HomeMy WebLinkAboutContract 30359 TXU
Energy
CITY SECRETARY
ENERGY AID AGREEMENT ;ONTRACT NQ 03
This Energy Aid Agreement is made, entered and effective as of the 21" day of June,
2004, by and between TXU Energy Retail Company LP on behalf of itself and its affiliated
companies ("Company") and City of Fort Worth (City), a home rule municipal corporation
located in Tarrant, Denton and Wise Counties on behalf of Community Action Partners, which is
the Community Action Agency for Tarrant County.
Company and City 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.
Community Action Partners is organized, inter alia, to provide charitable assistance to
persons in financial distress and City 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
Community Action Partners and such other nonprofit charitable organizations can use and apply
such contributions for the charitable purposes of the Energy Aid Program 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 City hereby
agree as follows:
1. Energy Aid
City 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, City 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 City for
use by Community Action Partners. All monies so allocated will be either in the form of a credit
to City or a payment to the City. City will use said funds as provided herein.
Company reserves the right to request that City refund to Company all Energy Aid Funds
not distributed by City. If the Energy Aid Funds were paid directly to City, the City 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 City at Company's discretion:
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3. Fund Guidelines
3.1 A person seeking assistance (a "Beneficiary") from City 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, City may, on a case by case basis, make exceptions
for specific Beneficiaries, if in City'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 City the right to contact third
parties in order to obtain information regarding the Beneficiary.
4. Energy Aid Monthly Report
City will complete the Energy Aid Monthly Report attached hereto and return the same to
Company no later than the tenth (10`") 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 thirty (30) day advance written notice
to City.
5. Energy Aid File
City 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; and
(ii) A copy of each completed Energy Aid Report.
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 City and Community
Action Partners for examination of City's and Community Action Partners administration of
Energy Aid Funds; provided however, this Section shall not be interpreted as granting Company
the right to control how City determines which Beneficiaries will be entitled to receive Energy
Aid Funds or how City governs its day to day business.
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7. Non-exclusive Agreement
City acknowledges that Company may enter into one or more agreements with other
charitable organizations, including charitable organization located within City's service area,
pursuant to which such organization will be eligible to participate in Energy Aid.
8. Term and Termination
Either City or Company may terminate this Agreement, with or without cause, upon
thirty(30) days written notice to the other party.
9. Miscellaneous
9.1 Governinp- Law. This Agreement will be governed by the laws of the
State of Texas without regard to conflicts of laws principles.
9.2 Waiver. The rights and remedies of the parties to this Agreement are
cumulative and not alternative. Neither the failure nor any delay by either party in exercising
any right, power or privilege under this Agreement 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 this Agreement 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 Agreement.
9.3 Bindinp- Effect; Delep-ation of Duties Prohibited. This Agreement
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 City under this Agreement, being personal,may not be delegated.
9.4 Notices. Whenever it is provided in this Agreement 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:
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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)
If to City: City of Fort Worth
Parks and Community Services Department
Community Action Partners
4200 South Freeway, Ste. 2200
Fort Worth, TX 76115-1499
817-871-5775
817-871-5776 (fax)
or at such other address as the intended recipient will from time to time designate by written
notice delivered in accordance herewith.
9.5 Entire Ap-reement, Amendments. This Agreement contains the entire
agreement between the parties with respect to subject matter hereof and supersedes all prior
agreements and understandings, oral or written, between the parties hereto with respect to the
subject matter hereof. This Agreement may not be amended orally, but only by an agreement in
writing signed by each of the parties hereto.
9.6 Section Headings and Construction. The headings of Sections in this
Agreement are provided for convenience only and will not affect its construction or
interpretation. All references to "Section" refer to the corresponding Section of this Agreement
unless otherwise specified. All words used in this Agreement 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.
9.7 Severability. If any provision of this Agreement is held invalid or
unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will
remain in full force and effect. Any provision of this Agreement held invalid or unenforceable
only in part or degree will remain in full force and effect to the extent not held invalid or
unenforceable.
9.8 Counterparts. This Agreement may be executed in one or more
counterparts, each of which will be deemed to be an original copy of this Agreement and all of
which, when taken together, will be deemed to constitute one and the same agreement.
9.9 Venue and Jurisdiction. If any action, whether real or asserted, at law or
in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie
in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas — Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
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IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date
above first written above.
TXU ENERGY RETAIL COMPANY LP CITY OF FORT WORTH
By: TXU Energy Management
Company, LLC, Its General
Partner
Kim dampbell, an auto -zed agent ame: y Watson
Energy Assistance Program Manager Title: Assistant City Manager
ATTESTED BY
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TXU Energy(REP Certificate No. 10004) is not the same company as TXU Electric Delivery
and is not regulated by the Public Utility Commission of Texas, and you do not have to buy TXU
Energy's products to continue to receive quality regulated services from TXU Electric Delivery.
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TXU
Monthly Summary Report
Energy Aid Receipts and Disbursements
Month Ending
Please complete the form below and return by the 10'h of each month to Kim Campbell at TXU Energy.
City of Fort Worth
4200 S. Freeway, Suite 2200
Fort Worth, TX 76115
Person Responsible for Report (Please Print)
Phone Number
If you have any questions don't hesitate to call our Energy Assistance Group at 1-800-645-4601 or
Kim Campbell at 214-812-2402.
Thank you for your cooperation!
Balance in Energy Aid Fund at beginning of the month $
Add amount received from TXU Energy for Energy Aid Fund + $
Total Energy Aid operating funds this month = $
Less total disbursements of Energy Aid Fund during the month
ADJUSTMENT'S (example corrections to prior report)
Balance in Energy Aid Fund at the end of the month = $
Report can be e-mailed to kim.campbell@txu.com, or faxed to 1-800-556-6753.
TXU Energy
Energy Assistance Group
P. O. Box 650257
Dallas, TX 75265-0257
City of Fort Worth �OTXUv4FAMF
Detailed Monthly Report
Record of Client Pledges
DATE CLIENT/CUSTOMER'S NAME ACCOUNT# AMOUNT
1
2
3
4
_5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Report can be e-mailed to kim.campbell@txu.com or faxed to 1-800-556-6753.
TOTAL $
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/6/2004 - Ordinance No. 16030
DATE: Tuesday, July 06, 2004
LOG NAME: 8080TXU04 REFERENCE NO.: **C-20140
SUBJECT:
Authorization to Execute a Contract and Accept Funds from TXU Energy and Adoption of Related
Appropriation Ordinance for the Energy Aid Program through December 31, 2004
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with TXU and accept funds up to $250,000 for the
Energy Aid Program through December 31, 2004; and
2. Authorize the agreement to begin upon execution of the contract, and end December 31, 2004, with a
two (2) year option to renew; and
3. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the
Special Trust Fund up to $250,000 upon receipt of funds.
DISCUSSION:
TXU 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. For several years City of
Fort Worth Parks and Community Services' Community Action Partners (CAP), an Energy Aid recipient, has
received funds from TXU to assist low-income customers with their utilities (electric and gas) bills. Because
TXU maintained these funds in an account for CAP at their company, an M&C nor City approved agreement
was required. Eligible customers were certified by CAP. A list of qualified customers were submitted to
TXU, which credited their accounts.
On June 17, 2004, the City was notified that TXU Energy (corporate office) is awarding $15 million to their
Energy Aid Program to be expended over a period of three (3) years ($5 million per year). From this
amount, the City (CAP) will receive approximately $250,000 per year over the next three (3) years in
quarterly increments. Because TXU is undergoing reorganization, they will no longer maintain funds
awarded to the Energy Aid recipients/agencies. On June 21, 2004, the City was awarded the
first allocation of $100,000. This initial allocation must be expended by September 30, 2004 in order for
CAP to receive additional funds. The remaining $150,000 for 2004 will be allocated in the third and fourth
quarter and must be expended by December 31, 2004.
This program serves all COUNCIL DISTRICTS.
Logname: 8080TXU04 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendation and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget as appropriated of
the Special Trust Fund. The Parks and Community Services Department will be responsible for collection
and depositing of funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE72 488100 080537000000 $250,000.00 FE72 535020 080537000000 $250,000.00
FE72 535020 080537000000 $250,000.00
Submitted for City Manager's Office by�
Originating Department Head:
Additional Information Contact:
Logname: 8080TXU04 Page 2 of 2