HomeMy WebLinkAboutContract 37797 (2)C11 SECRETARY
Contract for Services C�0NTRACT NO • ���
Between
Texas Association of Community Action Agencies, Inc.
And
City of Fort Worth
Contract No. 3443-08-009
Section 1. Parties to Contract
This contract (hereinafter "Contract") is made by and between the Texas Association of
Community Action Agencies, Inc. (hereinafter "Agency") and City of Fort Worth (hereinafter the
'Contractor"). Agency and Contractor together hereinafter referred to collectively as "Parties"
and individually as "Party".
Section 2. Contract Period
The Contract shall commence on May 1, 2008 and, unless earlier terminated, shall end on
December 31, 2008. 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 3. Purpose
The Targeted Low Income Weatherization Program (the "Program") is designed to employ
weatherization measures to cost-effectively reduce the energy consumption and energy costs of
Oncor's low income customers using the existing service delivery systems of the federally
funded Weatherization Assistance Programs (WAPs). Appropriate weatherization measures and
basic on -site energy education will be provided to eligible residential energy consumers. Oncor's
funding, administered by Agency, for weatherization measures will enhance and supplement the
federally funded WAP for low income Oncor customers in the Oncor service territory, expanding
the number of eligible customers served and weatherization measures installed.
Section 4. Scope of Work
Contractor shall provide weatherization services similar to the federally funded WAPs,
otherwise instructed by Agency, to eligible Oncor customers (hereinafter "Participants")
in Tarrant County, in the Oncor service territory.
Section 5. Program Requirements and Responsibilities of Contractor
5.1 Contractor shall:
5.1.1 Determine client eligibility, including:
unless
residing
• Customer of Oncor at the time of application;
• Household income at or below 125 percent of the federal poverty guidelines;
• Dwelling unit has refrigerated electric air conditioning; and
(yr=r��d'iL ft�
CITY SECRET
T. WORTH, TX
Contract No. 3443-08-009
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• Dwelling unit has not received similar energy efficiency services through
another energy efficiency program offered or sponsored by Oncor since 2002.
A process to verify prior energy efficiency services will be established and
provided to Contractor.
Operate under the standards established in 10 CFR Part 440, Exhibit A, and
allowed by the U.S. Department of Energy -approved Easy Audit.
5.1.3 Conduct a "pre -blower door test," a "post blower door test," and the completion of all
weatherization measures, including incidental repairs, which attain a Savings to
Investment Ratio (SIR) of 1.0 or greater using the Easy Audit and which are feasible
and reasonable in light of conditions at the dwelling unit and for which funding is
available. Contractor must use Participant's actual electric rate from electric bill.
5.1.4 Provide the Participant, or a designated representative, energy education, which
may include how to read an electric meter, understanding an electric bill,
understanding the impact of energy savings, and/or providing other general energy
management information. Energy education will be determined to have been
successfully delivered when the Participant signs a document stating the Participant
has received and understands the energy education.
5.1.5 Encourage Participants to use products provided through the Program in
accordance with manufacturers' instructions.
5.1.6 Encourage Participants to follow energy efficiency suggestions provided through the
on -site energy education.
5.1.7 Complete and maintain all program reports and forms as required by WAPs, both
programmatic and financial, such as landlord/tenant ownership agreement forms,
and forms to ensure proper accounting of all weatherization measures installed.
5.1.8 Report to Agency per Section 9 of this Contract.
5.1.9 Meet federal and state insurance regulations, if applicable.
5.2 Program funds may be used for incidental repairs made to a Dwelling Unit in conjunction
with allowed Weatherizatlon Measures. Agency will only reimburse Contractor for
expenditures required to achieve electrical energy savings. Contractor will not be
reimbursed for projects that do not result in electrical energy savings. All weatherization
measures, including incidental repairs, installed in the home regardless of the source of
funding must produce a SIR of 1.0 or greater. Compact Fluorescent Lights (CFLs) and
refrigerators are not required to be evaluated in the Easy Audit to be installed in eligible
Participant homes. Watersaver measures are not required to be evaluated in the Easy
Audit to be installed in Participant homes, provided the home relies upon electric water
heating equipment to heat water for domestic use.
5.3 At minimum, Contractor will weatherize one hundred forty-one (141) 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 Agency shall provide Contractor up to $617,171.00 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.
Contract No. 3443-08-009
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6.2 Agency shall:
6.2.1 Conduct quality control inspections;
6.2.2 Conduct financial and programmatic monitoring; and
6.2.3 Report to Oncor deemed energy savings for Program, calculated from dwelling unit
information reported by Contractor, as specified in 9.1.3 of this Contract.
Section 7. Quality Control
7.1 Inspections may be done by Agency and/or Oncor at any time, but for Agency to withhold
or reduce payments for completed weatherization measures at a dwelling unit, the
inspection must be completed within 60 days from the date Agency receives a complete
monthly report with all supporting documentation for the dwelling unit.
7.2 If quality control checks reveal undelivered services (i.e., services for which the Participant
is eligible that are feasible and reasonable in light of conditions at the dwelling unit and that
meet SIR requirements and for which funding is available), Contractor shall return and
provide such services.
7.3 If it is determined in the quality control inspections conducted by Agency or Oncor that an
authorized measure installed at a reported dwelling unit is incapable of performing its
intended function and/or it will not provide that function for the length of time prescribed to
the savings, then the requested payment for that measure (including the associated
administrative fee) will be subtracted from current or future payments. Contractor will have
60 days from the date it is notified by Oncor or Agency of the deficiency to bring the
deficient measure(s) into compliance and resubmit the measures associated with the
dwelling unit for consideration.
7.4 If Contractor fails to bring the deficient measures into compliance within the 60 day period
and the SIR of the dwelling unit falls below 1.0, then the remaining payment for the
dwelling unit (including the associated administrative fee) will be subtracted from a current
or future payment by that amount.
Section 8. Compensation
8.1 Upon execution of this Contract, Agency will make available to the Contractor
$123,434.20. Each month, Contractor will report funds expended and projected in order to
receive advance funds. Contractor's requests for advances shall be limited to the
minimum amount needed to perform the contracted services for a 30-day period. Agency
reserves the right to use a cost reimbursement method of payment for all funds if (1)
Agency determines Contractor has maintained excess cash balances; (2) Agency identifies
any deficiency in the Contractor's cash controls or financial management; (3) Agency
determines that a cost reimbursement would benefit the program; (4) Agency's funding
sources require the use of a cost reimbursement method; or (5) Contractor fails to comply
with any of the reporting requirements.
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 $4,000 per weatherized Dwelling Unit. Agency may reimburse Contractor for program
Contract No. 3443-08-009
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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 $4,000 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 $4,000 per Dwelling Unit cap, but
shall not be included in calculating the Whole House SIR.
8.3 If it is determined that a reported dwelling unit is ineligible for participation and there are no
options available to make it eligible, then that dwelling unit will be excluded from payment.
8.4 All funds must be encumbered during the Contract period in accordance with this Contract.
However, funds encumbered from November 1 — December 31 will be carried over and
processed for payment in January 2009.
Section 9. Reporting
9.1 Beginning June 20, 2008 and through the end of the Contract, Contractor will ensure
monthly reports are received by the Agency by the twentieth (20th) day of each subsequent
month. Agency will provide reporting form to Contractor. Report will include:
9.1.1 A copy of the Easy Audit, Deemed Savings Helper report, and Building
Weatherization Report for each weatherized dwelling unit;
9.1.2 Total amounts expended and encumbered by category (materials, labor, program
support, and administrative costs);
9.1.3 Number of dwelling units weatherized;
9.1.4 Demographic information for each weatherized dwelling unit, which will include and
may be expanded by agreement of the Parties: ESI ID, air conditioning type,
heating type, and water heating type.
9.2 Contractor agrees that it will keep accurate records of its expenditure of funds, program
performance documentation, and Participant files under this Contract. Files must include a
customer release form which allows release of information to Agency and Oncor.
9.3 All records required for a program audit and inspection shall be made available at the
offices of the Contractor, at all reasonable times, for inspection, audit, or reproduction, until
three (3) years after the date of final payment for any work.
9.4 Failure to fulfill reporting requirements may result in withholding of payments.
9.5 Reports must be delivered to:
Texas Association of Community Action Agencies, Inc.
2512 I.H. 35 South, Suite 100
Austin, TX 78704-5772
Section 10. Termination of Contract
10.1 Either Party upon thirty (30) days written notice may terminate the Contract. Upon
receiving notice of termination, Contractor will place no further orders, or enter into further
subcontracts for services, materials, or equipment related to the work where possible. In
addition, Contractor will delay or terminate all existing orders and subcontracts insofar as
Contract No. 3443-08-009
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those orders and subcontracts relate to the performance of the work terminated. However,
to the extent possible, Agency will allow continued delivery of eligible services to those
customers promised services prior to receipt of notice of termination. In the event of
termination, Contractor will identify any such customers and notify Agency to negotiate
delivery of services to them.
10.2 Agency may terminate the Contract without notice if the Contractor's Community Services
Block Grant, Comprehensive Energy Assistance Program and/or Weatherization
Assistance Program funds are suspended by the authorizing state agency.
Section 11. Recapture of Funds
11.1 As a benchmark for measuring performance goals, as of August 317 20081 if the amount
spent or encumbered is less than 20 percent of the Contract total, Agency may, after
review with Contractor, reduce the funding of the remaining allocation by up to 20 percent
of the total annual budget.
Section 12. Miscellaneous Provisions
12.1 Independent Contractor. Contractor is not an employee of the Agency. Contractor is an
independent contractor and this contract is expressly made subject to Contractor's
sovereign immunity. The Parties expressly agree that no provision of this contract is in any
way intended to constitute a waiver of any immunities from liability that the Parties or
Contractor specifically may have by operation of law. Contractor agrees to comply with all
applicable state, federal and local laws. Contractor represents and agrees that it will carry
insurance as required. Contractor shall furnish to Agency a certificate or certificates of
insurance indicating Contractor's and/or subcontractor's compliance with the requirements
of this paragraph and stating that the insurance described therein shall not be canceled or
terminated except on thirty (30) days written notice to Agency, or, in the case of
nonpayment of premiums, ten (10) days written notice to Agency. Additionally, Contractor
represents and agrees that Agency shall be named as an additional insured on all policies
(except workers' compensation) in the amounts of coverage therein stated and that all
policies will include a waiver of subrogation naming Agency with the appropriate
certificates of insurance evidencing that Agency has been named as an additional insured
on such policies and that such policies include a waiver of subrogation naming Agency.
12.2 Contract Renewal and Modification. Should questions or disputes develop with respect
to matters related to Contract terms, or with respect to Contractor activities, the Parties
shall meet promptly to resolve such issues. Should informal resolution not be possible, the
Parties stipulate to the selection of a resolution committee to assist in resolving any issues
that cannot be readily resolved through informal means. Should judicial resolution of a
disputed matter become necessary, the Parties agree that the forum shall be the courts of
Travis County, Texas,
12.3 Severability. In the event any provision of the Contract is held to be void, unlawful, or
otherwise unenforceable, that provision will be severed from the remainder of the Contract.
The Contract, as so modified, will continue to be in full force and effect.
12.4 Publicity. Information relating to this Contract may be released for publication and/or
advertising only with the prior written approval of Agency. Contractor is expressly
Contract No. 3443-08-009
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prohibited from using Oncor's name in any publication, advertising, or promotion without
Agency's written approval.
12.5 Binding On Successors. This Contract will inure to the benefit of and be binding upon
the undersigned Parties and entities, and their respective legal representatives,
successors and assigns.
Section 13. Entire Contract
This Contract constitutes the entire understanding of the
this Contract shall be made by an amendment in writing
Contract.
Stella Rodriguez, Executiv��irector for Agency
Texas Association of Community Action Agencies, Inc.
Joe Paniag
City of Fort
City Manager for Contractor
Parties. Any change in the terms of
and signed by both Parties to this
Date
Date
APPBROV�� lQ,�► �O
FOIR9�fD
Attachment
Exhibit A, 10 CFR Part 440
.' TAINT w;ITY .ATTORNEY
Attested by:
M Hendrix, City Secretary
Contract No. 3443-08-009
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