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RCONTA T O ,
Pilot Targeted Weatherization Low -Income Program
Agreement
BY and BETWEEN
ONCOR ELECTRIC DELIVERY COMPANY LLC
CITY OF FORT WORTH
OFFIC(A6. RECORD
CITY SECRETAF��
FT. WORTH, TX
Pilot Targeted Weatherization Low -Income Program Agreement
This Pilot Targeted Weatherization Low- Income Program (Program), Contract (Agreement) is made and
entered into by and between Oncor Electric Delivery Company LLC, a Delaware limited liability company
(hereinafter "Oncor") and the City of Fort Worth, a Texas municipal corporation (hereinafter "City"). City and Oncor
are sometimes referred to in this Agreement individually as a "Party' and collectively as the "Parties."
WHEREAS, Oncor has developed a Pilot Targeted Weatherization Low -Income Program for its Low -Income
Customers; and
WHEREAS, the City seeks to procure energy and peak demand savings through the installation and
operation of energy efficiency measures at Low -Income Customer Sites; and
WHEREAS, City has developed a plan for participation in the Program through a set of proposed energy
efficiency measures that will produce consistent and predictable energy and peak demand savings for Low -Income
Customer Sites with customers who are at 125% and below of the federal poverty level; and
WHEREAS, Oncor has received and accepted City's application to participate as a Service Provider in
Oncor's Program; and
WHEREAS, on September 3, 2008, the Texas Department of Housing and Community Affairs granted the
City authorization to use equipment and resources funded by the Department of Energy (DOE), Texas Department of
Housing & Community Affairs (TDHCA) and the Low -Income Home Energy Assistance Program (LIHEAP) in
conjunction with the Oncor Program.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the
receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
ARTICLE I -STANDARD OFFER PROGRAM
1.1 City will supplement its existing DOE and LIHEAP funded Weatherization Assistance Program by
participating as a Service Provider in Oncor's Program. Apart of this Agreement is Oncor Electric Delivery's Low -
Income Weatherization Standard Offer Program Manual (the "Manual"). City shall adhere to the Application
Procedure and Production Issuances set forth in the Manual. In order to participate in an Option, Service Provider
must have electronically selected the Option in which it desires to participate, and agreed to be bound by the Manual.
All capitalized terms not defined herein shall have the meaning as defined in the Manual.
1.2 The Manual is subject to change from time to time, at the sole discretion of Oncor Electric Delivery, and
Service Provider shall only be allowed to participate in an Option during the period of time in which the Manual
agreed upon by Service Provider is in effect. Upon agreement by Service Provider to participate in an Option, the
Manual shall be part of this Agreement and incorporated herein as if fully set forth in this Agreement.
1.3 Oncor agrees the City meets all necessary criteria and possesses all applicable insurance and Qualifications
set forth in the Manual.
1.4 In providing services under this Agreement, City shall adhere to the standards and guidelines applicable to
its existing DOE and LIHEAP funded Weatherization Assistance Program.
ARTICLE II -FUNDING
2.1 Oncor shall provide funds in the amount of Two Hundred Forty Thousand Dollars and 0 (zero) cents
($240,000.00) for all services performed by City pursuant to this Agreement.
2.2 Oncor shall advance funds to City prior to the performance of services under this Agreement. Funds shall
be paid to City in four (4) installments of Sixty Thousand Dollars and 0 (zero) Cents (Can ,000.00). After the first
installmentI the Housing Program Manager of the City or his designated representative shall notify Oncor when the
Oncor Electric Delivery Standard Offer Program
next installment is needed to continue performance of services. Oncor shall advance the requested installment to the
City within [30] of days of such request.
2.3 Only measures in the Oncor Low -Income Weatherization (LIW) Program Database are allowed for
incentives. The Program Database is part of Oncor's reporting tool where the Service Provider is required to log -in
and complete the deemed savings measures information for each Customer Site. The Manual used calculations from
the deemed savings calculator helper to determine and develop savings estimates on measures to be installed at
Customer Sites. The link to this helper file may be found at the following link:
hftl)://www.oncorgroul),com/pdf/2007manual/2006 Deemed Savings Calculation Helper.xls
2.4 Prior to Oncor releasing the second, third and forth installment, seventy-five (75) percent of the previous
installment funding must be entered in the Program Database under the Option "Retail Electric Providers and State
Funded Programs."
2.5 Installment funds not utilized by the City must be refunded to Oncor within 45-days after the end of the 2008
Program Year which is November 30, 2008.
ARTICLE III -REPORTING
3.1 City will submit all installed measures through the Program Database under the Option "Retail Electric
Providers and State Funded Programs."
3.2 City will submit signed Production Reports along with all required documentation as work is completed on a
monthly basis.
3.3 Ciry will be required to submit a Customer Certificate and Audit Report for each customer on the Production
Report.
3.4 City will not be required to submit an Income Eligibility Form; however only single family residential homes
connected to the Oncor transmission & distribution service lines (i.e. Oncor service territory) and qualified under the
City Weatherization Assistance Program Guidelines may participate.
3.5 City shall not be required to comply with Oncor's Inspection Process unless the condition listed in Article V
applies. City will provide inspection reports with each Production Report. City Inspectors will be required to sign
each Customer Certificate form verifying and confirming the measures listed on the Customer Certificate have been
installed at the Customer Site on the date indicated and have been inspected/verified through Pre and Post testing
where required
ARTICLE IV -TERM AND TERMINATION
4.1 The term of this Agreement shall commence on September 2, 2008 and, unless otherwise terminated as set
forth herein, shall continue in force and effect until November 30, 2008.or until Program funding is exhausted
provided however, that the provisions in this Agreement related to confidentiality, warranties, indemnity, audits and
records, and intellectual property will survive termination.
4.2 Either Party may terminate this Agreement, in whole or in part, at any time by providing written notice of
termination to the other Party. The notice of termination will specify the effective date of any termination, and that the
Agreement is terminated in its entirety. Upon such termination, City shall cease providing services under this
Agreement, except that City will finish any Customer Sites already commenced which cannot be discontinued. Within
thirty (30) days of termination, City shall refund to Oncor all funds that have not been applied to fund services
performed under this Agreement.
4.3 Oncor will have no obligations with respect to any contractual obligations entered into between Customer
and City after City's receipt of Oncor's notice of termination.
ARTICLE V -DEFAULT AND REMEDIES
5.1 Each of the following events will be deemed to be an Event of Default hereunder: (a) failure of City to
maintain any necessary permits, licenses or insurance required pursuant to the Agreement Documents; (b) City's
submission to Oncor of any false misleading or inaccurate information or documentation with respect to application
for or implementation of the Program or City's performance hereunder; (c) Modifications to any electronic or hard
Oncor Electric Delivery Standard Offer Program
copy forms or documentation of Oncor or Public Utility Commission of Texas (PUCT) forms without the written
consent of Oncor; (d) failure of either Party in a material fashion to perform or observe any of the material terms,
conditions or provisions of the Agreement Documents which failure materially adversely affects the other Party.
5.2 If an Event of Default occurs, the non -defaulting Party shall be entitled to terminate this Agreement upon
written notice to the other party. Termination shall be effective upon the receipt of properly served notice. Termination
A this Agreement will not relieve the defaulting Party of any obligations accruing prior to the event of termination.
ARTICLE VI -NOTICES
6.1 All notices from one Party to the other will be deemed to have been delivered on the date actually delivered
if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, or sent or
delivered by such other method as will ensure evidence of its receipt to the following addresses:
ONCOR ELECTRIC DELIVERY:
Oncor Electric Delivery Company LLC
1601 Bryan St., Suite 21-095D
Dallas, Texas 75201
Phone: 1-800-273-8741, ext. 2
Attn: Carl Brown
CITY:
City of Fort Worth
Fort Worth Housing Department
1000 Throckmorton St.
Fort Worth, TX 76102
Phone: (817) 392-1650
Attn: Jerome C. Walker — Housing Director
6.2 Either Party may change its address by written notice to the other in accordance with this Article VI.
However, it is the sole responsibility of the City to maintain the correct mailing address, email address and telephone
number in the Program Database.
ARTICLE VII -MISCELLANEOUS
7.1 This Agreement, along with the other Agreement Documents, embodies the entire agreement of the Parties
superseding all other agreements of the parties concerning this Work.
7.2 This Agreement may not be assigned or transferred without the prior written approval of Oncor. City may
subcontract the services under this Agreement. City shall require all subcontractors to meet the insurance
requirements set forth in the Manual.
7.3 This Agreement will be governed by, construed and enforced in accordance with the laws of the State of
Texas. The Parties agree that the proper venue and jurisdiction for any cause of action relating to the Agreement will
be Fort Worth City, Texas, unless such cause of action is within the jurisdiction of the PUCT, in which case proper
venue and jurisdiction will be at the PUCT.
7.4 This Agreement is expressly made subject to City's sovereign immunity, Title 5 of the Texas Civil Remedies
Code and all applicable State and federal law. The parties expressly agree that no provision of this Agreement is in
any way intended to constitute a waiver of any immunities from suit or from liability that the parties or the City has by
operation of law. Nothing in this Agreement is intended to benefit any third -party beneficiary.
7.5 The Parties represent that each has the full right, power and authority to enter and perform this Agreement in
accordance with all of the terms and conditions, and that the execution and delivery of this Agreement has been
made by authorized representatives of the parties to validly and legally bind the parties to all terms, performances
and provisions set forth in this Agreement.
Oncor Electric Delivery Standard Offer Program
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives.
Effective Date:
SIGNED this -day of ,� 2008
City of Fort Worth Housing Department
APPROVED AS TO FORM AND LEGALITY:
Vicki S. Ganske
Assistant City Attorney
By:
Joe P�riia�a
First Assist
ONCOR
By:
City Manager
Oncor Electric Delivery Company LLC
By:j
Name: 51, L carp y W, 1l�
Title: p 1%rr c-4br•
Date:
-2`f—OIV
OFFICfAL RECORD
CITY SECRETARY
FT. WORTH, TX
Marty Hendrix
City Secretary
Oncor Electric Delivery Standard Offer Program