HomeMy WebLinkAboutContract 60514PUBLIC UTILITIES VENDOR AGREEMENT
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
CSC No. 60514
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)
3000 Energy Corp dba Penstar Power
Ven or
Vendor and Agency agree to assist customers in the following counties: Tarrant County
This agreement shall be effective from the 1st day of January 2024 and will expire on the 31st day ofDecember 2025 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.
3000 Energy Corp dba Penstar Power
(Vendor Name)
&()11 Al-hm, $a °Et.VJ) .1u.i7£ !]po lo4T ��7717j71,;33
{Vendor Mailing Address)
City of Fort Worth; Neighborhood Services Department
(Agency Name)
200 Texas Street Fort Worth, TX 76102
(Agency Mailing Address)
1 Revised January 2021
/
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 guidefines
and such is a"Certified Customer",
Vendor will, with reference to a Certified Customer:
+ Extend the CEAP applicant's energy service for up to fi�e 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/orTexas 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 custome�s Disconnect
Notice required by PUC regulations in order to a�oid 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 ba(ance or if the custamer has already
been disconnected by the time the p[edge is received by the Vendor.
• Invoice the Certified Customer in accordance with Vendors normal billing practices.
• Upon verbal or written request from Agency, provide at nQ cost to the Agency the Certified
Customer's billing and usage history for previous twel�e months, or available history plus
monthly estimates if less than 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
farty-eight hours following the request.
� Work with Agency and Certified Customer to explore the feasibi[ity of ofFering flexible payment
arrangements that may include, without limitation, waiving security deposits, reconnect fees,
application fees, and all other fees whene�er 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
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 Certi#ied Customer's account to be paid by #he
Agency delinquent if said payment is received within the abo�e mentioned forty-five day period,
and Vendar is provided with a verbal or signed pledge from the Agency within farty-five days of
iderttifying a Certified Customer.
Not interrupt service if Certified Customer is eligible under PUC regulations, or other siate
agency regulations (as applicable), and enters into an agreement with the Vendarconcerning
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 initiaf 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 perrrtission for Agency to request and have access to customer information,
including confidential or persortal account information, credit and payment history, from
customers seeking Agency's assistance. 5ocia! Security numbers are not required for the CEAP
program and may not be disclased to Agency.
• Pravide to Vendor, at Vendor's request, customer's written permission for Agenc�s access to
customer information as stated above.
� Not provide pledges on beha[fi of a Certified Customer to Vendor without having adequate funds
to pay such pledge.
• Pay pledges within forty-five days of making p[edge to Vendor.
• Determine if a customer is a Certified Customer within five days of cantacting Vendar.
+ Provide Vendor a list of names, telephone numbers and e-mail addresses of Agen�y staff
designated to make pledges on beha(f 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 ernployed or
retained by the Agency or Vendor, their affiliates, or brokers, except to the extent disclosure is 1j required
by law; 2) necessary to disclose to the other party in connection with a dispute between the parties; 3)
otherwise perrriitted by written consent of the other party; 4) required by guarantors to be disclosed; 5)
3 Revised lanuary 2021
information which must be disclosed to a third part}r to transmit energy; 6) to meet reliability council,
regulatoryr 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 $10Q,000, this section does not
apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, Crty
is prohibited from entering into a contract with a company for goods and services unless the contract
contains a written �erification 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 ha�e the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
Ven�lor 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 in�olving transactions relating to the Agreement. Vendor agrees that City shall have
access during normal working hours to alI necessary Vendor facilities and shall be pro�ided 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]
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Revised January 2021
Authorized Vendor Signature
Typed Name of Authorized Signature
Vendor (Area Code) Telephone Number
\!endor Email Address
Authorized Agency Signature
Victor Turner
Typed Name of Authorized Signature
817-392-7540
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 Memorandum from the
City Manager dated July 20, 2021.
RECOMMENDED:
By:�
Sonia Singleton
Assistant Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY: rw� By: ___________ _
Jessika Williams
Assistant City Attorney I
Date
Title
Nov 16, 2023
Date
Director, Neighborhood Services Department
Title
ATTEST:
By: r A �
Jannette Goodall
City Secretary
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 contract, including ensuring all performance and reporting requirements.
Sonia Singleton
Assistant Neighborhood Services Director
6