HomeMy WebLinkAbout770376 RESOLUTION
RE : APPROVAL OF 701 APPLICATION FOR KERSEY COMPREHENSIVE PLAN.
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 Town of Kersey, Colorado has submitted a 701
application in connection with the Kersey Comprehensive Plan for
approval by the Board of County Commissioners of Weld County,
Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, after reviewing said application, deems it in the
best interest of Weld County, Colorado to approve said 701
application for the Kersey, Colorado Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that said Board does hereby
approve the 701 application for the Kersey, Colorado Compre-
hensive Plan.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 22nd day of
June, A.D. , 1977 .
The above and foregoing Resolution was read into the record
and signed on the 29th day of June, A.D. , 1977 .
BOARD OF COUNTY C ISSIONERS
WELD C CO DO /
Pro teni
C 6y+ _
ApiteS
.C> 1 irE
ATTEST: " elLn TEA
Weld County Clerk and Recorder
• .Clerk to the Bo
BY: /
Deputy Coun Jerk 2P"RO D AS TO ORM:CI County Attorney
770376
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LARIMER — WELD REGIONAL COUNCIL OF GOVERNMENTS
/ ✓� PHONE (303) G6]-3988
ROOM 201
201 EAST 4th STREET I
LOVELAND, COLORADO 80537
June 10, 1977
Commissioner June Steinmark
Weld County
P.O. Box 758 I
Greeley, CO 80631
Dear Commissioner Steinmark:
I am enclosing a form for you to sign indicating your acceptance of
a HUD-701 grant of $5,000 for land use planning for Kersey. These funds i
are being passed through from the Larimer-Weld Regional Council of
Governments, who received the grant award from the Colorado Division of
Planning. The terms of the award are listed. Your planning staff has i
reviewed a draft Scope of Services for the contract, which will be
presented to you, hopefully within the next two or three weeks, for
your approval.
Please return this form to me as soon as possible, and I will have
it signed by the COG Chairman, Chuck Bowling. Thank you.
Sincerely,
CadkAt .1w'e/1AAA„
Carol Devenir
Associate Planner
CD/dlt
Enclosures:
1
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LARIMER - WELD REGIONAL COUNCIL OF GOVERNMENTS
} PHONE (303) 667-3288
ROOM 201
201 EAST 4th STREET
LOVELAND, COLORADO 80537
December 2 , 1977
TO: Les Kaplan, Planning Director,
City of Fort Collins
Gary Fortner, Planning Director, •
Weld County
0. D. Mayo, Town Administrator,
Town of Berthoud
FROM: Maralyn G. RadiceLi
Interim Staff Director
SUBJECT: DOP Contract CPA-CO-08-00-0161
Enclosed please find two copies of your respective contract
with the Larimer-Weld Regional Council of Governments for
1977-78 HUD 701 Planning Funds .
Please have an authorized representative sign on the pages
indicated by a paperclip, retain one copy for your files, and
return one copy to the COG office for our files .
I am very sorry for the delay in getting these contracts
to you; however, there was a holdup at the State level. Thanks
for your patience :
•
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tax D ►artment of Local At' 'fuss
Colorado Division of Planning
1
Philip H. Schmuck, Director r`OAt,
187C,
Richard D. Lamm, Governor
November 3, 1977
Ms. Marilyn Radice, Director
Larimer-Weld Regional Council of Governments
201 East Fourth St. , Room 201
Loveland, Colorado 80537
Dear Ms. Radice:
Attached is a fully-executed copy of the P-161 (1977-78) contract
between the Larimer-Weld Regional Council of Governments and the
Division of Planning. This copy is for your files.
If you have any questions or if we can be of any assistance,
please do not hesitate to contact me or Tom Laetz in Fort Collins.
Sincerely,
)
William A. Moore
Planner
WAM:mhd
Attachment
520 State Centennial Building, 1313 Sherman Street, Denver, Colorado 80203 (303) 892-2351
Ghfl Rc ,vu 'µ°' PLA4NIliG A`Si1 i i',liCIii HUit Dili(i --L 1r') / /-/e
.i1k',u
Applicant I,arimer-Weld Regional Council of Governments on bohnlf or Weld Ennnty --
funds 5,000.00 Minimum local match of $ 2,500.0'1
__
HUD 701 available $ ----__ ---- -----
Cost of total project (includes 701 and local funds) $ 7, 500.00
Brief description of work to be accomplished: Pas, throurh funds to Weld County to
complete land use and housing plans for the community of Kersey_____
The above allocation will be made available in accord with the current regulations
for Comprehensive Planning Assistance, Section 701 of the Housing Act of 1954, as
amended, and contingent upon HUD approval of the final grant .
•
In signing this form, the undersigned agree to the following:
1. The 701 funds indicated above are accepted by the jurisdiction indicated for the
purposes specified.
2. In order to be eligible for 701 funding for FY 1978-79, the agency or jurisdic-
tion must have completed and adopted land-use and housing plans by April 1, 1978.
This includes those preparing land-use and/or housing plans during 1977-78.
3. ' Any work other than land-use or housing elements funded hereby will be completed
by June 30, 1978. (If the recipient does not wish to be considered fo-I: 701
funding during 1978-79, land-use and housing elements will also be completed by
June 30, 1978. )
4. Regardless of its consideration of future 701 funding, it is the intention of
the jurisdiction to adopt any plan elements to be developed hereby.
5. If any jurisdiction or agency signing this form is to be funded during 1977-78
to develop, or have developed for it, a land-use and/or housing element, such
jurisdiction or agency certifies that it has read the HUD requirements for
land-use and housing plans• presented below, understands them, and that the
planning element(s) to be developed will meet the application section of those
requirements.
n ulriel land use element. . f22 Long and short ie�rr policies 2nd (2) Areawide planning org2rz';_go:ors.
600.7.. Feq Arenwide pianni ; 0 _ niza'ti —...•,,*ya1.:
(b2 States.cnd di-eau:late Flanging Or- plans With respect to the physiak (1) Identify the'hous(ng needs of the
gait aticrs. -Each Stag and a re 7Sidc development of the- loch_ city, urban current and pro=pectic e tw,pulahon by
planning organization_ In accordance county cr locality, carside`tag the social, ap➢ro➢riatte ge..ap'r._c sectors and pro-
with to olicTes es[ab:sbed throng:1 the - economic.andenvi:nr.r.:�_n,al im➢S vide for the don but en of housing re-
coesuLtnt_o=procesa a 7 600.120 and in- (2) Studies, erheria._ stardsn-o and sources (including ass's-cod housing) to
implementing procedures r_ecessa_,, tor. meet the needs of ail citizens in order to
chided a the State. went t: include the loilo.vire D vu'; in its m. de- effectively guiding arid controlling, p major- rovide a choice of housing tip-.ra and
Lind shall .
decisions as to v,-here growth shall and location; and � • -
Land use nl=mecr-: - .shill not tare place; (U) Uz':elop policies, strategies and
where
Long p and short tonal policies, and _ •
appropriate sdm�lstr ti';a pro_ (3). The pattern, iete�sl[�"a^rt timing .legulati;a and arL—ilt:s`ra 5ive Pro'vs-ali
¢-here sand. t necessary to acecoapilsh areawide hous-
eedu-es and legislative proposals- wat`r of Taal use for residential, cornme_rc:a, - ..
Industrial and other uses; and -lag^.or,ls acid oblectiver,. . • - -=
re3ud [:> where ^-:owth would ^=d x tutees;::s ^nd mecn , r,
(in Policies, p ' (3) Large cities, urxrz counties end
should( not type,intensity and timing of acesms necessary for •
ccordinat-o❑ el -localities. Large citie3, urban counties
(..) The type, _ land' tide planning- with comm tY' and localities shall: (1) Identify the
6=ooh: - - - develop mentstratergi_es. capit-at L-nprove- housing needs of the current and pras-
(3) Studies. criteria, standards 'and ra s; transportation;. open
electively
wanting Proved:r:c-' ace.n a--7
for meat Frog.- Pectise population by appropriate gb'-
e lective'ly gut-ding and controlling raior .space;Pubic u:.. ties and(abilities DLL phic Lupton> :_nd icentiiz5:e sef. arts
ogth shat and nine and: State and area ride land use of the poPula tion and provideforthedis-
scalsiors takeas where sd plans. tribut:on of housing resources (L'aclud-
shall not tis place: and ,.
(4) policies, procedures, and meth- § dpp,70 Required lmusu+g element lug assisted housing) to meet the needs
'a: sms necessary for coordinating local, (b) Requirements. The housing el of all citizens inc:der to provide a choice
of housing types and location;2:'ea:^idz- grid State L1nd use policies spent requs ewe:n is by applicant c:+L'3o r; (ID Develop public-private policies,
with.functional tIe pl:.nwhe and capital in- areas follo>sa. strategies and Implementation activities
vestment strote ha
when available,and (1) States, States shall-develop poll- necessary to accomplish housing goals
fmprovaments _Ln governmental stria- ales. strategies, legislative_ and aci_tech and r,bj^etioes, including the provision
tures, systems 2-7-1:1 proced'.Lres that will. frnt(ve necessary
and evaluation tech-
fadlitete the achievement of land use =,{Hues nece;;arF to accomplish State of essential p'.Iblio fat llties and services;
and
obi=') - � _-... housing goals and obl poicy and «hen` (1I1) take into account the ho{sin
(e) Large cities, urban counties and applicable, de'reiop a policy Cr plan for Planning
acti:itiu; and plays n_r erta an
localities.In accordance with.the policies the geog�lphical sslstanon off State con- pursuant to Titles I and a of the Foes-
estab shed through the consultation trolled housing ass is lance. • ., thy, and Cto Titles I Development Act of
statesa i 6progr and ign.included in the g -10'(4 In developing their housing element.
city,
urban
over-all program andlocali each large
urban county and locality shall in- Funds will not be made available for
chide Lhe hollowing in.its land usa eye- 'duplicative basis data collection and
a nalys Ls. _ -
ment: • - • - -• - -
Chairman, Larir.ier-Weld Regional. Council of Governments
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CONTRACT
THIS CONTRACT, made this / day of %t-h6-5) , 1977, by and
between the Larimer-Weld Regional Council of Governments alternatively
referred to as the Council or the Contractor, and Weld County
Colorado hereinafter referred to as the Local Government or 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 into by the Contractor and the
State require services to be performed by the above named Subcontractor;
and
WHEREAS, it is necessary that the duties and responsibilities of
the above named Subcontractor be set forth herein; and
WHEREAS, the above named 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,
CPA-CO-08-00-0161 , 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 necessary
services as are set forth in this contract, or as set forth in Exhibit.
1, including, but not limited to work items 1.2.5, 1.2.6, 1.2.7, and 3.3.4
of "Scope of Services" section of Exhibit 1.
3. Time of Performance. The services of the Subcontractor shall
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, 1978.
4. Compensation. The Contractor agrees to reimburse the Subcontractor
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 Five Thousand
Dollars ( $5,000 ) for all services rendered.
5. Scope of Services. Subcontractor agrees to provide those
services above mentioned 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 they were more
fully set forth in this instrument.
6. Method of Payment. Upon 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 by Subcontractor will be under the direct supervision of:
Gary Fortner, Weld County Director of Planning
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 its 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.
12. Equal Employment Opportunity. (a) The Subcontractor will not
discriminate against any employee or applicant for employment because 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 terminations;
rates of pay or other forms of compensation; selection for training
including apprenticeship; and participation in recreational and educational
activities. The Subcontractor 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.
-2-
The Subcontractor will in all solicitations or advertisements for employees
placed by or on behalf of the Subcontractor, state that all qualified
applicants 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
reports concerning the racial and ethnic origin of applicants for employment
and employees as the State of Colorado may require. (c) The Subcontractor
agrees to comply with such rules, regulations or guidelines 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 indirectly 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 furnished 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 covenants and 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..
17. Officials Not to Benefit. No Member of or Delegate to the
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 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.
-3-
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 of Colorado, HUD and/or representatives of the Comptroller
General for examination all records with respect to all matters covered
by this Contract, and the State of Colorado, HUD and/or representatives
of the Comptroller General will be permitted 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 THEREOF, the parties hereto have executed this agreement
on the day first above written and the signatures hereto are duly authorized
to execute this on behalf of the parties.
Contractor, LARIMER-WELD Subcontractor, WELD COUNTY
REGIONAL COUNCIL OF GOVERNMENTS
Bdp BS}�. ! X(' y r-
Charles D. Tin`lCP
Chairman, Larimer-Weld Regional P 'tion Chairman
Council of Governments Board of County Commissioners
APPROVED AS TO FORM:
117/
Legal Counsel
Larimer-Weld Regional Council
of Governments
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CONTRACT
THIS CONTRACT, made this_.L day of Ch r (.!*(y�1u1977, by and between the
State of Colorado for the use and benefit of the Department of " Local Affairst__Division of
.Planning.
hereinafter referred to as the State, and 2 Laxlmer.—Weld RegionalCounc.i] of Governme.tts-'
hereinafter referred to as-the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001 __
,
Gil. Account Numbe►t56.C%J�1 Contract Encumbrance Numbere 6�?0`1 .?an.'
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, 'a the State has received a Comprehensive Planning Assistance
Grant from the U. S. Department of Housing and Urban Development (HUD) ,
identified as Project No. CPA-CO-08-00-0161; and
WHEREAS, the State desires to engage the Contractor to accomplish 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.
•
NOW THEREFORE, it is hereby agreed that
1. '4 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":
Colorado Planning and Management Region 2
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 commence
• as soon as practicable after the execution of this Contract and shall be under-
taken in such sequence as to assure completion of this Contract by
June 30 , 1978 .
4. Compensation. The State agrees to reimburse the Contractor
two-thirds (2/3) of all eligible project costs up to
but not exceeding Twenty-three Thousand Five Hundred
Dollars ($23,500.00). Such compensation shall be the Federal Government's
share of a total project amount of Thirty-five Thousand Two Hundred Fifty
Dollars ($35,250.00 ) , including
Eleven Thousand Seven Hundred Fifty Dollars
($11,750.00 ), as a contribution from the Contractor. It is further understood
1%;:!-... I of .. . ;.•[...
and agreed by the above parties , that sticul d the oepartnient of Hossi.ng and
Urban Development disapprove this Contract or refuse or fail to make the
grant to the State of Colorado as herein contemplated, then this contract
shall be void and shall not be binding on any parties to the Contract.
5. Method of Payment. The State shall make reimbursement to the
Contractor on receipt of appropriate fonn supplied by the State stating
eligible services and materials in conformance with requirements set by the
State. Such billing shall be filed at least quarterly and shall certify that
the Contractor has performed according to Exhibit A, Scope of Sere✓ices, which
is part hereof. The sum of Two_ Thousand Three Hundred Fifty
Dollars ($ 2,350.00 ) , which is ten percent (10%)
of the total reimbursement, shall be payable at the termination and final
approval of the Project No. P-154 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
Twenty-three Thousand Five Hundred
Dollars ($ 23,500.00 ) for all the services required.
6. Responsible Planner. The performance of the services required
hereunder will be under the direct supervision of Ronald Thompson
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 Sate 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,
agreements, 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, photo-
graphs, and reports or other material prepared by the Contractor under this
Contract shall, at the option of the State, become its property, and the Con-
tractor shall be entitled to receive just and equitable compensaton 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
10. Termination for Convenience of State. The State may terminate
this Contract at any time by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least 15 days before
the date of such termination. In that event, all finished or unfinished
documents and other• materials as described in Paragraph 9 above shall, at
the 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 per-
formed bear to the total services of the Contractor covered by this Contract,
less payments of compensation previously made: Provided, however, that if less
than sixty percent (60%) of the services covered by this Contract have been
performed upon the effective dare 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 otherwise 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. 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 accomplishment 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 which corporation, partnership
or association has any personal or pecuniary interest, direct or indirect, in
this Contract or the proceeds hereof.
13. Assignability. The Contractor 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 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 assign-
ment or transfer shall be furnished promptly to the State.
14. 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.
15. 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 confidential shall not be made available to any individual
or organization by the Contractor without the prior written approval of the State.
16. Officials Not To Benefit. No Member of or Delegate to the 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.
17. 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 or a
title page, (or in the case of maps, in the same block) containig 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.
18. 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.
19. Audits and Inspections. At any time during the normal business hours
and as often as the State, HUD and/or the Comptroller General of the United States
may deem necessary, extending to five (5) years after final payment under this
Contract, there shall be made available to State, HUD and/or representatives
of the Comptroller General all of Contractor's records with respect to all matters
covered by this Contract and Contractor will permit the State, HUD and/or repre—
sentatives 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.
Page 4 of 6 pages
Form 6-AC-02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. 'Ibis contract shall not he deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
money by the Slate.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year arc contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than ten thousand dollars for the constriction,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 he 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 he 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, when so required. is executed, delivered and filed, no claim in favor
of the contractor arising under this contract shall be audited, allowed or paid.
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 invokes 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 he resolved as provided in
A-16-101, CRS 1973, as amended.
DISCRIMINATION .AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS
1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975.Pursuant thereto, the following provisions.shall be contained in all State contracts or sub-contracts.
During the performance of this contract, the contractor agrees as follows:
(I) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion,ancestry, menLl or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertisings; lay-offs or terminations;rates of pay or other forms of conpensatim ;and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color. national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor onion or workers, representative of the contractor's committment under the Exeaitio•
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rides, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16. 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by '.he contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude:my individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid. abet, incite,compel or coerce
the doing of any act defined in this contract to he discriminatory or obstruct or prevent :try person from
complying with the provisions of this contract or any order issued thereunder;or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
page -S of_Si___pages
(7) In the event a .ne contactor's non-cou,pliance with the non-,. -rimination clauses of this contract or
with any of such rules. regulations, or order.,, this contract may be cancelled, terminated ',r suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Egaai Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be .
imposed and remedies as may he invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules. regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every sab-contract and
sub-contractor purchase order unless exempted by rules, regulations. or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontr:a.:tor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this'contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18.8-301, et seq., (Bribery and Corrupt Influences)
and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973,as amended,and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day firs: above written.
LARIMFR—WELD REGIONAL S't':11 L'•O} CO1..OItADO
COUNCIL OF GOVERNMENTS. avia:1l iirlji). 1.:11i?r1. G(��EH NOR
Contractor___ V ..� I\I-.l l.'1'Ix'1. DIRECTOR. 7;...
DEPARTMENT LOCAL A FAIRS
Position CHAIRMAN
Social Security Number or.I'Inploycr II)
, APPROVALS
)
ATTORNEY GENERAL _.1 I.Lt-(=�"'._L .� ,_ CONTRUu.ER L.�Si• — -- _—
• -`
By �__.� — —� ,r^:R. ) �._
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Prot.. -_ 6 .,rl,iL•t: is !!.e a•;:t ,,f �'.. . ..... .,
1. 2. 5 Affirmative: Action
Review the adopted regionl. Affirmative Action Plan to insure that
It addresses the provisions of the follo:diug federal laws:(i) Title VI of the Civil Rights Act of ] 96I ,
(ii) Title VITI of the Civil [tights Act of 1968,
(iii) The equal opportunity clause included in Part .':_V of the
Grant Document: Term and Conditions Governing Grants for
Comprehensive Planning issistance, and
(iv) Section 3 of the Housing and Urban Development Act of
1968.
a rr[. _ c.--:. ri g io p' a a _ ei. . _._ __, ( t . -. ) an,1 Lin c ,yea
of success achieved in implementing this plan during P-161.
Particular emphasis should be given to the region's efforts in
developing training and employment opportunities for lower income
residents in the area, and in utilizing (where possible) the
services of consulting firms which are located in or are owned
in substantial part by persons residing in the area served by
the regional organization.
1.2.6 Environmental Assessment
Review all adopted and in-process work funded by 701 Comprehensive
Planning Assistance funds during P-161 to ensure that it is
conducted in accord with the National Environmental Policy Act
of 1969.
Prepare an assessment of the environmental impacts that will
result when developmental plans and policies (such as land use
and housing elements) are implemented. This requirement is
detailed in section 600.65 (b) of the Federal Register of
August 22, 1975 and amended in the Federal Register of February 1,
1977 on page 6095. This assessment must be appended to the plan.
NO FEDERAL FUNDS INCLUDED
1.2.7 Review all adopted and in-process work funded by 701 Comprehensive
Planning Assistance funds during P-161 to ensure that it is
conducted in accordance with:
(i) Section 106 of the National Historic Preservation Act of
1966,
(ii) . Executive Order 11953, and
(iii) Section 101 (h) (4) of the National Environmental Policy
Act of 1969.
Prepare an assessment of the impact that developmental plans and
policies (such as land use and housing elements) will have on
properties included in the National Register of Historic Places.
This requirement is detailed in section 600.66 (d) of the
Federal Register of August 22, 1975. The assessment must be
appended to the plan.
NO FEDERAL FUNDS INCLUDED
3.3.1 Fort Collins
Larimer—Weld Regional Council of Governments shall pass through
$8,000.00 to Fort Collins to be used by the Fort Collir.splanning
staff to complete a housing plan for that city.
i. Utilizing the recently completed computerized housing
inventory and any other necessary information, a sufficient
data base will be established.
Page 1 of 5 Pages
%NOPK FFE_M DE ;F2IPT[CDN
i.i . Present and projected city-wide housing needs will be
identified for various population segments and geographical
areas of the city.
iii. Specific housing problems related to income, neighborhood
characteristics, market and laud constraints will be identified.
iv. Existing public programs related to housing will be analyzed.
Total. eligible costs for i through iv are $7,500.00.
v. Meetings yill- be held with local officials and other citizens
to discuss the data and to formulate specific housing goals,
objectives and policies.
vi. Based on the information derived from i through v, and other
information as needed, a draft housing plan, or draft alter-
native housing plans, shall be prepared.
vii. The draft housing plan(s) shall be the subject of at least
one public hearing prior to consideration for adoption.
Comments of local officials and other .citizens shall be
considered for inclusion in the plan. The result shall be
a single proposed housing plan for Fort Collins.
Total eligible costs for v through vii are $1`,500. 00.
viii. The Housing Plan shall be completed and adopted by April 1,
1978, (in addition to an adequate land use plan) if Fort
Collins wishes to be eligible for 701 funding fcr 1978-79.
If Fort Collins does not wish to be eligible for such
funding, the Housing Plan shall be completed and considered
for adoption by June 30, 1978.
ix. The Housing Plan developed under this Section 3.3.1 shall
he fully consistent with all other elements of the Fort
Collins Master Plan.
x. All data to be mapped at a community level shall be gathered
at a scale of 1 :2,400 (one inch equals 200 feet) or larger.
It is recommended that mapping be done at the same scale.
xi. The product under this Section 3.3. 1 shall be a housing plan
for the City of Fort Collins that meets the HUD requirements
described in Sections 600. 67 (b) and 600. 70(a) and (h) (3) of
the Federal Register of August 22, 1975. The housing plan
shall address the various elements of those requirements,
shall detail their applicability to Fort Collins and shall
describe the data on which they are based.
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xii. Five copies of all published material developed under this
contract shall be furnished to the Division of Planning by
July 15, 1978.
Total eligible costs under this Section 3. 3. 1 are $12,000.00 of
which up to two—thirds ($8,000.00) is reimbursable.
3.3.2 Loveland
Larimer—Weld Regional Council of Governments shall pass through
$6,000.00 to Loveland to complete a housing plan for that community.
• i. Loveland planning staff, utilizing information from the
Larimer County Planning Department, shall determine present
structural housing conditions in the city. This information
shall be field checked on a random sample basis to ensure
its completeness.
WORK l i c,iv C)Et;CF [F-FT[C:N
ii. Dousing trends wilt be identified . Present and future housing
• needs will be established by various geographical areas and
population segments. A data base sufficient to permit
preparation of an adequate housing plan will be established.
Total eligible costs for i and ii are $3,500.00.
iii. Meetings shall be held with local officials and other citizens
to discuss the data and to formulate specific housing goals,
objectives and policies.
iv. On the basis of the information derived from i through iii,
and other information as needed, a draft housing plan or
draft alternative housing plans shall be prepared.
v. The draft housing plan(s) shall he the subject of at least
one public hearing prior to consideration for adoption. The
comments of local officials and other citizens shall be
considered for inclusion in the plan. The result shall be
M1 a single proposed housing plan for Loveland.
Total eligible costs for iii through v are $5,500.00
vi. The housing plan shall be completed and adopted by April 1,
1978 (in addition to an adequate land use plan) if Loveland
wishes to he eligible for 701 funding for 1978-79. If
Loveland does not wish to be eligible for such funding, the
housing plan shall be completed and considered for adoption
by June 30, 1978.
vii. The housing plan developed under this Section 3.3.2 shall
be fully consistent with all other existing, adcpted elements
of the Loveland Master Plan.
viii. All data to be mapped on a community level shall he gathered
at a scale of 1:2,400 (one inch equals 200 feet) or larger.
It is recommended that mapping be done at the same scale.
ix. The product under this Section 3.3.2 shall be a housing plan
for Loveland that meets HUD requirements of Sections 600. 67 (b)
and 600.70(a) and (b) (3) of the Federal Register of August 22,
1975. The housing plan shall address the various elements
of those requirements, shall detail their applicability to
Loveland and shall describe the data on which they are based.
•
x. Five copies of all published material developed under this
contract shall be furnished to the Division of planning by
July 15, 1978.
Total eligible costs under this Section 3.3. 9 are $9,000.00 of which
up to two-thirds ($6,000. 00) is reimbursable.
3.3.3 Berthoud
Larimer—Weld Regional Council of Governments shall pass through
$4,500.00 to Berthoud for the completion of land use and housing
plans for that community by a consultant.
i. Sufficient data shall he gathered to permit preparation of
adequate land use and housing plans for Berthoud.
ii. Meetings shall he held with local officials and other citizens
to discuss the data and to formulate specific land use and
housing goals, objectives and policies.
Total eligible costs for i and ii are, for land use $4,000. 00
for housing $ —0—
iii. On the basis of i and ii, and other information as needed,
draft land use and housing plans, or alternative land use
and housing plans, shall be prepared.
WORK ITEM DE RIPTLONJ
iv. The draft land use and housing plans shall be the subject
of at least one public hearing prior to consideration for
adoption. The comments of local officials and other citizens
shall be considered for inclusion in the plans. The result
shall he single proposed land use and housing plans for Berthoud.
v. Both the land use and housing plans shall be completed and
adopted by April 1, 1978 if Berthoud wishes to be eligible
for 701 funding for 1978-79. If Berthoud does not wish to
be eligible for such funding, the land use and housing plans
shall be completed and considered for adoption by June 30, 1978.
-
Total eligible costs for iii through v are, for land use $2,000. 00
for housing $ 750.00
vi. The land use and housing plans prepared tinder this Section
3.3.3 shall be fully consistent with each other.
vii. All data to be mapped at a community level shall be gathered
at a scale of 1:2,400 (one inch equals 200 feet) or larger.
It is recommended that mapping be done at the same scale.
viii. The products developed under this Section 3.3.: shall be:
a. Land Use Plan for Berthoud that meets the HID requirements
of Sections 600.67 (b) and 600.72(c) of the Federal Register
of August 22, 1975. The land use plan shall address the
various elements of those requirements, shall detail their
applicability to Berthoud and shall describe the data on
which they are based; and
b. Housing Plan- for Berthoud that meets the HUD requirements
described in Sections 600.67 (b) and 600.70(a) and (b) (3)
of the Federal Register of August 22, 1975. The housing
plan shall address the various elements of those require—
ments, shall detail their applicability to Berthoud and
shall describe the data on which they are based.
ix. Five copies of all published material developed under this
contract shall be furnished to the Division of Planning
by July 15, 1978.
Total eligible •costs under this Section 3. 3.3 are $6,750.00 of which
up to two—thirds ($4,500.00) is reimbursable.
•
3.3.4 Weld County (Kersey)
Larimer—Weld Regional Council of Governments shall pass through
$5,000.00 to Weld County to provide sufficient technical assistance
to Kersey to complete land use and housing plans for that community.
i. A data base shall be established sufficient to permit
preparation of adequate land use and housing plans for Kersey.
ii. Meetings shall he held with local officials and other citizens
to discuss the data and to formulate specific land use and
housing goals, objectives and policies.
Total eligible costs for i and ii are, for land use $3,500.00
for housing $ —0—
iii. On the basis of the information derived from i and ii and
other information as needed, draft land use and housing
plans, or alternative land use and housing plans , shall
be prepared.
iv. The draft land use and housing plans shall be the subject of
at least one public hearing prior to consideration for
adoption. The comments of local officials and other citizens
- shall he considered for inclusion in the plans. The result
shall be single proposed land use and housing plans for Kersey.
Total c.lt-,ibl.a costs for _ __. end ' v :ire r ,: 1 i.,_rt c',a ., i ,7CO. nr)
wORF: [TEM DESC LPT[CN
v. Both land use and housing plans shall be completed and
adopted by April 1, 1978, if Kersey wishes to eligible
for 70] funding for. 1978-79. If Kersey does not wish to
be eligible for such funding, the land use and housing
• plans shall be completed and considered for adoption by
June 30, 1978.
vi. The land use and housing plans prepared under this Section
3.3.4 shall he fully consistent with each other.
vii. All data to be mapped at a community level shall. be
gathered at a scale of 1:2,400 (one inch equals 200 feet)
or. larger. It is recommended that mapping be done at the
same scale.
viii. The products developed under this Section 3.3.4 shall be:
a. Land Use Plan for Kersey that meets the HUD requirements
described in Sections 600.67 (b) and 600.72(ci of the
. Federal Register of August 22, 1975. The land use plan
shall address the various elements of those requirements,
shall detail their applicability to Kersey and shall
describe the data on which they are based; aad
b. Housing Plan for Kersey that meets the HUD requirements
described in Sections 600.67(b) and 600.70(a) and (b) (3)
of the Federal Register of August 22, 1975. The housing
plan shall address the various elements of those require-
ments, shall detail their applicability to Kersey and
shall describe the data on which they are based.
ix. Five copies of all publAshed material developed under this
contract shall be furnished to the Division of Planning by
July 15, 1978.
Total eligible costs under this Section 3.3.4 are $7 ,500.00 of which
up to two—thirds ($5,000.00) is reimbursable.
Total eligible costs under this contract are $32,250 of which up to
two—thirds ($23,500.00) is reimbursable.
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