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HomeMy WebLinkAbout064308 - General - Contract - City of Fort Worh Water DepartmentCSC No. 64308 PUBLIC UTILITIES VENDOR AGREEMENT PURPOSE, The purpose of the Public Utilities Vendor Agreement ("Vendor Agreement") funded from Housing and Urban Development (HUD)/Housing opportunities for Persons With Aids ("HOPWA"), Texas Veterans Commission (TVC)/"VETERANS", Texas Department of Housing and Community Affairs (TDHCA)/Community Services Block Grant ("CSBG"), Young Energy Donation Fund, Fort Worth Water Department/Water Donation Fund or other assistance programs Is to provide a grant to maintain the provision of utility and water services necessary to heat, cool, and supply residences occupied by eligible low -Income clients, The Utility Services Provider Identified below ("Vendor"), agrees to honor the purpose of the program and to accept pledges of payment from the Utility Assistance Provider only for certified customers to whom Vendor continues to provide utility services. The Utility Assistance Providers Identified below ("Agency"), agree to make payments only for eligible low-income clients. PARTIES. This Vendor Agreement Is by and between: City Of Fort Worth- Community Action Partners Utility Assistant Provider ("Agency") City of Fort Worth Water Utility Services Provider ("Vendor") The Agency and Vendors are each a party to this Vendor Agreement and herein each referred to as "Party" or collectively referred to as "Parties", SEREVICE AREA, Vendors and Agency agree to assist customers In the following county or city, based on funding source requirements: Tarrant County or City of Fort Worth TERM. This Vendor Agreement shall be effective from theNov Lday of 2025 for a period not to exceed one year from the effective date. Either of the Parties may terminate this 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 mall to the addresses below with the return receipt requested. Vendor: City of Fort Worth Water (Vendor Name) 100 Fort Worth Trail, Fort Worth, Texas 76102 (Vendor Mailing Address) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Agency: Cif of Fort Worth (Agency Name) 100 Fort Worth Trail. Fort Worth, Texas 76102 (Agency Mailing Address) AGENCY REPRESENTATIONS. The Agency represents and warrants to Vendor that It is a subreclplent of the Housing and Urban Development (HUD)/HOPWA, Texas Veterans Commission (TVC)/VETERANS, Texas Department of Housing and Community Affairs (TDHCA)/Community Services Block Grant (CSBG), Young Energy Donation Fund, Fort Worth Water Department/Water Donation Fund or other assistance programs and as such Is authorized and has received funding from the HOPWA, VETERANS, CSBG, Young Energy Donation Fund, Water Donation Fund or other assistance programs 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 customerthat the Agency has determined to be eligible under the guidelines and such Is a "Certified Customer". VENDOR'S PERFORMANCE, Vendor shall, with reference to a Certlfled Customer: • Extend the applicant's utility service for up to 4S business days while the Agency determines whether the applicant is eligible pursuant to the guidelines. • Upon accepting pledge from Agency for Certified Customer, continue or restore utility service to Certlfled 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 to avoid disconnection or be eligible for reconnectlon. 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 the Agency, provide at no cost to the Agency the Certlfled Customer's billing and usage history for the 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 mall or facsimile as soon as possible, but no later than forty-elght (48) hours following the request. • Work with Agency and Certlfled 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 utility service or otherwise discriminate In the marketing and provision of utility 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 quallficatlon for low -Income or energy-efficlency services. • Allow the 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-mentloned 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 shall; • Obtain written permission for the 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 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 Vendorwithout having adequate funds to pay such a pledge. • Pay pledges within forty-five (45) days of making pledge to Vendor. • Determine If a customer Is a Certified Customerwithin 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 from the sources listed above under a contract for utility services by and between Agency and HOPWA, VETERANS, CSBG, Young Energy Donation Fund, Water Donation Fund or other assistance programs. If funding for utility services undersald contract Is not available to make payments to Vendor under this Vendor Agreement, Agency 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 HOPWA, VETERANS, CSBG, Young Energy Donation Fund, Water Donation Fund or other assistance programs by executing an assignment on a form approved by HOPWA, VETERANS, CSBG, Young Energy Donation Fund, Water Donation Fund or other assistance programs. 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 HOPWA, VETERANS, CSBG, Young Energy Donation Fund, Water Donation Fund or other assistance programs under this Vendor Agreement. 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 connectlon 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 utility; 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 domaln (except by breach of this Vendor Agreement) Executed effective as of the date signed by the Assistant City Manager below, CITY OF FORT WORTH, TEXAS: Fort Worth *Kacey Thomas 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 April 29, 2024, Approval Recommended: *" 3AwW Kacey Thomas (Nov 17, 2025 08:34:01 CST) I Name: Kacey Thomas Fide: Director, Neighborhood Services Dept, ame: Jannette Goodall tie; City Secretary VENDOR: babvvnp� ap o'o' o.oF . 0 o a v �0 0��� d oo �0 Pv=0 as Oda* 0o0 000 *� ab rEXASa�b 4ALnuaaoo Vendor Name: City of Fort Worth Water I Name: C142IJ hIAXPCIZ Title: Ljo kl- �,n •�.� 'ontract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, Including ensuring all performance and reporting requirements. �1. T BBK,t;6e�L 4Nu/ ame: Michelle Doonkeen, tle: Assistant Director, Neighborhood Services Department pproved as to Form and Legality: Sophie ,MaEhewt By: Name: Sophie N Mathews Title: Assistant City Attorney t Authorization: 25-0088 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 3 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FeRT Wo R7 ill Create New From This M&C DATE: 1/28/2025 REFERENCE NO.: **M&C 25-0088 LOG NAME: 19NS CEAP 2025 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: (ALL) Ratify Acceptance of a Grant from the Texas Department of Housing and Community Affairs in an Amount Up to $9,000,000.00 for the 2025 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. Ratify the acceptance of the 2025 Comprehensive Energy Assistance Program funds in an amount up to $9,000,000.00 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, 2025 and ending on December 31, 2025; 3. If awarded, 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 $9,000,000.00 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 21.05\%, an estimated total of $216,831.00. 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 2025 CEAP. The total 2024 contract amount was $8,872,583.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to $9,000,000.00 for this program in 2025. 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 $7,609,502.00 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=32953&councildate=1/28/2O25 5/1/2025 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 2024 to October 2024, CAP served 4,881 households and 10,229 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 18.50 full-time employee positions in the Neighborhood Services Department. Indirect costs totaling an estimated $216,831.00, calculated by taking wages & salaries designated for this grant of approximately $1,030,076.00 multiplied by the Neighborhood Service Departments' indirect cost rate of 21.05\% 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. ISCAL 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 F Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Fund Department Account ID Project Program Activity Budget Reference # Amount ID _ Year _ (Chartfield 2) _ Submitted for City Manager's Office by; Originating Department Head:. Additional Information Contact: Jesica McEachern (5804) Kacey Bess (8187) Michelle Doonkeen (5771) Benedict George (7339) http://apps.cfwnet.org/council_packet/mc review.asp?ID=32953&councildate=1/28/2O25 5/1/2025 M&C Review Page 3 of 3 ATTACHMENTS ORD.APP 19NS CEAP 2025 A024 (r3).docx (Public) http://apps.cfwnet.org/council_packet/mc_review.asp?ID-32953&councildate=1/28/2O25 5/1/2025 FORTWORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: City of Fort Worth Water Department Subject of the Agreement: Vendor Utility Agreement M&C Approved by the Council? * Yes El No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No Z If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No M If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Nov. 1, 2025 If different from the approval date. Expiration Date: Oct. 31, 2026 If applicable. Is a 1295 Form required? * Yes ❑ No E7 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.