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HomeMy WebLinkAboutContract 61132COMPREHENSIVE ENERGY ASSISTANCE PROGRAM CSC No. 61132 PUBLIC UTILITIES VENDOR AGREEMENT PURPOSE. The purpose of the Comprehensive Energy Assistance Program ("CEAP") Public Utilities Vendor Agreement ("Vendor Agreement") funded from the Low -Income Home Energy Assistance Program ("LIHEAP") is to provide a grant to maintain 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 payments only for eligible low-income clients. PARTIES. This Vendor Agreement is by and between: City of Fort Worth Energy Assistance Provider ("Agency") and Champion Energy Services, LLC subsidiary of Calpine Corp. Energy Services Provider ("Vendor") 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". SEREVICE 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. 2024for a period not to exceed two years from 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 receipt of such notice. NOTICE. Notice shall be sent via certified mail to the addresses below with return receipt requested. Vendor: Champion Energy Services, LLC subsidiary of Calpine Corp. (Vendor Name) 1500 Rankin Road, Suite 200, Houston, Tx 77073 (Vendor Mailing Address) Agencv: City of Fort Worth (Agency Name) 200 Texas Street Fort Worth, Texas 76102 (Agency Mailing Address) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Revised June 2022 AGENCY REPRESENTATIONS. The Agency represents and warrants to Vendor that it is a subrecipient 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. VENDOR'S 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 PERFORMANCE. 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 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 Vendor 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 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 will transmit such billing history via electronic mail or facsimile as soon as possible, but no later than forty-eight (48) 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 of customer in an economically distressed geographic area, or qualification for low-income or energy -efficiency services. 2 Revised June 2022 • Allow Agency forty-five (45) 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 (45) day period, and Vendor is provided with a verbal or signed pledge from the Agency within forty-five (45) 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). AGENCY'S PERFORMANCE. 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 (45) days of making pledge to Vendor. • Determine if a customer is a Certified Customer within five days of contacting Vendor. • Provide Vendor a list of names, telephone numbers and e-mail addresses of Agency staff designated to make pledges on behalf of the Agency and Certified Clients, if requested 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. If funding for energy services under said contract is not available to make payments to Vendor under this 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 under this Vendor Agreement to 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 any and all instruments in order to facilitate the assignment of the Agency's responsibilities to TDHCA under this Vendor Agreement. 3 Revised June 2022 CONFIDENTIALITY. The terms of any confidential transaction under this Vendor 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) 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 Vendor Agreement). Executed to be effective on January 1, 2024 cuSigned by: VENDOR:rf� _1 d CIE Authorized Vendor Signature Michael Sullivan, President and CEO Typed Name of Authorized Signature 877-653-5090 Vendor (Area Code) Telephone Number info@championenergyservices.com Vendor Email Address AGENCY: Authorized Agency Signature Victor Turner Typed Name of Authorized Signature 817-392-7540 Agency (Area Code) Telephone Number 3/13/2024 1 11:23 AM CDT Date Title Mar 15, 2024 Date Director, Neighborhood Services Department Title 4 Revised June 2022 DocuSign Certificate Of Completion Envelope Id: 6807E2131CDE64E6E82F1E613E9769187 Status: Completed Subject: Complete with DocuSign: Champion Energy Services, LLC Comprehensive Energy Assistance PRogram V... Source Envelope: Document Pages: 4 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 1 Joshua Christopher AutoNav: Enabled 717 Texas Ave. Envelopeld Stamping: Disabled Houston, TX 77002 Time Zone: (UTC-06:00) Central Time (US & Canada) Joshua.Christopher@calpine.com IP Address: 139.138.155.254 Record Tracking Status: Original Holder: Joshua Christopher Location: DocuSign 3/13/2024 10:34:07 AM Joshua.Christopher@calpine.com Signer Events Signature Timestamp Joshua Christopher Sent: 3/13/2024 10:37:09 AM joshua.christopher@calpine.com �f Viewed: 3/13/2024 10:37:26 AM Counsel II Signed: 3/13/2024 10:37:33 AM Champion Energy Services, LLC Security Level: Email, Account Authentication Signature Adoption: Pre selected Style (None) Using IP Address: 4.49.79.26 Electronic Record and Signature Disclosure: Not Offered via DocuSign Michael Sullivan °oeuSignetlby. '4�t6d SA"t^' Sent: 3/13/2024 10:37:34 AM Michael.Sullivan@champion.energy Viewed: 3/13/2024 11:23:11 AM President 29E3272e9e9e46e Signed: 3/13/2024 11:23:17 AM Champion Energy Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style (None) Using IP Address: 32.142.48.210 Electronic Record and Signature Disclosure: Accepted: 3/13/2024 11:23:11 AM ID:5787648a-f3f2-4b49-80a3-e1d180d4997e In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/13/2024 10:37:09 AM Certified Delivered Security Checked 3/13/2024 11:23:11 AM Signing Complete Security Checked 3/13/2024 11:23:17 AM Envelope Summary Events Status Completed Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamps 3/13/2024 11:23:17 AM Timestamps Electronic Record and Signature Disclosure created on: 1/9/2020 4:09:12 PM Parties agreed to: Michael Sullivan ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Calpine Corporation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Calpine Corporation: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: gus.dahu@calpine.com To advise Calpine Corporation of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at gus.dahu@calpine.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Calpine Corporation To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to gus.dahu@calpine.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Calpine Corporation To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to gus.dahu@calpine.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: httDs://sunnort.docusi2n.com/2uides/signer-2uide- sianint-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Calpine Corporation as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Calpine Corporation during the course of your relationship with Calpine Corporation. 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: Jessika Williams Assistant City Attorney I ATTEST: By: Jannette Goodall City Secretary Contract Authorization: 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. 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