HomeMy WebLinkAboutContract 60900CSC No. 60900
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
PUBLIC UTILITIES VENDOR AGREE 1ENT
PURPOSE. The purpose of the Comprehensive Energy Assistance Program ("CEAP") Public Utilities Vendor
Agreement ("Vendor Agreement") funded from the tow -Income Home E(lergy Assistance Program
("LIHEAP") is to provide a grant to rnaintain an energy supply to heat and cool the residences of eligible
low-income clients.
The Energy Services Provider identified below ("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 identified below ("Agency'), agrees
to make payrnents only for eligible lcm-in corne dfents.
PARTIES. This Vendor Agreement is by and between,
City of Fart Worth
Energy Ass'"tartoe Pfavi der (" Agency )
and
Joe Rider Propane
Energy Services Provid er ("Ven d o r" ?
The Agency and Vendor are each a party to this Vendor Agreement and herein each referred to as "Party'
or collectively referred to as "Parties".
S€REVICE AREA. Vendor and Agency agree to assist customers in the following counties;
Tarrant County
TERM. This Vendor Agreement shall be effective from the 1st day of Jan- 20240r a period not to
exceed two years #earn the effective date. Either of the Parties may terminate this a Vendor Agreement
by written notice. Such written notice of termination shall not affect any obligation by either of the Parties
incurred prior to the rerecpt of such notice.
NOTICE. Notice shall be sent via certified mail to the addresses below with return receipt requested.
Vendor: Joe Rider Propane
(Vi=dor Na ej
13;L,
(Vendat Mai Iing Address)
Azenc : City Of FM worth
(Agency Name)
_ 200 Texas Street Fort Worth, Texas 76102
(Agency MaRing Address) —
Revised June 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGENCY RE PR ESENTATiONS. The Agency represents and warrants to Vendor that it is a 5ubrecipieM of
the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas
�"TDHCA") and as such is authorized and has received funding from the TDHCA to provide bill payment
assistance service for eligible low-income households.
VENDOWS REPRESENTATIONS The Vendor 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'S PERFORMANCL 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 CEAP guidelines_
• Upon accepting pledge from Agency for Certified Customer, continue or restore energy service
to Certified C usto rne r wit h no increases in charges, service charges or ether charges affecti rig t he
total cost of the bill, except as allowed by the stated tariff cast registered with the Public Utility
Commission "RUC" 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 Ori or before the disconnect date stated in the customer's Disconnect
Notice required by PUC regulations in order to avoid di5ror nection or be eligible fpr
reconnection, Nothing in this Vendor Agreement requires the Vendor to reconnect the customer
upon receipt of a pledge that does not carer 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 or written request from Agency, provide at no cost to the Agency the Certified
Customer's billing and usage history for previous twelve (12) months, or available history plus
monthly estimates if less than twelve {12) months of billing history and usage is available_ Vendor
wiN 'transmit Such billing history via electronic mail or facsimile as soon as passible, but no later
than f"-eight �48) hours fallowing the request.
* Work with Agency and Certified Customer to explore the feasihility of offering flexible p'aVrnent
arrangements that may include, wthout 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, dismount, budget, advance payment or
other credit plans.
+ Nqt 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, rnaritaI status, lawful sin urce of income, revel of income, disability, financial status, location
of customer in an economically distressed geographic area, or qualification for Eow-income or
energy -efficiency services_
Revised June 2022
Allow Agency forty-five �45) days frorn the date of the pledge to forward payment to the Vendor.
Vendor agrees not to consider the portion of the Certified l~ustorner's account to be paid by the
Agency delinquent if said payment is received Within the above mentioned forty-five (45) day
period, and Vendor is provided with a verbal or signed pledge frorn the Agency wit hin forty-five
(451 days of identifying a Certified Custorer,
• Not interrupt service if Certified Customer is eligible under PIIC regulations, or other state agency
regulations has applicable), and enters into an agreement with the Vendor concernigg 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 Cade §6-312(f (as appiicable)-
AGENCrS PERFORMANCE. the Agency will;
Is Obtain written permission for Agency to request and have access to customer informaVon,
including confidential or personal account information, credit and payment history, from
customers seeking Agents assistance. Social Security numbers are not required for the CEAP
program and may not be disclosed to Agency.
Provide to Vendor, at Venders requestr customer's written permission far Agency's access to
customer information as stated above.
Not provide pledges on behalf of a Certified Customer to Vendor without having adequate f-,nds
to pay 5ucht piedge-
Pay pledges within forty-five (45) days of making pledge to Vendor,
• Deterrnine if a customer is a Certified Custorer within five days of contacting Vendor.
• Provide Vendor a list of names, telephone nurnbers and e-mail addresses of Agency staff
designated to make pledges on be#iaif of the Agency and Certified Clients, if requester) from
Vendor -
ASSIGNMENT. Agency's obligations under this Vendor Agreement are contingent upon the receipt and
availability of funding by TDHCA under a contract for energy services by and between Agency and TDHCA_
IfFunding for energy services under said contract is not available to rnake payrnents to Vendor under Ihis
Vendor Agreement, Agency or TDHCA will notify Vendor in writing within a reasonable time after such
fact is determined- Agency shall then assign its responsibilities underthisVendorAV, reementto TDHCA by
executing an assignment on a form approved by TDHCA. if an assignment under this provision is required,
the Parties hereby agree to execute anv and all instruments in order to facilitate the assignment of the
Agency's responsibilities to TDHCA under this Vendor Agreement.
3 Revised June 2022
CONRDEJ~MAllTY. The terms of any confidential transaction under this Vendor Agreement or any other
inl`wination exchanged by the Age ncy 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; S) information which must be disclosed to a third party to transmM energy; 6)
to meet reliability council, regulatory, administrative, j€di[i81, governmental, or regulated commodity
exchange requirements where necessary; or7) information which was or is hereafter in the public domain
(except by breach of this Vendor Agreement).
Executed to be effective on Ianuary 1. 2024,
VENDOR:
�Krzed Sgnature
��� i
typed F4me of Authorized Signature
pf 7 Wr� 73 7 - T3
Vendor (Area Code) Teiephom Number
Vendor Email Address
Authorized Agency! Sinature
Victor Turner
Typed Marne of Authorized Signature
817-392-7540
Agency (Area Code) Telephone Number
clt—
— Date
l
Title
e 4DIV-V--%
Feb 6, 2024
Date
Director, Neighborhood Ser%+iCeS Department
Title
4 Revised June 2022
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.
APPROVED AS TO FORM AND LEGALITY:
By:
9� crJ�
Jessika Williams
Assistant City Attorney I
ATTEST:
By:
Jannette Goodall
City Secretary
Contract Authorization:
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M&C: 24-0023
Date Approved: 1/23/2024
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.
By: v
Victor Turner
Director, Neighborhood Services Dept.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 3
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND Fo
RT WORTH
Create New From This M&C
DATE: 1/23/2024 REFERENCE NO.: **M&C 24-0023 LOG NAME: 19NS CEAP
2024
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: (ALL) Authorize Acceptance of a Grant from the Texas Department of Housing and
Community Affairs in an Amount Up to $12,000,000.00 for the 2024 Comprehensive
Energy Assistance Program, a Federally Funded Program Sponsored by the United
States Department of Health and Human Services Designed to Provide Utility Payment
Assistance and Energy Conservation Education for "Low to Moderate" Income Residents,
Authorize Related Contracts, Adopt Appropriation Ordinance, and Waive Indirect Costs
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of Comprehensive Energy Assistance Program funds in an amount
up to $12,000,000.00 from the Texas Department of Housing and Community Affairs;
2. Authorize the execution of related contracts, including any amendments, renewals and
extensions in accordance with City policies and regulations with the Texas Department of
Housing and Community Affairs for the grant funds for the program year beginning on
January 1, 2024 and ending on December 31, 2024;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in an amount up to
$12,000,000.00 for the purpose of funding utility payment assistance and energy
conservation education for "low to moderate" income residents; and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\%,
an estimated total of $174,686.00.
DISCUSSION:
The City of Fort Worth (City) contracts with the Texas Department of Housing and Community Affairs
(TDHCA) to provide the Comprehensive Energy Assistance Program (CEAP) through the Community
Action Partners (CAP), which is managed by the City's Neighborhood Services Department. The
TDHCA has notified the City to use the prior year's grant award and contract amount as a planning
figure for the 2024 CEAP. The total 2023 contract amount was $10,206,532.00. CAP staff projects an
increase in funding resulting in an estimated grant award in an amount up to $12,000,000.00 for this
program in 2024. The additional appropriation takes into account anticipated energy rate increases
and the award of subsequent grant amounts due to other grantees being unable to spend their
funding. During the past five years, the City has received an average of $7,183,878.00 per year and
as much as $10,206,532.00 in one year.
The three components of the program are:
1. Household Energy Crisis - weatherization and/or energy related assistance, repair of HVAC
systems and/or purchase of window units;
2. Utility Assistance - assistance to all eligible households with priority given to household
composition of elderly and/or disabled members or a child under the age of five; and
3. Education - providing information about energy conservation measures.
All households at or below 150 percent of the Federal Poverty Income Guidelines will be afforded
access to the program. Applicant households will be determined eligible according to income
guidelines and program policies. Benefit determinations include household income, household size,
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=3173 I &councildate= 1/23/2024 1/24/2024
M&C Review
Page 2 of 3
energy consumption and/or vulnerability, and the availability of funds. CAP staff will accept
applications at nine neighborhood CAP facilities and at other identified locations throughout Tarrant
County. Payments will be made for eligible clients directly to the utility vendors, and heating and
cooling system repair companies.
TDHCA allows no more than 7.22 percent of the grant award excluding travel and training) to be
budgeted for administrative costs and 13.29 percent for program service costs. The remaining funds
will be used for Household Energy Crisis and Utility Assistance for the duration of the contract. From
January 2023 to September 2023, CAP served 4,240 households and 9,574 individuals using this
grant.
This grant is an entitlement grant received from the Texas Department of Housing and Community
Affairs. The grant has been consistently awarded to the City since 1982. Grant funds support
administrative and program delivery allocations for 20.00 full-time employee positions in the
Neighborhood Services Department. Indirect costs totaling an estimated $174,686.00, calculated by
taking wages & salaries designated for this grant of approximately $1,010,329.00 multiplied by the
Neighborhood Service Departments' indirect cost rate of 17.29\% defined in the City's most recent
Cost Allocation Plan, could be charged to this grant. A waiver of these indirect costs is requested to
allow allocation of these funds to further support the programs and services to assist "low -to -
moderate" income citizens.
Positions funded with Comprehensive Energy Assistance Program grant funds are subject to grant
availability. In the event of a grant award being decreased or eliminated, the Neighborhood Services
Department would review programs and services funded by the grants and determine a level of
service and staffing that aligns with the available funding. Alternative to consider may include staff and
program reductions or eliminations.
No matching funds are required from the City for the CEAP Grant.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance 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, in the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account I Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Oriqinatinq Department Head: Victor Turner (8187)
Additional Information Contact: Sonia Singleton (5774)
Benedict George (7339)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31731&councildate=1/23/2024 1/24/2024