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HomeMy WebLinkAbout740629.tiff 2 j"1 • CONTRACT THIS CONTRACT, made thiszeji- day ofOpWeyy , 1974, by and between the Larimer-Weld Regional Council of Governments alter- natively referred to as the Council or the Contractor, and Weld County, Colorado hereinafter referred to as the Subcontractor. WHEREAS, in accordance with the law and pursuant to the authority vested in it the Contractor entered into a certain contract with the State of Colorado through the Department of Local Affairs, Division of Planning. WHEREAS, required approval, clearance and coordination has been accomplished from and with the appropriate agencies, to enter into the above contract; and WHEREAS, the said contract entered by the Contractor and the State require services to be performed by the above named County Plan- ning Staff, and WHEREAS, the above named County Planning Staff have already begunperformance of the duties described in the contract co tr ct between th e ee t e Contractor and the State; and sr\ WHEREAS, it is necessary that the duties and responsibilities of the above named County Planning Staff be set forth herein and that the County as Subcontractor enter into this agreement; and WHEREAS, the Contractor has begun performance on the above named contract and is capable and willing to perform all services required therein; and WHEREAS, the above named County Subcontractor is capable and willing to perform all services provided for it to do in the above named contract and to comply with all of said contract's terms. NOW, THEREFORE, it is hereby agreed that: 1. Contract Ratification. The Subcontractor hereby ratifies the contract, entered into'by the Contractor and the State, identified as, Contract Encumbrance Number C850017, GIL Account Number 56057, covering Project Number CPA-CO-08-00-0125, and adopts the terms thereof and agrees to do and perform in accordance with the terms thereof; and perform the services set forth in the section entitled "Scope of Services". ____ _ in a manner satisfactory to the standards as determined by the State of Colorado. The Subcontractor further agrees to perform and do all things necessary to allow the Contractor to faithfully perform its obligation, and a copy of said contract between the State of Colorado and the Contractor is attached hereto as Exhibit 1 and incorporated herein as if more fully set forth, and its terms as applicable to the parties are binding thereon. 2. Area Covered. The Subcontractor shall perform all the necessary services provided under this contract as set forth herein or as set forth in Exhibit 1 in the following area: Weld County. 6MMcnJ _ ('0,1 3. Time of Performance. The services of the Subcontractor shall continue and be performed in such sequence as to assure completion of this contract and the prior contract between the State of Colorado and the Contractor by June 30, 1975. qrca G>'-s°1- c f� ;, i 71.4 t/ o yd J1� co L hen L w'�x �.��,Y rack IA,/ S poi- — Vide/One 'C.- ,SGW ' " � S a N ?ci i 4 "--r:I"-, // ): 0 L/HG - 2 iv( -•1 ✓ / .T2c.C '1�{30- S..ou�'�eny. E� Gr 3- The c-;", �` / wt/l / _( 7SKe Lo e).- A7 o 740629Isk 4 Demo .rr'I - '�' . (ed.,Ce�%- F�ss S) Y/otC93'd'^ /(.C; Was, r. t r len .Gr "' g n'n:•. bit "''a m ., o ''e- L,i4Cod "Tarr el`�1^)e � � • a n n 4. Compensation. The Contractor agrees to reimburse the Sub- contractor as funds are received from the State by the Contractor, in accordance with the same terms as provided for payment of the Contractor for the work performed by the Subcontractor, and in no case shall the total compensation exceed Fifteen Thousand Dollars ($15, 000. 00) for all services rendered. 5. Scope of Services. Subcontractor agrees to provide the technical assistance to local governments, as set forth in Exhibit A of the contract entered into between the State of Colorado and the Contractor as above described and incorporated herein by reference as if more fully set forth. 6. Method of Payment. Upon the receipt of funds from the State of Colorado by the Contractor, said Contractor shall disburse the same to the Subcontractor in an amount equal to the proportion Subcontractor is entitled as set forth under the contract between the State of Colorado and Contractor. Contractor agrees to provide all information and necessary application on appropriate forms to allow Contractor to receive funds from the State in order to pay Subcontractor. 7. Responsible Department. The performance of the services required hereunder will be under the direct supervision of the Director of Subcontractors Planning Staff. 8. Conduct of Study. Subcontractor shall submit on request or at least once each quarter a progress report on the duties being performed by Subcontractor. 9. Personnel. The Subcontractor represents that it has, or will secure at his own expense, all personnel required in performing the services required under the contract. All of the services required hereunder will be performed by the Subcontractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. 10. Termination. This contract shall be deemed terminated, and no further obligation shall exist, except for damages sustained by other breach of contract, between the parties if; a. The contract between the State of Colorado and the Contractor is terminated for cause, or if b. The contract between the State of Colorado and the Contractor is terminated for the convenience of the State. Subcontractor shall be compensated upon termination as follows: Upon termination Subcontractor shall be paid from termination compensation funds received by the Contractor from the State of Colorado in an amount equal to the proportion of the Subcontractor's duties as compared to the entire project requirements. 11. Changes. The Subcontractor agrees to perform any changes required by the State of Colorado pursuant to the requirements of Exhibit 1. -2- ' n , 12. Equal Employment Opportunity. (a) The Subcontractor will not discriminate against any employee or applicant for employment be- cause of race, color, religion, sex or national origin. The Subcontractor shall 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 actions shall include, but not be limited to the following: employment, upgrading, demotions or transfers, recruitment or recruitment advertising; layoffs or termin- ations; rates of pay or other forms of compensation; selection for train- ing including apprenticeship; and participation in recreational and educa- tional activities. The Subcontractor agrees to post in conspicuous places available to employees and applicants for employment notices to be pro- vided setting forth the provisions of this non-discrimination clause. The Subcontractor will in all solicitations or advertisements for employees placed by or on behalf of the Subcontractor, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Subcontractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (b) The Subcontractor shall keep records and submit such rs reports concerning the racial and ethnic origin of applicants for employ- ment and employees as the State of Colorado may require. (c) The Subcontractor agrees to comply with such rules, regulations or guide- lines as the State of Colorado may issue to implement these requirements. 13. Interest of Members of State and Others. No officer, member, or employee of the State and no members of its governing body, and no other public official of the governing body 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 contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or in- directly interested or have any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. 14. Assignability. The Subcontractor 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 State thereto: Provided, however, that claims for money due or to become due to the Subcontractor from the Contractor 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 fur- nished promptly to the State. 15. Interest of Subcontractor. The Subcontractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of services required to be performed under this contract. The Subcontractor further covenants that in the performance of this contract no person having any such interest shall be employed. 16. Findings Confidential. Any reports, information, data, etc. , given to or prepared or assembled by the Subcontractor under this contract which the State of Colorado requests through the Contractor to be kept as confidential shall not be made available to any individual or organization by the Subcontractor without the prior written approval of the State. -3- 17. Officials Not to Benefit. No Member of or Delegate to the n Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. 18. Identification of Documents. All reports, maps, and other documents completed as a part of this Contract, other than documents exclusively for internal use within the State of Colorado, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block) containing the name of the State of Colorado. The preparation of this report, map, document, etc. , was financed in part through a Comprehensive planning grant from the Department of Housing and Urban Development, under the provisions of Section 701 of the Housing Act of 1954, as amended, together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned. 19. Publication, Reproduction and Use of Material. No material produced in whole or in part under this Contract shall be subject to copy- right in the United States or in any other country. The State and HUD shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Contract. n 20. Audits and Inspections. At any time during normal business hours and as often as the State, HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the State of Colorado, HUD and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract and will permit the State of Colorado, HUD and/ or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. 21. To the extent that same are applicable to the Subcontractor and not more fully set out above, the Subcontractor agrees to the following items set forth in HUD Handbook II, Comprehensive Planning Assistance, Managing a Grant, July 1971; Appendix 5, Guide Form of Contract for Personal Services, contract items numbers 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day first above written, and to have effect and be binding on the parties nunc pro tuns as of July 1, 1974. Contractor, Larimer-Weld! Subcontrac r Weld C ty Regional Council of Governments Position Chairman Position A4//-tri.Q -4- 1 , r ' I L .j .II. 'U.!. .' 1 ,I.l • 37. 0 0 00__ _ tXsf 7 '36 / 0 73 _ CONTRACT TIES CONTRACT, made this 1st day of July 1974, by and between the Sr,t-, of Colorado for the use and benefit of the Department of Local Affairs Division of PLANNING, _ hereinafter referred to as the State, and L.aril-ter-Weld Regional Council of Governments h.•reirufter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made mailable and a sufficient unencumbered balance thereof remains a a la 1e for payment in Fund Number 1001 Gil Account Number 56057 , Contract Encumbrance NumberU8Se,c> ;and 1VHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State has received a Comprehensive Planning Assistance Grant from the U. S . Department of Housing and Urban Development, identified as Project No. CPA-CO-08-00-0125; and WHEREAS, the State desires to engage the Contractor to render certain technical or professional services, hereinafter described in connection with the above project; and WHEREAS, the Contractor is capable and willing to perform the services. rs NOW THEREFORE, it is hereby agreed that 1. Area Covered. The Contractor 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": Planning and Management Region 2 (Larimer and Weld Counties, Colorado). 2. Scope of Services. The Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated on the attached Exhibit A, Scope of Services. 3. Time of Performance. The services of the Contractor shall com- mence 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 , 1975 4. Compensation. The State agrees to reimburse the Contractor two-thirds (2/3) of all eligible project costs up to but not exceeding Thirty Thousand Dollars ( $30,000.00 ). Such compensation shall be the Federal Government's share of a total project amount of Forty-five Thousand Dollars ($ 45,000.00 ), including Fifteen Thousand _. _. - Dollars ($ 15,000.00 ), as a contribution from the Contractor. It is further understood Page l of pages '(See i,l>tmuiuna on tevene of I:Ia page.) . and agreed by the above parties, that should the Devirtrnent of I-lousing and Urban Development disapprove this Contract or refuse or fail 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. r\ 5. Method of Payment. The State shall make such reimbursement to the Contractor on receipt of appropriate form supplied by the State indicating eligible services and materials in conformance with requirements set by the State. Such billing shall be filed at least quarterly and shall certify that the Contractor has performed according to Exhibit A, Scope of Services, which is part hereof. The sum of Three Thousand Dollars ($3,000.00 ), which is ten percent (10%) of the total reimbursement, shall be payable at the termination and final approval of the Project No. P-125 by the Department of Housing and Urban Development and transmittal of funds by said Department. 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 amount of Thirty Thousand Dollars ($30,000.00) for all the services required. 6. Responsible Planner. The performance of the services required hereunder will be under the direct supervision of Richard D. MacRavey , who is hereby designated as the planner-in-charge of this work program and who meets the qualifications as required by the State. At any time the planner- in-charge is not assigned to this project, the Contractor shall immediately notify the State and work shall be suspended on the project until a planner-in- charge has been so assigned who is acceptable to the State. 7. Conduct of Study. The Contractor shall submit to the State once during each calendar quarter throughout the term of this contract a progress report containing information in a form prescribed by the State. He shall also • provide adequate notice of meetings scheduled with local officials in order that, if deemed necessary by the State, a representative of the State might be in attendance. • 8. Personnel. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the State. All of the services required hereunder will be per- formed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the State. 9. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agree— r"1 meets, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. Page 2 of 5 pages • 10. .Termrtion for Con✓e.niebce of StatelThe State may terminate • this Contract at any time by giving written notice w the Contractor of ;uch lerrnination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 9 above shall, at the r option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will 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 Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not other- wise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 9 hereof relative to termination shall apply. 11 . Changes. The State may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compen- sation, which are mutually agreed upon by and between the State and the Con- tractor, shall be incorporated in written amendments to this Contract. 12. Equal Employment Opportunity. (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall 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 actions shall include, but not be limited to the Following: employment, upgrading, demotions or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Contractor agrees to post in conspicuous places available to employees and applicants For employment notices to be provided setting forth the provisions of this non-discrimination clause. 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, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all sub- contracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (b) The Contractor shall keep records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the State may require. (c) The Contractor agrees to comply with such rules, regulations or guidelines as the State may issue to implement these requirements. 13. Interest of Members of State and Others. No officer, member, or employee of the State and no members of its governing body, and no other public official of the governing body 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 Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. Page 3 of 5 pages • 14. Assigns it The Canvractor shall nflissign any iritere3t in this Contract, and shall not transfer any interest in the same (whether by assign- ment or novation), without the prior written consent of the State thereto: Pro- vided, however, that claims for money due or to become due to the Contractor from the State 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 State. 15. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of services required to be performed under this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 16. Findings Confidential. Any reports, information, data, etc. , given to or prepared or assembled by the Contractor under this Contract which the State requests to be kept as conficential shall not be made available to any individual or organization by the Contractor without the prior written approval of the State. 17. Officials Not To Benefit. No Member of or Delegate to the Congress of the United State of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. 18. Identification of Documents. All reports, maps, and other documents completed as a part of this Contract, other than documents exclusively for ^ internal use within the State, shall carry the following notation on the front cover e , or a title ptage, (or in the case of maps, in the same block) containing the name of the State. The preparation of this report, map, document, etc. , was financed in part through a Comprehensive planning grant from the Department of Housing and Urban Development, under the provisions of Section 701 of the Housing Act of 1954, as amended, together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned. 19. Publication, Reproduction and Use of Material . No material produced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. The State and HUD shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Contract. 20. Audits and Inspections. At any time during normal business hours and as often as the State, HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the State, HUD and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract and will permit the State, HUD and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. rag e. 4 of 5 pages ' - t0:\.I ROLL.t U'S AI'PROV 1Ln I. shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such a sistaut a+ he may designate. This provi,iun is applicable to any contract involving the payment of nn mey 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 one 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 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 subcon- tractors 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 performance 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 is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. 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 S0-17-1,CRS 1963,as amended. DISCRLMINATION 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 (80-21-1, CRS 1963, as amended). COLORADO LABOR PREFERENCE 6. Provisions of 80-18-1, & 2, CRS 1963 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. LARIMER-WELD REGIONAL STATE OF COLORADO ^ COUNCIL OF GOVERNMENTS JOHN 0.VANDERHOOF,GOVERNOR Contractor , Larirner-Weld Regional Council of Governments Chairman '6 EXECUTIVE DIRECTOR, PositionDEPARTMENT LOCAL AFFAIRS OF APPROVALS ATTORNEY GENERAL CONTROLLER� / `4 , Xr JOHN P. MOORE � ` ! }� By ATTORNEY GENERAL By ( _7,, �1" by eliailit, a, Pag 5 which is the last of 5 pages Assistant Attorney Generaicee instruction‘on re,crre site. • 11'x.ICRK ITEM DC_`- CRIPTICN .2. 5 Affirmative Action Program rs A. Affirmative Action in Citizen Involvement - The Contractor will adopt and implement a program that insures adequate and meaningful citizen involvement in all decision-making processes. The program will include as a minimum: The establishment of citizen advisory groups that are representative of all segments of the regional population in terms of ethnic origin, sex and income level. Mechanisms delineating the roles that such citizen advisory groups will have in the decision-making process, emphasizing methods of providing the means whereby all members, in addition to being informed, are encouraged to respond to and help initiate and develop plans. Guarantees that the Contractor will provide technical assistance to such citizen advisory groups in order to enable them to carry out their assigned duties and make competent decisions; additionally, that the Contractor will take steps to interest all members of such advisory groups, but especially the minority and female members, in the work at hand and in the general field of competence of the particular group. Full reports on the development, implementation, and degree of success achieved in this program will be included as a part of each quarterly report and the final report required under this.contract. B. Affirmative Action in the Work Program - With respect to each relevant work item contained in this Scope of Services, the Contractor will develop and implement a plan not only to eliminate discrimination but to insure that special consideration is given to minority groups and individuals. This provision is especially important, for example, in connection with planning for land use, housing, community services, transportation, day-care services, and the like. In these and similar work elements, the affirmative action plan must indicate the incorporation of data bases that identify needs differentiated by minority categories and by geographical location, and the development or revision of plans and programs to meet the needs so identified. Full reports on the development, implementation, and degree of success achieved in this program will be included as a part of each quarterly report and the final report required under this contract. C. Affirmative Action in Equal Employment Opportunity - The Contractor will adopt and implement an affirmative action plan for employment which establishes the policy of non-discrimination on the basis of race, color, religion, national origin, sex, age, or disability; and which specifies goals and target dates for implementation. The attached Appendix A-1 , which is hereby made a part of this contract, contains elements of such an affirmative action plan which may be adopted by the Contractor as they are deemed applicable to the particular requirements of the Region. D. Affirmative Action in Contractual Relations - In the letting of contracts and the purchase of supplies and services, the Contractor agrees that not only will it not discriminate against any persons on account of race, color, religion, national origin, sex, age, or disability, but also that it will make positive efforts to utilize minority individuals and minority-owned firms and other organi zations in such contractual relationships. A statement describing such efforts in behalf of minority individuals and firms shall be included with each quarterly report and final report required by this contract. No Federal Funds Involved. EXHIBIT A Page 1 of 4 pages ZaMDD 7r'3 OF ' [ F'.`✓;U,_S • ' 'WORK ITEM DESGI�ii f1CN - , t 1 Pouting This project, to be performed over the 1973-74 snd 1974-75 fiscal years, will design and create a region-wide, computerized, continuously updated housing and land use data bank. The data bank will allow monitoring of changes in land use and housing stock and will enable planners to "focus" on specific geographic areas as small as a census block or as large as an entire political jurisdiction. Conditions at any moment in time may be summarized as a computer-prepared report. The 1974-75 portion of the project will be a continuation of the previous fiscal year's work. During the 1974-75 fiscal year, the computerization of the assessor's office data will be completed. Due to the regional nature of this project, coordination and control will be provided by the Larimer-Weld Regional Council of Governments, with most of the work performed by local agencies or outside contractors. Manpower and Cost: Man-months Cost Staffing 18 $12,000 Equipment rental -- 5,000 Supplies -- 3,000 Total Cost $20,000 r' The end result of this project will be an updatable inventory of housing and land use, with necessary programming to keep the inventory from becoming outdated. The end products of this work will be: a description of the computer system, e.g. files and software; a description of the type of reports that can be generated by the system; recapitulation of the work program, e.g. costs, staff time, etc.; and an analysis of future housing needs in the Larimer- Weld region. Cost and due date per quarter: - 9/30/74 - $5,000 3/31/75 - $5,000 12/31/74 - 5,000 6/30/75 - 5,000 Total Cost $20,000 3.3 Technical Assistance to Local Governments 3.3. 1 Larimer County Planning assistance to the municipalities of Berthoud, Estes Park, Fort Collins, Loveland, Timnath and Wellington shall be provided by the Larimer County planning staff on behalf of the COG. Assistance to the Town of rims' Wellington will include such areas as building inspection, zoning, sub- division review and annexations. Assistance to the Town of Timnath will be for the development of a comprehensive plan. Assistance to the munici- palities of Berthoud, Estes Park, Fort Collins and Loveland will include comprehensive plan review and zoning and subdivision review (for requests in unincorporated area surrounding the municipality). Staff will attend local meetings and be available on an "on call" basis to provide assistance within staff capabilities. Quarterly reports (3 copies each) shall be provided to the Division of Planning indicating work accomplished in the program. EXHIBIT A Page 2 of 4 pages Urnartn c •-;t of Lnc,‘l Affairs - No. 32nn00 Contract Routing No . tre3 ` SCOVE Cr ' SERVICES ITEM DESCRIPTION 3.3. 1 Larimer County (continued) /►C 'S Cost and due date per quarter: 9/30/74 - $3, 125 3/31/75 - $3, 125 12/31/74 - 3, 125 6/30/75 - 3, 125 Total Cost $12,500 3.3.2 Weld County One of the basic premises of the Weld County Comprehensive Plan is that urban growth within the County should be directed, or encouraged, to locate in and around the 28 existing incorporated municipalities of Weld County. It is felt that, in this way, a basic segment of the Weld County economy, agriculture, may best be protected from urban encroachment. If these municipalities are to accommodate future urban growth in Weld County, they must develop the basic tools which will make it possible to guide this growth, so that any negative impacts may be minimized to the greatest extent possible. At the current time, many of the small munici- palities in Weld County do not have the revenues or resources necessary to support planning programs which would develop such basic planning tools. In the absence of such programs, it is felt that the county planning staff can best provide the technical assistance necessary to insure that such programs are established in the municipalities in question. This would not only provide the means for assisting these municipalities in establishing such programs, but would also provide a critical communications link between the County and the individual municipalities, as each prepares for future urban growth. - The major goals involved in this program would include, for each munici— pality as appropriate: a. To continue the current technical assistance program to incorporated municipalities in the County. b. To continue the assistance provided to the municipalities adopting comprehensive plans. c. To further assist the municipalities by providing the basic data necessary for planning and land use decisions. d. To continue aiding the incorporated municipalities in the development of zoning, subdivision, annexation and planned unit development ordinances. e. To continue general technical consulting services to the incorporated municipalities in Weld County for the provision of administrative review of subdivision plats and rezoning applications and general planning. f. To provide minimal training to local building inspectors under the supervision of the Weld County Building Inspector. The municipalities to be aided are as follows: Ault, Dacona, Eaton, Erie, Evans, Firestone, Fort Lupton, Frederick, Gilcrest, Greeley, Grover, Hudson, Johnstown, Keenesburg, Kersey, LaSalle, Mead, Millikin, Nunn, Pierce, Platteville, Severance and Windsor. Tangible products will include copies of adopted zoning, subdivision, annexation and planned unit development ordinances and copies of adopted zoning maps. Provision of general technical consulting services to include administrative review of subdivision plats and rezoning applications, in addition to general planning for municipalities listed under "a" above. Tangible products would include items developed under the general planning designation such as base maps (or other maps used for planning purposes), EXHIBIT A Page 3 of 4 paces �J r Der�e (Vrtrrect of Local Affairs - No. 320000 Contract Routing No. en 1, %i I :i: IIvJ 3.3.2 Weld County (continued) copies of adopted comprehensive plans, data compiled for general planning purposes, etc. Additional "tangible items" would depend on specific requests from the individual municipalities. Quarterly report (3 copies each) shall be provided to the Division of Planning indicating work accomplished in the program. Cost and due date per quarter: 9/30/74 - $3, 125 3/31/75 - $3, 125 12/31/74 - 3, 125 6/30/75 - 3, 125 T otal Cost: $12,500 Grand Total $45,000 it EXHIBIT A Page 4 of 4 pap--; D.•a,,.,. tm._:nt of !_ccnl /'.`f :r_. - No. 3?C',Yifl can rne, Pc+._'`, \! 3� SUGCESf D AFFIRMATIVE ACTIGN P f\! F... :- EQUAL EMPLCYMENT CPPCkTu fry In order to fulfill the obligations assumed in Section 1 .2. 5 of the Scope of ncervices of this contract, the Contractor agrees to adopt and implement an affirmative action plan for the entire organization, incorporating such portions of the following as seem logical and likely to be effective under the circumstances peculiar to the region, or other reasonable means of fulfilling those obligations; and to indicate in each quarterly report and in the final report required by this Contract which means of implementation are being applied and the degree to which they have been successful. The chairman of the contracting agency is fully responsible for insuring equal opportunity throughout the organization itself, its staff, the staff of affiliated agencies, and the membership of advisory groups. The chairman should formally appoint an Equal Opportunity Coordinator, who may be the director or another individual . The Contractor should also establish an Equal Opportunity Advisory Council, composed of members and employees representative of various backgrounds of ethnic origin, sex, age, and religion. Functions of the Equal Opportunity Coordinator and the Equal Opportunity Advisory Council include the following: � Equal Opportunity Coordinator t The Equal Opportunity Coordinator shall be directly responsible to the Chairman in the development and implementation of programs to insure equal opportunity and affirmative action in all aspects of employment by the Contract-Dr itself and any of its adjuncts, such programs including but not limited to the following: 1 . In conjunction with the State Division of Planning and Department of Personnel, review all job specifications and effect such revision as is necessary to relate them directly to the actual work requirements, eliminating any superfluous qualifications which might tend to disqualify any applicant because of any disadvantage due to race, color, national origin, sex, age, religion, or handicap. 2. Through agencies, organizations, institutions, and groups within the community, and through statewide communications, including newspaper advertising and articles, provide information concerning actual or potential vacancies, encouraging inquiry and application by female and minority persons, in all such communications making clear the serious intent of the Contractor to avoid discrimination and to provide equal opportunity. 3. Complete (if necessary) and review personnel records so as to determine types and levels of employment and the applicable characteristics of em- ployees, and identify problem areas and potential corrections. 4. Establish employment goals which take cognizance of the composition of the population of the entire area served, and target dates for the fulfilment of those goals. Implicit in the goals is the concept of opportunity as well as that of equality. 5. In cooperation with the State Division of Planning and Department of Personnel, review and revise employment application forms so as to eliminate any remaining traces of discriminatory attitudes or practices. APPENDIX A-1 rage 1 of 3 pages Department of Local Affairs - No. 320000 Contract Routing No��►wit • , ' ` is . Carefully ex- .ne interviewing and tenting L:chniques to the end that they tend to encourage the applicant to show his or her best qualifications, rather than to bring out weaknesses which may be attributable to present or previous cultural biases . ris 7 . Establish methods of reinforcing a policy of promotion from within, i1 including if necessary job di job-dilution and job-simplification principles; and encourage women and minorities to enter employment at levels for which they qualify, with good prospects for improvement. 8. Create the means for personnel in lower job categories to gain experience in work at higher levels so that they may be prepared to accept promotion. 9. Develop an ongoing, positive in-service training program with special emphasis on the potentialities of upgrading. 10. When possible, support, by arranging office time and/or financial assistance, programs of personnel training and education in appropriate institutions and agencies. 11 . Take vigorous action in establishing internship programs in planning and the other functions of the Contractor, seeking usable funds on the one hand, and interested or interestable female and minority students on the other. 12. Establish a system of review of p'oposed discharge, demotion, job termina— tion, or disciplinary action for the express purpose of determining whether ^7 or not any discriminatory element might be involved. 13. Provide counseling for any employee or applicant for employment who believes that he or she has been discriminated against because of race, color, national origin, sex, age, religion, or handicap; follow such counseling with in-depth discussion of the complaint and findings with supervisory personnel; and where a satisfactory understanding is not reached by the foregoing means, arrange for a formal or informal hearing before the Equal Opportunity Advisory Council. 14. Make certain that every employee is familiar with procedures for filing a complaint alleging discrimination; and encourage all employees to call attention to any acts or attitudes of apparent discrimination, so that by discussion or if necessary, disciplinary action, such acts or attitudes may be rectified. 15. Make contact and work with recognized agencies and organizations whose general objectives are nondiscrimination and equal opportunity, in order to profit from any ideas and programs which may be generated by them. 16. Establish firmly in the mind of each employee that the Contractor has adopted and faithfully follows a program of affirmative action in citizen involvement, in the work program, in equal employment opportunity, and in contractual relations; and make available to each employee a copy of any relevant publications such as the affirmative action plan itself, Contractor and adjunct organization membership lists, pertinent personnel rule and procedural changes, etc. Equal Opportunity Advisory Council Functions of the Equal Opportunity Advisory Council are to provide policy advice to the Contractor and its Equal Opportunity Coordinator, and to hear and make recommendations concerning cases of alleged discrimination by employees or potential employees. More specifically, the Equal Opportunity Advisory Council is to: Page 2 of 3 pages • F;s';i_;t the Cp i ator and-lhl: Contractor ' i i >rove cornrnunications . • ^within the co unity arr.! the state for th:: put _' of informing potential applicants of current or foreseeable openings and obtaining applications, especially from women and minority persons. n 2. Periodically review the Contractor's total affirmative action plan for equal employment opportunity and, through the Coordinator, make recom- mendations for its improvement, especially as regards goals and target dates. 3. Develop a method of maintaining personal contact with the female and minority employees of the Contractor and its adjuncts for the purpose of formulating ideas for the general improvement of the program, including encouragement of employee referral of potential minority applicants. 4. Hear all sides of any case of alleged discrimination which may be brought to the attention of the Advisory Council by the Coordinator -- on a formal or an informal basis, depending upon the nature of the case -- and make recommendations to the employee alleging discrimination and to the active supervisor and the appointing authority. 5. With the cooperation of the Coordinator, in any case not satisfactorily resolved through the procedures outlined in 4, advise and assist the aggrieved employee of his rights in appealing to the affirmative action officer of the State Department of Personnel and/or the Colorado Civil Rights Commission. 1 ' • 3 3 Page of pages Hello