HomeMy WebLinkAboutContract 44390crnr sEc��� � - / �
CONTR�lCT NOo
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
CONTRACT FOR SERVICES BETWEEN THE CITY OF FORT WORTH
AND INTEGRITYTEXAS CONSTRUCTION, LTD
This Contract ("ContracY') is made and entered into by and between the City of Fort Woi�th, a home-rule
municipal corporation, acting by and through its duly authorized Assistant City Manager, ("City") and
IntegrityTexas Construction, Ltd., a Texas limited partnership, acting by and through its general partner
IntegrityTexas Construction I, Inc., a Texas for�-profit corporation, acting by and through its duly authorized
Director and President, Ramon Hetnandez ("Subcontractor"). City and Subcontractor may be referred to
individually as a"Party" and jointly as "the Parties."
WHEREAS, the City receives grant monies fi•om the Teaas 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 fi•om time-to-
time ((Fort Worth City Seci�etaiy Contc•act (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 G25329);
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, wart�anty, hours of seivices,
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 conh�act
for services to Subcontractor and Atlas Star Energy, Inc. d/b/a A Cooler House, 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 agr•eements 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 agceement 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 deter•mined by TDHCA.
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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:
1. INCORPORATION OF RECITALS
The Parties agree that the recitals set for the above are true and correct and foim the basis upon which the
Parties have entered into this Contract.
2. TERM
The initial teim of this Contract is effective as of April 4, 2012 and ter7ninates on Apri1 3, 2013 unless
terminated earlier as provided in this Conh•act. This Contr�act may be renewed or extended for up to four (4)
additional one-year periods, subject to availability of grant funding, Subconn•actor perfoi�rnance, and inutual
agreeinent of the Pa�ties. All renewals and extension shall be based on exisring tenns, conditions, and price
shuctures set forth in the e�thibits 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
3.11 City shall pay up to Two Hundred Thousand and No/100 ($200,000.00) of CEAP Funds
on a reimbursement of actual expenses incw-�•ed basis under the terms and conditions herein.
Subcont�•actor understands and agrees this ainount constitutes the maxirrium amount payable for the
services described herein, unless a foi�nal v�n�itten amendment is executed by the pa��ties hereto. There is
no guarantee that a specific dollar amount will be spent or minimiun purchase will be made iuider this
Conh�act. All payrnents shall be conditioned upon the inspecrion a�id approval of work by the Director of
the Parks and Community Seivices Department and/or his designee ("Director") and submission of a11
requu•ed documentation under this Conn•act.
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 Cont�•act or if
the City's allocation of CEAP Funds changes, City reserves the right to ainend or tei�rninate this Contract
without penalty. Also, no funds will be available for reunbursement unril 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 Subcont�•actor
has maintained cash balances in excess of need, (2) City idenrifies any deficiency in the cash controls or
fmancial manageinent 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 unril City has detei7nined in
writing that Subcontractor's iiscal control and fund accounting procedures are adequate to assure the
pro�ei• disbut•sal of and accounting fot• such funds.
3.1.5 The City is not liable for any costs incmred by the Subcontractor that a�•e not allowed
by law or pursuant to this Contract.
4. SUBCONTRACTOR OBLIGATIONS
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4.1 Required Services
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 Subconti•actor in its application for funding
under this Contract and with all other terms, provisions, and requirements herein set fot�th.
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 Re�ulations and Contract
Subcontractor will be reimbursed with CEAP Funds for the actual costs incurred only if costs are eligible
expenditui�es 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 Pavment of CEAP Funds to Subcontractor
CEAP Funds will be disbursed to Subcontractor on a reimbursement basis upon Subcontractor's written
and signed request for reimbutsement 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) days
after the City's request.
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5. MONITORING
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 repoi�t shall include requirements for the timely correction of said deficiencies
by Subcontractor. Failure by Subcontractor to take the action specifed in the monitoring report may be cause for
suspension or termination of this Contract as provided herein.
6. RETENTION, ACCESSIBILITY OF RECORDS, REPORTING REQUIREMENTS, 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 Agceements, Subpart C-Post Award Requirements,_.42.
Specifically, Subcontractor will keep or cause to be lcept an accurate record of all actions taken and all funds
spent, with source and back-up documentation.
6.2 Open Records. Subcontractor acknowledges
assembled, or maintained by Subcontractor pertaining to this
Public Information Act, Chapter 552 of Teaas Government Code
agencies, and other interested parties with reasonable access to al
subject to and in accordance with the Texas Public Information Act.
that all information collected,
Contract is subject to the Teaas
and must provide citizens, pubiic
1 records pertaining to this Contract
6.3 Subcontractor shall give the U.S. Department of Health and Human Se�vices, 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 pe��taining 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 fnal 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
e�piration 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 cooper�ate 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
necessa�y for the effective ful�llment 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 pi•ior to any
deadline imposed by the TDHCA through CSC No. 43280.
6S Notwithstanding anything to the contraiy, City reserves the right to perform any additional audits
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of Subcontractor's performance under this Contcact, including, but not limited to, the Subcontractor's Program
operations and finances, for the period set forth in Section 6.3. Subcontractor agrees to permit City, or its
authorized representatives, to audit Subcontractoi'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 fu��ther
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 SUCA ACTIONS.
6.6 Subcontractor shall maintain a fle system to document direct services rendered with each file
containing the information set foi�th in Section l 0.D of CSC 43280.
7. REIMBURSEMENT REQUIREMENTS
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 15`'' 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 pi�ovided; (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 shali be submitted to CAP staff electronically and dated the day the invoice is
sent;
7.2.2 The maximum allowable eapenditure 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 Withholdin� Pavment. IF SUBCONTRACTOR FAILS TO SUBMIT THE REQUIRED
REPORTS AND APPROPRIATE SUPPORTING DOCUMENTATION BY THE DUE DATE, CITY
SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT.
S. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
8.1 Except as eapressly modified by law or the terms of this Contract, Subconh�actor shall
comply with the cost principles and uniform administrative requirements set for�th in the Uniform Grant
Management Standards, 1 T.A.C. §5.141 et seq. ("Uniform Gi•ant Management Standards").
8.2 E�cept 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
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Circular A-87, as implemented by 2 C.F.R. Part 225 and for non-profit organizations in
OMB Circular A-122, as implemented by 2 C.F.R. Part 230; Uniform administrative
requirements for governments set forth in OMB Circulai� A-102, and for private non-pro�ts
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, inciuding, but not limited to, costs that:
(a) have been reimbursed to Subcontractor or are subject to reimbu�sement 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 Contt�act, including the exhibits;
(d) have not been repoi�ted 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 reimbuisement 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 reimbuisement 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 r�equired 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, 01• during
any pei�iod 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
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notice period and may be specified herein) or, if Subcontractor has diligently and continuously attempted to cure
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 ttlis 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 Subcontcactor pursuant to this Contract shall be immediately
rescinded and Subcontractor shall have no fui�ther 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 Ri�hts of City Not Affected.
Termination shall not affect or terminate any of the eaisting rights of City against Subcontractor, or
which may thereafter accrue because of such default. Such termination does not terminate any applicable
provisions of the Conh�act that have been expressly noted as surviving the term or termination of the Contract.
9.6 Waiver of Breach Not Waiver of Subsequent 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 whenevet• 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 pei�tains 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
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12.1 Independent Contractor.
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 se�vices performed hereunder, and all persons performing same, and shall be solely responsible for
the acts and omissions of its ofiicers, members, agents, se�vants, employees, contractors, clients, licensees or
invitees.
12.2 Doctrine of Respondeat 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 partneiship or
joint enterprise between City and Subconh�actor. City does not have the legal right to
control the details of the tasks perfocmed 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 inhei�ently 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 Governin� 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 — Foi-t Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
12.6 Severability.
The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other
pai�t of this Contract shall be determined to be invalid by a coui�t 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 A�reement Entire Contract.
This written insttument and the Exhibits attached hereto, which are incorporated by reference and made a
part of this Contract for all put•poses, constitute the entire agreement by the Parties hereto concerning the
work and se�vices to be performed under this Contract. Any prior or contempor�aneous oral or written
agceement, which purpoi�ts 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.
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12.8 Non-Discrimination and Equal Opportunitv.
12.8.1 A peison shall not be excluded fi�om 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 progr�am or activity funded in whole or in part with funds made available under this contract, on
the grounds of race, color, religion, sea, national origin, age, disability, political affiliation or belief,
sexual orientation, gender identity, or gender expression.
12.8.2 Subcontractor agrees to carry out an Equal Employment Oppoi�tunity Program in keeping
with the principles as provided in President's Executive Order 11246 of September 24, 1965.
12.8.3 Subcontcactor covenants that neither it nor any of its officers, members, agents,
employees, or contcactors, 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 theii• 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 statuto►y requirement.
12.8.4 Subcontractor fui�ther covenants that neither it nor its officers, membeis, agents,
employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements
for employees to work on this Contract, a maaimum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutoiy
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 eithe►• 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,
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board members, advisors, and agents fi•om using positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves or others, pa��ticularly those with whom they
have family, business, or other ties. Subcontr�actor shall disclose to City any conflict of interest or
potential conflict of interest described above, immediately upon discoveiy 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, of�cers or elected officials
or appointed of�icials of City or of Subcontractor who exer•cise 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 bribeiy and gifts to public servants.
12.11 Compliance with Laws
12.11.1 FEDERAL, STATE AND LOCAL LAW. Subconh•actor 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 DRUGFREE 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 po��tion 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 seivices are funded by
Federal programs either directly or through States or local governments by Federal g1•ant, contract, loan
orloan guarantee.
1211.4 LIMITED ENGLISH PROFICIENCY (LEP). Subcontractor must
provide program appiications, 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 necessaiy.
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 fi•om the requirements or
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responsibilities in regard to following the law, nor fi•om the conseguences or penalties for Subcontractor's
failure to follow the law, if applicable.
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 Ri�ht 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, r�iots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board,
depai�tment, commission or agency of the United States or of any States, civil distw•bances, or explosions, or
some other reason beyond such Subcontractor's control (collectively, "Force Majew•e 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
12.151 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 offcial 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 Bevera�es
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 eapenses
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e�pended for alcoholic beverages, or for the purchase of alcoholic beverages.
12.17 Le�al Authority
12.17.1 Subcontractor assures and guarantees that it possesses the legal
authority to ellter 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 perfor•mance of this Contcact 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.
12.1�.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 fi•om 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 tT�avel 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 Coqvri�ht
Subcontr•actor 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-fi•ee, none�clusive, 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, fi•aud, and abuse in activities funded under
this Contract. The systems and procedures shall address possible waste, fi•aud, and abuse by
Subcontractor, its employees, clients, vendors, subcontractors and administering agencies.
Subcontractor's internal controls systems and all transactions and other significant events
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are to be clearly documented, and the documentation is to be readily available for monitoring by
City.
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 discoveiy of waste, fi•aud, 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 tei•ms of this Contract, or of any law or regulation,
to City or to any appi�opriate law enforcement authority, if the repoi�t 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 Beneiiciaries
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 Fundin� Out
If, for any reason, at any time during any term of this Agreement, the Foi�t Worth City Council fails to
appropriate funds sufficient for City to fuliili its obligations under this Contract, City may terminate this Contract
to be effective on the later of (i) thirty (30) days following deliveiy 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 Signatures
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
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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
INJ[JRY, 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 H�REIN,
WHETHER OR NOT CAUSED IN WHOL� OR IN PART, BY ALL�GED 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 P�RSONS, 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, EMPLOYE�S, 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 CONN�CTION 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
CONS�QUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS
ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF TI-IE 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 INCID�NTAL TO PERFORMANCE UNDER THIS
CONTRACT, EVEN IF THE INJURY, DEATB, DAMAGE OR LOSS IS CAUSED BY CITY'S
SOLE OR CONCURRENT NEGLIGENCE.
13.4 CONTRACTORS SHALL REQUIR� 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 ABOV�.
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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
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 othei�wise) fi•om and against liability for damages or injury, including, but not limited to, death, to
persons or property, Subcontractor hereby eapressly 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.
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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.
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 eaecution of this Contract,
Subcontractor hereby cei�tifies that Subcontractor, or a branch, division, or department of
Subcontractor does not and will not knowingly employ an undocumented workei�, where
"undocumented worlcer" 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
(�, 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 fve-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
paymellt withheld if this certification is inaccurate.
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16.3 Lobbvin� for Contracts, Grants, Loans, and Coouerative Agreements
Subcontractor• certifies, to the best of its knowledge and belief that:
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 off"icer 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 inodification of any federal conh�act, grant, loan, or cooperative
agreeinent.
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
meinber of congress in connection with this federal contract, grant, loan, or cooperative
agreement, t�ie undersigned shall complete and subinit standai•d foi7n -LLL, "Disclosure FoiYn
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 a11 sub-awards at all riers (including subconh•acts,
sub-grants, and contracts under grants, loans, and cooperarive agreements) and that all sub-
recipients shall certify and disclose accordingly.
16.3.4 This ceitiiication is a material representarion of fact on which reliance was
placed when this t�•ansaction was made or entered into. Subinission of this certification is
a prerequisite for making or entering into this n�ansaction nnposed by Section 1352, Title 31,
U.S. Code. Any person who fails to file the requued ceitification 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 sha11 give City unmediate norice in writing of any action, including any proceeding before
an administrative agency, filed against City in conjunction with this Conh'act or the program. Subconn•actor shall
fiunish immediately to City copies of all pertinent papers received by Subcont�-actor with respect to such action or
claun. 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 requu•ed or pei�nitted by this Conh•act must be in writing and addressed to the following:
C� Subconri•actor:
Sonia Singleton, Assistant Director Ramon Heinandez
Parks and Coimnunity Services Deparrinent DBA Integrity Home Repau & Consn-uction
4200 S. Freeway, Suite 2200 4712 McNutt
Fo��t Woith, Texas 76115 Haltom City, Texas 76117
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With copy to:
City Attorney
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 Contr•act.
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 Conh•act, 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 Circulai� A-110 §_.24, and OMB Circular A-102,
Attachment, 2e.
21. EXCLUDED DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subcontractor cei�tifies 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 it•om 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 Yhe Excluded Parties List System at
http://www.epls.gov/ or by collecting a certification fi�om the potential subcontractor.
22. MAINTENANCE OF EFFORT
Funds provided to Subcontractor under this Contract may not be substituted for funds or
resources fi�om any other source or in any way serve to reduce the funds or resources that wouid
have been available to or provided through Subcontractor had this Contract never been executed.
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23. TIME IS OF THE ESS�NCE
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 Ail 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" puisuant 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 docto�'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)
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract to be effective as of the April
4, 2012.
CITY OF FORT WORTH IntegrityTexas Construction, Ltd., a Texas limited
partnership
.,--�
�C
By:
S san Alanis
sistant City Manager
APPROVED AS TO FORM AND LEGALITY:
�flssistant City-Attorney .p,�,:u..,
�
�
A'
ST:
�
City Se
AUTHORIZATION:
M&C P-11368
DATE: April 3, 2012
By: IntegrityTexas Construction I, Inc., a Texas
for-profit corporation, its General Partner
� �
, �
�
By:
amon Hernandez � =
Dii�ector and President
*
CEAP SUBCONTRACTOR CONTRACT
IntegrityTexas Construction, Ltd.
OFFICIA6 RECORD
CITY SE�RE'�'ARX
�% �VA9�'1"H, '� !
� 20 of 30
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
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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 properiy 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 comptetely 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
IntegrityTesas Construction, Ltd. 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 centrai, 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
IntegrityTexas Construction, Ltd. 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
IntegrityTexas Construction, Ltd. 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 warrantv and/or quarantee shall beqin on the date on which the parts and/or materials
are placed in services bv the Citv, and shall continue throuqh the manufacturers standard
warrantv 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
IntegrityTexas Construction, Ltd. 25 of 30
EXHIBIT B
Amounts and Prices for Services
Comprehensive Energy Assistance Program
Heating 8 Cooling Component
MATERIALS AND INSTALUITION
Rate
�1his �ale Mau
Est. Equlpment Equipment rep�rsrni uw
Qty MFG. UnitPrieo wmn�ea�a�esa
ca� tc�r.+w�
pbrsOn necessary b
Fer�om tne ias:)
'rora� co5� ra
# 01 Houre to Complero Task
�yah � „, Extend�
COmplete a�� r a r � r.,t� �`a `' �'
.�ara�nrsri
CD.m(rk�C �i.4'.j
t.dU
Units
T8nk3 (tanbinstellaUon onry • doesn4
SUB TOT
Invitation to Bid 11-0348, Heating and Cooling Assistance Program, Addendum No. 4
Page 3 of 6
CEAP SUBCONTRACTOR CONTRACT
LitegrityTexas Construction, Ltd. 26 of 30
�
MISGtl.LANEDUS SERVICES (PART TWO )
ToWi Houriy
Rate
(UIIS fd�E Sh31i
represer,t Ne
ambined rates 'T0f31 COSt f0
oreaa, �eu�n�ai Complete Task
Est. Material �� No. of Hours to �"'�"°" rororravn, Extended iotal
necessary�o RatertdAwrsto �Es!+r.ztsia�¢t�1aa'
ITEM# DHSCRIPTION Qty Costs pedomme�ask) CompletOTask �rotistl cosn
21 Perform Healin Tune U 110 $25.00 $60.00 1 $85.00 $9,350.00
22 Perform Coolin Tune U 110 $25.00 $60.00 1 $85.00 $9,350.00
Perform Heating Tune on Propane $25.00 $60.00 1 $85.00 $425.00
23 Furnace 5
in Place Service Window Units $25.00 $60,00 1 $85.00 $7,6fi0.�
24 small 90
in Piace Seroice Window Unils c�p5.00 $60.00 1 $85.00 $5,950.00
25 lar e) 7p
Removal Service Window Units $20 � $60.00 1 $80.00 $6,400.00
26 smali 80
Removai Service Window Units
27 lar e ap $20.00 $60.00 1.5 $110.00 $8,800.00
28 Service Standin Heaters 150 $25.00 $60.00 1.5 $115.00 $17,250.00
Unblocked Evaporator,Condenser $30.Q0 $60.00 1 $90.00 �2,250.00
29 or Furnace Drains 25
30 In Piace Coil Cieanin (Horizontai) 20 $25.00 $60.00 1 $85.00 $1,700.00
Removed Coii Cleaoing $30.00 $60.00 2.5 �180.00 $900.00
31 Horizontai 5
32 in Piace Coii Cieanin down0ow 2p $25.00 $60,00 1 $85.00 $1,700.00
33 Remove Coil Cleanin downtiow 5 �0.00 $60,00 2.5 $180.00 �900.00
34 U Place Coii Cieanin U Flow 30 $25.00 $60.00 1 $85.00 $2,550.00
35 Remove Coil Cleanin u fiow 40 $25.00 $60.00 2.5 180.00 7 200.00
36 Condensing Coii Cieaning 50 $25.00 $60.00 1 $85.00 $4,250.00
SUB TOTAL �66,625.00
Invitation to Bid 11-0348, Heating and Cooling Assistance Program, Addendum No. 4
Page 4 of 6
CEAP SUBCONTRACTOR CONTRACT
IntegrityTexas Construction, Ltd. 27 of 30
Invitatio� to Bid 11•0348, Heating and Cooling Assistance Program, Addendum No. 4
Page 5 of 6
CEAP SUBCONTRACTOR CONTRACT
IntegrityTexas Construction, Ltd. 28 of 30
��
PARTS AND MATERIALS (PART THREE CONTINUED) ++
Est, nit Extende
item # Oescri Qon Qty Price Total
Direct Drive 114 Horse Blower
59 Motor �p 565.00 S650.00
60 Ci Ins ection Fees Zgp S75.00 $18,750.00
61 Eichin on ail wintlow units 200 S17.00 53,400.00
62 Dis osal fee er household 200 $50.00 $10,000.00
(Digitai Photographs - price per I I
househ0ld/can6eemailevro 250 $�p,pp
63 departmenQ
64
Time Home Assessment Fee
feeshslllncludetAeminimumhip $�5•00 $18,750.�i
�eforthefirstvisiq 250
SUBTOTAL 59t�395.00
SUBTOTALS
PART ONE 5 5229,470.00
PART TWO $ 586,625.00
PART THREE S �91,395.00
GRAND TOTAL g Sao�,aso.00
(place fhts amounf on the 8!d SaticifaGon Sheel, page 4)
t+ 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, Neating and Cooling Assistance Program, Addendum No. 4
Page 6 of 6
CEAP SUBCONTRACTOR CONTRACT
IntegrityTeaas Construction, Ltd. 29 of 30
11•0348 Heating and Cooling Assistance Program
1. The following pricing tabie iisis the more commonlv needed items and services and is not inlended to exclude other items or
services that may be required to fulfill contractual obliga6ons and meet State requiremenis.
2, All prices bid shall remain firm for each hvelve-month term of the contract.
Ust Hourly Rates thatwill be used to calculate prices under normai circumstances and normai work hours:
Houriy Rate for Helper $ 38.75
Hourty Rate for Liceosed Technician S 60.��
Hourly Rate tor Licensed Sr. Technician S 70.00
List Houriv Rates that will be used to caiculate nrice of work that extends bevond normal work hours
"Overtime" Houriy Rate for Heiper $ 52.�0
"Overfime" Houriy Rate for Licensed Technician $ 9�.��
"Ove�time" Hourly Rate ior Licensed Sr. Technician $ 100.�0
Additional Pricina
Minimum Service CalUTrip Cali (forreturn visftrequested byauthodzedpersonne!) $ 70.�0
Discount irom Vendors List Price for epuipment and oarts not lisied. 1 O %
'' Total Cost !o Compiete 7ask • This amount shall be a iurnkey price (all inciusive) pricing shall reflect trip charge, any permit
fee, additional time to pidc up equipment and materials, instaliation 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 Assislance Program, Addendum No. 4
Page 2 of 6
CEAP SUBCONTRACTOR CONTRACT
IntegrityTexas Construction, Ltd. 30 of 30
��&C Review
Page 1 of 3
CITY COUNCIL AGENDA F"RT+ �`�'Y��
COUNCIL ACTION: Approved on 4/312012
DATE:
CODE:
4/3/2012 REFERENCE
NO..
P TYPE:
**P-11368 LOG NAME:
CONSENT PUBLIC
HEARING:
13P11-0348 HOUSEHOLD
CRISIS PROGRAM CBR
f�[i7
SUBJECT: 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)
��,._�..,_ ..__��,, ����.� _
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�acket/mc review.asp?ID=16597&councildate=4/3/2012 4/16/2013
1�!I&C Review
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-Teleqram 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 City Manager's Office bv:
FROM Fund/Account/Centers
Susan Alanis (8180)
Page 2 of 3
http://apps.cfwnet.org/council�acket/mc review.asp?ID=16597&councildate=4/3/2012 4/16/2013
M&C Review
Oriqinating Department Head:
Additional Information Contact:
Lena Ellis (8517)
Jack Dale (8357)
Camillia Ryan (8321)
ATTACHMENTS
11-0348 Bid Tabulation_pdf
http: //apps. cfwnet. org/council�acket/mc_review. asp?ID=165 97&councildate=4/3/2012
Page 3 of 3
4/16/2013