HomeMy WebLinkAboutContract 56812 CSC No. 56812
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 Stream SPE, Ltd
(Vendor)
Vendor and Agency agree to assist customers in the following counties: Tarrant County
This agreement shall be effective from the 151 day of hmis.ilvd0l)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 Stream SPE, Ltd
(Vendor Name)
(Vendor Mailing Address)
City of Fort Worth; Neighborhood Services Department
(Agency Name)
200 Texas Street Fort Worth, TX 76102
(Agency Mailing Address)
OFFICIAL RECORD
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 normalbilling 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 m 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, 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)
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
e L x "--s
Z
Authoriz dor Sign6ture Date
C f , r
Typed Nafne of Authorized Signature Title
833 - Ya3 - WO
Vendor(Area Code)Telephone Number
p� e '
Vendor 6fnail Alddrefs
l/ �ut..�.e,�_ Dec 9,2021
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:
Dec 10,2021
Fernando Costa(Dec 10,202108:5
Fernando Costa Date
Assistant City Manager
RECOMMENDED:
f�1ry- &1
By: Soniasnglet (Dec9,202116:38CST)
Sonia Singleton
Assistant Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY:
By
Taylor Paris
Assistant City Attorney I
OFFICIAL RECORD
5 CITY SECRETARY
FT. WORTH, TX
ATTEST: X§' FORT��aa
O 0001o000o0
'Cy9A, ° �.p
By.�Ol1GlCGla GDl1zll,9, ,ffLyalfLgC/t�l c�BGlBt �l moo o��
Ronald P. Gonzales 00aft0 0
o o° d
Acting City Secretary 0000 o
00
0000000° a
Contract Authorization: ��nEXAso�p
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.
A, L.j
Sonirasnglet (Dec 9,202116:38 CST)
Sonia Singleton
Assistant Neighborhood Services Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Form Wes Request for Taxpayer Give Form to the
(Rev.October 2018) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to www.irs.gov/FormW9 for Instructions and the latest information.
1 Name(as shown on your Income tax return).Name Is required on this line;do not leave this line blank.
NRG Energy, INC
2 Business name/disregarded entity name,if different from above
Stream SPE, Ltd
3 Check appropriate box for federal lax classification of the person whose name Is entered on line 1-Check only one of the 4 Exemptions codes apply only to
Pe Y P ( PP Y Y
following seven boxes. certain entities,not Individuals;see
� ❑'' C Co i Instructlons on page 3):
c ❑ Individual/sole proprietor or Corporation ❑ S Corporation Partnership ❑ Trust/esiate
Gsingle-member LLC Exempt payee code Of any)
' ❑ Limited liability company Enter the tax classification(C C corporation,S S corporation,P=Partnership)
S No-
Note:Check the appropriate box In the line above for the tax classification of the single-member owner Do not check Exemption from FATCA reporting
LLC If the LLC Is classified as a single member LLC that Is disregarded from the owner unless the owner of the LLC Is code(If any)
another LLC that Is not disregarded from the owner for U S federal lax purposes Otherwise,a single-member LLC that
Is disregarded from the owner should check the appropr eta box for the tax classll cellon of Its owner
❑ Other(see Instructions)► APO"-M-1—ft-10"d cwIMM m.U5
6 Address(number,street,and apt or suite no)Soo Instructions Requester's name and address(optional)
P.o Box 3367 City of Fort Worth
6 City.state,and ZIP code
200 Texas St.
Houston,TX 77253.3367 Fort Worth, TX 76102
7 I-let account number(a)horn(opllonal)
• =M. Ta_pyour Identification Number(TIN) _ _
Enter your TIN n the appropriate box.The TIN provided must match the name given on line 1 to avo d soclsl security number
backup w thhold ng For ndiv'duals,this is generally your social security number(SSN) However,for s
resident al on,sole propr etor,or d sregarded entity,see the instructions for Pert I,later For other , l 1 -1 1 1 -�1
entit•es t is your employer identification number(EIN) II you do not have a number,see How to get a
TIN,later or
Note:If the account 9 n more than one name,see the instructions for line 1 Also sea What Name and I Employer IdsnlMaation number
Number To Give(he Requester for guidelines on whose number to enter
- _J_2 L
H
5 21 3 5 7 7 ;-1
[EMW Certification
Under penalties of perjury I certify that
1 The nurnber shown on this form is my correct taxpayer Identification number(or I um waiting for a number to be Issued to me),and
7 1 am not subject to backup withholding because (is)I am exempt from backup withholding,or(b)t have not been not fled by the Internal Hovenuo
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or d v Bends or(e)the IRS has not shod me that 1 am
no longer subject to backup withholding,and
3 1 am a U.S ei11/en or other U S person(dolinod below) and
4 The FATCA codo(s)unlisted on this form(II any)indiegihng!hot I am exempt from FATCA reporting is correct-
CertMlcation Instructions.You must cross out dam 7 above d you have twon notified by the IRS that you are currently subject to backup withholding bocnuso
you have foiled to report all interest and dividends on your Ina►alum.For real estate transactions.item 7 does not apply.For moligoge intofost pnid
acquisition or abandonment of secured proporty cencollalon of dobl.contributions to an ndividual retirement noungenont(IRA)-and gelorally,paymnnts
other than interest and dividends to giro 1 roqu Fall to igis the corlificallon,but you must provide your correct TIN.Soo Ilia instructions for Port 11,lolor,
�S
Sign slpn.lur.of --- 1 k14
/ W —
Here us p«.en. eels
General Instructions •Fo1r11 1000•OIV(dwldonds,inCludulg th000 from oloCkn or nwlual
funds)
SoCllon foforoncos lira to Iho Inlotnof jiovonun Cud"unloogs 0111ofw1so •form 1000•MISC(vNluun lypoe of Income.Fillings,awordo or groats
nolod p(ocoods)
Future developmenle.For Ili"Intent inloroiuthui about dovafopingli •Form 1000•1111(slog-k or mutual Iund onion and corinin ollulr
r"falod to Forrll W•0 Nid its Instructions such no lagiolnttoll oiling 1041 trannnch"lie by b(okers)
after Illoy worts puhfiohel-go to www us.gov/Fu/111w). •Folol 1000•S(proctiode hurl foul onlnlo Irullow Iloilo)
Purpose of Form •Form 1000 K pneChgitil card and Wild party nolwufk frntiunclnuiQ
An individtinl of utility(I orfo W 0 null/"gslol)wtio is Io(lUitot)it)fife,un •Fornl 1006 plumo nu)rlgnuo nllorri 1006 F (oludonl loon uilngo4q.
olfolmallon return with Ilia I145 inert ohlnin your conatA trimpr yllt 10116.1 (luihun)
idonldicauon numbot(TIN)which may t)o yout sot;iof soco ily otfnlb"r .Ftpin I009-C((.011(,01041110111)
ISSN).uulividuni Inxpnye Id"nldicutron rumba(IT IN).nglophoii •Fgt/m 1(x10•A(arqulsdum or tsbfindunmad ml se oral lllnj)mly)
laxpfiy"t hlantdicallorl nunl►xl1(AI IN),of amployal iflunlil4,niism tiuilihar
(FIN)•fit 1t11NHl till gill infer linihin laltim ilia nlmolini poll)it)yoti of oiling Use I ofoi W 0 only i1 You No a U 5 Istmeoll(im hiditiu 4 lost il"til
fillietlllt Iepoiri lints on nil 111totrnohgti rattllil I 4011111146 ill 1111ofloolii n title#%).to(Novnle yoot Cogirli TIN
loltirns ill01N1q hill file till)Mildred to Ilia folfi wiiitl If y074f fin F40►shirr,I olro W D In thin toglUostar with a ION )i might
•Fouli 101111•INI I-nasal"Ngingl or pail) his ruhla'I IU I)ACMIip wghholtllny Soo What is ling kill)wilhhohlnlu
141of
Cog Nn i11J fix t'.0m W+9 lllel 141 )olill