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Home My WebLink AboutContract 57915 CSC No. 57915 PUBLIC UTILITIES VENDOR AGREEMENT COMPREHENSIVE ENERaGYASSISTANCE 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 3eligible law-income clients. The Energy Services provider("Vendor"), agrees to honor the purpose of'the LEAP Ararit and to accept pledges of payment from LEAP 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 cllenis. This vendor agreement is by and betweent City of Fort Worth' and Energy Assistance Provider(Agency) 300.0 Energy Corp dba Penstar Power (Vendor) Vendor and Agency agree to assist customers in the following counties. Tarrant.County This agreeme"nt shall be effective from the 8th day of August 2O22 and will expire ran the ..._. 31st day of - c-eMber 2023 Either party may terminate this agreement by written notice. Such written notice of termination shall not affect any obligation by either party Incurred'prrior to the receipt::of such notice.Notice shall be sent via certified mail with return receipt requested. 3000 Energy Corp dba Penstar Power (Vendor Name) (Vendor Mailing Address) City of Fort Worth; {Neighborhood Services Department Agency Name. 200 Texas Street Fort Worth,TX 76102 (Agency Ntlailing Address') Revised January-.2021 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 reamed 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 w111,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 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"andiorTexas Railroad Com mission. • In the event the full past due balance is not(raid 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-ter written request from Agency, provide at no cost to the Agency the Certified Customer's billing and usage history for previous twelve months, ter available history plus monthly estimates if lessthan twelve months.of billing history and usage is available. Vendorwill transmit such billing history via electronic mail or facsimile as soon as possible,but no later than forty-eight hours followingthe 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.. • blot eefuseto 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 Devised 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. a Not interrupt:service if Certified Customer is eligible under RUC 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 rneetingthe 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 w(Ill; •- 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 programand 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.. o 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 boycot. Israel; and ( ) wily 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.D01 of the Texas Government Code. By signing this Vendor Agreement,Vendor Certifies that Vendoes signature provides written:verificatlon 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 (3J yearn 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 adecluate: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 Z02.1 zZ Authorized Vendor gnatdre Date TUti'V S w✓ A--.A 6—e Typed Name of Authorized Signature. Title 214 3v- 6"70c) Vendor(Area Code)Telephone Number a-e 44vw . Cowl Vendor *bail Address Jul 22, 2022 Authorized Agency Signature Date Victor Turner Director Typed Name of Authorized Signature Title 8,17-392-7540 Agency(Area Code)Telephone.Number CITY OF FORT WORTH,TEXAS: *Victor Turner has been delegated the proper authority to execute this document on behalf of the City pursuant to an Interoffice Memorandums from the City Manager dated July 20,2021. RECOMMENDED: By;_A Sonia Singleton Assistant;Neighborhood Services Director APPROVED A5 TO FORM AND LEGALITY: U � By, Jessika Williams Assistant City Attorney i OFFICIAL RECORD CITY SECRETARY 5 FT. WORTH, TX iR1TE5iT: oiOFORr4 a �7q�� GOOGfGIGG 9�►o �.p�d By; Jannette S.Goodall(Jul 28,202216:04 CDT) ��O 00 0 40 7 O lannette Goodall ° ° o* d City Secretary 0 O 0° d °0000000° .O Contract Authorization, a�nEXASoAp lei&C. N/A pate Approved;N/A No M&C required.Ordinance No..24161=04-2020 CONTRACT COMPLIANCE.MANAGER By signing below, l acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements Santa Singleton Assistant Neighborhood Services Director 6 R OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX