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HomeMy WebLinkAboutContract 56883 CSC No. 56883 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 Direct Enegry (Vendor) Vendor and Agency agree to assist customers in the following counties: Tarrant County This agreement shall be effective from the 1st day of i,+1111.11Y MI)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 Direct Enegry (Vendor Name) I -L- 4 �)Z 0-30 (Vendor Mailing Address) City of Fort Worth; Neighborhood Services Department (Agency Name) 200 Texas Street Fort Worth, TX 76102 (Agency Mailing Address) OFFICIAL RECORD 1 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 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 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 mad 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, A)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) Revised January 2021 c /Zl AuthVW Vendor S gnat Date Typeq N fne of Authorized Signature Title kY-463 - aV0 2.,1 Vendor(Area/Code)Telephones Number l R /�i (�S S2AJM & c�. ecf P"u• Vendor E ail Addregs U Dec 10,2021 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: cL— Fernando Costa(Dec 17,202110:34 CST, Dec 17,2021 Fernando Costa Date Assistant City Manager RECOMMENDED: By. Sonih,n�p,ek 1(Dec 17,202110.07 CST) 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: p o'-0T 0 aa� Ay 00d p�o° °I d 0 Ronald P.Gonzales 0 0o p Acting City Secretary ���°0 0� *d 0 a �000000� att nEXA`�.�a�p Contract Authorization: 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 cAo.n+trract, including ensuring all performance and reporting requirements. Sonia 5ingleti( (Dec 17,202110:07 CST) Sonia Singleton Assistant Neighborhood Services Director OFFICIAL RECORD G CITY SECRETARY FT. WORTH, TX Form W=9 Request for Taxpayer Give Form to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.)rs.gov/FormWS 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. Direct Energy Marketing Inc. 2 Business name/disregarded entity name,if different from above Direct Energy LP 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes certain entities.not Individuals,see ElIndividual/sole proprietor or 21 C Corporation Instructions on page 3): ❑S Corporation ❑ Partnership ❑Trust/estate Act single-member LLC Exempt payee code(if any) ' ❑ Limited liability company Enter the tax classification(C=C corporation,S S corporation,P=Partnership)► 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 c 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) .CC — another LLC that is not disregarded from the owner for U S federal tax purposes Otherwise,a single member LLC that _ is disregarded from the owner should check the appropriate box for the tax classification of its owner ❑ Other(see instructions)► s) 5 Address(number,street,and apt or suite no)Soo Instructions Requesters name and addres (optional) P.O Box 2349 �� �a 8 City,state,and ZIP code �O ;e je)G S St' Houston,TX 77252.2349 ?LOA f•W ZI&IDa 7 1,at account numbor(1)horn(ophonol) Taxpayer Identification Number(TIN) Fnter your TIN in the appropriate box The TIN provided must match the name given on line 1 to avoid I Social security number III backup withholding For individuals,this is generally your social security number(SSN) However,for is resident alwn,solo proprietor,or disregarded entity,soo Iha instructions for Pert I,later For other unlihoy,it Is your ernployor identification number(FIN) If you do not have a number,soo How to got a TIN,Inter or Note:If the account is fit nwro than one male,soo the instructions for Will 1 Also soo What None and I Employer Identification number Number To Give the%questef for guidelines on whose number to enter 9 8 - 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