HomeMy WebLinkAboutContract 60965CSC No. 60965
TXU
energy
TXU ENERGY AID BUSINESS GUIDELINES
This TXU Energy Aid Business Guidelines, is effective as of the 30th day of January,
2024, by and between TXU Energy Retail Company LLC ("Company") and The City of Fort
Worth, a home -rule municipality of the State of Texas, by and through the Director of the Parks
and Community Services Department (`Agency"). It is understood between the parties that the
guidelines set forth herein are intended to be a framework under which the TXU Energy Aid
Program will be administered and is not a binding contractual agreement.
Company and Agency recognize the need for providing charitable assistance to persons
in financial distress to meet energy related costs essential to their health and welfare.
Company has developed the TXU Energy Aid Program ("Energy Aid") as a supplement
to government and community aid programs designed to assist persons in financial distress to
meet their energy related costs.
Agency is organized, inter alia, to provide charitable assistance to persons in financial
distress and Agency recognizes that Energy Aid is a program for providing charitable assistance
to individuals.
Company will act merely as a conduit for contributions made by others so that Agency
and such other nonprofit charitable organizations can use and apply such contributions for the
charitable purposes of Energy Aid in meeting the needs of the poor, disabled, sick and
disadvantaged for electricity service.
In consideration of the mutual covenants hereinafter set forth, Company and Agency
hereby agree as follows:
1. Energy Aid
Agency acknowledges that Company has established Energy Aid and that said program is
funded by voluntary contributions from Company, its customers, employees and third parties.
Without limitation, Agency further acknowledges that the policies and procedures governing the
collection and the disbursement of the funds contributed to Energy Aid (the "Energy Aid Funds")
shall be established and may be modified by Company at its sole discretion.
2. Funds
Company from time to time will allocate a portion of the Energy Aid Funds to Agency.
All monies so allocated will be either in the form of a credit to Agency or a payment to the
Agency. Agency will use said funds as provided herein.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Company reserves the right to request that Agency refund to Company all Energy Aid
Funds not distributed by Agency. If the Energy Aid Funds were paid directly to Agency, the
Agency will forward payment to Company within thirty (30) days of receipt of Company's
request. Company reserves the right to cease distribution of Energy Aid funds to Agency at
Company's discretion.
3. Fund Guidelines
3.1 A person seeking assistance (a "Beneficiary") from Agency does not have
to meet federal poverty income guidelines in order to be eligible to receive Energy Aid Funds.
3.2 A Beneficiary must be the named person or full-time resident on the
electric account for which assistance is being requested.
3.3 Energy Aid Funds may only be used to pay Company electricity bills.
3.4 A Beneficiary will be entitled to receive Energy Aid Funds only one (1)
time per calendar year; provided, however, Agency may, on a case by case basis, make
exceptions for specific Beneficiaries, if in Agency's reasonable opinion such exceptions are
warranted given the circumstances.
3.5 A Beneficiary will not be entitled to receive Energy Aid Funds unless the
Beneficiary has executed an information release form granting Agency the right to contact third
parties in order to obtain information regarding the Beneficiary.
4. Energy Aid Monthly Report
Agency will complete the Energy Aid Monthly Report attached hereto and return the
same to Company no later than the tenth (101h) day of the month following the month for which
the report is being submitted. Company may from time to time amend the form, content and
information requested in the Energy Aid Monthly Report by providing ten (10) days advance
written notice to Agency.
5. Energy Aid File
Agency will maintain a file and record of each and every transfer of Energy Aid Funds.
Such file shall contain, without limitation, the following:
(i) A copy of all checks evidencing monies received from Company
or third parties or in conjunction with Energy Aid;
(ii) A copy of each completed Energy Aid Report; and
(iii) Such other information as Company may from time to time notify
Agency should be kept in the file.
6. Right to Audit
Company and its designated agents, representatives, accountants and attorneys shall have
full access, at all reasonable times, to the properties, books and records of Agency for
examination of Agency's administration of Energy Aid Funds; provided however, this Section
shall not be interpreted as granting Company the right to control how Agency determines which
Beneficiaries will be entitled to receive Energy Aid Funds or how Agency governs its day to day
business.
7. Compliance with Codes
Agency represents and warrants that it is an organization described in Section 501(c)(3)
of the Internal Revenue Code and it Regulations as they now exist or as they may be amended
from time to time (the "Code"), is exempt from federal income taxes under Section 501(a) of the
Code, and contributions to Agency are deductible from federal income taxes as the donor within
limits and guidelines of section 170 of the Code. Agency covenants and agrees that it will take
no action or omit to perform any act that will prejudice its status under said provisions of the
Code. Agency will immediately notify Company if at any time during the term of this document
any of the representations made in this Section cease to be true.
8. Non-exclusive
Agency acknowledges that Company may work with other charitable organizations,
including charitable organization located within Agency's service area, pursuant to which such
organization will be eligible to participate in Energy Aid.
9. Term and Termination
Either Agency or Company may terminate this arrangement, with or without cause, upon
thirty (30) days written notice to the other party.
10. Miscellaneous
10.1 Governing Law. These Business Guidelines are governed by and shall
be construed in accordance with the laws of the State of Texas without giving effect to any
choice or conflict of law provision or rule (whether of the State of Texas or any other
jurisdiction) that would cause the application of the laws of any jurisdiction other than the State
of Texas. The parties mutually consent to the jurisdiction of the federal and state courts in Dallas
County, Texas and agree that any action, suit or proceeding concerning, related to or arising out
of this document will be brought only in a federal or state court in Dallas County, Texas and the
parties agree that they will not raise any defense or objection or file any motion based on lack of
personal jurisdiction, improper venue, inconvenience of the forum or the like in any case filed in
a federal or state court in Dallas County, Texas.
10.2 Waiver. The rights and remedies of the parties are cumulative and not
alternative. Neither the failure nor any delay by either party in exercising any right, power or
privilege under these Business Guidelines will operate as a waiver of such right, power or
privilege. No single or partial exercise of any such right, power or privilege will preclude any
other or further exercise of such right, power or privilege or the exercise of any other right,
power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right
arising out of these Business Guidelines can be discharged by one party, in whole or in part, by a
waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no
waiver that may be given by a party will be applicable except in the specific instance for which it
is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any
obligation of such party or of the right of the party giving such notice or demand to take further
action without notice or demand as provided in this document.
10.3 Binding Effect; Delegation of Duties Prohibited. These Business
Guidelines inures to the benefit of, and is binding upon, the parties hereto and their respective
successors, assigns, heirs and legal representatives, including any entity with which the
Company may merge or consolidate or to which all or substantially all of its assets may be
transferred. The duties and covenants of the Agency, being personal, may not be delegated.
10.4 Notices. Whenever it is provided that any notice, demand, request,
consent, approval, declaration or other communication be given to or served upon any of the
parties by another, such notice, demand, request, consent, approval, declaration or other
communication will be in writing and will be deemed to have been duly given (i) when received
if personally delivered, (ii) when transmitted if transmitted by telecopy (except that telecopies
transmitted after 5:00 p.m. in the recipient's time zone will be deemed delivered the next
business day), electronic or digital transmission method, (iii) the business day after it is sent, if
sent for next business day delivery to a domestic address by a nationally recognized overnight
delivery service (i.e. Federal Express) and (iv) three business days after it is sent, if sent by
certified or registered mail, return receipt requested. In each case notice will be sent to:
If to the Company: TXU Energy
Energy Assistance Group
P. O. Box 650257
Dallas, TX 75265-0257
1-800-645-4601
1-800-556-6753 (fax)
energyassistance@txu.com
If to Agency: The City of Fort Worth
200 Texas St.
Fort Worth, TX 76102
or at such other address as the intended recipient will from time to time designate by written
notice delivered in accordance herewith.
10.5 Entire Business Guidelines; Amendments. These Business Guidelines
contains the entire arrangement between the parties with respect to subject matter hereof and
supersedes all prior documents and understandings, oral or written, between the parties hereto
with respect to the subject matter hereof. These Business Guidelines may not be amended orally,
but only in writing signed by each of the parties hereto.
10.6 Section Headings and Construction. The headings of Sections in these
Business Guidelines are provided for convenience only and will not affect its construction or
interpretation. All references to "Section" refer to the corresponding Section of these Business
Guidelines unless otherwise specified. All words used in this document will be construed to be
of such gender or number as the circumstances require. Unless otherwise expressly provided, the
word "including" does not limit the preceding words or terms.
10.7 Severabilitv. If any provision of these Business Guidelines are held
invalid or unenforceable by any court of competent jurisdiction, the other provisions of this
document will remain in full force and effect. Any provision of the Business Guidelines held
invalid or unenforceable only in part or degree will remain in full force and effect to the extent
not held invalid or unenforceable.
10.8 Counterparts. These Business Guidelines may be executed in one or
more counterparts, each of which will be deemed to be an original copy of this document and all
of which, when taken together, will be deemed to constitute one and the same document.
IN WITNESS WHEREOF, the parties have executed and delivered these Business
Guidelines as of the date above first written above.
THE CITY OF FORT WORTH
Fernando Costa
Assistance City Manager
TXU ENERGY
114 Cdu-
Kim Campbell
Sr. Manager Customer Advocacy
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2024 TXU ENERGY AID PROGRAM
CONTRACT CSC No.
APPROVED AS TO FORM AND LEGALITY:
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//essika Williams
Assistant City Attorney
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Jannette Goodall
City Secretary
M&C: M&C 22-0451
Dated: June 14,2022
TXU ENERGY
By: Kim Campbell (signed electronically -see attached contract)
Title: Sr. Manager, Customer Advocacy
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.
Victor Turner, Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 2
A
CITY COUNCIL AGEND
Create New From This M&C
DATE: 6/14/2022 REFERENCE NO.: **M&C 22-0451 LOG NAME:
CODE: C TYPE
CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FoRT WORTH
19TXU ENERGY
AID 2022
M
SUBJECT: (ALL) Ratify Extension of the 2015-2020 Agreement with TXU Energy Retail Company,
LLC for its Energy Aid Program to Extend the term to December 31, 2021,
Authorize Execution of a New Agreement in an Amount Up to $700,000.00 for the TXU
Energy Aid Program from January 1, 2022 through December 31, 2027, and Adopt
Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the extension of the 2015-2020 Agreement with TXU Energy Retail Company, LLC for
its Energy Aid Program to extend the term of the Agreement to December 31,2021;
2. Authorize the acceptance of interest earned for the advanced funds in the amount of
$1,243.96;
3. Authorize the execution of a new Agreement with TXU Energy Retail Company, LLC in
an amount up to $700,000.00 for the Energy Aid Program from January 1,2022 through
December 31, 2027; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Other Fund, subject to receipt of the grant, in the amount of
$701,243.96, for the purpose of funding the TXU Energy Aid Program.
DISCUSSION:
TXU Energy Retail Company, LLC. (TXU Energy), has developed the Energy Aid Program as a
supplement to government and community aid programs designed to assist persons in financial
distress to meet their energy -related costs. Since 2004, the City of Fort Worth Neighborhood Services
Department's Community Action Partners Program, an Energy Aid Program recipient, has received
funds from TXU Energy to assist low-income TXU Energy customers with their electric bills.
On April 07, 2015, (M&C C-27257) the City Council authorized an agreement with TXU Energy in an
amount up to $700,000.00, which ended on December 31, 2020. The Energy Aid Program has been
extended through December 31, 2021. Therefore, staff requests approval to extend the term of the
City's arrangement with TXU Energy to December 31, 2021 to coincide with the extended term of the
program. To avoid untimley agreement renewals, NSD staff will monitor the terms in PeopleSoft's
reporting module. Additionally, Staff requests authorization for the execution of a new contract with
TXU Energy in the amount up to $700,000.00 for the Energy Aid Program from January 1, 2022
through December 31, 2027.
During the period of April 2015 to March 31, 2022, the City received a total amount of $425,000.00
from TXU Energy in the form of advanced funds. These funds earned interest earnings of $1,243.96
which need to be appropriated by the City for the program. A total of 1,319 Tarrant County households
have been assisted under this program with grant funds totaling $380,002.11. It is projected that
under the new agreement, up to 3,000 qualified households will receive assistance.
This program serves ALL COUNCIL DISTRICTS and remaining parts of Tarrant County.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30004&councildate=6/14/2022 2/12/2024
M&C Review
Page 2 of 2
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 Other 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 expenditures being incurred, Neighborhood Services has the responsibility to validate
the availability of funds. This is an advance grant.
TO
Fund Department Account Project I Program I Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department Account I Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office by
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
Victor Turner (8187)
Sonia Singleton (5774)
Benedict George (7339)
ATTACHMENTS
19TXU ENERGY AID 2022 21003 A022(r4).docx (Public)
G00205 TXU EA 03312022.iDdf (CFW Internal)
TXU EA FID table.xlsx (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30004&councildate=6/14/2022 2/12/2024