HomeMy WebLinkAbout800749.tiff RESOLUTION
RE: APPROVAL OF AMENDMENT TO LAND USE SUPPLEMENTAL PLANNING
CONTRACT.
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, the Colorado Department of Local Affairs and Weld
County, Colorado entered into a land use supplemental agreement
for performance of services to be rendered under House Bill 1252 ,
and
WHEREAS, said amendment is necessary in order to carry out
the intentions of the project, and shall allow continuance of
the project until June 30, 1980.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the amendment to the
land use supplemental contract between the Colorado Department
of Local Affairs and Weld County, Colorado be, and hereby is,
approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
February, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 1✓u{ `tnw.t4'-„�'.Q1n, WELD COUNTY, COLORADO
Weld County Clerk and Recorder [ - X LI (Aye)
and Clerk to the Ba rd C.
W. Kirby, C rman
B : ill -✓a C �/ Adlui r_�: V 1< • , << l �c eE. (Aye)
Deputy Count Cler eonard L. Roe,s Pro-Tem
�., APPRO ED AS TO FORM:(..
N
� (Aye)
d7t 0Norman Carlson
County Attorney (Aye)
L un ar
(C�,°c, �'} `/l'i=�l7� (Aye)
Jute K. Steinmark
DATE PRESENTED: FEBRUARY 20 , 1980 800749
G,, Colorado
'. ) Department of Local Affairs
Richard D. Lamm, Governor Paula Herzmark, Executive Director
January 31, 1980
Thomas Laetz
Forestry
Dept. of Recreation Resources
Colorado State University
Ft. Collins , Colorado 80523
Mr. Gary Fortner
Planning Director - Weld County
Greeley, Colorado 80631
Dear Gary,
According to my records, your Land Use Supplemental Planning
contract with the State has expired. The due date for completion
of the Scope of Services was January 23, 1980. I have a balance
remaining in your account of $4,242. 15. I assume that you will
want to bill for the remaining funds , but have let the contract
due date slip past. I am therefore sending you an amendment
form which will allow you to continue the project until June 30,
1980. All that is required for this amendment, is the signature
of the chairperson of the County Commissioners on three sets of
the enclosed contract amendment forms . The signatures on all
three sets must be originals . Furthermore, please do not fill in
the date on the front page.
If 4er/7ors
oue any questions, please give me a call.
, fi
�234olf
� FEB I�Sp
VTh mas J. aetz RECEIV U
welt cm:ntp
Fi ld ep e. ative NanningCommissioa :A
De . of Local Affairs a, y
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1313 Sherman Street, Room 518, Denver, Colorado 80203 (303) 839-2771
-
At. 32oo Ar 433/
dU ? _ CC0\rW.ACT NUMBE
, R•,`c- 00 00 J) AMENDED
to'70%0%0 \,�� CONTRACT
\`O
ort./
January THIS Cf7NTWAC':T made this 18th day of 1980, by and between the
State of Colorado for the use and benefit of the Department of •1 Local Affai.zq
hereinafter referred to as the State, and .Z 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 for payment in Fund Number 1001
GIL Account Number53097 , Contract Encumbrance NumberC850935 : and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, " the parties hereto have previously entered into a contract •
dated ::January 23,1979for the performance of services to be rendered
under H. B. 1252 (1978) contingent upon being matched by local
government -funds or new in-kind effort of equal amount, and c -
WHEREAS, the parties hereto deem it necessary and desirable to amend the
original contract in order to carry out the intentions of the program and
to adjust for new organizational arrangements by the contractor.
NOW THEREFORE, it is hereby agreed that
1. " Paragraph 3 will be amended to read: Time of Performance.
The services of the Contractor 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 June 30, 1980.
2. All other terms and conditions of the original contract remain in
full force and effect.
a
Page 1 of_3__ paces
�` •IS.:c ir,.ici,L...., of IJ,I pace.)
• lump-AC-02B • SPECIAL PROVISIONS
.t 9NTROLLER'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 (24-34-301, 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 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
s
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 present 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 2__of_ 3 pages
•
Form 6-AC-02C
r
(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.
COLORADOLABOR 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.
STATECOLO DO
RICH- RD D. MM G -ERNOR
By
Contractor .5 EXECUTIVE DIRECTO \
DEP.ART51E,NJ
Position OF Local Affairs
Social Security Number or E foyer ID
cF NE APPROVALS
ATTORNEY I
/ CONTR L R S. YY d 11 7 I i_tr
By By
Assist t Solis for ,eneral -
tier L gal Ser ices
Chairman, Board of County Commissioners
'
ATTEST: 'Lc!f
WELD COUNTY CLERK AND RE ORDER
jD CLERK TO TH
Deputy County Clerk
Page 3 which is the last of 3 pages
*See instructions on reverse side-
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