HomeMy WebLinkAboutContract 44756 CiTYSMMARY
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
CONTRACT F R SERVICES BETWEEN THE CITY OF FORT WORT
AND Al11LAS STAR ENERGY, INC. D/B/A A COOLER OUSE
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 i of n.tly as "the Parties,.
WHEREAS, the City receives grant monies frown the Texas Department of dousing and Community
Affairs `'T HCA" through the Comprehensive energy Assistance Program ` CAA `" , Contract fro.
58120001 56, Catalog Of Federal Domestic,Assistance No. 93.568, as ame nded or may be amended from time to
time((Fort Worth City Secretary Contract(CSC) No.,43280,as amended));
WHEREAS,, CE 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 61 2011. the Fort Worth City Council authorized the City to execute a contract
and grant with the TDHCA for the 2012 C .� (M&C C-2 329)1
WHEREAS,, City issued Invitation to did No. 11-0348 1'1713" for solicitation of bids to carry out the
purposes of its CSC No. 4328,0 with LEAP;
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 tn, 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 tees and conditions contained therein would apply to any award for services under
the CE
I. ....'.AS, after conducting a highly competitive bidding process, the City chose to award the contract
'for services to .Atlas Star Energy, Inc. a A Cooler House and IntegrityTexas Construction,, td.,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 C A &C P-11 368))-
WHEREAS,, the TDHCA conducted an audit of the City's administration of the C A:p and found the
above-stated agreement between the parties to be insufficient and
WHEREAS, the Parties wish to ester into this Contract to clear any ambiguity as to terns and conditions
applicable to the services, to be provided for the CEAP and to cone into compliance with the CEEB 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..
LEAP SUBCONTRACTOR CONTRACT
Atlas star Energy,Inc.,d/b/a A Cooler House OFFICIAL REC01RD I of 30
CITY SECRETARY
'k . FT,, WORT111
le, INCORPORATION OF RFCITALS
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 Api,-il 4' 2,012 and terminates on April 3, 201-3 unless
to .hated 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 ftinding, 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 to 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.
I DCITIES AND RESPONSIB111TIES OFT HE CITY
3.1 Ecimbursement of CE AP Funds
3.1.1 City shall pay tip to 'I"wo,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 documentatiol 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 CE A-P 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 DfIC' s executed by the City and TDIICA.
3.13 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.
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 Re qu ire Services
CE AP 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 Subconntractor'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 (9I:0) 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.
1
4.1.2.6 The City reserves the right to accept price adjustments or cancel any indivildu�al
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 fbir age, income,
and ethnicity in the City.
4.2 Expenditures In Compliance wiffi CE AP Regulations 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 LEAP Funds to Subcontractor,
CE AP Funds will be disbursed to Subcontractor on a reimbursement basis upon Subcontractor's written
and signed request for reimbursement and subn-dssion 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 determ-i'nes, 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 a
after the City's request.
51. MONITORING
CE AP SUBCONTRACTOR CONTRACT
Atlas Star Energy,fric.,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, CE AP grant is closed in the TDHCA
oriltne 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 moffl'toring visit, the City shall provide the
Subcontractor with a written report of the inonitor'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, REPOWFING 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 111, Common Rule. State Uniform Adiydilistrative
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 Mformation 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 PublicInforniation Act.
63 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, J N DHCA, and City, or
any of their duly authorized representatives, access to and the right to examine and copy, on or off
the p�rerm'ses 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: (1) 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 uation responsibilities or any documents
that the TD CA may require of the City pursuant to CSC No. 28,0. Notwithstanding anything to the contrary,
'the Subcontractor shall provide any requested documentation to the City within ten(1 0)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
LEAP SUBCONTRACTOR CONTRACT'
Atlas Star Energy,file.,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 (1,5) 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
fi,inding under this and/or future contract(s) with Subcontractor. Subcontractor shall also allow the TDHCA the
ability to directly review, mom"to�r, 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 rendeTed with each file
containing the information set forth in Section 10.13 of CSC 43�280.
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 1h 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 I*TS
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) Set-vices provided.,
.1 1 , (5) Iterm'zed list of parts
p ided with cost; (6) Additional labor charge not included in standard installation; (7) Date services provided;
rolvi 1 1
(8) City's b,lanket 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,$61000-00.
7.2.3 CAP staff will inform the Subcontractor of the amount allowed for each client.
73 Withholding Payment. IF SUBCONTRACTOR FAI11,.jS 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 REQUIREMENTS
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, I T.A.C. §5.141 et seq. ("Uniform Grant 'Management Standards"').
8.2 Except as express,ly modified by law or the terms, of this Contract, Subcontractor shall
comply, when applicable, with the uniform cost principles for govern-ments set forth in OMB
Circular A-87, as implemented by 2 C.F.R., Part 225 and for non-profit organizations in
CEAP S U BCONTRACTO,R CONTRACT
Atlas Star Energy,Inc.,d/b/a A Cooler House 5 of 30
as implemented by 2 C.F.R. Part 230; Urn'form administriative
0-MB Circular A-1221 I
requirements for governments set forth in OMB Circular A-102, and for private non Profits
in OMB Circular A-1 1,0. 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
Horne Energy Assistance Act of' 1981, as amende 2 U.S.C. Sec. 8621 et. Seq.) (Title XXVI of the
Omnibus, Budget Reconciliation Act of 1918 t, Public,Law 97-35, as amended) ( Act")
8.4 City shall not be liable to Subcontractor for certain costs, including, but not lirm*ted 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 LIHEAPAct 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 temnination of this Contract
Cyr
(e) are not incurred dun'ng the Contract Terni.
91 DEFAULT AND TERMINATION,
9.1 fai tire to Submit Re sired Documelintation
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 deten-nireed 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
resubMI't any such reimbursement request to cure the default. If the Subcontractor fails to cure the default
within such ti_ e, 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 ui,red 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 L AP 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 i 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
LEAP SUBCONTRACTOR CONTRACT
Atlas,Sitar 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 tenninate 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 whi lie in Breach.
Subcontractor understands and agrees that no CEAPFunds will be paid to Subcontractor until all defaults
are cured to the satisfaction of C'ity.
9�.4 No C'om ensati n After Date of Termination.
In the event of termination, Subcontractor shall not receive any compensation for work undertaken after
the date of the terniination.
9.5, Rights of Cl ill Not Affected,
Termination shall not affect or terniinate 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
0
provisions of the Contract that have been expressly noted as surviving the term or t ennmnation of the Contract.
9.6 Waiver o�f Breach Not Waiver f Subseguent 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,Cri 0 minal and Adnu*nistrative Penalties.
Failure to perform all the Contract terms may result in civil, or administrative penalties,, of,
including, but not limited to, those set,out in this Contract.
9,8 1 11 ernn'nation for Cause.
City may terminate this Contract in the event of Subcontractor's default, inability, or failure to perforin,
or otherwise whenever such termination is detennined by City to be in C'ity's best interest. Likewise,
Subcontractor may to `mate this Cont ractif City does not provide the CE AP 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.
ti., SURVIVAL.
Any provision of this Contract 'that pertains to auditing, monitoring, client income eligibility, record
keeping and reports, indemnity, release, City ordinances, or applicable C'EAP requirernents, and any default and
enforcernent 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 CONTRAGl'
Atlas,Star Energy,b1 c.,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 perfon-ned 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 Respondeat Superior
The doctrine of respondeat sup 'or 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 Pr
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 Ac
Funds provided under this Contract may not be used for sectarian or inherently religious
activities such as worship, religious instruction, or pros elytization, and must be for the
benefit of persons regardless of religioLIS affiliation. Subcontractor shall comply with the regulations
promulgated by the United States Departrnent 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 Severabil"I'T"y.
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 Britten
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.
CE SUBCONTRACTOR CONTRACT
Atlas Star Energy,Inc.,dVb/a A Cooler House 8 of 30
12.8 Non-Discrimination and Egual Ogportunily.
12.8.1 A person shall not be excluded from participation in, be denied the benefits of, be
subjected to dis,cn*mi nation 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 carry 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 pe6on-ning 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.
I I it members agents,
12.8.4 Subcontractor further covenants that neither * nor its officers, 7
employees,, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements
f6r ernployees 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 Subcontrractoirls, 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, to and/or conditions of
employment for applicants for employment with, or employees of Subcontractor or any of its contractors.
SUBCONTRACTOR WARRANTS irk" WILL FULLY COMPLY WITH ADCIS 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 RY THIRD PARTIES OR CO,N"I It RACTORS AGAINST CITY ARISING
OUT' OF SUBCONr I"RACTOR'S AND/OR ITS CONTRACTORS1. AGENTS,' OR EMPLOYEES'
ALLEGED FAILURE TO COMPLY WIT11 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 Aga 0 ust 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 Co:oler House 9 of 30
being motivated by a desire for private gain for themselves or others, particularly'those with whom they
have fatnidy, 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, (iii" 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 CE AP Funds,or who are in a position to participate
in a decision-making process or gain inside infori-nation with regard to these activities may utilize C'EAP'
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 who they have family or business ties, during,their tenure or for one (1) year
thereafter.
12.1 .3 Subcontractor affirrns that it will adhere to the provisions of the Texas Penal
Code, which prohibits bribery and gifts to public servants.
0
12.11 Compliance with Laws
12.11.1 FEDERAL, STATE AND LOCAL LAW. Subcontractor shall
comply with the L1HEAP Act, the federal rules and regulations promulgated under the
LIHEAP Act, the State Act, the State CE AP 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 19914. Subcontractor shall follow the
requirements of the Pro-Children Act of 1994, (20 U.S.C. See. 6081 ct seq.) which requi,res
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.
12.1 1.4 LIMITED ENGLISH PROFICIENCY (LEP). Subcontractor must
provide prograrn 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 1.316 6 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 il' ,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 10 of 30
12.11-6 Any change, addition, or deletion to the terms of the Contract required by a
change in fcderal, state, or local law or regulation is automatically incorporated herein and is effective on
the date designated by such law or regulation.
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12.12 Ass!ggment.
Subcontractor shall not assign all or any 'part of its rights, privileges, or duties under the 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.
1 .13 t 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 CE AP funded program.
12.14 Force Mpj*eure
If Subcontractor becomes unable, either in whole or part, to full"ll its obligations under this Contract due
to acts of God, strikes, lockouts, or other, industrial disturbances, acts of public enen-iies, wars, blockades,
insurrections, riots, epidemics, earthquakes, fires, floo�ds, 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 perfon-n as soon as possible.
12.15 kolitica.l ActiviLy Prohibited
12.1 5,1 None of the funds provided under this Contract shall be used for
influencing the outcome of any electioti, 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 emp�lolyee 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 governi-nent of City, the State of Texas, or the government of the United
States.
12.16 Use of Alcoholic Bevery
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.
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12.17 L�Egal Atithort
CEAP SUBCONTRACTOR CONTRACT
Atlas Star Energy,Inc.,d/b/a A Cooler House I I 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 ftinds authorized by this
Contract, and to perform the services Subcontractor has obligated itself to perform hereunder.
The executioril 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 C'ity has terminated this Contract,
for reasons enumerated in this Section.
12.18 Ir vel
Subcontractor shall adhere to OMB Circulars (A-87 and A-122 as appropriate), and either
its board-approved travel Policy, or the State of "I"'exas, travel policies. Subcontractor's written travel
policy shall delineate the rates which Subcontractor shall use in computing the travel and per them
expenses of its board members and employees.
12.19 C2pyr!*ght
Subcontractor may copyright materials, developed in the performance of this Contract or
w*th funds expended under this Contract. City, T DH CA,,
I 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 accoLint 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
w ithout 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.
CE AP 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,,
einployees, 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.
00
12.22 No Third-Paqy Benefici aries
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 aily 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 Funding 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 ftiffill 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 (1i) 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 C tuns
Captions and headings used in this Contract are for reference purposes only and shall not be deemed a
part of thus 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,.
M 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
CE AP SUBCONTRACTOR CONTRACT
Atlas Star Energy,hw.,d/b/a A Cooler House 13 of 30
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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 inununities under
constitutional, statutory, or common law.
15�. INSURANCE
15A 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,.
0 $100,000 Each Accident,
0 $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:
0 $1,0100,000 Each Occurrence
# $2,000,0100 Annual Aggregate
15.1.31 Auto Liability Insurance shall be provided as follows-.
0; $1,01010,0100 Combined Single Limit Each Accident
15.2 Additional Insurance Information:
11,5.2.1 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.
115.2.2 Certificates of insurance shall be delivered to the Purchasing, Division of the City of Fort
Worth, 1 00 Throckmorton Street, Fort Worth, Texas 761'02, prior to a, purchase order being issued.
15.2.3 Any failure on part of the City to request required insurance documentation sh, all not
constitute a waiver of the insurance requirements specified herein.
15.,211.4 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.
1,5.2.5 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-flinded 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.
Fhe City must approve in writing any alternative coverage.
,CEAP SUBCONTRACTOR CONTRACT
Atlas Star Energy,Inc.,d/'b/a A Cooler House IS of 30
..........
15.2.8 Workers' compensation insurance polio) covering employees of the Subcontractor
shall be endorsed with a waiver of subrogiation 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 liabi,lity claim or lawsuit or
which could result in a proplerty loss.
151.2.12 Subcontractor's liability shall not be limited to the specified amounts of insurance required
herein.
151.13 Upon the request of City, Subcontractor shall provide complete codes of all insurance
policies required by these agreement documents.
16. CERTIFICATIONS OF S CONTRAC"FOR
16.1 Encoca mented 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
11undocumented worker" means an individual who, at the time of' empiloyment, is not lawfully
admitted for pen-nat'ient residence to the United States or authorized under law to be employed in
that manner in the United States. 1f, 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 adrm'nistrative enforcement action in connection with a contract awarded by
the federal govern unent 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, 20015, 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 Lobs in for Contracts,Grants,Loans, and Coo emotive Agreements
Subcontractor certifies, to the best of its knowledge and belief that:
CEO SUBCONTRACTOR CONTRACT
Atlas Star Energy,Inc.,d/b/a A Cooler House 1 6 of 30
I 6.3.1 No federal appropriated funds have been paid or will be paid, by or Oil 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 -UL, "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. INOTICE
All notices required or permitted by this Contract must be in writing and addressed to the following;
City: Subcontractor:
Sonia Singleton,Interim Assistant Director Chris Runyon
Parks,and ;our unity Services Department Atlas Star Energy, Inc.
4200 S. Freeway, Suite 2200 a A Cooler House
Fort Worth,Texas 76115 2526 National Drive
Garland,Texas 75041
With copy to
City Attomey
CE AP 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
190 E C'...,. E NT S T'ANDARDS
19.1 Subcontractor shall comply with OMB Circular A-102, 10 C.F.R. section 600.236(b-0, 10
TAC section 5.1 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. FROG RAM 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-I 10 §_.24, and OMB Circular A-1 02�
Attachment, 2e.
21, EXCLUDED DEB MUZED AND SUSPENDED PARTIES
By signing this Contract, Subcontractor certifies that neither it nor its cLuTent principle
parties or subcontractors are included in the Excluded Parties List System PLS) maintained by the
General Services Adim'nistration (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 plarticipation in federal assistance programs
under Executive order 12549. Subcontractor agrees, that prior to entering into any
agreement with a potential subcontractor that the verification proces,s, to comply with
this requirement will be accomplished by checking the Excluded Parties List System at
http-://www.epts.,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
CE AP SUBCON't-RACTOR CONTRACT
Atlas Star Energy,Inc.,d/b/a A C ler House 18,of 301
Time is of the essence with respect to Subcontractor's compliance with all covenants, agreements, terms
and conditions of this Contract.
240, 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 c6ten"a"pursuant to 10TAC 5.4230')(4). No other reason for purchase, including medical reasons,
shall be accepted. Notwithstanding the provisions wider 10 TAC 5.423(d),(4 , 10 TAC 5.423(d)(7), 10 TAC
5.4021 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,hie.,d/b/a A Cooler House 19,of 30
IN WITNESS WHEREOF, the Parties hereto have executed this Contract to e effective as of the April
412012.
CITY OF FORT WORTH Ark LAS STAR E RGY,INC.
DA A HOUSE
By: By:
S
A i -Lion,
n la in s, s,R
Assistant City Manager Director
Recommended by:
Ri ar Zavala,Director
Par s,and Community Services Department
Approved as to Form,and Legalit
Tyler
Assistant City Attorney
ATTEST:
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City Secret C) 0
AUTHORIZATION.-
MC P-1 1368
DATE.- April 3, 2012
OFFICIAL RECORD,
CE AP SUBCONTRACI'OR CONTRAO"'
Atlas Star Energy,Inc.,d/b/a A Cooler House CITY SECRETARY 0 of 30,
RTH TX
FT WO ,,TX
EXHIBIT A
SCOPE OF' SERVICES AND MINIMUM REQUIREMENTS
1.0 GENERALLY
1.1 Slubicontractoir 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 shell haver orl ing 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.
2.01 SUBCONTRACTOR RESPONSIBILITIES
2.1 Supervision —The Subcontractor shall, during,the term of the Contract,, provide competent
supervision of his empiloyees 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 gull 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 shell 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 po,int 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 SUBCON'TRAC7OR 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 effect after the start of this C i ontract. All mandates requ ring 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 systemis;
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 1,0 (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.
31.0 ASSESSIMENT 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 appilicable, "N/K is
to be reflected;
31.1.1.1 CO reading, results must be printed by the CO monitor and must accompany the
assessment.
CEAP SUBCONTRACTOR CONTRACT
Atlas Star Energy,Inc.,dib/a A Cooler House 22 of 30
3.1.2 Signature of technicians) 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
w'thin ten, (101) business days,of completing the assessment;
I I j
3.4 Unless,otherwise instructed, Subcontractor shall contact the client to schedule a time and to
complete the work order within ten (11 0) business days after receiving authorization to proceed
from CAP,:
3.5 Subcontractor shall submit the invoice: for payment electronically wit,hiin,ten (1 0) business day's of
completing the assignment,. Invoices shall be dia,teld 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 l,i'fe-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
I
existing components; and replacement of inefficient units including:,
0 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. .1 For most appiliances, 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.- wwwenergystar.,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 Pumips
must meet a HSPF of 8.2 for split systems or 8.0 for single packaged units.
0 Central Heat Systems: Gas(Including, propane)or Electric
CE AP SUBCONTRACTOR CONTRACT
Atlas Stu Energy,hic.,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)
9 Room Air Conditioners(120 volts)
Water Heaters
• Gas (including propane)*EF = .45 to .68
• 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,/Fl,olor Furnaces and Vented Space Heaters:
o Gas/Propane only *AFUE = .80
• Unvented Space Heaters must have a facto[y 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)*AF LIE = .92
*AF UE~Annual Fuel Utilization Effliciency
*EF *" Energy Factor
*S,E,ER MMMI 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. ► 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.
4.91 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, la es (gas)
41
All heating equipment
Duct work for central units
5.0 WARRANTY
LEAP SUBCONTRACTOR CONTRACT
Atlas Star Energy,Inc.,d/b/a A Cooler House 2 4 of 30
5.1 Subcontractor warrants and guarantees the parts), materials , and/or service(s) against any
defects in design, workmanship and/or materials and failures to operate satisfactorily for any
new 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 b2 gin, on the date on which the pi�fts and/or materials
are ed " I I
plac in serv"ces §y the CO.and shall conti"nue through the manufacturers standard
w Arran ty.pBrio d.
5.5 Subcontractor must provide each jobsite with all manufacturer's warranty registration on new
installed components (i.e.. central furnaces, compressors, window units, and heaters).
51.6 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., Venda y through Friday. Work may extend past a
normal eight -holur work shift, if needed to abate a crisis or life-threatening situation.
CE AP SUBCONTRACTOR CONTRACT 25 of 30
Atlas Star Energy,Inc,,d/b/a A Cooler House
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M C Review
�A Page 2 of 3,.
1) Elimination of the Heaton Cooling component. Program guidelines now prohibit replacement of
HVAC systems and only allow a maximum of'$2,500,.00 per househoild 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 El dierly/Disa bled 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 su ccessful
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 Stair-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 hid 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 -A waiver of the goal for M/WB,E subcontracting requirements was requested by the
Purchasing Division and approved by the M 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, 201,2 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 $50,0100.00 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 INFORMIATION,/CERTI�F1,CATIO,N-.
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grant Funds.,
BQN\1 1-0348\CBR
TO Fund/Acclo!unt/Centers FROM Fund/Account/Centers
Submitted for Cl"jy Manager's Office Susan Alanils (8118,0)
Op Wapps.cfwnet.org/counclil iew.as P?ID=
0 _packet/mcrev* I 6597&caunc11date==4/3/20:12 8/161/2013
Review Page 3 of 3
Oar"goingfing Department Head: Lena Ellis (8517)
Jack Dale (81357)
Additional Information Contact.
Ciam,i,l,lia Ryan, (832,1)
ATTACHMENTS
11-01348 Bid Tabulation.pdf
http-.//apps.cfwnet- /counc*l iew.cis
9 1 _packet/mc—rev* 'P'?I'D=I 6597&counc"Idate=4/3/2012 8/16/2013