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HomeMy WebLinkAboutContract 37797-A2 (2)Amendment Two to the Contract between Texas Association of Community Action Agencies, Inc. and CITY OF FORT WORTH, HOUSING DEPARTMENT Contract No. 3443-08-009 The Texas Association of Community Action Agencies, Inc. ("Agency"), upon execution of this Amendment, hereby extends its Contract with City of Fort Worth, Housing Department ("Contractor"), effective November 1, 2009. The Contract is modified for the following purposes: Extend the term of the contract. Revise the client eligibility requirements. Revise maximum expenditures per dwelling unit. Update the minimum dwelling units to be weatherized with this allocation. Update the allocation. Update the performance benchmarks. In addition to the terms set forth in the original Contract, the Parties agree to amend the Contract as follows: Replace all references in the Contract from EASY Audit to Energy Audit. Energy Audit is defined as an Energy Audit approved by the U.S. Department of Energy (DOE) for use on single family Dwelling Units, mobile homes, and multi -family buildings. The Texas Priority List is not an Energy Audit, Section 2. Contract Period The Contract extension period shall commence on November 1, 2009 and, unless earlier terminated, shall end on October 31, 2010. The Contract may be extended contingent upon availability of funds from Oncor Electric Delivery Company LLC (Oncor), satisfactory performance by the Contractor, and mutual agreement between the Parties. Section 5. Program Requirements and Responsibilities of Contractor 5.1 Contractor shall: 5.1.1 Determine client eligibility, including: Amendment Two to Contract No. 3443-08-009 Page 1 of 3 OFFICIAL RECORD CITY SECRETARY IF lAfnRTH, TX TACAA - Oncor • Customer of Oncor at the time of application; • Household income at or below 200 percent of the federal poverty guidelines; • Dwelling unit has refrigerated electric air conditioning; and • Dwelling unit has not received similar energy efficiency services through another energy efficiency program offered or sponsored by Oncor since 2002, using the verification process established and provided to Contractor. 5.3 At minimum, Contractor will weatherize ninety (90) dwelling units in the Oncor service territory counties specified in Section 4 of this Contract. Section 6. Program Requirements and Responsibilities of Agency 6.1 For the Contract extension period, Agency shall provide Contractor up to $642,995.00 to provide cost effective weatherization measures to Oncor's eligible customers, contingent upon availability of funds from Oncor. If sufficient funds are not available, Agency shall notify Contractor in writing within a reasonable time after such fact is determined. Agency shall then terminate this Contract. Section 8. Compensation 8.2 Contractor will be entitled to compensation for materials, labor and program support used by the federally funded WAP Service Provider to install weatherization measures for up to $6,500 per weatherized Dwelling Unit. Agency may reimburse Contractor for program support costs and up to 10% of the invoice amount for administration. The amount paid to Contractor for administration shall not be included in the calculation of the $6,500 per Dwelling Unit cap or the calculation of the Whole House SIR. Contractor's program support costs shall be included in the calculation of the $6,500 per Dwelling Unit cap, but shall not be included in calculating the Whole House SIR. 8.4 All funds must be encumbered during the Contract extension period in accordance with this Contract. Section 11. Recapture of Funds 11.1 As a benchmark for measuring performance goals, as of May 31, 20107 if the amount spent or encumbered is less than 35 percent of the 2010 Allocation, Agency may, after review with Contractor, reduce the funding of the remaining allocation by up to 20 percent of the 2010 Allocation. 11.2 By July 31, 2010, at least 65 percent of the 2010 Allocation shall be spent or encumbered. If not, Agency may, after review with Contractor, reduce the allocation by the amount that is not spent or encumbered. Amendment Two to Contract No. 3443-08-009 Page 2 of 3 OFFICIAIIa RECORD CITY SECRETARY! FT WORTH, T)JACAA - Oncor When signed by both parties, this Contract Amendment is effective November 1, 2009, and, unless earlier terminated, shall end on October 31, 2010. All other provisions of the original contract not specifically amended herein are continued in full force and effect. By their signatures below, the parties hereby bind themselves. fella Rodriguez, Executi Texas Association of Con )irector for Agency nity Action Agencies, Inc. T.M. Higgins, Assistar� City Manager for Contractor City of Fort Worth, Housing Department Approved as to Form and Legality: Assistant City Attorney Marty Hendrix, Amendment Two to Contract No. 3443-08-009 Page 3 of 3 Date o Date Ci- Zy 1 b v MEi`�--�il.T.Te7 OFFICIAL RECORD CITY SECRETARY FT WORTH, TX TACAA - Oncor M&C Review Page 1 of 2 Official site of the City of Fart Worth, Texas COUNCIL ACTION: Approved on 4/6/2010 -Ord. No. 19101-04-2010 DATE: 4/6/2010 REFERENCE NO.: C-24160 LOG NAME: 17TACCA2010 CODE: C TYPE: NON -CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of Low Income Weatherization Assistance Program Funds Up to $642,995.00 from the Texas Association of Community Action Agencies, Inc., Authorize Related Contract Amendment and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept a grant up to $642,995.00 from the Texas Association of Community Action Agencies, Inc., for a Low Income Weatherization Program; 2. Authorize the City Manager to execute a second amendment to City Secretary Contract No. 3779' with the Texas Association of Community Action Agencies, Inc., to accept additional grant funds and extend the existing contract for an additonal term beginning November 1, 2009 and ending October 31, 2010; 3. Authorize the City Manager to execute, amend, extend or renew necessary contracts or other related documents in accordance with City policies and regulations upon mutual agreement with Texas Association of Community Action Agencies, Inc.; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th Grants Fund by $642,995.00 subject to receipt of the grant. DISCUSSION: Oncor Electric Delivery Company has developed a Low Income Weatherization Program which will provide assistance to its low income customers for energy efficiency measures. The primary objectiv of the program is to achieve a cost effective reduction of energy use in the homes of eligible families To qualify, a family' s income must be less than 200 percent of the Federal poverty level and they must be connected to Oncor' s electric system. Services may include attic insulation, weather stripping, caulking, window and door repairs and/or replacement, compact fluorescent lighting, installation of water saver devices and Energy Star air conditioners and refrigerators. Final determination of services is made through the performance of an energy audit or in accordance with an approved priority list. These grant funds will be distributed both through the Texas Association of Community Action Agencies, Inc. (TACAA), a Statewide non-profit organization, and directly through local service providers. On July 15, 2008, the City Council approved the acceptance of a grant from TACAA and authorized City Secretary Contract No. 37797 for the project (M&C C-22917). The contract was extended for an additional term in City Secretary Contract No. 37797-A1. Staff is asking the Council to authorize acceptance of the additional grant funds under a second contract amendment. The Housing and Economic Development Department has operated similar programs since 1982 http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12925&councildate=4/6/2010 4/16/2010 _M&C Review Page 2 of 2 under the Weatherization Assistance Program (WAP) funded by the Department Energy and the Lov Income Home Energy Assistance Program through the Texas Department of Housing and Community Affairs on a grant basis. Current year target under this City program is approximately 75( homes. The proposed low income weatherization program from TACAA will provide supplemental funding to the existing City WAP to provide a greater scope of services within the spending limits of the program or to provide services to units otherwise not receiving assistance. The program will be administered within existing WAP standards and guidelines. Contractors will not be paid until work is inspected by Housing and Economic Development Department inspectors. The program is available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. No matching funds are required from the City. TO Fund/AccountlCenters GR76 451987 017480442000 GR76 5 (VARIOUS) 017480442010 $642, 995.00 $642,995.00 Submitted for City Manager°s Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 17TACC_A20.09_AO. d oc FROM Fund/Account/Centers Thomas Higgins (6140) Jay Chapa (6192) Mark Folden (8634) David Maryol (7382) http://apps.cfwnet.org/council�acket/mc review.asp?ID=12925&councildate=4/6/2010 4/16/2010 ttr TO: Mark Folden, Housing and Economic Development Department FROM: Allison Tidwell, City Secretary's Office DATE: Apri129, 2010 SUBJECT: AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 37797 TO ACCEPT ADDITIONAL GRANT FUNDS AND EXTEND EXISTING CONTRACT FOR ADDITIONAL TERM BEGINNING NOVEMBER 1, 20099 AND ENDING OCTOBER 31, 2010 (M&C C-24160) These documents are being forwarded to you for original signatures from the Texas Association of Community Action Agencies. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing received all of the documents, we will assign a contract number, cooperation. If you have any questions, please call me at 817-392-6090. Attached: 4 sets of the contract. Once we have Thank you in advance for your