HomeMy WebLinkAboutContract 53340 CSC No.53340
04
®� Js�G VENDOR AGREEME-NT
COMPREHENSIVE ENEROYASSISTANOE 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, (or"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, (or"Agency",) agrees to
make payments only for eligible low-income clients.
This vendor agreement is by and between:
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Energy Assistance Provider(Agency)
Direct Energy
(Vendor)
Vendor and Agency agree to assist customers in the following counties: 1AI1An1-QQ DU
This agreement shall be effective from the 1 day of January,2020 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.
Direct Energy
(Vendor Name)
6502 S Yalve Ave 3rd Floor Tulsa, OK 74136
(Vendor Mailing Address)
City of Fort Worth; Neighborhood Services Department
(Agency Name)
200 Texas Street Fort Worth TX 76102
(Agency Mailing Address)
Revised August 2019
UFFICIAL RECORD
�°IT SEERETARY
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 LEAP applicant's energy service for up to five business days while the Agency
determines whether the CEAP applicant is eligible pursuant to the CEAP guidelines.
• 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 of customer in an economically distressed geographic
area, or qualification for low-income or energy-efficiency services.
Revised August 2019
• 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
other state agency regulations(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 days of contacting Vendor.
• Provide Vendor a list of names,telephone numbers and e-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;2)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) 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)of information which was
or is hereafter in the public domain (except by breach of this Agreement).
Revised August 2019
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 or 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]
Revised August 2019
Au orized Vendor Signature Date
Tara Norris Energy Assistance Program Coordinator
Typed Name of Authorized Signature Title
(866) 208-2533
Vendor(Area Code)Telephone Number Date
de_agency@directenergy.com
Vendor Email Address
CITY OF FORT WORTH, TEXAS:
Fernando Costa(Dec 31,2019) Dec 31,2019
Fernando Costa Date
Assistant City Manager
RECOMMENDED:
By: ,� ds(D-2s MY
Marie Francis
Human Services Manager
APPROVED AS TO FORM AND LEGALITY:
a e
By: Matt Murray(Dec 31,201
Matthew Murray
Assistant City Attorney Iab -
ATTEST:
fof-Ronald P. Gonzales °
By: for Ronald P.Gonzales(Dec 31,2019) 6d
Mary J. Kayser
City Secretary
Contract Authorization:
M&C: NIA
Date Approved: N/A
Revised August 2019
OFFICOAL RECORD
aTy SECRETARY
FT WORTH, t A �I
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.
'ra cis(Dec __
Marie Francis
Human Services Manager
Revised August 201i-
MCNAL RECORD
COTS SECRETARY