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Home My WebLink AboutContract 48867i � r ` -� . nA Ff � RECEIVED �I�. MAFR 1 ;�:ii� CITY OF FORT WORTH CITY SECRETARY NEIGHBOR-TO-NEIGHBOR PROGR.AM AGREEIV��'SECRETAR� l.F" FOR ELECTRIC HOME ENERGY ASSISTANC �ONTRACT N0. �� This Neighbor to Neighbor Program Agreement ("Agreement") is entered into and effective as of January 1, 2017 ("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, LLC ("First Choice Power"), and/or Bounce Energy, LP ( "Bounce Energy") (together the "REPs") and City of Fort Worth (The "Administering Agency") an established social service agency under Section 501(c) (3) of the United States Internal Revenue Code, or other; are 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. Pro�ram 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 Ener�y 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, subject to the terms of this Agreement, utilize these funds to aid needy people in paying their Electric Home Energy Expenses and shall coordinate the Program with the Low Income Home Energy Assistance Program (LIHEAP). B. "Electric Home Energy Expenses" shall mean any debt incurred by the Recipient for the consumption of electric energy used (including consumntion brebaid by the Page 1 of 7 ��IC��. ��j� C�r�r $��ra�Y Fr, w�oar�, Yx 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 REP's sole discretion, with funds allocated to the Administering Agency in two potential 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 315t 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. l. 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. 3. The individual must meet the income eligibility criteria based on household income not to exceed 200% of the 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. Page 2 of 7 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 �700, 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. Fees can be paid using Neighbor to Neighbor funds. E. Except to the extent speciiied in this Agreement, the REPs shall have no power or authority to direct the Administering Agency in the management or control of the Program. V. Reports The Administering Agency shall submit to each REP monthly reports, reflecting the total receipts and disbursements of Program funds, the identity, of each person helped by the Program, the company the customer is with, and the amount of assistance received. The Administering Agency shall submit each monthly report to REPs as appropriate, within 10 calendar days of the end of the month being reported. 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 Page 3 of 7 A. This Agreement shall become effective on January lst, 2017, and shall continue in effect for an initial term through December 31St, 2017, and may be renewed annually each January with the signatures of both Parties. The Agency can still utilize program funding until the next years agreement is executed. The Administering Agency may terminate this Agreement at anytime 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 si�ty calendar days, any balance of funds in the Program to the REPs for distribution. 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. Retainer of the administrative fee is optional. If the Administering Agency wishes to utilize the administrative fee for utility assistance, an email to the Program Coordinator can be sent, clearly stating how they wish to use the administrative fee for each disbursement. VIII. Contractor Performance Page 4 of 7 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 beneiit 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: l. The REPs will suspend annual funding from agencies that fail to distribute at least 85% of the total available funds in a given calendar year. 2. Agencies with suspended funding 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. 3. Agencies that have not utilized at least 85% of their funds in a given calendar year will have their annual funding suspended and be required to return the remaining balance to the REPs within s�ty 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. Miscellaneo A. Any notices to be given by either Party 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 Ener�y 1000 Throckmorton Street Page 5 of 7 6502 S Yale Ave #300 Tulsa, OK 74136 Attention: Neighbor-to-Neighbor Program Fort Worth, TX 76102 Attention: Neighbor-to-Neighbor Program and/or Marie Francis 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. 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. Direct Energy, LP by its general partner Direct Energy GP, LLC CPL Retail Energy, LP by its general partner, Centrica Holdco GP, LLC Signature: Signature: � . � Print Name: Janice Richardson int Name: Janice Richardson Title: Sr. Manager, Credit and Debt Title: Sr. Manager, Credit and Debt Operations WTU Retail Energy, LP by its general partner Centrica Holdco GP, LLC Operations First Choice Power, LLC ;,__—_ --- � �FFICIAL REC�3RPi : Page 6 of 7 � �1'�Y $ECi��Y j,� t.,,l�!�'TH, iX �,"�,...�. �.._ ..�_ -. ._ Signatu : Signature: � " , - -; ` 9 � � 1- u . / Print Name: Janice Richardson rht Name: Janice Richardson Title: Sr. Manager, Credit and Debt Title: Sr. Manager, Credit and Debt Operations Bounce Ener�y, Inc Signature: rint Name: Jan ce Richardson Title: Sr. Manager, Credit and Debt Operations Operations City of Fort Worth C---' / ; Signature: i �1�a...�.do ..,� Print Name: ��i"i')�?�'1C/p C�S�Z Title: �55� ��if ��?f��yc'r Page 7 of 7 OFFICIAI. RECQRD �li'Y SECRE7`ARY �: W4RTH, TX 1 NEIGHBOR-TO-NEIGHBOR PROGRAM AGREEMENT FOR ELECTRIC HOME ENERGY ASSISTANCE APPROVED AS TO FORM AND LEGALITY: ��, _ � �[� ��S�.T(� �-(.�5� Paige Meb ne Assistant City Attot�ey � �' �� ATTEST: ��"' � � — � �:' :� ; �� ; � ary J. er e ��•. � City Secretary "�j�P� M&C C-27999 Dated: December 6, 2016 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. , � ,C; 'Y`L(.�v � ,� Sonia Singleton, s'stant Director Neighborhood Se ices @FFICIAL R�CORD CfTY SECR�TARY FT. WORiM�, �'� M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FOR�O�TFI COUNCIL ACTION: Approved on 12/6/2016 - Ordinance No. 22509-12-2016 DATE: CODE: 12/6/2016 REFERENCE NO.. C TYPE: **C-27999 LOG NAME: CONSENT PUBLIC HEARING: 19DIRECTENERGY-2017 SUBJECT: Authorize Acceptance of a Grant in an Amount Up to $25,000.00 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 a grant in an amount up to $25,000.00 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 $25,000.00, 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. The City will assist approximatefy 42 Fort Worth and Tarrant County families. The Neighborhood Services Department, Community Services Division and 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. Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 21 http://apps.cfwnet.org/council�acket/mc review.asp?ID=24030&councildate=l2/6/2016 3/6/2017 M&C Review Submitted for Citv Manaaer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS 19DIRECTENERGY-2017 AO.docx Direct Energy 5-5-2016.pdf Fernando Costa (6122) Aubrey Thagard (8187) Sonia Singleton (5774) http://apps.cfwnet.org/council�acket/mc review.asp?ID=24030&councildate=l2/6/2016 Page 2 of 2 3/6/2017