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HomeMy WebLinkAboutContract 43369 (2)WV SECKETARY el&';f-tiOMT Men TARGETED LOW-INCOME WEATHERIZATION PROGRAM AGREEIVII= NT BY AND BETWEEN CITY OF FORTWORTH AND _ _ 2 P01=21 1N FRONTIER ASSOCIATES, LLC OFFICIAL RECORD . d-T Y SECRETAIRY WORTCU9�; TARGETED LOW-INCOME WEATHERIZATION PROGRAM AGREEMENT 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, Atmos Energy Corporation, a Texas and Virginia corporation (hereinafter "Atmos") has developed a Pilot Targeted Weatherization Low -Income Program for its Low -Income Customers ("Program"); and WHEREAS, Frontier has been engaged by Atmos to assist with delivery of energy efficiency services under the Program to certain income -qualified Atmos 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 200% 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 (WAP') 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. Targeted Low -Income Weatherization Program Agreement Between City and Frontier Associates 2 of 7 2. FUNDING 2.1. Frontier shall provide funds in the amount of Fifty Thousand and 00/100 Dollars ($50 000.00) 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 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 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 April 30, 2012. 2 2 2 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 July 31, 2012. 2.2.3. 100% 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 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 Atmos transmission and distribution service lines (i.e. Atmos service territory) and qualified under the City WAP 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 that 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. Targeted Low -Income Weathenzation Program Agreement Between City and Frontier Associates 3 of 7 4. RECORDS AND AUDIT 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 21, 2012 and, unless otherwise terminated as set forth herein, shall continue in force and effect until September 31, 2012 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 PI ogram or City's performance hereunder; (c) Modifications to any electronic or hard copy forms or documentation of Frontier or Texas Railroad Commission (TRC) 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. Targeted Low -Income Weathenzation Program Agreement Between City and Frontier Associates 4 of 7 6.2. If an Event of . Default occurs, the non -defaulting Party shall be entitled to terminate this Agreement upon written notice to the other Party. Termination shall be effective upon the receipt of properly served notice. Termination of this Agreement will not relieve the defaulting Party of any obligations accruing prior to the event of termination. 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 Austin TX 77486 Phone (512) 372-8778 City: City of Fort Worth 1000 Throckmorton St. Fort Worth TX 76102 (817) 392-5774 Targeted Low -Income Weathenzation Program Agreement Between City and Frontier Associates 5 of 7 Attn.: Bill Brooks- CEO Attn: Sonia Singleton — Interim Assistant Director 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 the 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 TRC, in which case proper venue and jurisdiction will be at the TRC. 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. Targeted Low -Income weathenzation Program Agreement Between City and Frontier Associates 6 of 7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. SIGNED y thi. as of )\AN.i,, 2012 CITY OF FORT WORTH By: Susan Alan is Assistant City Manager APPROVED AS TO FORM AND LEGALITY: By: Tyler F. allach v v Assistant City Attorney ATTEST: C By: Mary Kayser City Secretary ©0000000P0d ata:;�(� FRONTIER ASSOCIATES, LLC By: NamesBill Brooks Title: CEO Date ° �� l 2 o ©rIp Authorization: ®dva° 'fc69 Nang Targeted Low -Income Weatherization Program Agreement Between City and Frontier Associates M&C: -11/SS1 Date: d/iiJiL OFFICIAL RECORD emir SECRETARY MnR4P!4oTX 7of7 APPENDIX A SCOPE OF WORK 1.0 Referenced Agreement. All Work shall be accomplished in accordance with the weatherization services agreement between Frontier Associates LLC, a Texas Limited Liability Company, (Frontier) and the City of Fort Worth. (Agency). 2.0 Customer Outreach and Eligibility Determination. Agency 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 is single-family homeowners or renters. Agency will verify that the Customer Site is in Atmos' Mid -Tex service territory by obtaining the account 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, Agency may conduct an assessment to determine the applicability and Savings -to -Investment (SIR) ratio for the following energy efficiency measures: 3.1 Gas water heater replacement 3.2 Gas heater replacement / tune-up 3.3 Ductwork repair or replacement 3.4 Gas water heater blanket 3.5 Water heater pipe insulation 3.6 Low -flow showerheads 3.7 Attic insulation 3.8 Floor insulation 3.9 Air infiltration reduction measures 3.10 Other Atmos-approved energy -saving devices, replacements and information In addition to the measures listed above, the Agency may utilize up to $500 per home for the repair or replacement of customer -owned gas piping, or for gas safety and code compliance work. This maximum repair amount per home may be modified by Frontier during the term of the weatherization services agreement. As part of the assessment, the Agency 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: conducting lead -safe renovation practices in accordance with US EPA regulations; and verifying pre- and post -installation carbon monoxide levels and pre- and post -installation ventilation rates as part of the installation of wall insulation, air infiltration control measures, or duct sealing. 4.0 Assessment Fee. The fee for conducting assessments shall be $100 per home This fee is inclusive of all costs, including travel and any other related expenses. Only assessments conducted on eligible customer homes are eligible for payment Page A-1 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 Piogiam Database for use by City in calculating SIR ratio for measure installations. 6.0 Determination of Measures to be Installed. Agency 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 expenditure of $1,500 per home 7.0 Work Order Submittal. Agency shall submit work orders via the program database. Work orders shall consist of a list of homes for which an assessment has been completed, including installation cost and savings estimates. 8.0 Work Order Payment. Frontier shall provide payment for properly -submitted work orders within ten calendar days of submittal. Work order payment shall include payment for the assessment, plus estimated installation costs for program measures, excluding the Agency administration fee. 9.0 Installation of Measures. Agency 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. Agency shall complete all required services and input updated measure installation data for each home included in a work order within forty- five (45) calendar days of work order submittal. 10.0 Installation Data. Agency shall update installation data for each home as soon as measures are installed In addition to updating the installation data, Agency shall upload a copy of the Customer Certification Form and a copy of the Income Verification Form. 11.0 Aaencv Administration Fee. The program database will include the updated measure installation cost data, plus the Agency's administration fee, which is eight percent (8%) of the measure installation costs. 12.0 Sales Taxes. The Services provided under this Agreement are non-taxable If required, Frontier shall provide a copy of sales tax exemption certificate to Agency. 13.0 Reconciliation of Work Order and Installation Report. In consideration of satisfactory performance of the work as outlined above, Frontier reconcile the total amount due on the installation report against the corresponding work order payment. Any amount over or under paid shall be credited against or added to the amount requested on the next work order submitted after this installation report, or in the case of work completed near the end of Agreement Term, within 30 days. Page A-2 City of Fort Worth, Texas a or an • ouncil om unication Nx- COUNCIL ACTION: Approved on 4/17/20.12 - Ordinance No. 20182-04-2012 .+-a:_a_ DATE' Tuesday, April 17, 2012 REFERENCE NO.: C-25571 LOG NAME: 80FRONTIER-ATMOS-2012 SUBJECT: Authorize Acceptance in the Amount Up to $100,000.00 of Targeted Low Income Weatherization Program Funds from Frontier Associates, LLC, Administrator for Atmos Energy Corporation, Authorize Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of a grant if awarded, in an amount up to $100,000.00 from Frontier Associates, LLC, Administrator for Atmos Energy Corporation for a Targeted Low Income Weatherization Program for a period expiring on September 30, 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, LLC, acting on behalf of Atmos Energy Corporation; and 3. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $100,000.00 subject to receipt of the grant. DISCUSSION* Atmos Energy Corporation (Atmos) has developed a Targeted Low Income Weatherization Program that provides assistance to its low income customers for energy efficiency measures. Frontier Associates, LLC, has been engaged by Atmos 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 Tess than 200 percent of the Federal poverty level, and they must be a customer of Atmos. Services include gas Tine or gas equipment repairs and/or replacement and other eligible 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 Program through the Texas Department of Housing and Community Affairs on a grant basis. Current year target under this City program is approximately 70 homes. The proposed low income weatherizatron program grant from Atmos 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. Logname: 8OFRONTIER-ATMOS-2012 Page 1 of 2 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. FUND CENTERS: TO Fund/Account/Centers GR76 451804 080479588000 GR76 5(XXXXX) 080479588XXX FROM Fund/Account/Centers $100.000.00 $100.000.00 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Susan Alanis (8180) Richard Zavala (5704) Sonia Singleton (5774) Logname: 30FRONTIER-ATMOS-2012 Page 2 of 2 Ordinance No. 20182-04-2012 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $100,000 00, SUBJECT TO RECEIPT OF A GRANT FROM FRONTIER ASSOCIATES, LLC, ADMINISTRATOR FOR ATMOS ENERGY CORPORATION, FOR THE PURPOSE OF FUNDING A TARGETED LOW INCOME WEATHERIZATION PROGRAM FOR A PERIOD EXPIRING ON SEPTEMBER 30, 2012; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN PFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2011-2012 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00, subject to receipt of a grant from Frontier Associates, LLC, Administrator for Atmos Energy Corporation, for the purpose of funding a Targeted Low Income Weatherization Program for a period expiring on September 30 2012. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No.19911-09-2011 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant -tit}, Attorney �l x )PT1:I) :\NE) I:I I E(' I JV1.::1Ii1 17, 01 _'_