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HomeMy WebLinkAboutResolution 2013-006 RESOLUTION NO. 2013 -006 RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING THE EXECUTION OF A TARGETED LOW- INCOME WEATHERIZATION PROGRAM AGREEMENT WITH FRONTIER ASSOCIATES, LLC TO ADMINISTER A TARGETED LOW INCOME PROGRAM IN THE AMOUNT OF $100,000 AND AUTHORIZING IMPLEMENTATION OF THE TARGETED LOW - INCOME WEATHERIZATION PROGRAM. WHEREAS, Atmos Energy Corporation, has developed a Targeted Low - Income Weatherization Program for its low- income customers; and WHEREAS, Frontier Associates, LLC (Frontier) has been engaged by Atmos to assist with delivery of energy efficiency services under the program to certain income qualified Atmos customers; and WHEREAS, The City has developed a plan for participation in the Program through a set of proposed energy efficiency measures that will produce consistent and predictable energy and peak demand savings for low- income North Richland Hills residents; and WHEREAS, Frontier has received and accepted the City's application to participate as a Service Provider in the Program; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The City Manager or his designee is hereby authorized to execute an agreement for the Low - Income Weatherization Program Agreement with Frontier Associates, LLC for $100,000. SECTION 2. Further, the City Manager or his designee is hereby authorized to execute all necessary documents, certifications and grant agreements and to take all necessary and appropriate action to implement the Low - Income Weatherization Program for eligible single family households in North Richland Hills. SECTION 3. A substantial copy of the Agreement is attached hereto and incorporated herein for all purposes. Resolution No. 2013 -006 Page 1 of 8 PASSED AND APPROVED this the 28th day of January, 2013. CITY OF NORTH MCHLAND HILLS 4 By. } Oscar Trevino, Mayor 4 tEST�- PatiiGta — Hritk .,pity Secretary AP AS FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: nn Stout, Director of Neighborhood Services Resolution No. 2013 -006 Page 2 of 8 LOW- INCOME WEATHERIZATION PROGRAM AGREEMENT This Targeted Low - Income Weatherization Program ( "Agreement ") is made and entered into by and between Frontier Associates LLC, a Texas limited liability company (hereinafter "Frontier ") and the City of North Richland Hills, a Texas municipal corporation (hereinafter "City "). City and Frontier are sometimes referred to in this Agreement individually as a "Party" and collectively as the "Parties." WHEREAS, Atmos Energy Corporation, a Texas and Virginia corporation, a (hereinafter "Atmos ") has developed a Weatherization Program for its Low - Income Customers ( "Program "); and WHEREAS, Frontier has been engaged by Atmos to assist with delivery of energy efficiency services under the Program to certain income - qualified Atmos customers ( "Customers "); and WHEREAS, the City seeks to procure energy and peak demand savings through the installation and operation of energy efficiency measures (the "Work ") at Low - Income Customer Sites; and WHEREAS, City has developed a plan for participation in the Program through a set of proposed energy efficiency measures that will produce consistent and predictable energy and peak demand savings for Low - Income Customer Sites with customers who are at 200% and below of the federal poverty level ( "Customer Sites "); and WHEREAS, Frontier has received and accepted City's application to participate as a Service Provider in the Program; and NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. SCOPE OF SERVICES 1.1. City is uniquely qualified to participate as a Service Provider in the Program. 1.2. City will provide services to Frontier as described in the attached Appendix A, Scope of Work, incorporated herein for all purposes. 2. FUNDING 2.1. Frontier shall provide funds in the amount of One Hundred Thousand and 00/100 Dollars ($100,000.00) for all services performed by City pursuant to this Agreement ( "Allocated Funds ") subject to the City's ability to expend the Allocated Funds in a timely manner, as set out in paragraph 2.2. Resolution No. 2013 -006 Page 3 of 8 2.2. During the term of this Agreement, City shall adhere to the required implementation milestone schedule. Failure to meet any of the following implementation milestones may result in a proportional reduction of the Allocated Funds. Progress towards achieving milestones shall be measured by the total dollar value (include administrative cost allowance) of the energy efficiency measure installations completed and reported by City via Frontier's Program Database. 2.2.1. 100% of the Allocated Funds for 2013 must be spent by the City on eligible energy efficiency measures which have been installed and reported via the Program Database on or before May 31, 2013. 3. REPORTING 3.1. City will submit all Customer and measure data via the Program Database. Frontier will provide training to City staff prior to Program implementation. 3.2. City will be required to provide a completed and signed Customer Acknowledgement Form for each Customer. 3.3. Invoices and Customer Acknowledgement Forms will be submitted via the Program Database. 4. RECORDS AND AUDIT 4.1. City's books, records, correspondence, accounting procedures and practices and any other supporting evidence relating to this Agreement (all of the foregoing hereinafter referred to as "Records ") shall be open to inspection and subject to audit and /or reproduction, during normal working hours, by Frontier or its authorized representative to the extent necessary to adequately permit evaluation and verification of Customer eligibility, or of any invoices, payments or claims based on City's actual costs incurred, or units expended, directly in the performance of the Work under this Agreement. For the purpose of evaluating or verifying such actual or claimed costs or units expended, Frontier or its authorized representative shall have access to said Records from the effective date of this Agreement, for the duration of the Work and until three (3) years after the date of final payment by Frontier to City pursuant to this Agreement. 5. TERM AND TERMINATION 5.1. The term of this Agreement shall commence on January 1, 2013 and, unless otherwise terminated as set forth herein, shall continue in force and effect until May 31, 2013, or until the Allocated Funds are exhausted provided however, that the provisions in this Agreement related to warranties, audits and records, will survive termination. 5.2. Either Party may terminate this Agreement, in whole or in part, at any time by providing written notice of termination to the other Party. The notice of termination will specify the effective date of any termination, and that the Agreement is terminated in its entirety. Upon such termination, City shall cease providing services under this Resolution No. 2013 -006 Page 4 of 8 Agreement, except that City will finish any Customer Sites already commenced which cannot be discontinued. Within thirty (30) days of termination, City shall refund to Frontier all Allocated Funds that have not been applied to pay for services performed under this Agreement. 5.3. Frontier will have no obligations with respect to any contractual obligations entered into between Customer and City after City's receipt of Frontier's notice of termination. 6. DEFAULT AND REMEDIES 6.1. Each of the following events will be deemed to be an Event of Default hereunder: (a) failure of City to maintain any necessary permits, licenses or insurance required pursuant to the Agreement Documents; (b) City's submission to Frontier of any false, misleading or inaccurate information or documentation with respect to application for or implementation of the Program or City's performance hereunder; (c) Modifications to any electronic or hard copy forms or documentation of Frontier forms without the written consent of Frontier; (d) failure of either Party in a material fashion to perform or observe any of the material terms, conditions or provisions of the Agreement Documents which failure materially adversely affects the other Party. 6.2. If an Event of Default occurs, the non - defaulting Party shall be entitled to terminate this Agreement upon written notice to the other Party. Termination shall be effective upon the receipt of properly served notice. Termination of this Agreement will not relieve the defaulting Party of any obligations accruing prior to the event of termination. 7. FORCE MAJEURE 7.1. Neither Party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this Section, Force Majeure is defined as: acts of war and acts of god such as earthquakes, floods and other natural disasters, or actions of others, including but not limited to strikes, lockouts or other industrial disturbance, not within the control or arising from the fault of the Party claiming Force Majeure. 8. INSURANCE 8.1. The City represents to Frontier the following: (a) The City is self- insured for comprehensive liability. The City's plan provides coverage in the amount of $1,000,000 for all damages sustained by one or more persons or organizations as a result of any one Occurrence or Wrongful Act. The aggregate payments for all damages sustained as the result of any Occurrences or Wrongful Acts, regardless of the number of Occurrences or Wrongful Acts within one annual period, shall not exceed $3,000,000, Resolution No. 2013 -006 Page 5 of 8 (b) The City provides workers' compensation, including employer's liability, as required by State law. (c) The City is a governmental entity with limited liability due to its governmental immunity. Nothing in this agreement, including the provision requiring insurance, shall constitute consent to be sued or to waive the city's immunity nor to create any liability. Service Agreement 5 9. NOTICES 9.1. All notices from one Party to the other will be deemed to have been delivered on the date actually delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, or sent or delivered by such other method as will ensure evidence of its receipt to the following addresses: Frontier Associates: City: Frontier Associates, LLC City of North Richland Hills 1515 S. Capital of Texas Highway, Neighborhood Services Suite 110 Austin TX 77486 6801 Glenview Dr. Phone (512) 372 -8778 North Richland Hills, TX 76180 Attn: Bill Brooks- CEO Attn: Debbie York 9.2. Either Party may change its address by written notice to the other in accordance with this Article 9. However, it is the sole responsibility of the City to maintain its correct mailing address, email address and telephone number in the Program Database. 10. MISCELLANEOUS 10.1. This Agreement, along with Appendix A, Scope of Work, embodies the entire agreement of the Parties superseding all other agreements of the Parties concerning the Work. 10.2. This Agreement may not be assigned or transferred without the prior written approval of Frontier. 10.3. City may subcontract the Work or other services described in this Agreement. The City shall be, to the extent allowable by law, be responsible for all acts and omissions of its employees, officers and agents, and shall be specifically responsible for sufficient inspections to assure compliance in every respect with Agreement requirements. Frontier shall not be responsible for the payment of any sums to any of the City's subcontractors or subcontractor's suppliers. City shall require all subcontractors to provide worker's compensation insurance and other insurance coverages and limits as set forth in Article 8. Resolution No. 2013 -006 Page 6 of 8 10.4. This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Texas. The Parties agree that the proper venue and jurisdiction for any cause of action relating to the Agreement will be North Richland Hills City, Texas, unless such cause of action is within the jurisdiction of the Texas Railroad Commission, in which case proper venue and jurisdiction will be at the TRC. 10.5. This Agreement is expressly made subject to City's sovereign immunity, Title 5 of the Texas Civil Remedies Code and all applicable State and federal law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the parties or the City has by operation of law. Nothing in this Agreement is intended to benefit any third -party beneficiary. 10.6. The Parties represent that each has the full right, power and authority to enter and perform this Agreement in accordance with all of the terms and conditions, and that the execution and delivery of this Agreement has been made by authorized representatives of the Parties to validly and legally bind the Parties to all terms, performances and provisions set forth in this Agreement. Resolution No. 2013 -006 Page 7 of 8 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. SIGNED this day of, 2013 CITY OF NORTH RICHLAND HILLS By: Mark Hindman, City Manager ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney Date: FRONTIER ASSOCIATES, LLC By: Bill Brooks, CEO Date: Resolution No. 2013 -006 Page 8 of 8