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HomeMy WebLinkAboutContract 37797-A1 (2)CITY SFCRETArj CONTIJACT N4 .. 77 1 A I Amendment One to the Contract between Texas Association of Community Action Agencies, Inc. and CITY OF FORT WORTH 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 ("Contractor"), City Secretary Contract No. 37797, effective November 1, 2008, The Contract is modified for the following purposes: Extend the term of the Contract. Update the counties served based on current customer data. Revise the client eligibility requirements. Update the minimum dwelling units to be weatherized with this allocation. Update the allocation. Change the date the first report is'due to Agency. Change the dates and percentages for performance benchmarks. In addition to the terms set forth in the original Contract, the Parties agree to amend the Contract as follows. Section 2. Contract Period The Contract shall commence on November 1, 2008 and, unless earlier terminated, shall end on October 317 2009. 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 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: „ ,�„ �_ -_ �t • Customer of Oncor at the time of application; CIITYSECT,ARY FT* WC WN, TX Amendment One to Contract No. «Contract No» TACAA - Oncor Page of 02-04-09 P01 @ 28 IN • Household income level for the federal Weatherization Assistance Program (currently at or below 125 percent of the federal poverty guideline), • 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 one hundred twenty-nine (129) 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 $566,690.00 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 8.4 All funds must be encumbered during the Contract period in accordance with this Contract. Section 9. Reporting 9.1 Beginning December 20, 2008 and through the end of the Contract, Contractor will ensure monthly reports are received by the Agency by the twentieth (20t") day of each subsequent month. Agency will provide reporting form to Contractor. Report items may be submitted electronically (e.g., scanned copies). Report will include: 9.1.1 A copy of the Easy Audit and Building Weatherization Report for each weatherized dwelling unit, indicating weatherization measures paid for with Oncor funds; 9.1.2 Total amounts expended and encumbered by category (materials, labor, program support, and administrative costs); 9.1.3 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. Amendment One to Contract No. «Contract No» TACAA - Oncor Page 2 of 3 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 oI electronically to Kerrin@tacaa.org Section 11. Recapture of Funds 11.1 As a benchmark for measuring performance goals, as of May 31, 2009, if the amount spent or encumbered is less than 50 percent of the 2009 Allocation, Agency may, after review with Contractor, reduce the funding of the remaining allocation by up to 20 percent of the 2009 Allocation. 11.2 By July 31, 2009, at least 75 percent of the 2009 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. When signed by both Parties, this Contract Amendment is effective November 1, 2008, and, unless earlier terminated, shall end on October 31, 2009. 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. Stella Rodriguez, Executiv�birector for Agency Texas Association of Community Action Agencies, Inc. T.M. Higgins, Assistant C�I�(anager, City of Fort Worth, for Contractor Approved as to Form and Legality: Assistant City Attorney Attest: arty Hendrix, Cit�Secretary Amendment One to Contract No. «Contract_No» Page 3 of 3 Date Date M&C: C-22917 Date: 7-15-2008 CIiYSECRETARY F'ToVOW RIM