HomeMy WebLinkAbout992504.tiff RESOLUTION
RE: APPROVE CONSULTING AGREEMENT FOR ST. VRAIN 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 the St.
Vrain Project between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Planning Services, and
Colorado Open Lards, a Colorado nonprofit corporation, commencing upon full execution of
said agreement, and ending April 30, 2000, 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 the St. Vrain Project between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Planning Services, and Colorado Open Lands, a
Colorado nonprofit corporation, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreerrent.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of October, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COON COLO O
LZ N%
ATTEST: iOnurll (�� /may ���— fC/I%a./ ,
ct4 � le K. Hall, Chair
Weld County Clerk to the ��� O
n 3P CUSED
( - arbar J. Kirkmeyer, P o-Tem
BY: CD < -
Deputy Clerk to the Board ���"
George'E. B ter
APPROVED AS TO FORM: 4 QCh
J. eile
/County Attorney EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad
992504
�C; F 91- FI0029
CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT is entered into this 8th day of October, 1999 by and
between COLORADO OPEN LANDS, a Colorado nonprofit corporation ("COL") and
Weld County ("County"), under the following facts:
RECITALS
A. 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.
COL has experience in land preservation and works collaboratively with willing
landowners and/or public agencies to craft solutions that achieve their open space
goals;
B. COL has agreed to serve as an open space consultant for such
purposes on the terms and conditions described in this Consulting Agreement.
C. COL agrees to perform the work specified in this contract to its best
effort. COL does not guarantee positive results.
Now, THEREFORE, for good and valuable consideration, the parties hereto agree
as follows:
1. Engagement. The 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
Exhibit A attached hereto and incorporated herein (the "Services"). This is not an
exclusive agreement, and COL may perform similar services for others. 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 to be performed pursuant to this
Agreement by COL shall be initiated upon execution Of this Agreement, shall be pursued
with due diligence thereafter and completed by April 30 19Q..
2000 or
4. Termination.
(a) If at any time the County disapproves of COL's performance or in
the event that COL determines it cannot endorse the County's plans for the St Vrain
Valley Open Lands and Trails Project because the plans do not fit within COL's mission
for the preservation of open space in the state of Colorado, either party may elect to
terminate COL's obligation to provide further services under this Agreement.
5. Fees.
(a) 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 attached hereto.
(b) COL shall invoice the County three (3) times in the course of the
project. The County will be required to make payment thirty (30) days
from date of invoice.
(c) In addition to the foregoing fees, COL shall be reimbursed by the
County for its direct out-of-pocket expenses, including, but not limited to,
fees for travel, supplies, telephone, fax and postage incurred.
6. Professional Responsibility
COL shall be responsible for the professional quality, technical
accuracy, time ay 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 the County
and its officers, agents and employees from all claims made and or adjudged against them
arising directly out of COL's performance of the services provided under this Agreement.
7. Amendments. 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.
8. Notice. All notices permitted or required under this Agreement shall be in
writing and shall be sent to the addresses listed below:
Colorado Open Lands: 274 Union Blvd.
Suite 320
Lakewood, CO 80228
303-988-2373
303-988-2383 Fax
With a copy to: Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
or to such other address notice of which is given pursuant to this Agreement.
9. Disputes.
(a) Mediation. In the event of any dispute arising under this Agreement, the
parties agree to enter into good faith mediation in an attempt to resolve their
dispute prior to entering into any arbitration. In the event of such dispute either
party hereto may request the appointment of a mediator and the parties shall
mutually agree upon a mediator. If the parties are unable to agree upon a mediator
within thirty (30) days from the request of any party to do so then any party may
seek the appointment of a mediator from the Judicial Arbiter's Group of Denver,
Colorado. Each party shall pay one-half of the costs of such mediation.
In the event the parties fail to reach an agreement after such good faith mediation.
than any dispute shall be submitted to binding arbitration in accordance with the
arbitration provisions set forth in Section 9(b).
(b) Arbitration. Any dispute arising from or related to this contract shall be
resolved by binding arbitration before such arbitrator as the parties by agreement
mutually select and if they fail to select on arbitrator within thirty (30) days after
the request of either party, then either party may apply to the presiding judge of
the District Court of the City and County of Denver or the presiding judge of the
United Stated District Court for Colorado for the appointment of an arbitrator.
Proceedings shall be conducted in accordance with the appropriate rules of civil
procedure and evidence except as modified by agreement of the parties or order of
the arbiter and discovery shall be limited by C.R.C.P. 26.1. Any award shall be
accompanied by findings of fact and conclusions of law and may be enforces
through the entry of judgment or issuance of execution in any court having
statutory jurisdiction.
(c) The procedures specified in this Section will be the exclusive procedures
for the resolution of disputes; provided, that either party may seek preliminary
judicial relief if in the judgment of that party such relief is necessary to avoid
irreparable damage. Despite the initiation of any such judicial proceedings, the
parties will continue to participate in good faith in the arbitration. As between the
parties, all applicable statutes of limitation will be tolled while the procedures
specified in this section are pending; the parties will take all actions, if any,
required to effect such tolling.
10. Governing Law. This Agreement shall be governed by Colorado law.
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 the 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.
IN WITNESS WHEREOF, this Consulting Agreement has been executed as of
the day and year first above written.
COLORADO OPEN LANDS, a Colorado
non-profit corp ration
1 / �._ / r
By:/ ` „„ —
Daniel E. Pike
Title: President
WELD COUNTY
. , EIL,i)) \
Attest L (.5*‘ /7
t _�O � Dale Hall
By: PQ r/Cati \ !ii i �T 1e: County Commissioner, Chairman
Deputy Clerk to the ,K'
; rai141, (10/13/99)
Byre / t B .
George Baxter Barb a Kirk
Title: County Commissioner Title: County Commissioner
fi�,/6 /
By: /16' By: , `/ i c4rz;; /
Mike Geile Glenn Vaad
Title: County Commissioner Title: County Commissioner
Exhibit A
US/C1/40W ve:oo tAA aru rue save WELD PLANNING ®002
Detailed Work Plan
information Gathering August 1999
▪ Manning Staff In-Kind
Weld County Department of Planning Services Staff will gather all applicable resources. These resources
shall include, but not be limited to the following: Overlay and listing of existing wildfire habitat wetlands,
water resources, scenic areas, potential and needed linkages, map and list of property owners. In
addition, Planning Staff will compile three notebooks for the two consultants and one for staff. During this
time,the RFP Process for each consultertt(Trails and Open Lands) shall be finalized.
Identity and Refine Priorities Late September, 1999
• Planning Staff,Consultants In-Kind
Planning Staff will meat with the two consultants for a maximum of two hours. At this meeting,materials
described above will be distributed, a description of the project will be made,aocpectatlons will be d rMied.
and a time schedule will be distributed.
• Planning Staff In-Kind
• Open Lands consultants $3,800.00
• Trail Consultants $3,800.00
Planning Staff and Consultants shall attend the Southwest Weld I-25 Community Meeting of elected
officials to meet the players, describe the work plans of each consultant and to discuss goals for the
project If needed, Consubnts and Planning Staff will hold a maximum of two additional meetings with
smaller groups of key players.
Refine Criteria October-December, 1999
• Planning Staff In-Kind
• Open Lands onsuttants 32,000.00
• Trail Consultants $2„000.00
Planning Staff and Consultants shall create working maps as internal documents to map progress and
properties. Planning Staff and Consultants shall meet to refine goats,land acquisition criteria,and modify
plans, if necessary based on the above sets of meetings.
Planning Staff In-Kind
• Open Lands Consultants $2,020.00
Planning Staff and Open Lands Consultants shaft meet to identify conservation lands and values that meet
criteria for preservation. Baled on priorities and criteria established by the Steering Commit'see, important
conservation lands will be identified. A project database and overlay map system will be developed to
include information about parcel size, configuration, ownership,zoning, and environmental resources will
be compiled.
• Planning Staff to-Kind
• Trial Consultant $32,064.00
Trail Consultant will conduct two community meetings to gather citizen input regarding trail location,
perceptions,etc. Based on information gathered at these meetings,the Trail Consultant and shall create
a project database and overlay map system in conjunction cur the Open Lands component described
above for land acquisition, connection needs, alternative routes, and adjacent county and municipality
connections will be mapped, Planning Staff shall coordinate the integration of the two data bases. In
addition, the Trail Consultant will formulate a detailed analysis of construction needs, impact to resources.
natural segmentation, initial acquisition and construction prioritization.
• Planning Start In-Kind
• Open Lands Consultants $3,90D.00
Planning Staff and Open Lands Consultants shall meet to evaluate which conservation mechanisms and
strategies exist for conservation. Additional stakeholders shall be engaged in discussion. Property
owners shall be engaged in discussions.
=O'd _t;=2 Sk6 20L NIAd0 011t380 EEE dEs
V9/Z7/99 08:40 FAE 970 304 8498 WELD PLANNING ®003
• Planning Stuff In-Kind
• Open Lands.Consultants 14,200.00
The Open Lands Consultants shall meet with a maximum of eight land owners to discuss the objectives
for their property, the significance of resources on their land,various options available for conservation an
protection, and financial feasibility as it applies to the individual land owner.
Community Briefing December, 1999
• Planning Staff In-Kind
• Trails Planner $3,000.00
Planning Staff and the Trails Planner shall meet with citizens in one Open House to discuss the routs,
alternative routes, construction needs, a schematic time frame of completion,and a budget Information
gathered at the first two meetings will have been integreted Into information discussed at this final briefing.
My additional Information needed for the final analysis shall be gathered at this stage.
Final Analysis January-February, 2000
• Planning Staff In-Kind
• Open Lands Consultants $2,080.00
• Trail Planner $3,060.00
Planning Staff and Consultants shall prioritize the identified conservation lands for integration into the
open lands and trails program. The priorities shall identify which parcels are critical for acquisitions or
easements,and shall include an explanation es to how these parcels fulfill both the open lands and trails
goals of the pro ecb. Priorities will be depicted on overlay maps with accompanying parcel profiles.
Priorities shall be based n geography,type,opportunity, and site-specific characteristics. These findings
shall be presented at one Southwest Wald 1-25 Community Meeting of elected officials. This meeting
shall be open to the.public.
Twenty-four copies of the final document shall be provided by each consultant. $1,250 00
Direct Project Expenses
• Planning Staff $14,450.00
• Open Lands Consultants S 3,800.00
• Trails Planner S 5.000.00
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App.:44\1/4, Colorado open lands
274 Union Blvd.
Suite 320
Lakewood,CO 80228
Colorado open Lands Phone: (303)988-2373
Fax: (303)988-2383
MEMO
Date: October 8, 1999
To: Ann Best Johnson
From: Jonathan Moore
RE: St.Vrain Valley Open Lands and Trails Project Consulting Agreement
Attached is the signed Consulting Agreement for the St. Vrain Project. Please send us a
copy once it has been signed by the Weld County Commissioners.
I have attached a faxed copy of the Detailed Work Plan as Exhibit A. You may want to
replace it with a cleaner copy if you have one.
I am glad to finally get this contract to you and I am looking forward to working on this
project. If you have any questions please don't hesitate to call me.
eid County Han.tu-.g ;. :;,.
OCT 1 1999
992504
F loo 9
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