HomeMy WebLinkAboutContract 57109 CSC No. 57109
Contract for Services
Between
Texas Association of Community Action Agencies,Inc.
And
City of Fort Worth
Contract Number: 6365C-22-08
Section 1. Parties to Contract
This contract (hereinafter "Contract") is made by and between the Texas Association of
Community Action Agencies, Inc. (hereinafter the "Agency"), and City of Fort Worth,
Neighborhood Services Department (hereinafter the "Contractor"). Agency and Contractor
together hereinafter referred to as "Parties".
Section 2. Contract Period
The Contract shall commence on January 1, 2022 and, unless earlier terminated, shall end on
October 31,2022. 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 the 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.
TACAA-Oncor Contract#: 6365C-22-08 OFFICIAL RECORD
CITY SECRETARY
1 FT.WORTH, TX
Section 5. Program Requirements and Responsibilities of Contractor
5.1 Contractor shall:
5.1.1 Determine client eligibility, including:
✓ Customer of Oncor(dwelling meter served by Oncor)
✓ Household income meets the eligibility guidelines of WAP, currently at or
below 200%of the federal poverty guidelines; and;
✓ Dwelling unit has refrigerated electric air conditioning.
5.1.2 Operate under the standards established in 10 CFR Part 440 and the 2022 TACAA-
Oncor Program Manual.
5.1.3 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 the electric bill.
5.1.4 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.
5.1.5 Encourage Participants to use products provided through the Program in
accordance with manufacturers' instructions.
5.1.6 Encourage Participants to follow energy efficiency suggestions provided through
the on-site energy education.
5.1.7 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.
5.1.8 Report to Agency per Section 9 of the Contract.
5.1.9 Meet federal and state insurance regulations.
TACAA-Oncor Contract#: 6365C-22-08
2
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. 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. Only the
following measures are allowable and in accordance with the 2022 TACAA-Oncor
Program Manual:
✓ Central Heat Pumps with a minimum SEER of 15, EER of 12, minimum
HSPF of 8.5, and must replace an Electric Resistance Heat HVAC system.
✓ Ceiling, Wall, and Floor Insulation (Units with window air conditioning
and/or space heating are not eligible. Units with gas heat are not eligible
for floor insulation).
✓ Air Infiltration (Must adhere to program manual requirements with regard
to minimum final ventilation rate;Infiltration reduction only eligible if 30%
of less; Units with window air conditioning and/or space heating are
eligible, but discouraged due to low deemed savings.)
✓ Energy Star Refrigerator
✓ Water Heater Pipe Insulation, Water Heater Jacket(s), Showerheads,
and Aerators (electric water heaters only).
✓ Energy Star Window(may be installed only in homes with central electric
air conditioning and central heating systems.
Section 6. Program Requirements and Responsibilities of Agency
6.1 Agency shall provide Contractor up to$685,000.00 to 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 the 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.
TACAA-Oncor Contract#: 6365C-22-08
3
Section 7. Quality Control
7.1 Inspections may be done by the 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 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 the current or future payments. Contractor will have 60 days from
the date it is notified by Agency or Oncor of the deficiency to bring the deficient measure(s)
into compliance and resubmit the measure(s) associated with the dwelling unit for
consideration.
7.4 If Contractor fails to bring the deficient measure(s) 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 Agency will only reimburse Contractor for expenditures required to achieve electrical
energy savings. Contractor will not be reimbursed for measures that do not result in
electrical energy savings.
8.2 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
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.
TACAA-Oncor Contract#: 6365C-22-08
4
8.3 Contractor will be entitled to compensation to 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 9%of the invoice amount for administration. Any reimbursement
paid to Contractor for allowable administrative expenses shall be unrestricted and may be
used by the Contractor for programmatic and administrative needs, even after the
expiration of this Contract. The amount paid to per Dwelling Unit cap or the calculation
Contractor for administration shall not be included in calculating of the $6,500 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 13%of the total material and labor expenditures.
8.4 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.
8.5 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, 2022 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 and Building Weatherization Report for each weatherized
dwelling unit;
9.1.2 A report form provided by Agency that includes demographic information,
measures installed, and total amounts expended and encumbered by measure,
category(materials, labor, and administrative costs) and weatherized unit;
9.1.4 A signed invoice with total amounts expended for materials, labor, program
support, and administrative costs, projected expenses, and any advance requested;
and
9.1.5 Additional documentation requested as necessary (see 2022 Program Manual and
report form for further details).
TACAA-Oncor Contract#: 6365C-22-08
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9.2 Contractor will report to Agency a more detailed `pipeline' report as indicated showing the
forecast of expenditures and projects.Reports will be due to Agency on May 26,2022,July
28, 2022, and October 26,2022 (if there are any units not yet reported).
9.3 By July 24, 2022, 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. By August 1,
2022, any funds not obligated may be made available for use in another ONCOR program.
9.4 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 in which allows release of Participant information to Agency and
Oncor. (Language in an existing form to this effect will suffice.)
9.5 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 four(4)years following the last calendar day of the project year.
9.6 Failure to fulfill reporting requirements may result in withholding of payments.
9.7 Reports must be delivered by email, mail or courier to:
Elizabethatacaa.org or
Texas Association of Community Action agencies, Inc.
4029. S Capital of Texas Hwy., Ste. 115
Austin, TX 78704-7920
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 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.
TACAA-Oncor Contract#: 6365C-22-08
6
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 April 30,2022,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 July 31, 2022, if the
amount of performance reported to Agency 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.
Section 12. Miscellaneous Provisions
12.1 Independent Contractor. Contractor is not an employee of the Agency. Contractor is an
independent contractor and 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. 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
promptly meet 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 shell be the courts of Travis
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. Contractor is a self-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.
Contactor 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 self-funded 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.
TACAA-Oncor Contract#: 6365C-22-08
7
12.5 Publicity. Information relating to this Contract may be released for publication and/or
advertising only with the prior written approval of Agency. Contractor is expressly
prohibited from using Oncor's name in any publication, advertising, or promotion without
Agency's written approval.
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 changes in the terms of this
Contract shall be made by an amendment in writing and signed by both parties to this contract.
Section 14. Execution
This Contract is effective when signed by Agency Executive Director.
02/09/2022
Laura Ponce, Board President of the Agency Date
Texas Association of Community Action Agencies
Fernando Costa,Assistant City Manager Date
City
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Worth aon�n Ga
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_ ° °�►Jannette S.Goodall(Fe10,2022 13:04 CST) /.o° o��
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Janette S. Goodall, City Secretary 0A, o °o*�f Taylor Paris,Assistant City Attorney
City of Fort Worth 1 a °°°°°°°°°°° a City of Fort Worth
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Contract Compliance Manager:
By Signing, I Acknowledge that I am the person responsible for monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Amy C io (Feb'9,2022 21:28 CST)
Amy Connolly, Assistant Director,Neighborhood Services Date
M&C: 21-0892
Date: 11-30-2021
OFFICIAL RECORD
CITY SECRETARY
8 FT.WORTH, TX
2/11/22,2:34 PM M&C Review
Official site of the City of fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
Create New From This M&C
DATE: 11/30/2021 REFERENCE NO.: **M&C 21-0892 LOG NAME: 19NS TACAA 2022
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: (ALL) Authorize Acceptance of Low-Income Weatherization Assistance Program Funds in
an Amount Up to $1,200,000.00 from the Texas Association of Community Action
Agencies, Authorize Execution of Related Contracts and Adopt Attached Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of targeted Low-Income Weatherization Program Grant Funds in an
amount up to $1,200,000.00 from the Texas Association of Community Action Agencies;
2. Authorize the execution of related contracts, including any renewals, amendments and
extensions, with the Texas Association of Community Action Agencies for the grant funds;
and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Other Fund in the amount of $1,200,000.00, 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 in the City of Fort Worth (City) and Tarrant County. A contract for services between the
City and the Texas Association of Community Action Agencies (TACAA) will be executed upon receipt
of the contract from TACAA in Janurary, 2022.
The Weatherization Assistance Program (WAP) has been operated by the City 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 United States Department of Energy and the United States
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 efficiently reduce energy use in the
homes of eligible families with cost-effective measures. In order for a household to qualify, in addition
to other necessary qualifications, household income must be at or less than 200 percent of the
federal poverty level and the household must be an Oncor customer. 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 Neighborhood Services Department staff. All
WAP funding will allow for up to 200 homes to be weatherized through the grant cycle.
This grant does not allow indirect costs.
apps.cfwnet.org/council_packet/mc_review.asp?I D=29440&counciIdate=11/30/2021 1/2
2/11/22,2:34 PM M&C Review
The program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, and adoption of
the attached appropriation ordinances, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Other Fund. Neighborhood Services (and Financial
Management Services)will be responsible for the collection and deposit of funds due to the City.
Prior to expenditures being incurred, Neighborhood Services has the responsibility to validate the
availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head:. Victor Turner (8187)
Additional Information Contact:- James Armstrong (7380)
ATTACHMENTS,
19NS_TACAA 2022-21001.0 (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=29440&councildate=11/30/2021 2/2