HomeMy WebLinkAbout780860.tiff RESOLUTION
RE: APPRPOVAL OF HB 1041 SUPPLEMENTAL FUNDS CONTRACT FOR 1979
BETWEEN WELD COUNTY, COLORADO AND STATE OF COLORADO, DEPART-
MENT OF LOCAL AFFAIRS.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , a representative from the Weld County Department of
Planning Services has presented to the Board of County Commissioners
of Weld County, Colorado a HB 1041 Supplemental Funds Contract
between weld County, Colorado and State of Colorado, Department of
Local Affairs. A copy of said contract is attached hereto and
incorporated herein by reference, and
WHEREAS, said supplemental funds will be used by the Weld
County Department of Planning Services for the re-writing of the
zoning resolution, and
WHEREAS, the matching portion of funds from Weld County
was included in the budget for 1979, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado deems it advisable and in the best interests of Weld
County to approve said contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the HB 1041 Supplemental
Funds Contract between Weld County, Colorado, Department of Local
Affairs be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
December, A.D. , 1978 .
-f- BOARD OF COUNTY COMMISSIONERS
ATTEST: �Y'.L �lGcri W COUNTY, COLO O
pro to
Weld County lerk and Recorder `,/ ) I 72W
and Clerk to the B d "jf
By-7,_2 �G j2�� C�s_�f C/
`beputy County C erk
APP ED AS TO FORM: -� 61--y,N4p,,� (2%n bEn,- ---
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County Attorney
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780860
Date Presented: December 27 , 1978
Form 6-AC-02A DEPARTMENT OR AGENCYNUMBER
32 00 00
CONTRACT ROUTING NUMBER
79- 122-
CONTRACT
THIS CONTRACT, made this 2 day of -7` PlitA., 197x, by and between the
State of Colorado for the use and benefit of the Depart t of 't
hereinafter referred to as the State, and '2 Weld County. Colorado
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available f r pa ment in Fund Number 1001
G/L Account Number 53097. Contract Encumbrance Number_CS and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies;and
WHEREAS, '3funds for Land Use Supplemental Planning have been
appropriated to the Department of Local Affairs in H.B. 1252
(1978) contingent upon being matched by local government funds or
new in-kind effort of equal amount, and
WHEREAS, the Department of Local Affairs now desires to distribute
these funds to various units of local governments who have applied for
these funds and who can provide the required matching funds.
NOW THEREFORE, it is hereby agreed that
1. " Area Covered, The Contractor shall perform all the neces-
sary services provided under this Contract in connection with and
respecting the following area or areas, herein called the`Planning
Area": Weld County
2. Scope of Services. The Contractor shall do, perform, and
carry out, in a satisfactory and proper manner, as determined by the
State, all work elements as indicated on the attached Exhibit A, Work
Program and Budget Projections.
3. Time of Performance. The services of the Contract shall
commence as soon as practicable after the execution of this Contract and
shall be undertaken in such sequence as to assure completion of this
Contract by one year from the above date of Contract.
4. Compensation. The State agrees to reimburse the Contractor
46. 4% of all eligible project costs up to but not exceeding
ten thousand dollars
($10, 000 ) . Such compensation represents the State ' s share from Land
Use Supplemental Planning Funds of a total project of twenty one
thousand five hundred thirty one and 48/100 dollars
($21, 531J48}ncluding eleven thousand five hundred thirty one and 48/100
dollars ( $11, 531.48 ) in matching funds from
the County of Weld , for a total project
amount of Twenty one thousand five hundred thirtynne f& 4R/f10 dollars
( $21 , 531.48) .
Page I ofi.pages
'(See instructions on reverse of last page.)
5. Method of Payment. The State shall make such reimbursement to the
Contractor upon approval of expenses by the Area Representative. Such billing
may be filed at any time and shall certify that the Contractor has performed
according to Exhibit A, Scope of Services, Work Program and Budget Projections.
6. Responsible Land Use Administrator. The performance of the
services required hereunder will be under the direct supervision of
Gary Z. Fortner , who is hereby designated as the administrator-in-
charge of this work program. At any time the administrator-in-charger is not
assigned to this project, the Contractor shall immediately notify the State
and work shall be suspended on the project until an administrator-in-charge
has been so assigned who is acceptable to the State.
7. Personnel. The Contractor represents that he has, or will secure
at his own expense, all personnel required in performing the services under this
Contract. Such personnel shall not be employees of or have any contractual
relationship with the State. All of the services required hereunder will be
performed by the Contractor or under his supervision, and all personnel engaged
in the work shall be fully qualified and shall be authorized under State and
local law to perform such services.
8. Termination of Contract for Cause. If, through any cause, the
Contractor shall fail to fulfill in timely and proper manner his obligations under
this Contract, or if the Contractor shall violate any of the covenants, agree-
ments, or stipulations of this Contract, the State shall thereupon have the right
to terminate this Contract by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least five (5) days before
the effective date of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and
reports or other material prepared by the Contractor under this Contract shall,
at the option of the State, become its property, and the Contractor shall be
entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of
liability to the State for any damages sustained by the State by virtue of any
breach of the Contract by the Contractor, and the State may withhold any payments
to the Contractor for the purpose of setoff until such time as the exact amount
of damages due the State from the Contractor is determined.
9. Termination for Convenience of State. The State may terminate
this Contract any any time by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least fifteen (15)
days before the effective date of such termination. In that event, all finished
or unfinished documents and other materials as described in Paragraph 8 above shall,
at the option of the State, become its property. If the Contract is terminated
by the State as provided herein, the Contractor will be paid an amount which bears
the same ratio to the total compensation as the services actually performed bear
to the total services of the Contractor covered by this Contract, less payments
of compensatibn previously made: Provided, however, that if less than sixty (60)
percent of the services covered by this Contract have been performed upon the
effective date of such termination, the Contractor shall be reimbursed (in addition
to the above payment) for that portion of the actual out-of-pocket expenses (not
otherwise reimbursed under this Contract) incurred by the Contractor during the
Contract period which are directly attributable to the uncompleted portion of the
services covered by this Contract. If this Contract is terminated due to the fault
of the Contractor, Paragraph 8 hereof relative to termination shall apply.
10. Changes. The State may, from time to time, require changes in the
scope of services of the Contractor to be performed hereunder. Such changes,
including any increase or decrease in the amount of the Contractor's compensation,
which are mutually agreed upon by and between the State and Contractor, shall be
incorporated in written amendments to this Contract.
11. Public Information Rearing. To satisfy the general requirement that
expenditures of public monies be reviewed publicly, an information hearing, covering
Supplemental Fund work program and projected budget shall be held during the twelve
(12) months of the contract period.
12. Reports. One copy of all reports prepared as a result of the project
will be submitted to the Department of Local Affairs.
Page 2 of 4 pages
Form 6-AC-02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. 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 after 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 filed, 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 (2434301, 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 in all State contracts or subcontracts
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
bargaining 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 committment 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 3 of 4 pages
Form 6-AC-02C
(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.
STAT OFC RADO
RICH RD D. AM. VERNOR
Contractor � 1/2 <SflieLl By
•s EXECUTIVE DIRE
DEPARTMMENU
Position airman pro tem OF Local Affa s
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al^Sefurnty mber or ployer ID 1i
V A ROV LS
ATTORNEY GENERA,t,4-1 'S T-?G F TROLLER •n61 e1!J!-;s?"�-ref(j
By By
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Gsne :i _e ces
•
Page 4 which is the last of 4 pages
'See instructions on reverse side.
•
SCOPE OF SERVICES
WORK PROGRAM AND BUDGET PROJECTIONS
Weld County will rewrite the Weld County Zoning Resolution to :
1. Provide administrative and decision makers' guidelines in the
resolution. _
-2. Implement a system of performance standards or guarantees which
will protect all land users in Weld County; and
3 . Bring zoning and land use controls into better harmony with the
Weld County Comprehensive Plan
The Weld County Zoning Resolution will be rewritten in accord with the
following format and indicated time schedule.
Phase I
1. The Zone District Regulations Section
Each district regulation section will include statements of
intent and purpose, enough information to determine whether
a proposed use is appropriate for the zone, and enough in-
formation to determine whether a proposed use is compatible
with adopted plans and existing uses in the area..
A. Industrial District(s)
The Industrial District ' s regulations will be geared to
the use of performance standards in determining the
activities which may take place in each of the districts.
There should probably be three individual performance
districts. The decision on the number of performance
districts will be made once Federal , State, and County
environmental protection regulations have been analyzed.
The Industrial zones will be subject to site plan review
procedures.
B. Commercial District(s)
The uses in the Commercial Districts will be regulated- '.
with a use by right and dimension approach for the
individual districts. Special Uses and/or uses that
are not enumerated as uses by right will be regulated
with a performance standard approach. The Commercial
zones will be subject to site plan review procedures.
C. Residential District(s)
Residential Districts will be regulated primarily
through a use by right and dimension approach. Special
Uses will be regulated through performance standards.
Weld County' s four Residential districts : Estate,
Residential, High Density, and Mobile Home, will be
anlayzed with respect to the agricultural land
preservation policies of the Comprehensive Plan.
Residential districts will be subject to Subdivision
Regulations when appropriate.
EXHIBIT A
Page 1 of 4 pages
Department of Local Affairs - No. 320000 Contract Routing No.
SCOPE OF SERVICES
WORK PROGRAM AND BUDGET PROJECTIONS
D. Site Review Process .
This section of the regulations will specify the pro-
cedure, information requirements, and decision-making
criteria to be used in reviewing the site development
plan for the Industrial and Commercial Zone Districts.
A draft of the preceeding four sections will be completed
during Phase I .
Phase II
E. Agricultural District(s)
The Agricultural District will be regulated primarily
through use, by right and dimension regulations. Any
use which is related to agriculture but not direct
crop or livestock production (e.g. fertilizer and
feed processing) will be regulated through performance
standards designed to protect agricultural productivity.
F. Special Uses
This section will specify the procedure to be followed
for gaining a Special Use Permit for uses specified as
such in the Commercial, Residential, and Agricultural
Districts. The procedure will include application in-
formation requirements and decision-making criteria.
2. The Definition Section
The Definition Section will include all the terms used in
the regulations which need to be specially defined for
their proper use. All the terms with special meanings
will be typed in italics when they appear in the text .
A draft of the Special Uses, Site Review Process and Defi-
nition Section, as well as a final copy of the Industrial,
Commercial, Residential and Agricultural District Regulations
will be the product of Phase II .
Phase III
3. The Enforcement Section
This section of the regulations will follow the traditional
form in explaining what is illegal and specify penalties
for breaking the code requirements.
4. The Board of Adjustment/Variance Section
This section of the Weld County Zoning Resolution will
specify the membership, duties, and process of the Board
of Adjustment. The requirements of State Statute and the
Weld County Home Rule Charter will be included in designing
this section.
EXHIBIT A
Page 2 of 4 , pages
Department of Local Affairs - No. 320000 Contract Routing No.
SCOPE OF SERVICES
WORK PROGRAM AND BUDGET PROJECTIONS
5. The Introductory Information Section
This section will include statements concerning the author-
' ity, purpose and intent of' the Zoning Regulations. Again,
Statutory and Home Rule Charter references will be made.
During Phase III , all of the scheduled work will be brought
to completion. The final product will include the sections
indicated in the Scope of Services.
BUDGET PROJECTIONS
Period Total HB 1041 Local
Phase I 7,177.15 3, 333. 33 3, 843 . 82
Phase II 7,177.16 3, 333. 33 3,843 .83
Phase III 7,177.17 3, 333. 34 3, 843 . 83
Total 21, 531.48 10, 000. 00 11 , 531.48
•
•
EXRIBIT A
Page 3 of 4 pages
Department of Local Affairs - No. 320000 Contract Routing No.
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