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Home My WebLink AboutContract 44756 (2)CITY SECRETARY i, CONTRACT NO. ill ;JP 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 Contract ("Contract") 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 corporation, acting by and through its duly authorized Director, Chris Runyon ("Subcontractor"). City and Subcontractor may be referred to individually as a "Party" and jointly as "the Parties." WHEREAS, the City receives grant monies from the Texas Department of Housing and Community Affairs ("TDHCA") through the Comprehensive Energy Assistance Program ("CEAP"), Contract No. 58120001356, Catalog of Federal Domestic Assistance No. 93.568, as amended or may be amended from time -to - time ((Fort Worth City Secretary Contract (CSC) No. 43280, as amended)); WHEREAS, CEAP is a utility assistance program designed to assist low income households in meeting their immediate energy needs ant to encourage customers to control energy costs through energy education; WHEREAS, on December 6, 2011, the Fort Worth City Council authorized the City to execute a contract and grant with the TDHCA for the 2012 CEAP (M&C C-25329); WHEREAS, City issued Invitation to Bid No. 11-0348 ("ITB") for solicitation of bids to carry out the purposes of its CSC No. 43280 with CEAP; WHEREAS, the ITB required for all submitting companies to sign a formal written document agreeing to be bound by the terms and conditions contained within the ITB, including, but not limited to, detailed scope of work, obligations under the contract, compliance with laws, equipment specifications, warranty, hours of services, insurance, invoices, subcontracting, prohibition against personal interests, audit, disability, etc., with the express written understanding that the terms and conditions contained therein would apply to any award for services under the CEAP; WHEREAS, after conducting a highly competitive bidding process, the City chose to award the contract for services to Atlas Star Energy, Inc. d/b/a A Cooler House and IntegrityTexas Construction, Ltd.,both of whom formally agreed to the written terms and conditions contained within the ITB through the binding signatures of their authorized representatives; WHEREAS, on April 3, 2012, the Fort Worth City Council authorized the City to enter into the non- exclusive purchase agreements for the CEAP (M&C P-11368); WHEREAS, the TDHCA conducted an audit of the City's administration of the CEAP and found the above -stated agreement between the Parties to be insufficient; and WHEREAS, the Parties wish to enter into this Contract to clear any ambiguity as to terms and conditions applicable to the services to be provided for the CEAP and to come into compliance with the CEAP rules and regulations, as determined by TDHCA. 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: CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House t tIVEt AUG 27 M S OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 of 30 1. INCORPORATION OF RECITALS The Parties agree that the recitals set for the above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. TERM The initial term of this Contract is effective as of April 4, 2012 and terminates on April 3, 2013 unless terminated earlier as provided in this Contract. This Contract may be renewed or extended for up to four (4) additional one-year periods, subject to availability of grant funding, Subcontractor performance, and mutual agreement of the Parties. All renewals and extension shall be based on existing terms, conditions, and price structures set forth in the exhibits attached hereto. Upon expiration of the initial term or renewal period, Subcontractor agrees to extend the Contract term up to ninety (90) days under the same terms and conditions to allow a reasonable period of time as to re -solicit the Contract. 3. DUTIES AND RESPONSIBILITIES OF THE CITY 3.1 Reimbursement of CEAP Funds 3.1.1 City shall pay up to Two Hundred Thousand and No/100 ($200,000.00) of CEAP Funds on a reimbursement of actual expenses incurred basis under the terms and conditions herein. Subcontractor understands and agrees this amount constitutes the maximum amount payable for the services described herein, unless a formal written amendment is executed by the parties hereto. There is no guarantee that a specific dollar amount will be spent or minimum purchase will be made under this Contract. All payments shall be conditioned upon the inspection and approval of work by the Director of the Parks and Community Services Department and/or his designee ("Director") and submission of all required documentation under this Contract. 3.1.2 City's obligations under this Contract are contingent upon the actual receipt of CEAP Funds from the TDHCA. If sufficient funds are not available to make payments under this Contract or if the City's allocation of CEAP Funds changes, City reserves the right to amend or terminate this Contract without penalty. Also, no funds will be available for reimbursement until the applicable grant agreement with TDHCA is executed by the City and TDHCA. 3.1.3 City may suspend reimbursements if, at any time, (1) City determines that Subcontractor has maintained cash balances in excess of need, (2) City identifies any deficiency in the cash controls or financial management system used by Subcontractor, or (3) Subcontractor fails to comply with the reporting requirements. 3.1.4 City shall not release any funds under this Contract until City has determined in writing that Subcontractor's fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for such funds. 3.1.5 The City is not liable for any costs incurred by the Subcontractor that are not allowed by law or pursuant to this Contract. 4. SUBCONTRACTOR OBLIGATIONS 4.1 Required Services CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 2 of 30 4.1.1 Subcontractor agrees to perform all of the services set forth in Exhibit A, attached hereto and incorporated herein for all purposes, ("Services") in accordance with the amounts and prices set forth in Exhibit B, which is attached hereto and incorporated herein for all purposes, the assurances, certifications, and all other statements made by Subcontractor in its application for funding under this Contract and with all other terms, provisions, and requirements herein set forth. 4.1.2 Price Adjustments 4.1.2.1 Price adjustments on items where costs are based on the discount percentage shall be forwarded to the Contract administrator at least thirty (30) days prior to the effective date. 4.1.2.2 Fixed prices may be adjusted as part of the renewal process only. Requests for price increases shall be for increases in Subcontractor's costs and not for profit. 4.1.2.3 A request for price adjustments on fixed prices shall be submitted in writing to the Purchasing Division ninety (90) days prior to the expiration date of the current contract term. 4.1.2.4 All fixed prices shall remain firm for the full term of each renewal. 4.1.2.5 Subcontractor shall submit new pricing and all documentation supporting the price adjustment from the manufacturer and/or employee wage increases, etc. 4.1.2.6 The City reserves the right to accept price adjustments or cancel any individual item affected, or the entire contract, if the request price adjustment is not acceptable. 4.1.2.7 Increases shall not exceed three percent (3%) of the current price for that item/service. 4.1.3 Subcontractor shall, on an equitable basis throughout the term of this Contract, assist low-income households with priority being given to elderly, persons with disabilities, households with a young child 5 years of age or under, households with high energy burden and high energy consumption. Subcontractor shall provide all Services in relation to the current census demographics for age, income, and ethnicity in the City. 4.2 Expenditures in Compliance with CEAP Reeulations and Contract Subcontractor will be reimbursed with CEAP Funds for the actual costs incurred only if costs are eligible expenditures in accordance with the terms of this Contract as determined by the City, in its sole discretion, and in accordance with all applicable laws and regulations. All payments are conditioned upon inspection and approval by the Director, and Subcontractor must submit all documentation required under this Contract or requested by the Director. 4.3 Payment of CEAP Funds to Subcontractor CEAP Funds will be disbursed to Subcontractor on a reimbursement basis upon Subcontractor's written and signed request for reimbursement and submission of Complete Documentation and all other documents required under this Contract to the City. Subcontractor shall refund to the City any sum of money that has been paid to Subcontractor by the City, which the City determines, in its sole discretion, has resulted in an overpayment, or which the City determines, in its sole discretion, has not been spent strictly in accordance with the terms of this Contract. Subcontractor shall make such refund within fifteen (15) d ays after the City's request. 5. MONITORING CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 3 of 30 5.1 Subcontractor understands and agrees that it will be subject to monitoring by City for compliance with this Contract for the duration of this Contract and until the applicable CEAP grant is closed in the TDHCA online contract tracking system. 5.2 City reserves the right to perform desk reviews or on -site monitoring of Subcontractor's compliance pursuant to the terms and conditions of this Contract, and of the adequacy and timeliness of Subcontractor's performance under this Contract. After each monitoring visit, the City shall provide the Subcontractor with a written report of the monitor's findings. If the monitoring report notes deficiencies in Subcontractor's performance, the report shall include requirements for the timely correction of said deficiencies by Subcontractor. Failure by Subcontractor to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 6. RETENTION, ACCESSIBILITY OF RECORDS, REPORTING REOUIREMENTS, AND AUDIT 6.1 Subcontractor shall maintain fiscal and programmatic records and supporting documentation for all expenditures made under this Contract in accordance with the Uniform Grant Management Standards, Section III, Common Rule: State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C -Post Award Requirements,_.42. Specifically, Subcontractor will keep or cause to be kept an accurate record of all actions taken and all funds spent, with source and back-up documentation. 6.2 Open Records. Subcontractor acknowledges that all information collected, assembled, or maintained by Subcontractor pertaining to this Contract is subject to the Texas Public Information Act, Chapter 552 of Texas Government Code and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the Texas Public Information Act. 6.3 Subcontractor shall give the U.S. Department of Health and Human Services, the U.S. General Accounting Office, the Texas Comptroller, the State Auditor's Office, TDHCA, and City, or any of their duly authorized representatives, access to and the right to examine and copy, on or off the premises of Subcontractor, all records pertaining to this Contract. Such right to access shall continue as long as the records are retained by Subcontractor. Subcontractor agrees to maintain such records in an accessible location for the greater of: (i) four (4) years; (ii) if notified by City in writing, the date that the final audit is accepted with all audit issues resolved to the City's satisfaction; (iii) if any litigation claim, negotiation, inspection, or other action has started before the expiration of the required retention period, records must be retained until completion of the action and resolution of all issues which arise under it; (iv) a date consistent with any other period required by federal or state law or regulation. Subcontractor agrees to cooperate with any examination conducted pursuant to this Subsection. Upon termination of this Contract, all records are property of the City. 6.4 Subcontractor shall promptly provide the City with copies of any document the City deems necessary for the effective fulfillment of the City's monitoring and evaluation responsibilities or any documents that the TDHCA may require of the City pursuant to CSC No. 43280. Notwithstanding anything to the contrary, the Subcontractor shall provide any requested documentation to the City within ten (10) business days prior to any deadline imposed by the TDHCA through CSC No. 43280. 6.5 Notwithstanding anything to the contrary, City reserves the right to perform any additional audits of Subcontractor's performance under this Contract, including, but not limited to, the Subcontractor's Program CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 4 of 30 operations and finances, for the period set forth in Section 6.3. Subcontractor agrees to permit City, or its authorized representatives, to audit Subcontractor's records and to obtain any documents, materials, or information necessary to facilitate such audit. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) business days after notice to Subcontractor of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with Subcontractor. Subcontractor shall also allow the TDHCA the ability to directly review, monitor, and/or audit the operational and financial performance and/or records of work performed under this Contract. IF, AS A RESULT OF ANY AUDIT, IT IS DETERMINED THAT SUBCONTRACTOR HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CEAP FUNDS OR SPENT CEAP FUNDS ON ANY INELIGIBLE ACTIVITIES, SUBCONTRACTOR AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY TDHCA OR ANOTHER GOVERNMENTAL ENTITY BECAUSE OF SUCH ACTIONS. 6.6 Subcontractor shall maintain a file system to document direct services rendered with each file containing the information set forth in Section 10.D of CSC 43280. 7. REIMBURSEMENT REOUIREMENTS 7.1 Subcontractor shall submit each reimbursement request to City on or before the 15"' day of the month following the month expenses were paid. For example, reimbursement requests for the month of January must be received by February 15. In the event the 15th falls on a weekend or City holiday, reimbursement requests shall be due the next business day. The City retains the right to change reporting requirements and forms at its discretion. Upon such change, then the Parties shall execute an amendment to the Contract. 7.2 With each reimbursement request, Subcontractor shall provide an invoice detailing the following: (1) Name of client; (2) Location address; (3) Services requested; (4) Services provided; (5) Itemized list of parts provided with cost; (6) Additional labor charge not included in standard installation; (7) Date services provided; (8) City's blanket purchase order number with release number; and (9) Line Item Number associated with the item/service provided. 7.2.1 Invoices shall be submitted to CAP staff electronically and dated the day the invoice is sent; 7.2.2 The maximum allowable expenditure for each home is $6,000.00. 7.2.3 CAP staff will inform the Subcontractor of the amount allowed for each client. 7.3 Withholding Payment. IF SUBCONTRACTOR FAILS TO SUBMIT THE REQUIRED REPORTS AND APPROPRIATE SUPPORTING DOCUMENTATION BY THE DUE DATE, CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT. 8. COST PRINCIPLES AND ADMINISTRATIVE REOUIREMENTS 8.1 Except as expressly modified by law or the terms of this Contract, Subcontractor shall comply with the cost principles and uniform administrative requirements set forth in the Uniform Grant Management Standards, 1 T.A.C. §5.141 et seq. ("Uniform Grant Management Standards"). 8.2 Except as expressly modified by law or the terms of this Contract, Subcontractor shall comply, when applicable, with the uniform cost principles for governments set forth in OMB Circular A-87, as implemented by 2 C.F.R. Part 225 and for non-profit organizations in CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 5 of 30 OMB Circular A-122, as implemented by 2 C.F.R. Part 230; Uniform administrative requirements for governments set forth in OMB Circular A-102, and for private non -profits in OMB Circular A-110. OMB Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations," sets forth audit standards for governmental organizations and other organizations expending Federal funds. 8.3 Notwithstanding any other provision of this Contract, City shall only be liable to Subcontractor for costs incurred or performances rendered for activities specified in the Low -Income Home Energy Assistance Act of 1981, as amended (42 U.S.C. Sec. 8621 et. Seq.) (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as amended) ("LIHEAP Act") 8.4 City shall not be liable to Subcontractor for certain costs, including, but not limited to, costs that: (a) have been reimbursed to Subcontractor or are subject to reimbursement to Subcontractor by any source other than City; (b) are not allowable costs, as set forth in the LIHEAP Act and Section 8.1 of this Contract; (c) are not strictly in accordance with the terms of this Contract, including the exhibits; (d) have not been reported to City within sixty (60) days following termination of this Contract; or (e) are not incurred during the Contract Term. 9. DEFAULT AND TERMINATION. 9.1 Failure to Submit Required Documentation 9.1.1 If Subcontractor fails to submit a reimbursement request by the deadline stated in Section 7.1, or if the submitted reimbursement request is incomplete or otherwise not in compliance with this Contract or the LIHEAP Act or any related laws, rules and regulations as determined by City, Subcontractor shall be in default of this Contract. City will notify Subcontractor in writing of such default and the Subcontractor will have ten (10) calendar days from the date of the written notice to submit or resubmit any such reimbursement request to cure the default. If the Subcontractor fails to cure the default within such time, Subcontractor shall forfeit any payments otherwise due that month. 9.1.2 In the event of more than two (2) instances of default, cured or uncured, City reserves the right, at its sole option, to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 9.1.3 Notwithstanding anything to the contrary herein, City will not be required to pay any CEAP Funds to Subcontractor during the period that any report or documentation is past due or is not in compliance with this Contract or the LIHEAP Act or any related laws, rules and regulations, or during any period during which Subcontractor is in default of this Contract. In the event of termination under this Section 9.1, all CEAP Funds awarded but unpaid to Subcontractor pursuant to this Contract shall be immediately forfeited and Subcontractor shall have no further right to such funds. 9.2 In General. Subject to Section 9.1, and unless specifically provided otherwise in this Contract, Subcontractor shall be in default under this Contract if Subcontractor breaches any term or condition of this Contract. In the event that such a breach remains uncured after thirty (30) calendar days following written notice by City (or such other notice period and may be specified herein) or, if Subcontractor has diligently and continuously attempted to cure CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 6 of 30 following receipt of such written notice but reasonably required more than thirty (30) calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect, as determined in City's sole discretion, to terminate this Contract effective immediately upon written notice of such intent to Subcontractor, or to pursue any other legal remedies available to City. In the event of termination under this Section 9.2, all CEAP Funds awarded but unpaid to Subcontractor pursuant to this Contract shall be immediately rescinded and Subcontractor shall have no further right to such funds, and any CEAP Funds already paid to Subcontractor must be repaid to City within thirty (30) days of the termination. 9.3 No Funds Disbursed while in Breach. Subcontractor understands and agrees that no CEAP Funds will be paid to Subcontractor until all defaults are cured to the satisfaction of City. 9.4 No Compensation After Date of Termination. In the event of termination, Subcontractor shall not receive any compensation for work undertaken after the date of the termination. 9.5 Rithts of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Subcontractor, or which may thereafter accrue because of such default. Such termination does not terminate any applicable provisions of the Contract that have been expressly noted as surviving the term or termination of the Contract. 9.6 Waiver of Breach Not Waiver of Subseauent Breach. The waiver of a breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof. 9.7 Civil. Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, of, including, but not limited to, those set out in this Contract. 9.8 Termination for Cause. City may terminate this Contract in the event of Subcontractor's default, inability, or failure to perform, or otherwise whenever such termination is determined by City to be in City's best interest. Likewise, Subcontractor may terminate this Contract if City does not provide the CEAP Funds substantially in accordance with this Contract. 10. REPAYMENT OF CEAP FUNDS. All CEAP Funds are subject to repayment in the event the program does not meet the requirements as set out in this Contract or in LIHEAP Act or any related laws, rules and regulations. 11. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, indemnity, release, City ordinances, or applicable CEAP requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract and shall be enforceable by City against Subcontractor. 12. GENERAL PROVISIONS 12.1 Independent Contractor. CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 7 of 30 Subcontractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Subcontractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, clients, licensees or invitees. 12.2 Doctrine of Resnondeat Superior The doctrine of respondeat superior shall not apply as between City and Subcontractor, its officers, members, agents, servants, employees, contractors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Subcontractor. City does not have the legal right to control the details of the tasks performed hereunder by Subcontractor, its officers, members, agents, employees, contractors, licensees or invitees. 12.3 Subcontractor Property City shall not, under any circumstances, be responsible for any property belonging to Subcontractor, its officers, members, agents, employees, contractors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and SUBCONTRACTOR HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 12.4 Faith Based and Sectarian Activity Funds provided under this Contract may not be used for sectarian or inherently religious activities such as worship, religious instruction, or proselytization, and must be for the benefit of persons regardless of religious affiliation. Subcontractor shall comply with the regulations promulgated by the United States Department of Health and Human Services at 45 C.F.R. §87.2. 12.5 Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Contract, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 12.6 Severabilitv. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can given effect without the invalid provision. 12.7 Written Agreement Entire Contract. This written instrument and the Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties hereto concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement, which purports to vary the terms of this Contract, shall be void. Any amendments to the terms of this Contract must be in writing and must be executed by each Party to this Contract. CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 8 of 30 12.8 Non -Discrimination and Eaual Onnortunitv. 12.8.1 A person shall not be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief, sexual orientation, gender identity, or gender expression. 12.8.2 Subcontractor agrees to cany out an Equal Employment Opportunity Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965. 12.8.3 Subcontractor covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 12.8.4 Subcontractor further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 12.9 Subcontractor's Contractors and ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Subcontractor warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Subcontractor or any of its contractors. SUBCONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF SUBCONTRACTOR'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE- REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. This Contract is made and entered into with reference specifically to the City's ordinances on employment practices, and Subcontractor hereby covenants and agrees that Subcontractor, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, applicant or client has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 12.10 Prohibiting Against Interest/Conflict of Interest. 12.10.1 It is the responsibility of the Subcontractor to comply with all applicable laws, rules, regulations, ordinances, and other legal requirements regarding conflicts of interest and nepotism. Subcontractor shall have in place and at all times follow policies to safeguard and prohibit its employees, board members, advisors, and agents from using positions for a purpose that is or gives the appearance of CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 9 of 30 being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Subcontractor shall disclose to City any conflict of interest or potential conflict of interest described above, immediately upon discovery of such, and advise the City (i) what, factually, occurred, (ii) was there any violation of legal requirements or policy, and (ii) if there was a violation, what will be the corrective action to address that matter and prevent any recurrences. 12.10.2 No persons who are employees, agents, consultants, officers or elected officials or appointed officials of City or of Subcontractor who exercise or have exercised any functions or responsibilities with respect to activities assisted with CEAP Funds or who are in a position to participate in a decision -making process or gain inside information with regard to these activities may utilize CEAP services, may obtain a financial interest, or benefit from a CEAP-assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. 12.10.3 Subcontractor affirms that it will adhere to the provisions of the Texas Penal Code, which prohibits bribery and gifts to public servants. 12.11 Compliance with Laws 12.11.1 FEDERAL, STATE AND LOCAL LAW. Subcontractor shall comply with the LIHEAP Act, the federal rules and regulations promulgated under the LIHEAP Act, the State Act, the State CEAP Rules, and all federal, state, and local laws and regulations applicable to the performance of this Contract. 12.11.2 DRUG -FREE WORKPLACE ACT OF 1988. The Subcontractor affirms by signing this contract that it is implementing the Drug -Free Workplace Act of 1988. 12.11.3 PRO -CHILDREN ACT OF 1994. Subcontractor shall follow the requirements of the Pro -Children Act of 1994, (20 U.S.C. Sec. 6081 et seq.) which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18 if the services are funded by Federal programs either directly or through States or local governments by Federal grant, contract, loan or loan guarantee. 12.11.4 LIMITED ENGLISH PROFICIENCY (LEP). Subcontractor must provide program applications, forms, and educational materials in English, Spanish, and any appropriate language, based on the needs of the service area and in compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure compliance, Subcontractor must take reasonable steps to insure that persons with Limited English Proficiency have meaningful access to the program. Meaningful access may entail provide language assistance services, including oral and written translation, where necessary. 12.11.5 The failure to list any federal, state, or City ordinance, law or regulation that is applicable to Subcontractor does not excuse or relieve Subcontractor from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Subcontractor's failure to follow the law, if applicable. CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House l0 of 30 12.11.6 Any change, addition, or deletion to the terms of the Contract required by a change in federal, state, or local law or regulation is automatically incorporated herein and is effective on the date designated by such law or regulation. 12.12 Assignment. Subcontractor shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 12.13 Right to Inspect Subcontractor Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Subcontractor and any contractor engaged in any activity in conjunction with this CEAP funded program. 12.14 Force Maieure If Subcontractor becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond such Subcontractor's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Subcontractor will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to give notice will result in the continuance of the Subcontractor's obligation regardless of the extent of any existing Force Majeure Event. Subcontractor will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 12.15 Political Activity Prohibited 12.15.1 None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Subcontractor from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citizen, information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. 12.15.2 No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of City, the State of Texas, or the government of the United States. 12.16 Use of Alcoholic Beverages Funds provided under this Contract may not be used for the payment of salaries to any Subcontractor's employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase of alcoholic beverages. 12.17 Legal Authority CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House I l of 30 12.17.1 Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive and manage the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform hereunder. The execution, delivery, and performance of this Contract will not violate Subcontractor's constitutive documents or any requirement to which Subcontractor is subject and represents the legal, valid, and binding agreement of Subcontractor, enforceable in accordance with its terms. 12.17.2 The person signing this Contract on behalf of Subcontractor hereby warrants that he/she has been duly authorized by Subcontractor's governing board to execute this Contract on behalf of Subcontractor and to validly and legally bind Subcontractor to the terms, provisions, and performances herein. 12.17.3 City shall have the right to terminate this Contract if there is a dispute as to the legal authority of either Subcontractor or the person signing this Contract on behalf of Subcontractor to enter into this Contract or to render performances hereunder. Subcontractor is liable to City for any money it has received from City for performance of the provisions of this Contract, if the City has terminated this Contract for reasons enumerated in this Section. 12.18 Travel Subcontractor shall adhere to OMB Circulars (A-87 and A-122 as appropriate), and either its board -approved travel policy, or the State of Texas travel policies. Subcontractor's written travel policy shall delineate the rates which Subcontractor shall use in computing the travel and per diem expenses of its board members and employees. 12.19 CovvriEht Subcontractor may copyright materials developed in the performance of this Contract or with funds expended under this Contract. City, TDHCA, and the United States Department of Health and Human Services shall have a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for government purposes. However, Subcontractor shall not use any designated account marks or copyrights of the City, photographs, and/or recordings, or sell, transfer, or give any original prints or reproductions for circulation and/or publication without the prior written consent of City. 12.20 Prevention of Waste, Fraud, and Abuse 14.20.1 Subcontractor shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in activities funded under this Contract. The systems and procedures shall address possible waste, fraud, and abuse by Subcontractor, its employees, clients, vendors, subcontractors and administering agencies. Subcontractor's internal controls systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by City. CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 12 of 30 12.20.2 Subcontractor shall give City complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the CEAP program. Subcontractor shall immediately notify City of any discovery of waste, fraud, or abuse. Subcontractor shall fully cooperate with City's efforts to detect, investigate, and prevent waste, fraud, and abuse. 12.20.3 Subcontractor shall not discriminate against any employee or other person who reports a violation of the terms of this Contract, or of any law or regulation, to City or to any appropriate law enforcement authority, if the report is made in good faith. 12.21 Amendments No alteration, change, modification or amendment of the terms of this Contract shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 12.22 No Third-Partv Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of City and Subcontractor, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 12.23 Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 12.24 Fiscal Fundine Out If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Contract, City may terminate this Contract to be effective on the later of (i) thirty (30) days following delivery by City to Subcontractor of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Contract. 12.25 Captions Captions and headings used in this Contract are for reference purposes only and shall not be deemed a part of this Contract. 12.26 Certified DBE If applicable, Subcontractor shall comply with the requirements of City Ordinance No. 20020-12-2011. 12.27 Counterparts and Electronic Sienatures This Contract may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 13. INDEMNIFICATION AND RELEASE. 13.1 SUBCONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 13 of 30 INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND SUBCONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR SUBCONTRACTORS OF CITY. SUBCONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF SUBCONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. 13.2 IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH SUBCONTRACTOR AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY SUBCONTRACTOR TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. 13.3 SUBCONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, REPRESENTATIVES, AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. 13.4 SUBCONTRACTORS SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 13.5 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, SUBCONTRACTOR, ON CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House l4 of 30 NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT CONTRACTOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. 14. WAIVER OF IMMUNITY BY SUBCONTRACTOR If Subcontractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including, but not limited to, death, to persons or property, Subcontractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory, or common law. 15. INSURANCE 15.1 Subcontractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of the work. Subcontractor shall maintain the following insurance coverages at all times during the term of this Contract: 15.1.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits. • $100,000 Each Accident • $100,000 Disease — Each Employee • $500,000 Disease — Policy limit 15.1.2 Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: • $1,000,000 Each Occurrence • $2,000,000 Annual Aggregate 15.1.3 Auto Liability Insurance shall be provided as follows: • $1,000,000 Combined Single Limit Each Accident 15.2 Additional Insurance Information: 15.2.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Subcontractor's insurance policies excepting employer's liability insurance coverage under Subcontractor's workers' compensation insurance policy. 15.2.2 Certificates of insurance shall be delivered to the Purchasing Division of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102, prior to a purchase order being issued. 15.2.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. 15.2.4 Each insurance policy shall be endorsed to provide the City a minimum thirty -days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage. Ten -days' notice shall be acceptable in the event of non-payment of premium. 15.2.5 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 15.2.6 Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 15.2.7 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 15 of 30 15.2.8 Workers' compensation insurance policy(s) covering employees of the Subcontractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 15.2.9 City shall not be responsible for the direct payment of insurance premium costs for Subcontractor's insurance. 15.2.10 Subcontractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 15.2.11 While the purchase agreement is in effect, Subcontractor shall report, in a timely manner, to the Purchasing Division any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 15.2.12 Subcontractor's liability shall not be limited to the specified amounts of insurance required herein. 15.2.13 Upon the request of City, Subcontractor shall provide complete copies of all insurance policies required by these agreement documents. 16. CERTIFICATIONS OF SUBCONTRACTOR 16.1 Undocumented Workers Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subcontractor hereby certifies that Subcontractor, or a branch, division, or department of Subcontractor does not and will not knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after receiving a public subsidy, Subcontractor or a branch, division, or department of Subcontractor is convicted of a violation under 8 U.S.C. Section 1324a (f), Subcontractor shall repay the public subsidy with interest, at the rate of five percent (5%) per annum, not later than the 120th day after the date the City notifies Subcontractor of the violation. 16.2 Certain Disaster Relief Contracts City may not award a Contract that includes proposed financial participation by a person who, during the five-year period preceding the date of this Contract, has been convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or assessed a penalty in a federal, civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. By execution of this Contract, the Subcontractor hereby certifies that it is eligible to participate in this Program and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 16.3 Lobbvina for Contracts, Grants, Loans, and Cooperative Agreements Subcontractor certifies, to the best of its knowledge and belief that: CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 16 of 30 16.3.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement. 16.3.2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 16.3.3 The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. 16.3.4 This certification is a material representation of fact on which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 17. LITIGATION AND CLAIMS Subcontractor shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against City in conjunction with this Contract or the program. Subcontractor shall furnish immediately to City copies of all pertinent papers received by Subcontractor with respect to such action or claim. Contract shall provide a notice to City within ten (10) days upon filing under any bankruptcy or financial insolvency provision of law. 18. NOTICE All notices required or permitted by this Contract must be in writing and addressed to the following: City: Sonia Singleton, Interim Assistant Director Parks and Community Services Department 4200 S. Freeway, Suite 2200 Fort Worth, Texas 76115 Subcontractor: Chris Runyon Atlas Star Energy, Inc. d/b/a A Cooler House 2526 National Drive Garland, Texas 75041 With copy to: City Attorney CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 17 of 30 Office of the City Attorney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 19. PROCUREMENT STANDARDS 19.1 Subcontractor shall comply with OMB Circular A-102, 10 C.F.R. section 600.236(b-i), 10 TAC section 5.10 this Contract, and all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this Contract. 19.2 Subcontractor may not use funds provided under this Contract to purchase personal property, equipment, goods, or services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless Subcontractor has received the prior written approval of the City for such purchase. 19.3 Upon the termination or non -renewal of this Contract, the TDHCA may transfer title to any such property or equipment having a unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to itself or to any other entity receiving TDHCA funding. 20. PROGRAM INCOME Subcontractor shall account for and expend program income derived from activities financed in whole or in part with funds provided under this contract in accordance with the Uniform Grant Management Standards, Common Rule, §_.25, OMB Circular A-110 §_.24, and OMB Circular A-102, Attachment, 2e. 21. EXCLUDED DEBARRED AND SUSPENDED PARTIES By signing this Contract, Subcontractor certifies that neither it nor its current principle parties or subcontractors are included in the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA). Subcontractor also certifies that it will not award any funds provided by this Contract to any party that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive order 12549. Subcontractor agrees that prior to entering into any agreement with a potential subcontractor that the verification process to comply with this requirement will be accomplished by checking the Excluded Parties List System at http://www.epls.gov/ or by collecting a certification from the potential subcontractor. 22. MAINTENANCE OF EFFORT Funds provided to Subcontractor under this Contract may not be substituted for funds or resources from any other source or in any way serve to reduce the funds or resources that would have been available to or provided through Subcontractor had this Contract never been executed. 23. TIME IS OF THE ESSENCE CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 18 of 30 Time is of the essence with respect to Subcontractor's compliance with all covenants, agreements, terms and conditions of this Contract. 24. DOCUMENTATION OF DISABILITY 24.1 All CEAP purchases of portable heating/cooling units are allowable only for households "that include at least one member that is elderly, disabled, or a child aged 5 or younger when City has met local weather crisis criteria" pursuant to 10 TAC 5.423(d)(4). No other reason for purchase, including medical reasons, shall be accepted. Notwithstanding the provisions under 10 TAC 5.423(d)(4), 10 TAC 5.423(d)(7), 10 TAC 5.402, 10 TAC 5.422(d)(3), 10 TAC 5.423(a), or 10 TAC 5.423(d)(6)-(7), under NO CIRCUMSTANCES should clients' medical information be collected or kept by Subcontractor. 24.2 Documentation of disability must NOT include documentation from a medical professional such as a doctor's letter, but only other forms of documentation of disability such as a social security or supplemental security income statement, and shall be kept in the client's file to validate eligibility. (SIGNATURES APPEAR ON NEXT PAGE) CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 19 of 30 IN WITNESS WHEREOF, the Parties hereto have executed this Contract to be effective as of the April 4, 2012. CITY OF FORT WORTH ATLAS STAR E RGY, INC. DB/A A CHOUSE By: By: Su n Alanis fris Runyon Assistant City Manager Director Recommended by: Richar. Zavala, Director Pars and Community Services Department Approved as to Form and Legalit Tyler lch Assistant City Attorney ATTEST: a Kayse City Secret AUTHORIZATION: M&C P-11368 DATE: April 3, 2012 CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House OFFICIAL RECORD CITY SECRETARY no of 3o FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES AND MINIMUM REQUIREMENTS 1.0 GENERALLY 1.1 Subcontractor shall furnish all equipment, materials, repair personnel, parts, permits, and all tools required to perform assessments, maintenance, repair and/or replacement services on client - owned heating & cooling systems, water heaters and refrigerators (assessment and repair only) as requested and directed by the City of Fort Worth Community Action Partners (CAP) or by the Director of the City of Fort Worth Parks and Community Services Department or his designee ("Director"). 1.2 Subcontractor shall be licensed to operate a Freon Reclaim unit; 1.3 Subcontractor shall have working knowledge of and have possession of an operational gas analyzer including Carbon Monoxide (CO) tester with print capacity; 1.4 Subcontractor shall have a working knowledge and have possession of an operational Energy Consumption meter; 1.5 Subcontractor shall be knowledgeable of all City, County and International Residential Codes in Tarrant County; 1.6 Subcontractor shall be licensed to provide heating, ventilation, air conditioning, minor plumbing and electrical services in order to perform energy assessments tools as a part of this agreement. 2.0 SUBCONTRACTOR RESPONSIBILITIES 2.1 Supervision — The Subcontractor shall, during the term of the Contract, provide competent supervision of his employees to assure complete and satisfactory fulfillment of the work and the terms of this Contract. The Subcontractor or a capable, fully authorized representative must be immediately available during all work activities to receive any and all special instructions from the Purchasing Manager or designee. 2.2 Safety — The Subcontractor must be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not necessarily be limited to Environmental Health Agency (EPA) regulations, Fort Worth City Ordinances, and Occupational Safety and Health Agency (OSHA) regulations. In addition, the Subcontractor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 2.3 Hazards — The Subcontractor shall at no time permit placing or use of equipment in such manner as to block traffic lanes or to create safety hazards. Subcontractor personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work, if necessary. 2.4 Defective Work and Damages — Subcontractor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any job site caused by its activities. Restoration and correction shall be to the complete satisfaction of the City/CAP. This shall apply to any part of a building/home, its appurtenances, the adjacent grounds, or any other tangible damage incurred in the performance of the Contract. Failure by the Subcontractor to proceed promptly with corrective actions may be cause for cancellation of this Subcontractor with amount(s) necessary to correct defective work and/or damage being withheld from payments due or to become due to the Subcontractor. 2.5 Clean Up - The Subcontractor shall keep the premises free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Subcontractor shall remove all waste and CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 21 of 30 rubbish from and about the work area, as well as tools, equipment and surplus materials, and shall leave the area as clean and as free of spots, stains, etc., as before the work was undertaken. 2.6 Regulations - Subcontractor shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations pertaining to the performance of the work specified herein even if they come into effect after the start of this Contract. All mandates requiring the City/CAP to comply with new guidelines will also require the City Subcontractor to comply. 2.7 Performance - Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Subcontractor's obligation with respect to such performance shall continue in full force and effect. 2.8 Subcontractor shall properly operate a Freon Reclaim unit; 2.9 Subcontractor shall properly operate a Carbon Monoxide (CO) tester with print capacity; 2.10 Subcontractor shall properly operate an Energy Consumption meter; 2.11 Subcontractor shall properly apply all City, County and International Residential Codes in Tarrant County; 2.12 Subcontractor shall properly assess and install gas space heaters, as well as wall and floor furnaces; 2.13 Subcontractor shall properly assess and install window air conditioners and seal according to CAP specifications; 2.14 Subcontractor shall properly assess and install all components of a central air conditioning and heating systems; 2.15 Subcontractor shall have the resources to communicate in writing and verbally (in person and by phone) with clients who speak other languages (primarily Spanish); 2.16 Subcontractor shall have appropriate dress attire and proper identification, to assure the City's clients can readily identify technicians providing services at the clients' homes; 2.17 Subcontractor shall perform assessments within 10 (ten) business days after receiving a work order and a Blanket Purchase Order Release Number; 2.18 Under normal circumstances all work orders shall be completed within one (1) month of receipt of work orders. 2.18.1 Exceptions to this requirement shall be allowed only in the event an eligible participant is unavailable for scheduled service delivery. 2.19 Subcontractor shall not alter any work order without authorization from City or CAP staff; 2.20 Subcontractor shall provide program staff with documentation of the number of contact attempts per client. 3.0 ASSESSMENT AND WORK ORDER REQUIREMENTS 3.1 Subcontractor shall assess and complete assessment forms, provided by City or CAP, on all appliances [window units, water heaters, standing heaters, floor/wall furnaces, refrigerators and central systems (condensers, heat pumps, gas furnaces, air handlers and condition of duct work)]; 3.1.1 These assessment forms are to be completely filled out or, where not applicable, "N/A" is to be reflected; 3.1.1.1 CO reading results must be printed by the CO monitor and must accompany the assessment. CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 22 of 30 3.1.2 Signature of technician(s) performing the work and the client must be on all forms as provided; 3.2 Under normal conditions, Subcontractor shall contact the client to schedule a time to survey and perform each assigned jobsite assessment within ten (10) business days of notification by an authorized City or CAP employee; 3.3 Subcontractor shall complete the assessment form(s) for each jobsite and submit overall assessment to CAP staff to receive authorization to proceed with completing the work order within ten (10) business days of completing the assessment; 3.4 Unless otherwise instructed, Subcontractor shall contact the client to schedule a time and to complete the work order within ten (10) business days after receiving authorization to proceed from CAP; 3.5 Subcontractor shall submit the invoice for payment electronically within ten (10) business days of completing the assignment. Invoices shall be dated the day of submission; 3.6 If City or CAP specifies the work order as an energy crisis, Subcontractor shall survey jobsite within 24 business hours and complete all work within 48 business hours of the receipt of authorization to proceed; 3.7 If CAP specifies a work order to present a life -threatening situation, Subcontractor shall complete all work at the jobsite within 18 business hours of the receipt of authorization to proceed. 4.0 EQUIPMENT 4.1 The types of systems to be maintained, repaired or replaced include central heating and cooling units, wall units, floor units, space heaters, window units, refrigerators (repair only) and water heaters; 4.2 All materials and equipment supplied under this Contract shall be new, unused, of recent manufacture, and suitable for its intended purpose. 4.3 The retrofit, repair and/or replacement of a heating/cooling appliance, refrigerator (repair only) and water heater must be cost-effective and must result in a reduction of energy consumption. The services may include cleaning, tuning and evaluating the unit; repair and replacement of existing components; and replacement of inefficient units including: • Cooling units (including duct systems), such as central air conditioners, window air conditioners and evaporative coolers • Heating units, such as central, wall/floor furnaces, space heaters and wood burning stoves • Water Heaters 4.4 All repairs, retrofits or replacements must be performed to meet all local codes (Council of American Building Officials (CABO) standards shall apply when no code exists). 4.5 Replacement appliances must meet the Department of Energy prescribed energy efficiency standards or higher. 4.5.1 For most appliances, the Energy Star label (conferred under standards established by the U.S. Department of Energy and the Environmental Protection Agency) indicates the high efficiency standard. 4.5.2 The Subcontractor is encourage to visit the web site: www.energystar.gov "Explore Products" to locate the most current listing of Energy Star appliances for the following: Central Gas Furnaces must meet a AFUE rating of 90% or greater, Central Air Conditioners must meet a SEER rating of 14.5 or greater and Air -Source Heat Pumps must meet a HSPF of 8.2 for split systems or 8.0 for single packaged units. • Central Heat Systems: Gas (including propane) or Electric CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 23 of 30 • Central Air Conditioners • Central Air -Source Heat Pumps • Whole House Window/Through Wall Conditioners (220 volts) • Room Air Conditioners (120 volts) • Water Heaters o Gas (including propane) *EF = .45 to .68 o Electric *EF = .78 to .95 4.5.3 Currently, no Energy Star standard exists for these types of appliances; use the following until such standards are established: • Wall/Floor Furnaces and Vented Space Heaters: o Gas/Propane (only) *AFUE = .80 • Unvented Space Heaters must have a factory installed Oxygen Depletion Sensor System with automatic shutoff. Repair, replacement, or retrofit must reduce CO2 levels to 25 ppm or less. o Gas/Propane (only) *AFUE = .92 *AFUE=Annual Fuel Utilization Efficiency *EF = Energy Factor *SEER = Seasonal Energy Efficiency Ratio 4.6 Propane tanks, when ordered, shall be supplied in compliance with all applicable code laws and regulations, and in the sizes listed on the itemized response page. Permits are required for these installations. The City and Fire Department jurisdictions in which the installation has taken place must have complete inspections on file. 4.7 When heating, cooling and water heaters are replaced; the client must surrender the old unit to be disposed of, according to state and federal laws. The Subcontractor must obtain permits where applicable. All unvented space heaters replaced must be destroyed beyond repair. 4.8 When installing window units, the Subcontractor may not use the installation kit provided with the window unit, but must be sealed and secured to window. Window units must be installed to assure proper drainage of water away from the window unit. 4.9 The Subcontractor shall permanently mark all window air conditioners installed as directed by CAP staff. 4.10 The City reserves the right to provide the Subcontractor window air conditioners for installation. 4.11 Digital pictures are to be taken of the following areas and submitted electronically with the completed assessment forms: ■ Window air conditioners without covers ■ Hot water heaters, if leaking or rolling flames (gas) ■ All heating equipment ■ Duct work for central units 5.0 WARRANTY CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 24 of 30 5.1 Subcontractor warrants and guarantees the part(s), material(s), and/or service(s) against any defects in design, workmanship and/or materials and failures to operate satisfactorily for any newly installed equipment for a period of at least one (1) year. 5.2 Service repair to any equipment must be warranted for 90 days. 5.3 Subcontractor shall be obligated to complete any warranty work within three (3) working days of notification. In life threatening situations, Subcontractor shall be required to provide warranty work within 24 hours of notification. 5.4 The warranty and/or guarantee shall begin on the date on which the parts and/or materials are placed in services by the City, and shall continue through the manufacturers standard warranty period. 5.5 Subcontractor must provide each jobsite with all manufacturer's warranty registration on newly installed components (i.e. central furnaces, compressors, window units and heaters). 5.6 Subcontractor must also provide each jobsite and CAP Administrative Office a contact number to report any warranty concerns occurring within warranty period. 5.7 If a warranty concern arises within the warranty period, the Subcontractor is to notify the City of the concern in writing, date Subcontractor was contacted and steps contractor took to resolve the concern. 6.0 HOURS OF SERVICES Regular hours shall be from 8:00 A.M. to 5:00 P.M., Monday through Friday. Work may extend past a normal eight (8)-hour work shift, if needed to abate a crisis or life -threatening situation. CEAP SUBCONTRACTOR CONTRACT Atlas Star Energy, Inc., d/b/a A Cooler House 25 of 30 11-0348 Heating and Cooling Assistance Program 1. The following pricing table lists the more commonly needed items and services and is not intended to exclude other items or services that may be required to fulfill contractual obligations and meet State requirements. 2. All prices bid shall remain firm for each twelve-month term of the contract. List Hourly Rates that will be used to calculate prices under normal circumstances and normal work hours: Hourly Rate for Helper $$-5. Oz Hourly Rate for Licensed Technician $ J 5 DO •� Hourly Rate for Licensed Sr. Technician $ 7s0o • w h xa W >• ~ Additional Pricing Llst Hourly Rates that will be used to calculate once of work that extends beyond normal work hours "Overtime" Hourly Rate for Helper $i 5e "Overtime" Hourly Rate for Licensed Technician $ G % 30 "Overtime" Hourly Rate for Licensed Sr. Technician $ //Z • 50 r`n, Minimum Service Call/Trip Call (for return visit requested by authorized personnel) $ 7570 0 pDiscount from Vendor's List Price for eauioment and Darts not listed. 5 d * Total Cost to Complete Task - This amount shall be a tumkey price (all inclusive) pricing shall reflect trip charge, any permit fee, additional time to pick up equipment and materials, installation labor, disposal, etc.) City reserves the right to fumish the window units if it best serves the City's interest. Invitation to Bid 11-0348, Heating and Cooling Assistance Program, Addendum No. 4 Page 2 of 6 Comprehensive Energy Assistance Program Heating & Cooling Component UNITS, MATERIALS AND INSTALLATION (PART ONE) Total Hourly Rate (this rate shall Est. Equipment Equipment represent the # of Hours to Qty MFG. Unit Price cawnedtalus or Complete each technical person necessary to Item # Description pertom the task) Window/Thro h Wall Air Conditioners" 1 5. d0 BTU (115v) 10 2 6.000 BTU (115v) 50 3 8.000 BTU (115v) 10 4 10.000 BTU (115v 25 5 12.000 BTU 115v� 35 6 12.000 BTU (220v) 10 7 15.000 BTU (115v) 15 8 15,000 BTU q.20v 10 9 .18.000 BTU (220v 15 10 j24,000 BTU (220v 5 HeatiCoo( Units ** 11 6.000 BTU (115v) 12 8.000 BTU (115v) 13 10,000 BTU (115v) 14 12.000 BTU (115v) 15 12.000 BTU (20 v) 16 15,000 BTU ' 115v) 17 18.000 BTU 220v)) 18 24.000 BTU )220‘6 Propane Tanks (tanldinstailation only - doesn't include filling) 19 1250 gallon above ground 20 1500 gallon above ground "Total Cost to Complete Task tMaecnur. aux.vnarrt Extended Total end TotW fp;..,v'!v Rare ""' x Tubl Cosa 1 tt of 1n.•a,a to cvrnah .t±' tm:a": 'La.-I4rZal. Yc.ee /. T .3.So !. Si 7 11!Jo I . < ? Z WS.5C� Z(dr - p 0 Y ©0 / S a ..5O 3 •00 3',/.1L- e! co ,! / L 3Z ]. 2 si �f.i.cX: J. j ;rti' Cs--; 00 /. j 7 � v1 } c!��c0 4?c !., S 4 F17. SNo.04 ' . G� /. i, 2 9 Act, 10 IA...4.1 a:• 515Z.za .00 1. ._5/9. 70 -5/97-pat 20 r 'ice_ / . ?. 7 f. �^rt!1 e7r� 20 5/e...3�v J p &i ! L� P. 4,7.. ip% 15 cg&'. RG= 5/SQc µ .l 'S la 7S'7. 15 SI[o.3 ( cIS 00 , . . ( , ��. 90 15 &la1-3 ac" ( 5 az '73 i0:75:5.G!o 15 c[_i.(g,Z 3 ¥ 1t I • C C 7. % '.^ jr /4 S 94 5 ::.) 73Sw oV 000 .o /ov.a c / /Zjpie-Z.cc v /7947.cp SUBTOTAL,/St 54rc.c17 invitation to Bid 11-0348, Heating and Cooling Assistance Program, Addendum No. 4 Page 3 of 6 Atlas Star Energy, Inc., d/b/a A Cooler House MISCELLANEOUS SERVICES (PART TWO ) ITEM # DESCR)PTION 21 Perform Heating Tune Up 22 Perform Cooling Tune Up Perform Heating Tune on Propane 23 Furnace In Place Service Window Units 24 (small) in Place Service Window Units 25 {large) Removal Service Window Units 26 (small) Removal Service Window Units 27 (large) 28 Service Standing Heaters Unblocked Evaporator, Condenser 29 or Furnace Drains 30 In Place Coil Cleaning (Horizontal) Removed Coil Cleaning 31 (Horizontal) 32 In Place Coil Cleaning (downflow) 33 Remove Coil Cleaning (downflow) 34 In Place Coil Cleaning (Upflow) 35 Remove Coil Cleaning jupflow) 36 Condensing Coil Cleaning Est. Material Qty Costs 110 110 5 90 70 80 80 150 25 7poo Total Hourly Rate (this rate shall represent the combined rates of each technical person necessary to perfom the task) 20 '%SD `fsao 5 7,So 20 7so 5 73 30 l SD �D 40 %• SD 0 0 50 75 00 V.Sco 95,00 425.00 t 85 o° i t{5;ao / ¥S.' / /-,- FOoa •3 41S /.S 2 No. of Hours to Complete Task •S' i,5 t.5 1 "Total Cost to Complete Task (Meten'et i TWS/ Howdy Extended Total Rates $ of noes to (Estimated Ovontry x Total complete task) Coat) 40 ?.So (v 7 .00 4,7.5o 67.S0.00 67-So 337.50 515-oo £/oSb•oa 4/5, DO 31 SO•co 4iS.c7O 3ea 0.0O 8000 6400 °° 4(5-0a to7.50.00 55.cr /375,00 7S.6o /50o.cc+ Z-,'? /z37.so 75,00 (sex, .0O Z.S /0 (e eaoci ob 75-400 Z75o. 2t0.o0 Alf co. cG) /. S 7.U.) 370-,0,00 SUB TOTAL I,57 4 Invitation to Bid 11-0348, Heating and Cooling Assistance Program, Addendum No. 4 Page 4 of 6 c O N d/b/a A Cooler House Atlas Star Energy, PARTS AND MATERIALS (PART THREE +"I' Est. Unit Extended Item # Description Qty Price Total R-22 Freon per pound 150 d,co r/Go 02) 38 R-410A Freon per pound 50 Zoo ,:3cx) 39 134A Freon per pound 10 Za00 10to•00 Freon Recovery per pound 40 (freon & equipment disposal) 240 Z6-00 (p"9419 41 Ac Coil Cleaner per gallon 15 z.Z. 52� 37, 50 42 Hollow Door 5 Q;o2._ 43 Air Filter (1" pleated) 60 3 / j,20 44 Air Filter 1" pleated case 45 313oo 7/0.Lb Non -Programmable Digital 45 Thermostat 50 3?50 i 'Z5 00 46 Prog ammable Digital Thermostat 25 52, /3/2..50 Non--rogammabfe Heat Pump 47 Digital Thermostat 14 78.ao irAZ•oD Programmable Heat Pump Digital 48 Thermostat 7 57•09 39940 49 3/8" Liquid Line Filter Drier 60 ZO,a!) /2D01 00 50 Dual Capacitor (30-5mfd1 10 7g ,00 2 60.00 Universal electronic ignition Gas 51 Valve 15 Z 32.00 $ 7,oa 1/4 Horse Condenser Motor 52 Replacement 30 8 00 Z.449Zeo 53 5-15mpf Capacitor Replacement 30 $"O Co7S° 54 Gas Valve Replacement 100 //9oo //,3m•a'' 55 Upper Combustion Air 60 5�,_o" 60 56 Lower Combustion Air 60 ,syou e& jo Replace Blower Assembly 57 (Downflow, Upflow & Horizontal) 15 326.00 ECG 1/4 Horse Blower Motor 58 Replacement 50 8300 `/ 50.00 Invitation to Bid 11-0348, Heating and Cooling Assistance Program, Addendum No. 4 Page 5 of 6 Atlas Star Energy, Inc., d/b/a A Cooler House PARTS AND MATERIALS (PART THREE CONTINUED) ++ Est. Qty Item # Description Direct Drive 114 Horse Blower 59 Motor 60 City Inspection Fees 61 Etching on all window units 62 Disposal Fee per household Digital Photographs - price per household (can be emailed to 63 department) One Time Horne Assessment Fee (this fee shall include the minimum trip 64 charge for the first visit) 10 Unit Extended Price Total 83.W 8.30.00 250 �i•rv2 70,E 200 /too 7c z t,D 200 5 da 250 17s 7g7.so 250 75 oc rB.7„fD SUB TOTAL 73 SUB TOTALS PART ONE $ NO Wee'.'/7 PART TWO $ 6' 4oao 0 PART THREE $ 73. 3-SO. 50 GRAND TOTAL $ Z76 3742- 9 (place this amount on the Bid Solicitation Sheet, page 2) ++ Prices bid on items in Part Three shall represent the cost for the item only. Any labor costs associated with installation/service shall be based on labor rates listed on the first page of the Pricing Sheet. Invitation to Bid 11-0348, Heating and Cooling Assistance Program, Addendum No, 4 Page 6 of 6 M&C Review Page 1 of 3 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FOR rWon 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 II 11.11 IL 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 8/16/2013 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 FROM Fund/Account/Centers Submitted for City Manager's Office bv: Susan Alanis (8180) http://apps.cfwnet.org/council packet/mc_review.asp?ID=16597&councildate=4/3/2012 8/16/2013 M&C Review Page 3 of 3 Originating 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 8/16/2013