HomeMy WebLinkAbout20011606.tiff RESOLUTION
RE: APPROVE CONSULTING AGREEMENT FOR PROFESSIONAL PLANNING
PERTAINING TO ST. VRAIN VALLEY OPEN LANDS AND TRAILS PROJECT AND
AUTHORIZE CHAIR TO SIGN -COLORADO OPEN LANDS
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 Board has been presented with a Consulting Agreement for
Professional Planning pertaining to the St. Vrain Valley Open Lands and Trails Project between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Colorado Open Lands, commencing upon full execution of said agreement,
and ending December 31, 2001, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Consulting Agreement for Professional Planning pertaining to
the St. Vrain Valley Open Lands and Trails Project between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Colorado
Open Lands be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
� EL WELD C NTY, COLORADO
ATTEST: gagt'!/���� , . rn
861 M.J. Geile, Chair
Weld County Clerk to the B rd ,
y -EXCUSED
pc ,/ lenn Vaad, Pro-Tem
BY: cc��' a u .. �Ll' e Deputy Clerk to the Board �f`t , (7d,-,
Willi H. Jete
OV D ORM: ck, ��
Mon;E. Lon
ounty A rn y
Robert D. as en
1-1606
fe ; r J /I L1 cC Open Lands 200FI0033
CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT is made this l8thday of June
2001, by and between COLORADO OPEN LANDS, an Colorado non-profit corporation, whose
address is 274 union blvd., Suite 320,Lakewood, CO 80228,hereinafter referred to as"COL,"and
the COUNTY OF WELD, a political subdivision of the STATE OF COLORADO,by and through
the Board of County Commissioners of the County of Weld, whose address is 915 10`h Street,
Greeley, CO 80631, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County is in need of consulting services for professional planning pertaining
to the St. Vrain Valley Open Lands and Trails Project, and
WHEREAS, COL is a Colorado nonprofit corporation qualified as a tax-exempt charitable
organization under Section 501(c)(3) of the Internal Revenue Code, whose mission includes the
preservation of open space in the state of Colorado, and has the staff and capablility to perform the
work desired by County pertaining to the St. Vrain Valley Open Lands and Trails Project, and
WHEREAS, COL has submitted a document entitled, "Colorado Open Lands SCOPE OF
SERVICES For Weld County,"which is attached hereto and referred to herein as"Exhibit A,"which
COL proposes as the work it will accomplish pursuant to this Consulting Agreement, and
WHEREAS,County desires to utilize COL's expertise for such purpose by entering into this
Consulting Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend those documents as follows:
1. Engagement. County hereby engages COL as an independent contractor and
consultant to perform the services described herein. COL hereby accepts such
engagement.
2. Scope of Services. COL agrees to perform the services described in the attached
Exhibit"A"("the Services"). This Agreement is not exclusive as to COL, and COL
may perform similar services for others while performing the Services contemplated
herein. The County shall provide COL with all information pertaining to The St.
Vrain Valley Open Lands and Trails Project which COL deems necessary in order
for COL to perform the Services.
3. Time of Completion. The Services shall be completed by COL no later than
December 31, 2001.
Page 1 of 3 Pages
2001-1606
4. Termination. Either party has the right to terminate this Agreement by providing the
other party written notice of such intent to terminate at least thirty(30) days prior to
the intended date of termination.
5. Fees. In consideration of the services to be performed by COL under this Agreement,
the County agrees to pay COL the amounts set forth in Exhibit A.
6. Professional Responsibility. COL shall be responsible for the professional quality,
technical accuracy, timely completion and coordination of all activities outlined in
the Services and shall without additional compensation promptly remedy and correct
any errors,omissions and other deficiencies. COL shall defend,indemnify,save and
hold harmless County, its officer, agents, and employees, from all claims made
and/or adjudged against them arising directly out of COL's performance of the
Services.
7. Amendments/Assignment. No amendments or variations of the terms of this
Agreement shall be valid unless the same is in writing and signed by all of the parties
hereto. This Agreement may not be assigned by either party without the prior written
consent of the other party, except as to the assignment by the County to a successor
entity. Subject to such restriction, this Agreement shall inure to the benefit of and
be binding upon the parties hereto and their successors and assigns.
8. Notice. All notices permitted or required under this Agreement shall be in writing
and shall be sent to the addresses listed below:
COL: 274 Union Blvd.
Suite 320
Lakewood, CO 80228
County: P.O. Box 758
915 10th Street
Greeley, CO 80632
9. Governing Law. This Agreement shall be governed by Colorado law.
10. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without
such provision to the extent that this Agreement is then capable of execution within
the original intent of the parties hereto.
Page 2 of 3 Pages
11. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that
the enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary
only.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment to Consulting
Agreement the date and year set forth above.
ATTEST: COLORADO OPEN LANDS, a Colorado
non-profit c oration
BCJAN(tt By:
Jonathan more, Director of LandDanie . Pike, President
Protection
ATTEST: Lizj COUNTY OF WELD, STATE OF
������` COLORADO, by and through the Board of
,rte a� County Commissioners of Weld County
•
By: �./I/� �1: ��i a:� �!i:..o � By:
Deputy Clerk tot � :, $�* �, M. J. G ile, Chairman (06/18/2001)
C.\WINDOWS\TEMP\COL2nd.wpd =ft
Page 3 of 3 Pages
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Exhibit"A"
Colorado Open Lands
SCOPE OF SERVICES
For Weld County
Solicit additional project funding partners
COL will meet with representatives from Boulder County and Colorado State Parks to solicit
funding commitments for preservation of specific properties in the priority areas set forth and
described in the St. Vrain Valley Open Lands and Trails Master Plan.
$1,730
Assist with direct or indirect negotiations with landowners
Because each landowner and their land is a unique situation, the timing, structure and substance
of negotiations need to remain as open and flexible as possible in order to best meet landowners'
needs as they relate to the County's agricultural/land protection goals. In light of this, the
following is an approximate schedule for new and continued landowner negotiations.
Discussions include the significance of resources on their land, the landowner's objectives for the
property and the various options available for protection. Several follow-up meetings with these
new landowners will be necessary, and should lead to in-depth meetings, which are necessary to
develop the appropriate protection strategies and agreements:
5 - 10 initial landowner contacts @ 1 hour each 10 hours
3 - 5 landowner Q &A session @ 2 hours each 10 hours
2 - 3 follow-up meetings @ 3 hours each 9 hours
1 - 2 in-depth meetings with key owners 40 hours
Preparation of materials/agreements 10 hours -
Subtotal $6,317
Assist with the structuring of transactions
As each landowner's negotiations become more in-depth, it will be necessary to use additional
resource consultants such as tax attorneys, conservation real estate specialists,resource analysts,
appraisers and others. COL will coordinate the use of any outside consultants necessary in order
to maximize the potential tax benefits to landowners and cost savings to the County and
Program. Due to budget constraints, however, and the difficulty in predicting when and how
many consultants will be needed, costs will be covered outside this contract by a combination of
matching partner funds, fundraising sources, and landowners on an as-needed basis. COL
expects to be able to perform the groundwork for these tasks internally including expertise and
time spent as conservation real estate specialist, facilitator, and resource analyst.
16 hours x $65 $1,040
Identify additional funding alternatives; Grant writing
A successful program must identify both short- and long- term funding sources. Most programs,
however, almost always want to see a demonstration of local commitment. Therefore, COL will
work with the County to identify potential funding sources or events to accomplish the project
goals, and will assist project partners with the development of a long-term funding plan. COL
will also assist with any necessary grant writing during the course of its contract period to acquire
this additional funding,primarily as editor or collaborator with County staff. Anticipated funds
are expected to be used towards program funding as well as agricultural preservation methods,
such as transaction costs, due diligence, and purchase of conservation easements.
16 hours @ $65 $1,040
Project Team meetings
Involvement of project partners is essential to building credibility in the southwestern Weld
County community and building a strong project. Project partners also bring insight, ideas,
knowledge and advice to the project. Therefore, it is important to keep representatives of each
community apprised of the project's activities as well as have COL periodically attend monthly
project team meetings to use their collective knowledge to move forward. The following needs
are anticipated:
Project Team Meetings and follow-up 3 hours x 2 staff x 3 @ $65 $1,170
• Attend and participate in four of the monthly project partner meetings
Individual discussions with project partners 20 hours @ $65 $1,300
• Hold discussions (phone, mail, in-person) as necessary with individual project
partners to discuss specific project and landowner issues, and consult with them for
direction and support.
Subtotal $2,470
Program budgeting and reporting; Final Report
COL will prepare two Activity Summaries (approximately April 30, 2001 and August 31, 2001)
which will outline project progress and ensure compliance with the project goals. Reports will
provide a breakdown of project costs including all COL hourly fees, outside consulting fees and
out-of-pocket expenses. Activity summaries will enable the County and Colorado Open Lands to
re-evaluate project progress and costs, and make any appropriate or necessary adjustments. The
Final Report will summarize accomplishments during the contract period and lessons learned, it
will identify outside funding sources, and will provide goals and a timeline for future work.
Two Activity Summaries 6 hours @ $55 $ 330
Final Report preparation 6 hours @ $55 $ 330
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Subtotal $ 660
Overhead $1,200
TOTAL PROJECT EXPENSES
$14,457
COL/GOCO Statewide Land Protection $ 2,687
Grant Program(Project Credit)
TOTAL PROJECT COST $11,770
FINAL WORK PRODUCT
Because of the nature of this kind of work, a tangible outcome can be difficult to identify in the
short term. As stated, items that are, however, clearly identifiable are:
• Identification of alternative funding opportunities for the County and future implementation of
the St. Vrain Valley Open Lands and Trails Master Plan.
• It is the hope of the program that another"tangible"outcome will be concrete protection
measures in place on agricultural lands, ensuring long-term or in-perpetuity protection of some
of Weld County's critical natural resources (including farmlands, stream corridors, wildlife
habitat, etc.). This is impossible to predict, however, as it is ultimately each landowner's
decision. Our goal is to provide information, organizing and real estate expertise, technical and
managerial support, facilitate discussions, and provide consulting services to interested families
in order to make this as accessible and practical to the landowners as possible.
COL anticipates assisting with the preparation of a Final Report for the County. This Report will
include an assessment of the overall progress of these local efforts to preserve agricultural lands
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and outside funding sources identified. It will also assess the specific results produced through
retainment of expert services and use of part-time staff from COL, and make recommendations
for improvements to the program structure and strategy. Lastly, the Report will include a
description of next steps, goals and a timeline for future work.
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