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HomeMy WebLinkAbout5.992 Original ContractENERGY SETTLEMENT CY PRES RECIPIENT AGREEMENT BETWEEN THE STATE OF WASHINGTON AND CITY OF PORT ANGELES The State of Washington, Antitrust Division, investigated several energy companies concerning possible illegal activity occurring during the 2000 -2001 energy crisis. In settlement of that investigation, energy companies agreed to pay restitution to benefit consumers and businesses in Washington for the harm allegedly caused by the companies' conduct. Due to the amount of money received and the number of customers who were harmed, the Attorney General has determined that residential consumers shall receive the benefit of the settlement in the form of a cy pres distribution. The amount to be distributed for cy pres use to benefit residential customers is approximately $6,249,540.64. The Attorney General's Office has allocated the residential cy pres amount to utilities throughout the state based on their residential populations served. Based on that amount, the allocation to City of Port Anueles is $19,505.36. City of Port Antieles has preliminarily committed to use the funds received for low income energy assistance and /or weatherization programs. The state of Washington and City of Port Aneeles further agree that: I. PARTIES This Agreement is between the Office of the Washington State Attorney General and Citv of Port AniTeles. 3 The settlement agreements with the energy companies permit the Attorney General to determine how best to provide restitution to individual consumers and businesses. The restitution can be provided directly, or in an indirect manner. "Cy pres" refers to an indirect method of distribution used when direct restitution is impracticable. ugly 11. REPRESENTATIONS AND CONDITIONS AGREED TO BY RECIPIENT A. City of Port Anueles hereby agrees that all funds received will be used to benefit its residential customers. Funds will be used to support residential low- income energy assistance or residential weatherization programs unless prior written approval is obtained from the Attorney General's Office. B. City of Port Anueles will deposit the funding in an interest bearing account. Any interest accrued thereon is subject to the same restrictions set forth herein as bind the principal funding. C. Citv of Port Anueles will use the funding only to fund activities not funded previously or which, but for the receipt of money from the settlement fund, would not be fully funded. If an activity has been previously funded, City of Port Anueles shall not use any portion of the funding to supplant existing funding and shall only use it to fund an expansion of activities. D. City of Port Anueles shall disburse all the money provided to it as soon as reasonably practical, but in no event by no later than December 31, 2010, unless the Attorney General's Office grants an extension in writing in advance. E. City of Port Anueles has obtained all necessary approvals required to execute this contract. III. CERTIFICATIONS A. City of Port Anueles certifies that it will comply with all applicable laws, rules, and regulations of the State, which are in effect or become effective during the term of this Agreement. 2 B. Citv of Port Angeles certifies that it will comply with all applicable federal, state, and local laws relating to nondiscrimination in employment; will not discriminate against any individual who receives or applies for services on the basis of actual or perceived age, race, creed, religion, color, national origin, gender, disability, marital status, sexual orientation, alienage, or citizenship; and, will forward to the Attorney General's Office a copy of any finding by a court or administrative agency that it has violated any federal, state, or local law relating to nondiscrimination. C. City of Port Angeles certifies that it will comply with all applicable federal, state, and local labor and employment laws and regulations, including any applicable schedules or determinations made by the State Department of Labor and Industries and Employment Security Department and will forward to the Attorney General's Office a copy of any finding by a court or administrative agency that it has violated any federal, state, or local law or regulation relating to labor or employment. D. City of Port Angeles certifies that any services provided pursuant to this Agreement will be secular in nature and will be perfonned in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. E. If City of Port Angeles retains any contractor, subcontractor, consultant or other entity to provide services funded by these monies, City of Port Angeles must ensure that such an entity completes all certifications set forth in paragraphs III. A -D supra. 3 IV. INDEMNIFICATION If City of Port Angeles enters into subcontracts m administering the project, Citv of Port Angeles shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under this Agreement. No contractual relationship shall be deemed to exist between the subcontractor and State. V. RECORDS AND REPORTING A. City of Port Angeles shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records "). The Records must be kept for the balance of the calendar year in which they were made and for three (3) additional years thereafter. The Attorney General, his staff, and their agents, including but not limited to any audit or accounting firm retained for funding oversight, and any other person or entity authorized to conduct an examination, shall have access to the Records during normal business hours at City of Port Angeles for the term specified above for the purposes of inspection, auditing and copying. B. City of Port Angeles shall provide written reports to the Office of the Washington State Attorney General or its designated agent on a semi- annual basis, beginning six months from the date of receipt of funding. These reports shall be sent to the Office of the Washington State Attorney General, Antitrust Division, Suite 2000, 800 Fifth Avenue, WA 98104, Attention: Dale Eastman. Each semi - annual report shall include: (a) all expenditures using generally accepted accounting principles; (b) the status of the project; (c) the programs provided; (d) an explanation of how 4 the programs fulfilled the purpose of the underlying Court - approved settlement, i e., how the programs benefited residential energy customers in Washington state; (e) the number of persons served or benefited; and (f) any other specific information that the Office of the Washington State Attorney General or its agents deem reasonable in monitoring the program. C. The Attorney General and his designated staff have discretion to request additional reports or information at any time during the term of the award necessary to ensure compliance with this agreement and /or the court's order. D. After City of Port Angeles has fully used the funds, it shall provide a final report that describes all matters covered by the semiannual report described in paragraph B, supra. The Attorney General or his agent has discretion to promulgate guidelines for the format and contents of the final report. E. City of Port Angeles will fully cooperate with requests from the Washington State Attorney General's Office and its agents including any audit or accounting firms or other contractors retained to assist in evaluating and /or auditing City of Port Angeles's use of the energy distribution monies. VI. TERMINATION A. The parties to this Agreement acknowledge the obligation of the Washington State Attorney General to ensure that the monies are spent in a manner consistent with the settlement agreement between the State and the energy companies. Any failure by City of Port Angeles to provide requested access, information or reports, or any expenditures made from the monies that do not comply with this Agreement, or any other violation of this Agreement, may cause the Office of the 5 Washington State Attorney General to seek removal of City of Port Angeles as an approved recipient of funds and to demand full reimbursement to the state of Washington. B. If at any time the state of Washington believes City of Port Angeles to be in noncompliance with any provisions of this Agreement, the State shall give City of Port Angeles thirty (30) days' written notice describing the claimed noncompliance with sufficient specificity to enable City of Port Angeles to cease and correct the claimed noncompliance. If City of Port Angeles does cease and correct all claimed noncompliance within a thirty (30) day period, the state of Washington shall take no further action. Dated this 17th day of November, 2009 AGREED: ROB MCKENNA ATTORNEY GENERAL OF WASHINGTON By: R ADY'A. JOHNSON Senior Counsel Washington State Attorney General's Office CITY OF PORT ANGELES By: Printed Name: Title: A ar 6 ( - 1 63 ) 6 iMuN December 15, 2009 Janessa Hurd, City Clerk City of Port Angeles 321 East 5th Street Port Angeles, WA 98362 RE: Enron Settlement Distribution — Contract Dear Ms. Hurd: Per your request during our telephone conversation, please find enclosed an original contract in regard to the City of Port Angeles receiving funds from the Washington State Attorney General's Enron Settlement to benefit low income and weatherization programs. Please have your representative sign the contract and return it to me by mail. Please also send the contract by faxing it to 206- 464 -6338 or scanning it and emailing to me at bradviaatu.wa.aov. Sincerely, BRA R. JOHNSON Senior Counsel Antitrust Division 206 -389 -2848 BRJ:krh Rob McKenna ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue #2000 • Seattle WA 98104 -3188