Administering Agency shall, on an equitable basis throughout its service area,
disburse funds for the Program. The Administering Agency shall operate the Program consistent
with this Agreement in conformance with applicable accounting and reporting standards.
B. The Administering Agency agrees to use diligent, good faith efforts to fully distribute
all funds less the administrative fee for the benefit of Recipient households on an annual basis.
C. The failure of the Administering Agency to distribute at least 85% of the total
available funds for a given calendar year shall entitle the REPs to terminate this Agreement in the
manner set forth below:
1. The REPs will suspend annual funding from the Administering Agency if it fails to
distribute at least 85% of the total available funds in a given calendar year.
2. In the event funding is suspended, the Administering Agency will undergo a
probation period of 6 months (or until the next allocation of funds), after which the
REPs will evaluate its progress and determine its eligibility for additional funds.
Page 5 of 8
3. If the Administering Agency has not utilized at least 85% of its funds in a given
calendar year, the Administering Agency will have its annual funding suspended and
be required to return the remaining balance to the REPS within sixty calendar days.
D. The failure of the Administering Agency to submit timely monthly reports shall
entitle the REPs to terminate this Agreement in the manner set forth above.
IX. Miscellaneous
A. Any notices to be given by the Parties shall be in writing and shall be sent by
certified or registered mail. Addresses for notice are as follows:
Tara Norris Administering Agency
Energy Assistance Program Coordinator
City of Fort Worth
Direct Energy, LP 1000 Throckmorton Street
6502 S Yale Ave Fort Worth, TX 76102
Tulsa, OK 74136
Attention: Sonia Singleton,Assistant Director
Attention: Neighbor-to-Neighbor Program Neighbor Services Department
B. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas.
C. This Agreement can be modified or amended only by an agreement in writing
executed by the authorized representatives of all Parties.
D. This Agreement will supersede and replace any previous agreements between the
Parties related to the Program.
E. This Agreement may be executed by facsimile signature and in any number of
counterparts. Each counterpart when so executed shall be deemed to be an original and all of
which together shall constitute one and the same Agreement.
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F. Form 1295 Compliance. Direct Energy acknowledges and agrees that it has fully,
accurately, and completely disclosed all interested parties in the attached- Form 1295, and has
acknowledged the completeness of this disclosure by filing the Form 1295, attached as Exhibit A,
with the Texas Ethics Commission as required by law.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized officers as of the Effective Date set forth above.
[SIGNATURES ON NEXT PAGE]
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Direct Energy, LP by its general partner CPL Retail Energy, LP by its general partner, Centrica
Direct Energy GP, LLC Holdco GP, LLC ,�,,�QQ ��j� WSignature:_ C, Signature: L ly
Print Name: Mark Boyd Print Name: Mark Boyd
Title: Sr. Director, Back office Management Title: Sr. Director, Back office Management
WTU Retail Energy, LP by its general First Choice Power, LP by its general partner, First
partner Centrica Holdco GP, LLC Choice Power GP, LLC
cam'
Signature: Signature:
Print Name: Mark Boyd Print Name: Mark Boyd
Title: Sr. Director, Back office Management Title: Sr. Director, Back office Management
Bounce Energy, Inc
Signature: t
Print Name: Mark Boyd
Title: Sr. Director, Back office Management
City of Fort Worth
Fernando Costa
Assistant City Manager, City of Fort Worth
pr ved as to Form and Legality:
R ige Meban A istant.FityAttorney
gAttest:
Mary J. Kftys;(r,`CiV Secretary
M&C No: C-2782 /
129S Certification: [l '7
Page 8 of 8
M&C Review Page 1 of 2
Official site of tlie City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT ORTII
COUNCIL ACTION: Approved on 8/2/2016 - Ordinance No. 22324-08-2016
DATE: 8/2/2016 REFERENCE NO.:**C-27828 LOG NAME: 19DIRECTENERGY-2016
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Acceptance of an Amount Up to $50,000.00 and Execution of an
Agreement with Direct Energy for the Neighbor-to-Neighbor Utility Assistance Program
and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of an amount up to $50,000.00 and the execution of an Agreement with
Direct Energy for the Neighbor-to-Neighbor Utility Assistance Program; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount up to $50,000.00, subject to receipt of the grant.
DISCUSSION:
Direct Energy's Neighbor-to-Neighbor Utility Assistance Program was established in 2003. The goal
of the program is to provide funding to social service agencies to use for utility assistance for Direct
Energy's low income customers. The program is funded by customer donations and a company
contribution. Clients may receive up to $600.00 per year for assistance and must live within Tarrant
County.
This is the first time that the City will apply for these funds and will assist approximately eighty-three
Fort Worth and Tarrant County families. The Neighborhood Services Department, Community
Services Division, Community Action Partners will administer the program, if awarded.
No matching funds are required.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Fund. This is an advance grant.
hup://apps.cfwnet.org/council_packet/mc review.asp?ID=22278&councildate=8/2/2016 9/20/2016
M&C Review Page 2 of 2
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
21003 0190444 5XXXXXX XXXXXX XXXXXX $50,000.00
21003 0190444 4XXXXXX XXXXXX XXX)OCX $50,000.00
FROM
Fund Department Account Project Program I Activity Budget Reference# Amount
ID I I ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
19directenergy 2016 Grant AO.docx
Form 1295 Direct Energy.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22278&councildate=8/2/2016 9/20/2016
CERTIFICATE OF INTERESTED PARTIES FORM 1295
Soft
7-7
Complete Nos.1-4 and 6 If there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-50421
Direct Energy
Houston,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 05/05/2016
being filed.
City of Fort Worth Neighborhood Services Department Date Acknowledge
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Neighbor to Neighbor
Donations for Electricity Assistance
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
I
I
i
a
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, affirm,under penalty of perjury,that the above disclosure is true and correct.
Notary Public Oklahoma
z"• . OFFICIAL SEAL
MICHELLE L Tulsa CounllyylLL
t I
•tit ' Commission#15001@39
Exp.February 20,2019 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworp to and subscribed before me,by the said ! -.this the l. day of
20 ,to certify which,witness my hand and seal of office.
v ; .l� x...11 � �crh -( , —i ( ( —•, �
Signature of officer administering oath Printed name of officer administering oath Title of officer adtninistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021