HomeMy WebLinkAboutContract 52087 CITY SECRETARY
CONTRACT NO. oao �
Contract for Services
Between
�O TEXAS ASSOCIATION OF COMMUNITY ACTION AGENCIES, INC.
And
CITY OF FORT WORTH, NEIGHBORHOOD SERVICES DEPARTMENT
Contract No. 3443-19-009
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,
Neighborhood Services Department (hereinafter the "Contractor"). Agency and Contractor
together hereinafter referred to as "Parties."
Section 2. Contract Period
The Contract shall commence on January 1, 2019 and, unless earlier terminated, shall end
on October 31, 2019. 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: OFFICIAL RECORD
CITY SECRETARY
TACAA-Oncor Contract No.3443-19-009 FT. WORTH,TX
Page 1 of 7
• 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 2019
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 2019 TACAA-Oncor
Program Manual:
• Central Heat Pumps with a minimum SEER of 15, minimum EER of 12,
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 not eligible.)
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• Air Infiltration (Units with window air conditioning and/or space heating are
eligible, but discouraged due to low deemed savings)
• Energy Star Refrigerator
• Water Heater Pipe Insulation, Water Heater Jacket(s), Showerheads, and
Aerators (electric water heaters only)
• Energy Star Window (may be installed only in homes with central electric air
conditioning and central heating systems)
Section 6. Program Requirements and Responsibilities of Agency
6.1 Agency shall provide Contractor up to $785,796.00 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
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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 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 February 15, 2019 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:
TACAA-Oncor Contract No.3443-19-009
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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;
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 2019 Program Manual
and report form for further details).
9.2 By July 24, 2019, 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, 2019, 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.
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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, 2019, if the amount
spent or encumbered is less than 30 percent of the Contract total, Agency may, after
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, 2019, 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
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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.
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.
'1
� -IVION
Stella Rodriguez, Exe20munity
a Director for Agency Date
Texas Association of Action Agencies, Inc.
3114/19
Fernando Costa, Assistant City Manager for Contractor Date
City of Fort Worth, Neighborhood Services
Department ` '
Matt Murray,AssistAt City Attorney Ma Kayser, C' et 2
City of Fort Worth City of Fort Worth
Contract Compliance 9 liance Mana er: AS
By signing, I acknowledge that I am the person responsible for monitoring and administration of
this contract;including ensuring all performance and reporting requirements.
&dw,a./ �a L`A
Barbara Asbury I Da e
Compliance and Planning Mana er
Contract Authorization
M&C: C-29018
Date: 1/29119
1295 Cert No. 2018-429330
OFFICIAL RECORD
CITY SECRETARY
TACAA-Oncor Contract No.3443-19-009 FT. WORTH,TX
Page 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2019 -Ordinance No.23554-01-2019
DATE: Tuesday,January 29,2019 REFERENCE NO.: C-29018
LOG NAME: 19NS TACAA2019
SUBJECT:
Authorize Acceptance of Low-Income Weatherization Assistance Program Funds
in an Amount Up to$1,200,000.00 from the Texas Association of Community
Action Agencies,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 an amount up to$1,200,000.00 from the Texas Association of
Community Action Agencies;
2. Authorize the execution of related contracts,including any renewals,
amendments and extensions, with the Texas Association of Community Action
Agencies for the grant funds; and
3. Adopt the attached appropriation ordinance increasing estimated
receipts and appropriations in the Grants Operating Other Fund in the
amount of$1,200,000.00, 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 (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 efficiently
reduce energy use in the homes of eligible families with cost effective
measures. In order for a household to quality,in addition to other
necessary qualifications,household income must be at or less than 200
percent of the federal poverty level and the household must be an Oncor
customer. 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 inspectors. All WAP funding will allow for up to 200 homes to
be weatherized.
This grant does not allow indirect costs.
The program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
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 Operating Other Fund. This is a
reimbursement grant.
FUND IDENTIFIERS (FIDs):
io
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
FROM
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8180)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
1. 19NS TACAA2019 21003 A019.docx (Public)
2. 2018-11 TACAA Forml295 for CFW_Redacted,12df (Punc)