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HomeMy WebLinkAboutContract 48678 CITY SECRETARY. CONTRACT N0. Contract for Services Between TEXAS ASSOCIATION OF COMMUNITY ACTION AGENCIES, INC. And CITY OF FORT WORTH � qR Contract No. 3443-17-009 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 as "Parties." Section 2. Contract Period The Contract shall commence on February 1, 2017 and, unless earlier terminated, shall end on October 30, 2017. 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, unless otherwise instructed by Agency, to eligible Oncor customers (hereinafter "Participants") residing 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: TACAA-Oncor Contract No.aContract_No» FOFFICIALECOR®Page 1 of 7E'T'ARYH,TX • Customer of Oncor (dwelling meter served by Oncor); • Household income meets the eligibility guidelines for WAP, currently at or below 200 percent of the federal poverty guideline; and • Dwelling unit has refrigerated electric air conditioning. 5.1.2 Operate under the standards established in 10 CFR Part 440 and the 2017 TACAA- Oncor Program Manual. 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 a U.S. Department of Energy approved Audit (hereinafter "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. 5.2 Program funds may be used for incidental repairs made to a Dwelling Unit in conjunction with allowed Weatherization 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. Only the following measures are allowable and in accordance with the 2017 TACAA-Oncor Program Manual: • Central Heat Pumas minimum SEER of 15, minimum HSPF of 8.5, and must replace an Electric Resistance Heat HVAC system • Ceiling, Wall, and Floor Insulation (Units with window air conditioning and/or space heating are no longer eligible) • Air Infiltration (Units with window air conditioning and/or space heating are no longer eligible) • Energy Star Refrigerator • Window Air Conditioner TACAA-Oncor Contract No.«Contract_No» Page 2 of 7 • Water Heater Pipe Insulation, Water Heater Jacket(s), Showerheads, and Aerators (electric water heaters only) • Energy Star Window Section 6. Program Requirements and Responsibilities of Agency 6.1 Agency shall provide Contractor up to $590,500.00 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. 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 Section 9 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. TACAA-Oncor Contract No.«Contract_No» Page 3 of 7 Section 8. Compensation 8.1 Agency will only reimburse Contractor for expenditures required to achieve electrical energy savings. Contractor will not be reimbursed for measures that do not result in electrical energy savings. 8.2 Each month, Contractor will report funds expended and projected. Contractor's requests for advances shall be limited to the minimum amount needed to perform the contracted services for a 30-day period and will be paid upon Agency's receipt of Contractor's report showing the performance. 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. 8.3 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 7% of the invoice amount for administration. Any reimbursement paid to Contractor for allowable administrative expenses shall be unrestricted and may be used by the Contractor for programmatic and administrative needs, even after the expiration of this Contract. 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. At the end of the contract period, program support costs may not exceed 13% of the total material and labor expenditures. 8.4 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. 8.5 All funds must be encumbered (work completed and invoiced) during the Contract period in accordance with this Contract. Any unexpended balance at the end of the contract period is forfeited unless the contract period is extended by amendment. Section 9. Reporting 9.1 Beginning March 15, 2017 and through the end of the Contract, Contractor will ensure monthly reports are received by the Agency by the fifteenth (15th) day of each subsequent month. Agency will provide reporting form to Contractor. If no work has been performed, an email stating such will suffice. Otherwise, report will include: 9.1.1 A copy of the Audit and Building Weatherization Report for each weatherized dwelling unit; 9.1.2 A report form provided by Agency that includes demographic information, measures installed, and total amounts expended and encumbered by measure, category (materials, labor, and administrative costs) and weatherized unit; TACAA-Oncor Contract No.cContract_No» Page 4 of 7 9.1.4 A signed invoice with total amounts expended for materials, labor, program support, and administrative costs, projected expenses, and any advance requested; and 9.1.5 Additional documentation requested as necessary (see 2017 Program Manual and report form for further details). 9.2 By July 24, 2017, Contractor will report to Agency outstanding work, obligated but not reported, with estimated expenses by category (materials, labor, and administrative costs) by unit to be weatherized. Agency will provide reporting form to Contractor. By August 1, 2017, any funds not obligated may be made available for use in another Oncor program. 9.3 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 signed Participant release which allows release of Participant information to Agency and Oncor. (Language in an existing form to this effect will suffice.) 9.4 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 four (4) years following the last calendar day of the project year. 9.5 Failure to fulfill reporting requirements may result in withholding of payments. 9.6 Reports must be delivered by mail or courier to: Texas Association of Community Action Agencies, Inc. 4029 S. Capital of Texas Hwy., Ste. 115 Austin, TX 78704-7920 Or by email to: kerrin@tacaa.org 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 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 April 30, 2017, if the amount spent or encumbered is less than 30 percent of the Contract total, Agency may, after TACAA-Oncor Contract No.«Contract_No» Page 5 of 7 review with Contractor, reduce the funding of the remaining allocation by up to 30 percent of the total budget. 11.2 As a secondary benchmark for measuring performance goals, as of July 31, 2017, if the amount of performance reported to Agency is less than 65 percent of the Contract total, Agency may, after review with Contractor, reduce the funding of the remaining allocation by the amount not spent. Section 12. Miscellaneous Provisions 12.1 Independent Contractor. Contractor is not an employee of the Agency. Contractor is an independent contractor and agrees to hold Agency harmless and indemnify Agency against any disallowed costs or other claims, which may be asserted by any third party in connection with Contractor's performance of this Contract. Contractor agrees to comply with all applicable state, federal and local laws. 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 Insurance. The Contractor is basically a self-funded entity subject to statutory tort laws and, as such, generally, it does not maintain a commercial general liability insurance and/or auto liability policy. Damages for which the Contractor would ultimately be found liable would be paid directly and primarily by the Contractor and not by a commercial insurance company. Contractor-owned property is covered under the City of Fort Worth Fire and Extended coverage program by a commercial insurance policy. Statutory worker's compensation insurance coverage is self-funded to a $750,000.00 retention limit per incident over which commercial coverage responds with no upper cap; and, employer's liability coverage is maintained at the $1,000,000.00 policy limit. 12.5 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 prohibited from using Oncor's name in any publication, advertising, or promotion without Agency's written approval. 12.6 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. TACAA-Oncor Contract No.((Contract—No)) Page 6 of 7 Section 13. Entire Contract This Contract constitutes the entire understanding of the Parties. Any change in the terms of this Contract shall be made by an amendment in writing and signed by both Parties to this Contract. Section 14. Execution This Contract is effective when signed by Agency Executive Director as of the date set forth in Section 2. 17 Stella Rodriguez, Executiq ,irector for Agency Date Texas Association of Conirfionity Action Agencies, Inc. 2 /7 l7 Fernando Costa, Assistant City Manager for Contractor Date ® y City of Fort Worth As istant ty Attorney arya ty creta City of Fort Worth City of Fo orth �XAS Contact Compliance Manager: By signing, I acknowledge that I am the person responsible for monitoring and administration of this contract, including ensuring all performance and reporting requirements. Ja s Arms ron Date Housing Program Supervisor Contract Authorization: M&C: C-28017 1 SO0 lags Ce�k. �. �ot�--• Date: December 6, 2016 OFFICIAL RECORD CITY SECRETARY TACAA-Oncor Contract No. «Contract No» IFT,WORTH TX Page 7 of 7 f M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT 11 COUNCIL ACTION: Approved on 12/6/2016 - Ordinance No. 22527-12-2016 DATE: 12/6/2016 REFERENCE NO.: C-28017 LOG NAME: 19NS TACAA2017 CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of Low-Income Weatherization Assistance Program Funds in the Amount Up to $1,500,000.00 from the Texas Association of Community Action Agencies, Inc., Authorize Execution of Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of targeted Low-Income Weatherization Program Grant Funds in the amount up to $1,500,000.00 from the Texas Association of Community Action Agencies, Inc.; 2. Authorize the execution of related contracts, including any renewals, amendments and extensions with the Texas Association of Community Action Agencies, Inc., for the grant funds; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$1,500,000.00, subject to receipt of the grant. DISCUSSION: The purpose of this Mayor and Council Communication is to approve acceptance of grant funds that will be used to assist with weatherization and energy efficiency efforts in the homes of low-income individuals in Fort Worth and Tarrant County. A contract for services between the City and the Texas Association of Community Action Agencies, Inc. (TACAA), will be executed. The Weatherization Assistance Program (WAP) has been operated by the City of Fort Worth since 1982. The bulk of the funding for the program comes from the Texas Department of Housing and Community Affairs, which administers grant funds from the U.S. Department of Energy and the U.S. Department of Health and Human Services. Additional funds are supplied by TACAA, which administers monies allocated by Oncor Electric Delivery (Oncor) to provide a Low-Income Weatherization Program that complements the federally funded WAP and provides assistance to Oncor's low-income customers for energy efficiency measures. The primary objective of TACAA's weatherization program is to effectively reduce energy use in the homes of eligible families with cost effective measures. Among other necessary qualifications, a household income must be at or less than 200 percent of the federal poverty level and the household must be a customer of Oncor's. Eligible services may include attic insulation, weather stripping, caulking, window and door repairs and/or replacement, installation of compact fluorescent lighting and installation of water saver devices and Energy-Star-Rated 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. TACAA's program will be administered within existing WAP standards and guidelines and through various contracts with subcontractors. All subcontractors performing any eligible services for the City will not be paid until work is inspected and approved by Neighborhood Services Department http://apps.cfwnet.org/council packet/mc review.asp?ID=2403 3&councildate=12/6/2016 2/20/2017 M&C Review Page 2 of 2 inspectors. The current year target for the combined WAP and TACAA program is a total of approximately 300 homes. This grant does not allow indirect costs. The program serves ALL COUNCIL DISTRICTS. FISCAL INFORMATIONICERTIFICATION: The Director of Finance 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. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# ID ID Year Chartfield 2 Amount Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8180) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 19NS TACAA2017 AO.docx 19NSTACAA Form 1295 Dated 1-7-16.pdf http://apps.cfwnet.ora/council packet/mc review.asp?ID=2403 3&councildate=12/6/2016 2/20/2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-167530 Texas Association of Community Action Agencies Austin,TX United States date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/15/2017 being filed. City of Fort Worth Date Acknow/ledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 3443-17-009 Installation of energy efficiency measures in eligible client homes 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Rodriguez, Stella Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penally of perjury,that the above disclosure is true and correct. jEFr SC01T TNROCK.MORTON �_,,�'..�; Notary Public,otatr,-of T©Xes �,• Comm.Expires 10.113-2010 oi.. NoWY 10 130866643 Signature of authorized a c�ntractin business entity ...... tj 0 g ty AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said , ) =� Y\t(�( I<„ii tol�t�,� this the day of_ Q b 201 ,to certify which,witness my hand and seal of office. NO 4 nature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277