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HomeMy WebLinkAboutContract 43368-A1CITY SECRETARVq COM'RAC7 IkI0. .�•`� FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43368 .. n 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, 2012, the City and Frontier made and entered into City Secretary Contract No. 43368 (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 $300,000.00 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 $300,000.00 to $700,000.00 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: I. Section 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 00/100 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 allowance) of the energy efficiency measure installations completed and reported by City via Frontier's Program Database. First Amendment to Contract 43368 Page 1 of 2 FF1C AL RECORD • WY SECRETARY �o11VOIRTN, T 07-16-12 P03:33M'` 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. 2.1.2. 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 November 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 are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their du authorized representatives. SIGNED this day of .3 , 2012 CITY OF FORT WORTH By: VWc- n Alanis sistant City Manager APPROVED AS TO FORM AND LEGALITY: By: Tyler F� ach Assistant City Attorney ATTEST: By: Mary Kayse City Secretary Authorization: M&C: C-25572 Date: April 17, 2012 FRONTIER ASSOCIATES. LLC By: Cb9h g O�04 T 8 X CI Pf 14( ICJ Nigrapr ��"^p^11i'q��4 ti 1:07°4$44 • ca, PIT‘ Ooo0Qa. ,' byteitunor- First Amendment to Contract 43368 Page 2 of 2 kz roo CEO OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 2 ticlr UlUIUIllMINI AIM •IMIII,JII lid IIS;II I I. U 1. Ila .1,14. .14 i ni IL i [L)/ =� OUVI IL ACTSOh : Approv I I,4 .. .. .1 ■ is .. :.j [ III i4.4.1.1 I E .. . DATL: COD: COPY I 4 I. Official site of the City of Fort Worth, Texas FORI ORTII ou 611 L//2 c,17 Ordinance No. 201 <> 3a02Oi 2 i .I 1 .. wd L1 ; L.I III.I 0. ..... 4/17/2012 REFERENCE VI n p CO255 72 C TYP[:_nu .I. I I I ; li. !.. NON CONSENT LOG M Wd ( o H NII VA Li 80FRONTIERoONCORo 2012 NO Authorize Acceptance in the Amount Up to $850,000.00 of Targeted Low Income Weatherization Prograrn Funds from Frontier Associates, LLC, Administrator for Oncor Electric Delivery Company, LLC, Authorize Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) • RECOMiligaIDAT110111: It is recommended that the City Council: 1. Authorize acceptance of a grant in the amount up to $850,000.00 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, elm- LC, acting on behalf of Oncor Eloctric Delivery Company, LLC; and 3. Adopt attached appropriation ordinance increasing estimated �r©p receipts and appropriations in the l� p� 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 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 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 prograr-ns 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 150 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 is available in ALL COUNCIL DISTRICTS. 4110ISCAL 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 httn: //anos. cfvuriet. ors/council nacket/rnc review. aso?ID=16640&councildate=4/ 17/2012 5/30/2012 M&C Review Page 2 of 2 current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451804 0804795587000 $850,000.00 GR76 5 $850,000.00 (XXXXX) 0804795587XXX FROM Fund/Account/Centers Submitted for City Manager's Office bv: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 80FRONTIER-ONCOR-2012 A012.doc httn://anns.cfwnet.org/council vacketlmc review.asp?Ill=16640&councildate=4/17/2012 5/30/2012 Ordinance No. 20183-04-2012 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND 1N THE AMOUNT OF $850,000.00, SUBJECT TO RECEIPT OF A GRANT FROM FRONTIER ASSOCIATES, LLC, ADMINISTRATOR FOR ONCOR ELECTRIC DELIVERY COMPANY, LLC, FOR THE PURPOSE OF FUNDING A TARGETED LOW INCOME WEATHERIZATION PROGRAM FOR THE YEAR 2012; PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE 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 $850,000.00, subject to receipt of a grant from Frontier Associates, LLC, Administrator for Oncor Electric Delivery Company, LLC, for the purpose of funding a Targeted Low Income Weatherization Program for the Year 2012. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any mason 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 appropnations, 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: .f r C.. Assistant City Attorney .\lx )P Uhl) :\NI) EFFFC"t IVE::April 172 DUI?