Loading...
HomeMy WebLinkAbout064651 - General - Contract - Texas Association of Community Action Agencies, Inc.CSC No. 64651 Contract for Services Between Texas Association of Community Action Agencies, Inc. And City of Fort Worth Contract Number: CFW-26-2-66267 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 Neighborhood Services Department (hereinafter the "Contractor"). Agency and Contractor together hereinafter referred to as "Parties". Section 2. Contract Period The Contract shall commence on January 1, 2026, and, unless earlier terminated, shall end on October 31, 2026. 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 WAP 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 WAPs, unless otherwise instructed by Agency, to eligible Oncor customers (hereinafter "Participants") residing in Tarrant County, in the Oncor service Territory. 1 TACAA-Oncor Contract #: CFW-26-2-66267 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Section 5. Program Requirements and Responsibilities of Contractor 5.1 Contractor shall: 5.1.1 Determine client eligibility, including: ✓ 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 (LI� 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. 2 TACAA-Oncor Contract #: CFW-26-2-66267 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 Pumns with a minimum with a minimum SEER2 of 14.3 or greater, EER2 of 12 or greater, HSPF2 of 7.5 or higher, 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 floar insulation). ✓ Air Infiltration (Must adhere to program manual requirements with regard to minimum final ventilation rate. Infiltration reduction is only eligible if 30% less; heating is eligible, but discouraged due to low deemed savings). Units with window air conditioning and/or space heating are eligible but discouraged due to low deemed savings.) ✓ Energv Star Refri�erator ✓ Water Heater Pine Insulation, Water Heater Jacket(s), Showerheads, and Aerators (electric water heaters onlv). ✓ Energv 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. 3 TACAA-Oncor Contract #: CFW-26-2-66267 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 autharized 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. 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 fmancial 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 allowable administrative expenses shall be 4 TACAA-Oncor Contract #: CFW-26-2-66267 unrestricted and may be used by the 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, 2026, and through the end of the Contract, Contractor will ensure monthly reports are received by the Agency by the fifteenth (15t") 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 Program Manual and report form for further details). 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, 2026, July 24, 2026, and September 29, 2026 (if there are any units not yet reported). 9.3 By July 24, 2026, 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, 2026, any funds not obligated may be made available for use in another ONCOR program. 5 TACAA-Oncor Contract #: CFW-26-2-66267 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: mark@tacaa.or� Section 10. Termination of Contract 10.1 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 prior 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 Apri130, 2026, 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. 1 L2 As a secondary benchmark for measuring performance goals, as of June 30, 2026, 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 12.1 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. 6 TACAA-Oncor Contract #: CFW-26-2-66267 12.2 Contract Renewal and Modiiication. 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. Should judicial resolution of a disputed matter become necessary, the Parties agree that the forum shall be the courts of Travis County, Texas. 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. The Contractor is a self-funded entity subject to statutory tort laws and, as such, does not maintain a commercial general liability insurance policy or an automobile liability insurance policy. Any damages for which the Contractor is ultimately found liable shall be paid directly and primarily by the Contractor, rather than by a commercial insurance carrier. Contractor-owned property is insured under the City of Fort Worth's Fire and Extended Coverage Program through a commercial insurance policy. Statutory workers' compensation coverage is self-funded up to a retention limit of $2,000,000 per incident for general employees, above which a commercial workers' compensation policy applies with no upper cap. Employer's liability coverage is maintained at a policy limit of $1,000,000. 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 Verification. 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. 7 TACAA-Oncor Contract #: CFW-26-2-66267 Section 14. Execution This Contract is effective upon the Agency Executive Director's signature. r /' � 'r Amanda Shelton, TACAA Executive Director Texas Association of Community Action Agencies, Inc. �ana �r��qG��lo�' Dana Burghdoff (Jan 2J,'202610:4�:�8 CST) Dana Burghdoff, Assistant City Manager City of Fort Worth �LC� ��u� M�"� Kacey Thomas (Jan 28, 2026 09:30:25 CST) Kacey Thomas, Director, Neighborhood Services City of Fort Worth Contract Compliance Manager: Date By signing, I acknowledge that I am the person responsible for monitoring and administration of this contract, including ensuring all performance and reporting requirements. � Anderson Stoute (Jan 27, 2026 18:00:18 CST) Anderson Stoute, Assistant Director, Neighborhood Services Clty of Fo1't WoPtil pF FqRT�aa P o,o a'F 8 �AdO o�o o=°o q J��Q�s i �,,,n�� °a� ��°� d �\��A. 1J �-R� dpIl oE6pso44 � Jannette Goodall, City Seeretary City of Fort Worth CONTRACT AUTHORIZATION: M&C: 26-0025 So�Gcr"e MatGcew,t Sophie Mathews Assistant City Attorney City of Fort Worth �FFICIAL RECORQ CITY SECRETARY FT. WORTH, TX 8 TACAA-Oncor Contract #: CFW-26-2-66267 1/14/26, 8:19AM CITY COUNCIL AGENDA Create New From This M&C M&C Review DATE: 1/13/2026 REFERENCE NO.: **M&C 26-0025 LOG NAME: 19TACAA2026 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Acceptance of Low-Income Weatherization Assistance Program Funds in an Amount Up to $1,250,000.00 from the Texas Association of Community Action Agencies, Waive Indirect Costs of $25,670.69, 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 $1,250,000.00 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 $1,250,000.00, for the purpose of assisting with weatherization and energy efficiency efforts in the homes of low-income individuals; and 4. Waive indirect costs of $25,670.69. 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 is expected to be received in January 2026. 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 pertormance 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 Energy Assistance Program, Department of Energy and Department of Energy Bipartisan Infrastructure Law funding programs), is to weatherize at least 215 homes in the 2026 grant cycle. For the previous program period ended October 31,2025, City was awarded $1,180,000.00 from TACAA which contributed to the completion of weatherization of 205 units with all WAP sources for the 2025 grant period. This exceeded the goal of 200 units to be completed during the 2025 grant period. The TACAA grant provides funding for 1.7 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 $25,670.69, calculated by taking salaries designated for this grant of approximately $121,951.00 multiplied by the Neighborhood Services Department's indirect cost rate of 21.05\% defined in the City's most recent Cost Allocation Plan. FORT�'�'ORTH _�v apps. cfwnet.org/council_packet/mc_review.asp?I D=34068&councildate=1 /13/2026 1 /2 1/14/26, 8:19AM M&C Review 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. TO Fund Department ' Account Project I Program Activity Budget Reference #' Amount � ID ID Year (Chartfield 2) FROM Fund Department Account I Project I Program I Activity Budget Reference # Amount ID , ID Year �(Chartfield 2) I Submitted for Citv Manaaer's Office bv: Dana Burghdoff (8018) Originating Department Head: Additional Information Contact: Kacey Thomas (8187) James Armstrong (7380) ATTACHMENTS ORD.APP 19TACAA2026 GRANT A026(R3`�.docx (Public) apps. cfwnet.org/council_packet/mc_review.asp?I D=34068&councildate=1 /13/2026 2/2 FORT �ORTH� City Secretary's Office Contract Routing & Transmittal Slip COnti'aCtOr'S Name: Texas Association of Community Action Agencies, Inc.(TACAA) SUbJeCt Of tlle 1�gT'eerilerit: Contract between TACAA & City Neighborhood Services Division to provide up to $1,250,000 over the grant year to allow for 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 M&C Approved by the Council? * Yes 8 No ❑ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 8 If �unsure, see back page for pernianent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: January 1, 2026 ExplratlOn Date: December 31, 2026 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.