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AUTHORIZE CHAIRMAN TO SIGN
AMENDATORY CONTRACT, AMENDING
URBAN PLANNING GRANT CONTRACT
NO. COLO. P-84-25(M) :
BE IT RESOLVED, by the Board of County Commissioners of Weld County,
Colorado, that the Chairman of the Board be and he is hereby authorized to sign
on behalf of the County of Weld an Amendatory Contract, amending the Urban Planning
Grant Contract, No. Colorado P-84-25(M) , a copy of which is hereto attached and
made a part of this resolution.
The above and foregoing resolution was, on motion duly made and
seconded, and passed by the following vote on roll call:
i
AYES: //` ,A- i 7r L4e4 on
71Z(277 lift27----
. 214 ' 71/
DATED: JULY 29, 1970 THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MB 36: 3 ' LHR 448
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AMENDATORY CONTRACT
AAA Amending
CONTRACT NO. COLORADO P-84-25(M)
THIS AMENDMENT, made and entered into this 15th day of June, 1970,
between the State of Colorado, acting through the Colorado State Planning Office,
party of the first part (hereinafter referred to as the "Planning Agency"), and
the county of Weld, Colorado, a county located in the State of Colorado, party
of the second part (hereinafter referred to as the "County"),
WITNESSETH THAT:
WHEREAS, the parties hereto have previously entered into an agree-
ment dated the 1st day of August, 1969, for planning services (which contract is
hereinafter referred to as the "Existing Contract"); and
WHEREAS, the parties hereto now deem it necessary and desirable
to amend said Existing Contract;
NOW, THEREFORE, the parties hereto agree that said Existing
Contract shall be amended in its entirety as follows:
COLORADO STATE PLANNING OFFICE
URBAN PLANNING GRANT CONTRACT
Project No. Colo. P-84
Contract No. Colo. P-84-25(M)
PART I
T-HIS AGREEMENT, consisting of this Part I and the Terms and
Conditions forming Part II hereof (which parts, together, are herein called the
"Contract"), entered into this 1st day of August, 1969, by and between the Colorado
State Planning Office, party of the first part (hereinafter referred to as the
"Planning Agency")-and the county of Weld, Colorado, a county located in the state
of Colorado, party of the second part (hereinafter referred to as the "County"),
WITNESSETH THAT:
WHEREAS, under the provisions of Title VII, Section 701 , of the
Housing Act of 1954, being Public Law-560, 83d Congress, Chapter 649, 2d Session
(68 Statute 590), approved the 2d day of September, 1959, -funds have been and are
being made available by the Department of Housing and Urban Development of the
-Federal Government to the Colorado State Planning Office, which has been officially
_designated as Planning Agency for the state of Colorado, to aid in defraying the
cost for planning assistance, including surveys, land-use studies, technical
assistance, and other planning work in conjunction with the development of a state
comprehensive plan; and
WHEREAS, the Colorado State Planning Office, created by House
Bill 1548, adopted by the first regular session of the 46th General Assembly, is
authorized and empowered to accept funds from the Federal Government or its
agencies -or from any other -source for planning and other purposes; to enter into
contracts with the proper officials of any county, municipality, or other subdivision
of the state of Colorado, at their request, for a study of their pl-anning problems;
to call upon the technical staffs of State educational institutions
for assistance within their respective fields of interest; and to enter into such
contracts and agreements as are necessary to carry out the Office's functions and
duties; and
WHEREAS, Weld County, Colorado, is asubdivision of the state of
Colorado, having a population of less than 50,000 people, and the aforesaid County
has requested the Colorado State Planning Office to provide certain planning studies
which aid it in the formulation of an integrated plan-for the future development
of said County, including measures necessary to protect the housing resources of
• the County; and
WHEREAS, the Colorado State Planning Office has studied the request
of the County and has ascertained that there is a great need for such services as
have been requested; that Federal funds are presently available to it, or will become
available, with which to match County funds for such purposes on a dollar-for-
two-dollar basis (County one-dollar and Federal Government two dollars); and that
the request of said County has been duly considered and approved by the Planning
Agency;
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements hereinafter set forth, the parties hereto legally intending
to be bound hereby, do covenant and agree for themselves and their respective
successors and assigns as follows:
A. AREA COVERED. The Planning Agency shall perform all the
necessary services provided under this Contract in connection with and respecting
the following area or areas, herein called the "Planning Area": the unincorporated
portion of Weld County, except the Contractor shall only review and incorporate
the planning studies of those areas which have been completed or are now under
contract with the Colorado State Planning Office. The communities of Eaton, Erie,
Johnstown, La Salle, Milliken, Hudson, Firestone, Keensburg, and Pierce will
receive assistance as outlined under the housing element of the Scope of Services .
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B. SCOPE OF SERVICES. The Planning Agency shall do, perform,
and carry out in a satisfactory and proper manner the following services:
1 . Existing Land _Ucc_Inventory. An exterior field review of
each principal land use within the planning area-shall be made.
Each use shall be classified into major use categories and
present on one copy of the Weld County map prepared at
the scale of 1 " = 2 miles . Land Uses for each surveyed
community shall be presented on maps at the scale of 1 " =500' .
In addition, land use field maps at the scale of 1 " =B00'
shall be prepared for thesouth-western luarter of Weld
County.
The classifications shall be in accordance with the "Land
Use Classification Manual, " 2nd Edition, published by the
Denver Regional Council of Governments . The summation
of various land use classifications shall showthe amount of
land occupied by each lase and shall set forth the apparent
advantages and disadvantages of each to the planning area.
These shall be used as a means of distinguishing the features
of the planning area which need to be recognized in future
planning studies.
2. Housing . A detailed housing inventory shall be undertaken
for the communities of Eaton, Erie, Pierce, Johnstown,
Milli :en, Firestone, Hudson, Keensburg, and _La Salle.
In addition, all housing units in the heavily developed south-
western quarter of Weld County shall be surveyed. From
these surveys, informationshall be collected concerning
existing housing problems .
3 . Community Facilities Inventory . In cooperation with elected
officials and local government personnel, a preliminary
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inventory of existing schools, parks, fire stations, libraries,
water distribution systems, sewerage systems, refuse
disposal areas, and other public facilities shall be made
for the principal population centers within the-planning area.
4. Reports, Maps, and Meetings.
a. Reports. Thirty (3D) copies shall be provided to the
Weld County Planning Commission. Ten (10) copies
to the Planning Agency.
b. Maps .
(1) An Existing Land Use map of Weld County-at a scale
of 1 " = 2 miles .
(2) Existing Land Use maps of the small communities
at a scale of 1 " = 500'.
c. Meetings . The Contractor shall attend a minimum of
three (3) Weld County Planning Commission meetings
during the project period.
C. TIME OF PER:ORMANCE. The services of the Planning Agency
are to commence as soon as practicable after the execution of-this Contract and
shall be undertaken and completed in such sequenc-e as to assure their expeditious
completion in the light of the purposes of this Contract; but in any event, all of the
services required hereunder shall be completed by October 31 , 19b9.
D. CONTRIBUTION OF THE COUNTY. It is agreed between the
parties that the County shall cause tote paid to the Colorado State Planning Office
the sum of Two Thousand Five Hundred Dollars ($2,500), which monies represent
the contribution by the County for theservices herein mentioned .
The contribution provided herein shall be paid by the County to
the Colorado State-Planning Office in the following manner:
Two Thousand Five Hundred Dollars ($2,500) to be paid
on or before the 1st day of September, 1969, of which
Two Thousand Two Hundred Dollars ($2,200) has been
paid as per agreement dated the 24th day of December,
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1968, by and between the Colorado State Planning Offi-c-e
and Weld County, Colorado, leaving a balance of Three
Hundred Dollars ($300) to bepaid on or before the 1st
day of September, 1969.
It is expressly understood and agreed that in no-event will the
total compensation and reimbursement, if any to be paid hereunder, exceed the
maximum sum of Two Thousand Five Hundred Dollars ($2,500) by the County
for all services required. Such compensation shall bethe County's share of a
total project amount of Seven Thousand Five Hundred Dollars ($7,500), including
Five-Thousand Dollars ($5,0D0) as a grant-from theE-ederal Government.
E. RESPONSIBLE PLANNER. The performance of the-services
required hereunder will be under the direct supervision of Catharine E. Zahller,
who is hereby designated as the planner-in-charge of this workiprogram and who
meets the qualifications as required by the Planning Agency.
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URBAN PLANNING GRANT CONTRACT
PART II - TERMS AND CONDITIONS
THE COUNTY hereby agrees that its officials and
employees and the members of its Planning Commission and the
Commission's staffshall cooperate with the Planning Agency in thedis-
charge of its responsibility under this Contract and shall be available for
consultation with the Planning Agency at such reasonable periods as not to
conflict with their own responsibility.
A. CONTRIBUTIONS AND RESPONSIBILITIES OF THE
STATE OF COLORADO. It is the understanding _of all the parties of this
Contract that the Planning Agency, by joining in this Contract, does not
pledge or promise to pledge the assets of the state of Colorado, nor does
it promise to pay any monies of the Treasury of the State Except such
monies as shall be paid to the State for this project by the Department of
Housing and Urban Development of the Federal Government and such
monies as shall be paid to the State by the County under the provisions of
this Contract.
It is further understood and agreed by the parties
hereto that-the Planning Agency may contract with qualified technical
consultants experienced in regional planning to perform the actual planning
studies and work contemplated-by this Contract to be provided said County
by the Planning Agency and that, in the performance of such planning
studies and work, all requirements of the Federal law and regulations
established as a condition to the receipt of Federal funds for such purpose
shall be fully complied with.
It is further understood and agreed by the parties that,
should the Department of-Housing and Urban Development disapprove this
Contract or refuse to make the grant to the state of Colorado, as contemplated
by this Contract, then this Contract shall be void and shall not be binding on
any parties of the Contract.
B. TE-RMINATION OF CONTRACT. In the event that the
work is not completed as agreed upon under Part I of this Contract and
mutual consent of the two parties for extension of the Contract is not
_obtainable, the following procedures shall apply:
The Planning F gency may terminate this Contract any
time by a notice in writing from the Planning ^.gency to the County. If the
Contract is terminated by the Manning Agency, as provided herein, the
Planning Agency shall 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 Planning gency or those with whom it has contracted for
services to be performed.
The County may terminate this Contract prior to its
Expiration by submitting written notice thereof to the Planning Agency at
least thirty (30) days prior to the date of cancellation.
If the Contract is terminated by the County, the
Planning Agency shall be paid an amount which bears the same ratio to the
total compensation as the services actually performed be-ar to the total
services of the Planning Agency or those with whom it has contracted
services to be perform-ed.
C. MISCELLANEOUS
1 . Equal Employment Opportunity. In the carrying
out of the Project, the County will not discriminate
against any employee or applicant for employment
because of race, color, religion, sex, or national
on-gin. The County will take affirmative action to
ensure that applicants are employed and that
employees are treated during employment without
regard to their race, color, religion, sex, or
national origin. Such action -shall include, but not
be limiter! to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment
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advertising; layoff or termination; rates of pay or
other forms of compensation; and selection-for
training, including apprenticeship. The County
will, in all solicitations or advertisements for
employees placed by or on behalf of the County,
state that all qualified applicants will receive
consideration for employment without regard to
race, color, religion, sex, or national origin.
The County shall insert a similar provision in all
subcontracts for services covered by this Contract.
2. Interest of Planning Agency and Others. No
officer, official, or employee of the Planning
Agency or of the County and no public official of
the locality or localities in which the project is
situated or being carried out, who exercises any
functions or responsibilities in the review or
approval of the _undertaking or -carrying out of this
project, shall participate in any decision relating
to this Contrast which affects his personal
interest or the interest of any corporation,
partnership, or association in which he is,
directly or indirectly, interested; nor shall any
such officer, member, or employee of the Planning
Agency or-the County , or any member of its
governing body, or public official of the governing
body of the locality }or localities in which the
project is situated or being carried out, have any
interest, direct or indirect, in this Contract or the
proceeds thereof.
3. Officials Not-To Benefit. No Member of, or
Delegate to, the Congress of the _United States of
America and no Resident Commissioner shall be
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admitted to any share or part hereof or-to any
benefit to arise here from .
.
4. . •,ssi-gnability. The Planning ;''.gency shall not
assign any interest in this Contract and shall not
transfer any interest in the same (whether by
assignment or novation) without-the prior written
consent of the Countyther_eto; provided, however,
that claims for money due or to become due to the
Planning t\gency from the Cointy under this
Contract may be -assigned to a bank, trust
company, or other financial institution without
such approval. Notice of any such assignment or
transfer shall be furnished promptly to the County.
5. Identification of Documents. f\tt reports, maps, and
other documents completed as a-part of this
Contract, other than documents prepared
exclusively for internal use within the Planning
.'-ge.ncy, shall carry the following notation on the
title page (or in the case of maps, in the -same
block containing the name of the Planning Agency)
together with the date (month and year) the
document was prepared and the name of the
municipality, metropolitan area, or other planning
area concerned:
This (report, map, document) was prepared
for the Colorado State Planning Office and
was financed, in part, through an urban plan-
ning grant from the Department of Housing
and UrbanDevelopment under the provisions
of Section 7O1 of the Housing i ct of 1954, as
amended .
6. Copyright. No reports, maps, Dr other documents
produced in whole or in part under this Contract
shall be the subject of an application for copyright
by or on behalf of the Planning ,-,gency.
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7 . Approval . This Contract_shall not be deemed valid until
it shall have been approved by the Controller or such assistant
as he may designate .
IN WITNESS WHEREOF, the-parties hereto have executed this
Contract the clay and year first above written .
STATE OF COLORADO
Colorado State Planning Office WELD COUNTY, COLORADO
�
By BY %LC/ -ezt X- ij e &et /'
Coordinator, Party of the First Part Party of the Second Part
Chairman, Board of County Cpmmissioners
Dated: July 29, 1970
Al 'I 'ROVED:
Approved as to legal form and legal
Division of A-ccaunts and Control adequacy:
By , t969
Controller
Division of Purchases DUKE W. DUNBAR, Attorney General
By
Director
JOHN A. LOVE, Governor
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