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HomeMy WebLinkAboutContract 43368-A1my aCRITARY CQHi = ND. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43368 This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43368 ( "First Amendment ") is made and entered into by and between the City of Fort Worth ( "City"), a home -rule municipal corporation, acting herein by and through its duly authorized .Assistant City Manager, and Frontier Associates, LLC, ( "Frontier"), a Texas limited- liability company, acting herein by and through its duly authorized agent. WHEREAS, on June 29, 20I2, the City and Frontier made and entered into City Secretary Contract No. 43369 (the "Contract ") for Weatherization Assistance Program services, as approved by the Fort Worth City Council on April 17, 2012 (M &C C- 25572); WHEREAS, the Contract provides payment of S300,000.00 to the City in exchange for the City providing certain services set forth in the Appendix A, Scope of Work, in the Contract; and WHEREAS, Frontier wishes to increase the Allocated Funds available to the City from the original allocation of S300,000.00 to 5700,000.00 to allow the City to carry out additional services and projects under the Scope of Work. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS That City and Frontier, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Contract is amended as follows: Seetion 2 of the Contract titled "Funding" is amended to include additional Allocated Funds to the City in exchange for the City providing additional services and projects under the Scope of Work. Section 2 is amended to read in its entirety as follows: "Section 2. Funding 2.1 Frontier shall provide funds in the amount of Seven Hundred Thousand and 001100 Dollars ($700,000.00) 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 allowanee) of the energy efficiency measure installations completed and reported by City via Frontier's Program Database. OFFICIAL RECORD First Amendment to Contract 43368 CITY SECRETARY Page 1 of 2 F-r. WORTH, TX j -16-12 Pv;:5' �y f 2.1.1. 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 September 30, 2012, 2.1.1 100% of the Allocated Funds for 21012 must be spent by the City on eligible energy efficiency measures that have been installed and reported via the Program Database on or be Fore Novembcr 30, 2012." II. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Contract. All terms and conditions of the Contract that arc not expressly amended pursuant to this First Amendment shall rcinain in full force and effect. IN WITNESS WHEREOF, the Parries hereto have caused this First Amendment to be executed by their du y authorized representatives. SIGNED thi day of )"C1t-'L6-9 2012 CITY OF FORT WORTH By: - Su n Alanis sistant City Manager RONTIER ASSOCIATES, LLC t By: � Bill roo CEO APPROVED AS TO FORM AND LEGALITY: By:_�� Tyler ac Assistant City Attorney ATTEST: rk 'er- By: V', Mary Kayse City Secretary Authorization: M &C: C -25572 Date- April 17, 2012 V. First Amendmew to Contract 43358 Page 2 d 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, Tx M &C Review IV, Page I of 2 OfRdal site of the City of Fo3 Worth, Texas *7'Y COUNCIL AGENDA Ecopy F0'�" COUNCIL ACTION: Approved on 411=12 - Ordinance No. 20163-04 -2012 DATE: 4/17/2012 REFERENCE NO.: C -25572 LOG NAME: 80FRONTIER-ONCOR- 2012 CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Acceptance in the Amount Up to $850,000.00 of Targeted Low Income Weatherization Program Funds from Frontier Associates, LLC, Administrator for Oncor Electric Delivery Company, LLC, Authorize Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENEA It is recommended that the City Council: 1. Authorize acceptance of a grant in the amount up to $850,0D0.00 from Frontier Associates, LLC, Administrator for Oncor Electric Delivery Company, LLC, for a Targeted Low Income Weatherization Program for the Year 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, LC, acting on behalf of Oncor Electric Delivery Company, LLC; and . Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $850,000.00, subject to receipt of the grant. DISCUSSION: Oncor Electric Delivery Company, LLC, (Oncor) has developed a Targeted Low Income Weatherization Program that provides assistance to its low income customers for energy eMciency measures. Frontier Associates, LLC, has been engaged by Oncor to assist with delivery of energy efficiency services and to administer the program on its behalf. The primary objective of the program is to achieve a cost effective reduction of energy use in the homes of eligible families. To qualify, the family's income must be less than 200 percent of the Federal poverty level, and they must be a customer of Oncor. Services include attic insulation, weather stripping, caulking, eligible equipment repair and/or replacement and other minor repairs. The City is eligible to participate in the program as a service provider. The City has operated similar programs since 1982 under the Weatherization Assistance Program (WAP) funded by the Department of Energy and the Low Income Home Energy Assistance ProWam through the Texas Department of Housing and Community Affairs on a grant basis. Current year target under this City program is approximately 150 homes. The proposed Low Income V4leatherization Program grant from Oncor will provide supplemental funding to the existing program to provide a greater scope of services within the spending limits of the program or to provide services to units otherwise not receiving assistance. The program is available in ALL COUNCIL DISTRICTS. �SCAL iNFORMA ONICERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the httn: / /arms.cfwnetorvlcounci1 oacketlmc review.asn ?1I)--16540$councildate =411712012 5/3012012 M&C Review page 'l at 'l current operating budgert, as appropriated, of the Grants Fund. TO FundlAccaunNCenjers FftW fMndIAqc9MntfC9d&r9 GR70 45]80 4 080479558 X850.000. DO SubmMed lbr CW MannoWs OAh qt by; Susan Aianis (8180) Qrlglnadna Djpartment HeW: Richard Zavala (5704) MOKI nal InIbr nation COMM Sonia Singleton (5774) ATTACHM_E 84FRONTIER -QNQQB -2012 A012 • • htm:i /anDs.cfwnel.orglcouncil mwketlmc review .asO ?M- 166408tcouncddate -4 /1712012 5/30/2012 _ "I' AN ORDINANCE INCREASING THE ESTRWATED RECEIPTS AND APPROPRL4TIONS IN THE GRANT'S FUND IN THE AMOUNT OF S850,OW.00, SUBJECT TO RECEFT OF A GRANT FROM FRONTIER ASSOCIATES, LLC, ADMINISTRATOR FOR ONCOR ELECTRIC DELIVERY COMPANY, LLoC, FOR THE PURPOSE Of FUNDING A TARGETED LOW 1NOOME WEATHERTZATION PROGRAM FOR THE YEAR 2012; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWrM AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCEL OF THE CrIY OF FORT WORTH, TEXAS: SECTION 1. That in addition to tlrow am unis allocated to the various City depadnwits for Fiscal Year 2011-2012 in the Budget of the City Manag+ar, there shall also be increased estimated Ye xq is and app gmadons in the Gmnts Fund in the atnoust of W0,000.00, subject to receipt of a grant from Frontier Aasoc-iatca, LLC, Adrainisastor for Owx Eiacirie Delivery Coatpany, LLC, for the purpose of fiaadmg a Targeted Law Inearre Weaftrimfion Program for the Year 2012. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid inaMm ivc or void for any reason by s avrrrt of compdcad juris&c ioq such de+cidon, opinion or Prdgmea shall In no way mVw the remaining pomorra, sections, or parts of sections of this asdinance, which said remainmg pror+i$io®s shall be and rcmun in full Sor+oe and oftt. SECTION 3. That this oxdit ante shall be a muktivc of Ordinance No. 19911-09-2011 and aH other ordirmum and appropriations anwating the same except in those instances where the provisions of this ardmwxe are in duvct condid with such other ardirwnces and appropriations, in which instance said conflicting provisions of staid prior ordinw= and appropriations are hereby expreasly repealed. SECTION 4. This on inrance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: L_l As%sistats City Attnmey .11li ply l I•I] :ItiO 1•1= 11-i' i IV i:::lgrif 17, 10 4'_