HomeMy WebLinkAbout800747.tiff RESOLUTION
RE: APPROVAL OF HB 1041 CONTRACT BETWEEN WELD COUNTY, COLORADO
AND THOMAS W. ROUNDS AND WAIVE BIDDING PROCEDURE FOR SAME.
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, an HB 1041 contract between Weld County, Colorado
and Thomas W. Rounds has been presented to the Board of County
Commissioners of Weld County, Colorado, and
WHEREAS, said contract concerns the re-writing of the zoning
resolution and the total amount of said contract shall not exceed
$7, 590. 00 , and
WHEREAS, the Board deems it advisable to approve said con-
tract and further to waive the bidding procedure for the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the HB 1041 contract
between Weld County, Colorado and Thomas W. Rounds be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the bidding proce-
dure be, and hereby is, waived in this particular matter.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
March, A.D. , 1980 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,''� CQLORADO
77 !tjLJL (Aye)
C . W. Kirby, Chairman
7 -h • .:w._<��� - s�^ (Aye)
ATTEST: .c/.L -;• , *¢1 4,1 , onard L. Roe,��ffPro--Tem
Weld County Clerk and Recorder £j., + 0,—_ (Aye)
and Clerk to the ,Boas d Norman Carlson
$ �4/4.w7 dew 4a-s C4�(Aye)
l eputy County Clerr y a Dunbar
-" �l
APP ED AS TO FORM: / (Aye)
June K. S inmark
County Attorney
800747
DATE PRESENTED: MARCH 5 , 1980
DLc 13
COUNTY OF WELD, STATE OF COLORADO
STANDARD AGREFMENJ
THIS AGREEMENT, made and entered into this 3rd day of March , 19 80 ,
by and between the COUNTY OF WELD. State of Colorado, hereinafter called the
County, and
Thomas W. Rounds
hereinafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants ,
conditions, agreements , and stipulations of the County hereinafter expressed,
does hereby agree to furnish to the County services and materials , as follows ,
and/or as described on exhibits attached to and incorporated herein.
(Set forth service to be rendered by Contractor, County Department receiving
service, Contractor's qualifications , and additional provisions incorporated. )
1. County Department Receiving Service: Dept. of Planning Services
2. Service to be Rendered by Contractor: See attached Exhibit A-
Scope of Services
3. Contractor' s Qualifications : See attached Exhibit B setting
forth qualifications
4. Additional Provisions : See attached Exhibit C-Additional Provisions
Date of Authorization
C;ONTRA'..1 PERIOD will be from to Proceed through December 31, 1980
COMPENSATION: County agrees to pay Contractor for services performed hereunder
at a rate of $ 12. 00 per hour }6M1197��(@C
The total amount paid by County to Contractor under this agreement shall not
exceed the sum of $ 7, 590 . 00
ADDITIONAL PROVISIONS set forth on the reverse side hereof constitute a part
of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
COUNTY OF WELD CONTRACTOR p�
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Chairman, Board of/County
Commissioners By
Title
Approv A To F
Address
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Oir finance R
Administration
ADDITIONAL PROVISIONS
1 . Contractor agrees that it is an independent Contractor and that its officers
and employees do not become employees of County nor are they entitled to any
employees benefits as County employees as a result of the execution of this
agreement.
2. Contractor shall indemnify County, its officers and employees against lia-
bility for injury or damage caused by any negligent act or omission of any
of its employees or volunteers or agents in the performance of this agree-
ment and shall hold County harmless from any loss occasioned as a result
of the performance of this contract by Contractor. The Contractor shall
provide necessary workman's compensation insurance at Contractor's own cost
and expense.
3. No officer, member or employee of County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in this agree-
ment or the proceeds thereof. No employee of Contractor nor any member of
an employee's family shall serve on a County board, committee or hold any
such position which either by rule, practice or action nominates , recommends,
supervises Contractor's operations, or authorizes funding to Contractor.
4. Contractor may not assign or transfer this agreement, any interest therein
or claim thereunder without the prior written approval of County.
5. Payment to Contractor will be made only upon presentation of a proper claim
by Contractor subject to the approval of the County Department or Agency
for which the services have been performed.
6. County shall have access to Contractor's financial records for purposes of
audit. Such records shall be complete and available for audit 90 days after
final payment hereunder and shall be retained and available for audit pur-
poses for five years after final payment hereunder.
7.. County may terminate this agreement at any time by giving Contractor a ten
day written notice of such sooner termination and may be terminated at any
time without notice upon a material breach of the terms of this agreement
by Contractor.
8. Time is of the essence in each and all the provisions of this agreement.
9. No alteration or variation of the terms of this agreement shall be valid
unless made in writing and signed by the parties hereto.
10. Contractor shall not be allowed or paid travel expenses unless set forth in
this agreement.
11 . Contractor assures that it will comply with Title VI of the Civil Rights
Act of 1964 and that no person shall , on the grounds of race, creed, color,
sex or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this agree-
ment.
12. County shall have a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, use, and to authorize others to do so, all original
computer programs, writing, sound recordings, pictorial reproductions , draw-
ings and other works of similar nature produced in the course of or under
this agreement; and Contractor shall not publish any such material without
prior written consent of County.
13. Contractor agrees that determinations of rights to inventions made in the
course of or under this agreement shall be made by County, and that County
shall acquire an irrevocable, non-exclusive, and royalty-free license to
practice and use, and let any public agency practice and use, any such
invention.
easceN
EXHIBIT At SCOPE OF SERVICES
A. To prepare written materials which describe the proposed regulations.
1. Task: Write overviews of the sections of the proposed
regulations which describe their purpose, function,
relationship with the balance of the regulations ,
and source of the section.
2. Timing: Copies will be ready for distribution before 3/7/80
and will be available at the first review meeting of
the Planning Commission
3. Cost: The cost to the County will be less than $500.
B. To coordinate preparation of graphic materials.
1. Task: Design graphic materials which can be used to help
explain the proposed regulations. The format will be
overhead transparancies. Coordinate preparation of
the graphics by DPS staff.
2. Timing: The materials will be ready by 3/7/80. Design time:
5-10 hours. Coordination time: 2-4 hours
3. Estimated Cost: $72-$168.
C. To brief the Planning Commission so that they are familiar with the
proposed regulations.
1. Task: Conduct up to four meetings with the Planning Com-
mission to review the proposed regulations.
2. Timing: The meetings will start as soon as possible and will
finish before 3/28/80. Preparation and meeting time
will require 5-25 hours.
3. Estimated Cost: $60-$300.
D. To revise the proposed regulations where the Planning Commission and DPS
staff feel changes are warranted.
1. Task: Under the direction of the Director of the Depart-
ment of Planning Services the contractor will revise
the proposed regulations.
2. Timing: The revisions will be completed on or before 4/11/80.
The DPS staff will review the revisions and provide
comments on or before 4/18/80. The contractor will make
final revisions before 4/25/80. The revisions may
require up to 120 hours.
3. Estimated Cost: up to $1440.
E. To distribute copies of the proposed regulations .
1. Task: Copies of the proposed regulations will be mailed by
the County to interested individuals and groups.
The contractor will coordinate the preparation and
distribution activities.
2. Timing: The copies will be distributed within seven working
SCOPE OF SERVICES
page 2
days after the revisions have been typed and printed
by the County.no later than 5/7/80. Coordination
will require 1 to 6 hours.
3. Estimated Cost: $12-$72.
F. To assemble citizen comments.
1. Task: The contractor will collect comments and document
concerns of people that review the proposed reg-
ulations. The contractor will analyze the comments and
the effect upon the proposed regulations of following
the suggestions. The contractor will provide a written
report containing the analysis.
2. Timing: , The:conmients will he :compiled .and analyzed by-5/23/80. .
This activity will require up to 40 hours.
3. Estimated Cost: up to $480.
G. To distribute public notices of meetings on proposed regulations and be
available for questioning about public meetings.
1. Task: The contractor will prepare up to four short news
releases concerning the proposed regulations, the
citizen review process and the public meetings.
The contractor will be available to answer questions
concerning the regulations and process.
2. Timing: The news releases will be prepared before 5/16/80.
Preparation time: 2-4 hours. Two hours of questioning
time will be absorbed by the contractor, additional
time requirements will have to be worked out with
DPS staff.
3. Estimated Cost: $24-$48.
H. To conduct public meetings.
1. Task: To prepare for, organize and conduct at least three
and no more than five public meetings which are in-
tended to inform the general public about the pro-
posed regulations.
2. Timing: The meetings should be conducted during the months
of June and July. This activity will require 10 to
50 hours.
3. Estimated Cost: $120-$600.
I . To assemble citizen comments.
1. Task: The contractor will collect comments and document
concerns of people that attend the public meetings
and express opinions on the proposed regulations.
The contractor will analyze the concerns and com-
ments and their effect upon the proposed regulations.
The contractor will provide a written report contain-
ing the analysis.
2. Timing: The comments will be compiled and analyzed by 8/15/80.
The activity will require up to 40 hours.
SCOPE OF SERVICES
page 3
3. Estimated Cost: up to $480.
J. To present the results of the public meetings to the County.
1. Task: The contractor will present, in writing, the comments
and concerns that have been collected and analyzed
in parts F and I to the DPS staff. The contractor
will make recommendations concerning the comments
and will discuss the advisability of revising the
proposed regulations to incorporate the suggested
revisions.
2. Timing: This discussion should take place within two weeks of
the completion of the analysis in part I. This
activity may require up to 20 hours.
3. Estimated Cost: up to $240.
K. To revise the proposed regulations.
1. Task: After discussion of the comments and under the direc-
tion of the Director of the Department of Planning
Services the contractor will revise the proposed
regulations.
2. Timing: The revisions will be completed by 9/5/80. The DPS
staff will review the revisions and provide comments
by 9/12/80. The contractor will make final revisions
before 9/19/80. The revisions may require up to 120
hours.
3. Estimated Cost: up to $1440.
L. To present the proposed regulations to the Planning Commission.
1. Task: Prepare for, organize and conduct up to two public
hearings before the Planning Commission. The hearing
will be for obtaining a recommendation concerning
the proposed regulations.
2. Timing: The first public hearing will be held on or before the
regular Planning Commission meeting on 10/7/80. Should
another meeting be required, it would be scheduled
as soon as possible. This task could require up to
40 hours.
3. Estimated Cost: up to $480.
M. To present the proposed regulations to the Board of County Commissioners.
1. Task: Prepare for, organize and conduct up to two public
hearings before the Board of County Commissioners.
The hearing will be to reach a decision on the status
of the proposed regulations (adopt or not) .
2. Timing: The first public hearing should be scheduled as soon
as possible after the recommendation from the Planning
Commission is received. The second hearing would be
considered a continuation of the first, should a
second hearing be required. This activity could
SCOPE OF SERVICES
page 4
require up to 40 hours. This activity will be
finished before 12/31/80.
3. Estimated Cost: up to $480.
II . County Contributions. Weld County will provide the following items or
services in furtherance of this agreement.
A. Secretarial services to type and prepare for mailing notices of
public meetings and hearings, typing of revised portions of the
regulations, typing and mailing of correspondence concerning the
proposed regulations.
B. Drafting services to prepare, under contractor supervision, graphic
materials to be used to explain or clarify the proposed regulations
and other drafting services related to the process of adopting the
proposed regulations.
C. Materials including copies of the proposed regulations , copies of
materials that explain or clarify the proposed regulations, postage
and supplies required by the secretaries or drafting personnel ,
slide projector, overhead projector, tape recorder, and other materials
directly associated with the process of adopting the proposed reg-
ulations.
D. Staff time necessary to meet with, coordinate with, and review the
work of the contractor.
III . Compensation. The contractor will charge the County an hourly rate of
$12.00 per hour for services rendered on this agreement. The total cost will
not exceed $6708.00 or the amount budgeted by the County .
The County will be billed by the contractor for work performed and nours
expended according to the activities outlined in the Scope of Services. Payment
will be made only for completed tasks, Cdptractor will notify the County immed-
iately of any anticipated or realized inability to complete tasks defined in
this Scope of Services in the defined time frameworks.
IV. Documentation of process. The contractor will prepare for the County a
record of the steps taken and people involved in the citizen review process.
The record will include copies of public notices, citizen comments, contractor's
analysis of comments and records from the public meetings and public hearings.
V. Modification of this agreement. This agreement may be modified from time
to time in order to better meet the objectives defined by this Scope of Services
and the overall objective of adopting the proposed regulations.
EXHIBIT B: CONTRACTOR'S QUALIFICATIONS
The contractor has received a bachelors degree in political science-urban
studies from Michigan State University and is a candidate for a masters degree
in Urban and Regional Planning from the University of Colorado. The contractor
has over five years experience in public agency planning. During this period
the contractor has prepared the following documents : The Weld County Housing
Monitoring Study; the 1976 update to the Weld County Housing Monitoring Study;
the Weld County Housing Plan; the Kersey Comprehensive Plan; and the draft
of the Weld County Zoning Ordinance. The contractor is experienced in areas
of public planning, land use regulation, government contracts , and citizen
participation programs.
EXHIBIT C - DETERMINATION OF SOLE CONTRACTOP.
4. Additional Provisions : This contractor is the sole provider.
The reasons for this determination are as follows :
a. Contractor was previously engaged as a Planner by the
County for. 2 years, during which time he completed
amendments to the Weld County Zoning Resolution.
b. The revisions which were developed by the contractor
during his employment by the County are those revisions
which are to be adopted by the Planning Commission and
the Board of County Commissioners under the attached
Scope of Services.
c. The contractor ' s familiarity with the amendments as
a result of the work which is defined in Paragraph a
above make him the most qualified to explain the
rationale behind the revisions to the general public
and to decision makers.
d. The contractor' s familiarity with the proposed revisions
which are to be adopted will reduce the time needed for
start up of the project and will subsequently reduce the
amount of time to be spent on each work task by the
contractor and members of the Department of Planning
Services.
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