HomeMy WebLinkAboutContract 43369CITY SECRETARY'
CO�CT I40R
TARGETED LOW- INCOME WEATHERIZATION PROGRAM
AGREEMENT
BY AND BETWEEN
CITY OF FORT WORTH
AND
FRONTIER ASSOCIATES, LLC
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TARGETED LOW- INCOME WEATHERIZATION PROGRAM AGREEMENT
This Targeted Low - Income Weatherization Program ( "Agreement ") is made and
entered into by and between Frontier Associates LLC, a Texas limited liability
company (hereinafter "Frontier ") and the City of Fort Worth, a Texas municipal
corporation (hereinafter "City "). City and Frontier are sometimes referred to in this
Agreement individually as a "Party" and collectively as the "Parties."
WHEREAS, Atmos Energy Corporation, a Texas and Virginia corporation
(hereinafter "Atmos ") has developed a Pilot Targeted Weatherization Low - Income
Program for its Low - Income Customers ( "Program "); and
WHEREAS, Frontier has been engaged by Atmos to assist with delivery of
energy efficiency services under the Program to certain income - qualified Atmos
customers ( "Customers "); and
WHEREAS, the City seeks to procure energy and peak demand savings through
the installation and operation of energy efficiency measures (the "Work ") 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 200% and below of the federal poverty level ( "Customer Sites "); and
WHEREAS, Frontier has received and accepted City's application to participate
as a Service Provider in the 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 and
Community Affairs ( "TDHCA ") and the Low - Income Home Energy Assistance Program
( "LIHEAP ") in conjunction with the 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:
1. SCOPE OF SERVICES
1.1. City will supplement its existing DOE and LIHEAP funded Weatherization
Assistance Program ( "WAP ") by participating as a Service Provider in the Program.
1.2. City will provide services to Frontier as described in the attached Appendix A,
Scope of Work, incorporated herein for all purposes.
Targeted Low - Income Weatherization Program
Agreement Between City and Frontier Associates 2 of 7
2. FUNDING
2.1. Frontier shall provide funds in the amount of Fifty Thousand and 00/100 Dollars
($50,000.00) for all services performed by City pursuant to this Agreement ( "Allocated
Funds ") subject to the City's ability to expend the Allocated Funds in a timely manner,
as set out in paragraph 2.2.
2.2. During the term of this Agreement, City shall adhere to the required
implementation milestone schedule. Failure to meet any of the following
implementation milestones may result in a proportional reduction of the Allocated
Funds. Progress towards achieving milestones shall be measured by the total dollar
value (include administrative cost allowance) of the energy efficiency measure
installations completed and reported by City via Frontier's Program Database.
2.2.1. 15% of the Allocated Funds for 2012 must be spent by the City on eligible
energy efficiency measures that have been installed and reported via the
Program Database on or before April 30, 2012.
2.2.2. 60% of the Allocated Funds for 2012 must be spent by the City on eligible
energy efficiency measures that have been installed and reported via the
Program Database on or before July 31, 2012.
2.2.3. 100% of the Allocated Funds for 2012 must be spent by the City on
eligible energy efficiency measures that have been installed and reported
via the Program Database on or before September 30, 2012.
3. REPORTING
3.1. City will submit all Customer and measure data via the Program Database.
Frontier will provide training to City staff prior to Program implementation.
3.2. City will be required to provide a completed and signed Customer
Acknowledgement Form for each Customer.
3.3. Invoices and Customer Acknowledgement Forms will be submitted via the
Program Database.
3.4. City will not be required to submit an Income Eligibility Form; however only single
family residential homes connected to the Atmos transmission and distribution service
lines (i.e. Atmos service territory) and qualified under the City WAP Guidelines may
participate.
3.5. City shall not be required to comply with Frontier's Inspection Process unless the
condition listed in Article 6 applies. City will provide inspection reports with each
Production Report. City Inspectors will be required to sign each Customer
Acknowledgement Form verifying and confirming that the measures listed on the
Customer Acknowledgement Form have been installed at the Customer Site on the date
indicated and have been inspected /verified through pre and post testing where required.
Targeted Low- Income Weatherization Program
Agreement Between City and Frontier Associates 3 of 7
4. RECORDS AND AUDIT
4.1. City's books, records, correspondence, accounting procedures and practices and
any other supporting evidence relating to this Agreement (all of the foregoing hereinafter
referred to as "Records ") shall be open to inspection and subject to audit and /or
reproduction, during normal working hours, by Frontier or its authorized representative
to the extent necessary to adequately permit evaluation and verification of Customer
eligibility, or of any invoices, payments or claims based on City's actual costs incurred,
or units expended, directly in the performance of the Work under this Agreement. For
the purpose of evaluating or verifying such actual or claimed costs or units expended,
Frontier or its authorized representative shall have access to said Records from the
effective date of this Agreement, for the duration of the Work and until three (3) years
after the date of final payment by Frontier to City pursuant to this Agreement.
5. TERM AND TERMINATION
5.1. The term of this Agreement shall commence on February 21, 2012 and, unless
otherwise terminated as set forth herein, shall continue in force and effect until
September 31, 2012 or until the Allocated Funds are exhausted provided however, that
the provisions in this Agreement related to warranties, audits and records, will survive
termination.
5.2. 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
Frontier all Allocated Funds that have not been applied to pay for services performed
under this Agreement.
5.3. Frontier will have no obligations with respect to any contractual obligations
entered into between Customer and City after City's receipt of Frontier's notice of
termination.
6. DEFAULT AND REMEDIES
6.1. 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 Frontier 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 copy forms or documentation of Frontier or Texas Railroad
Commission (TRC) forms without the written consent of Frontier; (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.
Targeted Low- Income Weatherization Program
Agreement Between City and Frontier Associates 4 of 7
6.2. 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 of this Agreement will
not relieve the defaulting Party of any obligations accruing prior to the event of
termination.
7. FORCE MAJEURE
7.1. Neither Party shall be liable to the other for any delay in or failure of
performance, nor shall any such delay in or failure of performance constitute default, if
such delay or failure is caused by "Force Majeure." As used in this Section, Force
Majeure is defined as: acts of war and acts of god such as earthquakes, floods and
other natural disasters, or actions of others, including but not limited to strikes, lockouts
or other industrial disturbance, not within the control or arising from the fault of the Party
claiming Force Majeure.
8. INSURANCE
8.1. The City represents to Frontier the following:
(a) it is self- insured for all claims falling within the Tort Claims Act;
(b) it is self- insured for Worker's compensation insurance as provided by Chapter
407 of the Texas Labor Code; and
(c) it is either insured under a policy of commercial insurance or is self- insured
for automobile insurance with minimum coverage of $500,000 per occurrence
for bodily injury or death and $100,000 for injury to or destruction of property.
If City is insured under a policy of commercial insurance, the insurance will be
issued by a company that the State Board of Insurance has authorized to do
business in Texas.
9. NOTICES
9.1. 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:
Frontier Associates:
City:
Frontier Associates, LLC
City of Fort Worth
1515 S. Capital of Texas Highway, Suite 110
1000 Throckmorton St.
Austin TX 77486
Fort Worth TX 76102
Phone (512) 372 -8778
(817) 392 -5774
Targeted Low- Income Weatherization Program
Agreement Between City and Frontier Associates
5 of 7
Attn.: Bill Brooks- CEO Attn: Sonia Singleton — Interim Assistant
Director
9.2. Either Party may change its address by written notice to the other in accordance
with this Article 9. However, it is the sole responsibility of the City to maintain its correct
mailing address, email address and telephone number in the Program Database.
10. MISCELLANEOUS
10.1. This Agreement, along with the other documents, embodies the entire agreement
of the Parties superseding all other agreements of the Parties concerning the Work.
10.2. This Agreement may not be assigned or transferred without the prior written
approval of Frontier.
10.3. City may subcontract the Work or other services described in this Agreement.
The City shall be fully responsible for all acts and omissions of its personnel and its
subcontractors and subcontractor's suppliers and their employees and shall be
specifically responsible for sufficient and competent supervision and inspection to
assure compliance in every respect with the Agreement requirements. Frontier shall not
be responsible for the payment of any sums to any of the City's subcontractors or
subcontractor's suppliers. City shall require all subcontractors to provide worker's
compensation insurance and other insurance coverages and limits as set forth in Article
8.
10.4. 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 TRC, in which case proper venue
and jurisdiction will be at the TRC.
10.5. 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.
10.6. 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.
Targeted Low - Income "reatherization Program
Agreement Between City and Frontier Associates 6 of 7
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives.
SIGNED thisf.6 ay of \'1 , 2012
CITY OF FORT WORTH
By:
F�� %,-'
Susan Alanis
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
By: ✓
Tyler F. Wallach
Assistant City Attorney
ATTE n
By.
M Kayser
City Secretary
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FRONTIER ASSOCIATES, LLC
By: OC
Name: Bill Brooks
Title: CEO
Date: 6 12-7 / -d /
Targeted Low - Income Weatherization Program RECpRD
Agreement Between City and Frontier Associates OFF' '14L CORD
CITY SECRETpR
f T. WORTH+ TX
7 of 7
APPENDIX A
SCOPE OF WORK
1.0 Referenced Agreement. All Work shall be accomplished in accordance with the weatherization
services agreement between Frontier Associates LLC, a Texas Limited Liability Company,
(Frontier) and the City of Fort Worth. (Agency).
2.0 Customer Outreach and Eligibility Determination. Agency will utilize its own resources to identify
eligible customers, and shall verify income eligibility using eligibility verification procedures
outlined in Texas Administrative Code (TAC) Rules for Energy Assistance Programs. The target
market for the Program is single - family homeowners or renters. Agency will verify that the
Customer Site is in Atmos' Mid -Tex service territory by obtaining the account number from the
Customer and inputting this number into the Program Database.
3.0 Assessments. For customers determined to be eligible using the procedures outlined in Section 2.0,
Agency may conduct an assessment to determine the applicability and Savings -to- Investment (SIR)
ratio for the following energy efficiency measures:
3.1 Gas water heater replacement
3.2 Gas heater replacement / tune -up
3.3 Ductwork repair or replacement
3.4 Gas water heater blanket
3.5 Water heater pipe insulation
3.6 Low -flow showerheads
3.7 Attic insulation
3.8 Floor insulation
3.9 Air infiltration reduction measures
3.10 Other Atmos- approved energy- saving devices, replacements and information
In addition to the measures listed above, the Agency may utilize up to $500 per home for the repair
or replacement of customer -owned gas piping, or for gas safety and code compliance work. This
maximum repair amount per home may be modified by Frontier during the term of the
weatherization services agreement.
As part of the assessment, the Agency is responsible for verifying that the health and safety of
customers will not be impacted by the installation of any of the above measures. This may
include, but is not limited to: conducting lead -safe renovation practices in accordance with US
EPA regulations; and verifying pre- and post - installation carbon monoxide levels and pre- and
post - installation ventilation rates as part of the installation of wall insulation, air infiltration control
measures, or duct sealing.
4.0 Assessment Fee. The fee for conducting assessments shall be $100 per home. This fee is inclusive
of all costs, including travel and any other related expenses. Only assessments conducted on
eligible customer homes are eligible for payment.
Pagc A- I
5.0 Measure Installation Costs. Prior to conducting assessments, City shall provide unit costs for the
installation of measures listed in Paragraph 3.0. Frontier shall input these costs into the Program
Database for use by City in calculating SIR ratio for measure installations.
6.0 Determination of Measures to be Installed. Agency shall input measure data collected during the
Assessment into the program database. The program database will calculate SIR for each of the
applicable measures and will determine the most cost - effective combination of measures to be
installed, up to the maximum expenditure of $1,500 per home.
7.0 Work Order Submittal. Agency shall submit work orders via the program database. Work orders
shall consist of a list of homes for which an assessment has been completed, including installation
cost and savings estimates.
8.0 Work Order Payment. Frontier shall provide payment for properly- submitted work orders within ten
calendar days of submittal. Work order payment shall include payment for the assessment, plus
estimated installation costs for program measures, excluding the Agency administration fee.
9.0 Installation of Measures. Agency shall perform and /or coordinate the installation activities, as well
as any required post - installation services, such as installation verifications and the recycling or
disposal of old appliances. All work shall be performed in a workmanlike manner, consistent with
industry and TDHCA measure installation standards. Agency shall complete all required services
and input updated measure installation data for each home included in a work order within forty-
five (45) calendar days of work order submittal.
10.0 Installation Data. Agency shall update installation data for each home as soon as measures are
installed. In addition to updating the installation data, Agency shall upload a copy of the Customer
Certification Form and a copy of the Income Verification Form.
11.0 Agency Administration Fee. The program database will include the updated measure installation
cost data, plus the Agency's administration fee, which is eight percent (8 %) of the measure
installation costs.
12.0 Sales Taxes. The Services provided under this Agreement are non - taxable. If required, Frontier
shall provide a copy of sales tax exemption certificate to Agency.
13.0 Reconciliation of Work Order and Installation Report. In consideration of satisfactory performance
of the work as outlined above, Frontier reconcile the total amount due on the installation report
against the corresponding work order payment. Any amount over or under paid shall be credited
against or added to the amount requested on the next work order submitted after this installation
report, or in the case of work completed near the end of Agreement Term, within 30 days.
Page A -2
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 4/17/2012 Ordinance No. 20182 - 04-2012
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DATE: Tuesday, April 17, 2012 REFERENCE NO.: C -25571
LOG NAME: 80FRONTIER -ATMOS -2012
SUBJECT:
Authorize Acceptance in the Amount Up to $100,000.00 of Targeted Low Income Weatherization Program
Funds from Frontier Associates, LLC, Administrator for Atmos Energy Corporation, Authorize Related
Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of a grant, if awarded, in an amount up to $100,000.00 from Frontier Associates,
LLC, Administrator for Atmos Energy Corporation for a Targeted Low Income Weatherization Program for
a period expiring on September 30, 2012;
2. Authorize necessary execution, amendment, extension or renewal of the contracts in accordance with
City of Fort Worth policies and regulations upon mutual Agreement with Frontier Associates, LLC, acting
on behalf of Atmos Energy Corporation; and
3. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund by $100,000.00, subject to receipt of the grant.
DISCUSSION:
Atmos Energy Corporation ( Atmos) has developed a Targeted Low Income Weatherization Program that
provides assistance to its low income customers for energy efficiency measures. Frontier Associates, LLC,
has been engaged by Atmos to assist with delivery of energy efficiency services and to administer the
program on its behalf.
The primary objective of the program is to achieve a cost effective reduction of energy use in the homes of
eligible families. To qualify, the family's income must be less than 200 percent of the Federal poverty level,
and they must be a customer of Atmos. Services include gas line or gas equipment repairs and/or
replacement and other eligible minor repairs. The City is eligible to participate in the program as a service
provider.
The City has operated similar programs since 1982 under the Weatherization Assistance Program (WAP)
funded by the Department of Energy and the Low 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 70 homes. The proposed low income weatherization program grant from Atmos
will provide supplemental funding to the existing program 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 is available in ALL COUNCIL DISTRICTS
Logname: 80FRONTIER -ATMOS -2012 Page I ot'2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund /Account/Centers FROM Fund /Account/Centers
G R76 451804 080479588000 $100.000.00
GR76 5(XXXXX) 080479588XXX $100.000.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Richard Zavala (5704)
Sonia Singleton (5774)
Logname: 80FRONTIER -ATMOS -2012 Page 2 of 2
f
n
Ordinance No. 20182 -04 -2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $100,000.00,
SUBJECT TO RECEIPT OF A GRANT FROM FRONTIER ASSOCIATES, LLC,
ADMINISTRATOR FOR ATMOS ENERGY CORPORATION, FOR THE PURPOSE
OF FUNDING A TARGETED LOW INCOME WEATHERIZATION PROGRAM FOR
A PERIOD EXPIRING ON SEPTEMBER 30, 2012; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2011 -2012 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants
Fund in the amount of $100,000.00, subject to receipt of a grant from Frontier Associates, LLC,
Administrator for Atmos Energy Corporation, for the purpose of funding a Targeted Low Income
Weatherization Program for a period expiring on September 30, 2012.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No.19911 -09 -2011 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assists ity Attorney
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