HomeMy WebLinkAboutContract 62873Contract for Services
Between
CSC No. 62873
Texas Association of Community Action Agencies, Inc.
And
City of Fort Worth
Contract Number: CFW-25-2-66267
Section 1. Parties to Contract
This contract (hereinafter "Contract") is made by and between the Texas Association of Community Action
Agencies, Inc. (hereinafter the "Agency"), and City of Fort Worth (hereinafter the "Contractor"). Agency and
Contractor together hereinafter referred to as "Parties".
Section 2. Contract Period
The Contract shall commence on January 1, 2025 and, unless earlier terminated, shall end on October 31, 2025.
The contract may be extended contingent upon the availability of funds from Oncor Electric Delivery Company
LLC (ONCOR), satisfactory performance by the Contractor, and mutual agreement between the parties.
Section 3. Purpose
The Targeted Low-Income Weatherization Program (the "Program") is designed to employ weatherization
measures to cost-effectively reduce the energy consumption and energy costs of Oncor's low-income customers
using the existing service delivery systems of the federally funded Weatherization Assistance Programs (WAPs).
Appropriate weatherization measures and basic on-site energy education will be provided to eligible residential
energy consumers. Oncor's funding, administered by the Agency, for weatherization measures will enhance and
supplement the federally funded W AP for low income Oncor customers in the Oncor service territory, expanding
the number of eligible customers served and weatherization measures installed.
Section 4. Scope of Work
Contractor shall provide weatherization services similar to the federally funded W APs, unless otherwise
instructed by Agency, to eligible Oncor customers (hereinafter "Participants") residing in Tarrant County, in the
Oncor service Territory.
Section 5. Program Requirements and Responsibilities of Contractor
5 .1 Contractor shall:
5.1.1 Determine client eligibility, including:
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TACAA-Oncor Contract#: CFW-25-2-66267
✓ Customer of Oncor (dwelling meter served by Oncor);
✓ Dwelling unit has refrigerated electric air conditioning; and
✓ Household Income:
o Household income meets WAP eligibility, currently at or below 200% of the federal
poverty guidelines; or
o Household income is verified through the Easier Energy Efficiency Eligibility Tool
(available on the E4-TX.com website). The geo-targeting tool verifies the Low-
Income Weatherization (LIV� reserve program category 1 C eligibility.
5.1.2 Operate under the standards established in 10 CFR Part 440 and the latest version of the TACAA-
Oncor Program Manual.
5.1.3 Conduct a"pre-blower door test,", a"post blower door test," and the completion of all
weatherization measures, including incidental repairs, which attain a Savings to Investment Ratio
(SIR) of 1.0 or greater using a U.S. Department of Energy approved Audit (hereinafter "Audit")
and which are feasible and reasonable in light of conditions at the dwelling unit and for which
funding is available. Contractor must use Participant's actual electric rate from the electric bill.
5.1.4 Provide the Participant, or a designated representative, energy education, which may include how
to read an electric meter, understanding an electric bill, understanding the impact of energy
savings, and/or providing other general energy management information. Energy education will
be determined to have been successfully delivered when the Participant signs a document stating
the Participant has received and understands the energy education.
5.1.5 Encourage Participants to use products provided through the Program in accordance with
manufacturers' instructions.
5.1.6 Encourage Participants to follow energy efficiency suggestions provided through the on-site
energy education.
5.1.7 Complete and maintain all program reports and forms as required by WAPs both programmatic
and financial, such as landlord/tenant ownership agreement forms, and forms to ensure proper
accounting of all weatherization measures installed.
5.1.8 Report to Agency per Section 9 of the Contract.
5.1.9 Meet federal and state insurance regulations.
5.2 Program Funds may be used for incidental repairs made to a Dwelling Unit in conjunction with
allowed Weatherization Measures. Agency will only reimburse Contractor for expenditures
required to achieve electrical energy savings. All Weatherization Measures, including incidental
repairs, installed in the home regardless of the source of funding must produce a SIR of 1.0 or
greater. Only the following measures are allowable and in accordance with the most recent version
of the TACAA-Oncor Program Manual:
✓ Central Heat Pumps with a minimum with a minimum SEER2 of 14.3, EER of 11.7,
minimum HSPF of 7.5, and must replace an Electric Resistance Heat HV AC system.
✓ Ceilin�, Wall, and Floor Insulation (Units with window air conditioning and/or space
heating are not eligible. Units with gas heat are not eligible for floor insulation).
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TACAA-0ncor Contract #: CFW-25-2-66267
✓ Air Infiltration (Must adhere to program manual requirements with regard to minimum
final ventilation ratel Infiltration reduction only eligible if 30% of less; heating are eligible,
but discourage due to low deemed savings). Units with window air conditioning and/or
space heating are eligible, but discouraged due to low deemed savings.)
✓ Ener�v Star Refri�erator
✓ Water Heater Pipe Insulation, Water Heater Jacket(s), Showerheads, and Aerators
(electric water heaters only,).
✓ Ener�v Star Window (may be installed only in homes with central electric air
conditioning and central heating systems.
Section 6. Program Requirements and Responsibilities of Agency
6.1 Agency shall provide Contractor up to $1,180,000.00 to provide cost effective weatherization measures
to Oncor's eligible customers, contingent upon availability of funds from Oncor. If sufficient funds are
not available, the Agency shall notify Contractor in writing within a reasonable time after such fact is
determined. Agency shall then terminate the contract.
6.2 Agency shall:
6.2.1 Conduct quality control inspections;
6.2.2 Conduct financial and programmatic monitoring, and,
6.2.3 Report to Oncor deemed energy savings for Program, calculated from dwelling unit information
reported by Contractor, as specified in Section 9 of this Contract.
Section 7. Quality Control
7.1 Inspections may be done by the Agency and/Oncor at any time, but for Agency to withhold or reduce
payments for completed weatherization measures at a dwelling unit, the inspection must be completed
within 60 days from the date Agency receives a complete monthly report with all supporting
documentation for the dwelling unit.
7.2 If quality control checks reveal undelivered services (i.e. services for which the Participant is eligible that
are feasible and reasonable in light of conditions at the dwelling unit and that meet SIR requirements and
for which funding is available), Contractor shall return and provide such services.
7.3 If it is determined in the quality control inspections conducted by Agency or Oncor that an authorized
measure installed at a reported dwelling unit is incapable of performing its intended function and/or it will
not provide for the length of time prescribed to the savings, then the requested payment for that measure
(including the associated administrative fee) will be subtracted from the current or future payments.
Contractor will have 60 days from the date it is notified by Agency or Oncor of the deficiency to bring the
deficient measure(s) into compliance and resubmit the measure(s) associated with the dwelling unit for
consideration.
7.4 If Contractor fails to bring the deficient measure(s) into compliance within the 60 day period and the SIR
of the dwelling unit falls below 1.0, then the remaining payment for the dwelling unit (including the
associated administrative fee) will be subtracted from a current or future payment by that amount.
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TACAA-0ncor Contract #: CFW-25-2-66267
Section 8 Compensation
8.1 Agency will only reimburse Contractor for expenditures required to achieve electrical energy savings.
Contractor will not be reimbursed for measures that do not result in electrical energy savings.
8.2 Each month, Contractor will report funds expended and projected. Contractor's requests for advances
shall be limited to the minimum amount needed to perform the contracted services for a 30-day period
and will be paid upon Agency's receipt of Contractor's report showing the performance. Agency reserves
the right to use a cost reimbursement method of payment for all funds if (1) Agency determines Contractor
has maintained excess cash balances; (2) Agency identifies any deficiency in the Contractor's cash
controls or financial management; (3) Agency determines that a cost reimbursement would benefit the
program; (4) Agency's funding sources require the use of a cost reimbursement method; or (5) Contractor
fails to comply with any of the reporting requirements.
8.3 Contractor will be entitled to compensation to materials, labor and program support used by the federally
funded WAP Service Provider to install weatherization measures for up to $7,350 per weatherized
Dwelling Unit. Agency may reimburse Contractor for program support costs and up to 9% of the invoice
amount for administration. Any reimbursement paid to Contractor for programmatic and administrative
needs, even after the expiration of this Contract. The amount paid per Dwelling Unit cap or the calculation
of the Whole House SIR. Contactor's program support costs shall be included in calculating the Whole
House SIR. Contractor's program support costs shall be included in the calculation of the $7,350 per
Dwelling Unit cap, but shall not be included in calculating the Whole House SIR. At the end of the
Contract period, program support costs may not exceed 13% of the total material and labor expenditures.
8.4 If it is determined that a reported dwelling unit is ineligible for participation and there are no options
available to make it eligible, then that dwelling unit will be excluded from payment.
8.5 All funds must be encumbered (work completed and invoiced) during the Contract period in accordance
with this Contract. Any unexpended balance at the end of the contract period is forfeited unless the contract
period is extended by amendment.
Section 9. Reporting
9.1 Beginning February 15, 2025, and through the end of the Contract, Contractor will ensure monthly reports
are received by the Agency by the fifteenth (15th) day of each subsequent month. Agency will provide
reporting form to Contractor. If no work has been performed, an email stating such will suffice. Otherwise,
report will include:
9.1.1 A copy of the Audit and Building Weatherization Report for each weatherized dwelling unit;
9.1.2 A report form provided by Agency that includes demographic information, measures installed, and
total amounts expended and encumbered by measure, category (materials, labor, and
administrative costs) and weatherized unit;
9.1.4 A signed invoice with total amounts expended for materials, labor, program support, and
administrative costs, projected expenses, and any advance requested; and
9.1.5 Additional documentation requested as necessary (see Progl^am Manual and report form for
further details).
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TACAA-0ncor Contract #: CFW-25-2-66267
9.2 Contractor will report to Agency a more detailed `pipeline' report as indicated showing the forecast of
expenditures and projects. Reports will be due to Agency on March 31, 2025, July 24, 2025, and
September 29, 2025 (if there are any units not yet reported).
9.3 By July 24, 2025, Contractor will report to Agency outstanding work, obligated but not reported, with
estimated expenses by category (materials, labor, and administrative costs) by unit to be weatherized.
Agency will provide reporting form to Contractor. By July 24, 2025, any funds not obligated may be made
available for use in another ONCOR program.
9.4 Contractor agrees that it will keep accurate records of its expenditure of funds, program performance
documentation, and Participant files under this Contract. Files must include a signed Participant release
in which allows release of Participant information to Agency and Oncor. (Language in an existing form
to this effect will suffice.)
9.5 All records required for a program audit and inspection shall be made available at the offices of the
Contractor, at all reasonable times, for inspection, audit, or reproduction, until four (4) years following
the last calendar day of the project year.
9.6 Failure to fulfill reporting requirements may result in withholding of payments.
9.7 Reports must be delivered by email to: markC�tacaa.or�
Section 10. Termination of Contract
101 Either party upon thirty (30) days written notice may terminate the Contract. Upon receiving notice of
termination, Contractor will place no further orders, or enter into further subcontracts for services,
materials, or equipment related to the work where possible. In addition, Contractor will delay or terminate
all existing orders and subcontracts insofar as those and subcontracts relate to the performance of the work
terminated. However, to the extent possible, Agency will allow continued delivery of eligible services to
those customers promised services priar to receipt of notice of termination. In the event of termination,
Contractor will identify any such customers and notify Agency to negotiate delivery of services to them.
10.2 Agency may terminate the Contract without notice if the Contractor's Community Services Block Grant,
Comprehensive Energy Assistance Program and/or Weatherization Assistance Program funds are
suspended by the authorizing state agency.
Section 11. Recapture of Funds
11.1 As a benchmark for measuring performance goals, as of April 30, 2025, if the amount spent or encumbered
is less than 30 percent of the Contract total, Agency may, after review with Contractor, reduce the funding
of the remaining allocation by up to 30 percent of the total budget.
11.2 As a secondary benchmark for measuring performance goals, as of June 30, 2025, if the amount of
performance reported to Agency is less than 65 percent of the Contract total, Agency may, after review
with Contractor, reduce the funding of the remaining allocation by the amount not spent.
Section 12. Miscellaneous Provisions
121 Independent Contractor. Contractor is not an employee of the Agency, Contractor is an independent
contractor. Contractor agrees to comply with all applicable state, federal and local laws.
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TACAA-0ncor Contract #: CFW-25-2-66267
12.2 Contract Renewal and Modification. Should Questions or disputes develop with respect to matters
related to Contract terms, or with respect to contractor activities, be possible the Parties stipulate to the
selection of a resolution committee to assist in resolving any issues that cannot be readily resolved through
informal means.
12.3 Severability. In the event any provision of the contract is held to be void, unlawful, or otherwise
unenforceable, that provision will be severed from the remainder of the Contract. The Contract, as so
modified, will continue to be in full force and effect.
12.4 Insurance. Contractor is a governmental entity under the laws of the state of Texas and pursuant to
Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-
insured and therefore is not required to purchase insurance. City will provide a letter of self-insured status
as requested by Agency.
12.5 Publicity. Information relating to this Contract may be released for publication and/or advertising only
with the prior written approval of Agency. Contractor is expressly prohibited from using Oncor's name in
any publication, advertising, or promotion without Agency's written approval.
12.6 Binding on Successors. This Contract will inure to the benefit of and be binding upon the undersigned
Parties and entities, and their respective legal representatives, successors and assigns.
12.7 Texas Government Code Ch. 2270 Verifcation. Agency's signature on this Contract serves as written
verification that Agency does not boycott Israel during the term of the Contract.
Section 13. Entire Contract
This Contract constitutes the entire understanding of the Parties. Any changes in the terms of this Contract shall
be made by an amendment in writing and signed by both parties to this contract.
Section 14. Execution
This Contract is effective when signed by Agency Executive Director.
Amanda Shelton, TACAA Executive Director
Texas Association of Community Action Agencies, Inc.
01 /15/2025
Date
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TACAA-0ncor Contract #: CFW-25-2-66267
[Executed effective as of]/ [ACCEPTED AND AGREED:]
City:
By:
Name:
Title:
Date:
Dana Burghdoff
Assistant City Manager
Approval Recommended:
By:
Name: Kacey Bess
Title: Director Neighborhood Services
Date: 02/26/2025
Approved as to form and Legality:
By:
Name: Jessika Williams
Title: Assistant City Attorney
Date:
Contract Authorization:
M&C: 25-0163
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: J yn (Feb 26, 2025 08:59 CST)
Name: John Cain
Title: Manager, Neighborhood Services
Date: 02/26/2025
City Secretary:
By:
Name: Jannette S. Goodall
Title: City Secretary
Date: 02/27/2025
2/25/25, 1:48 PM
CITY COUNCIL AGENDA
Create New From This M�C
DATE: 2/25/2025
CODE: C
REFERENCE NO
TYPE:
M&C Review
FORT'�'�'ORTH
-��-
**M&C 25-0163 LOG NAME: 19NS TACAA
2025
CONSENT PUBLIC HEARING: NO
SUBJECT: (ALL) Authorize Acceptance of Low-Income Weatherization Assistance Program Funds in
an Amount Up to $1,180,000.00 from the Texas Association of Community Action
Agencies, Waive Indirect Costs of $29,029.00, Authorize Execution of Related Contracts,
and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of targeted Low-Income Weatherization Program Grant Funds in an
amount up to $1,180,000.00 from the Texas Association of Community Action Agencies;
2. Authorize the execution of related contracts, including any renewals, amendments and
extensions, with the Texas Association of Community Action Agencies for the grant funds;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Other Fund, subject to receipt of the grant, in the amount of
$1,180,000.00, for the purpose of assisting with weatherization and energy efficiency efforts
in the homes of low-income individuals; and
4. Waive indirect costs of $29,029.00.
DISCUSSION:
The purpose of this Mayor and Council Communication is to approve acceptance of grant funds that
will be used to assist with weatherization and energy efficiency efforts in the homes of low-income
individuals in the City of Fort Worth (City) and Tarrant County. A contract for services between the City
and the Texas Association of Community Action Agencies (TACAA) will be executed upon receipt of
the contract from TACAA which was received in January 2025.
The Weatherization Assistance Program (WAP) has been operated by the City since 1982. The bulk of
the funding for the program comes from the Texas Department of Housing and Community Affairs
(TDHCA), which administers grant funds from the United States Department of Energy and the United
States Department of Health and Human Services. Additional funds are supplied by TACAA, which
administers monies allocated by Oncor Electric Delivery (Oncor) to provide a Low-Income
Weatherization Program that complements the federally funded WAP and provides assistance to
Oncor's low-income customers for energy efficiency measures.
The primary objective of TACAA's weatherization program is to efficiently reduce energy use in the
homes of eligible families with cost-effective measures. In order for a household to qualify, in addition
to other necessary qualifications, household income must be at or less than 200 percent of the federal
poverty level and the household must be an Oncor customer. Eligible services may include attic
insulation, weather stripping, caulking, window and door repairs and/or replacement, installation of
compact fluorescent lighting and installation of water saver devices and Energy-Star-Rated air
conditioners and refrigerators. Final determination of services is made through the performance of an
energy audit and in accordance with an approved priority list.
TACAA's program will be administered within existing WAP standards and guidelines and through
various contracts with subcontractors. All subcontractors performing eligible services for the City will
not be paid until work is inspected and approved by Neighborhood Services department staff. The
goal, using all WAP funding, including those provided by TACAA and TDHCA (which consists of funds
from the Low-Income Housing EnergyAssistance Program, Department of Energy and Department of
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2/25/25, 1:48 PM
M&C Review
Energy Bipartisan Infrastructure Law funding programs), is to weatherize at least 200 homes in the
2025 grant cycle. For the previous program period ended October 31,2024, City was awarded
$1,098,028.36 from TACAAwhich contributed to the completion of weatherization of 143 of the 200
goal units completed with all WAP sources for the 2024 grant period.
The TACAA grant provides funding for two full-time positions within the Neighborhood Services
department. The addition of indirect costs would result in the reduction of staff and services. The
estimated indirect costs that are being asked to be waived are $29,029.00, calculated by taking
salaries designated for this grant of approximately $137,905.00 multiplied by the Neighborhood
Services departments' indirect cost rate of 21.05\% defined in the City's most recent CostAllocation
Plan.
Positions funded with TACAA grant funds are subject to grant availability. In the event of a grant award
being decreased or eliminated, the Neighborhood Services department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the
available funding. This consideration could result in staff and/or program reductions or eliminations.
The program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Other Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to expenditures being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
Fund I Department I Account I Project
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity I Budget Reference # I Amount
Year (Chartfield 2)
Program Activity Budget Reference # Amount I
� _ Year (Chart�eld 2) �
Jesica McEachern (5804)
Kacey Bess (8187)
James Armstrong (7380)
ORD.APP 19NS TACAA 2025 21003 A025(R3).DOCX (Public)
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