HomeMy WebLinkAboutContract 44756-R1 (2)_;g i V SECRETARY". i ,
CONTRACT NO... 11_
FIRST RENEWAL OF CITY SECRETARY CONTRACT NUMBER 44756,
A COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
CONTRACT FOR SERVICES BETWEEN THE CITY OF FORT WORTH
AND ATLAS STAR ENERGY, INC. D/B/A A COOLER HOUSE
This First Renewal of City Secretary Contract Number 44756 ("First Renewal") is made and entered
into by and between the City of Fort Worth, a home -rule municipal corporation, acting by and through its duly
authorized Assistant City Manager ("City"), and Atlas Star Energy, Inc., d/b/a A Cooler House, a Texas for -profit,
acting by and through its duly authorized Director, Chris Runyon ("Subcontractor").
WHEREAS, the City receives grant monies from the Texas Department of Housing and Community
Affairs ("TDHCA") through the Comprehensive Energy Assistance Program ("CEAP"), which is a utility
assistance program designed to assist low income households in meeting their energy needs and to encourage
customers to control energy costs through energy education;
WHEREAS, following a highly competitive bidding process, the City and Subcontractor entered into a
nonexclusive, written purchase agreement for services related to the CEAP, said written agreement being recorded
with the City's Purchasing Department as Contract Number 11-0348/PO-12-00071260 ("Purchase Agreement");
WHEREAS, the TDHCA subsequently determined the Purchase Agreement to be an insufficient form of
contract for the CEAP program and requested that the City and Subcontractor revise the form of the contract;
WHEREAS, in order to comply with TDHCA's request and bring the City into compliance, the parties
executed Fort Worth City Secretary Contract Number 44756 ("Agreement"), which was intended to clarify and
restate the terms and conditions applicable to the services to be provided for the CEAP under the Purchase
Agreement and act as the official governing contract in place of the Purchase Agreement;
WHEREAS, the Agreement provides for an initial one-year term, with up to four additional one-year
renewal periods;
WHEREAS, on or about March 25, 2013, the City and Subcontractor agreed to exercise the first renewal
option and extend the term of the Agreement for one additional year beginning on April 4, 2013 and expiring on
April 3, 2014, said renewal agreement being recorded with the City's Purchasing Department as Contract Number
11-0348/PO-13-00076515, which is attached hereto as Exhibit A and incorporated herein by reference;
WHEREAS, to ensure that the City remains in compliance with TDHCA's requirements and to alleviate
any confusion as to appropriate renewal document, the parties desire to memorialize the agreed -upon renewal
within the context of the Agreement;
NOW, THEREFORE, City and Subcontractor, for and in consideration of the covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
I.
The City and the Subcontractor agree to renew and extend the Agreement for a first renewal term of one
year, to be effective beginning on April 4, 2013 and ending on April 3, 2014.
II.
All other terms and provisions of the Agreeme_-rt between-theGity_ancl the Subcontractor shall remain in
full force and effect except as specifically set forth hereAbE roni a C3f Cal G
First Renewal of CSC 44756
o nr ri
moizimiy CEI V ED QEC 2 4 2013
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Funds previously paid to the Subcontractor prior to this First Renewal shall apply toward the total
compensation.
IV.
All terms in this First Renewal that are capitalized but not defined shall have the meanings assigned to
them in the Agreement.
I iLe
WITNESS WHEREOF, the Parties hereto have executed this First Renewal on this Iday of
r er , 2013 in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH
By:
an Alanis
Assistant City Manager
Approved as to Form and Legality:
A-ss. of i ttorney
AUTHORIZATION:
M&C P-11368
DATE: April 3, 2012
First Renewal of CSC 44756
ATLAS STAR ENERGY, INC.
D/B/A A COOLER HOUSE
By:
Chris Runyon n #
Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Exhibit A
Renewal Agreement
CITY OF FORT WORTH
Purchase Order
Page 1 of 1
P.O. DATE: 3/25/2013
Blanket Order Number
PO-13-00076515
SHOW THIS NUMBER ON ALL
PACKAGES, INVOICES AND
SHIPPING PAPERS.
✓ Vendor Number: 0000028031 S PARKS & COMMUNITY SERVICES
• A COOLER HOUSE H
N 1
P
D T
O 0
R 8 MAIL INVOICE IN DUPLICATE TO:
(
INVOICES: Direct invoices in DUPLICATE to the address shown. L
STANDARD PURCHASING TERMS AND CONDITIONS set forth in the L
City of Fort Worth's Bid or Quotation, are incorporated herein by T
reference and become a part of this order. 0
Payment Terms:
Shipping Terms:
ACH (DIRECT DEPOSIT)
Destination. Prepaid & Charged Back
Bid No.: Delivery Citendar Day a) A.A.O.: 0
Item I Requisition Quantity Unit Unit Price
1 Non -Exclusive Agreement authorized by the City Council on April 3, 2012, M & C P-
11308 for the Parks and Community Services Department. The agreement shall
begin 04/04/2013 and end 04/03/2014 with options to renew for up to three (3)
additional one-year periods exercised in accordance with the agreement
specifications.
All prices, terms and conditions of the agreement shall be as stated in Bid No. 11-
0348.
Upon accepting a release order from our user department/division for this
agreement. please Insure you are provided a purchase order number and a release
number.
Invoices must he mailed to the ordering department/division releasing
service/commodity and the invoice shall contain:
1)Bid number, 2) Department Purchase Order Number; 3) Release Number; 4)
Department Name; 5) Address where service/commodity was delivered.
Total
Class -Item 910.36
Pricing for items and services rendered shall be in accordance with vendor's 1 SUM 50.00 50.00
response to bid 11-0348.
LN/P WAccount Code Dollar Amount
Flay 20091027
TOTAL: Moo
APPROVED:
By: Bart Ciriot
Phone#: (817) 392-8354
BUYER
First Renewal of CSC 44756
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l Yes,
r f;
City of Fort Worth
Annual Renewal Agreement
March 14, 2013
A Cooler House
2528 National Dr.
Garland, TX 75041
Attn: Chris Runyon
Email Address: williametacoolerhouse.com
Phone #: 972-840-1500
Fax #: 214-778-2497
REQUEST
OPTION Heating and CoolingAssis Assistance
CURRENT CONTRACT #: 11-0348
P.O. #: 12-00071260
Your contract will expire on 4/3/13. If you agree to extend the existing contract for an additional 12-month
period, please mark the appropriate box, sign below and return to the Purchasing Division within 48 hours.
Final approval is dependent upon the Purchasing Manager and fund availability. A Notice of Blanket Award
with the new purchase order number will be forwarded to you upon completion of the renewal process.
Please return your signed renewal letter along with a coov of your current insurance certificate.
Please make any chanaes on this document including n me. address. email address and/or oho ie number.
In addition you may Ica onto BuvSpeed Online at htto://fortworthtexas.aov/ourchasina and update your
oomeanv information Immediately.
If you have any questions concerning this correspondence, please contact the undersigned at 817-392-8381.
Thank you for your prompt attention and for your continued interest in doing business with the City of Fort
Worth.
Sincerely,
Pamela Kenney
Purchasing Division,
Financial Management Services Department
817-392-8381 -- Direct
817-392-844t3 — FAX
ne,iv this agreement
Ohris Runyon
From: 4/4/13 through 4/3/14
tNgt Do Not Renew t : greement
c
Cam/Ala Ryan
Senior Buyer
First Renewal of CSC 44756
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M&C Review
Page 1 of 3
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
FORT%%ORTI I
COUNCIL ACTION: Approved on 4/3/2012
DATE: 4/3/2012 REFERENCE
NO.:
CODE:
SUBJECT:
**P-11368 LOG NAME:
P TYPE: CONSENT
PUBLIC
HEARING:
Authorize Non -Exclusive Purchase Agreements for the Household Crisis Component of
the Comprehensive Energy Assistance Program with Atlas Star Energy, Inc., d/b/a
ACooler House and Integrity Texas Construction LTD, d/b/a Integrity Home Repair and
Construction for the Parks and Community Services Department for a Combined Amount
Up to $200,000.00 for the First Year Using Grant Funds (ALL COUNCIL
DISTRICTS)
13P11-0348 HOUSEHOLD
CRISIS PROGRAM CBR
NO
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive purchasing Agreements for the
Household Crisis Component of the Comprehensive Energy Assistance Program with Atlas Star
Energy Inc., d/b/a ACooler House and Integrity Texas Construction LTD, d/b/a Integrity Home Repair
and Construction for the Parks and Community Services Department (PACS) based on over all lowest
bids meeting specifications for a combined amount up to $200,000.00 for the first year, with payment
due 30 days after receipt of invoices.
DISCUSSION:
PACS will use these Agreements to provide residential heating and cooling assistance for elderly,
disabled and low-income citizens in the Tarrant County service area. This assistance is a component
of the State of Texas Comprehensive Energy Assistance Program (CEAP), and is designed to assist
households to achieve energy self-sufficiency by addressing inefficient heating and cooling
appliances in the residence.
Last year, PACS spent approximately $2,545,000.00 on this grant funded program. The significant
difference between past expenditures and the requested amount for the new Agreements is due to
State mandated changes to the program.
Formerly the 2011 CEAP program had four components:
1) Heating/Cooling — replacement, retrofit of appliances which heat and cool (excluding stoves). This
component allowed for the replacement of entire HVAC (heating/ventilation/air conditioning systems
which usually cost $6,000.00 in addition to repair and replacement of window units and free standing
heaters;
2) Emergency Crisis Program — energy bill assistance during extreme weather conditions;
3) Elderly/Disabled — assistance with the highest months of energy consumption for households with
elderly or disabled members. Client may receive up to eight payments; and
4) Co -payment — provides case management assistance and partial energy bill payment for up to 12
months.
The 2012 CEAP program adjustments include:
http://apps.cfwnet.org/council packet/mc_review. asp?ID=16597&councildate=4/3/2012 12/18/2013
M&C Review Page 2 of 3
1) Elimination of the Heating/Cooling component. Program guidelines now prohibit replacement of
HVAC systems and only allow a maximum of $2,500.00 per household for repair of HVAC and
window units.
2) Modification of the Emergency Crisis Program now renamed to Household Crisis Component of
the Comprehensive Energy Assistance Program and allows for repair of window units and
freestanding heating appliances or the replacement of window units for households with
elderly/disabled or children age five or younger during extreme temperatures to ensure health and
safety of client.
3 and 4) No significant changes to the Elderly/Disabled and Co -Payment programs.
The Invitation to Bid consisted of detailed specifications describing required services and equipment
that can be furnished and/or repaired, and the level of experience necessary to ensure a successful
program. No guarantee was made that a specific amount of goods or services would be purchased.
Staff recommends multiple awards to ensure demands are met and certify both recommended
vendors meet specifications.
BID ADVERTISEMENT - This bid was advertised in the Fort Worth Star -Telegram every Wednesday
from November 16, 2011 through January 4, 2012. Over one thousand vendors were invited to bid,
six vendors submitted responses.
BID TABULATION - See attached Bid Tabulation.
PRICE ANALYSIS - The hourly rate bid for Helpers and Senior Technicians averages approximately
$19.00 lower than the current rates paid by the City. The averaged costs currently paid for specific
services, such as repairs, averages up to 50 percent higher than new bid prices. Staff find these
prices fair and reasonable.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office because the purchase of goods or services
is from sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERM - Upon City Council's approval, this Agreement shall begin on April 4, 2012 and
end on April 3, 2013.
ADMINISTRATIVE CHANGE ORDER - An Administrative Change Order or increase may be made
by the City Manager in an amount up to $50,000.00 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
RENEWAL OPTIONS - This Agreement may be renewed for up to four additional one year terms at
the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grant Funds.
BQN\11-0348\CBR
TO Fund/Account/Centers
Submitted for Citv Manager's Office bv:
FROM Fund/Account/Centers
Susan Alanis (8180)
http://apps.cfwnet.org/council packet/mc_review.asp?ID=16597&councildate=4/3/2012 12/18/2013
M&C Review Page 3 of 3
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
11-0348 Bid Tabulation.pdf
Lena Ellis (8517)
Jack Dale (8357)
Camillia Ryan (8321)
http://apps.cfwnet.org/council packet/mc review.asp?ID=16597&councildate=4/3/2012 12/18/2013