HomeMy WebLinkAboutContract 44185 (2)CITY SECRETARY
LA
:)ntract for Services CONTRACT N00
Between
TEXAS ASSOCIATION OF COMMUNITY ACTION AGENCIES, INC.
And
CITY OF FORT WORTH
Agency Contract No. 3443-13-009
Section 1. Parties to Contract
This contract (hereinafter "Contract") is made by and between the Texas Association of
Community Action Agencies, Inc. (hereinafter "Agency") and City of Fort Worth (hereinafter the
"Contractor"). Agency and Contractor together hereinafter referred to as "Parties."
Section 2. Contract Period
The Contract shall commence on January 1, 2013 and, unless earlier terminated, shall end on
October 30, 2013, 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 3. Purpose
The Targeted Low Income Weatherization Program (the "Program") is designed to employ
weatherization measures to cost-effectively reduce the energy consumption and energy costs of
Oncor's low income customers using the existing service delivery systems of the federally
funded Weatherization Assistance Programs (WAPs). Appropriate weatherization measures and
basic on -site energy education will be provided to eligible residential energy consumers. Oncor's
funding, administered by Agency, for weatherization measures will enhance and supplement the
federally funded WAP for low income Oncor customers in the Oncor service territory, expanding
the number of eligible customers served and weatherization measures installed.
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:
• Customer of Oncor at the time of application;
• Household income at or below 200 percent of the federal
poverty -guidelines;
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• 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.
A process to verify prior energy efficiency services will be established and
provided to Contractor.
5.1.2 Operate under the standards established in 10 CFR Part 440, and one of the
following methods:
• Conduct a "pre -blower door test," a "post blower door test," and the completion of
all weatherization measures, including incidental repairs, which attain a Savings to
Investment Ratio (SIR) of 1.0 or greater using a U.S. Department of Energy
approved Audit (hereinafter "Audit") and which are feasible and reasonable in light
of conditions at the dwelling unit and for which funding is available. Contractor
must use Participant's actual electric rate from electric bill.
• For multi -family units of eve or more units per building, with the exception of smart
thermostats and water heater replacements, complete measures according to the
Priority List (hereinafter "Priority List") approved by the U.S. Department of Energy
for Texas which are feasible and reasonable in light of conditions at the dwelling
unit and for which funding is available. (The Audit is also acceptable for multi-
family units.)
5.1.3 Provide the Participant, or a designated representative, energy education, which
may include how to read an electric meter, understanding an electric bill,
understanding the impact of energy savings, and/or providing other general energy
management information. Energy education will be determined to have been
successfully delivered when the Participant signs a document stating the Participant
has received and understands the energy education.
5.1.4 Encourage Participants to use products provided through the Program in
accordance with manufacturers' instructions.
5.1.5 Encourage Participants to follow energy efficiency suggestions provided through the
on -site energy education.
5.1.6 Complete and maintain all program reports and forms as required by WAPs, both
programmatic and financial, such as landlord/tenant ownership agreement forms,
and forms to ensure proper accounting of all weatherization measures installed.
5.1.7 Report to Agency per Section 9 of this Contract.
5.1.8 Meet federal and state insurance regulations.
5.2 Program funds may be used for incidental repairs made to a Dwelling Unit in conjunction
with allowed Weatherization Measures. Agency will only reimburse Contractor for
expenditures required to achieve electrical energy savings. Contractor will not be
reimbursed for projects that do not result in electrical energy savings. All weatherization
measures, including incidental repairs, installed in the home regardless of the source of
funding must produce a SIR of 1.0 or greater. Watersaver measures may only be installed
in Participant homes that rely upon electric water heating equipment to heat water for
domestic use.
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5.3 At minimum, Contractor will weatherize one hundred fifty-four (154) 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 $111001000.00 LU 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.
6.2 Agency shall:
6.2.1 Conduct quality control inspections;
6.2.2 Conduct financial and programmatic monitoring; and
6.2.3 Report to Oncor deemed energy savings for Program, calculated from dwelling unit
information reported by Contractor, as specified in Section 9 of this Contract.
Section 7. Quality Control
7.1 Inspections may be done by Agency and/or Oncor at any time, but for Agency to withhold
or reduce payments for completed weatherization measures at a dwelling unit, the
inspection must be completed within 60 days from the date Agency receives a complete
monthly report with all supporting documentation for the dwelling unit.
7.2 If quality control checks reveal undelivered services (i.e., services for which the Participant
is eligible that are feasible and reasonable in light of conditions at the dwelling unit and that
meet SIR requirements and for which funding is available), Contractor shall return and
provide such services.
7.3 If it is determined in the quality control inspections conducted by Agency or Oncor that an
authorized measure installed at a reported dwelling unit is incapable of performing its
intended function and/or it will not provide that function for the length of time prescribed to
the savings, then the requested payment for that measure (including the associated
administrative fee) will be subtracted from current or future payments. Contractor will have
60 days from the date it is notified by Oncor or Agency of the deficiency to bring the
deficient measure(s) into compliance and resubmit the measures associated with the
dwelling unit for consideration.
7.4 If Contractor fails to bring the deficient measures into compliance within the 60 day period
and the SIR of the dwelling unit falls below 1.0, then the remaining payment for the
dwelling unit (including the associated administrative fee) will be subtracted from a current
or future payment by that amount.
Section 8. Compensation
8.1 Each month, Contractor will report funds expended and projected. Contractor's requests
for advances shall be limited to the minimum amount needed to perform the contracted
services for a 30-day period and will be paid upon Agency's receipt of Contractor's report
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showing the performance. Agency reserves the right to use a cost reimbursement method
of payment for all funds if (1) Agency determines Contractor has maintained excess cash
balances; (2) Agency identifies any deficiency in the Contractor's cash controls or financial
management; (3) Agency determines that a cost reimbursement would benefit the
program; (4) Agency's funding sources require the use of a cost reimbursement method; or
(5) Contractor fails to comply with any of the reporting requirements.
8.2 Contractor will be entitled to compensation for materials, labor and program support used
by the federally funded WAP Service Provider to install weatherization measures for up
to $6,500 per weatherized Dwelling Unit. Agency may reimburse Contractor for program
support costs and up to 10% of the invoice amount for administration. The amount paid
to Contractor for administration shall not be included in the calculation of the $6,500 per
Dwelling Unit cap or the calculation of the Whole House SIR. Contractor's program
support costs shall be included in the calculation of the $6,500 per Dwelling Unit cap, but
shall not be included in calculating the Whole House SIR. At the end of the contract
period, program support costs may not exceed 15% of the total materials and labor
charges.
8.3 If it is determined that a reported dwelling unit is ineligible for participation and there are no
options available to make it eligible, then that dwelling unit will be excluded from payment.
8.4 All funds must be encumbered (work completed and invoiced) during the Contract period in
accordance with this Contract. Any unexpended balance at the end of the contract period
is forfeited unless the contract period is extended by amendment.
Section 9. Reporting
9.1 Beginning February 15, 2013 and through the end of the Contract, Contractor will ensure
monthly reports are received by the Agency by the fifteenth (15th) day of each subsequent
month. Agency will provide reporting form to Contractor. If no work has been performed,
an email stating such will suffice. Otherwise, report will include:
9.1.1 A copy of the Audit or Priority List and Building Weatherization Report for each
weatherized dwelling unit;
9.1.2 A report form provided by Agency that includes demographic information (ESI ID,
air conditioning type, heating type, and water heating type), measures installed, and
total amounts expended and encumbered by measure, category (materials, labor,
and administrative costs) and weatherized unit;
9.1.3 Number of dwelling units weatherized;
9.1.4 A signed invoice with total amounts expended and encumbered for materials, labor,
program support, and administrative costs, projected expenses, and any advance
requested; and
9.1.5 Additional documentation requested as necessary.
9.2 By July 31, 2013, Contractor will report to Agency outstanding work, obligated but not
reported, with estimated expenses by category (materials, labor, and administrative costs)
by unit to be weatherized. Agency will provide reporting form to Contractor.
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9.3 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
signed Participant release which allows release of Participant information to Agency and
Oncor. (Language in an existing form to this effect will suffice.)
9.4 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.
9.5 Failure to fulfill reporting requirements may result in withholding of payments.
9.6 Reports must be delivered by mail or courier to:
Texas Association of Community Action Agencies, Inc.
2512 I.H. 35 South, Suite 100
Austin, TX 78704-5772
Or by email to:
wx@tacaa.org
Section 10. Termination of Contract
10.1 Either party upon thirty (30) days written notice may terminate the Contract. Upon
receiving notice of termination, Contractor will place no further orders, or enter into further
subcontracts for services, materials, or equipment related to the work where possible. In
addition, Contractor will delay or terminate all existing orders and subcontracts insofar as
those orders and subcontracts relate to the performance of the work terminated. However,
to the extent possible, Agency will allow continued delivery of eligible services to those
customers promised services prior to receipt of notice of termination. In the event of
termination, Contractor will identify any such customers and notify Agency to negotiate
delivery of services to them.
10.2 Agency may terminate the Contract without notice if the Contractor's Community Services
Block Grant, Comprehensive Energy Assistance Program and/or Weatherization
Assistance Program funds are suspended by the authorizing state agency.
Section 11. Recapture of Funds
11.1 As a benchmark for measuring performance goals, as of March 31, 2013, if the amount
spent or encumbered is less than 30 percent of the Contract total, Agency may, after
review with Contractor, reduce the funding of the remaining allocation by up to 30 percent
of the total budget.
11.2 As a secondary benchmark for measuring performance goals, as of June 30, 2013, if the
amount spent or encumbered is less than 65 percent of the Contract total, Agency may,
after review with Contractor, reduce the funding of the remaining allocation by the amount
not spent or encumbered.
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Section 12. Miscellaneous Provisions
12.1 Independent Contractor. Contractor is not an employee of the Agency. Contractor is an
independent contractor and, to the extent allowed by law, agrees to hold Agency harmless
and indemnify Agency against any disallowed costs or other claims, which may be
asserted by any third party in connection with Contractor's performance of this Contract.
Nothing contained herein shall ever be construed so as to require Contractor to
create a sinking fund or to access, levy, and collect any tax to fund its obligations
under this Section. Contractor agrees to comply with all applicable state, federal and
local laws.
12.2 Contract Renewal and Modification. Should questions or disputes develop with respect
to matters related to Contract terms, or with respect to Contractor activities, the Parties
shall meet promptly to resolve such issues. Should informal resolution not be possible, the
Parties stipulate to the selection of a resolution committee to assist in resolving any issues
that cannot be readily resolved through informal means. Should judicial resolution of a
disputed matter become necessary, the Parties agree that the forum shall be the courts of
Tarrant County, Texas.
12.3 Severability. In the event any provision of the Contract is held to be void, unlawful, or
otherwise unenforceable, that provision will be severed from the remainder of the Contract.
The Contract, as so modified, will continue to be in full force and effect.
12.4 Insurance. The Contractor is basically aself-funded entity subject to statutory tort laws
and, as such, generally, it does not maintain a commercial general liability insurance
and/or auto liability policy. Damages for which the Contractor would ultimately be found
liable would be paid directly and primarily by the Contractor and not by a commercial
insurance company. Contractor -owned property is covered under the City of Fort Worth
Fire and Extended coverage program by a commercial insurance policy. Statutory
worker's compensation insurance coverage is self4unded to a $750,000.00 retention limit
per incident over which commercial coverage responds with no upper cap; and, employer's
liability coverage is maintained at the $1,000,000.00 policy limit.
12.5 Publicity. Except as required by law, including Chapter 552 of the Texas Government
Code (aka, Texas Public Information Act), information relating to this Contract may be
released for publication and/or advertising only with the prior written approval of Agency.
The Parties are expressly prohibited from using each other's names in any publication,
advertising, or promotion without written approval from the other.
12.6 Binding On Successors. This Contract will inure to the benefit of and be binding upon
the undersigned Parties and entities, and their respective legal representatives,
successors and assigns.
Section 13. Entire Contract
This Contract constitutes the entire understanding of the Parties. Any change in the terms of
this Contract shall be made by an amendment in writing and signed by both Parties to this
Contract.
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Section 14. Execution
This Contract is effective when signed by Agency Executive Director.
Stella Rodriguez, Executive DY/ctor for Agency
Texas Association of Commurnty Action Agencies, Inc.
an 1Alanis, Assistant City Manager for Contractor
of Fort Worth
Approved as to Form and Legality
Assistant,City
Contract Authorization
M&C: C-26081
Date: January 29, 2013
Attest:
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TACAA-Oncor Contract No. «Contract_No»
M&C Review Page 1 of 2
CITY COUNCIL AGENDA FORT�O�T11
COUNCIL ACTION: Approved on 1/29/2013 -Ordinance No. 20598-01-2013
DATE: 1/29/2013 REFERENCE NO.: C-26081 LOG NAME: 80TACAA2013
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Acceptance of Low Income Weatherization Assistance Program Funds from
the Texas Association of Community Action Agencies, Inc., in the Amount Up to
$1,100,000.00, Authorize Execution of Related Contracts and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of targeted Low Income Weatherization Program grant funds from the
Texas Association of Community Action Agencies, Inc., in the amount up to $1,100,000.00;
2. Authorize the execution of related contracts, including any renewals, amendments, and extensions
with the Texas Association of Community Action Agencies, Inc., for the grant funds; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund by $1,100,000.00, subject to receipt of the grant.
DISCUSSION:
The purpose of this Mayor and Council Communication is to approve acceptance of grant funds that
will be used to assist with weatherization and energy efficiency efforts in the homes of low income
individuals through a contract for services between the City and the Texas Association of Community
Action Agencies, Inc., (TACAA).
The Weatherization Assistance Program (WAP) has been operated by the City of Fort Worth since
1982. The bulk of the funding for the program comes from the Texas Department of Housing and
Community Affairs, which administers grant funds from the U.S. Department of Energy and the U.S.
Department of Health and Human Services. Additional funds are supplied by TACAA, which
administers monies allocated by Oncor Electric Delivery (Oncor) to provide a Low Income
Weatherization Program that complements the federally funded WAP and provides assistance to
Oncor's low income customers for energy efficiency measures.
The primary objective of TACAA's weatherization program is to cost effectively reduce energy use in
the homes of eligible families. Among other necessary qualifications, ahousehold income must be at
or less than 200 percent of the federal poverty level, and the household must be a customer of
Oncor's. Eligible services may include attic insulation, weather stripping, caulking, window and door
repairs and/or replacement, installation of compact fluorescent lighting, and installation of water saver
devices and Energy -Star -Rated air conditioners and refrigerators. Final determination of services is
made through the performance of an energy audit or in accordance with an approved priority list.
TACAA's program will be administered within existing WAP standards and guidelines and through
various contracts with subcontractors. All subcontractors performing any eligible services for the City
will not be paid until work is inspected and approved by Parks and Community Services Department
inspectors. The current year target for the combined WAP and TACAA program is a total of
approximately 225 homes.
The program serves ALL COUNCIL DISTRICTS.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=17941&councildate=l/29/2013 2/18/2013
M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, receipt of the grant, 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 451987 080480624000 $1,100,000.00
GR76 5XXXXX 080480624XXX $1,100,000.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
80TACAA2013 A013.doc
FROM Fund/Account/Centers
Susan Alanis (8180)
Richard Zavala (5704)
Sonia Singleton (5774)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=17941&councildate=l/29/2013 2/18/2013