HomeMy WebLinkAboutContract 40583WIN of
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TARGETED LOW-INCOME WEATHERIZATION PROGRAM
AGREEMENT
BY AND BETWEEN
CITY OF FORT WORTH
AND
FRONTIER ASSOCIATES, LLC
OFFICI�:� �ECORU
CITY SECRETARY f
FT. WOR3'Ff, T
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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, Oncor Electric Delivery Company LLC, a Delaware limited liability
company (hereinafter "Oncor") has developed a Pilot Targeted Weatherization Low -
Income Program for its Low -Income Customers ("Program"); and
WHEREAS, Frontier has been engaged by Oncor to assist with delivery of
energy efficiency services under the Program to certain income -qualified Oncor
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 125% 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 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.
Service Agreement 2
2. FUNDING
2.1. Frontier shall provide funds in the amount of Three Hundred Thousand and 00/100
Dollars ($300,000.00) for all services performed by City pursuant to this Agreement
("Allocated Funds") subject to the City's ability of 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 2010 must be spent by the City on eligible
energy efficiency measures which have been installed and reported via the
Program Database on or before July 30, 2010.
2.2.2. 40% of the Allocated Funds for 2010 must be spent by the City on eligible
energy efficiency measures which have been installed and reported via the
Program Database on or before September 31, 2010.
2.2.3. 60% of the Allocated Funds for 2010 must be spent by the City on eligible
energy efficient measures which have been installed and reported via the
Program Database on or before October 30, 2010.
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 Oncor transmission and distribution service lines
(i.e. Oncor service territory) and qualified under the City Weatherization Assistance
Program 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 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.
Service Agreement 3
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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 10, 2010 and, unless
otherwise terminated as set forth herein, shall continue in force and effect until
November 30, 2010 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 Public Utility
Commission of Texas (PUCT) 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.
Service Agreement 4
6.2. If an Event of Default occurs, the non -defaulting Party shall be entitled to
terminate this Agreement
effective upon the receipt
not relieve the defaultin
termination.
upon written notice to the other Party. Termination shall be
of properly served notice. Termination of this Agreement will
g Party of any obligations accruing prior to the event of
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:
Frontier Associates, LLC
1515 S. Capital of Texas Highway, Suite
110
Service Agreement
5
City:
City of Fort Worth
1000 Throckmorton St.
t
Austin TX 77486
Phone (512) 372-8778
Attn.: Bill Brooks- CEO
Fort Worth TX 76102
-I A Lrector
Assistant
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 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 PUCT, in which case proper venue
and jurisdiction will be at the PUCT.
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.
Service Agreement 6
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives.
SIGNED thiXday of , 2010
CITY OF FORT WORTH
By:
T. H. Higgins
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
III�III ,I
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iIII
Vicki S. Ganske
Assistant City Attorney
Date: Le 1 O
FRONTIER ASSOCIATES, LLC
By:
Name: Bill Brooks
Title: CEO
Date: June 8, 2010
Service Agreement 7
ATTEST:
Marty Hendrix
City Secretary
E�
APPENDIX A
SCOPE OF WORK
1.0 Referenced Agreement. All Work shall be accomplished in accordance with the
Targeted Low Income Weatherization Program Agreement between Frontier
Associates LLC, a Texas Limited Liability Company ("Frontier"), and City of Fort
Worth, a Texas municipal corporation (hereinafter "City"). Defined Terms used in
this Scope of Work shall have the same definition set forth in the Agreement.
2.0 Customer Outreach and Eligibility Determination. City 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 includes
income -eligible single-family homeowners, and public housing authorities. City
will verify that the Customer Site is in Oncor's electric distribution service territory
by obtaining the ESI ID number or meter ID 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, City shall conduct an assessment to determine the
applicability and Savings -to -Investment (SIR) ratio for the following energy
efficiency measures:
3.1 Attic insulation
3.2 Wall insulation
3.3 Compact fluorescent lamps (CFLs)
3.4 Solar screens
3.5 Replacement ENERGY STAR window unit air conditioners
3.6 Replacement ENERGY STAR central air conditioners and heat pumps
3.7 Replacement ENERGY STAR refrigerators
3.8 Replacement ENERGY STAR ceiling fans
3.9 Water heating measures (for electric water heaters)
3.10 Air infiltration control measures (optional)
3.11 Duct sealing (optional)
As part of the assessment, the City 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, verifying pre- and post -
installation carbon monoxide levels and pre- and post -installation ventilation
rates as part of the installation of wall insulation, or air infiltration control
measures.
4.0 Assessment Fee. The fee for conducting assessments that include pre -
installation blower door air infiltration measurements and pre -installation duct
Page A-1
leakage measurements shall be $195 per Customer Site. This fee is inclusive of
all costs, including travel and any other related expenses. For assessments that
do not include blower door air infiltration or duct leakage measurement tests, the
assessment fee shall be $125 per Customer Site. Only assessments conducted
on eligible Customer Sites are eligible for payment. For housing authorities,
assessments will be conducted on a representative sample of units.
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. City 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 total
expenditure of $6,500 per home. The SIR for each measure shall include the
City's administrative fee, which is eight percent (8%) of the measure installation
costs.
7.0 Installation of Measures. City 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.
8.0 Installation Data. City shall update installation data for each Customer Site after
measures are installed. In addition to updating installation data, City shall scan
and upload the signed Customer Certification Form for each home. Three-part
Customer Certification Forms will be provided to City by Frontier.
9.0 Payment. City shall submit invoices using the work order submittal utility of the
Program Database. Frontier shall provide payment for properly -submitted
invoices within thirty days of submittal. Payment shall include payment for the
assessment, installation costs for Program measures, and the City's
administrative fee.
10.0 Sales Taxes. The Services provided under this Agreement are non-taxable. If
required, Frontier shall provide a copy of sales tax exemption certificate to City.
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RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept, if awarded, a grant up to $300,000.00 from Frontier
Associates, LLC, Administrator for Oncor Electric Delivery Company, LLC, for a Targeted Low -
Income Weatherization Program for the Year 2010;
2. Authorize the City Manager to execute, amend, extend or renew necessary contracts in
accordance with City of Fort Worth policies and regulations upon mutual agreement with Frontier
Associates, LLC, acting on behalf of Oncor Electric Delivery Company, LLC; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $300,000.00 subject to receipt of the grant.
DISCUSSION:
Oncor Electric Delivery Company, LLC, (Oncor) has developed a Targeted Low -Income
Weatherization Program (Program) which provides assistance to its low-income customers for energy
efficiency 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 connected to Oncor's electric system. Services include attic
insulation, weather-stripping, caulking, window and door repairs and/or replacement, compact
fluorescent lighting, installation of water saver devices and Energy Star air conditioners and
refrigerators. The City is eligible to participate in the program as a service provider.
The Housing and Economic Development Department 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 750
homes. The proposed low-income Weatherization 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 will be administered within the standards and guidelines applicable to the existing WAP
Program. Contractors will not be paid until work is inspected by Housing and Economic Development
Department Inspectors.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13085&councildate=4/6/2010 07/13l2010
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The program is available in ALL COUNCIL DISTRICTS.
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.
TO Fund/Account/Centers
GR76 451804 017479448000 $300,000.00
GR76 5 $300,000.00
(VARIOUS) 017479448010
Submitted for City/ Manager's Office bX
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
170NCOR2010 AO.doc
FROM Fund/Account/Centers
Thomas Higgins (6140)
Jay Chapa (6192)
Mark Folden (8634)
David Maryol (7382)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13085&councildate=4/6/2010 07/13/2010