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HomeMy WebLinkAbout053781-A4 - General - Contract - NextEra Advisors, LLCCSC No. 53781-A4 EXECUTION COPY (260626) FOURTH AMENDMENT TO VENDOR SERVICES AGREEMENT FOR ENERGY CONSULTING AND MANAGEMENT SERVICES (FORT WORTH CITY SECRETARY CONTRACT NO.53781) This Fourth Amendment to the Vendor Services Agreement for Energy Consulting and Management Services ("Fourth Amendment") is by and between the City of Fort Worth, a Texas home -rule municipal corporation ("City"), and NextEra Advisors, LLC, a Delaware limited liability company (formerly Usource, L.L.C., a Delaware limited liability company), ("Vendor"). After the Fourth Amendment has been signed by both parties it is effective on the date signed by the City ("Effective Date"). Recitals WHEREAS, on April 6, 2020, the City and Acclaim Energy Advisors, Ltd., a Texas limited partnership ("Acclaim"), entered into the Vendor Services Agreement for Energy Consulting and Management Services ("Agreement"); WHEREAS, on May 24, 2021, the City and Acclaim amended the Agreement to revise the scope, services, and pricing for the procurement of natural gas ("First Amendment"); WHEREAS, on November 10, 2021, the City and Acclaim amended the Agreement to revise the scope, services, and pricing related to procurement of natural gas and energy budgeting services ("Second Amendment"); WHEREAS, on June 26, 2023, the City and Acclaim amended the Agreement to revise the scope, services, and pricing for additional electricity and natural gas services ("Third Amendment"); WHEREAS, on August 25, 2025, the City approved the assignment of the Agreement from Acclaim to Vendor; and WHEREAS, the parties desire to amend the Agreementto (i) extend the term of the Agreement for an additional three (3) years beginning March 16, 2026, and ending March 15, 2029, (ii) establish annual compensation to Vendor not to exceed $231,248.00, and (ii) provide the City with three (3) one-year renewal options. Amendment NOW THEREFORE, City and Vendor now desire to amend the terms of the Agreement, as amended by the First Amendment, Second Amendment, and the Third Amendment: 1. The term of the Agreement, as previously amended, is extended for an additional three (3) years beginning March 16, 2026, and ending March 15, 2029, unless renewed; OFFICIAL RECORD FOURTH AMENDMENT TO VENDOR SERVICES AGREEMENT FOR CITY SECRETARY ENERGY CONSULTING AND MANAGEMENT SERVICES Page 1 of 4 FT. WORTH, TX EXECUTION COPY (260626) 2. Beginning March 16, 2026, annual compensation to Vendor is not to exceed $231,248.00. 3. City will have the option to renew the Agreement, as previously amended, for three (3) one-year periods. 4. All other terms and conditions of the Agreement, as previously amended, not expressly amended bythis Fourth Amendment shall remain in full force and effect. 5. Except as provided in this Fourth Amendment, all terms used in this Fourth Amendment that are not otherwise defined shall have the respective meanings ascribed to such terms as the Agreement, as previously amended. 6. This Fourth Amendment embodies the entire agreement between City and Vendor with respectto the amendment of the Agreement, as previously amended. In the event of any conflict or inconsistency between the provisions of the Agreement, as previously amended, and this Fourth Amendment, the provisions of this Fourth Amendment shall control and govern. 5. Except as specifically modified and amended herein, all the terms, provisions, requirements, and specifications contained in the Agreement, as previously amended, remain in full force and effect. Except as otherwise expressly provided herein, the parties do not intend to, and the execution of this Fourth Amendment shall not, in any manner, impair the Agreement, as previously amended, the purpose of this Fourth Amendment is to amend the Agreement as set forth herein and to confirm and carryforward the Agreement, as previously amended, in full force and effect. IN WITNESS WHEREOF, City and Vendor have executed and delivered this Fourth Amendment and to be effective as of the Effective Date. - Signature pages follow ----- FOURTH AMENDMENT TO VENDOR SERVICES AGREEMENT FOR ENERGY CONSULTING AND MANAGEMENT SERVICES Page 2 of 4 EXECUTION COPY (260626) CITY: City of Fort Worth, a Texas home -rule municipal corporation Val—W . Valerie Washington (Jul 15, 2026 17:08:41 CDT) Valerie Washington, Asst. City Manager Signed on the 15 day of July Approval Recommended: Marilyn Marvin, Director, p d4g4U4q Property Management FFORT a �o°°°° °`f�9p0 Ogg °•10 Attest: �° o°° o QezA°54pa Jannette S. Goodall, City Secretary Contract Compliance Manager: , 2026. 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. 9 APB Juanita Rigsby, Energy Manager Approved as to Form and Legality: LAHtw '- D. c aiS4-w Larry Collister, Sr. Asst. City Atty. Contract Authorization: Agreement — No M&C First Amendment — No M&C Second Amendment— No M&C Third Amendment— M&C 23-0475 (03/21/24) Assignment: No M&C Fourth Amendment— M&C 26-0047 (01/13/26) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Name Change: CSC No. 53781-NC1 (06/02/26) City Secretary Contract No.: 537841; 53781-A1; 53781-A2; 53781-A3; 53781-CA1; 53781-A4 FOURTH AMENDMENT TO VENDOR SERVICES AGREEMENT FOR ENERGY CONSULTING AND MANAGEMENT SERVICES Page 3 of 4 EXECUTION COPY (260626) VENDOR: NextEra Advisors, LLC, a Delaware limited liability company Signature Brent Moore Printed Name Vice President Title Signed on the 8th day of July , 2026. FOURTH AMENDMENT TO VENDOR SERVICES AGREEMENT FOR ENERGY CONSULTING AND MANAGEMENT SERVICES Page 4 of 4 1/16/26, 11:40AM M&C Review CITY COUNCIL AGEND Create New From This M&C DATE: 1/13/2026 REFERENCE NO.: **M&C 26-0047 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WMO�R- 21USOURCE AMEND 4 NO SUBJECT. (ALL) Authorize an Amendment to a Contract with USource LLC to Extend the Existing Contract for an Additional Three Year Term Beginning March 16, 2026, and Ending March 15, 2029, with Three One -Year Renewal Options, with Each Annual Compensation Amount Not to Exceed $231,248.00 for Energy Consulting and Management Services RECOMMENDATION: It is recommended that the City Council authorize an amendment to City Secretary Contract No. 53781 with USource LLC to extend the existing contract for an additional three-year term beginning March 16, 2026, and ending March 15, 2029, with three one-year renewal options, with each annual compensation amount up to $231,248.00. DISCUSSION: The City of Fort Worth entered into an agreement with Acclaim Energy Advisors, LTD., City Secretary Contract No. (CSC) 53781, to provide Energy Consulting and Management Services on April 6, 2020. On May 24, 2021, the City and Acclaim agreed to Amendment No. 1 (CSC No. 53781 -Al) to specifically provide natural gas procurement services. On November 10, 2021, the City and Acclaim agreed to Amendment No. 2 (CSC No. 53781-A2) to provide energy management and budgeting assistance services related to the City's natural gas supply contract and to increase contract compensation by $48,000.00; for a new contract amount not to exceed $98,000.00. On January 31, 2023, the City and Acclaim executed a First Renewal (CSC No. 53781-R1), renewing the term of the agreement through March 15, 2024. On June 13, 2023, the City and Acclaim agreed to Amendment No. 3 (CSC No. 53781-A3) Mayor and Council Communication (M&C) 23-0475 for additional energy consulting and management services to evaluate, terminate, and transfer electricity contracts from Constellation Energy to the City's Retail Electric Contract and perform sales tax recovery for both electricity and natural gas accounts for the Village Creek Dryer Facility for an amount not to exceed $133,248.00; for a revised contract amount not to exceed $231,248.00. On March 21, 2024, the City and Acclaim executed a Second Renewal (CSC No. 53781-R2), renewing the term of the agreement through March 15, 2025. On December 02, 2024, the City and Acclaim executed a Third Renewal (CSC No. 53781-R3), renewing the term of the agreement through March 15, 2026. On August 25, 2025, the City executed Consent of Assignment No. 1 to a Vendor Services Agreement for Energy Consulting and Management Services from Acclaim Energy Advisors, LTD to Usource, LLC (CSC No. 53781-CA1). This amendment seeks to extend the existing contract for an additional three-year term beginning March 16, 2026, and ending March 15, 2029, with three one-year renewal options, with each annual compensation amount up to $231,248.00. Except as expressly modified herein, all other terms and conditions of the existing agreement shall remain unchanged and in full force. Usource (CSC No. 53781-CA1), formerly Acclaim Energy Advisors, Ltd., through its partnership has supported the City since 2020 by providing Energy Consulting and Management Services. More specifically, Usource acts as the City's Agent with our Retail Electric Provider (REP), Reliant, and our Natural Gas Supplier, Cokinos Energy providing their expertise Texas' Electricity and Natural Gas markets. Usource provides specialized expertise in regulated utility analysis and implements targeted utility cost reduction strategies while efficiently resolving complex billing disputes and regulatory challenges. This ensures continuous financial oversight, accurate cost management, and protection of the City's interests in an increasingly complex regulatory environment. As Fort Worth's dedicated energy advocate, Usource leverages deep industry relationships and market intelligence across both apps.cfwnet.org/council_packet/mc_review.asp? I D=34090&counci ddate=1 /13/2026 1 /2 1 /16/26, 11:40 AM M&C Review supply and ancillary energy sectors. The City of Fort Worth will continue to engage Usource LLC to provide comprehensive energy management and consulting services designed to strategically optimize the City's energy portfolio and deliver measurable cost savings. Extending this partnership ensures Fort Worth maintains its competitive advantage while allowing high -value strategic initiatives to advance without disruption or loss of momentum. The fiscal year 2026 adopted budget includes $71,000.00 budgeted in the General Operating & Maintenance category in the General Fund and $12,000.00 in the Alliance Maintenance Facility Fund for the Property Management Department for current services received from Usource. If additional funding for consulting services is needed, the Property Management Department will be responsible for ensuring the availability of funds. Usource received a waiver per the Chapter 252 exemption for Professional Services by the City Attorneys Office. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund and the Alliance Maintenance Facility Fund to support the approval of the above recommendation and award of the amendment. Prior to any expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. TO Fund Department I Account 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 City Manager's Office by. Originating Department Head: Additional Information Contact: ATTACHMENTS Valerie Washington (6199) Marilyn Marvin (7708) Juanita Rigsby (8518) Revised Usource Amend 4 FID Table (3).xlsx (CFW Internal) Usource Amend 4 Property Management Funds Availability.docx (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp? I D=34090&counci ddate=1 /13/2026 2/2 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: NextEra Advisors, LLC Subject of the Agreement: Vendor Services Agreement for Energy Consulting and Management Services. M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ 53781, Amendment 4 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 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: July 15, 2026 If different from the approval date. Expiration Date: March 15, 2029 If applicable. Is a 1295 Form required? * Yes ❑ No ii *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If'applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 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.