HomeMy WebLinkAboutContract 43572 C%'trY SECRETARY
COWRACT NOS
ENERGY AID AGREEMENT BETWEEN 'THE CITY of FORT WORTH AND TXU
ENERGY RETAM M A Y, L.P.
This Energy Aid Agreement ("Agreement") is made, entered and effective as of 1h
day of ` �� 2012 "Effective Date"),, by and between TXU Energy Retail.
Company, L.P. on be alf of itself and its affiliated companies Company"''),, acting by and
through its duly authorized agent from TXU Energy Management Company, lC, its General
Partner, and the City of Fort Worth ("City"), a home-rule municipal corporation located in
Tarrant, Denton and Wise Counties, acting by and through its duly authorized Assistant City
Manager,
RECITALS
Company and City recognize the need for providing charitable assistance to persons in
financial distress to meet energy-related costs essential to those individuals' health and welfare.
Company has developed the T'XU Energy Aid Program 'Energy Aids) as a supplement
to government and community aid programs designed to assist persons in financial distress to
meet their energy related costs.
The City's Pars and Community Services Department receives certain grant funds and
Comprehensive Energy Assistance Program funds administered through its Community Action
Partners ("CAP"" and serves as the Community Action.Agency for Tarrant County,,
CAP provides comprehensive services to economically disadvantaged individuals,
families, and the elderly residing in Tarrant County and strives to empower participants to
become and remain self-sufficient.
City recd sizes that Energy Aid is a program or providing charitable assistance to
individuals that helps to fulfill the purposes of the CAS".
Company will act merely as a conduit for contributions made by others so that the City,
C' , and other nonprofit charitable organizations can use and apply such contributions for the
charitable purposes of Energy Aid in meeting the needs of the poor, disabled, sick and
disadvantaged for electricity service.
AGREEMENT
In consideration of the mutual covenants hereinafter set forth., Company and City hereby
agree as follows
11 Energy Aid
City acknowledges that Company has established Energy Aid and that said program is
funded by voluntary contributions from Company, its customers, employees and third parties.
Without limitation, City further acknowledges that the policies and procedures governing the
collection and the disbursement of the funds contributed to Energy Aid (the 'Energy Aid Funds"
Energy Aid Agreement Between The City of Fort Worth and TXU Energy Retail Company,L.P. OFFICIAL RKRD
CITY SECRETAM
°p 'tJ TX
shall be established and may be modified by Company, at its sole discretion. However, prior to
initiating any modification to the policies and procedures, Company agrees to notify the City
within a reasonable time so that the City may have input and account for any potential effects to
its own program.
I Funds
Nothwithstanding any other provision of this Agreement to the contrary,, the total of all
payments by Company under this Agreement shall not exceed the sum of $450,000.00.
Company from time-to-time will allocate a portion of the Energy Aid Funds to City for use by
CAP. All monies so allocated will be either in the form of a credit or payment to City. City will
use said funds as provided herein.
Company reserves,the right to request that City refund to Company all Energy Aid Funds
not distributed by City. If the Energy Aid, Funds were paid directly to City, the City will forward
payment to Company within thirty (30): days of receipt of Company's, request. Company reserves,
the right to cease distribution of Energy Aid Funds to City at Company's discretion with thirty
(30) days' notice.
I Fund Guidelines
3,61 A person seeking assistance (a "Beneficiary") from City does not have to
meet federal poverty income guidelines in order to be eligible to receive Energy Aid Funds.
12 A Beneficiary must be the named person or full-time resident on the
electric account for which assistance is being requested.
3.3 Energy Aid Funds may only be used to pay Company electricity bills.
3*4 A Beneficiary will be entitled to receive Energy Aid Funds only one (1)
time per calendar year; provided, however, City may., on a case-by-case basis, make exceptions
for specific Beneficiaries, if in City's reasonable opinion such exceptions are warranted given the
circumstances.
31*51 A Beneficiary will not be entitled to receive Energy Aid Funds unless the
Beneficiary has executed an information release forrn granting City the right to contact third
parties in order to obtain information regarding the Beneficiary.
4. Energy Aid Monthly Report
City will complete the Ever Aid Monthly Report attached hereto and return the same to
Company no later than,the tenth (10 ) day of the month following the month for which the report
is being submitted. Company may from time-to-time amend the form, content and information
requested in the Energy Aid Monthly Report by providing thirty (30) days' advance written
notice to City.
Energy Aid Agreement Between The City of Fort Worth and T Energy Retail Company,L,P, 2 of 6
5. Energy Aid File
City will maintain a file and record of each and every transfer of Energy Aid Funds.
Such file shall contain, without limitation, the following:
i} A copy of all checks evidencing monies received from Company
or third parties or in conjunction with Energy Aid; and
GO A copy of each completed Energy Aid Report.
6. Right to Audit
Company and its designated agents, representatives, accountants and attorneys shall have
fall access, at all reasonable times, to the properties, books and records of City and CAP for
examination of City's and CAR's administration of Energy Aid Funds-, provided however, this
Section shall not be interpreted as granting Company the right to control] how City determines
which Beneficiaries, will be entitled to receive Energy Aid Funds or how City governs its day-to-
day business.
7'. Non-exclusive Agreement
City acknowledges that Company may enter into one or more agreements with other
charitable organizations, including charitable organization located within City's service area,
pursuant to which such organization will be eligible to participate in Energy Aid.
S. Term and Termination
This Agreement shall begin on the Effective Date and expire on December 3 1, 2014,
unless earlier terminated. Either City or Company may terminate this Agreement, with or
without cause, upon thirty (3 0) days written notice to the other party.
% Miscellaneous
9.1 Governinji Law. This Agreement will be governed by the laws of the
State of Texas without regard to conflicts of laws principles.
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 right of the party giving such notice or demand to take her action without
notice or demand as provided in this Agreement.
Energy Aid Agreement Between The City of For Worth and TXU Energy Retail Company,L.P. 3 6
93 Bindigg Effect 40 Delmation 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, it any entity with which the Company may
merge or consolidate or to which all or substantially all of its assets, may be transferred. 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 the Company: TXU Energy
Energy Assistance Group
P. 0. : ox 650257
Dallas, TX 75265�-0257
1-800-645-4601
1-8010-556-6753 (fax)
If to City.., City of Fort Worth
Parks and Comm-unity Services Department
Community Action Partners,
4200 South Freeway, Ste, 2200
Fort Worth, TX 76115,-1499:
817-392-5774
8
17-392-5776 (fax)
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 A,greement, 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
writing signed by each of the parties hereto.
9,6 Section Headings and Construction. The headings of Sections in this
I
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
Energy Aid Agreement Between The City of Fort Worth and TXU Energy Retail Company,L.P. 4 of 6
gender or number as the circumstances require. Unless otherwise ise expressly provided, the word
`including"does not limit the preceding words or terms.
9.7 Severabililly. 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 Venue and Jurl'sdi'efion. 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. This Agreement shall be construed in
accordance with the laws of the State of Texas.
9.10 Signature Authori!j. The person signing this Agreement hereby warrants
that he or she has the legal authority to execute this Agreement on behalf of his or her respective
Party, and that such binding, authority has been granted by proper order, resolution, ordinance or
other authorization of the entity. The other Party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
9.11 Review of Counsel. The Parties acknowledge that each Party and its
counsel have reviewed and revised this Agreement and that the normal rules of construction to
the effect that any ambiguities are to be resolved against the drafting party shall not be employed
in the interpretation of this Agreement or exhibits hereto.
9.12 Authorisation. By executing this Agreement, Company's agent affin-ns,
that he or she is authorized by the Company to execute this Agreement and that all
representations made herein with regard to Company's, identity, address, and legal status,
(corporation, partnership, individual, dba, etc.) are true and correct.
9.13 Independent Contractor. It is expressly understood and agreed that City
shall operate as an independent entity in each and every respect hereunder and not as an agent,
representative, or employee of the Company. City shall have the exclusive control and the
exclusive right to control all details and day-to-day operations mid activities relative to operation
of the City and shall be solely responsible for the acts and omissions of its officers,, agents,
servants,,, and employees. City acknowledges that the doctrine of respondeat superior shall not
apply as between the City and Company, its officers, agents, servants, employees, contractors,
subcontractors, licenses, and invitees. Nothing contained in this Agreement shall be construed as
the creation of a partnership orJoint,enterprise between the City and Company.,
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Energy Aid Agreement Between The City of Fort Worth and TXU Energy Retail Company,L.P. 5 of 6
11' WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date
above first written above.
TXU ENERGY RETAIL COMPANY, L.P. CITY OF FORT WORTH
By: TXU Energy Management
Company, LLC, Its General
Partner
By
By
:........ UA I -
Kim Campbell, an(a tlorized agent S san Alanis
Senior Manager m
, Cu'stoer Advocacy Issistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. W ch
Assistant City Attorney
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Mary J. Kayser LV Zl--/
City Secretary
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Contract Authorization:
m&C: C-,25742
Date: July 17,,, 20�12
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OFFICIAL RECORD
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Energy Aid Agreement Between The City of Fort Worth and T Energy Retail Company,L.P. 6 of 6
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CrrY COUNCIL AGENDA FORT
COUNCIL ACIION: Approved on 17/20 -ordinance No. 20291-07-2012
DATE: 7/17/2012 REFERENCE NO.,: **C-25742 LOG,NAME: 80TX, 2012-ENERGY
AID
CODE*- C TYPE, CONSENT
PUBLIC NO
SUBJECT: ,authorize Execution of an Agreement with TXU Energy Detail company, L.P., in the
Amount.Up to$450,000.00 for the Energy grid Program and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS
RECO MEND T N:
It is recommended that the City council-.
1. Authorize the execution of an Agreement with TXU Energy Retail Company, ...P., in the amount
up to$450,0 00.00 for the Energy Aid Program through December 31, 201 and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations %n
the Grants Fund in the amount of$4 a ,000.0 .
DISC NON:
TXU Energy Retail Company, L.P. TXU1 Energy), has developed the Energy Aid Program as a
supplement to government and community aid programs designed to assist persons in financial
distress to meet their energy-related costs. Since 2004, the city of Fort Worth Parks and Community
Services Department'!s Community Action Partners Program, an Energy Aid Programs recipient, has
received funds from TXU Energy to assist low-income TXU Energy customers with their electric bills.
total of 4,455 Tarrant bounty households have been assisted under this program with grant funds
totaling,x'1,263,152. +0. It is projected that under this new Agreement, up,to, 1,58, qualified
households will receive assistance.
This Agreement will begin upon execution and expire on December 31,1 2014.
FISCAL INFORMAlION/CERTIFICAIION:
The Financial Management Services Director 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.
To Eund/Account cenfera FROM Ful]OLA,,ccountlCenters
'75 451,999 080499559000 J!1501000-0
G 76 GR76 5X xXX 0 0 4 956 XXX M504000-0
Submitted for ci Mana eee ce b► Susan lanis 1,8o
or" Lnafln ��De ent Head: Richard Zavala(570 4)
Addif onall lnformatton Co ntact: Sonia Singleton(5774)
ATTACHMEN
&0TXQ2012-ENERGYAID A01 2 freVise h� - ap �:,c cf.e r '"o c �1 ac et/m review.asp?ID=16 805&co u c d gte.--7/1700 191
1 ��� ����
Ordinance No,
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND, APPROPRIATIONS
IN THE GRANTS FUND IN THE AMOUNT OF $450,000.00, SUBJECT TO RECEIPT OF
FUNDS FROM THE TXU ENERGY AID PROGRAM, FOR THE PURPOSE OF FUNDING
THE ENERGY AID PROGRAM THROUGH DECEMBER 31, 2014; PROVIDING FOR A
SIE,VE,RAB,IL,IITY 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'COU'NCIL of THE CITY of FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2011-2012 in the
Budget of the City Manager, there shall also be increased, estimated: receipts, and appropriations, in the
Grants Fund in the amount of$450,000.00, subject to receipt of funds from the TXU Energy Aid Program,
for the purpose of the fu:nd:i,ng,the Energy Aid Program through December 311, 2014.1
SECTION 2.
That should any poirtioln, 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.19911-09-2011 and ial,l, 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,1 in which instance said conflicting pirolvis,ions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY-
Assistant City,Attorney
ADOPTED AND EFFECTIVE.-
F'