HomeMy WebLinkAbout820556.tiff mEMORAnDUm
Wi`P To John Martin, Chairman _ Date January 12, 1982
Board of County Commissioners
COLORADO From Walter J. Speckman, Executive Director, Human Resources \ ` v L
Subject Weatherization Contract Amendment
Enclosed for Board approval is the 2nd Contract Amendment to the Weatheriza-
tion Contract for 1981 .
The Amendment decreases the 1981 allocation to a new level of $109,940.00
and extends the termination date of the contract to March 31 , 1982.
If you have any questions, please feel free to contact me.
1 , 820556
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WEATHERIZATION ASSISTANCE FOR LOW- INCOME PERSONS 32 00 00
CONTRACT FOR DOE GRANT NO. DE-FG48-79-R800313 CONTRACT ROUTING NUMBER
AND DE-FG48-79-R800338
(Fiscal Year 1981 Appropriations)
2nd AMENDMENT
CONTRACT
AMENDMENT
THIS/CONTRACT, made this 31st day of December 19 81, by and between the
State of Colorado for the use and benefit of the Department of '' Local Affairs , Division of Housing,
hereinafter referred to as the State or Grantee and Weld County Division of Human Resources ,
hereinafter referred to as the contractor or Delegate Agency,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1 001
G/L Account Number 55537 . Contract 'Encumbrance Number C850930 ; and
s 55547
WHEREAS, required approval. clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS. 'athe Department of Energy , hereinafter referred to as "DOE," is
the recipient of funds under the National Energy Conservation Policy Act
(PL 95-619, 92 Stat. 3206 et. seq. ) for the Weatherization Assistance for Low-
Income Persons Program, hereinafter referred to as the "Weatherization" Program;
and
•
WHEREAS, the Department of Health and Human Services, hereinafter referred
• to as "HHS," is the recipient of funds under the Low-Income Home Energy Assistance
Act of 1981 (PL 97-35) hereafter referred to as the Low- Income Energy Assistance
Program (LEAP) ; and
WHEREAS, the National Energy Conservation Policy Act and the Low-Income Home
Energy Assistance Act address the same needs of low-income individuals and families,
including the elderly and handicapped, by participation in energy conservation pro-
grams designed to lessen the impact of the high cost of energy to such individuals
and families and to reduce individual and family energy consumption; and
WHEREAS, additional HHS funds are available and are combined with existing
DOE funds to provide continuing or additional tweatherizationservices to low-income
individuals and families in a cost-effective manner; and
WHEREAS, for accounting purposes allocations for categories for HHS Weatheriza-
tion Materials and Labor Costs have been made; and
WHEREAS, under the date of February 1 , 1981 , the State and Delegate Agency
entered into a contract to implement the goals of the "Weatherization" Program,
which contract was amended under the date(s) of September 1 , 1981
; and
WHEREAS, the regulations permit the State to make reductions in the original
funding allocated to those Delegate Agencies who have a large balance of unexpended
funds, and permit increases in the original funding allocated to those Delegate
Agencies who have a small or no balance of unexpended funds; and
WHEREAS , on the basis of reports submitted by the Delegate Agency, the Grantee
has estimated that the Delegate Agency will (not) spend $ 42,988.00
Fkr-addi-t4ott-to) (of) the original (amended) contract amount of $ 160,695.00
making a new total contract amount of $ 109,940.00 ($ 103,940.00 DOE
funds and $ -0- HHS funds) ; and
WHEREAS, DOE has extended to the Grantee the termination date for the program
year, and the Delegate Agency requires additional time to accomplish implementation
of the Weatherization Program, and to confirm and augment the aforesaid recitals the
parties thereto now desire to again amend said contract.
NOW THEREFORE, it is hereby agreed that the original contract as amended shall
be amended as follows :
1 . Delete Paragraph 27 of the original contract as amended and replace with
the following:
395.53.01-cob0
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Page 1 of_S._pages
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27. The parties hereof understand and agree that this contract is
subject to and contingent upon the continuing availability and
receipt of Federal funds from DOE and HHS. These funds are to
be expended under the categories listed below:
(A) DOE funds may be shifted from one DOE category to another
DOE category except that in no case may the funds allocated
for Training and Technical Assistance and/or Administrative
Costs be increased. Allowable expenditures calls for the
negotiation of Support Costs , Weatherization Materials , Labor
Waiver Costs , Liability Insurance and Low Cost/No Cost cate-
gories between the Grantee and the Delegate Agency, upon
approval of the Grantee, without written amendments to this
agreement. A maximum of ten (10) percent of the total amount
allocated to the Delegate Agency, not to exceed $50 per dwell -
ing unit , may be expended to carry out Low Cost/No Cost Weath-
erization activities. The negotiations of Materials Costs,
Support Costs and Labor Waivers shall be limited to a maximum
of $1 ,000 per unit, except where a special waiver up to a
maximum of $1 ,600 per unit is granted from the Regional DOE
Office. Negotiations shall also include the number of units
to be completed.
(B) HHS funds may be shifted only between HHS Weatherization
Materials and HHS Labor Costs , upon approval of the Grantee,
without written amendments to this agreement. Weatherization
Materials funds shall not exceed $560 per dwelling unit. The
negotiations of Materials Costs and Labor Costs shall be
limited to a maximum of $1 , 100 per dwelling unit . Negotia-
tions shall also include the number of units to be completed.
DOE TRAINING AND TECHNICAL ASSISTANCE $ 2,440.00
Training Personnel , Fringe Benefits,
Travel , Equipment and Supplies ,
Contractural , and Other Costs .
DOE ADMINISTRATIVE COSTS $ 5,913.00
Personnel , Fringe Benefits , Space
Costs , Supplies and Reproduction,
Rental/Purchase/Lease of Office
Equipment , Administrative Travel ,
Audit and Other.
DOE SUPPORT COSTS $ 42,731 .00
On-Site Supervisory Personnel , CETA
Supplement , Hired Labor, Contract
Labor, Fringe Benefits , Travel for
Crew and Materials , Purchase/
Operation/Maintenance of Tools ,
Equipment , Vehicles , Vehicle
Insurance and Warehouse Space.
DOE WEATHERIZATION MATERIALS $ 52,790.00
Weatherization Materials and Repairs
to Heating Sources.
Add: HHS WEATHERIZATION MATERIALS $
Weatherization Materials and Repairs
to Heating Sources.
DOE LABOR WAIVER COSTS $ 6,066.00
Add: HHS LABOR COSTS $ -0-
Labor costs shall consist of on-site
supervisory personnel , hired labor,
contract labor, fringe benefits ,
travel for crew and materials ,
operation/maintenance of tools,
equipment, vehicles and vehicle
insurance.
DOE LIABILITY INSURANCE $ -0-
DOE LOW COST/NO COST $ -0-
TOTAL TENTATIVE ALLOCATED FUNDS $ 109,940.00
Page 2 of 5 pages
2. Delete Paragraph 28 of the original contract as amended and replace with
the following:
28. Subject to the receipt of said funds from DOE and HHS , the
Grantee agrees to reimburse the Delegate Agency•on the basis
of allowable expenditures. The total reimbursement from the
Grantee to the Delegate Agency for Administrative Costs and
Support Costs shall be prorated per negotiations between the
Grantee and the Delegate Agency on the basis of the Delegate
Agency' s completed documentation of Weatherization Materials
dollars installed in the homes of eligible applicants over
the term of this agreement.
3. The termination date stated in Paragraph 32 of the contract shall be
amended to March 31 , 1982.
4. Other than as herein amended, all provisions of the existing contract
as previously amended shall remain in full force and effect.
5. The effective date of this amendment shall be December 31 , 1981 .
LL
Page 3 of 5 pages
Form 6-AC-02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable alter the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than ten thousand dollars for the construction. erection, repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
State, the contractor shall, before entering upon the performance of any such work included in this contract, duly
execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient
bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total
amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or
his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done,
the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and tiled, no claim in
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town,village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8-16-101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34301, CRS
1973, as amended). and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975.Pursuant thereto, the following provisions shall be contained fn all State contracts or sub-contracts.
During the performance of this contract, the contractor agrees as follows:
(1 ) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin. sex, marital status, religion,ancestry, mental or physical handicap. or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment- upgrading, demotion, or transfer, recruitment or
recruitment advertisings;lay-offs or terminations:rates of pay or other forms of compensation;and selection
for training. including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion,ancestry,mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
targaining agreement or other contract or understanding, notice to be provided by the contracting officer.
advising the labor union or workers' representative of the contractor's comtnittment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules,regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,
color,sex,national origin,or ancestry.
(6) A labor organization, or the employees or members thereof will not aid,abet,incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
page 4 of 5 pages
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Fosr• -AC-OK
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (I) through (8) in every sub-contract and
sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance: provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8.17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences)
and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended,and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
• whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
STATE OF COLORADO
Delegate Agency RICHARD D. LAMS1. GOVERNOR
By�� /.d/',` �— By 'EXECUTIVE DIRECTOR.
Chuck Carlson, -Chairman pro Tem DEPARTMENT
Position Board of County Commissioners OF LOCAL AFFAIRS
Social Security Number
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
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•See instructions on reverse side.
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